PRESENTED BY Scanned from the collections of The Library of Congress Packard Campus for Audio Visual Conservation www.loc.gov/avconservation Motion Picture and Television Reading Room www.loc.gov/rr/mopic Recorded Sound Reference Center www.loc.gov/rr/record I i !.»•.. y w "" ••' Gin p§ The Leading Daily ^ Newspaper . i 111 If of the - ^ Motion|| Picture Industry MOTION PICTURE DAI Alert, Intelligent and Faith fut 1 1 Service' to the Industry in All Branches VOL. 35. NO. 1 NEW YORK, TUESDAY, JANUARY 2, 1934 TEN CENTS Thalberg Sees Program Rush Knell of Type Predicts 1934 Success For "Attractions" Hollywood, Jan. 1. — A splurge in program pictures which will end pro- g r a m pictures is what Irving Thalberg of M- G-M sees in the crystal for the new year. "I believe that 1934," he said today, "will see an attempt to make a tre- mendous amount of program pic- tures, and, as a result of that pressure, it will mean the end of the program picture because the difference between {Continued on page 12) Irving Thalberg Authority Finance Problems Up Today Methods on financing Code Author- ity will come up today when S. R. Kent, Charles L. O'Reilly, H. M. Warner and Nathan Yamins, the committee, discuss various plans. It is understood several proposals al- ready have been advanced to the com- mittee and the best will be agreed upon and sent to the authority for approval. Second session of the Code Author- (Continued on page 2) Authority to Move Into RKO Building Headquarters of the Code Authority are set in the RKO Building in Rocke feller Center and the committee, con sisting of Charles L. O'Reilly, H. M. Warner and R. H. Cochrane, will report favorably on this spot. Two offices are under consideration, one on the 18th floor and another above it, and it is likely that the higher ex- posure will serve as the background for the board. New Chicago Union Claims 100% Lineup Chicago Jan. 1.— Unionization of janitors, ushers, and ticket takers is 100 per cent complete here, according to Jerry Moran president of the {Continued on page 2) — 1933's Story, Told Day-By-Day Day-by-day happenings in the industry, as told in the headlines of Motion Picture Daily for the complete year of 1933, are pre- sented on pages 4, 8, 9 and 12 of today's issue, the first of the new year. The story of the headlines reveals that 1933 ushered in some of the most significant developments that have come to the industry in any single year of its history. Foremost among these, despite the fact that its results are not yet manifest were the arduous negotiations which resulted in placing the industry under an NRA code, with its accompanying important changes in trade practices, employment and wage scales. The further economic adjustment of the industry, begun in 1932, attained stable proportions during the past year, although leading production, distribution and exhibition concerns were forced to resort to receivership and bankruptcy proceedings in order to ad- just themselves, in some instances, to the new order. Federation to Set Producing And Ad Codes Production and advertising codes of ethics for independent producers and distributors will be drawn up by the committee on standards of the Federa- tion of the M. P. Industry, indepen- dent trade organization, within the next few days. The codes will be de- signed to impose standards for im- proving the moral tone of independent productions and advertising, and con- stitute a rejection of a recent offer of the M.P.P.D.A. for independents to avail themselves of the advertising advisory services of the new depart- ment headed by J. J. McCarthy. The standards committee which will set up new rules of self regulation for independents consists of Eddie Golden, Herman Gluckman, Charles {Continued on page 2) Free Parking Up as a Code Board Issue Whether or not free automobile parking offered to patrons of many metropolitan theatres comes under the code ban on premiums is expected to be one of the first questions requiring a ruling from local grievance boards. Numerous requests are being made by exhibitors for an interpretation covering this question, it was learned yesterday. All queries point out that the code clause covering rebates does not mention free parking specifically, while providing that admission scales shall not be lowered by "giving re- bates in the form of lotteries, prizes, reduced script books, coupons, throw- away tickets or by two-for-one ad- missions, or by other methods or de- vices of similar nature which directly {Continued on page 2) Dr. Lowell Declines By MARTIN QUIGLEY CERTAIN undesirable consequences have followed in the wake of the refusal of Dr. A. Lawrence Lowell to accept the President's invitation to serve as a government representative on the motion picture industry code authority. Because of Dr. Lowell's distinction as an educator and as a citizen his interest in and contact with the industry would have been welcomed had he seen his way clear to accept the President's invitation. The selec- tion of Dr. Lowell, however, was a puzzling one due to the fact that he professed little or no familiarity with motion pictures and the affairs of the industry. The correctness of this profession is attested to in the announced reasons for his refusal to serve. Dr. Lowell's interest in the motion picture question, presumably, would have had to do with those phases of it which affect the public welfare. His objective, it is supposed, would have been to exert an influence for the betterment of the moral character of pictures. He has predicated his refusal to serve largely on the grounds that {Continued on page 2) More Majors May Restore Salary Cuts M-G-M, Loew's and Fox Expected to Act More companies are ^expected to follow the lead of United Artists in returning cuts to employes. M-G-M, Loew's and Fox are reported to have discussed the situation with the proba- bility official announcement reinstating the slashes, or part of them, will be forthcoming shortly. Last week Columbia played Santa Claus to its non-executives and dis- tributed Christmas gifts in the form of a bonus. United Artists was the last to insti- tute the cuts and now is the first to return them. More than 600 workers throughout the country will receive part and whole pay cuts this Friday, which is pay day, and the first under the new order of things. Former Pathe Men In Liquor Concern A large bloc of the former Pathe executive organization headed by Joseph P. Kennedy is now operating the liquor importing and distributing company known as Somerset Impor- ters, Ltd., at 230 Park Ave. Reliable reports have Kennedy as the "silent" controlling factor in the enterprise, although this was denied by the Somerset offices. E. J. O'Leary, former general sales manager of Pathe, is president of Somerset ; Thomas Delehanty, former {Continued on page 2) Censoring of Stills No Worry, Say Some Holly woou, Jan. 1. — Local repre- sentatives of fan magazines handling leg art and off-color stills say they are in no way alarmed over the Hays edict to eliminate that type of mate- rial. Some take the order very non- chalantly, declaring that the home offices of their publications have enough leg art in their files to keep the magazines filled for more than a year. New Fox Met Plan Looked for Feb, 18 Reorganization plans for Fox Met- ropolitan Playhouses are expected to be completed by Feb. 18, the date on which the present six months' receiv- ership term expires. If the plans are {Continued on page 2) MOTION PICTURE DAILY Tuesday, January 2, 1934 MOTION PICTURE DAILY (Registered U. S. Patent Office) Vol. 35 January 2, 1934 No. 1 Martin Quigley Editor-in-Chief and Publisher MAURICE KANN >|£j 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. Clifford, manager; LoiMon Bureau: 1021 A Finchley Road, Golders Green, Bernard Charman, Representative; Berlin Bureau: Berlin-Tem- pelhof, Kaiserin-Augustastrasse 28, Joachim K. Rutenberg. Representative; Paris Bu- reau: 19, Rue de la Cour-des-Noues, Pierre Autre, Representative; Rome Bureau: Viale Gorizia, Vittorio Malpassuti, Representative; Sydney Bureau: 102 Sussex Street, Cliff Holt, Representative; Mexico City Bureau: Apartado 269, James Lockhart, Representa- tive; Glasgow Bureau: 86 Dundrennan Road. G. Holmes, Representative; Budapest Bureau: 11 Olaaz Fasor 17, Endre Hevesi, Representative. 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. Free Parking Up As Code Board Issue {Continued from page 1) or indirectly lower or tend to lower such announced admission prices and which are unfair to competing exhib- itors or tend to deceive the public." Some code interpreters hold that the latter part of the clause would ban any and all forms of gratuities, even the serving of free coffee to patrons, while others are of the opinion that prac- tices which do not actually lower the price of admission charged by a thea- tre do not come under the code ban. Final settlement of the question is ex- pected soon. Authority Finance Problems Up Today (Continued from page 1) ity is expected to last from two to three days. Various reports of the six committees appointed by the body at the first session will be passed on during the meeting. Definite action is expected on rules of Code Authority, the secretaryship and headquarters, while others are expected to be dis- cussed and tabled for the following session, to be designated at the close of the conference. The board will meet at the Bar Ass'n. Bldg., at 2 P.M. next Thurs- day. Clearance Group Meeting S. R. Kent, Charles L. O'Reilly, George J. Schaefer, W. Ray Johnston and Nathan Yamins, the Code Author- ity committee on clearance and zoning and grievance boards, meet today to discuss a preliminary report. Dr. Lowell Declines By MARTIN QUIGLEY (Continued from page 1) the continuance of the practice of block-booking would have rendered futile any efforts which he might have put forth. In assuming this attitude, Dr. Lowell adds weight to our initial conclusion relative to his selection for the code authority which was that he did not know enough about the subject matter to be of any definite use to the public or to the industry. Dr. Lowell would have block-booking eliminated so that the exhibitor would be called upon to assume full responsibility for the character of the pictures shown. In other words, he would transfer full respon- sibility for the character of the product from a handful of the principal producing executives to the many thousands of exhibitors located in cities and towns throughout the land. He would drop the principle of eliminating the evil at the source and resort to an effort to have the necessary regulation effected at the many thousands of individual out lets to the public. Had Dr. Lowell, at any point, given his customary thought and study to the question we are sure he would have reached a different conclusion ▲ TT IS, of course, a fact that the practice of block-booking involves *■ certain arresting problems. In the industry there is one school of thought entirely against it and another which is entirely for it. But in no correct sense is it a question which should have commanded the attention which it has received from Dr. Lowell because, obviously, his principal concern is the maintenance of right moral values in motion pictures and, again obviously, the one place where this can and should be done is at the source. Any other scheme multiplies the difficulties and minimizes the chances of good results. It would be very desirable to have the exhibitor completely responsible for what he shows on his screen. In fact, there should not be at any time any interference with the exhibitor's right to conduct his theatre, in all respects, just as he sees fit, being held accountable only to his public and his public's laws. But the one certain and effective way of regulating the character of the product is to regulate it at the source which, of course, is in the studio. Dispatches from Boston report that Mrs. Frederick H. Bagley, head of the motion picture committee of the Massachusetts Civic League, has also declined appointment to the Code Authority and for the same reason advanced by Dr. Lowell. ▲ THESE declinations are unfortunate because they reflect adversely on the industry in that they have resulted in certain unfavorable publicity which only serves to confuse the public mind in that the refusals to serve are predicated on a misunderstanding of the objective to be reached and the best means with which it may be reached. A little more real knowledge of the situation would have been helpful to the public interest and would have saved the industry a criticism which is not in order. Roy Haines Returns Roy Haines, metropolitan district manager for Warners-First National, returns today from Cincinnati, his home town, where he spent the holi- days. Sam Lefkowitz, office manager of the local branch, is vacationing in Miami. G. F. Lord Joins Castle George F. Lord, advertising and sales executive, has joined the New York staff of Castle Films. Lord has been director of advertising for I. E. du Pont De Nemours & Co. of Wil- mington and advertising manager for Chevrolet. Trading Light — Eastman Up One Net High Low Close Change Consolidated Film Industries, pfd lOJi 10& 103/S — Vs Eastman Kodak 81 80§4 81 +1 Loew's Inc 28J4 28M + J4 Pathe Exchange M 1H Wi — lA Pathe Exchange "A" 11 10^ 11 — J4 RKO 2J4 2*A 2Va. Warner Bros 5*4 5 554 + % Curb Market Issues Steady Net High Low Close Change Technicolor 9 8% 9 Trans Lux 2Vt 2H ZVs Bonds Up, With Warners Leading Net High Low Close Change Keith B. F. 6s '46 5254 52 5254 +V/2 Loew's 6s '41 ww deb rights 85U 85& 8554 —1 Paramount F. L. 6s '47 3054 30 30J4 + V% Paramount Publix S'As, '50 30 30 30 Warner Bros. 6s '39 wd 4354 41J4 4354 +1H Sales 100 200 1,700 100 200 200 1,800 Sales 200 100 Sales 2 1 2 4 86 Former Pathe Men In Liquor Concern (Continued from page 1) Pathe foreign manager, is treasurer, and P. J. Scollard, former executive vice-president of Pathe, is president of Interstate Distributing Corp., an allied concern which has New Eng- land territory sales rights. Both Somerset and Interstate are reported to be affiliated with National Distillers Corp. With Scollard in the New Eng- land concern are Ed Ballantyne, for- merly in charge of Pathe exchange operations, and John MacAloon, for- mer assistant general sales manager for Pathe. Somerset is distributor of Haig & Haig and John Dewar Scotch whisky. Kennedy is reported to have completed arrangements for handling these brands with Distillers Co., Ltd., of Edinburgh, in the course of his recent European trip. Federation to Set Producing, Ad Codes (Continued from page 1) L. Glett and Harry Thomas, presi- dent of the Federation. The new executive committee of the Federation will hold its first meeting tomorrow. The finance committee meets shortly thereafter to perfect plans for perma- nent financing of the organization. One plan reported to be favored fixes dues for distributor members at $50 per year for each zone in which the member operates, and for producer members at $5 per negative reel re- lease, with a $50 minimum. Expect Federation To Name Alec Moss Alec Moss in all probability will be named permanent executive secretary of the Federation of the M. P. Indus- try by a committee comprising Jack Bellman, Edward Golden and Harry Thomas, president. Headquarters are likely to be in the RKO building in Rockefeller Center. New Fox Met. Plan Looked for Feb. 18 (Continued from page 1) not completed by that time a move will be made to continue the receiver- ship before Federal Judge Mack. Recently four houses have been turned back to owners by Simon Fabian and Irving Trust Co., co-re- ceivers. They are the Kismet, State and Sumner, Brooklyn, and the Vic- toria, Elmhurst, L. I., leaving about 95 houses in the circuit. New Chicago Union Claims 100% Lineup (Continued from page 1) Building Service Employes' Union, who is also president of the Flat Building Janitors' Union. Moran said satisfactory arrange- ments had been reached with B. & K. and other circuits, but said no progress had been made with independents. Aaron Saperstein says his houses have not been approached by union representatives. Reopen Bayonne House Reopening of the Opera House Bayonne, N. J., by Feiber & Shea is I playing havoc with theatres in that § town. Initial attraction was "The H Bowery." raster 7/ Musical Horn ma ojj Two HwifA k love Time »„a EDMUND LOWE Ann Sothern — Miriam Jordan regory Ratoff St ory and screen play by Herbert Fields M us/e and lyrics by Harold Arlen and Ted Koehler Directed by David Burton A COLUMBIA PICTURE MOTION PICTURE DAILY Tuesday, January 2, 1934 Day-by-Day Chronology of '33 Jan. 3. — Major distributors agree to orig- inal proposal of inaugurating national ap- peal board for three-year term in place of one-year trial favored by some distributors earlier. Increasing interest of Rockefeller family in industry, through Chase bank holdings, involving Fox and Loew's, in addition to RKO-Radio City association, stirs specula- tion. Jan. 4— Radio City Music Hall grosses $106,400 in first week, as compared with S. L. (Roxy) Rothafel's advance estimate of $130,000. Jan. 5. — RKO changes Music Hall pol- icy from stage shows to film and presenta- tions. Jan. 6.— Operation of Radio City Music Hall turned over to cabinet of seven headed by Harold B. Franklin. Begin trimming house's overhead. Jan. 7.— John Hertz, Chicago financier, a power in Paramount Publix for the past year, resigns chairmanship of finance com- mittee and withdraws from Paramount. Move ascribed to conflict in authority be- tween Hertz and Zukor, with Paramount bankers seen backing up latter. Jan. 9. — Adolph Zukor's assertion of au- thority in events ending in resignation of John Hertz regarded in industry as vic- tory for film executive rule as against rule by outside parties. Jan. 10. — Paramount Publix directors elect George Schaefer, Sam Dembow, Jr., and Walter B. Cokell to membership on board and appoint all three to executive committee. Jan. 11. — S. R. Kent voices opposi- tion to admission cuts by circuits, declaring Fox policy of demanding 25-cent minimum admission on its "specials." Broadway be- gins cutting scales. Moves on in other cities. Jan. 12. — M. A. Lightman, M.P.T.O.A. president, advised Universal will make new standard contract available "within month. Jan. 13.— Ranking M-G-M executives leave for coast to confer on negative costs. Paramount will offer new standard con- tract March 1. Jan. 14. — Joseph M. Schenck will end activity as producer, retaining presidency of United Artists, however, Hollywood hears. Jan. 16. — Federal re-instatement of war- time admission taxes of 10 per cent on scales from 10 cents up seen probable in Washington. Jan. 17. — Victoria Amusement Co. starts anti-trust suit against major distributors, Warners and subsidiaries in Camden, N. J., Federal court. Jan. 18.— Picketing of New York the- atres, underway for months because of rival operator union controversy, seen end- ing. Jan. 19. — Final drafts of new industry program including establishment of national appeals board as supreme court of industry for internal disputes sent to exhibitor units for study. Jan. 20. — Discussions of physical dis- tribution merger anions majors seen halted for time being by new and more pressing problems. Jan 21. — Harry Brandt believed in line for control of 7th Ave. Roxy. Court ap- proval needed. Jan. 23. — Large distributors reported con- sidering action at spring sales meets which would result in several companies fixing 20- cent minimum admission provision in con- tracts. Jan. 24. — Fox reported ready to take over Educational physical distribution. No mer- ger involved. Bancamerica-Blair Corp. linked with RKO receivership. Motion Picture Daily reveals Alfred West, receivership petition- er, is associated with banking company/. Jan. 25. — Educational-World Wide sell- ing and physical distribution to be han- dled by Fox under five-year deal. Dis- penses with Educational's sales. Publix completes decentralization of en- tire circuit, resulting in turning over 90 per cent of operating authority and duties to men in field. Jan. 26. — Fox Theatres start partial de- centralization move, with relinquishing of operation of midwest units. Lewis J. Selznick dies in Hollywood. James C. Ritter, Detroit exhibitor, elected president of Allied States, succeed- ing W. A. Steffes. Abram F. Myers con- tinues as chairman of board, general counsel. Survey reveals 5,895 theatres closed in U. S. on Jan. 1. Jan. 27. — Paramount Publix consents to equity receivership action. Adolph Zukor and Charles D. Hilles, prominent insurance man and former chairman of Republican National Committee, named receivers by Federal Judge Bondy. Paramount directors call move a "protective" one in interests of company's bondholders and creditors. Pub- lix Enterprises, theatre subsidiary, files pe- tition in bankruptcy. Jan. 28. — RKO consents to Alfred West petition for receivership. Believed friendly action in light of Motion Picture Daily's earlier disclosure West was associated with Bancamerica-Blair Corp., interested in RKO six per cent gold notes. Orpheum files petition in bankruptcy. Jan. 30. — Paramount Publix and RKO ex- ecutives see "re-birth" of companies on healthier basis, with receiverships undertak- ing reorganization of unprofitable theatre holdings. Jan. 31. — Irving Trust Co., RKO receiver and Orpheum Circuit trustee in bankruptcy, begins study of companies' tangled financial structure. I February Feb. 1. — Irving Trust, trustee in bank- ruptcy for Publix Enterprises, begins study of theatre holding company. RKO files receivership schedules showing total assets with an estimated book value of $104,000,000 and liabilities of $19,500,- 000. Feb. 2. — George Topliff named by Irving Trust Co., to direct Publix bankruptcy. Feb. 3. — First Choice Pictures completes organization. To operate on franchise plan with J. D. Williams, Earl Hudson and other former First National executives at head. David O. Selznick resigns Radio post. Feb. 4 — -No merger for Warners, Jack L. Warner says at Kansas City, en route to Hollywood. Company plans 60 for 1934. Merian C. Cooper named to succeed David O. Selznick at Radio. Feb. 6. — Publix to retain only skeleton executive staff in New York. Feb. 7. — New tax bills before state legis- latures aggregate 300 to 400 millions. Sam Katz reported seeking United Art- ists release for his planned product. Feb. 8. — Reorganization of M-G-M pro- duction believed in prospect with David O. Selznick reported an associate producer. Feb. 9. — Important banking and admin- istrative interests form RKO stockholders' protective committee. Feb. 10. — Ed Wynn tells Motion Pic ture Daily he has signed M-G-M contract; company also reported after Jack Pearl. Universal Chain Theatres Corp. consents to friendly receivership in Baltimore Federal court. Warners form 41 theatre units, incorpor ated in Pennsylvania. Home office denies decentralization move is on. Feb. 11. — M-G-M denies Irving Thai berg's place to be filled by another. Thai berg on leave due to illness. Feb. 13. — David O. Selznick was signed by M-G-M to speed up behind schedule pro duction, and will have no effect on status of Irving Thalberg, Howard Dietz, M-G-M advertising and publicity director, declares Contracts of Paramount players and ecutives to be switched from Paramount Publix, bankrupt, to Paramount Prod., Inc is report as Henry Herzbrun, company's studio attorney arrives at home office. Fox New England in equity receivership Feb. 14. — M-G--M scheduled to put new optional uniform contract in use tomorrow Feb. 15. — Major distributors, influenced by economy programs, seen favoring small regional sales meetings in place of large national confabs; $50,000 saving seen. Michigan banks close throughout state. Theatres remain open. Feb. 16. — Reports link Sam Katz with high United Artists post. Katz denies. Feb. 17. — Connecticut court authorizes foreclosure on Fox New England houses. Feb. 18. — First report of RKO receivers, published exclusively in Motion Picture 3aily, reveals company to be in liquid con- dition with assets exceeding liabilities by more than four to one. Irving Trust, con- tinued by Federal court as RKO receivers. Feb. 20. — Resignation of Edwin Loeb as studio abritrator under producer's pact de- signed to end star and talent "raids," seen as indication of pact's failure to work. Feb. 21 — Skouras freres begin decentral- zation of Fox Theatres; national circuit to be operated from five focal cities. Feb. 23. — Delayed sales conventions and consequent late opening of selling season for 1933-34 product forecast exclusively by Motion Picture Daily. Feb. 24. — Reorganization of Publix En- erprizes, providing for sale of its assets to Paramount Publix, may be ready in six months. Feb. 25. — New York federal court dis- misses long-pending monopoly suit against Paramount filed by Edward Quittner. Mid- dletown, N. Y., exhibitor, who asked triple damages in excess of $5,000,000. Feb. 27. — Complications in theatre situa- tion because of bankruptcies and receiver- ships may influence Universal in delaying signing of new uniform contract. Feb. 28. — Fox West Coast circuit of 50 houses files voluntary petition in bankruptcy in Los Angeles. Charles Skouras and John Treanor made co-receivers. March 1. — Fox West Coast plans immed- diate disposal of all unprofitable houses. March 2. — Distribution executives report no unusual falling off of sales as result of theatre bankruptcies and receiverships. March 3. — Industry goes on cash basis as bank holiday situation becomes acute. Only cash or postal money orders accepted. Federal court at Chicago denies petition for receiver for Publix-B. & K. and Great States. N. L. Nathanson reported ready to come back into Paramount theatre operations. March 4. — First report of Paramount re- ceivers reveals companv in liouid position with assets of over $150,000,000 and lia- bilities of about $48,000,000. Motion Picture Daily exclusively re- veals resignation of Charles E. Richardson as Fox treasurer and his association with Chase Bank. March 6. — Leaders encouraged by "ac- tion" policv on national economic problem stressed by' President Roosevelt in inaugural address. March 7. — Distributors' credit and collec tion system reported functioning success- fully in face of national bank holiday. Cir- cuit executives report business holding up March 8. — Production executives sav studios will shut down only as "last resort.'! March 9. — Seven major companies vote salary cuts of 50 per cent on wages over $50 weekly and 25 per cent on those under $50. Warner studio players balk at cut. Some studios, short on cash, defer pay checks; others pay in part. Estimate about 35,000 persons affected by cut. March 10. — Pay cut plan extends to all MPPDA member companies. March 11. — Studio locals of I.A.T.S.E refuse to accept pay cut; ask for I.O.U.'s March 13. — M-G-M and Fox withhold new picture releases. Currency situation because of bank closings throughout country seen as reason. March 14. — Ten major distributors assure exhibitors of normal product supply during bank emergency, as aftermath of M-G-M and Fox action in shutting off releases. March 15. — Major companies revive pay cut program by exempting all salaries up to $50 weekly. Graduated scale of cuts from 25 per cent up to 50 per cent adopted for those over $50. Paramount Publix files voluntary peti- ion in bankruptcy. All studios but Fox reopen following one day shutdown. March 16. — Federal court at Boston rules unauthorized picture holdovers are violations of copyright laws as well as breaches of contract, and, therefore, may be prosecuted under Federal statutes. March 17. — M-G-M and Fox rescind ac- tion cancelling picture releases. March 18. — Adolph Zukor and Charles D. Hilles, co-receivers for Paramount Publix, continued as conservators under company's bankruptcy until April 3 when trustees will be elected. March 20. — Union labor's position on salary cut to be defined in New York meeting in few days. May result in studio shutdown. Studio crafts openly oppose cuts. March 21. — Hollywood expects 85 per cent of studio workers to accept pay cut on eve of putting slashes in effect. March 22. — Lowered morale in exchanges may result in shortening period of pay cuts for distribution branch of industry. March 23.— Major circuits agree with vaudeville acts on 25 per cent salary cut until Sept. 1. March 24. — Los Angeles theatres stage quick "come-back" after earthquake and reopening of banks. March 25. — Company heads discuss plans for ending salary cuts; said to hinge on re- turn of film receipts to pre-bank holiday levels. March 27. — Studio union leaders gather New York for discussions of wage cut actions. March 28. — Mergers of physical distribu- tion and reductions of stars' salaries needed to help industry out of financial plight, Will H. Hays says in annual report of M.P.P.D.A. members. March 29. — Leo Spitz, executive advisor in Paramount Publix affairs for past year, resigns unexpectedly, Motion Picture Daily learns exclusively. March 30. — Congressman William I. Siro- vich, of New York, asks Federal investiga- tion of industry. March 31. — Sidney R. Kent, president, says Fox will not go into receivership; plans financial reorganization of company. Events are listed in the order in which they appeared in MOTION PICTURE DAILY and not always in chronological sequence. Apr. 1. — Fox Film stockholder withdraws petition for receivership for company fol- lowing completion of Sidney Kent's plan for financial reorganization. Apr. 3. — Universal Chain Theatres Corp. disposes of its last three houses. Apr. 4. — Columbia ends 25-50 per cent salary cuts after four weeks. Other com- panies expected to follow suit soon. Producing Artists, Inc., headed by Sam Katz, is organized. Apr. 5.— Will H. Hays and eastern heads of all major companies to prepare to leave for Hollywood to discuss industry prob- lems and reconstruction with production executives, Motion Picture Daily reveals. Apr. 6. — M-G-M obtains temporary in- junction restraining State of New Mexico from enforcing its newly enacted law re- quiring distributors to offer pictures for sale to highest bidder. Distributors' petition cites law as unconstitutional and burden on interstate commerce. Hearing to make in- junction permanent scheduled for tomorrow, accofding to Motion Picture Daily's ex- clusive story. Apr. 7. — Contingent of major company- heads and Will H. Hays en route to Holly- wood, with Red Kann, Motion Picture Daily editor, the only trade paper repre- sentative aboard executives' train. Apr. 8. — Aim of industry heads is to find way to balance operating costs with grosses, Red Kann ascertains aboard train bearing major company executives to Holly- wood, as Broadway acclaims his presence on train as achievement of progressive journalism. (Continued on page 8) ^jetro -^joldivyn - flayer AN ACE ATTRACTION // "'Beloved is a running mate for 'Only Yesterday/" says Daily Variety. "Story, direc- tion, casting and individual performances all bespeak a thoughtfulness in production that most pictures lack...NOTH- ING IS MISSED TO MAKE IT ACE ENTERTAINMENT, particularly for the women." Says Hollywood Reporter: "Aimed directly at the femin- ine half of the audience and played throughout in the key of old-fashioned romance — the kind that lasts a lifetime..." * — Says Doily Variety with JOHN BOLES GLORIA STUART Morgan Farley, Ruth Hall, Albert Conti, Dorothy Peterson, Edmund Breese, Rich- ard Carle, Lucille Gleason, Mae Busch, Jimmy Butler. Story by Paul Gangelin. Presented by Carl Laemmle. A B. F. Zeidman Production Directed by VICTOR SCHERTZINGER MOTION PICTURE DAILY Tuesday, January 2, 1934 Year Was Swift and Momentous (Continued from page 4) New Mexican sales law held in abeyance until June 12, as M-G-M's temporary in- junction restraining its enforcement is ex- tended to that date. Apr. 10. — Industry leaders arrive in Hollywood with objective of establishing a new economic order in industry based on changed business conditions. Will H. Hays declares industry must balance its budget immediately. Apr. 11. — Salary cuts must be rescinded by any company which an audit of its books shows was not hurt by emergency bank holiday, coast ruling holds. Cuts upheld for other companies, but only for period during which they showed actual losses. Apr. 12. — Sympathy of industry interests in financial emergency seen influencing adoption of a new "gentlemen's agreement' among major companies involving elimina- tion of costly competitive practices. Apr. 13. — Major company heads consider setting up industry dictator on coast to control stars' salaries through organization of a United Booking Office. Apr. 14. — Major companies' heads propose five basic economy plans to reduce industry overhead, viz.: cooperative newsreel cover- age based on Associated Press plan; barter plan by which company funds tied up in foreign countries because of money em- bargoes would be released by using them to purchase foreign goods for resale here; re- duction of film footage now devoted to screen credits; establishment of central pur- chasing depot for all studios; closer study of story purchases with eye on production costs. Apr. 15. — Darryl Zanuck resigns as pro duction chief at Warners following dispute with company as to effective date of res- cinding salary cuts for studio employes. Coast conference of major executives ends with note of confidence in future. All companies but Universal decided on ending salary cuts. Plan for production dictator and United Booking Office to control star salaries abandoned. Apr. 17. — Major companies agree in Hollywood to pool process patents and stories and cooperate further on loans of talent and studio properties to effect econo mies. Artists' Service Bureau to be or ganized, with Jason Joy in charge, to be "clearing house" for talent. Opposition to it voiced in Hollywood. Apr. 18— Paramount Publix creditors elect Charles D. Hilles, Louis J. Horowitz and Eugene W. Leake trustees in bank ruptcy of company. Apr. 19. — Important Hollywood talent voices for independent production. Apr. 20. — M-G-M negative costs expected to be fixed by New York under plan worked out by President Nicholas M. Schenck and broached to Louis B. Mayer. Darryl Zanuck associates with Joseph M. Schenck in new producing company which will release through United Artists. Apr. 21.- — Independent companies inter ested in physical distribution merger similar to that studied by major companies and cal- culated to save independents $1,000,000 an nually. Apr. 22— Academy of M. P. Arts & Sciences nears open break with major studios following Conrad Nagel's resigna- tion from presidency. Apr. 24. — Possible savings to studios of $6,000,000 annually seen through operations of Artists' Service Bureau. Apr. 25. — Monogram to double budget, W. Ray Johnston tells convention. Apr. 26.— Will H. Hays' influence ex- tended to enforce production code of ethics more effectively. At>r. 27. — Motion Picture Daily learns no foundation exists for reports Will H. Hays will be replaced. Apr. 28. — Plans to gauge story values before approving buys seen resulting in pro- duction economies and cleaner pictures. Apr. 29. — Academy plans reorganization with producer representation limited to those not empowered to make contracts with talent. May 2. — Highly competitive sales season seen with possible increase of field sales forces as result of return of 1,900 decen- tralized theatre accounts to field territory. R. A. Rowland resigns vice-presidency of Fox. May 3. — New season rentals may be higher as result of probable increase in dis tribution costs. Paramount' s operating costs to be paid out of distribution revenue only; develop- ment seen increasing authority of George J Schaefer. general sales manager. May 4. — Major distributors agree to hold no sales conventions this season prior to an approximate July 1 deadline, Motion Pic- ture Daily learns exclusively. May 5. — President Roosevelt's plan for government of industry through trade as- sociation agreements, involving three-year suspension of anti-trust laws, exclusively interpreted by Motion Picture Daily as having far-reaching effect for film indus- try if President's plans are approved by Congress. . . All companies revise sales convention dates following agreement of distributors to hold no meets prior to July 1 ciate. May 6.— Paramount will make no bank loans during 1934. To operate solely out of distribution revenue, May 8. — Flood of bills introduced in 47 state legislatures affecting film industry seen subsiding with minimum of adverse legisla- tion having been enacted. May 9. — William Morris Agency reported ready to enter theatre operation to fore- stall further cuts of vaudeville and pre- sentation acts' salaries. Bankruptcy examination of raramouut Publix officers begins with Ralph Kohn, former treasurer, testifying theatre losses hastened company's financial difficulties. May 10.— Final plans for industrial re covery go to President with provisions for Federal board to oversee trade agreements, designed to end cut-throat competition, re- store wages and increase employment. May 11. — Increased production of shorts seen resulting from curtailment of double featuring throughout country. May 12. — Pooling of available story ma terial by major studios not having bad ef- feet on original or new story market. May 13.— Sirovich bill for investigation of industry defeated in House May 15.— Circuits see no summer film shortage but some are apprehensive over drawing power. May 16. — Expect agreement on tariff truce at London economic conference. Paramount Publix trustees in bankruptcy file action to have company's $13,200,000 credit transaction of March, 1932, set aside as preferential to 12 participating banks. U. S. Circuit Court of Appeals at New York gives old Roxy exclusive right to use of name. May 17. — Circuits considering vaudeville acts to bolster summer programs feared weakened by poor films. , Opposition to German Nazi regime abroad creating increased demand for American product to supplant German pictures, May 18.— Federal licensing of industry to replace operation of anti-trust laws under President Roosevelt's industrial control plans. May 19. — Cooperation of all industry ele ments to draft code of trade practice, wage scales and inter-company relations, seen re- quired under President Roosevelt s plans. Charles E. Richardson, treasurer of f ox Film and former head of Film Securities Corp.. slated to succeed Louis J. Horwitz as trustee in bankruptcy for Paramount Publix, Motion Picture Daily learns. May 20.— Charles E. Richardson elected Paramount Publix trustee in bankruptcy. May 21. — Major distributors consider second postponement of sales conventions. May 27. — S. A. Lynch, former head of Southern Enterprises, returns to activity in charge of Paramount Publix theatres. May 29. — Paramount seem aiming at re- tention of large national circuit control in appointing S. A. Lynch on reorganization. May 31. — Film industry draws plans for participating of all its trade organizations in drafting a code under Federal industry control. Motion Picture Daily learns ex- clusively. Legislation making President s plan a law, now before Senate. May 1. — Distributors studying proposal for contracting with exhibitors for fixed amount of playing time rather than for rental of specific pictures. June 1. — N. L. Nathanson elected presi dent Famous Players Canadian Corp., sue ceeding Adolph Zukor. Loew washing up exclusives. Policy ends in six cities when grosses fail to hold. June 2.— Annual loss of $10,000,000 suf fered by distributors through infringement of copyright law by illegal showing of films. June 3. — Warner business rising out of depression, according to npancial statement reporting loss of $3,442,325 for 26 weeks ending Feb. 25, 1933, as compared with net loss of $5,267,699 for year before June 5. — Action on Artists' Service Bu- reau to await enactment of Administration Industry Control Bill June 6. — Court ruling increases A. H. Blank's holdings in Omaha territory June 7. — M.P.T.O.A. heads conferring or organization's participation in code. June 8. — Will Hays calls for general meeting of all branches of industry to dis cuss preliminarv code plans June 9. — George W. Trendle starts deal to regain control of Publix houses ip De- troit June 10. — American showmen want fewer and better shorts. Motion Picture Daily survey shows. Decline of double features increases short subject production for 1933-1934 by 50% June 12. — United Artists to double out put for 1933-1934; plans 35 to 40 June 13. — N. L. Nathanson, new presi dent Famous Players Canadian, aims to re open every dark house in the chain. June 14. — Industry Control Bill passed by Congress to put "new deal" in effect- General Hugh S. Johnson to be named ad- ministrator. M.P.T.O.A. completes first draft of pro posed industry code. Federal Court voids New Mexico law controlling film sales. June 15.— Production and distribution codes to be drawn up in New York. June 16. — Chatfeld circuit enters field by securing houses in Ohio and West Virginia June 17. — President Roosevelt signs In dustrial Recovery Act June 19. — Recovery Act may reopen 4,000 houses throughout country. June 20. — Battle looms on coast over agents' code. New uniform exhibition contract may be come part of distribution code. June 21.— Codes would localize wide ad- justment powers. First draft of distribution and exhibi tion codes made public June 22. — Industry prepares to tackle production code. Hays leaves for coast. E. R. Tinker quits Fox for post with Fox West Coast. July 1.— Academy of M. P. Arts and Sciences asks code rule on talent loans. July 3. — Skies clearing for Fox, Sidney Kent tells sales convention. July 5.— Gross in keys $49,699,734 in 39 weeks ending June 23-24, Motion Picture Daily figures reveal. July 6. — Exhibitor sentiment against dual billing increasing throughout country, Mo- tion Picture Herald survey shows. July 7. — Will Hays sounding out studios on code preparatory to general meeting on matter. July 8. — Producers vote to go along with reorganization of Academy. July 10. — Monogram to sell first run off Broadway. , . . Code must set up wage basis and mini- mum working time. July 12. — Film unions may be included in government inquiry into racketeering. Frank C. Walker, vice-president of Com- erford Theatres, named executive secretary of the Recovery Council by President. July 13. — Representatives of independent distributing organizations lay plans for agreements on working hours and basic wage scale. July 14. — Paramount Publix partners as- semble in New York to get status cleared. July 15. — Thirty-six-hour week set by M. P.T.O.A. at meeting in Chicago. July 17. — Text of new exhibition code released by M. P. T. O. A. Thirty cents per hour set as minimum, with lowest thea- tre wage $10.80 weekly. July 18. — James R. Grainger goes to Uni- versal as general sales manager, succeeding L. J. Schlaifer. May 23. — Negotiations between major studios and "Big Four" labor unions for new basic studio agreement end in dead- lock as studios refuse to recognize I. A.T.Ss. E. demand for inclusion of film editors and cutters in their ranks. May 24. — President Roosevelt's industrial control bill scheduled to go to House for consideration tomorrow. ... M. A. Lightman, M.P.T.O.A. president, will "swap" iobs with Ed KuykendaJL Tri- States M.P.T.O. president. May 25.— Elimination of RKO Roxy as a first run eases Broadway picture supply. May 26. — George J. Schaefer made gen- eral manager of Paramount Publix and subsidiaries. .Seen killing report N. L. Na- thanson will join June 23. — Independents ask ban on pro ducer-exhibitor affiliations in code. Agree- ment on codes looked for in a hurry. June 24. — Paramount plans to release 60 to 65 during 1933-1934. June 26. — Majors to concentrate on names instead of titles in 1933-1934 sales activi- ties as annual conventions get under way. June 27. — Paramount will release 65 dur- ing 1933-1934. June 28.— Twentieth Century denies talent raids, revealing itself for open market June 29. — Announcements by major com- panies reveal musicals set for big comeback. June 30. — Fox production to reach new high, with 54 announced for 1933-1934. Policy of exclusive sales dropped by M.- G-M and United Artists after year s trial. July 19. — George W. Trendle gets Publix in Detroit. July 20. — J. R. McDonough named gen- eral manager of RKO. July 21. — Fox financing plan expected to go through. July 22. — Fox stockholders vote new fi- nancing plan calling for reduction of com- mon stock to one-sixth of that outstanding and cut of corporation's capital to $2,- 104.633. July 24. — New England lining up solid against dual ban. Frowns on proposal con- tained in M.P.T.O.A. code. Stockholders complete Fox refinancing plan with approval of new issue to care for $38,000,000 debt. July 25. — All I.A.T.S.E. unions order general tieup of studios. July 26. — "White collar" workers to get 40-hour week in compliance with Presi- dent's voluntary employer agreements. Colvin W. Brown, vice-president and general manager of Quigley Publishing Co., named assistant to Frank C. Walker, exe- cutive secretary of Recovery Council. Sol A. Rosenblatt. Hew York lawyer, named by General Hugh S. Johnson to hear all amusement codes. Studio strike fails to hold up production. July 27 — Warners send up pay under blanket code. July 28. — I.A.T.S.E. making national move to influence code, questioning 700 locals on hours and wages. July 29. — Arbiters may be called in studio strike. In , , M P. Laboratory Ass'n. sets 40-hour week and $15 wage minimum under blanket code. July 31.— Academy of. M. P. Arts and Sciences asks mediation in studio strike. Aua. 1. — Strike no bar to studios as unions still hold out. Aug. 2. — Warners ban sales to every code holdout, a plan aimed at theatres not pledging support to NIRA. Distribution code form is put into shape, ready for co- ordination with exhibitors. (Continued on page 9) Tuesday, January 2, 1934 MOTION. PICTURE DAILY Code Emerged as the Major Event (Continued from page 8) Aug. 3. — Sol A. Rosenblatt calls parley on code. Asks film leaders to meet in New York and calls for a single draft. M.P.T. OA. to cooperate on code, says Ed Kuyken- dall. Aug. 4. — Trade groups center moves on one code and take up choice of men to meet Rosenblatt. Laboratories' code ends film finance. M.P.T.O.A. and M.P.P.D.A. codes nearly set. Aug. 5. — Independents, majors settle most of code; disagree only on dual billing op- position. Skouras joins Loew, Warner, Paramount and RKO in adopting NRA code for the circuit. Aug. 7. — Single code for hearing is NRA plan; M.P.P.D.A. draft believed intended as basis. Aug. 8— NRA to seek end of West Coast strike; arbitration within scope of new labor board. Carl Laemmle says code must protect all. Independents outside code, states Abram F. Myers on eve of New York conference called by Rosenblatt. Look for 50 leaders at talk with Rosenblatt. Aug. 9. — Code by next week is demanded by Rosenblatt; S. R. Kent, C. L. O'Reillv chosen to coordinate all present drafts. Square deal is pledged to all via code, Rosenblatt states at New York meet. Aug. 10. — Conferees agree on 12 code terms. Studio strike to go before Federal board. Aug. 11. — Three code coordinating units speed agreements; open buying, clearance terms settled for exhibition. Code drafts reach joint conferences, headed by Kent and O'Reilly. Aug. 12. — Production code ready today. 6tates S. R. Kent; exhibitor and distributor groups hold joint session at Bar Ass'n. Bldg. Aug. 14. — Complete codes by Tuesday night, goal set by S. R. Kent; few clauses to be left for Washington O. K. is predic- tion. Formal draft of production code is begun by drafting committee. Aug. 15. — Distribution-exhibition code co- ordination begun; former is finished while latter still has sections in dispute. Irving Thalberg stays at M-G-M; to head his own unit on elastic schedule. Aug. 16. — Completion of code not expect- ed until Aug. 17 as coordination problems force conferees to night session. Aug. 17. — Industry code by tonight is aim of Charles L. O'Reilly; theatre draft drawn; still coordinating. Aug. 18. — Patience gone, code by tonight is ultimatum; unfinished business goes to Washington, coordinators say. Aug. 19. — Deadline set back, up at noon; code "90" per cent agreed. "In principle" clauses adopted; week end for drafting text. Aug. 21. — Code nears completion; at odds on big issues. Exhibition committee dis- bands; drafting continues over week-end; controversial points end at an impasse. In- dependents to fight dual bans in code. Aug. 22. — NRA demands code draft by midnight; frame clauses at late session in New York to comply with Deputy Adminis- trator Rosenblatt's order. Fight looms on anti-raid code proviso. Universal. Warners and Columbia understood opposed, while Paramount and M-G-M seen for it. Aug. 23. — Code incomplete; goes to Rosen- blatt this morning. Administrator to get two drafts joined by one preamble. Writers form one code for NRA hearings. RKO to keep "O": Orpheum revival seen. Aug. 24. — Two codes go to NRA; coor- dination planned. Producers and distribu- tors deliver one, theatres form one of their own. Sept. 12 set as public hearing date. Laboratories' code is filed with NRA. Sets $15 as minimum salary and 40 hours maximum working hours. Studio strike is ended by NRA Labor Board. Turisdictional right between LA T S.E. and I.B.E.W. left to A. F. of L. Aug. 25. — Open market buys are major code aim. C. L. O'Reilly for it in the thea- tre code. Ed Kuykendall seeking unity for M.P.T.O.A.-Allied. This is purpose of meeting called by the M.P.T.O.A. president in Chicago Rosenblatt may seek to merge codes as he starts studying clauses in both drafts. Distributors for right of selectivity as fight is expected over "right to buy" in exhibition code. Chicago ban on combines starts fight; Aaron Saperstein asks Federal probe. Aug. 26. — Hearings on code in Wash- ington may cover three or four days; big turnout expected on Sept. 12. Chicago meet- ing proves a phantom; there wasn't any. Al- lied and M.P.T.O.A. fail to meet on unity on code. Better times with a code, seen by Will H. Hays. Aug. 28. — NRA holding key to issue on combines exhibitor buying. Aug. 29. — Coordination of two code drafts under way by Sol. A. Rosenblatt. Milton Feld and David Chatkin form Monarch Theatres. Aug. 30. — Major circuits prepare to in- crease admission; RKO and Warners set. Aug. 31. — Two new unions to buck Local 306; invasion on heels of operator local's absorption of Empire State union in N. Y. September Sept. 1. — Educational resumes production after three-months' shutdown, ending rumors studio would not reopen. Sept. 2. — Final laboratories' code results in 15 per cent increase in employment and 1 2 per cent increase in wages. Sept. 5.— M.P.T.O.A.. I.T.O.A. and Al- lied States plan individual meetings in Washington Sept 10 to consider tentative code draft. Sept. 6. — Independent exhibitors express fear thev will not be properly represented in code hearings. Hollywood labor strike nears end. Sept. 7. — Nazis reported seekine theatres here as outlets for propaganda. Sept. 8. — Paramount Publix paid bonuses of $2,250,000 to five ranking executives dur- ing 1929. Ralph A. Kohn. former treasurer, testifies at bankruptcy hearing. Sept. 9. — Industry descends on Washing- ton for public hearings on code, opening Sept. 12. Deputy Administrator Rosenblatt deluged with petitions for hearings. Sept. 11. — Allied attempts last-minute or- ganizing of independent exhibitors on code. Sept. 12. — Hearings on code open in Washington with struggle for individual rights anticipated from inter-industry rep- resentatives. M.P.T.O.A. directors arrive at agreement on code draft. List of speak- ers for hearings reaches 208. Dr. Tulius Klein, former Assistant Sec- retary of Commerce in the Hoover cabinet, shapes plans for reorganization of Para- mount Publix. Sept. 13. — No "open shop" to prevail under code, first day of public hearings re- veals. All groups have spokesmen cham- pioning their views. I.A.T.S.E. asks op- erator for every projection machine. Chorus Equity describes chorus girls' 86-hour weeks at $25 in presentation houses. Frank Gill- more, Actors' Equity president, calls Acade- my "company union." Sept. 14. — Code labor committees adjourn for "closed door" discussions. M.P.T.O.A. outlines 12 major points sought in code. Allied stresses inclusion in code of "right to buy" clause. A. F. of L. approves double features. Independent exhibitor charges at hearings master sales contracts stifle independents. Code Authority mem- bership up for discussion before Deputy Rosenblatt. Paramount expected to retain large na- tional circuit of 500 to 600 houses. Sept. 15. — Industry accord on code pre- dicted as public hearings end. Sidney R. Kent asks "safeguards" for large companies who will bear "brunt" of code cost. Deputy Rosenblatt in dark over definitions of "right to buy," asks details. Universal and Co- lumbia take stand with independents in favor of double feature freedom. Sept. 16. — Code labor negotiations strike snag as labor representatives remain adamant on demands; Deputy Rosenblatt seeks solu- tion. Reports indicate 44-hour week for theatre labor. Southeastern exhibitors to seek lower wage scales than code stand- ard. Kent predicts shortened hours will cost studios $2,700,000 to $3,000,000 annually. Sept. 18. — Leaders adjourn code sessions unexpectedly to return to New York avowed- ly to obtain approval of directors and stock- holders for concessions called for in code. Motion Picture Daily learns new. drastic instructions on code content from high Ad- ministration authority caused adjournment. Code expected to include standard license agreement. Sept. 19.— Code will ban forcing film con- tracts by distributors through threats. Ex- hibition section of code making rapid ad- vances. Deputy Rosenblatt confers at White House, but denies mission concerned film code. M.P.P.D.A. members reconvene. Sept. 20. — Motion Picture Daily learns exclusively Administration's code plans for including measures to curb high salaries of both stars and executives caused Washing- ton adjournment and came as complete sur- prise to industry leaders. Deputy Rosen- blatt indicates parts of code may be made retroactive. Sept. 21. — Motion Picture Daily learns exclusively major companies may ask gov- ernment to guarantee costs in event inde- pendent factions' demands are met. Mo- tion Picture Daily exclusively reveals re- ports White House is directly interested in new provisions for inclusion in code. Sept. 22. — Precedent for government safeguard against overburdening industry with code costs viewed as having been estab- lished in oil industry and retail codes. In- dustry leaders begin return to Washington. Sept. 23. — Code confabs resume in Wash- ington with right to buy, double featuring, block booking and score charges scheduled for immediate discussion. Sime Silverman, publisher of Variety, dies at Los Angeles. Sept. 25. — Motion Picture Daily re- veals scope of powers for local boards under industry code. Washington confabs in high gear with double featuring, a major issue, designed to remain as is. Sept. 26. — Deputy Rosenblatt seen pre- pared to complete writing of code himself as second conferences near close. Dis- tributors favor complete power for local clearance and zoning boards. Theatres ask for 44-hour week for operators. Exhibitors claim increased labor costs will aggregate $9,000,000 annually and puzzle over where money is coming from. "Right to buy" arguments get tangled. Sept. 27. — Reports current in Washington that Deputy Rosenblatt may insist on right to buy and salary cut provisions in code, unverified. Overseating may be regulated under code, report. Spokesmen for Acad- emy ask guarantee in code on open market bidding for stars' services. Exhibition, labor leaders get "hot" in code labor discussions. Sept. 28. — First completed code draft to be ready Oct. 2. Washington hears. New independent exhibitor organization sought by Washington conferees regarded as "dead." Salary cuts of Paramount executives dur- ing 1932 revealed by Ralph A. Kohn. Sept. 29. — Deputy Rosenblatt denies code contemplates star salary cut provisions; de- scribes reports as "ridiculous." Sept. 30. — Distributors take stand "right to sell" to whom they please is theirs, an- swering "right to buy" arguments. October Oct. 2 — Code talks delay new contract form. Revision considered certain. Oct. 3. — Production in the east zooming to a new high, Motion Picture Daily survey indicates. Revival move marked by greatest effort in four years. Oct. 4. — Cutting down of "nuisance" taxes planned at next session of Congress. Code reported complete and Code Au- thority set. Code attempts likened to delay in drawing up oil industry compact. NRA rejects supply code. Oct 5. — Right to buy, scores, duals out of code. No reference to big points, in- cluding_ block booking, stuns exhibitors. Code Authority vested with unlimited powers. Commission to fix star salaries expected. Oct. 6. — Split develops in code parley, with independents opposing majors. Oct. 7. — Balance of power shifted on zone board membership. Oct. 9. — White House reported insisting on $2,000-a-week maximum salary. Oct% 10. — Salary-fixing believed shunted into siding as legal snags loom. Prediction made_ actors will stage walkout if any ef- fort is made to set limits earning power. Fight on Paramount receivership ends. Oct. 11. — Salary-fixing idea dropped from code, declared to be "85 per cent O.K." Agents restricted. Allied's anti-code fight by wire irks Rosenblatt. 1 2-— Harold B. Franklin quits as RKO theatre head. Oct. 13. — Split within Hays ranks on three code issues: duals, shorts tie-in, salary con- trol, averted when argument is sidetracked. Salary control threat worrying majors. Coast talent bitter over Clauses 9 and 10 in code. Talk heard of "passive resistance" to ob- tain desired ends. Code Authority reduced to 10 film men and three government. Oct. 14. — Penalties up to $10,000 are pro- posed to check payment of huge salaries. Administrator Johnson hits high salaries, calling them "grotesque." Talk of talent strike discounted by Academy as "extreme." Paramount Detroit houses go to George Trendle as a manager. Oct. 16. — No legal bar to fines for pro- ducers is seen by Rosenblatt. Fear super- combination, independents reveal in code analysis, claiming abuses are not corrected. Oct. 17. — Pending code points prove troublesome, with many chatjges coming, according to Rosenblatt. Oct. 18.— Code on last stretch, with third draft looking like final one. Agency con- trol shifted and many points clarified. Oct. 19. — J. R. McDonough named to posts in RKO subsidiaries left open by H. B. Franklin's resignation. Oct. 20. — Code delayed for more confer- ences with dissatisfied independents. Oct. 21. — Plans for reorganizing Para- mount coming soon. Oct. 23. — J. R. McDonough's powers at RKO increased, with major film problems now going to him. Oct. 24. — Charge made to government that wired protests to code were faked. Justice department studying. Oct. 25. — Consumers' Advisory Board passes code. Rosenblatt set to submit pact to government. Independents decide at Al- lied meeting in Chicago to take code dis- pute to President. Sale of Loew stock set for Nov. 27. Stock comprises 600,900 shares of former Fox holdings in company. Oct. 26. — President's pen reported poised over code. Oct. 27. — Hundred per cent budget boost approved by Monogram franchise holders. Oct. 28. — Code signing again delayed, rroposal to levy fines on producers paving big salaries may go. General Johnson gets code for study. Adolph Zukor testifies at creditors' meet- ing, revealing friction in Paramount. Major L. N. Thompson placed in charge of RKO theatres. N. J. Blumberg named general manager. Oct. 30. — Code benefits to be applied on contracts. Cancellation not to be withheld. Oct. 31.— Rosenblatt hits "selfish theatre men at meeting of Southern Theatre Own- f.rs • "^ss'n in Atlanta. Academy appeals for fair trial for code. November Nov. 1.— Hugh S. Johnson in session with Allied on code objections. Deputy Ad- ministrator Rosenblatt attacks "agitators and false prophets" in Atlanta. Nov. 2. — Code delay likely as Hugh S. Johnson turns it over to Col. W. Robert Lea prior to departure for west. Figure $5,000,000 cut in RKO loss, Irving Trust, as receiver, reports to court for eight months ending Aug. 31. Nov. 3.— Publicity believed Federal salary weapon; Trade Commission data may be turned over to stockholders. Mays association signs code, but Ass'n of M P. Producers in Hollywood holds back because of objections on Article V. Nov. 4. — White House awaits code today. Independents expected to accept code as unaffiliated factions appear reconciled to present form. Nov. 6.— Code details to White House early this week; salary penalty clause vexatious. Administrator Johnson clears Deputy Rosenblatt of charges against his handling of the code. Right to buy is in the code, states Charles L. O'Reilly, who so_ interprets Part 2, Section 5, dealing with grievance boards. Loew-Poli deal thought near agreement as court approval awaits three-year manage- ment deal. Nov. 8.— Further halt in code as Col. Lea seeks data; lacks conviction over "cer- tain clauses." Nov. 9.— Code may go to President on vacation at Warm Springs Academy's future weighed as Lester Cowan and Major Nathan Levinson resign. Nov .10.— Code shelved until Adminis- trator Johnson returns from western trip Allied fight on code seen breaking up as some units appear reconciled. {Continued on page 12) JAN. 6 — Paramount and exhibitors celebrate New Year with record-break- ing business on "Farewell -to -Arms". JAN. 25 — Baby Le Roy signs^ contract with Paramount. FEB. 10 — Marx Brothers challenge Eli Culbertson to bridge tournament. "Sign of the Cross" reported to be breaking records throughout country. MARCH 4 — Roosevelt inaugurated. Paramount Newsreel scores clean beat on pictures showing inauguration. MARCH 9— -MAE WEST in i "She' Done Him Wrong" sets all time record run on Broadway at Paramount Theatre. MARCH 23— Design for Living, Noel Coward's sensational Broadway hit purchased by Paramount. APRIL 7 — Paramount world-wide "Search for Beauty" contest starts in 8 English-speaking countries. Search for thirty perfect young men and women to be given^ opportunity in Hollywood. MAY 17 — Bing Crosby signs new contract with Paramount. JUNE 16 — Paramount's "College Humor sets new highs in summer attendance in houses all over the country. Li JaL PARAMOUNT PICTURE A PARAMO U»T PICTURE JULY 19 — "Song of Songs" opens at Criterion Theatre, New York, inaugu- rating new entertainment season. AUG. 21— Loony Ross, radio star of Maxwell House Hour, signs contract with Paramount. SEPT. 6 — Ethel Merman, stage and radio star, signs contract to appear with Bing Crosby in a Para- mount musical picture, "We're Not Dressing". OTION ICTURE IGH LIGHTS OCT. 12— Mae West smashes house records all over the country in "I'm No Angel". NOV. 28— Claudette Colbert signs new contract with Paramount. Immediately cast for "Cleopatra" by Cecil B. DeMille. OCT. 6 — Paramount pur- chases big musical success/ Earl Carroll's "Murder at the Vanities". f933 vr*A a 1 PARAMOUNT YEAR t ' t h DEC. 29 — National release date* "Design for Living". Women of j country get new ideas on love. curuAAt best show in t n \a/ n .'*»-- 12 MOTION PICTURE DAILY Tuesday, January 2, 1934 Headlines Spotlight Highlights (.Continued from page 9) Nov. 11. — Code again delayed by cut in wage classification; Johnson order re- stricting their number to four revealed as stumbling block. Harley L. Clarke discusses stock deals of General Theatres Equipment before Sen- ate investigating committee. Nov. 13. — Warners report net loss for year of $6,291,748, representing reduction of 55 per cent from preceding year's loss of $14,095,054. Nov. 14. — Prohibition repeal will create new jobs and increase purchasing power of nation, say industry observers who believe theatre business will be aided thereby. Others hold no noticeable effects will result. Nov. 15. — Motion Picture Daily learns code provisions covering secret talent ne- gotiations may be suspended. Nov. 16. — Hitlerite censorship results in disappearance from American newsreels of German clips. Nov. 17. — M.P.T.O.A. code analysis sees all but three of organization's 37 original proposals included in final draft. Emil E. Shauer, vice president of Para- mount International, dies suddenly. Harley L. Clarke, former head of Gen- eral Theatres Equipment, tells Senate stock investigation committee, of $38,285,000 "mark up" of stock of theatre equipment companies acquired by G. T. E. in 1929. Nov. 18. — Administrator Johnson is "not satisfied yet" with code but offers no rea- sons. Nov. 20. — Joseph M. Schenck describes code as "only temporary." Nov. 21.— Report I.A.T.S.E. putting curb on local unions. Move said to be backed by A. F. of L. to end theatre violence. President to receive code next Friday. Nov. 22. — Administrator Johnson an- nounces code is now in form he wants. U. S. Senate investigating committee delves into affairs of Fox Film. Nov. 23. — Deputy NRA Administrator says at Milwaukee code is creating 25,000 new jobs. Nov. 24. — William Fox, testifying before Senate committee, says he appealed to President Hoover and Louis B. Mayer to help him retain control of his company. Income tax refund of $7,276,394 to Para- mount announced in Washington. Nov. 25. — Labor's help looked for by Kuykendall. who predicts union peace as result of code. Col. W. Robert Lea chosen to head new Code Authority committee. William Fox, testifying before the Senate investigating committee, charges $15,000,000 •disappeared." Nov. 27. — Signing of code by President expected momentarily as Adminstrator Johnson remains at Warm Springs. Nov. 28. — President Roosevelt signs code; names Marie Dressier, Eddie Cantor and Dr. A. Lawrence Lowell to Code Au- thority as government appointees. Other members of code authority not made pub- lic. President's Executive Order accom- panying code exempts writers and drama- tists from salary provisions for 90-day per- iod, during which operation of code is be- ing observed. President asks full report on excessive salaries and unfair trade prac- tices within 90 days. John D. Hertz, former chairman of Para- mount Publix finance committee, contends he saved company $23,000,000 in operating costs by economies in his regime, as bank- ruptcy testimony continues before Federal referee. Harley L. Clarke testifies at Washington G. T. E. paid dividend of $4,000,000 at time when company had deficit of $5,500,- 000. Nov. 29. — Motion Picture Daily obtains exclusive official announcement of Code Au- thority membership from Administrator Johnson at Atlanta, Ga. Board consists of H. M. Warner, Nicholas M. Schenck, Sid- ney R. Kent, George J. Schaefer, Merlin H. Aylesworth, R. H. Cochrane, W. Ray Johnston, Ed Kuykendall, Charles L, O'Reilly and Nathan Yamins, in addition to Presidential appointees named earlier. Two additional government representatives yet to be named. Code becomes effective Dec. 7. December Dec. 1. — Final code made public at Wash- ington shows only insignificant changes made in third draft. Motion Picture Daily points out exclusively drastic sig- nificance of President's Executive Order ac- companying code, revealing "it trims the powers of the code authority" to extent sufficient to transfer from it to the Adminis- trator title of "supreme court of the in- dustry." Suspension by Order of talent "raid" provisions (Article 5) seen influ- enced by visits of Joseph M. Schenck and Eddie Cantor to Warm Springs. Suspension of penalty for payment of excessive sal- aries believed resulting from Attorney Gen- eral's opinion holding provision unenforce- able. Motion Picture Daily points out Marie Dressier and Eddie Cantor will vote only when Code Authority takes up talent problems, and that Dr. Lpwell, as govern- ment representative, will have no vote. Dec. 2.— First meeting of Code Authority expected at early date to organize and name 32 local boards. Dec. 4. — Ten per cent cancellation priv- ilege offered under code to apply on old contracts. Existing clearance and zoning schedules for 1933-34 product not to be affected by local boards set up under code. Dec. 5. — Industry leaders voice objec- tion to Executive Order at M.P.P.D.A. meeting. Code Authority may hold first meeting in New York in next few days. Twelve creditor banks had exclusive claim to $6,000,000 uncompleted negatives of Para- mount Publix, John Hertz testifies. Dec. 6.— Industry self-control imperilled under code, asserts Martin Quigley. M.P.P.D.A. move to protest code fails to stir NRA officials. Dec. 7. — Code becomes law at 12:01 A.M. Last-minute attempt of producers to win delay meets with failure. Leaders plan to see President. Dec. 8.— Industry leaders discuss code at White House today; to tell President of objections to Executive Order. Deputy Administrator Sol A. Rosenblatt denounces criticism of code before it has been given a trial at meeting of Philadelphia exhibitors. Dec. 9. — Executive Order expected to stand pending trial following conference between industry leaders and President. Famous Theatres Corp. makes bid of $1,800,000 for Publix Enterprises. Dec. 11. — Self-regulation of industry as- sured. Industry leaders announce accept- ance of code after White House conference. Executive Order stands with interpreta- tions. Dec. 12. — Warners retain control of Warner Brothers with re-election of all directors at annual election at Wilmington. Dec. 13. — Rosenblatt's job of naming personnel of code boards begins. Code Authority holds initial meeting in New York Dec. 20. Dec. 14. — Names sought to help choice of personnel of code boards. Woman may be third government member of Code Au- thority. Dec. 15. — Federal film cartel viewed as possibility. Dec. 16.— Loew's stock sale held up by U. S. District Court as government moves to get anti-trust angles. Dec. 18. — Wages puzzle to non-union theatre code, employes being hazy about "prevailing" scales under pact. Third and final government representative on Code Authority to be definitely a woman. Dec. 19. — Dr. A. Lawrence Lowell re- ported planning to resign Code Authority post. Rotating head sought for Code Au- thority. Leaders favor plan as against permanent chairman. Court allows sale of Loew's stock. Dec. 20. — Will post names of personnel and invite criticism of code boards. Rosen- blatt made head of new NRA division to deal with amusement codes. Film delivery men form national organi- zation as National Film Carriers, Inc. Loew's stock acquired by noteholders. Dec. 21. — Code boards expected to start working soon. Nominations by Jan. 4. Winfield Sheehan again in command of Fox studio. Dec. 22. — Code groups get busy next week. Six committees to make plans ready before Jan. 4. Dr. A. Lawrence Lowell quits Code Authority; may reconsider. Court approves sale of 214 Publix Enter- prises houses to Famous Theatres Corp. Dec. 23. — Dr. A. Lawrence Lowell an- nounces he resigned from Code Authority because post carried no power and because he was opposed to block booking. Dec. 26. — Dry agitators, out of jobs, gunning for films. Harold Lloyd to release via Fox. Dec. 27. — New Film advertising copy drawing praise for its cleaner tone. Code compliance up to Rosenblatt at the start. Dec. 28. — Hollywood to get office under Code Authority. John C. Flinn gets secre- taryship with office in New York. Music Hall, New York, ends first year with $3,970,706 gross. Dec. 29— RKO Center, formerly the Radio City Roxy, completes first year with total gross of $1,084,959. More theatre unions seen impending. Dec. 30 — Administrator Johnson hits men who sit on "sideline" in answer to A. Lawrence Lowell's stand on Code Authority. Harry Thomas made head of F.M.P.I. as successor to P. S. Harrison. i Purely Personal ► Reading Votes for Open Sunday Again Reading, Mass., Jan. 1.— Once more Reading has voted for Sunday shows. At the second special town meeting called to vote on a referendum, the vote for Sunday pictures was : Yes, 506; no, 404, thus increasing the for- mer margin of some 43 votes to 192. Only 20 per cent of the town's vote was cast, due to stormy weather. The first special election voted to permit Sunday pictures. The second voted to ratify the action of the first. Selectmen say the permit will now be granted. The fee has not been set. Horowitz Back on Job Sam Horowitz, mid-west district manager for U. A. with headquarters in Kansas City, left yesterday for home after announcing his engage- ment to Sadie Feuerstein, Al Licht- man's secretary. The wedding will take place late this month and the couple will live in K. C. Monogram Seeks Player Hollywood, Jan. 1. — Monogram is looking for a new find for the leading role in "Jane Eyre." The plan is to get an actress with stock experience and the New York office is now searching the field. ANNA SYLVIA CURRAN, daugh- ter of John Curran, press agent, started her vacation from Trin- ity College by walking into the Ford show and receiving an expensive radio at the gate. She was the l,750,OOOth person to enter. Travis Banton, Paramount studio stylist, arrived in New York from Hol- lywood New Year's Day for a three weeks' stay before leaving for Palm Beach where he will complete his va- cation. Saul E. Rogers returns today from a holiday vacation trip which was scheduled to include some game hunting in the north. Leo Singer, producer of "White Horse Inn," has been confined to his hotel for the last eight days with an attack of lumbago. Charles D. Hilles, Paramount Publix trustee in bankruptcy, is re- cuperating at Doctors' Hospital from a recent illness. . Ben H. Atwell, Columbia execu- tive, accompanied by his wife, has left on a brief vacation in the Bahamas. HENRI BRUNET plans to sail for Europe early this month to survey the foreign field for Columbia. Monckton Hoffe, English author under contract to M-G-M, is at the Warwick. Erik Charell, new Fox producer, is due in on the He de France tomor- row. Leslie Howard has left New York for Hollywood to begin work on "Of Human Bondage" at the Radio studio. Joseph Seidelman, foreign gener- al sales manager for Columbia, has returned from a trip to Mexico. Mr. and Mrs. Lionel Atwill are at the Ritz-Carlton from Hollywood. Al Lichtman is back at his desk again, fully recovered from a bad cold. Elliott McManus has a new opera hat for some reason or other. Ad Schulberg returns to the coast Thursday after six weeks here. Sees Program Rush As Knell of Type (Continued from page 1) the program picture and the attraction will become so apparent as to render the former commercially unimportant. "The attraction, according to my definition, is the well considered balance of an interesting personality or personalities skillfully interpreting important roles in a picture with a story that possesses sincerity in enter- tainment, plus a certain showmanship." Boston Reformer Quits Boston, Jan. L — John C. L. Dow- ling, president of the Watch and Ward Society, whose activities re- sulted in the temporary suspension of the license of the Howard last sum- mer, has quit his job. Rev. Charles S. Bodwell, executive secretary, de- nied there had been friction between Dowling and himself. Dowling was a former head of the Boston Finance Commission. Photographer Honored Hollywood, Jan. 1. — Ernest B. Bachrach, head of the still department at Radio, has been awarded a diploma for "achievement of exceptional graphic studies" by the artists and fellows of the Royal Photographic So- ciety, based on exhibits on display at the Century of Progress, Chicago. The Leading Daily Newspaper of the Motion Picture Industry MOTION PICTURE DAILY Alert, Intelligent and Faithful J Service to the Industry in All Branches VOL. 35. NO. 2 NEW YORK, WEDNESDAY, JANUARY 3, 1934 TEN CENTS Upswing Has Begun, Says Abe Montague Circumstances Justify Hope, He States By ABE MONTAGUE General Sales Manager, Columbia I look forward to the new year for a gratifying answer to the business hopes and as- pirations of the industry. Many circumstances and conditions combine to just- ify this. The industry has gone through a severe test. For a long time it was sinking from week to week and month to month with apparently no bottom in sight. (Continued on page 4) State High Rental Closed the Embassy The Embassy Newsrecl theatre in Times Square was closed yesterday as a result of inability of Movietonews, Inc., to obtain reduction of rental on expiration of the old lease. Opera- tors of the house stated yesterday the Embassy's rental was the highest per seat of any theatre in the coun- try. The Embassy was opened by the (Continued on fane 4) Authority Problems Before Committees Code Authority committees on fi- nancing, clearance and zoning and grievance boards met last night at the (Continued on page 8) It Won't Work One New York circuit op- erator yesterday made a last minute effort to nab appoint- ment on either the clearance and zoning or grievance board. He had all managers in his houses wire the com- mittee suggesting his name. But the committee knows the origin of the wires. Christmas Puts Theatre Grosses Back on the Map Christmas put the theatre business back on the map in 17 key centers last week. In Boston and Philadelphia the increase was remarkable, and in Minneapolis, St. Paul, Oklahoma City, Pittsburgh, Portland, Kansas City and Buffalo it was big enough to stir up optimism. Chicago, San Francisco, Seattle, Cleveland, Omaha and Indianapolis failed to show indications of return- ing life. In Boston business was outstanding in every first run. The total take was $120,000. Average is $95,000. "Son of Kong" hit $22,000 at the Bos- tun, with Ben Bernie on the stage. A dual of "Alice in Wonderland" and "Son of a Sailor" at the Fenway had a big $11,500. The same combination at the Paramount took $12,000. Other Smile Time Disappointed generally in Saturday grosses, theatre business on Sunday and Mon- day was heavy all over the country, national circuit oper- ators reported yesterday. big takes were : "Counsellor At Law," $21,000 at Keith's; "Going Holly- wood," $20,500 at Loew's State; "House on 56th St.," $35,000 at the Metropolitan. New York's grosses were not out- standing. "Roman Scandals" was one of the bright spots with $48,000 at the Rivoli. "Mr. Skitch" reached $28,- 500 at the Roxy. Others were : Holly- (Continued on page 4) Protection of Little Fellow Aim of NIRA Washington, Jan. 2 — "This code is not designed to promote monopolies or to eliminate or oppress small enter- prises and shall not be applied to dis- criminate against them nor permit monopolies or monopolistic practices," routine phrase in all codes enacted un- der the NRA, appears to be on the road to something beyond merely a phrase under plans, discussed here, to make a change in the NIRA which would more directly establish safe- guards for small business against any encroachment of monopolies. The ef- fects of this program obviously would (Continued on pane 8) Film Stocks Gain as New Year Begins Amusement securities turned the corner in 1933 as widespread reports of business improvement made the out- look for the industry brighter than it has been in four years. The list of film stocks on the New York Stock Exchange showed net gains for the year ranging from one to more than 26 points. Activity in some shares was about on a par with 1932, while in others it was sharply increased. The year's lows generally were touched in the early spring when the nation was recovering from the sus- (Continued on page 6) Western Theatres Join To Prevent Competition Denver. Jan. 2. — Organized for the purpose of protecting territory of its members against invasion by either circuits or individuals, Gibraltar En- terprises, Inc., has filed incorporation papers here. According to Charles R. Gilmour, president, if anyone enters any of the cities where the company has theatres, the company will at once build or remodel buildings that will give the newcomer stiff competition. The sum of $250,000 has been depos- ited in a bank for this purpose. The first new theatre to be built by the group will be started shortly after the first of the year at Silver City, N. M. The corporation is composed of six well known theatre men of the Den- ver territory and a former Denver exchange manager. Thirteen theatres are included with a seating capacity (Continued on page 8) Major Heads Silent About Salary Return u. A. Is Only Company To Act Definitely Executives of major companies in the main were non-committal yester- day in replies to queries whether or not they planned restoration of salary cuts in whole or in part. S. R. Kent, speaking for Fox, de- clared he had not been back in New York long enough to set up his first quarterly budget, admitted he had been thinking of the idea but said it all depended on the course of business in the next few weeks. A spokesman for RKO said that while the subject had not been dis- cussed yet, it was not at all unlikely that it might be in the near future. George J. Schaefer, speaking for Paramount, declared there had been (Continued on page 8) Coast Production Falls; 31 in Work Hollywood, Jan. 2. — Production for the week ending Dec. 30 continued on the downward grade with but 31 fea- tures in work as compared to 32 for the preceding week and six short sub- jects as compared to nine for the pre- vious period. Twenty-two features and nine shorts (Continued on page 2) Report Goldman Set On Phila. Circuit Phladelphia, Jan. 2. — W i 1 1 i a m ("Billy") Goldman, former zone man- ager for Warners here, is reported set to enter exhibition on his own with a local circuit of approximately a dozen houses as a nucleus. Expect President's Message to Be Brief Washington, Jan. 2. — Planning to address Congress personally tomorrow at the opening of the Congress session, (Continued on page 8) Title Shift Hollywood, Jan. 2 — One of those far North pictures, made near the pole, is no longer being referred to by its *riven title, but as "Frozen Asset." 2 MOTION PICTURE DAILY • All the wise men of Hollywood- I are agog over BORZAGE'S latest | masterpiece for Columbia, based on the world famous novel by | Fercnc Molnar. They have tabbed I this as one of the top-notchers of I the New Year. MOTION PICTURE DAILY (Registered U. S. Patent Office) Vol. 35 January 3, 1934 No. 2 Martin Quigley Editor-in-Chief and Publisher QP MAURICE KANN Editor JAMES A. CRON 1 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. Clifford, manager; London Bureau: 1021 A Finchley Road, Golders Green, Bernard Charman, Representative; Berlin Bureau: Berlin-Tem- pelhof, Kaiserin-Augustastrasse 28, Joachim K. Rutenberg, Representative; Paris Bu- reau: 19, Rue de la Cour-des-Noues, Pierre Autre, Representative; Rome Bureau: Viale Gorizia, Vittorio Malpassuti, Representative; Sydney Bureau: 102 Sussex Street, Cliff Holt, Representative; Mexico City Bureau: Apartado 269, James Lockhart, Representa- tive; Glasgow Bureau: 86 Dundrennan Road. G. Holmes, Representative; Budapest Bureau: 11 Olaaz Fasor 17, Endre Hevesi, Representative. 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 Service Rates Slashed in England London, Jan. 2. — Effective yester- day, Erpi reduced its weekly service charges throughout England by ap- proximately $1.30. The reduced rates bring the former highest service charge of $24.52 per week down to $23.22, and the lowest rate, $10.31, down to $9.06. Charles Bunn, Erpi sales manager here, could not be reached yesterday for a statement as to whether or not the company contemplated a service charge reduction at home. Another authoritative source at Erpi, however, stated none was under consideration. MOTION PICTURE ALMANAC 1934-35 NOW /A/ P/lfPA/iA T/OA/ WHERE THE WORLD LOOKS FOR MOTION PICTURE '5* fact* LeRoy-Warner Wedding Takes Place at Waldorf Mervin LeRoy and Doris Warner were married last night at the Wal- dorf in the presence of approximately 200 guests, including a party from the coast headed by Jack L. Warner, the bride's uncle. The ceremony was per- formed by Rabbi S. A. Fineberg of the Sinai Temple, Mt. Vernon. Tomorrow the couple leave New York aboard the Empress of Britain on a world cruise. They will make their home in Hollywood. The guests included: Irving Asher, Ralph Adler, Mr. and Mrs. Jules Brulatour, Mr. and Mrs. Joseph Bernhard, Mr. and Mrs. Paul Burger, Hope Burger, Mr. and Mrs. Harold Bare- ford, Herbert Copelan, Mr. and Mrs. Harry L. Charnas, Milton Charnas, Mr. and Mrs. Eddie Cantor, Louis D'Arclay, Chester Erskine, Mr. and Mrs. S. Charles Einfeld, Rabbi and Mrs. Solomon A. Fine- berg, Herbert Frank, Mrs. Sam Feld, Mrs. Leo Forbstein, Mr. and Mrs. Stanleigh Friedman, Mr. and Mrs. Leon Greenbaum, Mr. and Mrs. Arnold Goldstein, Mrs. Kate Goldman, Mr. and Mrs. Harry M. Goetz, Mr. Robert Goldstein, Mr. and Mrs. Sid- ney Goldstein, Leonard Goldstein, Mr. and Mrs. Jack Goetz, Walter Goetz, Edna Goetz, Lou Golder, Gwen Heller, Mr. and Mrs. Lou Halper, Irene Heller, Mr. and Mrs. Halberstadt, Mr. and Mrs. Will H Hays, Mr. and Mrs. James H. Holahan, Mr. and Mrs. Herb Harris, Mr. and Mrs Larry Hyman, Mr. and Mrs. Isidore J Hoffman, Mr. and Mrs. A. Jacobs, Lester and Lou Krieger, Celia Krieger, Morris Levison. Mr. and Mrs. Ralph Levy, Mr. and Mrs. Isidore Levy. Mr. and Mrs. Alex- ander Levy. Mr. and Mrs. Moe Levy. Mr. and Mrs. Meyer Lesser, Mr. and "Mrs Louis Laskin. Mr. and Mrs. Al Lichtman. Mack Levy, Mr. and Mrs. Edwin Morris AI Manheimer. Mr. and Mrs. Paul Muni Dr. and Mrs. Waldo Mork, Mr. and Mrs' Edgar Moses. Mr. and Mrs. Lou Metzger Albert Manheimer. Courtland Mark. Max Milder. Mr. and Mrs. Sam E. Morris. Mrs Elsa Mark. Mr. and Mrs. Max Michel Mr. and Mrs. Robert Nisenson. Fritzi Ni- senson. Ruth Nathan. Mr. and Mrs. George O'Brien, Mr. and Mrs. Jack Pearl, Mr and Mrs. Dave Robbins. Mrs. Sadie Ro- senthal. Joseph Rosenthal. Mr. and Mrs Arthur Rapf. Mr. and Mrs. Moe Rosen- berg. Mr. and Mrs. Henry A. Rutkin Mr and Mrs. Bernard Rosenberg, Ruth Rosen- thal. Mr. and Mrs. Harold Rodner, Mr and Mrs. Arthur Siegel, Mr. and Mrs Leon Schlesinger, Mrs. Ad Schulberg, Mr and Mrs. Ed Sullivan. Mr. and Mrs. Ar- thur Stebbins. Mr. and Mrs. Sam Schneid- er. Louis Shurr, Buddv Schulberg, Carl Siegel. Mr. and Mrs. Herman Starr, Mr and Mrs. Sam Sax, Mr. and Mrs Moe Silver, Mr. and Mrs. Herman Schwartz Mr. and Mrs. Gradwell Sears. Mr. and Mr/ ,A- W' Smith- Jr.; Philip Simon. Mr. ™,M'S' P£";ce Teeple, Lucy, Ethel and Abel Cary Thomas. Mr. and Mrs. Sam- uel LTngerleider. Dr. and Mrs. Tonas T Unger. Betty Warner, Mr. and Mrs. Harry Warner. Major and Mrs. Albert Warner Mrs. Beniamin Wolf. ShTrlev Warner . W„a^n.er> Mr- and Mrs. Morris \.",f' We,ss- Elaine Whitelaw. Ruth Wilk. Mr and Mrs. Lloyd Weil. Mr. and Mrs. Jacob Wilk, Minna Wallis, and Mr and Mrs. Adolph Zukor. Studios Hurt Little By Heavy Coast Rain Hollywood, Jan. 2— Studios came through the unprecedented week-end downpour with no serious damage. Some exterior sets are being quickly repaired. Yesterday the northern sec- tion of the city, involving Warners and Universal, was without telephone service. Joel McCrea and Frances Dee were marooned on their ranch at Chats- worth. Will Rogers got up at 4 o'clock in the morning to warn motorists of a bridge washout near his ranch. Victor McLaglen was reported miss- ing from his estate at LaCrescenta. Frank Geraghty, assistant produc- tion manager at Columbia, was drowned when his car was swept away. Coast Production Falls; 31 in Work {Continued from page 1) are in final stages of preparation. The cutting rooms continue to be taxed to capacity with 53 features and 24 shorts in the editing stages. M-G-M continues to head the list with an unusual number of features in work, reporting eight, with two preparing and 10 cutting. Warners come next with six, zero and five. Fox is third with four, three and seven ; Paramount, four, four and five ; Radio, three, zero and six ; Co- lumbia, one, three and six; Century, one, zero and four, while Universal reports zero, one and two with United Artists zero on the three classifica- tions. Independent producers in the feature group show four working, seven pre- paring and eight cutting. Among the producers of shorts M- G-M shows one working, one prepar- ing and two shooting; Roach, zero, two and four; Universal, one, zero and two; Columbia, zero, two and three; Radio, zero, one and six. Paramount will hit a production peak this month with 13 features. Films starting this month are: "Melody in Spring;" "We're Not Dressing;" "The Trumpet Blows;" "It Ain't No Sin;" "Murder at the Vanities;" "Honor Bright;" "Come on Marines," and "The Man Who Broke His Heart." Scheduled for production in Febru- ary are "Double Door;" "Often a Bridegroom ;" "Thirty-Day Princess" and "Little Miss Marker." Columbia will start four this month, they are: "Sonata," "Twentieth Cen- tury," "The Love Child," and the Russian story on which Laurence Stallings and Lewis Milestone have spent eight months. The working title has been set as "Red Square." 12 Indicted in Failure The Brooklyn Grand Jury yester- day handed up 12 indictments grow- ing out of the investigation of New York Investors, Inc., and its subsid- iaries, including the bankrupt Realty Associates, Inc. Among the charges are misuse of the mails and conceal- ment of assets. Among those named are Frank Fox, president of Realty Associates, Inc. ; Frank Bailey, one of the founders of Realty Associates. Inc. : William M. Greve, president of New York Investors, Inc. ; Francis T. Pender, president of Allied Owners. Inc. ; William H. Wheelock, pres- ident of the Prudence Company, Inc. ; James Fisher, James Graham, Gordon S. Braislin, Harry D. Bur- chall, Eugene Moses, Henry Parker and Otto Eimer, directors of the various affiliates of New York In- vestors. John F. Bruce Dead Cleveland, Jan. 2. — John Forester Bruce, former film salesman, is dead. Financial on Page 6 Yesterday's stock market quotations appear on page 6 today. When over ten million newspapei readers daily go wild over Ripley's "MINUTE MYSTERIES" there are sixty million waiting to follow suit. Here's their opportunity and yours — in these thrilling short reej mysteryettes. J L I LI AN HARVEY, dream of beauty miracle of dancing grace, in a romance as tenderly appealing as "7th prise and laughter in th Heaven. Spiced with sparkling spectacle, f cuddleseme cuties, blazing splendor, striking effects, unique sur Piccoli Marionettes. Brightened with gay, bewitching melodies. ^v Everything for everybody A Jesse L. Lasky Production I Am Suzanne ! Your patrons always like FOX MOVIETONE NEWS Gene Raymond Leslie Banks Story and screen play by Edwin Justus Mayer and Rowland V. Lee Podrecca's Piccoli Marionettes Directed by Rowland V. Lee 03 MOTION PICTURE DAILY 4 Xmas Places Film Grosses Back on Map (.Continued from page 1) wood— "House on 56th St.," $8,973; Mayfair — "Criminal at Large," second week, four days, $6,100; Rialto — "Chance at Heaven," $8,500 ; Strand— "Convention City," $14,231. Two single bill houses in Provi- dence, Loew's State and Fay's, gave three of the four dual spots a run for their money last week. Loew's State, with "Going Hollywood" and a vaude- ville show topped its average by $2,- 000 on a $14,000 gross, and "Smoky" and an animal circus at Fay's was even at $7,000. The Paramount, with "Alice in Wonderland" and "The Thundering Herd" was $1,000 up at $7,500. "Alice" First in Buffalo Near-zero weather and icy streets bumped the pre-Christmas takings in Buffalo, but "Alice in Wonderland" came out on top at the Century with $7,500. "Counsellor At Law," helped by a vaudeville show, was the big draw of the week with $15,200 at the Lafayette, and "Disraeli" was well over par with $1,000 at the Holly- wood. "Sitting Pretty," "The Prize- fighter and the Lady" and "Son of a Sailor" were all weak. Cleveland had a tough seven days. "Alice in Wonderland" and "Lady Killer" were the only attractions in town to make average. The former took $4,000 at Loew's Stillman and the latter $5,000 at Warners' Hippo- drome. The four weak links were : "Broadway Thru a Keyhole" at the Allen, "Jimmy and Sally" at War- ners' Lake, "Mr. Skitch" at the RKO Palace and "Going Hollywood" at Loew's State. Seattle showed improvement over recent weeks. "Little Women" was still a local sensation with a $4,500 take at the Blue Mouse in its fourth week. "Alice in Wonderland" reached a par $7,000 at the Fifth Avenue. "Before Midnight" and "Strawberry Roan" were strong at $4,250 in the Liberty, but the rest were weak as follows : "Counsellor at Law," $4,000 at the Music Box; "Lone Cowboy" and "The Big Brain," $6,000 at the Orpheum ; "Son of a Saiior," $5,500 at the Paramount ; "Right to Ro- mance," $5,000 at the Roxy. "Alice" Also Big in Portland Portland went for "Alice in Won- derland" in a big way The $10,000 take at the Paramount was double average. The other half of the dual bill was "Olsen's Big Moment." "Little Women" romped along to $3,- 000 in its fourth week at Hamrick's Oriental, and "Roman Scandals" took $5,800 at the United Artists. It was held over. "Counsellor at Law" did an average $3,000 at Hamrick's Music Box, but "Going Hollywood" took only a weak $5,000 at the Broadway. Pittsburgh escaped the pre-Christ- mas slump with a smart $47,000 for the six first runs, with "Alice in Won- derland" more than doubling the nor- mal take at the Davis at $4,800, and "Mr. Skitch" throwing the Fulton in- to a ticket-selling rush with $6,450. At $13,000, "Going Hollywood" was $1,000 up for the Penn, "Fury of the jungle" and a vaudeville show at the Back in Theatre Eddie Dowling, producer of a list of successful Broadway stage plays and motion pic- tures, is back in the New York theatre with his latest production, "B i g-H e a r t e d Herbert," which has opened an engagement at the Bilt- more theatre. The new play is a characteristic down-to- earth entertainment featur- ing J. C. Nugent and Eliza- beth Risdon. Bowling's latest picture is "His Double Life," released by Paramount. Pitt were unusually strong with $7,- 700, "House on 56th St." was average with $9,000 at the Stanley, and "Son of a Sailor" had a good $5,650 at the Warner. Oklahoma City exhibitors gave three cheers for the first time in weeks when they counted up the Christmas week-end receipts. Every house ex- cept one was over average, the single exception being the Midwest with "In- visible Man." "Dancing Lady" was practically a sell-out at the Criterion with an $8,000 take, and "Alice in Wonderland" took a strong $3,500 at the Capitol. "Havana Widows" and "Myrt and Marge," which split the week at the Liberty, totalled $2,100. "Alice in Wonderland" stirred up plenty of excitement in Minneapolis and St. Paul. At the Minnesota the $9,500 gross was $2,000 over normal and at the St. Paul Paramount the $6,500 take was $1,000 up. "Broadway Thru a Keyhole" was strong in both cities, with $6,500 at the State and $4,500 at St. Paul Riviera. "Counsellor At Law" reached $6,500 at the RKO Orpheum in Minneapolis. "The Pas- sion of Joan of Arc" took $1,500 at the 300-seat World in St. Paul. 3 Over Par in Montreal In spite of exceptionally cold weath- er Montreal wound up Christmas week with three first runs over par. "Coun- sellor at Law" had a good $10,000 at the Capitol, "My Lips Betray" made it $11,500 at Loew's and a dual bill with "Red Headed Woman" and "Broken Dreams" took $6,500 at the Princess, "Sitting Pretty" and "Alice in Wonderland" were normal at $11,- 000 in the Palace. Kid shows mean nothing in Montreal around Christmas because of the ban on juvenile theatre attendance. "Roman Scandals" hit a record $18,- 000 at the Philadelphia Aldine and looks good for another two weeks, and "Son of a Sailor," helped by Buddy Rogers and his orchestra on the stage, knocked all the recent marks sky high with a $26,000 gross. This is $14,- 000 over normal. "Mr. Skitch" and a stage show piled up a big $24,- 00 at the Fox. This tops par by $8,000. "Alice in Wonderland" was weak at the Stanley with $8,000. "Wo- men in His Life" had a good $8,000 at the Stanton. "I'm No Angel" proved its continued drawing power with $7,000 for a second run at the Arcadia, above normal by $4,600, and "Jimmy and Sally," also a second run, at Keith's was good for $8,000. San Francisco's bright spot was LTnited Artists, where "Roman Scan- dals" hit $17,000, over normal by $9,- 000. "Counsellor At Law," with $15,- 500 at the Golden Gate, was the only other strong attraction in town. "Mr. Skitch" was down to $14,000 at the Warfield and "Alice in Wonderland" was weak with $7,000 at the Para- mount. Christmas didn't mean much to Loop box-offices in Chicago. "Roman Scandals" hit $25,500 at the United Artists, above par by $8,500, but every other downtown first run was below normal. "Duck Soup" took $30,000 at the Chicago, "My Lips Betray" grossed $20,000 at the Palace, "Little Women," in its fourth Loop week at the Roosevelt, had $9,000, "Alice in Wonderland" reached only $12,000 at McVickers, "Design for Living" was good for a weak $8,000 at the Orien- tal, and "Walls of Gold" managed to reach $14,000 at the State-Lake. "Havana Widows" Tops K. C. "Havana Widows" was top draw in Kansas City with $18,000 at the Main- street, and "Going Hollywood" was a good second at $14,000. "Alice in Wonderland" was weak at $5,000 in the Newman. "Jimmy and Sally" and "Son of a Sailor" were just fair at the Uptown. "S. O. S. Iceberg" had a bad $900 at the Apollo. "Alice in Wonderland" on a dual bill with "Horse Play" was the only first run to reach par in Omaha. The take was $5,500 at the World. "Mr. Skitch" was $1,000 off on a $6,750 take at the Paramount, and "Son of a Sailor" took only $6,500 at the Or- pheum. Los Angeles, Jan. 2. — "Mr. Skitch," now playing simultaneously in a num- ber of spots is piling up record grosses. First week at Loew's State drew the best profit of any picture since stage shows were discontinued. The Fox Pomona chalked up $1,053 for the first day compared with $135 for the preceding week. The Arling- ton, Santa Barbara, netted $1,065 com- pared with $160 for the previous Mon- day. Comparing the first playdate with the preceding Monday, "Skitch" drew $1,949 to $428 at the Fox, Oakland. Fox's Riverside grossed $906 to $116. The Senator, Sacramento, brought in $1,428 compared to $332 the previous week. Portland, Jan. 2. — Will Rogers' "Air. Skitch" opened yesterday at the Paramount to capacity business. "Fly- ing Down to Rio" grossed $2,000 for opening day. All houses are doing a heavy New Year business. Free beer is being given with admis- sions in some spots. State High Rental Closed the Embassy (Continued from page 1) Fox-Hearst Corp., Nov. 2, 1929, and was the first all-newsreel theatre in the world. In 1930, the operating company became Movietonews, Inc., a Fox subsidiary of which Truman Tal- ley, editor of the Fox newsreels, is vice-president and general manager. E. L. Harvey has supervised the Em- bassy since its opening. He continues in his capacity as editor of Fox Movietone News. The Embassy's ad- mission was maintained at 25 cents, despite admission decreases during the past two years at leading Broadway nouses, yet attendance often remained above 13,000 weekly, it was said. It had an immediate success, surprising to many quarters in the industry, up- on its opening. If a suitable location can be ob- tained, Movietonews will open a new newsreel theatre, Talley said yester- day. Wednesday, January 3, 1934 Upswing Has Begun, Says Abe Montague (Continued from page 1) So tremendous a decline forced some of the greatest and most powerful or- ganizations into difficulty and had a demoralizing effect upon producers and exhibitors alike. Time and at- tention were devoted to worrying in- stead of hustling, and showmanship — the thing that made Barnum and that built up and sustained every form of amusement business — almost disap- peared. During three years of stress the ex- hibitor has developed a keen disposi- tion to lessen his overhead expense. One of the last desperate measures he resorted to in this process was curtail- ment of advertising and exploitation. This violation of the cardinal princi- ples of showmanship brought the in- dustry to its greatest "low," causing it to reach bottom. Happily the turn came, and a great psychological wave both in and out- side the industry is operating for the recovery and the prosperity that I predict. Business is improving, and has been steadily throughout recent months. Theatres forced by the finan- cial stringency to close are reopening in considerable numbers. Those that successfully bucked the financial storm, operating uninterruptedly through it, report better patronage with increas- ing employment developing weekly. The results achieved to date in the progress of recovery justify confidence in the future. The experience we have all passed through should and will afford a foundation on which the mo- tion picture industry will assume a new and greater prosperity. The public, ever alert to sense a return of vitality, is responding favor- ably to the good pictures that are the fruit of awakened confidence among producers. Given good pictures, plus proper exploitation on the part of the exhibitor, the public can now be de- pended upon to do its part. So, weighing all things, I confi- dently anticipate a big year for the industry as a whole. Court Permits RKO Payment Upon Bond Federal Judge Bondy yesterday au- thorized payment of interest due Jan. 1 on outstanding RKO bonds on peti- tion of William J. Donovan, attorney representing Irving Trust, receivers for the company. In his petition, the attorney asserted payment was neces- sary to avoid foreclosure and preserva- tion of company's assets. The interest is $100,512, or at the rate of six per cent on $1,825,208 in bonds outstanding of an original issue of $6,000,000. Chemical Bank and Commercial Investment are trustees. Von Herberg Quits Majestic Financing Portland, Jan. 2. — Due to the with- drawal of J. Von Herberg of Jensen, Von Herberg from financial support of Majestic Pictures, Nat Levine Films of Oregon and Washington, dis- tributors, is undergoing a reorganiza- tion. AMERICA'S DANCING DAUGHTER CRAWFORD ^ V... ^fiABLE 4 Uandna LADY 1 ~*; Cam GsutCaT DAVItSV^^ Lfcuuf \ 1 WCROSBf DINNER^ amdl ESKIMO-A HIT! (A/f ' • '' 1 TONIGHT 5 ^ x j m d tSvftOLtviL odlrvaoticmjo Mote QxnAxjC J&acJK to To cjo onr\ Teo\Maor\ clonal On 10J4 11M + *A 1,100 RKO V/2 2VS 2% 1,000 Warner Bros SVt 5 S% 1,500 Trans Lux Rises Half Point High Low Close Technicolor 8% Wi &A Trans Lux 2Ya 2Y* 2% Paramount Publix Loses 2% High Low Close General Theatre Equipment 6s '40, ctf 3 3 3 Loew's 6s '41, ww deb rights 86 86 86 Paramount Broadway 5^2S '51 31 31 31 +1 Paramount F. L. 6s '47 29lA 29T/2 29'/ —VA Paramount Publix 5^s '50 30 29 29 —VA Warner Bros. 6s '39, wd AVA AOVs 41 — % Net Change - v% + V2 Net Change s7 Sales 100 700 Sales 2 2 30 2 11 21 When you laugh at the antics of "SCRAPPY" — the world laughs with you. Here's a one reel cartoon comic known and enjoyed from Pole to Pole and everywhere else that English is spoken! Donald Cook, Mary Brian and Reginald Denny seek the romance in this mystery and also the mys- tery in this romance known as "FOG", which thrilled two and a half million Saturday Evening Post readers. NEWS OF THE WEEK N PHOTO-REV 100 ROADSHOW BOOKINGS set for February in pre-release rush for Warner Bros.' star-spangled nov- elty spectacle, 'Wonder Bar.'° BUZ BERKELEY TO DIRECT 'DAMES.' Chorus and ensem- ble glorifier wins first full di- rectorship in next Warner musical after 'Wonder Bar.' WARNERS BEST AGAIN! W. B. named only com- pany with two of year's top record - breakers in world-wide Variety survey. A NEW STYLE in ex- travaganzas is 'Fashions of 1934', coming Warner Bros, gal-and-gown mu- sical special." LEROY LEADS Variety list of top box-office directors for 1933 as Muni's 'Hi, Nellie,' his newest, is scheduled for immediate release.* 'A NEW PEAK in Cagney's career' — 'registers heavily,' laud N. Y. World-Telegram and Sun as 'Lady Killer' goes into holdover week at Strand.* *A Warner Bros. Picture °A First National Picture Vitagrapb, Inc., Distributors 4 MOTION PICTURE DAILY Friday, January 5, 1934 Midnight of Jan. 31 Is Last Signing Date (.Continued from page 1) Kuykendall's knowledge of the ex- hibition field. The rest of the committee consists of S. R. Kent, Charles L. O'Reilly, George J. Schaefer, W. Ray John- ston and Nathan Yamins. Yesterday's session was adjourned until 7 P. M. next Wednesday, when the Authority will meet in the War- ner Bldg. on West 44th St. The adjournment was taken because of the various committee matters which remained unsettled at the close of the session. Among those are the commit- tee on rules, finances and headquar- ters. Kent, who presided at yester- day's session, will resume the chair on Jan. 10, when the next chairman in the rotating plan will be announced. M. H. Aylesworth did not show up and had no alternate present. He was detained at a directors' meeting at RKO. Eddie Cantor, who was rehearsing for his engagement at the Brooklyn Paramount, and Marie Dressier likewise did not attend. J. Robert Rubin substituted for Nicholas M. Schenck, who is ill. Harold S. Bareford attended in addition to H. M. Warner. Five permanent alternates were named : W. C. Michel will alternate for Kent, Austin Keough for George J. Schaefer, Bareford for Warner, Jack Cohn for R. H. Cochrane, and Rubin for Schenck. The other Authority members may name their substitutes at the next session. Forms of assent to the code were approved yesterday and the first batch of the 20,000 will go out today, 13,500 of which will go to theatres, exhibi- tor units, producers and distributors. Rosenblatt left for Washington after the meeting and said he plans to go to the coast at the end of the month to acquaint himself with cer- tain production matters. Loew's 100 Per Cent Behind Code: Schiller Approximately 100 managers and asistant managers of Loew theatres in the metropolitan area were told the circuit was 100 per cent be- hind the code and that "no chisel- ing wil 1 be tolerated" by E. A. Schiller at a meeting which began at the Astor Theatre at midnight Wednesday and terminated early yes- terday morning. Schiller spoke for about one hour and a half analyzing the code and laid stress on the clause which bars subsequent runs from advertising prior to seven days before expiration of a previous run. Discuss Code at MPPDA Attorneys for member M.P.P.D.A. companies met at the Hays office yes- terday for discussion and interpreta- tion of the code. Bank Shutdown Perturbs Failure of the Huguenot Trust Co. of New Rochelle to open its doors Wednesday is proving disturbing to a number of film men who bank there. NRA Pleased Commenting on the reac- tion of the industry on the code, Division Administrator Sol A. Rosenblatt yesterday stated he is "getting splendid cooperation from every branch of the industry." "I can't praise the results too highly," he said following a meeting of the Code Au- thority. Cole Holds NRA Is Exhibitor "Blessing" By H. A COLE President, Allied of Texas Dallas, Jan. 4. — NRA has brought us the blessing of a fair degree of prosperity during the last few months so that Christmas this year was something like a real Christmas for the exhibitors in this part of the country. Whether or not it is going to offset the good we have received so far through the general prosperity of the country, by making the lot of the in- dependent exhibitor unbearable during the coming year, it is hard to say. While I realize the danger to inde- pendent exhibitors, I am still not at all discouraged, because I am old fashioned enough to believe in some of the old maxims like "Right will prevail" and "Honesty is the best policy" and maybe there is a Santa Claus after all ! Anyhow, here's hoping ! Prosperity Gaining A Foothold: Neilan (Continued from page \) events cast their shadews before them', which I think can be applied to the outlook of the industry for 1934. A diversity of opinion regarding the effects of the code authority has not dampened the general spirit of opti- mism which seems to prevail in all branches of the business and such confidence must be warranted. "From reports on all sides it would seem that prosperity has at last gained a foothold throughout the nation and with an added impetus as the weeks go on the motion picture the_atres should reap the benefits of increased attendance — provided of course that we in and of the industry do our utmost to provide the theatre loving public with a superior grade of enter- tainment. "It was this conviction that prompted my return to independent production activities and as the new year of 1934 starts I have a sincere feeling of confidence that the trend of motion picture prosperity is defi- nitely upward." Stoll Profit $406.45 London, Jan. 4.— Profits of Stoll Theatres Corp. for the year ending Sept. 30 were $406.45. This compares with a net of $87,917 for 1932. The amusement tax, known in this country as the entertainment duty, is blamed in the company report. Stoll theatres point out that the tax hits stage shows much more heavily than films and say no profits can be ex- pected until the tax is changed. Legitimate Theatre Code Change on Way Proposed changes in the legitimate theatre code will be heard at a spe- cial meeting in Washington shortly, Division Administrator Sol A. Rosen- blatt stated yesterday. On Tuesday he attended a meeting of theatre men at the League of New York Theatres at which changes were proposed. The date for the hearing has not been set, Rosenblatt stated. The division administrator returns to New York next Wednesday for three meetings on amusement codes. In the morning he will attend the hearing on the burlesque code, in the afternoon he will be present at the legitimate theatre session and at 7 P. M. he will sit in on the adjourned session of the Code Authority of the film industry. Sirovich Uncertain He'll Push Quiz Now Washington, Jan. 4. — No decision has yet been reached by Representa- tive Sirovich of New York as to whether he will prosecute his investi- gation of the film industry this session. A resolution providing for an investi- gation of financial, operative and business irregularities and illegal ac- tions by interests inside and outside the industry was introduced by him last spring. Many of the actions which would be investigated under the Sirovich resolu- tion were brought to light by the Sen- ate committee which this fall investi- gated Wall Street activities, and some of the practices complained of are cov- ered by the code. A study of these factors will be made by the Congress- man before he determines what action shall be taken with respect to his pro- posed investigation. Show More Soviet Film Third of a series of showings on "The History of the Soviet Film" will be held tomorrow night at the New- School for Social Research, 66 West 12th St. under the auspices of the Film and Photo League. Court Allows Stock Sale New Orleans, Jan. 4. — Kenning- ton-Saenger Theatres, Inc., at Jack- son, Miss., in which Saenger owns 50 per cent, has been granted permission by U. S. Judge Wayne Borah to dis- pose of 150 shares to R. E. Kenning- ton. Quota Law Skips Films Washington, Jan. 4. — Films are not affected by the forthcoming applica- tion of new French quota laws placing restrictions on 134 new products which never had been subject to import quotas before. Jewels to Reliable Reliable Film Export will distribute in all foreign markets entire output of Jewel Prod., first two of which are "Forgotten Men" and "The Jungle Killer." Warners Sign Gibson Hollywood, Jan. 4. — Hoot Gibson has been signed to star in "Cowboy in London" which Warners will make in the London studio. Decision Upon Code Expense Is Postponed (Continued from page 1) lion dollars, ranging from $400,000 to $650,000 per year. Chiefly responsible for the wide dif- ferences in the estimates are such major cost factors, as yet undeter- mined, as whether or not the mem- bers of local grievance and clearance and zoning boards who are not mem- bers of the industry will serve without remuneration or whether they will be paid ; also whether one secretary will serve for both grievance and clearance and zoning boards, or whether two will have to be employed in each key city, and, finally, whether the local boards will pay rent on offices of their own or utilize Film Board of Trade quarters in each key city. It was pointed out that the type of impartial member desired for the local code boards probably might require a sizeable remuneration. The code provides for one such member on each of the 32 grievance boards and each of the 32 clearance and zoning boards. Locally eminent attorneys and even jurists have been recommended for these posts in a number of situations, it was learned. If one secretary is found sufficient for both local boards in the 32 keys, their cost will be half what it would tally if a secretary is required for both of the local boards, it was pointed out. One observer also offered the opin- ion that if the local code boards were to use Film Board of Trade quar- ters they would probably be made available either without cost or at a charge much less than it would cost to maintain separate quarters which the local boards might utilize only three or four times a month. Until these undetermined cost fac- tors have been settled upon, the com- plete cost of code administration can- not be gauged, and until it has been a method of taxing the industry to bear such cost is not likely to mate- rialize, it was said. Los Angeles Passes Ban on Tango Games (Continued from page 1) menace, but the stoppage is expected to be a boon to all phases of the show business. This game had become so gripping that the parlors did a land office busi- ness. Chairs were filled from early hours of the afternoon until the wee small hours of the morning. House- wives spent their afternoons playing the cards and spending the family budget, while at night the masculine speculator with their wives and sweet- hearts filled the parlors until their last dime was spent. Reeves on Dubbing Job Reeves Sound Studios is dubbing the French "Three Lucky Fools," starring Tito Schipa, and will release it shortly. Signs Dorothy Wilson Hollywood, Jan. 4. — Dorothy Wil- son has been signed to a seven-year contract by Charles R. Rogers. EXTRA 1 Read all m Gross; Othf>r r/. JSJ°00 f*2 d^Tan^'5" * the on,y Street S anY business on the 'Sts, encouraged h„ .l. . United Art- c«Ption of tff'p&J* ew Vork rl . advertismg anV'^'T the fie'<* with piping- egxhibTtis eS'^ -en. W,es m the princin!/ the"\ ticket V*e country Pa' Spofs through- at the time of the re C?UntrV St^es^ ssSrtf ?v,,her nas made it dear t„ ! L,chtman that the entire JV6^ e*hibit0r stands ready and Jr/i;»' orSanization assistance in selling 1118 *? °ffer any erThrjn; to the p^t p,ece °f - Sun.to the' Twen1ie?ha'r g''vinS the duct,on of "CeHant f 5^nturV Pro- jects this p/ctorp t ady a^ ex- S the already'6 * • "ew hfgh oKoictures MOTION PICTURE DAILY Friday, January 5, 1935 "Alice" Gets Big Play in Denver Start Denver, Jan. 4. — Christmas Eve apparently meant nothing to the folks who wanted to see "Alice in Won- derland" and "Mr. Skitch." "Alice" packed them in Sunday, Monday and Tuesday, the last days of the Denham week and will be held at least 10 days. The film was started on Sun- day after "Tillie and Gus" had been pulled after four days at only fair business. The gross was $5,500. "Mr. Skitch" did the expected at_ the Or- pheum, packing that house time after time, with holdouts at most every matinee and night, with the overflow on Christmas day filling the lobby and overflowing to the sidewalk. Total first run business was $36,000. Average is $28,750. Estimated takings for the week ending Dec. 28: "SON OF A SAILOR" (F. N.) ALADDIN— (1,500). 2Sc-40c, 7 days. Gross: $3,500. (Average, $3,500.) "TILLIE AND GUS" (Para.) DENHAM— (1.500), 25c-30c-40c, 4 days. Gross: $2,500. "ALICE IN WONDERLAND" (Para.) DENHAM— (1.500), 25c-30c-40c, 3 days. Gross: $5,500. (Average for week, $7,000.) "MAN'S CASTLE" (Col.) DENVER— (2,500). 25c-35c-50c, 7 days. Ted Mack with stage show. Gross: $7,000. (Average, $5,500.) "MR. SKITCH" (Fox) ORPHEUM— (2,600), 25c-35c-40c, 7 days. Fred Schmitt with stage show. Gross: $16,- 000. (Average, $10,000.) "HORSE PLAY" (Univ.) PARAMOUNT— (2,000), 25c-40c, 3 days. Gross: $900. "SMOKY" (Fox) PARAMOUNT— (2,000), 25c-40c, 4 days. Gross: $1,600. (Average for week, $2,750.) MOTION PICTURE DAILY* HOLLYWOOD PREVIEW Salt Lake Orpheum Receivership Ended Salt Lake City, Jan. 4.— As a re- sult of an agreement among lease dis- putants District Judge Thurman has terminated the Orpheum receivership which ' began Aug. 24 and involved Alexander Pantages, the RKO West- ern Corp. and RKO San Francisco Co. During the receivership the lease was transferred to Marco Wolf, who will not pay rent to the W. H. Mc- Intyre Co., owners. "Laughing Boy" Halted Hollywood, Jan. 4. — M-G-M has temporarily halted production on "Laughing Boy" pending final de- cision on what should be added to the films and what should be taken out. The studio stopped work on the picture within one or two days of com- pletion and plans to send it back to the cameras this week. Hal Roach to Rush 24 Hollywood, Jan. 4. — Hal Roach's production plans during the next six months call for 24 shorts, two fea- tures and a "Toyland" special in six months. The shorts include three Todd-Kellys, four Charlie Chases, four "Our Gangs," four all-star, three with music. Indiana Splits Weeks Indianapolis, Jan. 4. — The Indiana, Monarch's ace house here, goes to a split week policy today. "Nana" {United Artists) Hollywood, Jan. 4. — Samuel Goldwyn has plucked a personality out of nowhere, endowed her with glamour, surrounded her with an aura of mystery and launched her handsomely in' her first film — a new star, Anna Sten. Goldwyn has done right by her. Miss Sten has a haunting beauty. Her eyes express. Her body is lissome. She has distinctive charm and talent. She is provocative. She will stir discussion. With meticulous care, Goldwyn for her first film has ensconced her in a colorful setting of the France of 1868. As a slavey Nana proclaims her creed : "I will not be poor. I will not slave. I will be rich. I will be famous." As a gilded fly of the pavements she attracts the attention of Paris' greatest producer, becomes a stage rage overnight, neglects her patron for the Grand Duke Alexis and falls in love with a common soldier. The screen translation of Zola's story emerges splendidly, but is secondary. Miss Sten as Nana is important. She enriches the role and makes the character she plays vital and real. Her affairs with the soldier, the producer and the grand duke give her a range of emotion and opportunity seldom accorded a newcomer. To that opportunity she rises to where the public will find a place for her as they did for others of equal flair. The production is an artistic gem photographed in pastel with a lush beauty. In all details it carries the perfection of creed of its sponsor. The cast is well chosen, with Lionel Atwill, Richard Bennett, Mae Clarke, Phillips Holmes and Muriel Kirkland registering with good effect. Dorothy Arzner's direction hits a new mark for her. After two years' tutelage and the expenditure of about $500,000 after junking the first try before the new "Nana" was started, it looks as if Goldwyn will retrieve his investment many fold with his new find in her first production. Para. Seeks Closer Field Contact Plan "Frontier Marshal" (Fox) Hollywood, Jan. 4. — Much has been written of the outlawry of Tombstone Valley in the 19th century. Here is a film transcription of some of the events which have been recorded from time to time. To those who have read some of the pioneer history of the valley, this pic- ture holds many interesting highlights. As film entertainment it should appeal generally, especially to western fans and George O'Brien's fol- lowers. Burton Churchill, mayor of the valley, part owner of the Four- square ranch and half owner of the bank, has been conniving and steal- ing anything not nailed down. Happenings in the town are at a high pitch when O'Brien arrives with Irene Bentley and Georgie Stone in a coach which has been held up on the way. Ward Bond has been making trouble and when the hero captures him he is given the job as sheriff. Meanwhile the girl's father, partner of Churchill, is murdered, and Miss Bentley assumes his responsibilities. O'Brien makes good on the job and even subdues Alan Edwards, a bad man, who later takes to the hero and helps him run down the bad men. Churchill makes things hot for O'Brien, who is almost lynched when he is unveiled by the crooked mayor as a thief. O'Brien gets evidence of Churchill's guilt and with the aid of Edwards rounds up Bond, who confesses. The villain tries to make a getaway and is killed, ridding the town of its official enemy. Ruth Gillette, who puts on the Mae West act as proprietress of the saloon and dies saving the hero from the villain's bullet, is good in her role. Stone, Russel Simpson, Frank Conroy also do fine work. Lew Seiler directed. {Continued from page 1) is an outgrowth of Theatre Manage- ment Co., subsidiary which owned or operated no houses but acted as a ser- vice unit to assist operators in the field. A second meeting will be held in Dallas later in the month at which Karl Hoblitzelle, E. O. O'Donnell and other Paramount theatre partners in that section will attend. While localized operation is de- clared to be unaffected by the rear- ranged personnel of Paramount The- atres Service, it was explained yes- terday much could be done by set- ting up a system whereby information out of New York and into the field, as well as vice versa, could be ex- changed quickly. Reopen Delaware House Middletown, Del., Jan. 4.— George M. Schwartz, who operates the Capi- tal and Temple at Dover, has taken over and reopened the Everett here. Brockton, Mass., Jan. 4.— The new Modern is nearing completion on East Elm St. and will be opened this month. Morris Perlstein is the owner and manager. Fort Morgan, Col., Jan. 4.— Edwin Bluck has leased the U. S. A. and the Cover from John Anderson and will do extensive remodeling and re- decorating. New sound will be in- stajled in both houses, and the seat- ing capacity of the U. S. A. will be reduced from 450 to 320. Bluck re- cently owned a part interest in the Hiawatha in Denver. (S All of Me (Paramount) Hollywood, Jan. 4. — Sounding a new romantic note and revealing a guy and a gal with courage to clutch and hold that which is important to them, "All of Me" has show values that yank at the emotions. Miriam Hopkins, as a society girl afraid that marriage to a young engineering professor may mar their romance, is jolted into realization of what this thing called love is all about. Fredric March, the engineer, in proposing marriage, tells her that he can't promise happiness, but only love with its torment, adventure and even hate. The girl demurs. Slumming in a beer joint, they see and hear George Raft, an ex-con, {Continued on page 10) No St. Louis Sale Date St. Louis, Jan. 4. — No date has been set for the foreclosure sale of the Am- bassador, Missouri and Grand Central theatres and furnishings. Nelson Cun- liff, special master, has this in charge. Under the law he must advertise for four weeks before the sale. Defaulted bonds and interest total $6,503,875. Colman Made Director Hollywood, Jan. 4. — For the first time at Columbia studios, an assistant director has been made a director. He is Buddy Colman, assistant to Frank Capra for several years. His first assignment will be Tim McCoy's "Storm at Midnight." Arthur Chateau Dead New Orleans, Jan. 4. — Arthur Chateau, Sr., 44, president of the operators' union, died at his home here. He is survived by a son, Ar- thur Chateau, Jr., and a widow. Giannini Returns Los Angeles, Jan. 4. — Dr. A. H. Giannini, chairman of the board of the Bank of America National Ass'n.. is back from a New York trip. Lloyd Gets Una Merkel Hollywood Jan. 4.— Harold Lloyd has borrowed Una Merkel to play opposite him in "Cat's Paw." A Question ANSWERED WHAT big picture today does not in- clude backgrounds that call for com- posite photography? The answer is obvious. . . . The really vital point is: what medium to use in photographing these important backgrounds? . . . Eastman has answered that question. Eastman Background Negative, with its remarkably fine grain, its surprising speed, and its excellent processing charac- teristics, completely solves the film prob- lem of the composite shot. Eastman Kodak Company. (J. E. Brulatour, Inc., Distribu- tors, New York, Chicago, Hollywood.) EASTMAN Background Negative THE ROXY, M.Y, START Books Four at a C/i" JANUARY 15 BY CANDLELIGHT PAUL LUKAS ELISSA LANDI Nils Asther Dorothy Revier Esther Ralston JANUARY 19 CROSS | COUNTRY CRUISE LEW AYRES JUNE KNIGHT 1 Alice White — Alan Dinehart Eugene Palette— Henry Armetta | HE NEW YEAR RIGHT! rom Universal I FEBRUARY 9 A DAME SPY FAY WRAY NILS ASTHER Edward Arnold — John Miljan Noah Berry — Robert Ellis David Torrence MOTION PICTURE DAILY Friday, January 5, 1934 Looking 'Em Over "Marriage on Approval" (Monarch) There is enough general production value and interest in this story of today's younger generation to warrant attention for it from subse- quent runs and double featuring houses. It has an added advan- tage in such cast names as Barbara Kent, William Farnum and Donald Dilloway. The plot is based on the unusual moral code for a minister's daughter, played by Miss Kent, which permits her to live, to all intents and pur- poses, with the man she loves without being married to him, in order to keep a promise made to her father that she would not marry before she was 22. The marriage, however, had actually been performed by a justice of the peace following a roadhouse party, although the girl did not remember it, and her husband, played by Dilloway, refrained from telling her for fear that an estrangement might result because of his part in thus making her break her promise to the father. The dis- closure of the marriage eventually makes possible a reconciliation be- tween the young couple and the girl's family. The background of the story involves misunderstandings which threaten the relationship be- tween Miss Kent and Dilloway after they leave home together. William Farnum is cast as the girl's father. "Sensation Hunters" (Monogram) "Sensation Hunters" is a mild yarn of a pattern quite familiar. It is the tale of the cabaret gal "different" from her sisters in the profes- sion who gets herself a job in a Panama honky-tonk. There she meets a chap who is representative of an American air transport company. She falls for him in an effort to forget about a chap with whom she became madly in love aboard the steamer that brought her south but who broke off over a misunderstanding. When the Panama lover dies in an air crash, the girl finds herself driven to singing in the lowest of dives. In the end she is saved from giving herself to a life of shame by the nick-of-time arrival of the lover whom she has been seeking to forget. The whole thing is a bit too implausible but the cabaret atmosphere and the down-to-earth dialogue will do much to get it over. Marion Burns is the girl and Preston Foster and Kenneth MacKenna, the lovers. The best performance, however, is that of Arline Judge as a cabaret performer. "The Trail Drive" ( Universal) "The Trail Drive" presents Ken Maynard in a fast and exciting tale with a plot that deviates from the routine enough to give it added inter- est. There is plenty of action to keep the kids on tenterhooks. The story tells of a group of settlers in the Texas cow country who sell their livestock to the big shot dealer of the country, who offers to pay them in script, which he will redeem when business improves. He plans to double-cross the sellers by having the cattle driven into New Mexico, where there is no redress. Maynard, as the dealer's foreman, gets himself unwittingly drawn into the mess. He squares himself when he brings his boss to justice. The romantic angle between Haynard and Cecelia Parker is handled in the usual western fashion. There is a fist fight between Maynard and the villains of the story that is a whopper and a tingling pursuit sequence. William Gould as the villain-in-chief is all right. Alan James directed acceptably. "Sweden — Land of the Vikings" (John W . Boyle) John W. Boyle, a former president of the American Society of Cinematographers, who produced this travelogue in Cinecolor, deserves credit for an exceptionally interesting piece of entertainment. The photography, even without the color, would have been splendid. With it, it is gorgeous. Off-screen narrative by Wilfred Lucas is done with a touch of humor and some emotion, and there is incidental music. Scenes show the departure of the Kungsholm from New York, ship- board scenes, and the arrival of the ship at Goteborg — Gothenburg. The trip is through a cross-country canal by boat, to Stockholm; to an in- terior town where native weaving is taught and customs and games are presented; to the island of Gotland, where Gothic architecture orig- inated, and across country via railroad. The picture is feature length. "Rafter Romance" (Radio) With Ginger Rogers, Norman Foster, George Sidney and Laura Hope Crewes, a novel story and capable direction of William Seiter, "Rafter Romance" becomes an entertaining picture. The story concerns two youngsters, Miss Rogers and Foster, who, although unacquainted, are forced to occupy the same room in Sidney's boarding-house, Foster having the room by day and Miss Rogers by night. The conception that each has of the other and the pranks they play, afford many laughs. They finally meet, but on the outside, fall in love, and the picture winds up with the conventional happy ending. Miss Crewes is grand as an inebriated society woman in love with Foster, and Sidney gives another of his fine characterizations. Both Miss Rogers and Foster handle their parts in their usual competent manner. "// / Were Free," which opened at the Music Hall yesterday, was reviewed on Dec. 8. MOTION PICTURE DAILYS HOLLYWOOD PREVIEW (.Continued from page 6) and his gal, Helen Mack, manifest their deep love, tragic yet unafraid. The dramatic dilemma of a debby and her beau and that of a guy and his gal manifest two kinds of love by contrast and unfold an action gleaming with excitement. While March and Miss Hopkins give good accounts of themselves and are pulling names for the box-office, Helen Mack is the cast's stand- out, giving a sincere portrayal, quivering with restrained intensity. After this, she bears watching. George Raft contributes a fine job also. The direction by James Flood departs from the usual paths in sustain- ing interest. Adapted from the play "Chrysalis," the story and dialogue by Sidney Buchman and Thomas Mitchell, is nicely built. With the trend seemingly away from realism to romance, "All of Me" should give a good account of itself, neatly combining mass and class appeal in an emotional register. Schaefer to Atlanta George J. Schaefer leaves today for Atlanta and Dallas, where he will hold pep meetings of Paramount managers. Tucker Sponsors Fund Sophie Tucker is sponsoring a fund for an eye operation required by Eva Tanguay. Its "Madame Spy" Motion Picture Daily's coast re- view on "Madame Spy" (Universal) appeared as "Woman Spy." Para. Picks "Cinderella" Hollywood, Jan. 4. — Satisfied with the reception given "Alice in Wonder- land," Paramount has decided on an- other Christmas picture with Char- lotte Henry. It will be "Cinderella." Lanny Ross is being considered for the Prince Charming role. Change Dietrich Title Hollywood, Jan. 4. — Paramount has changed Marlene Dietrich's "Cath- erine, the Great" to "The Scarlet Empress." Spence, Rowland Coming Hollywood, Jan. 4. — Ralph Spence is on his way east to close a deal for a series of humorous articles for a news syndicate and for a radio tieup. Also eastbound is William Rowland, who will confer with Jack and Harry Cohn on a proposed releasing deal for Rowland-Brice product. McDonough Delayed J. R. McDonough, general manager of RKO, will not get away for the coast today as planned, but will mo- mentarily. by last Woolsey in Town Robert Woolsey, accompanied Dorothy Lee, arrived by plane night to join Bert Wheeler, who has been here making arrangements for the comedy team's appearance on the stage and over the radio. Anocinema Gets Right Anocinema Export has secured dis- tribution to United Newsreel shorts, "Broadway Gossips," and "The American Explorer." The films will be dubbed in Spanish. Friday, January 5, 1934 MOTION PICTURE DAILY Radio Starting 11 Films This Month Hollywood, Jan. 4. — Radio will put 11 features into work this month. Three are already under way. They are: "Success Story," "Transient Love" and "So You Won't Sing, Eh?" Those to start are: "Finishing School," "Strictly Dynamite," "Fam- ily Man," "The Crime Doctor," "I Love An Actress," "Three Stand Alone," "Escape to Paradise," "My Gal Sal." Goldberg Ampa Hit Lou Goldberg's debut as chairman of the Ampa was a huge success yes- terday. Eddie Peabody entertained with a banjo solo, Harry Hershfield told a few funny stories, Hector Fuller praised the Hoys organization, the Ampa and J. J. McCarthy on the results of the clean advertising cam- paign. George Bancroft spoke briefly, as did Charles Judels, Bernhard H. Ritter. publisher of the Staats-Zeitung and Journal of Commerce, Dudley Field Malone, Marshal Neilan and Mrs. Helen Ogden Reid of the Herald- Tribune. Indianapolis Keith Dark Indianapolis, Jan. 4.— Keith's, op- erated by the Switow brothers and Ike Libson of Cincinnati, has been closed. The house, operated since last September with second run, Grade B pictures, was formerly a legitimate spot. James D. Kennedy has been manager. Hollywood - By BILL Hollywood, Jan. 4. — For some rea- son or other producers cannot break away from the tradition of "mob psy- chology" in the selection of stories. M-G-M is rushing preparation for an- other "spy" story with Marion Davies and Gary Cooper to be co- starred in a play to be taken from the Robert W. Chambers' novel, "Opera- tor 13." Miss Davies will portray the sensational role of the "Mata Hari of the Civil War," and Cooper her soldier lover. • Several "under cover" agents are now operating in Hollywood for home-office executives of the various major organizations. Their job is chiefly to cover previews and report the audience reaction. • After building a complete auto camp on the desert of Victorville at considerable cost for summer atmos- phere for "Heat Lightning," Warners were forced to abandon the location and reproduce the locale on one of the closed stages at the studio where they could control the exhaling of foggy breaths from the actors on the desert location. • Speaking of air express service, a studio executive blew up when he dis- covered it took only 20 hours for a can of film to reach the Glendale air- port from New York, a distance of 3,000 miles, but required five hours to deliver from the airport to Holly- wood, a distance of eight miles. On Parade SWIG ART Cartoon shorts have become so popular on the Pacific Coast that sev- eral of the neighborhood houses are playing Saturday morning matinee cartoon programs one hour long. These matinees have met with success- ful response from the juvenile at- tendance. • Joe Riley, director of public safety for the Fox studios, has assigned one of his burly policeman to watch over George White, who is inclined to be somewhat negligent in keeping his ap- pointments with the production unit now engaged in transferring his "Scandals" to celluloid. The producer will invariably order everyone on the set at a certain time then forget to show up. The copper is detailed to shadow him and keep him informed of pending appointments. • OiVE MIGHT BE SURPRISED TO LEARN that someone sent Ricardo Cortez a black face ham to his wedding shower upon learning of a reported feud with Al Jolson. . . . Charity seems to be the keynote for fame and fortune. . . . Marion Davies entertained and supplied baskets and toys to more than 1,000 families and children at the M-G-M lot. . . . June Knight is clothing and feeding three families. . . . Baby Le Roy received so many presents from his admirers on the Paramount lot that he shared them with the children of the Holly- wood Community Hospital. II Des Moines Takes Leap for Year End Des Moines, Jan. 4. — Aided by midnight shows in all the first runs and a stage show, this town closed the old year with a big $32,000. The old high for seven days was $31,000. The Paramount had the best take, $8,500 on "Lady Killer" and the stage show, "Artists' Models." The Des Moines was next in line, taking $8,000 on "Mr. Skitch," again proving Des Moines is a Will Rogers town. The biggest increase over average was scored by the Orpheum on "Fly- ing Down to Rio," $7,500, compared with an average of $3,000. The Gar- den was up $1,000 above its average, taking $4,000 on "Too Much Har- mony." Estimated takings for the week end- ing Dec. 30: "LADY KILLER" (Warners) PARAMOUNT — (2,300), 10c-35c-50c, 7 days. Stage: "Artists Models." Gross: $8,500. (Average, $7,000.) "MR. SKITCH" (Fox) DES MOINES— (2,200), 10c-3Sc-50c, 7 days. Gross: $8,000. (Average, $6,000.) "WHOOPEE" (U. A.) STRAND— (1,900), 10c-25c-35c, 7 days. Gross: $4,000. (Average, $3,500.) "TOO MUCH HARMONY" (Para.) GARDEN— (1,300), 10c-25c-35c, 7 days. Gross: $4,000. (Average, $3,000.) "FLYING DOWN TO RIO" (Radio) ORPHEUM— (2,300), 10c-35c-50c, 7 days. Gross: $7,500. (Average, $4,500.) Minnesota Houses Open Minneapolis, Jan. 4. — That busi- ness in this territory is on the mend is evidenced by the report from the Film Board of Trade that only one theatre has closed and 18 have opened the past 30 days. "THE MAD AGE" Pre-release title, "This Is America" Produced by FREDERIC ULLMAN, Jr. Now playing in the Metropolitan area in 40 LOEW THEATRES State Right Territory Available BEEKMAN FILM CORPORATION 35 West 45th Street, New York Phone: BRyant 9-1300 Available to exhibitors in New York, Buffalo, Philadelphia and Washington territories through Hollywood Film Exchanges, Inc* OUT OF '33 WITH A BANG FOX has the money pictures coming . . . and going strong! Hire extra ushers ... arrange for extra shows... when these three crowd-pullers reach your house. One a current key-city clean-up. . . another starting in a great big way. . . a third you'll be setting in for extra playing time. It's pleasant dreams for showmen when they date in hits like these! Your patrons always like FOX MOVIETONE NEWS NOW PILING UP outstanding grosses in the: State Theatre, Los Angeles; Stuart Theatre, Lincoln; Alabama Theatre, Birmingham; Roxy Theatre, New York; Apollo Theatre, Indianapolis; Fox Theatre, Detroit; Warfield Theatre, San Francisco; Orpheum Theatre, Denver ... everywhere. The verdict: Rogers' best in years! INTO 34 WITH TWO SMASHES! STARTING OFF at a ter- rific pace in pre-release run at the Four -Star Theatre, Los Angeles. Smash busi- ness building daily, hourly . . . with unparalleled word- of-mouth and newspaper raves. Management antic- ipates sensational four- week run. I Am Suzanne! with GENE RAYMOND LESLIE BANKS Podrecca's Piccolt Marionettes. Story and screen play by Edwin Justus Mayer and Rowland V. Lee. Directed by Rowland V. Lee. JESSE L. LASKY Production i JANET V GAYNOR LIONEL BARRYMOR Carolina COMING UP. A cast ablaze with talent ... a story alive with love, drama, music, laughter ... a wisp of a girl who bursts into sleepy Carolina, upsets tradition, awakens romance, stirs up excitement everywhere. Look for "State Fair" grosses ... or better! ROBERT YOUNG RICHARD CROMWE1 HENRIETTA CROSM MONA BARRIE STEPIN FETCHIT »m "The House of Connelly" b) Paul Green irected by Henry King MOTION PICTURE DAILY 14 ITOA-Union To Talk Wage Scales Today (Continued from page 1) kept both organizations at swords' points in recent weeks. Today's conference was fixed fol- lowing a meeting yesterday at I.A.T. S.E. headquarters, where amity was pretty much the order of the day. Present were Division Administrator Sol A. Rosenblatt, representing the Recovery Administration ; William C. Elliott, president and Fred Dempsey, vice-president, of the I.A.T. S.E. ; Harry Brandt, president of the I.T. O.A. ; Milton Weisman, his attorney ; Harry Sherman, president of 306, and Samuel Birnbaum, his attorney. I.T.O.A. scales, fixed in the neigh- borhood of $75 and up, have aroused the opposition of Local 306, which in- sists on and has been getting, a scale several times higher in certain types of theatres. New Theatre Union To Draft Pay Rates New wage scales for ushers, door- men, janitors, cashiers and ticket tak- ers will be drafted as a basis for collective bargaining with theatre op- erators at a meeting of the 1,000 members of Local 118, Building Ser- vice Employes' Union, to be held at Bryant Hall Jan. 10. Organization of the unskilled the- atre employes and plans for next week's wage scale meeting were de- tailed in Motion Picture Daily on Dec. 11. IATSE Is Denied Writ Against IBEW Hollywood, Jan. 4.— The I.A.T. S.E. suit to get an injunction against the I.B.E.W. to spike an allegedly collusive agreement with major stu- dios was decided today in favor of the latter by Superior Court Judge Leon R. Yankwich, who denounced the for- mer for bringing the matter to court when, he said, labor unions have been fighting for years against injunctions. The court asserted I.B.E.W. contracts with studios were free of any collu- sion. Mrs. Bella Cohn Buried Funeral services for Mrs. Bella Cohn, mother of Harry and Jack Cohn, who died Saturday, were held yesterday at the West End Funeral Chapel, 115 West 79th st. Burial was at the old Mt. Carmel Cemetery, Cypress Hills. Hollywood, Jan. 4. — All activity ceased at Columbia studios today from 10 to 11 A. M. in tribute to Mrs. Bella Cohn, while her body was being laid to rest in New York. Would Ban Nudist Films Hollywood, Jan. 4.— With "Elysia" in its seventh week here, a resolu- tion has been presented to the City Council demanding a ban on all nudist films through an amendment to the ordinances governing indecent shows. Amusing "The Rasslin' Match," first of the Amos 'n' Andy cartoon series, Van Beuren-produced, with black-and-white figures representing the comedians but given expression through the team's actual voices, opened at the Music Hall at the supper show last night. The cartoon work is well done, the entire conception nicely handled. The initial subject is amusing on all counts. K. "U" Moving Soon to Rockefeller Center (Continued from page 1) be redecorated and connected with stairways. The lease is for 10 years. Floor area will be somewhat larger than the present four floors in the Heckscher Building at Fifth Ave. and 57th St., which have been occupied since Oct., 1924. Provision will be made for about 300 employes in the executive, sales, export, accounting, advertising, publicity, exploitation, purchasing, accessory and eastern scenario offices; Universal Weekly, Universal Newsreel, and art and post- er departments. The newsreel office is to be laid out like a city room with ticker service and U. P. and A. P. wires, as well as a machine for en- larging newsreel clips. Cameramen's headquarters will also be there, but the editorial department will remain in the laboratory on West 146th St. This is Universal's third move. It began at 1 Union Square and moved to 1,600 Broadway in May, 1912. "U" Sets Starting Dates on 11 Films Hollywood, Jan. 4. — Following a series of conferences between Carl Laemmle, Carl Laemmle, Jr., and James R. Grainger, Universal has set release dates and production starting dates on 11 features for 1934. First to get under way will be "Countess of Monte Cristo," now being adapted by Karen de Wolfe from the Walter Fleisch play. It starts Jan. 10 with Karl Freund directing. "If I Was Rich" goes into pro- duction Jan. 15, with Edward Ludwig direct- ing. Earle Snell is doing the adaptation from the stage play by William Anthony McGuire. The B. F. Zeidman production, "Glamour," from the Edna Ferber novel, goes into work 10 or 15 days later. Doris Anderson is doing the script. These are for March release. For April release is an untitled Edmund Loew starring vehicle, "The Human Side," by Christine Ames, and "Bachelor Wife," by Harry Segall. Writing, directorial and cast assignments on these films will be announced by Carl Laemmle, Jr., prior to his departure for Europe Jan. 15. "Elizabeth and Mary," an original cos- tume screen play; "Today We Live," the Frank Borzage production; "Little Man, What Now?", featuring Margaret Sullivan, and ;'The Practical Joker," with Chester Morris, have been spotted on the May re- lease schedule. Director John M. Stahl is now working with George O'Neil on the adaptation of Fannie Hurst's "Imitation of Life," slated for cameras before March. An untitled story by James Whale is now being pre- pared in London, with R. C. Sheriff colla- borating with Whale. Ken Maynard, with two more features to make before completing his universal contract, begins "Honor of the West" Jan. 15. James R. Grainger, "U's" general sales manager, arrives in New York from a cross-country sales trip Mon- day morning. Buck Reveals Joint Where Bear Got Him Frank Buck, the big "Bring 'Em Back Alive" and "Wild Cargo" man from Singapore, returned to New York yesterday after 10 months in wild animal territory, and displayed a heavily bandaged knee to a group of trade paper reporters gathered in the office of Amedee J. Van Beuren, for whose company Buck's latest pic- ture was made. "A bear got me," Buck explained, rolling up his trouser leg to reveal the thickly swathed joint. "I didn't know there were bears in the Malay Peninsula," remarked an unsympathetic reporter. "Let's see the bite," he added, skeptically. "Well, anyway, it made a good story for the newspapers," sighed a Van Beuren publicity man as Buck rolled down his trouser leg without unraveling the bandage. Buck sent back over 100,000 feet of film which will be cut and edited to about 7,500 feet and released through RKO Radio about March 15 as "Wild Cargo." The adventure man thinks his new picture will have it "all over on 'Bring 'Em Back Alive,' " because it has "more action, more menace and faster story development," he said. Phil Reisman and Cress Smith were members of an RKO welcom- ing delegation which greeted Buck in Van Beuren's office. Buck and his wife were guests at noon at a Tavern luncheon. Present were George Bye, Conrad Berkovici, "Bugs" Baer, Joseph Connelly, Charles Colebaugh, Ned Depinet, Will Du- rant, Delight Dixon, Clayton Heer- mance, Harry Hansen, Sam Jacobson, Bradley Kelley, J. P. McEvoy, Fred McConnell, Rutgers Nielsen, Ursula Parrott, Richard L. Simon, M. L. Schuster, Frank Snell and Van Beuren. Paramount Heading For Rush at Studio Hollywood, Jan. 4. — With five fea- tures in work, Paramount is planning to start eight more this month and four more in February. Seven are in process of editing. Features in production are : "The Scarlet Empress," "Bolero," "No More Women," "Good Dame" and "Baby in the Icebox." Those sched- uled to start this month are : "Melody in Spring," "We're Not Dressing," "The Trumpet Blows," "It Ain't_ No Sin," "Murder at the Vanities," "Honor Bright," "Come on Marines" and "The Man Who Broke His Heart." Those on the February start- ing list are: "Double Door," "Often a Bridegroom," "Thirty Day Prin- cess" and "Little Miss Marker." In process of editing are : "Four Frightened People," "All of Me," "The Last Round-Up," "Miss Fane's Baby Is Stolen," "Search for Beauty," "Six of a Kind" and "Death Takes a Holiday." Radio Gets Austen Novel Radio has acquired the rights to Jane Austen's "Pride and Prejudice," and is planning to make it as a "com- panion picture" to "Little Women." Katharine Hepburn will probably be starred. Friday, January 5, 1934 Budget Total For U. S. Set At 6 Billion Washington, Jan. 4. — A national debt of nearly $32,000,000,000 by June 30, 1935, today was indicated by budget estimates of nearly $6,000,000,- 000 for the fiscal year beginning July 1, next, sent to Congress by President Roosevelt. The budget for the coming year will be approximately $3,000,000,000 less than is to be spent during the current year, proposing the gradual withdraw- al of the Government from relief work. The President estimates that only $2,- 000,000,000 will be required during the next fiscal year, less than a third of the current appropriations, while ex- penditures for normal operation of the Federal establishment will show a slight increase, but, less public debt requirements, will be under $3,250,- 000,000. Estimates for the Navy carry $85,- 000 for purchase and rental of films, the same amount as for the current year. Actual expenditures for this service in 1933, before the present economy program was adopted, were $130,000. The usual sum of $165,000 is carried for film and other recrea- tional and athletic equipment. A small increase, from $23,479 to $28,065, is proposed for the Special- ties and Motion Pictures Division of the Department of Commerce. The appropriations for film work in the Department of Agriculture is to be in- creased from $59,115 to $61,806. Of interest to exhibitors, the budget contemplates the restoration of one- third of the 15 per cent pay cut now in force, beginning July 1, next. British Films Show Big Jump in Canada Washington, Jan. 4. — Canadian imports of British films have tripled during the past 12 months, according to reports to the Motion Picture Divi- sion of the Bureau of Foreign and Domestic Commerce from Consul Da- mon C. Woods at Toronto. The figures are based on reports of the Ontario Board of Censors which show that for the fiscal year ending Oct. 31 76 of the 490 films offered for censorship were of British origin. All other films censored, except two. were American. Frisco Paramount Switches to Duals San Francisco, Jan. 4. — Still bat- tling for grosses in the local price war, the Paramount, which only two weeks ago reduced its general admis- sions from 55 to 40 cents, has now gone double bill. The first bill under the policy is "Design for Living" and "Smoky." "Alice in Wonderland," which ran only five days, closed the house's single feature policy. Levine Heading East Hollywood, Jan. 4. — Nat Levine has left for the east. He will visit exchanges on the way to New York. A HEADLINE CAST GIVES A FRONT-PAGE SHOW! Entertainment stars give their talent- Motion Picture Daily gives this space- So you GIVE A HAND! BE ON HAND at the MILK a„<. EGG LEAGUE - - BENEFIT - - FOR THE LOS ANGELES SANITORIUM FOR NEW YORK'S TUBERCULAR POOR NEW AMSTERDAM THEATRE 42nd STREET WEST OE BROADWAY SUNDAY, JAN. 28 • • • 8:15 P. M. • With 1,001 Stars of Stage, Screen, and Radio • A GRAND SHOW! A GRAND CAUSE! .... AND WHAT A GRAND AND GLORIOUS FEELING FOR YOU to know you've helped bring health and happi- ness to hundreds of New York's unfortunates! A PERCENTAGE OF THE PROCEEDS WILL BE DO- NATED TO THE ACTORS' FUND OF AMERICA. Make your reservations NOW! TICKETS ON SALE AT THE NEW YORK STRAND Or 'Phone Circle 7-5900 Campaigns must be fully documented with proofs of activities, not merely a list of them. . Send your campaign to "Fugitive Lovers Contest," M-G-M, 1540 B'way. N. Y. C. The judges are: "Chick" Lewis, Showmen's Round Table; A. Mike Vogel, M. P. Herald; W. R. Ferguson, M-G-M. IWM It uJ|o +o a. WHAT CAPITOL, N. Y, IS DOING 1— Teaser ad campaign in newspapers 8 days in advance. 2— N.Y.TJaily Mirror stunt: "FIND THE FUGITIVE LOVERS." 3— Teaser tack cards, teaser 1 -sheets and three sheets. 4— Special dodger for mailing and giveaway purposes. 5— Radio sketch WOR, Mon., Wed. & Fri. 6— Tie-up with Greyhound Bus Lines. 7— Special teaser 24-sheet block posters. 8— Parade of busses with banners to Capitol opening day. 9— Camera on truck perambulator looking for "Fugitive Lovers" in N. Y. 10— Special press stunts. Increased advertising budget. The Leading Daily Newspaper of the Motion* Picture Industry MOTION PICTURE DAILY Alert, Intelligent and Faithful Service the Industry in All Branches VOL. 35. NO. 5 NEW YORK. SATURDAY, JANUARY 6, 1934 TEN CENTS Guild Elated By Chance to Act on Code Writers to Name 10 for Committee Choices Hollywood, Jan. 5. — Describing it as a notable victory for the Writers' Guild, Ralph Block, acting president, has informed the organization that it has been vested with authority to supervise the nomination of screen writers' representatives on code prob- lems, which means virtual recognition of the guild by producers. Since a majority of the writers are members of the guild, it is regarded as a virtual certainty that the code representatives will come from its ranks. Ten will be named, and from this group Division Administrator Sol A. Rosenblatt will select five to meet with producers' representatives for the adjudication of all writers' prob- lems which may arise under the ad- ministration of the code. One writer will also be named to the Code Authority and another to the agents' committee. The choices will be made Jan. 15. A nominating committee is now at work. 'With this official recognition, guild members see a hope of gaining their two major objectives — collective bar- gaining and a basic standard contract. Bulletin by Casey Stirs Guild's Ire Hollywood, Jan. 5. — Perturbed over their interpretation of Pat Casey's first official bulletin to produ- cers concerning the code application to extras, the Actors' Guild has dis- patched to Division Administrator Sol A. Rosenblatt the following telegram: "Bulletin No. 1, issued to all pro- ducers by Pat Casey to govern conduct of the studios with regard to extras, will be handed you by Eddie Cantor. It is an insolent attempt by the stu- dios to evade the code. In the case of bit players and extras the code (Continued on page 3) Not a Tie-up Paramount Distributing Corp. is now in the liquor business in Brooklyn, only the company has nothing to do with the corporation which sells Paramount pictures. Exhibitors Query Authority On Final Date for Signing Numerous queries were received by members of the Code Authority yesterday from exhibitors and others in the industry throughout the country seeking information as to when code assent forms would be ready. The telegrams were sent in view of the proximity of the original date, Jan. 10. All wires were answered yesterday after it had been definitely established by the authority on Wednesday evening that midnight, Jan. 31, would be the new deadline for compliance returns to be in the mail and midnight, Jan. 20, as the last day for sending in recommendations to the 64 clearance and zoning and grievance boards. Saenger Case Settled; 1st on Overbuying Washington, Jan. 5. — Satisfactory settlement of the first case of overbuy- ing brought before the attention of Di- vision Administrator Sol A. Rosen- blatt was announced today by the Re- covery Administration. The case in- volved 206 features purchased by the Saenger circuit. Al Yoeman of Meridian, Miss., was the other party. Eighty-five per cent of the complaints reaching the division administrator re- (Continued on page 3) New Union to Seek Government Probe A Federal investigation of alleged code violations by members of an independent exhibitors' organization here will be sought by Local 118, Building Service Employes Union, which charges through Charles C. Levey, secretary, that janitors are worked as much as 84 hours a week by the houses in question. Levey said that the 25-cent-an-hour minimum code wage had been made the maximum for practically all ush- (Continued on page 3) Union Probes Code Violations in K. C. Kansas City, Jan. 5. — Investigation of reported violations of code labor provisions is under way in this area by the I. A. T. S. E., according to union officials here. William C. El- liott, I. A. T. S. E. president, has detailed Walter S. Croft, his assist- ant and international representative, (Continued on page 3) Pay Queries May Go Out Coming Week Washington, Jan. 5. — Returning to Washington this morning after nearly a week in New York, Division Ad- ministrator Sol A. Rosenblatt resumed consideration of the salary question- naire which will be sent out to the industry as the initial step in the in- vestigation ordered by the President in his approval of the code in November. The questionnaire, it was said, will probably be ready for distribution some time next week. NRA to Give More Time to Sign Forms Washington, Jan. 5. — Recovery Administration officials today were considering an extension of the time within which distributors and exhib- itors may file their assent to the code. It is expected that an order fixing a time which will be sufficient for the blanks to reach the coast and be re- turned will be issued within the next day or so by Administrator Hugh S. Johnson. It is believed the final date for the filing of acceptances will be fixed as Jan. 31. Authorities to Meet On Code Complaints Washington, Jan. 5. — Members of all code authorities are expected to be called to Washington next month by General Hugh S. Johnson for a full discussion of matters relating to com- pliance and complaints, it was made known today at the Recovery Admin- istration. Representatives of well over (Continued on page 3) Grosses End Katz-Rowland Option on "IT Laemmle, Grainger Say Company Now Clear Hollywood, Jan. 5. — Admitting that an option on the company had been held by Sam Katz and Richard A. Rowland, Carl Laemmle, Sr., and James R. Grainger declared prior to the latter's departure for the east Thursday night that Universal is now clear and above all options for some time to come. Both of them stressed the statement the company is sound insofar as both production and sales are concerned. They dismissed the story of the Katz- Rowland option, widely reported in the last few months, by conceding its one-time existence until along came "Counselor-at-Law," "Only Yester- day" and "The Invisible Man," when the price went up. There have been options in other years, they stated, citing the exist- ence of one, held by parties not named, until "The Beasts of Berlin" hit the release and told of another which dis- appeared, too, when Universal re- leased "All Quiet on the Western Front." Grainger returns here in May, when the final seven of the company's schedule of 36 will go into production for completion by August. Ten are slated for completion between now and May. G. T. E. -Chase Pact Is Filed in Court Wilmington, Jan. 5. — A proposed compromise agreement with the Chase National Bank of New York has been filed in the Chancery Court here by U. S. Senator Daniel O. Hastings, Wilmington receiver for General The- atre Equipment, Inc. The hearing has been fixed for Feb. 23. The proposed plan provides that the Chase Bank is to reduce its claims (Continued on page 3) Mickey to Blush London, Jan. 5. — Eventu- ally, Mickey Mouse will be made in Technicolor like the Silly Symphonies, Joseph M. Schenck told a sales conven- tion of British United Artists. MOTION PICTURE DAILY Saturday, January 6, 1934 MOTION PICTURE DAILY (Registered U. S. Patent Office) Vol. 35 January 6, 1934 No. 5 Martin Quigley Editor-in-Chief and Publisher MAURICE KANN Editor ucca Streets, Victor M. Shapiro, Manager; Chicago Bureau: 407 South Dearborn Street, Edwin S. Clifford. manager; London Bureau: 1021 A Finchley Road, Golders Green, Bernard Charman. Representative; Berlin Bureau: Berlin-Tem- pelhof, Kaiserin-Augustastrasse 28, Joachim K. Rutenberp. Representative; Paris Bu- reau: 19, Rue de la Cour-des-Noues, Pierre Autre. Representative; Rome Bureau: Viale Gorizia, Vittorio Malpassuti, Representative; Sydney Bureau: 102 Sussex Street, Cliff Holt. Representative; Mexico City Bureau: Apartado 269, James Lockhart. Representa- tive; Glasgow Bureau: 86 Dundrennan Road, G. Holmes, Representative; Budapest Bureau: 11 Olaaz Fasor 17, Endre Hevesi, Representative. 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. Nelson Eddy Re-Signed Hollywood, Jan. 7. — Nelson Eddy has cut his concert tour short because he carries a new contract with M-G-M. He was to have returned in May, but will report in March for a role in the musical version of "The Prisoner of Zenda." Fox Re-Signs Rogers Hollywood, Jan. 7. — Will Rogers has signed a new long term contract with Fox. He is now working in his 14th picture for this company, "David Harum," and is starting his sixth year. Englewood Is Sold Walter Reade has bought the Engle- wood Theatre, on Main St., that town, from Frederick Brown. The house has a seating capacity of 850 and is assessed at $225,000. Cleveland Jumps 40% Cleveland, Jan. 7. — Nat Wolf, Warner zone manager, reports War- ner houses in his territory during the holidays, went 40 per cent over the same period of the previous year. To Show "Catherine" London, Jan. 7. — "Catherine the Great," produced by London Film Prod., Ltd., with Douglas Fairbanks, Jr., will be trade shown at the Prince Edward on Jan. 16. Griffith to Dallas Denver, Jan. 7. — R. E. Griffith, president of Westland Theaters, Inc., and an executive of Griffith Amuse- ment Co., Oklahoma City, has moved his family to Dallas. LeVs Clean UP as Well As ON Pictures— Mickey Personalities With Stories Needed — Kent {Continued from page 1) ties, he delved into box-office records of 1933 and appeared content to rest his contention on the record. "A lot of fine pictures distributed last year by all producers failed to click due to a lack of names to pull in the public in a shopping market," he said. The Fox president's immediate task, now that he has returned, is to set up a budget on which his company will operate for the first fiscal quarter of the new year. He made the statement recently that the budget, plus the course of business in the next few weeks, would be determining factors in deciding whether or not partial or all salary restoration would be ex- tended company employes. Johnsons Return Soon Chanute, Kan., Jan. 7. — Airplanes are expediting the work of Mr. and Mrs. Martin Johnson, who are mak- ing a jungle picture in Africa, and the explorers expect to return to America months ahead of schedule, thev have informed relatives here. "Lovers" Take Air M-G-M is seeking to build advance interest in "Fugitive Lovers," which opens at the Capitol Friday through a series of three five-minute serial broadcasts over Station WOR at 6:45 P.M. tonight, Wednesday and Friday. Maureen O' Sullivan Back Hollywood, Jan. 7. — After an ill- ness of a month following an oper- ation for appendicitis, Maureen O'Sul- livan returned to work yesterday on "Tarzan and His Mate" at M-G-M. (Continued from page 1) thousands and happiness to millions. Let's do more in 1934 ! America, there's your slogan ! During the 12 months to come, my boss, Walt Disney, will make 13 Silly Symphonies in Technicolor ! Will their faces be red — and green and blue and purple and yellow ! Hue said it! And he'll also make 13 Mickey Mouse productions. So while the Sillies go right on lending color to the industry, just tell the world that Mickey and Minnie will continue to keep every exhibitor on earth (and other places) in the black — and white. Coast Putting 31 Features in Work (Continued from page 1) work as compared to 26 and five for the week just ended. M-G-M continues to lead with the largest number of features in work, reporting six working, three prepar- ing and 11 in the cutting rooms. War- ners follow a close second with five working, three preparing and 14 edit- ing. Fox has four, four and five ; Paramount, three, six and seven ; Radio, three, zero and six ; Columbia, one, five and six ; 20th Century, one, zero and zero ; Universal, zero, two and zero. The independent group shows three, eight and five. The short subject group shows a total of five shorts in work, 15 pre- paring and 18 editing. M-G-M has one, two and two ; Radio, one, one and six ; Roach, zero, three and three ; Universal, zero, one and two ; Colum- bia, zero, two and two. Radio and Warners Agree Hollywood, Jan. 7. — It looks as though Radio and Warners have settled their difficulties over Leslie Howard, who was wanted by both studios at the same time. Radio has pushed "Of Human Bondage" forward to March, giving Howard time to make a picture for Warners during January and Febru- ary. Trading Light — Market Steady Columbia Pictures, vtc Consolidated Film Industries Consolidated Film Industries, pfd. Eastman Kodak Loew's. Inc Pathe Exchange "A" RKO Warner Bros Trans Lux. Net High Low Close Change Sales . 23 23 23 — JA 100 ■ W 3!4 3J4 + Vt 100 . 11% 11% 11% + 'A 100 . 79'A 79/2 79/2 - V* 100 . 26% 25% 26 800 - 10% 105,6 10% 300 • 2V2 2'A 100 . 5 VA - Vs 2,900 ip Slightly Net High Low Close Change Sales S'A — % 100 3 2% 2Vs — Vt 300 Paramount Publix Bonds Off One High Low General Theatre Equipment 6s '40 3% 3l/2 General Theatre Equipment 6s '40 ctf 3% 3l/2 Loew's 6s '41 ww deb rights 87 86% Paramount Broadway S^s. 51 30!/ 3Wi Paramount Publix 5^s, '50 29^ 29!^ Warner Bros. 6s '39 wd AV/2 41 Net Close Change 3% 3% 87 30l/2 29V- 4V/2 + V* + s/s + % - V2 —1 Sales 14 8 2 5 5 S 4 Purely Personal ► HELEN WESTLEY, director of the New York Theatre Guild, has been chosen by Darryl Zanuck to play the role of Gudula Rothschild in "The House of Rothschild. Sidney Singerman, assistant west- ern sales manager for Universal, is spending a two weeks' vacation at Palm Beach. Howard Hawks is looking over New York plays before starting Co- lumbia's "Twentieth Century." Helen Morgan has been signed by Education for "One Little Smile," one of the Song-Hit series. William Gargan is in town for a short vacation. William Kinsley Arrested Cincinnati, Jan. 7. — William Kins- ley, assistant manager and treasurer of the RKO Lyric, who disappeared about 60 days ago, has been arrested at New Orleans on an embezzlement warrant sworn to by local RKO officials. He will be returned here to face the charge. Pickford Chicago Hit Chicago, Jan. 7. — Mary Pickford is ' a big hit at the Chicago, having 1 opened yesterday to capacity. With help from the weather man, it is be- , lieved she will flirt with the house record. Waxman Handling Film A. P. Waxman will handle adver- tising, publicity and exploitation on Messmore and Damon's "World a Million Years Ago," which opens at the Warner Jan. 18. This was one of the attractions at the World's Fair. Metzger Leaves Lou B. Metzger left for San Diego J Saturday, but returns to New Yorkjl in a couple of weeks en route tc| Europe. 4 THE MAYFLOWER 61st STREET, (Central Park West) | New York City CONVENIENT TO THE FILM AND THEATRICAL CENTER 1-2-3 Rooms. Full Hotel Service FURNISHED OR UNFURNISHED By the Year, Month or Day Serving Pantries Electric Refrigeration JOHN W. HEATH, Manager th e s 1 o \ c o m e the .000 YEARS PICTURE VOLTAIRE SING SING S N ATCH E R THE WORKING MAN JG'S VACATION SILVER DOLLAR MARY STEVENS, M. D. REAU OF MISSING PERSONS I'M A FUGITIVE FROM A CHAIN GANG IE WORLD CHANGES ELMERTHE GREAT GOODBYE AGAIN NNEL MURDER CASE FOOTLIGHT THE MAYOR »RTY SECOND STREET PARADE OF HELL N OF A SAILOR* 1 LOVED A WOMAN KAY FRANCIS MARG. LINDSAY VANA WIDOWS-THE LITTLE GIANT MENJOU • RUBY KEELER ♦ BETTE DAVIS OY KILLER CONVENTION CITY DICK POWELL • MacMAHON ) U S E ON GOLD DIGGERS O'BRIEN • AL JOLSON th STREET OF 19 3 3 TALBOT ^ I* o FOLLOW THE LEADERS... mm *A Warner Bros. Picture °A f irst National Picture Vitagraph, Inc., Distributors m ***** Bacon ft0SbV IN PREPARATION ANTHONY ADVERSE NAPOLEON: is Life and Loves D U BARRY C L A S S M A T E S HAROLD TEEN MOTION PICTURE DAILY Monday, January 8, 1934 Publicity on Code Choices Set for Start Charging They're Receiving Cuts, Operators File Kicks (Continued from page 1) will be checked with the list of com- pliances. No one will be selected for any of the 32 zone posts unless he has signed the compliance form. Following the naming of set-ups of the two boards in the 32 zones, ap- proval of Division Administrator Sol A. Rosenblatt will be required. It hasn't been decided yet whether offi- cial appointments by the authority will be announced for the country or by zones. From all indications now, clearance and zoning boards will not be set to function until late February, or early in March. Authority Vacancies To Await Appeals (Continued from page 1) but advises the authority of the gov- ernment's opinion on matters pertain- ing to organization structure. Whether Dr. A. Lawrence Lowell will withdraw his resignation and accept the Code Authority post has not yet been decided. If he continues adamant, his successor will be an- nounced about the same time the third government representative, a woman, will be selected. Nebraska-Iowa Men Will Discuss Code Omaha, Jan. 7.— M. P. T. O of Nebraska and western Iowa is sponsoring a two-day meeting of all exhibitors in this territory on Jan. 9 and 10 to discuss the code with par- ticular regard for regional issues. Invitations have been sent to more than 200 independent operators, ac- cording to C. E. Williams, M. P. T. O., president. (Continued from page 1) nish operators or stagehands for more than 40 hours per week for a set price, you will have to work out your con- tract and supply the additional men at ho cost to the employer." The claim is advanced, therefore, that while trimming working hours to increase the spread of employment is in keeping with the letter of the NRA. any enforced salary reductions travel- ing hand in hand with reductions in working hours to fit in with the 40- hour maximum limit fixed in the code are not. On protest of James F. Burke, business agent of the Boston oper- ators' local, it is reported Division Administrator Sol A. Rosenblatt has ruled the Hub City local is an excep- tion and is said to have permitted its men to continue their current contract of 49 hours weekly at the rate of seven working hours per day, seven days per week. This will mean a saving of $75,000 a year to men currently en- rolled in that union. Burke's protest is believed to have hinged on the state- ment his union had no men on the bench awaiting jobs and that it had no way of acquiring them. The exception made in this case is apt to result in a flood of additional protests and appeals for similar action from other cities, the understanding here appears to be. Slender Hope Held For 1TOA-306 Deal Roxy Taxes Will Be Paid in Small Sums (Continued from page 1) Roxy, hopes gradually to diminish the balance by small payments from time to time. The court must approve all payments recommended by the re- ceiver. Reorganization plans have not pro- gressed since the hearing of the re- ceiver's report before Federal Judge Francis G. Caffey on Dec. 12. At that time Carlos S. Israels, attorney for the first mortgage bondholders, ad- vised the court four different plans were under consideration and that he anticipated closing one deal before the expiration of the extended receiver's term, June 12. Federation Ad Code Comes Up This Week (Continued from page 1) now slated to meet early this week to begin work on the codes. Temporary headquarters of the Federation have been established at P. S. Harrison's office, 1440 Broad- way, pending choice of a location at 723 Seventh Ave. An investigation conducted by In- ternational Projectionist, which has been waging a campaign for clarifica- tion of code provisions relative to operators, shows 6 codes submitted to and approved by the President be- tween July 9 and Nov. 17, 1933, con- tain a general provision that compen- sation is not to be reduced, although hours of labor are. according to its editor. James J. Finn. He says the film code is silent on this point and demands to know why. New Union to Hear Speech by Mitchell Theodore Mitchell, head of the Theatre Agents' and Managers' Ass'n, is on the list of speakers who will address the first mass meeting of mem- bers of the recently organized Local 118. Building Service Employes Union, to be held at Bryant Hall tomorrow nisjit. The organization now claims more than 1.600 members in the Greater New York area, comprising ushers, doormen, ticket takers, cashiers, jani- tors and scrubwomen. New wage scales for each employe classification will be set by the meeting and em- ployed as the basis of collective bar- gaining for higher wages during subsequent meetings with theatre operators. (Continued from page 1 ) mitted a scale for independent theatres. Harry Brandt, head of the exhibitor organization, did not. It was agreed that Brandt would secure a list of authorizations from his mem- bers who want to be included in the negotiations Thursday. The I.T.O.A. meets the day before. In a campaign to get its member- ship up to date, the I.T.O.A. expelled the Springer and Cocalis circuit, the first in the drive. Unless the A. H. Schwartz group pays its dues in a short timer it will be the next to be drop]>ed from the ranks. Code violation charges against the unit will come up for hearing before the NRA tomorrow. Amity Sets Exchange John M. Crinnion, Amity president, has closed a deal with a group headed by Ben Schwartz, Henry Horowitz and Sol H. Kravits to dis- tribute Amity product through a New York Amity exchange. Also included in the agreement are the rights to distribute Tiffany and Quadruple pic- tures recently acquired by Amity from Fox. No Famous Theatre Creditor Dividend (Continued from page 1) mercial Investment Trust, Inc., •for $345,000. Famous Theatres' offer to settle these claims provides for the issuance of one share of its preferred for each $200 of claims. Assuming par value of the stock to be $100, the settlement offered would be on the basis of 50 cents on the dollar. Any cash settlement made will be on the basis of 35 cents on the dollar. Out- side creditors have been given 40 days in which to decide on acceptance or rejection of the stock settlement offer, during which time no cash dividend will be paid by Famous. A number of contested creditors' claims still remain against Publix Enterprises, and may involve litiga- tion. Irving Trust Co. does not with- draw as trustee in bankruptcy for Publix Enterprises until these have been finallv settled. Expect P-P Trustee Rule A ruling by the U. S. Circuit Court of Appeals here on an action seeking the removal of the Paramount Publix trustees in bankruptcj- is expected to be handed down today. The action was brought by Samuel Zirn, attorney for a Paramount Publix bondholders' group, and arguments were heard by the court last month. B Vay Duals In Fight for Films, Trade (Continued from page 1) a three-changes-a-week policy and re- ducing admissions from 25 cents to 15 cents. The Cohan, two blocks below the New York on Broadway, is double featuring revivals at 10 and 15 cents, as is the Globe, two blocks up on the other side of Broadway. Short- age of product set the policy of each. Gaiety Takes What It Can The Gaiety, former roadshow house, takes what it can in product, but makes an effort to get pictures as soon as possible. The tariff has been 25 cents there, but will undoubtedly be forced down by new developments. The Waldorf, on 49th Street near Radio City, entered the arena recently with comparatively new pictures double featured at 15 cents. The Broadway, at 53d St., made a brief bid for the "drifters' " trade on upper Broadway, offering double features and vaudeville for 25 cents, but went dark at holiday time, convinced that there wasn't enough business to go around. A half-dozen houses along 8th Ave. and on 42nd St., double featuring at 10 and 15 cents, are also drawing some of the Times Square trade for this type of program. Among these is the Harris, West 42nd St., which on Saturday ran "Gold Diggers of 1933," "The Fighting President" and five Disney shorts for 10 cents in the afternoon. Others May Join Them Additions to the list of houses in this competitive circle may come soon, with both the Criterion and the Em- bassy reported considering a double feature, low admission policy. The Criterion is now playing "Emperor Jones" on a return date at 25 cents and on the conclusion of the run may go to duals if product is available. The Embassy, recently closed as a newsreel house, may be reopened with duals. The result of the spread of the policy is that none of the houses in- volved in the competition is reported doing consistently good business, most of it depending upon appearance on the program of an exceptional drawing card, a comparatively recent release, which is rare, and on weather condi- tions. Frank Culp Resting Denver. Jan. 7. — Frank Culp, for- merly city manager for Fox and now booking, has taken a leave of absence because of illness, and will spend some time in California for his health. His job will be filled by Bill Dollison, moved over from the Salt Lake Citv office. Goldsmith to Make Four Hollywood, Jan. 7. — Ken Gold- smith will make a series of four out- door pictures starring Jackie Searle. Lobo, the dog, and Bingo, the horse. The first will go into production on March 1. Warners Plan $10 "Fashions" Opening As the initial step in an elaborate national exploitation campaign a pre- miere at $10 top is planned by War- ners for "Fashions of 1934" at the Hollywood Jan. 18. A fashion parade will be held on the stage in conjunc- tion with the opening. Following New York, the film will be booked into key theatres over the country. Special exploitation men will be sent from the home office to handle each showing. Warner to Coast Harry M. and Mrs. Warner sailed for Hollywood on Saturday. UNIVERSAL N E ^l)|r SREEL t first again* Once more the newsreel with Graham McNamee as the Talking Reporter hits the screens of the country FIRST with a big, important news event! . . . . Universal Newsreel No. 212, released in New York January 5, contained the first pictures of the Xmas Eve train crash near Lagny, France, which took a toll of more than 200 lives! • . • Every other reel had the same opportunity as Universal, but Universal hit the screen FIRST - - - - as usual! Announcing The STUDIO NUMBER A forthcoming special edition of MOTION PICTURE DAILY The Leading Daily ^ Newspaper of the Motion Picture Industry MOTION PICTURE DAILY Alert, Intelligent and " Faith fut ) Service the Industry in All Branches VOL. 35. NO. 7 NEW YORK, TUESDAY, JANUARY 9, 1934 TEN CENTS No Operators' Protests Yet To Rosenblatt He Declares Situation Is Being Adjusted Washington, Jan. 8. — No com- plaints of wage cuts have been re- ceived by the Recovery Administration for operators, it was said today by Division Administrator Sol A. Rosen- blatt. Commenting upon the story printed today in the Motion Picture Daily, Rosenblatt declared that the situation was being adjusted throughout the country on the basis of the conditions (.Continued on page 16) Horan Sees Union As No New Burden Chicago, Jan. 8. — Organization of janitors, window washers, ushers and doormen will not inflict any apprecia- ble burden on theatres, according to Jerry J. Horan, president of the Building Service Employes Interna- tional. Horan will leave for the east shortly to confer on wrage scales. "I have no interest in ticket sellers," Horan told Motion Picture Daily, "and I am not sure just what will be done about ticket takers. If ticket (.Continued on page 7) Code Acceptances Go To N. Y.— Rosenblatt Washington, Jan. 8. — With a large number of code acceptances coming to Washington, Division Adminis- trator Sol A. Rosenblatt today asked that all such documents be filed directly with John Flinn, secretary of Code Authority. The sending of acceptances to Washington, Rosenblatt said, merely imposes upon his office the task of forwarding them to New York. Last Batch of Code Forms Is Sent Out The final batch of 20,000 code com- pliance forms was sent out yesterday by the Code Authority. This batch was sent to nearby towns. The first list was mailed to far west points in order to give coast exhibitors and dis- tributors earliest possible delivery and urge early mailing in of the signed compliances. Board Nominees Pouring in; 200 from 23 Cities Listed Initiating its publicity campaign on recommendations for posts on the 64 clearance and zoning and grievance boards, the Code Authority today makes known 200 suggestions for can- didacy. This is the first batch and others are expected to be released daily as they come in. Exclusive of Portland, Ale., which is considered only as a distributing center, 23 key cities are covered thus far. Those making recommendations are not listed, but anyone desiring to name a distributor or exhibitor to one of the 64 posts is invited to do so by the Code Authority. According to the first list, the following territories did not report: Charlotte, Des Moines, Indianapolis, Memphis, New Haven, New Orleans, Seattle and Washing- ton. Suggestions from the territories al- Bending an Ear Fox Movietone, which re- cently stepped out of the Newsreel (Embassy) Theatre when its lease ran out, is un- derstood to be considering the Criterion. ready heard from are not final. Rec- ommendations may be made up until midnight Jan. 20. In the initial release, Kansas City and Cleveland headed the list for the greatest number of names, each recording 19. Unusual in the list of names is the fact that Meyer Schine has been sug- gested at Cincinnati, Buffalo and Cleve- land, which serve his theatres. Wheth- er he will be nominated for posts in (Continued on page 16) Trustees Stay On Para. Job, Court Decides Charles D. Hilles, Eugene W. Leake and Charles E. Richardson, were retained as Paramount Publix trustees in bankruptcy and commended on their records in an opinion written by Judge Martin B. Manton yesterday for the U. S. Circuit Court of Ap- peals here in which a petition for their removal was denied. The action seeking the removal of the trustees was brought by Samuel Zirn, attorney for a small Paramount Publix bondholders' group, and al- leged that Hilles was disqualified for (Continued on page 3) Price War to Stop Feb. 2 In St. Louis St. Louis, Jan. 8. — The local price war, initiated with the invasion of Fanchon and Marco in this city, draws to a close when on Feb. 2 the St. Louis increases matinee and evening admissions. When F. & M. took over the house about three months ago, scales were slashed and all kinds of threats were leveled at Harry Arthur and Harry Singer. On the first Friday in February the St. Louis hikes its afternoon admis- sion from 25 cents to 35 cents and the evening price will scale at 55 cents, an (Continued on page 3) New Year's Grosses Get 1934 Off to Fast Start _ Extra New Year's shows got key city houses off to a cheerful start, with grosses in some spots, Boston, Phila- delphia, Chicago, Pittsburgh and a few others reaching unusual propor- tions. "Dinner at Eight," "Mr. Skitch," "Roman Scandals" and "Little Women" were the big money-makers. Chicago popped out of its recent doldrums, with "Mr. Skitch" leading the parade at B. & K.'s Chicago, helped by a stage 'show that included Borrah Minnevitch and Roy Atwell. The take, $43,000, was over par by $9,000. "Flying Down to Rio" was strong at the Palace with $25,000, and "Roman Scandals" was a $24,000 smash in its second week at the United Artists. Boston kept up the pace it has (Continued on page 3) Roxy Resigns Post as Head Of Music HaU Rumors Link His Name To Former House S. L. Rothafel ("Roxy") yesterday announced his resignation as man- aging director of the Music Hall, effective Feb. 16. Re- ports immedi- ately linked him with a story current and recurrent for weeks, that he would return to the original Roxy, which was promoted by Herbert Lu- bin, although Roxy himself had no com- ment to make in that connection. The truth of such reports was denied yesterday by Howard S. Cullman, re- ceiver for the theatre. The resignation came as no sur- (Continued on page 6) Samuel Ii. Rothafel Yamins Dinner Set For Boston Tonight Boston, Jan. 8— A dinner to Nathan Yamins, president of Inde- pendent Exhibitors, Inc., and a mem- ber of Code Authority, at the Copley- Plaza Tuesday evening will climax a one-day convention of the exhibitor organization which gets under way in the morning. Division Administrator Sol. A. Rosenblatt has been invited to attend as have other members of Code Authority. Charles L. O'Reilly and W. Ray Johnston have accepted. Saper stein Summons Code Talk Meeting Chicago, Jan, 8.— A 14-page code analysis by Abram F. Myers of Al- lied States will serve as the basis for a meeting of local exhibitors called by Aaron Saperstein for the Congress Hotel Wednesday to discuss signing of the document. Exhibitors will be told that one of three choices faces them: Sign the code as it stands; refuse to sign, or sign with the prepared reservation of (Continued on page 3) MOTION PICTURE DAILY Tuesday, January 9, 1934 MOTION PICTURE DAILY (Registered U. S. Patent Office) Issues Steady in Sliding Market Vol. 35 January 9, 1934 No. 7 Martin Quigley Editor-in-Chief and Publisher MAURICE KANN Editor JAMES A. CRON I A 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 Kucca Streets, Victor M. Shapiro. Manager; Chicago Bureau: 407 South Dearborn Street, Edwin S. Clifford, manager; London Bureau: 1021 A Finchley Road, Golders Green, Bernard Charman. Representative; Berlin Bureau: Berlin-Tem- pelhof, Kaiserin-Augustastrasse 28, Joachim K Rutenberg, Representative; Paris Bu- reau: 19, Rue de la Cour-des-Noues, Pierre Autre, Representative; Rome Bureau: Viale Gorizia, Vittorio Malpassuti, Representative; Sydney Bureau: 102 Sussex Street, Cliff Holt. Representative; Mexico City Bureau: Apartado 269, James Lockhart, Representa- tive; Glasgow Bureau: 86 Dundrennan Road, G. Holmes, Representative; Budapest Bureau: 11 Olaaz Fasor 17, Endre Hevesi, Representative. 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. High Low Close Consolidated Film Industries 354 V/t 354 Consolidated Film Industries pfd 11% 1154 1154 Loew's, Inc 2754 26% 26% Paramount cts , 1% 1% 1% Pathe Exchange 154 154 154 Pathe Exchange "A" 10% 1054 10!4 RKO 254 2% 2% Universal Pictures pfd 16% 16Vt 16% Warner Bros 5 4% 4% Technicolor Off % on Curb Net Change - Yt - 54 + % - 54 - Yi -1/8 Technicolor High Low Close Net Change Paramount F. L. Bonds Gain High Low Close General Theatre Equipment 6s '40 354 354 354 Loew's 6s '41 ww deb rights 86J4 86J4 8654 Paramount Broadway 554s '51 30 30 30 Paramount F. L. 6s '47 30 2954 29% Paramount Publix 554s, '50 30 2954 2954 Pathe 7s '37 ww 88 88 88 Warner Bros. 6s '39 wd 4154 4154 4154 — 54 8 Net Change - % - % - 54 + 54 - 54 Sales 100 700 800 2,700 200 400 700 1,000 1,300 Sales 100 Sales 10 1 1 18 16 5 Marc Bowman Married Seattle, Jan. 8. — Marc Bowman, recently appointed manager of Jen- sen-VonHerberg's Roxy, surprised his friends this week by announcing his wedding to Miss Grace Marquis of Portland on Jan. 1. The new Mrs. Bowman is a newspaper woman. Kusell Plans Trip Milt Kusell, eastern captain in the Paramount Victory Drive leaves the end of the week for New England, Pittsburgh, Columbus, Cleveland and Cincinnati for conferences with ex- change forces in connection with the drive. Paramounteers Traveling Hollywood, Jan. 8. — John Hammel and Robert Gillham arrive from New York today. Atlanta, Jan. 8. — G e o r g e J. Schaefer arrived from New York to- day to start the first of a two-day sales meeting here. He leaves Wed- nesday night for Dallas for confer- ences with Interstate executives. Levine Due in N. Y. Nat Levine is due from coast either tomorrow or Thursday. He left Hol- lywood late last week and is making stopovers in Kansas City, Omaha and Chicago. He'll be in town for one week before heading west again. Goldwyn to Moscow Samuel Goldwyn arrives in town this morning from the coast for a few weeks' visit before sailing for Mos- cow. He also plans a visit to London while abroad. Goldwyn brought with him the first print of "Nana," starring Anna Sten. Notables Due Today Arriving on the lie de France today are Harpo Marx, Maurice Chevalier, Eric Charell, London theatrical pro- ducer; Marcel Vallee and Charles Boyer, French film stars, and Abram Frankel, French film distributor. Grainger Returns James R. Grainger, general sales manager of Universal, arrived in New York yesterday from a five weeks' sales trip during which he also visited Universal City. Randell Induction Wed. Induction of Henry Randell as president of the New York Film Board takes place tomorrow evening at the M. P. Club. Following the session, local exchange managers will attend the Ziegfeld Follies. /. L. Schnitzer Here Joseph I. Schnitzer, president of Jefferson Pictures, arrived from the coast yesterday. TWO LITTLE WORDS THAT MEAN A GOLD MINE FROM WARNER BROS. 4 Purely Personal > SOL EDWARDS, assistant sales manager for Educational, left yes terday for a tour of Fox exchanges. He will stop at Cleveland, Cincinnati, In dianapolis, St. Louis, Kansas City, Omaha, Des Moines, Minneapolis and Chicago. Carl Brisson, London stage and screen actor, arrives in New York today aboard the Aquitania on his way to the coast, where he will ap- pear in pictures for Paramount. Ben Berinstein, head of the M.P.T.O. of Southern California, ar- rives from Los Angeles today for a confab with Ed Kuykendall, M.P.T. OA. president. Howard Hawks, under contract to Columbia to direct "Twentieth Cen- tury," will arrive in town today for a look at current stage plays. Sadie Feuerstein, secretary to Al Lichtman, will be married within the next few weeks. Al Christie is back in town from Hollywood to resume work at the Eastern Service Studios. Adolph Zukor is planning to leave for the coast either today or tomor- row. Max Cohen, sales manager for the Universal New York exchange, is back from a Bermuda vacation. William Scully returns either to day or tomorrow from a southern sales trip for M-G-M. Fred McConnell, sales manager for A. J. Van Beuren, is home with a heavy cold. Leo Abrams has gone to Miami on a two weeks' vacation. William Ferguson returns today from a trip down south. Dolores Del Rio gets into New York from the coast today. Roland Pertwee, English author, has been signed to write for Columbia Jj>o4-7hu>±> Can this cock-eyed world take it? Listen to the howls of your audi- f . ences when John P. Medbury does I I the ribbing in "LAUGHING j ■ WITH MEDBURY". One reel I long and one long laugh. 1 • Qk*-, Set your dates now for "LET'S FALL IN LOVE," musical romance featuring Edmund Lowe, Ann Soth- ern, Miriam Jordan and Gregory Ratoff. Opened at Lafayette, Buf- falo, to S. R. O. business despite raging blizzard. Colleen Moore at her sparkling best in a delightful comedy drama, "SOCIAL REGISTER," and superbly supported by a cast of Broadway favorites. Directed by Marshall Neilan. Tuesday, January 9, 1934 MOTION PICTURE DAILY Trustees Stay On Para. Job, Court Decides {Continued from page 1) the post because of a former associa- tion with the Bankers' Trust Co., un- derwriter of a Paramount Publix re- financing plan with 11 other banks, and that Leake and Richardson, for- merly in executive capacities with Film Securities Corp. and Fox Film Corp., respectively, rather than being disqualified by these associations as charged in the complaint, were actu- ally of greater value to Paramount because of them. The opinion also endorsed all ac- tions taken by Henry K. Davis, ref- eree in bankruptcy for Paramount Publix, in the conduct of the election of the trustees and in subsequent pro- cedure. Referring to Hilles, Judge Manton's opinion stated that he "seems to have acted in full performance of his duty toward the creditors with regard to ligigation" to set aside the $13,200,000 refinancing program of 1931 with which Hilles's former bank was as- sociated. The opinion also found Hilles to be "accustomed to conducting large busi- ness affairs, and has imposed upon him now a trusteeship fraught with serious responsibilities, and has ex- hibited all the marks of integrity of purpose in fullfilling that trust, and under these circumstances should not be removed." The opinion noted that Hilles "had severed his directorship in the Bankers' Trust Co. at once." The abilities of Leake and Rich- ardson and their experience in the film industry was regarded in the opinion as reasons for their election as trus- tees and did not serve to disqualify them, as charged in Zirn's complaint. Zirn first sought the removal of the three trustees and of Referee Davis last spring in an action subsequently denied by the U. S. District Court here. His action denied by the higher court yesterday was heard a month ago. Zirn said yesterday he would take the case to the U. S. Supreme Court at Washington. No Code Action by New Jersey Allied No action on the code was taken by Allied of New Jersey at its meeting yesterday. Sidney Samuelson, presi- dent, stated his unit had not been re- quested to sign the code, as assent was an individual exhibitor matter. At Code Authority headquarters it was stated that while no provision was made in the form sent out all units are expected to sign the assent blank. Saperstein Summons Code Talk Meeting (Continued from page 1) leaving the matter open to court ac- tion. A significant underscored paragraph in Myers' analysis reads: "You are not required to sign the code in order to register protest against clearance and zoning schedules before clearance H and zoning boards or Code Authority. l Allied has obtained a ruling from the NRA on this point." New Year's Grosses Get 1934 Off to Fast Start (Continued from Page 1) been maintaining in recent weeks and piled up a total first run gross of $129,000. This is $34,000 over nor- mal. "Flying Down to Rio" pulled a big $23,000 at Keith's and "Dinner at Eight" hit $21,500 at Loew's State "By Candlelight" was another hit with $23,000 at the Boston. "Havana Widows," helped by a stage show at the Metropolitan, was good for $33,500. Providence went for "Dinner at Eight" with a rush and boosted Loew's State grosses $4,800 over par to $16,800. Business elsewhere was not affected seriously as a result "Only Yesterday" and "Breed of the Border" on a dual bill at the RKO Victory reached $1,100, and "Design for Living" and "Rainbow Over Broadway" were strong at the Para- mount. "Flying Down to Rio" and "Fog" at the RKO Albee, "Lady Killer" and "You Made Me Love You" at the Majestic, and "Havana Widows'" with a stage show at Fay's were average. "Dinner" Denver Hit "Dinner at Eight" was also a sen- sation in Denver. It hit $17,000 at the Denver, topping average by $11,- 500. Taken as a whole, it was a big New Year week for the Colorado city. "Alice in Wonderland" was $3,000 up at $11,000 in the Denham. "Coun- sellor at Law" was a $14,000 hit at the Orpheum. "Rex, King of Wild Horses" was a better-than-average attraction at the Tabor. New Year's sent Philadelphia grosses skyrocketing. First run busi- ness reached $146,500. Average is $79,500. One of the outstanding draws was "Little Women," at $30,- 000, over normal by $18,000 at the Boyd. "The Girl Without a Room," helped by Ted Lewis and a revue at the Earle, reached $26,000, topping normal by $14,000. "I Am Suzanne" and a stage show at the Fox was $12,500 up at $26,500. "Dancing Lady" sent the Stanley gross $10,000 over par for a total of $22,000. The second week of "Roman Scandals" at the Aldine piled up $14,500, more than double the house average, and "Duck Soup," a second run at the Arcadia, was exceptionally strong at $6,500. Pittsburgh Starts Well Pittsburgh got off to a flying start for the new year with a total first run gross of $53,700, over normal by $16,700. Considerable credit for this went to "Dinner at Eight," which at $17,500 in the Perm, was over par by $5,500. "Girl Without a Room" at the Davis and "Hoopla" at the Fulton, the former playing four and the latter five days, were each over the six-day average. "Design for Living" was an oustanding draw at $13,750 in the Stanley, and "Convention City" was strong with $8,000 at the Warner. "Flying Down to Rio" was an out- standing draw at Hamrick's Music Box, Portland. It reached $8,000, top- ping par by $5,000. "Mr. Skitch" and "The Thundering Herd," at the Paramount, hit $6,000, well over nor- mal, and "White Woman," with Henry Santry and his band was strong at the Liberty. Total first run business of $26,500 was about $5,700 over average. "Mr. Skitch" was the big holiday draw in Minneapolis and St. Paul with $8,500 in Minneapolis and $6,500 across the river. Holiday business boosted all takes. "Hoopla" took a total of $10,500, $6,500 in Minneapolis and $4,000 in St Paul. One of the surprises of the week was $6,500 for "The World Changes" and "Fifty Million Frenchmen" at the RKO Or- pheum. "Dinner at Eight" was a smash in Cincinnati with a gross of $17,000 at the RKO Capitol. The ordinary take is $5,000. "Dinner At Eight" moved into the Capitol after a run at the Astor, N. Y., and took $58,410, and "Roman Scan- dals" held up to $40,280 in its second week at the Rivoli. "Son of Kong" had a strong $39,235 at the Roxy and the Strand garnered $21,205 with "Lady Killer." "House on 56th St" was good for $8,287 in its fifth week at the Hollywood. Wisconsin Case Up Soon Milwaukee, Jan. 8. — Certificate of the referee for review of an order made by him on Dec. 14, denying the petitions of Wisconsin Amusement Enterprises, Inc., and Fox Wisconsin Co. for an order dismissing the peti- tion of the trustee for an order to show cause why said theatre firms should not file schedules of assets and liabilities is scheduled for hearing Jan. 13 before District Judge F. A. Geiger. Price War to Stop Feb. 2 In St. Louis (Continued from page 1) increase of 15 cents. The Fox, now operated by receivers, last week boost- ed the early prices from 20 to 25 cents and evenings from 35 to 40 cents. Stage shows at the Fox are scheduled to be dropped this week, the stage hands already having been notified to this effect With the ending of the price feud, another critical situation (faces the downtown first runs. That's shortage of product which will close the Cen- tral, Skouras operated, this week. The St. Louis has first call on RKO and Columbia, the Fox on Fox films, the Ambassador, Missouri and Central on Universal, Paramount and War- ner-First National and Loew's State on M-G-M and United Artists. Skouras is finding the film supply from the three companies insufficient at this time to keep three houses op- erating. It is understood that the Fox and Missouri will change hands within the next week. Photographers Elect New officers have been elected by the International Photographers of the Motion Picture Industries, Local 644. They are: President, F. Walter Strenge; vice-president, Harry W. Smith; treasurer, Frank G. Kirby; secretary, Tom Hogan; business rep- resentative, O. V. Johnson; sergeant- at-arms, F. Landi; trustee for three years, Ray Foster. What a picture! Give me more "Roman Scandals" and the depress- ion will be a thing of the past. Leonard M. O'Neil, Cameo Theatre, Hartford, Conn. i 'a A ROY directed by Alexander Hall A Paramount Picture "Previewed 'Miss Fane's Baby' privately with about thirty people in_ attendance. Everybody enthusi- astic and positive it will be excellent box office attraction." — Charles D. Skouras, Fox West Coast Theatre 'Here is a great picture — probably one of the most timely and impres- sive stories ever brought to the screen. Packed with emotion-stirring value. Poignantly realistic, it is the type of thrill- ing, sympathy- arousing entertainment that should be tremen- dously popular with all] classes of patrons/ — Motion Picture Herald Miss Fane's Baby' fine entertainment." — Martin J. Mutlin, M. & P. Theatres "Everyone connected with this picture should take bows for a grand entertainment. The picture is one of those often talked of but rarely produced. A combination of suspense and feminine appeal — with the stress on the former.' — Hollywood Variety "Paramount has a hit in 'Fane's Baby Is Stolen'. A picture that is timely, universal and appealing. Preview audience sobbed unrestrainedly through the whole thing and burst out with whole-hearted applause at the end when kidnappers are caught. Authentic, human and dramatic." — Hollywood Reporter "Thrilling entertainment that leans heavily on the heart side. This production is an ideal combina- tion of up-to-the-minute sentiment with tense heart interest and a suspense that holds all the way." — Mot/on Picture Daily PARAMOUNT PICTURE it's town MOTION PICTURE DAILY Tuesday, January 9, 1934 Roxy Resigns Post as Head Of Music HaU (Continued from page 1) prise. For some time, the understand- ing has been prevalent up and down Broadway that Roxy was not getting along any too well with the current RKO management. The question of budgets which Roxy is reported to have more or less persistently ignored at the Music Hall, the Roxy and other theatres with which he has been associated is regarded as the factor, existent for some time but which yes- terday crystallized in making public acceptance of the resignation. Thf* action is understood to have taken place last Friday and kept under cover since. 3 Others Resign With Him Roxy's withdrawal from the big theatre which was conceived and built pretty much to his own specifications and almost entirely in keeping with his plans and ideas was followed by the resignation of Charles Griswold, manager of the Music Hall and the latter's two assistants, Charles Dowd and Lloyd Evans. Word around the Music Hall had it their triple action was taken "out of an unswerving loyalty" to Roxy. Herman Wittman, manager of the Palace, replaces Gris- wold. The Palace post remained open last night. Officially, J. R. McDonough, general manager of RKO and president of Radio City Theatres, Inc., subsidiary company controlling operations of the Music Hall, declared the resignation "will have no effect on either the policy or the bookings of the theatre." It's Been Brewing Tl Insiders' Outlook Then there is Roxy. He hasn'tTTpOSSIBILITY that Roxy I had it entirely his own way since Radio City threw open its hand some doors almost a year ago and today his way is reported even less his own. There have been some pointed suggestions made about operating . cost the Music reports lad consider- oie to do with the promotion of the Old Roxy has been talking to its namesake about a return to the 7th Avenue Cathedral. Yet if you believe, in denials, you have Howard Cullman's word for it that this is the bunk. . . V would go .back to his old' hatrack at the original Roxy was reported to have dimmed yesterday. Herb Lubin, wbn promoted the 7l .reditors and taking the house out of the receivership under which it has been operating for some time now were being sought from Hayden, Stone & Co., the inside goes. Yesterday Dick Hoyt, who has had a flyer or two in the picture business — notably Fox West Coast and what good ~ nories will recall as th< It -„■'•, ■ Leon Leonidoff, who, according to McDonough, produced the stage shows before and during Roxy's "terms as manager of the world's largest thea- tre," will continue at this post. Mc- Donough also stated: "Although the theatre has been op- erated with selected first runs and lavishly produced stage shows for more than a year, Mr. Rothafel did not enter its active management until late last April. He had previously produced the all-stage entertainment which opened the theatre in December. 1932, and was then seized with an I haven'f missed on a Cantor yet, and I'm positive "Roman Scandals' will break my house record. Arthur J. Manard, Liberty Theatre, Hartford, Conn. illness from which he did not recover for several months." Late yesterday Roxy, in a statement, denied the budget was ever exceeded, declaring "at no time were the stage shows producd in excess of the budget allowance." To Take Rest "I am leaving for a well-earned rest within a few days," he said. "When I return, I hope that I may again have the pride and happiness cf con- tributing to the entertainment of the public to which I have devoted so great a part of my life." At the same time, he extended appreciation to the Music Hall staff and wished them all well. The resignation was followed by a flock of Times Square rumors. One was a revival of the reports Radio was dickering with Max Reinhardt, famous European maker of spectacles, to take over the post. This was described as "silly" by an RKO offi- cial. Bringing a smile to those who had heard it was a second report that H. B. Franklin would step into the spot, the story gaining credence principally on the ground he had de- voted the major portion of his time to Music Hall nurturing early in 1933. A third had it Allan Foster, stage producer, would join the organization. All of these were subsequently denied. Tax Bill Hearings To Be Resumed Today Washington, Jan. 8. — Hearings on the new tax bill will be resumed to- morrow by the House Ways and Means Committee, with representa- tives of a number of industries scheduled to present testimony with respect to the excise taxes and miscel- laneous revenue matters. The hearings before the committee last month were for the purpose of considering problems of tax avoidance primarily, although testimony was taken with respect to a number of excise taxes, among them the admis- sions tax, repeal of which was asked by representatives of the legitimate theatre. Fix Bail for Realty Group In Brooklyn The 12 men indicted by the Federal grand jury in Brooklyn last month as a result of investigations into ac- tivities of New York Investors, Inc., and affiliated companies pleaded not guilty yesterday before Federal Judge Moscowitz in Brooklyn and were re- leased under bail for further hearing Jan. 22. The three indictments returned by the grand jury charged conspiracy to defraud bondholders and the New York Stock Exchange, concealment of assets and fraudulent use of the mails. It was alleged that the men named in the indictments fraudulently concealed millions of dollars in assets while knowing that bankruptcy proceedings were pending against the companies. Bail of $7,500 each was fixed for Frank Fox, president of Realty Associates Securities Corp. ; Frank Bailey, chair- man of the board of New York In- vestors; William M. Greve, president of New York Investors; Franvis T. Pender, vice-president of New York Investors and president of Allied Owners' Corp., and William H. Wheelock, director of New York In- vestors and president of the Prudence Co. Each of these men was indicted on three counts and bail of $2,500 was fixed for each count. Bail of $2,500 each was set for James Graham, a director of Realty Associates Securi- ties Corp. ; James B. Fisher, another director of that company; Harry D. Burchill, vice-president of Realty Associates Securities Corp. ; Eugene Moses, director ; Gordon S. Braislin, another vice-president; Otto E. Reimer and Henry S. Parker, chair- man and secretary, respectively, of the bondholders' committee. Counsel for the indicted men asked Judge Moscowitz to release them in custody of their attorneys, but As- sistant U. S. district attorney Maxwell Parnes requested that bail be fixed at $10,000 for each of the men. Judge Moscowitz remarked that the men were prominent and that he would set bail at $2,500 for each indictment count. Bailey is a director of Paramount Garmes Made Director Hollywood, Jan. 8. — After being promised the post of a director for some time, Lee Garmes, cameraman, has been given his chance at Fox. Al Rockett has chosen Garmes to direct "Fledglings," which will star Lew Ayres. Columbia-Brice Dicker Monte Brice of Rowland-Brice Prod, is back from the coast for negotiations with Harry and Jack Cohn to make two pictures for Colum- bia release. A meeting is set for to- day. FWC Regains Paramount Portland, Jan. 8.— Fox West Coast interests again assume management of the Paramount here, effective Jan. 12. Homer Gill, present manager, will be succeeded by Gerald Gallagher of Los Angeles. Tuesday, January 9, 1934 MOTION PICTURE DAILY 7 Labor Board Denies Sound Men Election Hollywood, Jan. 8. — The request of Campbell McCullough, regional chairman of the NRA, that factions in the soundmen's ranks be granted permission to hold an election at which he could represent them has been turned down by the National Labor Board in Washington. "The matter of soundmen," wired Senator Robert F. Wagner, chairman of the board, "is one involving noth- ing else but a jurisdictional dispute. The question was settled by the board by agreement last August There is no occasion for calling an election and thus reopening the whole original issue." Soundmen are scheduled to vote to- morrow. F. G. Gullette Sentenced Seattle, Jan. 8. — F. G. Gullette, self-styled "Hollywood motion picture producer," has been given a suspended sentence of one year in the county jail here after pleading guilty of petit larceny. Gullette undertook to produce a film featuring "Miss Prosperity" ar- riving at local business houses and interviewing the proprietors. He ob- tained money for their appearance in the film, but the picture was not com- pleted. "Disraeli" Re-Released "Disraeli," starring George Arliss, will be re-released with an opening at the Hollywood tomorrow. Members of the British Consulate are expected to attend. Horan Sees Union As No New Burden {Continued from page 1) takers also perform the duties of jani- tors, I consider that they belong to me." "When we get a general scale worked out I am going to call in local exhibitors to discuss the entire situa- tion," he said. "I am perfectly will- ing to have an unbiased arbiter sit in with us. This is not going to work any hardship on theatres. The smaller houses will get the break they deserve in proportion to their size." The four groups, janitors, window washers, ushers and doormen will comprise an organization locally of between 1,300 and 1,500 members, Horan estimated. Monogram to Raise 1934-35 List to 36 W. Ray Johnston, Monogram presi- dent, is planning to increase his 1934-35 production schedule to 36. For the 1933-34 season it was 20. All production has been centered under Trem Carr's jurisdiction, John- ston says, with the executive staff headed by Lou Ostrow, and a writing staff has been developed. Under this plan, Johnston states, each picture gets three to four months preparation be- fore camera work starts. "The consistency with which we have been able to turn out good box- office pictures during the past few months," he declares, "has convinced us that our new production policy is right and now we feel we are in a position to increase our activities and take on a good many more pictures and still retain the quality of enter- tainment on our current program." Labor Survey Pleases Many Film Leaders Industry leaders yesterday viewed with satisfaction the report of the American Federation of Labor show- ing employment gains and increased hours of leisure for labor under recov- ery measures enacted last year. The consensus of executive opinion is that the basic and widespread improve- ments in economic conditions reflected in labor's survey will have a notice- able effect in bettering theatre condi- tions this year. The A. F. of L.'s report stated that labor's prospects for employment and earnings are "considerably brighter" for 1934, and that 1,800,000 unem- ployed last year-end now have jobs in industry, and 4,600,000 have tem- porary work under CWA, PWA and CCC. In addition, the survey said, average weekly work hours in indus- try generally are shorter by 4JA hours per week than at the end of 1932. The income of all workers in in- dustry, the survey held, had been in- creased by 11.7 per cent, or $243,000,- 000 monthly, plus another $300,000,000 monthly through temporary PWA and CWA jobs. Hourly wage rates were held to be five and one-half cents higher than a year ago, and that, as a result of the increased buying power, business activity at the opening of 1934 was at least 10 per cent above last year. Shaffer Joins Monogram Seattle, Jan. 8. — H. B. Shaffer has been named publicity director of the Monogram exchange. He succeeds H. B. Sobottka. MOTION PICTURE DAILY* HOLLYWOOD PREVIEW "Let's Fall in Love" (Columbia) Hollywood, Jan. 8. — With a song that sounds like a hit, with a Hollywood story based on the finding and promoting of a movie star, and with plenty of laughs interspersed, "Let's Fall in Love" looks like a merchandisable commodity. The yarn is about a director, Edmund Lowe, harassed by a tempera- mental Swedish star, Tala Birell, who walks out of his picture. The producer, Gregory Ratoff, is at his wit's end, and allows Lowe to search for another Swede to fill her shoes. Discovering a girl, Ann Sothern, at a side show, Lowe places her with a Swedish family to learn Swedish from the kitchen up. Then he sells her to Ratoff, who, believing he dis- covered the girl himself, launches her on a terrific wave of publicity. The blow-up comes when Lowe's fiancee, Miriam Jordan, in a jealous rage exposes both the girl and the scheme. Ann is humiliated, and disappears. Ratoff, infuriated, fires Lowe. But exhibitors' telegrams demand the girl force Ratoff to get Lowe back. He then finds the girl for a kiss fade-out. Ratoff's portrayal highlights the audience reaction, with each scene getting big laugh responses. Miss Birell is swell as a fiery Swede. Mrs. Sothern, in a story building up her greatness, overcomes rather nicely the plot handicap imposed. Lowe makes the director human and roman- tic. Art Jarrett sings and looks well. "Let's Fall in Love" is a good program picture. Looking 'Em Over "Before Midnight' (Columbia) "Before Midnight" is a mystery melodrama that ought to do well at popular-price houses. It manages to maintain the suspense and shield the identity of the guilty party to the end. Also to its advantage is the success with which the producers have injected the element of mystery into the atmosphere and settings of the picture. The tale has to do with a series of murders in a country mansion. At the botton is a plot to deprive Claude Gillingwater of his fortune under threat of revealing the fact he is the father of June Collyer through a marriage without benefit of clergy. To make certain Miss Collyer would like him for himself rather than for his wealth he had changed identi- ties with his secretary. When the secretary uses his new position as a means of breaking Gillingwater, the latter turns to murder. A needle filled with cyanide attached to the lever of a fountain pen serves as the instrument of murder. A prick of the finger as the pen is filled, and there you are. Ralph Bellamy does well as the inspector from headquarters. Miss Collyer, Betty Blythe, Gillingwater, William Jeffrey, Arthur Pierson and Bradley Page are also commendable. Lambert Hillyer directed. Reviews of new shorts appear on pages 14 and 15. You've got to take your hat off to Sam- uel Goldwyn for Roman Scandals". When he makes pictures, they're big money pictures. Max Tabacman, Cameo Theatre, West Haven, Conn. f HE knew how to get what she wanted — and all she wanted C from men was the secrets they could divulge! . . . See the ro- mance of a woman as ruthless as she was beautiful; as cunning as she was alluring, and as dangerous as she was clever! . . . It's a swift- moving drama that plunges you among the innermost secrets of men and women in high places! -Edward Arnold, John Miljan and others. Screenplay by William Hurlbut. Original by Max Kimmich, Johannes Brandt, Joseph Than. Produced by Carl Laemmle, Jr. Directed by Karl Freund. Presented by Carl Laemmle. Associate Producer, Edmund Grainger. Still Another Big One From UNIVERSAL - FAY WRAY NILS ASTHER 10 MOTION PICTURE DAILY Tuesday, January 9, 1934 'Husbands Go' With a Show Detroit High Detroit, Jan. 8. — "As Husbands Go," aided by a stage show headed by Olsen & Johnson, was the bright spot in another slow week here, getting $18,300 at the Fox, $3,300 over aver- age. It was the only picture to do more than par. "Going Hollywood," plus a stage show featuring Dave Ap- polon, was next best, netting the Michigan $16,400, against an average of $20,000. Others were just fair. Total for the week was $62,600, against an average of $77,000 and $63,- 700 the previous week. Estimated takings for the week end- ing Jan. 4: "THE INVISIBLE MAN" (Univ.) DOWNTOWN— (2,750), 15c-40c, 7 days. Gross: $7,200. (Average, $10,000). "SON OF A SAILOR" (F. N.) FISHER— (2,975), 15c-40c, 7 days. Gross: $5,100. (Average, $10,000). "AS HUSBANDS GO" (Fox) FOX— (5,100), 15c-50c, 7 days, Stage: Ol- sen & Johnson. Gross: $18,300. (Average, $15,000). "GOING HOLLYWOOD" (M-G-M) MICHIGAN— (4,100), 15c-50c, 7 days. Stage: Dave Appolon revue. Gross: $16,- 400. (Average, $20,000). "ROMAN SCANDALS" (U. A) UNITED ARTISTS— (2,070), 25c-50c, 7 days, second week. Gross: $8,500. (Aver- age, $10,000). "DESIGN FOR LIVING" (Para.) STATE— (3,000), 25c-50c, 7 days. Gross: $7,100. (Average, $12,000). "Rio" Portland's High with $8,000 Portland, Jan. 8. — Extra heavy patronage New Year's eve brought house averages considerably above normal. "Flying Down to Rio" at Hamrick's Music Box had a take of $8,000 over two-and-one-half times av- erage. It was held over a second week. "Mr. Skitch" and "The Thundering Herd," on a double bill at the Para- mount, took $6,000, or $1,000 over average. Henry Santry and Band augmented by "White Woman" at the Liberty drew $2,500, or $700 over house aver- age. First run totals were $28,500. Av- eragers $22,800. Estimated takings for the week end- ing Jan. 4: "THE WORLD CHANGES" (F. N.) "SON OF A SAILOR" (F. N.) BROADWAY— (1,912), 25c-35c-40c, 7 days. Gross: $6,000. (Average, $6,000) "FLYING DOWN TO RIO" (Radio) HAMRICK'S MUSIC BOX— (2,000), 25c- 35c-40c, 7 days. Gross: $8,000. (Average, $3,000) "LITTLE WOMEN" (Radio) HAMRICK'S ORIENTAL— (2,040), 25c- 35c, 5th week, 7 days. Gross: $2,000. (Av- erage, $2,000.) "WHITE WOMAN" (Para.) LIBERTY— (1,800), 25c-35c-40c, 7 days. Stage: Henry Santry and band. Gross: $2,500. (Average, $1,800) "MR. SKITCH" (Fox) "THE THUNDERING HERD" (Para.) PARAMOUNT— (3,008), 25c-35c-40c, 7 days. Gross: $6,000. (Average, $5,000) "ROMAN SCANDALS" (U. A.) UNITED ARTISTS— (945), 25c-35c-40c, 2nd week, 7 days. Gross: $4,000. (Averaee. $5,000) Monarch Buys Novel Monarch Productions has acquired picture rights to "Love Past Thirty," novel by Priscilla Wayne. "Skitch" Is Twin Cities' Top, $15,000 Minneapolis, Jan. 8. — "Mr. Skitch" was high in both the twin cities last week. It took $8,500 at the Minne- sota here and was good for $6,500 at the Paramount in St. Paul. "The Prizefighter and the Lady" reached $2,000 here, and "The World Changes" was $1,000 up with a $6,500 take at the RKO Orpheum. "Hoopla" was strong on both sides of the river. It garnered $6,500 at the State here and reached $4,000 at the St. Paul Riviera. Total for Minneapolis was $25,500. Average is $21,300. In St. Paul the total was $19,850. Average is $15,000. Estimated takings : Minneapolis : Week Ending Jan. 4: "THE PRIZEFIGHTER AND THE LADY" (M-G-M) LYRIC — (1,238), 20c-25c, 7 days and mid- night show. Gross: $2,000. (Average, $1,500) "MR. SKITCH" (Fox) MINNESOTA— (4,000), 25c-40c, 7 days. $8,500. (Average, $7,500) Week Ending Jan. 5: "THE WORLD CHANGES" (F. N.) RKO ORPHEUM— (2,900), 20c-40c, 7 days and midnight show. Stage: "Fifty Million Frenchmen." Gross: $6,500. (Average, $5,500) "HOOPLA" (Fox) STATE— (2,300), 25c-40c, 7 days and mid- night show. Stage: Connie's "Hot Choco- late." Gross: $6,500. (Average, $5,500) "THE RED HEAD" (French) WORLD— (400), 25c-75c, 7 days. Gross: $2,000. (Average, $1,300) St. Paul: Week Ending Jan. 5: "MR. SKITCH" (Fox) PARAMOUNT— (2,300), 25c-40c, 7 days. Gross: $6,500. (Average, $5,500) "BROADWAY THRU A KEYHOLE" (U. A.) RIVIERA— (1,200), 25c-40c, 2 days. Gross: $1,300. (Average for week, $3,500) "HOOPLA" (Fox) RIVIERA— (1,200), 25c-40c, 5 days and midnight show. Gross: $4,000. (Average, for 7 days, $3,500) "THE INVISIBLE MAN" (Univ.) RKO ORPHEUM— (2,600) , 20c-40c, 3 days. Gross: $1,800. (Average for week, $4,000) "FLYING DOWN TO RIO" (Radio) RKO ORPHEUM— (2,600), 20c-40c, 4 days and midnight show. Gross: $3,200. (Aver- age for week, $4,000) "LADY KILLER" (Warners) TOWER— (1,000), 15c-25c, 3 days and midnight show. Gross: $1,000. (Average, *300) "EVER IN MY HEART" (Warners) TOWER— (1,000), 15c-25c, 4 days. Gross: $850. (Average, $700) "WALTZ TIME" (Gaumont-British) WORLD— (300), 25c-75c, 7 days. Gross: $1,200. (Average, $1,000) Would Hold Barrymore Hollywood, Jan. 8. — Having only one more to make for RKO, "The Devil's Disciple," John Barrymore has been approached on a deal to ex- tend his present contract to two more pictures, which would enable him to star in "Cyrano de Bergerac." RKO bought this play with* Barrymore in mind. Over 800 Extras Join Up Hollywood, Jan. 8. — More than 800 extras have joined the Junior Actors' Guild with a goal of 1,000 necessary to become an auxiliary unit to^ the Screen Actors' Guild. When this number is obtained, the parent or- ganization will permit the Junior group to elect one member to sit in on the board of directors, and create its own arbitration board. If s Bishop Briggs Denver, Jan. 8. — Because of favors in the form of passes for old men, members of the Liberal Church, Earl P. (Buzz) Briggs, manager of the State, has been made a bishop and a doctor of di- vinity. The title now is Bishop Earl P. Briggs, D.D. Briggs can now marry and bury his patrons as well as entertain them. The Liberal church is com- posed of about 200 old men, and Briggs made it possible for many of them to see a show or two. Many of them had not seen a show for years and numbers had never heard a talkie. The church is maintained by a number of wealthy contributors. Briggs can even preach a sermon if he wants to. Dinner" $17,900 Leader at Buffalo Buffalo, Jan. 8. — Holiday midnight shows were sold to capacity and boosted all takes. "Dinner at Eight" was the strongest film draw with a gross of $17,900 at the Great Lakes, over normal by $9,400. Total first run take was $70,000. Normal is $50,300. Estimated takings for the week end- ing Jan. 5: "DESIGN FOR LIVING" (Para.) BUFFALO— (3,500), 30c-55c, 7 days. Stage: Buddy Rogers and his California Cavaliers; Jeanne Goodner, Ruth Godelle. Gross: $26,000. (Average, $26,000.) "WILD BOYS OF THE ROAD" (Warners) "TILLIE AND GUS" (Para.) CENTURY— (3,000), 25c, 7 days. Gross: $7,000. (Average, $6,000.) "DINNER AT EIGHT" (M-G-M) GREAT LAKES— (3,000), 25c-40c, 7 days Gross: $17,900. (Average, $8,500.) "TAKE A CHANCE" (Para.) HIPPODROME— (2,100), 25c-40c, 7 days. Stage: Alex Hyde and his Musical Darl- ings; Frances Arms; Ross & Bennett; Rio Brothers; Fred Jarvis & Co.; Rou ton's Alley Dogs. Gross: $9,400. (Average. $10,000.) "FAREWELL TO LOVE" (Madison) HOLLYWOOD— (300), 25c-40c, 7 days. Gross: $600. (Average, $800.) "LETS FALL IN LOVE" (Col.) LAFAYETTE— (3,300), 25c-40c, 7 days. Stage: Gregory & Raymond, Jesse Cryor, Silver, Burns & Bernice. Gross: $9,100. (Average, $10,000.) Fox Wins Claim on "Lola Montez" Name Fox has won the right to use the title "Lola Montez" as a result of a decision of an arbitration committee which included representatives of Columbia, Paramount, Radio, Univer- sal and Warners. The decision was unanimous, according to Fox. M-G-M had announced a story for production under this name. Fox proved it had the world rights to a play of this name, by Adolph Paul. The committee included: Jeanne Dressier, Columbia; Irene F. Scott, Paramount; J. J. Nolan, Radio; Rob- ert Harris, Universal, and A. S. How- son of Warners. Warns on Giveaways Portland, Jan. 8. — C. Laird Mc- Kenna, Jr., legal adviser to the NRA compliance district for Oregon and Idaho, has broadcast warnings to the- atre owners to the effect that lotteries, scrip books, coupons and throwaways are illegal under the industry code. Coast Houses In Gold Rush For New Year Los Angeles, Jan. 8. — New Year's sent cashiers into a fever. It was the biggest business in a long time. "Lit- tle Women" piled up $35,330 at Grau- man's Chinese. "Eight Girls in a Boat" went to a remarkable $28,750 at the Paramount This is $10,750 over normal. "Danc- ing Lady" was a wow at Loew's State with $25,400, over average by $11,400, and "Roman Scandals" was strong at $13,000 in the United Artists. Total first run business was $157,- 857. Average is $99,300. Estimated takings for the week end- ing Jan. 3 : "LITTLE WOMEN" (Radio) CHINESE— (2,500), 50c-$1.65, 7 days. Sid Grauman prologue. Gross: $35,330. (Aver- age, $14,000.) "ELYSIA" (Foy Prod.) CRITERION— (1,610), 25c-40c. 6th week, 7 days. Gross: $6,725. (Average, $2,800.) "I AM SUZANNE" (Fox) 4 STAR— (900), 50c-75c, 7 days. Gross: $3,200. ( "DANCING LADY" (M-G-M) LOEW'S STATE— (2,413), 25c-40c, 7 days. Gross: $25,400. (Average, $14,000.) "MYRT & MARGE" (Univ.) and "KING FOR A NIGHT" (Univ.) LOS ANGELES— (3,000), 15c-25c, 7 days. Gross: $4,500. (Average, $3,700.) "MADAME SPY" (Univ.) PANTAGES— (3,000), 25c-55c, 7 days, stage show. Gross: $7,252. "8 GIRLS IN A BOAT" (Para.) PARAMOUNT— (3,595), 25c-40c, 7 days. Stage: Guy Lombardo and his orchestra. Gross: $28,750. (Average, $18,000.) "FLYING DOWN TO RIO" (Radio) RKO— (2,700), 25c-40c, 7 days. Gross: $8,700. (Average, $8,000.) "ROMAN SCANDALS" (U. A.) UNITED ARTISTS— (2,100), 25c-40c, 7 days. Gross: $13,000. (Average, $12,800.) "SON OF A SAILOR" (F. N.) WARNER BROS. (Hollywood)— (3,000), 25c-40c, 7 days. Gross: $13,000. (Average, $14,000.) "SON OF A SAILOR" (F. N.) WARNER BROS. (Downtown)— (3,400), 25c-40c, 7 days. Gross: $12,000. (Average, $12,000.) Caravan Tour Is Set For "Moulin Rouge" A caravan tour of the key cities of the country to exploit "Moulin Rouge," 20th Century's latest, is planned be- ginning February 1 in a tie-up with Socony-Vacuum. The jumps from town to town will be made by special train, while the traveling in the vari- ous cities will be in special buses. The starting point will be New York City, with Philadelphia as the first stop. Among other stops will be Washing- ton, Baltimore, Hartford, Boston, Al- bany, Rochester, Buffalo, Cleveland Detroit, Chicago Milwaukee Indian apolis, St. Louis, Kansas City, Lo: Angeles and San Francisco. Fifteen Hollywood players, togethei with 12 of the show girls in the film are scheduled to make the trip. Amon them will be Leo Carrillo, James anc Mrs. Gleason, Russel Gleason, Ray mond Hatton, Creighton Hale, Ann; Q. Nillson, Mary Carlisle, Johnni Mack Brown, Mary Brian, Ben Tur pin, Sally O'Neil, Sally Blane, Arlin Judge, Patsy Ruth Miller and Nanc Welford. John Hundley will act a master of ceremonies. There will be a broadcast and stag appearances in each of the key citie visited. jesday, January 9, 1934 MOTION PICTURE DAILY ii Dirty Sky Gladdens Pittsburgh }teel Plants Busier; B. O. That Way, Too By RED KANN Pittsburgh — Close to the edge of le of the high bluffs on which Pitts- :rgh stands and running its full ngth is the Boulevard of the Allies, lose enough to be neighborly, but impetitors, nevertheless, it is here here local exchanges make their imes. Whether or not there was mething deliberate in planting them rectly across from the myriad of lokestacks which mark the stamping ound of much of Pittsburgh's steel dustry is not on record. But it is on cord that design or accident, as it ay be, makes it easy for exchange anagers to forget what their sales- en's reports tell them by deferring the story of those stacks and the y which today they smudge with loke. Steel Plants Busier Steel plants are busier in these rts than they have been for some me. No more certain index of in- strial whoopee can be found around e town. When stacks belch it means :el is being fabricated. When steel being fabricated, it means industry astir, payrolls active and pockets lging, if modestly, with wages, part J which is finding its way into picture I :atres. It does not necessarily follow that t public here is patronizing pictures 't of any particular loyalty. What offered to them and how good are portant. That goes for price as 11. The charity list is shrinking; an- ler index to the gradual revival .ich Pittsburgh is experiencing. The al end of the civil works program II s put thousands to work at the set IS per week figure, thereby throwing 3o circulation thousands of dollars 'ich previously did not. Part of jj.t, too, is potential box-office gross ii filmites here appreciate the fact. j! Thrived on Tough Times "Neighborhood operators seem to J/e thrived on hard times and hard jhes seemed to have helped them, -ey have cut corners and, in many Jtances, wrung out of their opera- Sis considerable of the water of ^ich there was never much anyway, ring on gasoline and parking and eet_ car fares on the part of the ipping public has tended to keep is in large gobs in the neighbor- 's where they see what the down- m de luxers run at less cost merely exercising the virtue which is in .ience through waiting until clear- es drop all product in the outlying _ises. ; These are factors which persuade .horitative local opinion to venture i hunch that grosses in neighbor- ed houses are up 40 per cent over closing days of 1932. The same rces have it first runs have gone one-fifth in their receipts and, The Tenth and the Last This article on Pittsburgh concludes a series on conditions in important Middle Western cities. Key spots visited and covered include Milwaukee, Chicago, Indianapolis, Detroit, Cleveland, Columbus and Cincinnati. while any gain is looked upon like manna from above, it, nevertheless, trails outlying houses by a cool 100 per cent. There was a time here, not so long ago, when Warners with the Warner, Stanley and Davis, and Loew's, with its Penn, had everything their own ways, always excepting Mort Shea's Fulton. Not so today, however. George Schaefer, not the Paramount general manager, but the theatre op- erator out of Wheeling, W. Va., is now around with the Pitt as his gauntlet thrown in the face of the two national circuits. The Pitt pro- ceeds on a "combo" policy and is the only theatre in the city that runs vaudeville with its celluloid. It's an- noying to the Warners, to say the least- Fulton Also Changes Another recent change in the first run classification applies to the Ful- ton, which, for almost two years, fea- tured the two-for-one coupon gag and caused much local disturbance there- by. That's all over now, but the rea- son finds several explanations. One is that exchanges began to get tough and started conversation which, among other things, made reference to film service. More likely, however, is the enactment of the industry code. Opening up the first run sector further will be the Alvin. That's quite a yarn on its own. The theatre is owned by Harvard University, ran stage shows for years and seats about 1,600. Recently it passed to the Har- ris Amusement Co., which has started to rip out the second balcony in a re- habilitation process which eventually will convert the theatre into a first run and the home of two-thirds of the Fox product. Shea at the Fulton gets the other third. Reconstruction work has been under way for some weeks. It may take a couple more months before the job is finished. The length of time involved in the conversion task has led to re- ports around Pittsburgh that Harris Amusement would not go through. That happens to be all wet. Fox in Peculiar Spot The twist has resulted in placing Fox in the most peculiar, as well as the most interesting, situation among all of the major distributors here. Rather than hold up subsequent runs until releases get a chance at the Alvin, many Fox attractions have been playing in East Liberty almost out of the can. To understand exactly what that means is to remember East Liberty is analagous to New York's 125th St. Without benefit of down- town run, it so happens, Fox pictures, as a consequence, are finding them- selves in general release for all the houses that follow. This has made the situation at the Harris-Family, East Liberty, a sweet one. It is a 600-seat theatre once known as the Alhambra. With it Harris Amusement has been bucking the Sheridan Square, Enright, Regent and Cameraphone— Warner houses all — and doing a pretty good job of it. The understanding is that the policy of Fox first runs, ahead of downtown, in East Liberty led to the experiment on the part of Harry Kalmine, War- ner zone manager, to play day and date with the downtown Davis at the Sheridan Square and first run at the Enright. The day and date idea fiz- zled because East Liberty folks soon discovered there was no need to go downtown to see the same product at the Davis for more money. The rou- tine obviously was not so good for the latter. The same idea, tried on and off by the Warners in the last four years, is now in camphor-balls and probably will remain there for a couple of months at any rate. Fewer Houses Closed Today, fewer theatres are closed in the territory served out of Pitts- burgh than at any other time in sev- eral years. Film Board statistics show 76 houses were closed in 1931. There were 209 in 1932. Of that number 110 opened during the year. But in 1933, the dark theatres bulked only 46. As compared with 762 houses seating 373,666 in the territory, the situation is not so black unless it is that theatremen are running houses against hope for better times. The biggest thing in Pittsburgh at the moment is a potential something which may not happen, but undoubt- edly will. Brewing is a theatre tussle with Warners on one side and John Harris on the other. John is the son of the Harris of sterling character who built the circuit which Warners bought — at peak prices when theatre buying was the vogue. Part of the transaction included a five-year con- tract for the services of Son John. Young Harris, in fact, did run what once was the Harris string and now the Warner string until he discovered New York's ideas on what ought to be done, and how, and his didn't jell. Then, he stepped out of the job, but not out of the contract which runs about another year. All of this keeps John out of theatres, but that doesn't prevent him from operating dance halls and skating rinks. He's doing both. The Harris Outfit In the meantime, in the Clark Building, where Kalmine sets forth, are also the offices of Harris Amuse- ment, of which State Senator Frank Harris is . the guiding hand, although James G. ("Jimmy") Balmer does most, if not all, of the work. Under this corporate entity are theatres op- erating in St. Mary's, Reynoldsville, Oil City, East Liberty, Jeannette. These are in Pennsylvania. Also are 1st Run Front Changing; New Factors Enter houses in Detroit, Youngstown and Warren, O. There will be more, per- haps, some of them in towns where the Warners cut much figure. In the meantime, 1935 is not so far away. John Harris contemplates a long winter vacation where the sun is warm. In the summer, not much goes on anyway. From summer to the following April isn't so long, as time has a habit of flying. About John Maloney They tell another story here. It's about John Maloney, M-G-M man- ager, who has grown children of his own now. When it was decided to take Katherine Variety Sheridan, ward, and reason for the founding of the Variety Club, out of the Rosalia Foundling Asylum for a bit of holi- day visiting, Maloney one week-end found her in his charge and difficult to give up thereafter. He actually found himself bringing toys to the house at the close of each day and that was something he hadn't done for many years past. What threatens to divide club mem- bership into a pleasant division in ranks is a decision on who is to get her next and in what order. Mrs. John Harris, the elder, had her, as did Jack Hooley, manager of the Harris-Family. Jim Balmer and Harry Goldstein now are charging discrimination. (Copyright, 1934, Quigley Publications) James S. McQuade Dead James S. McQuade, prominent in the early days of trade paper journal- ism in the industry, is dead, according to mail advices which reached New York from the coast yesterday. McQuade entered the business as one of the contributing editors of Film Index which was purchased subse- quently by Moving Picture World. He continued with the latter publica- tion as an associate editor and its western correspondent for many years. New Press Book Feature Warners have inaugurated a "Show- man's Corner" in their press books, edited under the supervision of S. Charles Einfeld. This new feature is devoted to a resume of exploitation stunts which have proven successful in past performances by exhibitors over the country. Right Mayor, Wrong City H. E. Wilton is recently-elected mayor of Hamilton, Ont., not Toron- to, as reported in Motion Picture Daily a few days ago. Wilton is manager of the Strand^ a Famous Players Canadian house, in the former city. SPICE ERE |N THE BIGC Among shoi A resolution it will be a pleasure to keep: to make more money in 1934 with short subjects by play- ing and exploiting more Qiaeatlonaf -4 START NOW WITH THESE r 'to, A s to Of Distributed in U.S.A. by FOX FILM CORPORATION MOTION PICTURE DAILY Tuesday, January 9, 1934 "Hollywood Babies?' (Columbia) A "Scrappy" cartoon, with Scrappy as a cameraman and director. Car- toons of most of the prominent Holly- wood stars are shown, all cavorting to music. Could be better. Running time, 7 mins. "Dance of the Hours" (Audio Prod) A musical treat in which Pon- chielli's familiar strains get visual accompaniment in a dance, in silhou- ette, arranged by Malvina Hoffman. Well-done and high-class. Running time, 9 mins. "Heart of Paris'' (Vitaphone) An E. M. Newman "Musical World Journey" one-reeler, showing views of Paris, with off-screen dialogue and songs, in both French and English. Scenes of Paris and Versailles by night, and the views of Montmarte are impressive. Running time, 9 mins. "Screen Souvenirs" (Paramount 3-6) Another of the "Screen Souvenirs" series, with views of Champ Clark, Uncle Joe Cannon, Chauncey Depew, the 1906 Centennial of Wilkes-Barre, Texas Guinan in an old "western" and the usual old time "meller." Inter- esting. Running time, 8 mins. "In Giantland" (United Artists) Here Walt Disney makes Jack and the Beanstalk live again in the person of his versatile Mickey Mouse. Pic- ture opens wfth Mickey telling a bedtime story to his innumerable nephews, and switches to the tale it- Looking Over Shorts self, with Mickey as Jack. His ad- ventures with the giant he meets, particularly when he hides in the Behemoth's mouth are equal to any- thing that Disney has previously done. Mickey finally escapes by slid- ing down the stalk, and kills the giant by setting fire to the base after he has escaped. Running time, 8 mins. "The Sunny South" (Educational) One of the Terry-Toon series with Simon Legree as the dog catcher who chases pups aided by a flock of blood- hounds, but isn't able to catch up with a big black mammy bent on rescuing her poodle. The ice scene from "Unck Tom's Cabin" is burlesqued. Good incidental music and an inter- esting kid number. Running time, 6 mins. "Fine Feathers" (M-G-M) Bird plumage from all over the globe, photographed in a riot of Tech- nicolor. Pete Smith supplies the run- ning patter of dialogue, not all of it funny. The subject is interesting, due almost entirely to the effective- ness and the excellence of the color photography. Running time, 9 mini. "Pie JoTTwo" (Universal) Featuring James Gleason and Eddie Nugent, this one ought to please all audiences. Gleason and Nugent, knights of the road, wander into a ... I think "Roman Scandals" is going to be one of the best box-office pictures of the year, and that is a treat to all ex- hibitors. Leon Rosenblatt, Prudential & Playhouse Operating Co., N. Y. C, small town and find Mabel Marden in difficulties. They are first attracted to her by her pies, and remain as boarders when they discover that she is broke, and has two small children to support. Gleason is good in a comedy role, with Nugent and Miss Marden supplying the romance. Run- ning time, 2034 mins. "Mountain Music" (Universal) Starring Louise Fazenda, this short is full of laughs. Miss Fazenda in- herits a general store in the Ken- tucky mountains, and with the store she gets the feud between the Mat- fields and Malloys. Both clans try to marry Miss Fazenda to one of their members so as to get control of the store, but neither is successful. Milton Wallace is an able foil for some of Miss Fazenda's gags, and supplies a few of his own. Mountain music and square dances are also in this one. Running time, 18 mins. "Hollywood on Parade" (Paramount) This is BS of the series of intimate glimpses into the activities of screen personalities when not at work. Max Baer, Walter Huston, Polly Moran, Gloria Swanson, Bruce Cabot, George Raft, Mae West, and others are shown. For comedy effect, there is Lloyd Hamilton, who gets a number of laughs in his efforts to photograph some of the stars. Running time, 11 mins. "Melody Tom" (Master Art) An intriguing musical short, uni- quely done and of high entertain- ment quality. Sylvia Froos, of radio renown; Dick Liebert, theatre and radio organist ; and John S. Young, the air announcer, contribute ace work. Songs which have been written about Chicago, New Orleans, San Franciso, New York, et al, are sung and played by Miss Froos and Liebert respective- ly, while Young handles the explana- tory task. Running time, 7 mins. "A Trifle Backwards" (Universal) With Vince Barnett, Robert Graves, Miami Campbell and Gertrude Short, this short feature provides many laughs. Barnett is struck by Miss Campbell's car, and is brought to her home instead of to a hospital. To cover up the accident, she tells Graves, her husband, that Barrett is the groom of Miss Short. The ensuing situa- tions are obvious and comical, but everything is finally straightened out. Running time, I9y2 mins. "Waters of Minnetonka" (Audio Prod.) A few seconds shy of six minutes, this is an interesting and well-done short designed to emphasize musical content but is beautiful in photo- graphic quality as well. Contrary to the previous custom where sound augmented the camera, this time Rob- ert C. Bruce's Technicolor camera enhances the sound. The combina- tion is effective. "Manhattan Clock-Tale" ( Vitaphone) A pleasing short featuring Norma Terris and Lynn Overman, with an amusing plot built around what is sup- ' posed to be a normal day in the life of a Broadway star. Miss Terris sings several numbers, both in English and in foreign tongues. Well staged dances by the Vitaphone chorus are inter- posed throughout the picture to help the continuity. Running time, 29 mins. "Day in Tokyo" (Pox) Another of the Fox Magic Carpet series showing interesting views of the modern development of Tokyo. There is a decided contrast running through the picture between the an- cient dress still worn by many of the natives, modern buildings and means of transportation. Also interesting views of the Ginza, Tokyo's Broad- way. Running time, 9 mins. "Kissing Time" ( Vitaphone ) A miniature musical comedy featur- ing Jane Frohman, radio star, and George Metaxa of the stage. Scene is South America, during a revolu- tion. Both Miss Froman and Metaxa have good voices that record well, and their songs are well delivered. Choral numbers and dances are well done. The comedy relief by Philip Ryder is well handled. Running time, 22 mins. "Strange as It Seems" (No. 35) (Universal) Another of the interesting series showing strange sights and beings found all over the world. This one has views of hair-dressing in Japan, weird religious rites of India, a one- armed paper - hanger, anti - venom serum laboratories, the shrine of St. Roche in New Orleans, strange plants of Central America and a chinchilla farm. "Pathe Review" (Radio) Issue number two in series 2-45-02 with several interesting subjects. One deals with the theory of the creation of the earth and other planets and another has Robert Wildhack giving a treatise on Sneeze-ology. An inti- mate study of a rabbit which makes friends with other animals is unusu- ally entertaining. Sailor girls on a I yachting trip round out the issue. Dull in spots and entertaining in others. Running time, 10 mins. "Gem of the Sea" (Fox) Views of Ireland taken by Fox Magic Carpet. The shots of the lake country, and of the natives during play are particularly impressive. Those taken of the famous cathedral of Mt. Mellary, its carillon, and the monks during a religious service are striking. Running time, 9 mins. "Death Drums of New Guinea" (Majestic) A 30-minute travelogue filmed by the Commander F. Strange Kolle and M. P. Greenwood Adams' expedition in the New Guinea Islands. While most of the subject deals with the usual tribal doings, which have ap- {Continued on page 15) MOTION PICTURE DAILY Looking Over Shorts Tuesday, January 9, 1934 "Death Drums of New Guinea" (.Continued from page 14) peared in many previous pictures, one or two incidents stand out as new. The Devil dancers, whose supreme diety is the Ghost Owl, kill four of their members when the bird starts moaning. This is an outstanding fea- ture of the film. The photography is not clear at times. "Sherman Said If (Roach-M-G-M) Featuring Charley Chase, this is an amusing short. The action is laid in France, during the war, and the pic- ture opens with Chase still fighting after the Armistice. The scene then shifts to various establishments, such as a laundry, where the comedian is forced to work off his debts before he can leave for home. Chase sings and dances his way through most of the picture. Running time, 16 mins. "Kennel Kings" (.Paramount) Grantland Rice exhibits some of the 70 different species of canines in this subject which holds considerable in- terest for the layman and a treat for dog lovers. Some of the hounds are seen in action while others are spot- lighted at play. This Sportlight will fit on any program and will satisfy. Running time, 10 mins. "Waltz in A Flat Major'' (Audio Prod.) A fine musical rendition, aided by striking black-and-white photography, makes this work of Brahms always ' interesting and carries it far from the ■ routine in shorts. Will appeal par- \ ticularly to better class audiences. In houses that cater to such patronage. [ this will be welcomed. Running time, 4 mins. , "Supper at Six*' (Universal) This is a Mentone sketch, set in a theatrical boarding house, and featur- ing Jack Arthur, of radio fame; Jack ,and Kay Spangler, Maude Odell and - Hilda Spong. A party is to be given by one_ of 3the boarders to celebrate the arrival .of her alimony check, and all the roomers pitch in and give their bit .to help entertain. An entertaining ] short, with the offerings of the cast not overdone. Running time, 18 mins. "Ave Maria" (Audio Prod.) Church music, solemnly and richly played on the organ. "Ave Maria" is another in the new series of Audio :Prod. designed to stress sound rather i"than film advances but very well done •on both counts. Photographically, the subject confines itself to impressive church Interiors with opening and closing cathedral shots. Impressive and commendable. Running time, 8 mins. "Poppin' the CorK' (Educational) This is intended as a timely tieup with repeal. The scenes shift from a j. co-ed college where a debate is held on prohibtion to a night club where Milton Berle has a chance to intro- duce a number of gags. There are two snappy songs, "Poppin' the Cork" and "Here's Looking at You," by James Hanley and Benny Davis. Also, some good looking girls. It is nicely staged. Running time, 23 mins. "London Medley" (Fox) Another of the Fox Magic Carpet series showing views of London, its parks, churches, shops, theatres, res- taurants and monuments. Interesting off-screen dialogue, explanatory and humorous, accompanies. Running time, 10 mins. "/ Eats My Spinach" (Paramount) One of Max Fleischer's "Popeye the Sailor" animated cartoons. Hilari- ous to the extreme, with many clever turns, this is something that can be booked without fear of going wrong. Popeye is set down at a rodeo, where in the excitement he challenges the steer wrestlers and the other western experts to match their work stride for stride. Popeye proves himself one better than the boys from the western plains. Running time, 7 mins. "Parking Space" (Universal) An Oswald cartoon, built around the idea of a parking space for babies, with Oswald in charge. Com- plications set in when a colored babe sets fire to the building with his hot dancing. Oswald is the hero, rescu- ing the children and winning the praise of his girl friend. Fair enter- tainment. Running time, 7 mins. "A Homing Romeo" (Paramount) An amusing short featuring Harry Langdon. Langdon is up to his old tricks, and he plays a golf game with his rival, the winner to marry the girl. There is a trick house on wheels in this one that is responsible for most of the laughs. Running time, 21 mins. "Medbury in Morocco" (Columbia) Here's a travelogue which differs from the usual variety by the uncanny wit of John P. Medbury. He describes the customs and natives of the African city and garners any num- ber of laughs. An audience at the MayfaTr liked this Walter Futter sub- ject and burst into giggles several times. Running time, 9 mins. "The Freeze Out' (Educational) Moran and Mack are shown as a couple of colored prospectors in an Alaskan frontier town. Mack comes in with a lot of nuggets and a card sharper tries to take their roll. Moran slips bills off the sharper's pile every time an argument starts, and it finally winds up in a free-for-all in which the saloon is wrecked. It ought to appeal to the Moran and Mack fans. Running time, 17 mins. "Chicken Reel" ( Universal) Another of the Oswald series, with the scene laid in a barnyard. A hen hatches a duck in one of her broods, much to the dismay of the rooster, and to the delight of the other hens. I But during a cloudburst, that floods the barnyard, and nearly drowns the fowl, Oswald, the duck, saves their lives, and becomes king of the yard. Fairly amusing. Running time, 8y2 mins. "Hula Moon" (Audio Prod.) Average Hawaiian number which follows a path well-worn by predeces- sors for this type of subject. The photography is in Technicolor. Not up to the standard of other early releases in the Audio series. Run- ning time, 7 mins. "The Last Dogie" (Educational) An entertaining musical featurette, starring James Melton, the radio tenor. Scene is laid in a bunk house on a ranch, with the hands singing as Melton enters. He joins in, and gives his version of several of the old west- ern songs. Views of cattle on the range, and horses in corrals are spaced between shots of the bunk house. Run- ning time, 11 mins. "Air Maniacs" (Educational) Three aviators, John T. Murray, Frank "Spooks" Clark and Roy "Baldy" Wilson, do some thrilling stunts in planes, with Vince Barnett supplying the comedy relief. He is whirled through a series of gyrations sitting on the tail of a plane. It's a swell number. Running time, 10j^ mins. 15 "Three Knaves and a Queen" (Radio) A most amusing and interesting short with a particular appeal to bridge players of all types. Instruc- tive in all angles of bridge, with Ely Culbertson lecturing on bidding, counting and playing. Story is set in a charity bazaar, with Culbertson as a bridge lecturer. After his talk, he plays a series of hands in an amusing setting, and finally, after be- ing set on a no-trump bid, explains why he lost, and closes the picture with some amusing comments on bridge players. Running time, 20 mins. "Jumping Giants" (Paramount) A very interesting Grantland Rice "Sportlight" of fishing in the Gulf Stream for tarpon, and off the coast of California for marlin swordfish. Running time, 10 mins. "Jack Denny and Band" (Vitaphone) Another of the Melody Master series featuring Jack Denny and his band. Paul Small does the vocals. Minor and Root, ballroom dancers, present three entertaining dances. Running time, 10 mins. "Wild Elephinks" (Paramount) Popeye, the Sailor, off again on an- other of his adventures, this time on an island infested with all sorts of wild beasts. His prodigious strength again comes to his rescue. Entertain- ing. Running time, 8 mins. "Roman Scandals" is without doubt — *^ one of the out- standing pictures of the year. Should do SRO business everywhere. Michael Daly, Rialto Theatre, New Briton, Connecticut 16 MOTION PICTURE DAI LY Tuesday, January 9, 1934 No Operators' Protests Yet To Rosenblatt (Continued front page 1) prevailing in each locality. The code does not provide that compensation is not to be reduced as a result of shorter hours, although a number of other codes carry such a clause, Rosenblatt asserted. This agrees with the Daily's story. I. A. T. S. E. members are complain- ing that this is not in accord with the spirit of the NRA and are understood to be agitating for a change in the code to make it conform in this re- spect to other industry regulations. Rosenblatt denies that he has made an exception to the 40-hour rule in behalf of the Boston operators' local which has a contract with exhibitors and no idle members. He states sim- ply that a satisfactory adjustment was made there. Board Nominees Pouring in; 200 from 23 Cities Listed Name of A.F. Baker Off K. C. Code List Kansas City, Jan. 8. — The name of A. F. Baker, president of the Mos- souri-Kansas Theatre Ass'n., has been taken off the list of nominations sub- mitted to the Code Authority by the I. T. O. of Kansas City. Baker was suggested as a represent- ative of affiliated exhibitors on the grievance board. He protested his designation, asserting the Grubel houses over which he has supervision are no longer Publix-owned. Jay Means, president of the inde- pendents, accepted this explanation and termed the designation "a mistake." George S. Baker, manager of the Pub- lix Newman, and son of A. F. Baker, was named in his father's place. Home offices of major distributors and affiliated circuit theatres recently requested their Kansas City managers to compile and dispatch to them sug- gestions for memberships on the local grievance board and zoning and clearance board. This has been done. Board nominations also have been submitted by individuals. MOTION PICTURE ALMANAC 1954-35 NOW /A/ P/l£/>A/lA T/OA/ WHERE THE WORLD v LOOKS FOR MOTION PICTURE PRKf 1C££ M (Continued each district is up to the Code Author- ity committee, comprising S. R. Kent, Charles L. O'Reilly, George J. Schaef- er, W. Ray Johnston, Nathan Yamins and Ed Kuykendall. All names submitted are card-in- dexed in Executive Secretary John C. Flinn's office. Each are listed in ter- ritories. Another group of recom- mendations is expected to be released today for comment from anyone in the industry. Favorable criticism as well as unfavorable is invited so that the authority may get the true picture of all men named. Permanent headquarters in the RKO Bldg. will be decided today, the be- lief being that the 23rd floor will be selected in preference to the 19th. Ex- penses for administration of Code Authority are being kept at a mini- mum. Temporary headquarters are in the Paramount Bldg., but the expectation is that next week will see the author- ity set up in its own offices in the RKO Bldg. Authority Meets Tomorrow With the authority meeting tomor- row night at H. M. Warner's office, methods of financing by taxing pro- duction, distribution and exhibition are expected to take up the entire evening with doubt existing as to whether anything definite will be de- cided upon at the forthcoming session. Several plans have been suggested for raising funds and these will be threshed out at the adjourned session. Kent will preside. Eddie Cantor, Marie Dressier, George J. Schaefer and Harry M. Warner will be absent. Austin C. Keough will act for Schaef- er and Harold S. Bareford for War- ner. J. Robert Rubin may substitute for Nicholas M.. Schenck. The first list of names follows : Albany, N. Y. — William Benton and Chris Buckley. Atlanta— R. B. Wilby, O. C. Lam, Roy Le Craw, Wm. K. Jenkins, Mitchel Wolf- son, Louis Bach, Ike Katz, and Albert G. Maxwell. Boston — Edward Ausin, Walter B. Little- field, Max L. Levenson, Phillip Smith and Ed Farrell. Buffalo— Dr. Peter Cornell, Thomas J. Hanrahan, Phil Cadoret, Ned Komblike, Jules H. Michael, and J. Meyer Schine. Chicago — Edward Grossman, Edwin Sil- verman, Aaron Saperstein, James Coston, Walter Immerman, Nate Wolf, Lou Rein- heimer, Simon Simansky, Chas. Reagan, Phil Dunas, Felix Mendelssohn, J. Rubens, and Jack Rose. Cincinnati— R. E. Myers, Willis Vance, Elmer Shard, Charles Fine, H. O. Krent, Frank W. Huss, and J. Meyer Schine. Cleveland— P. E. Essick, Dan Robbins, John D. Kalafat, Frank Gross, M. S. Fine, M. B. Horwitz, Henry Greenberger, E. C. Flanigon, Paul Gusdanovic, Nat Lafton, Nat Holt, J. Himmelein, I. J. Schmertz, F. D. Drew, M. A. Mooney, Matt Good- man, Herb Greenblatt, H. C. Bissel, and J. Meyer Schine. Dallas — Don C. Douglas. Denver — Joe Ashby, Jim Morrison, Jack Langan, Wayne Ball, Rick Ricketson, L. J. Finske, H. E. Huffman, Henry Fredel, Earl Bell, Louis Hellborn, and Ed Schulte. Detroit— Geo. W. Trendle. Kansas City— W. J. Kubitzki, T. R. Thompson, Robert Withers, Jay Means, Fred Meyer, E. E. Webber, Mrs. A. Baier, George Baker, Fred Meyn, Arthur Cole, F. C. Hensler, Harry Taylor, Wm. Benja- min, Elmer Rhoden, A. F. Baker, Ed Du- binsky, C. V. McVey, Lawrence Lehman, and Roy Roberts. Los Angeles— Carroll Peacock, Howard Stubbins, Jack Sullivan, Russell Rogers, George Hanes, and Harry Hicks. from page 1) Milwaukee — D. E. Weshner, Thomas E. Saxe, J. S. Grauman, W. L. Ainsworth, A. N. Schmetz, George L. Levine, H. J. Fitzgerald, Fred S. Meyer, C. W. Trampe, and Sam Shurman. Minneapolis — Al Anson, Henry Green, Jos. Friedman, Frank C. Brickley, and Roy McMinn. New York City— Louis F. Blumenthal, Harry Schiffman, Harry Brandt, Lawrence S. Bolignino, Joseph Suder, A. H. Schwartz, Leo Brecher, Rudolph Sanders, Leo Justin, Jack Haddem, Maurice Brown, Hyman Rachmil, and Fred Small. Oklahoma City— R. I. Payne, Sol Davis, Pat McGee, Ralph Talbot, M. Lowenstein, A. B. Momand, W. B. Zoellner, L. F. Stocker, R. M. Clark, Fred Pickrel, and Charles R. Zears. Omaha — D. V. McLucas, H. J. Chapman, Ralph Branton, Geo. F. Monroe. Jr., August Herman, Sam Epestein, H. A. Taylor, Gor- don Ruth, W. W. Troxell, Chas. Prokop, Harry Day, Walter Creal, A. M. Avery, M. J. Stern, Morgan Ames, Geo. O. Mon- roe, Sr., Miss Regina Molseed, Thomas Burke, and H. F. Kennedy. Philadelphia — Joe Willing, Philip Sherling, M. B. Comerford, Milton Rogasner, P. Mortimer Lewis, Charles Segal, Herbert J. Elliott, David Barrist, Jay Emanuel, Lewen Pizor, and Michael J. O'Toole. Pittsburgh— A. M. Bowles, H. V. Harvey. Aaron Goldburg, Morgan A. Walsh, G. C. Parsons, and Barney Rose. Portland, Me.— M. J. Garrity. Portland, Ore. — Homer Gill, Andrew Sasso, George Jackson, Oscar Phelps, Ted Gamble, and Wm. Cutts. Salt Lake City — Charles Walker, Maurice Saffle, W. F. Gordon, Robert Hill, Ray Hendry, C. E. Huish, Joseph Lawrence, John Gillette, and Stan Robbins. San Francisco — Cliff Work, George M. Mann, George Ballentine, L. E. Tillman, Aaron Goldberg, Irving C. Ackerman, and George Nasser. St. Louis — Fred Wehrenberg, Lito Hill, Oscar Lehr, Lon Cox, George Eigel, Charles Goldman, S. E. Pirtle, Clarence Kaiman, Albert Critchlow, Collin S. Espey, Harold Evans, George Thyson, H. H. Horman, and George Eigel. Sirovich to Confer On Industry Probe Washington, Jan. 8. — Declaring he has been deluged with complaints against the code, Representative Siro- vich of New York within the next week or 10 days will call a meeting of some 30 of his colleagues to dis- cuss the resolution providing for a film investigation introduced by him during the special session of Congress last spring, to determine whether it shall be pushed. At the same time, he said, he will ask his fellow Con- gressmen for their ideas as to whether the desired investigation should be widened. The complaints reaching Sirovich, it is understood, center largely around block booking and alleged monopolis- tic practices, and it is indicated he will ask his colleagues whether the in- vestigation, if pushed, should include a study of the code and the negotia- tions leading up to its adoption. W. H. Doherty Soon To Join NRA Staff Washington, Jan. 8. — William H. Doherty, well known here in news- paper circles and formerly a member of the staff of Universal Service, is to be appointed an assistant deputy ad- ministrator and attached to the film division, it was made known today by the Recovery Administration. William H. Farnsworth, formerly assistant deputy administrator, has been promoted and now drops the "assistant" from his title. What do I think of "Roman Scandals"? Well, I'll guarantee you more money than any Cantor ever earned. Jim Yiannis, Grand Theatre, Dubuque, Iowa. The Leading Jfewsp3j>et|| Motion^ Picture Industry MOTION PICTURE DAILY Alert, Intelligent the Inlilstry in All Branches VOL. 35. NO. 8 NEW YORK, WEDNESDAY, JANUARY 10, 1934 TEN CENTS Yamins Vows To Champion Indies' Cause N .E.ShowmenHonorHim At Boston Dinner By RED KANN Boston, Jan. 9. — Expressing his confidence in men like Sidney R. Kent and conceding independent in- terests in the industry were repre- sented on the Code Authority with a minority vote, Nathan Yamins to- night voiced his helief a fair deal seemed assured. His efforts, he de- clared, would be toward combining with Charles L. O'Reilly and W. Ray Johnston, also members of the Code Authority, in a move to champion the cause of the independents and by this constant championing seek to swerve Code Authority members represent- ing major interests to such a sym- pathetic and lasting point of view. Yamins' talk came as one of the highlights of a dinner tendered in his honor by the New England film in- (Continued on page 8) Goldwyn Sees Jump In Theatre Scales Chicago, Jan. 9. — Where admission prices are below normal they will have to go up to meet increased costs under the NRA, declared Sam Gold- wyn, passing through here on his way to New York. "Labor and other costs have mount- ed so considerably," he said, "that I don't see how they can be absorbed unless admission scales are raised where they are low at present. He mentioned specifically the 25- cent top at Loew's Midland, Kansas City, where, he said, the scale is too low for the quality of the pictures {Continued on page 2) New Theatre Union' Seeks Recognition Demands for recognition of Local 118, Building Service Employes Union, and for a closed shop with a 40-hour week and wages commensu- rate with NRA standards, and a six- day week were voiced by 1,500 mem- bers of the new local at a dual meet- ing at Bryant Hall last night. Ushers, janitors and doormen were repre- sented. The first meeting convened at 8 o'clock and the last at midnight. The meetings went on record (Continued on page 8) Erpi Experimenting on Broadcasting by Phones 107 Names in Second List Of Authority Continuing its publicity drive on recommendations for nominations on the 64 clearance and zoning and griev- ance boards, the Code Authority lists 107 names from 17 key centers as the second list of applicants. Again the authority reminds those making suggestions that they have 10 more days left in which to send in names. Unless candidates mail in compliance forms by Jan. 31, they will not be considered by the com- mittee of six making the selections. The second list of suggestions fol- lows : Boston — George A. Giles, E. M. Fay. Stanley Sumner, George Ramsdell, Martin J. Mullin. Buffalo— W. H. Cadoret, John Reed, Sid- ney Samson, Jack Berkowitz, Vincent J. McFaul, Charles Hayman, Leon Shafer, H. T. Sixon, Dave Miller. Chicago — Henry Herbel. Cincinnati — Maurice White, Paul Krieger, (.Continued on page 8) Authority Finances Up for Further Talk An adjourned meeting of the second Code Authority session, scheduled for tonight at H. M. Warner's office, will discuss a workable plan for financing the authority. Although headquarters in the RKO Bldg. are set, official an- nouncement will be made after to- night's session. S. R. Rent will pre- side. Code Assents Warning Given By Kuykendall Qualified assents to the code, or approvals of it with any reservations whatever, are not acceptable to the Code Authority, Ed Kuykendall, mem- ber of the authority and M.P.T.O.A. president, said in a statement issued here yesterday. "It is my firm opinion that any as- sociation or individual who advises exhibitors, or anyone else in this industry, that they should send in an an assent to the code with any reser- vations whatsoever, is misleading those to whom they make the state- ment and in all probability is helping them to get into serious difficulties," (Continued on page 8) Non-Signers Can't Protest — Rosenblatt Washington, Jan. 9. — Reports the NRA has issued a ruling that exhibi- tors need not sign the code as a re- quirement to the filing of protests against clearance and zoning sched- ules were today declared at adminis- tration offices to be without founda- tion. Division Administrator Sol A. Ro- senblatt said he was without knowl- edge of such a ruling. The provisions of the code itself, requiring accept- ance as a condition to the securing of relief, he asserted, have not been amended or suspended. NRA Man Here Charges Code Is Loosely Drawn Claiming that the film code was loosely drawn, James H. Hodgson, regional NRA compliance board chair- man, yesterday proposed reopening hearings on the code in an attempt to tighten the moot points which are being contested by various factions in the industry. He made the proposal before members of Local 306, I.T.O.A. and Allied M. P. Operators at a hearing on code violation charges filed against the I.T.O.A. and Allied union by Harry Sherman, president of Local 306. While he pleaded with the I.T.O.A. and Allied operators to observe the spirit of the NRA in connection with (Continued on page 8) Many Enter Home Field With W. E. Building New Apparatus Experiments in broadcasting over telephone wires direct to homes are being conducted by Erpi, and, provid- ing the development proves to be com- mercially feasible, will result in Erpi's entering a new field as merchandiser of the equipment involved. Manufac- turing would be handled by Western Electric, Erpi's parent company. Although the experiments now un- der way have progressed to the extent where the Gotham Hotel has been wired for telephonic broadcasts, it is known that the .plan is not yet revenue- producing. The most that is claimed for it, to date, is that it has demon- strated that transmission of broadcasts by wire can be far superior to radio transmission, particularly in sound re- ception. The plan is understood to contem- plate amplification of broadcasts by a system similar to that now employed in "stepping up" trans-oceanic tele- phone conversations. Reception in the home would be by a loud-speaker at- tachment for wires with charges, de- (Continued on page 2) No Film Help Seen In Foreign Quotas Increased import quotas obtained from France and England by the State Department are not regarded by representatives of major company for- eign departments here as having any direct effect on American film exports at this time. It was pointed out that the Administration's policy is to fa- vor agricultural products wherever re- laxed quota regulations permit an in- crease in our exports, and such prod- ucts are regarded as the first to bene- fit from the quota negotiations at this stage. Where an increase in our agricul- tural exports cannot be absorbed, man- (Continued on page 2) Chase States Film Interests Improve The Chase National Bank, in its annual statement issued yesterday, reported that considerable progress had been made in 1933 in safeguarding (Continued pit page 2) MOTION PICTURE DAILY Wednesday, January 10, 1934 MOTION PICTURE DAILY (Registered U. S. Patent Office) Vol. 35 January 10, 1934 No. 8 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 ¥ucca Streets, Victor M. Shapiro. Manager; Chicago Bureau: 407 South Dearborn Street, Edwin S. Clifford, manager; London Bureau: 1021 A Finchley Road, Golders Green, Bernard Charman. Representative; Berlin Bureau: Berlin-Tem- pelhof, Kaiserln-Augustastrasse 28, Joachim K. Rutenberg, Representative; Paris Bu- reau: 19, Rue de la Cour-des-Noues, Pierre Autre, Representative; Rome Bureau: Viale Gorizia, Vittorio Malfassuti, Representative; Sydney Bureau: 102 Sussex Street, Cliff Holt, Representative; Mexico City Bureau: Apartado 269, James Lockhart, Representa- tive; Glasgow Bureau: 86 Dundrennan Road, G. Holmes, Representative; Budapest Bureau: 11_ Olaaz Fasor 17, Endre Hevesi, Representative. 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. "Cavalcade" First in Film Daily '33 Poll "Cavalcade" was voted the first on Film Daily's 10 best pictures of 1933. The Fox picture scored 304 of 384 votes in the test. Runner up was "42nd Street," a Warner film which chalked up 209 votes. The other eight selections follow : "Private Life of Henry VIII," (U.A.), 187 votes; "Lady for a Day," (Col.), 173; "State Fair," (Fox), 169; "Farewell to Arms," (Para.), 167; "She Done Him Wrong," (Para.), 158; "I'm a Fugitive from a Chain Gang," (Warners), 156; "Maedchen in Uniform," (Film- choice), 137; "Rasputin and the Em- press," (M-G-M), 128. MOTION PICTURE ALMANAC 19*4-35 NOW /N PMPAAA T/ON WHERE THE WORLD LOOKS FOR MOTION PICTURE facb Flash Reviews "Cross Country Cruise" ( Universal) A well-knit, smoothly running story, with both young and old appeal. . . "The Fighting Code" {Columbia) Will please western fans to a "t." Buck Jones puts this over with a bang. . . . "Big Time or Bust" (Capitol) Little of originality is to be found in "Big Time or Bust." . . . However, there is some good acting and some glittering settings. . . . "Public Stenographer" (Showmen's Pictures) Fairly entertaining melodrama which would go nicely on a dual pro- gram. . . . Complete reviews of these films will appear in a later issue of Motion Picture Daily. No Film Help Seen In Foreign Quotas (Continued from page 1) ufactured products may then be sub- stituted, it was said. The new French quota allowances set aside the pro- jected restrictions announced last Sep- tember insofar as America is con- cerned and continues the quota totals existing for the last year and three- quarters, only 25 per cent of which had been allotted to the U. S. up to the time the new quota allowances were announced. Cullman Repeats Denial Answering reports that S. L. (Roxyl Rothafel would return to the Roxy, Howard S. Cullman yesterday reiter- ated "there is no change of any kind whatsoever contemplated in the man- agement or operation of the theatre." "Moulin Rouge" Shown Simultaneously with trade showings in all key cities of the country, "Mou- lin Rouge," 20th Century's latest star- ring Constance Bennett, was shown at the Astor yesterday morning. Postpone P. E. Meet A Publix Enterprises creditors' meeting scheduled for yesterday be- fore Referee Henry K. Davis was postponed to Jan. 16. Gold wyn Sees Jump In Theatre Scales (Continued from pane 1 ) shown. Last season Goldwyn forbade showing of his product first run at that price. Goldwyn was non-committal on whether he thought increased produc- tion costs would boost film rentals. He did say, however, that he has not changed his mind on opposition to any code ban on star raiding. He re- iterated that he was still in favor of "allowing stars full freedom in deter- mining- for themselves where they will work." Goldwyn will confer in New York with Eddie Cantor on his next picture and will then go to Russia. Flinn Back at Ampa John C. Flinn will again take up his post as president of the Ampa to- morrow, after being away one meeting. Flinn is executive secretary of Code Authority and attended a session of that body last Thursday. Gottlieb in from Mexico Bernard Gottlieb, manager of M-G- M's Mexico office, is in New York, having made the trip to attend his father's funeral. He will remain in town for three weeks. Most Issues Show Slight Gain Columbia Pictures, vtc. Consolidated Film Industries, pfd Eastman Kodak Fox Film "A" Loew's, Inc Loew's, Inc., pfd Paramount, cts Pathe Exchange "A" RKO Warner Bros 5 Erpi Testing Out Phone Broadcasting (Continued from page 1) signed to be very small, added to telephone bills. Control switches at the reception end would permit a selec- tion of dance music, classical or chem- ber music and sports or news events from noon of one day to 1 A. M. of the next. As use of the system de- veloped, it is understood, variety would be added to the broadcasts, and they would probably originate at cen- tral studios directed by Erpi. The experiments now under way at the Gotham employ only electrical transcriptions for the wire broadcasts. The success of the plan, it is sur- mised, would put Erpi, at present an accessory of the theatre and produc- tion industry, in the position of an en- tertainment producer and distributor. Technicolor Keith Bonds Rise Points High Low Close General Theatre Equipment 6s '40 4 334 334 Keith E\ F. 6s '46 5254 5254 5254 Loew's 6s '41. ww deb rights 86*4 8654 8654 Paramount Broadway 554s '51 30H 30J^ 30^1 Paramount Publix 554s '50 30 2954 2954 Warner Bros. 6s '39, wd..... 42 4154 42 Net Change + 54 VA + 54 + 14 4- 34 Sales 5 3 1 1 16 3 Academy Protests Guild Code Moves Hollywood, Jan. 9. — Despite pro- tests from the Academy that no groups or organizations have been re- quested to nominate candidates for code committee under the terms of a ruling received from Division Ad- ministrator Sol A. Rosenblatt, the Screen Writers' Guild is continuing its plan to submit a list of candidates for code committees. The guild has named Edward Law- son as its candidate for Code Author- ity, Ernest Pascal and Wells Root for the agents' committee, and H. P. Garrett, Rupert Hughes, Ralph Block, John Natteford, Seton I. Miller, Gladys Lehman, Samuel K. Conitz, John Emerson, Courtney Terrett. James Gleason, Dudley Nichols and Raymond Schrock for the five and five committee. Phillipson Arrives With Ticket Device Plans to strengthen the position of Automaticket England by creating a wider market for its product in this country through its American branch, the General Register Corp., were re- vealed yesterday by Percy Phillipson, managing director of both firms, upon his arrival here aboard the Aquitama. Phillipson hopes to introduce a tick- et taker described by him as "abso- lutely silent" and a machine that prints tickets as they are issued at the box- office. These machines, according to him, have never been marketed. Net High Low Close Change Sales . 23 23 23 100 . 3^4 354 354 + Vs 100 1134 1154 11% + ?4 200 . 80J4 80 80 + 34 600 . 1254 1254 1254 + 54 100 27 2634 267^ + V% 2,100 73 73 73 +1 100 . m VA m 6 11 1054 ii + 54 1.000 . 2VS 254 234 200 5 4% 5 + % 600 % on Curb Net High Low Close Change Sales . 854 854 854 + H 100 Chase States Film Interests Improve (Continued from page 1) its picture interests. Earnings for the year amounted to $25,298,094 before reserves and charge-offs. Discussing its film activities the re- port said : "During the year substantial head- way has been made in protecting and improving the interest of the bank in the Fox Film Corp., General Theatres Equipment, Inc., and associated en- terprise." Bishop Set for Clean-up Los Angeles, Jan. 9. — Bishop John J. Cantwell of the Catholic diocese of Los Angeles, said today a campaign definitely will be launched by him to boycott questionable films. UP GOES BUSINESS where these FOX pictures are playing \\JEM = *• 0 ST*** sls HOV.0 I AM SUZANNE! 'with DEM* prt\v. STOP LILIAN HARVEY GENE RAYMOND LESLIE BANKS Podrecca's Piccoli Marionettes Directed by Rowland V. Lee JESSE L. LASKY Production Lionel BARRYMORE in CAROLINA Robert Young • Richard Cromwell Henrietta Crosman • MonaBarrie Stepin Fetchit From Paul Green's "The House of Connelly' Directed by Henry King 2nd WEEK for SMOKY at the MAYFAIR, N.Y. Unstinted critics' praise (Daily News: irtrk) as most human horse ever born moves capacity crowds to laughs and tears. story so rich in drama . . . romance . . . humanness . . . and 8 humor . . . that two of the screen's outstanding stars have every opportunity to give fully of their inspired genius. £0 Your patrons always like FOX MOVIETONE NEWS TO COLUMBIA PICTURES CORP. OPENED SATURDAY WITH LETS FALL IN LOVE STOP THIS IS A GREAT AND UNUSUAL PICTURE FOR A MUSICAL STOP OUR AUDIENCE ENJOYED THIS VERY MUCH STOP COLUMBIA HAS GIVEN US SOMETHING NEW IN CLEAN CUT REALLY ENJOYABLE MUSICALS STOP PICTURE OPENED SPLENDIDLY DE- SPITE WORST WEATHER OF THE YEAR W T MURRAY RIALTO THEATRE ATLANTA GEORGIA "Top notch entertainment for anybody's theatre. LET'S FALL IN LOVE is a sock number which about tops current tunes in films . ." — Daily Variety "Really somethins new in film musical romances. It's good entertainment/7 — Buffalo Courier-Express ■ ir ■ -illllllii,, •;' •'':;„•• ■•Iji " I I II N ii'ii ■ | ' I"' I , iillll ' ;i Story and screen play by Herbert Fields Ann Sothern • Mi Direc CO L U ) LOWE dan • Gregory Ratoff id Burton D I r T I I D c Music and lyrics by Harold Arlen and Ted Koehler ^ke producers wko discovered and browfk KATHARINE HEPBURN to triumpkant stardom confidently offer the screen del) at of a Uazinq new star . . . . DESTINED FOR GREATNESS! PREVIEW COMMENTS: R "Stands out like an Orangeman in a St. Patrick's Day celebration. Variety (Hollywood) "May be well served as a promise of Nectar and Ambrosia to come from Lederer. M P. Daily WORLD PREMIERE THURSDAY, JAN. 11 RADIO CITY MUSIC HALL FRANCIS LEDERER ELISSA LANDS M 99 > mm m wee witk 3ienry Stephenson . . . . J^. tfarrell ^MacQ)onald .... CDirected by J^. QYc, MOTION PICTURE DAILY Wednesday, January 10, 1934 Yamins Vows To Champion Indies' Cause (Continued from page 1) dustry. Over 200 strong, independ- ent and affiliated exhibitors, met at the Copley-Plaza to take cognizance of the elevation to the Code Author- ity of a man from their own midst. "I regard the code as a marvelous opportunity for the industry at large and for the exhibitors in particular," he said. "I do not view the code in a literal sense because if I did I would be disappointed. There are many fundamental principles important to independents which are lacking and they should be there. Rather do I view the code as the NRA's expres- sion of the New Deal. The code itself expires on Jan. 1, 1935, but re- gardless of that I say the day is gone when ruthless operation in business may disregard the rights of the in- dividual." Sees Chance to Convince Others Yamins added he saw in his posi- tion on the Code Authority a coupling opportunity to drive his point home to other members who are identified with the larger companies and that "properly this is my task." Likewise he made it clear it was his opinion the Authority had to function ade- quately and thoroughly. He warned unless it did the government might step in further. "I am not frightened because we can carry only the minority vote," he continued. "I pin my faith on the record and the President and am cer- tain that if the majority vote is lack- ing in support of those measures that should be adopted the code will be changed. That, however, I do not think will be necessary." It became apparent on the basis of their utterances that O'Reilly, John- ston and Yamins will swing their vote in a block on Code Authority deci- sions. "There are two big fine things about the code. One is its title, which de- scribes it as a code of fair competi- tion and the other is the fact it was promulgated to protect small enter- prises." O'Reilly stated. He, like Ya- mins. expressed the opinion the Au- thority as a group will give every- thing it has to further fair trade prac- tices in the business. Myers credited Yamins with pos- sessing the only completely independ- ent point of view on Code Authority personnel. "You are one in 10 and vou will find the independents of the United States looking to you and to you only to represent their interests," the general counsel of Allied stated. Sidney Samuelson. president of New Jersey Allied, echoed Myers' senti- ments when he declared the destiny of the independents was in Yamins' '-■qnds. Other speakers included Edward Fav of Providence; Georsre Gile. nres- ident of the Allied Exhibitors of New England : Maurice Wolf. M-G-M manager here, and Walter Littlefield. Division Administrator Sol A. Ros- enblatt, who had expected to attend, sent a telegram instead. Several hun- dred letters and telegrams were re- ceived from persons unable to attend, as well as laudations from R. H. Cochrane, E. O. Heyl, George J. Honored © Bachrach Boston, Jan. 9. — Nathan Yamins, president of Independent Exhibitors, Inc., and a member of Code Authority, who was tendered a dinner by the industry in The Hub tonight. Schaefer and Kent. Justice Lewis Goldberg was toast- master and Max L. Levenson chair- man. Yamins will be presented with a silver table service. Tomorrow he leaves for New York for a meeting of the Code Authority in the evening. Among the guests were Governor Joseph B. Ely; General Daniel Need- ham, Massachusetts Commissioner of Public Safety ; Mayor Joseph Hurley of Fall River; Herbert McNary, city censor ; Abe Montague and Joseph McConville. Largely responsible for the dinner and the arrangements were Edward Ansin, Irving Green, Ralph Snider, George Ramsdell, Philip Smith, W. H. McLaughlin, Carl Myshrall, E. M. Lowe, William A. Viano and Frank Lydon. New Theatre Union Seeks Recognition (Continued from page 1) against "split" shifts and the "stag- ger" system for ushers and doormen, and members voted to attempt to end racketeering in employment agencies which were charged with gouging employes by a "hire-and-fire" system. Results of a survey made by the local and tending to show that second and third run theatre operators "were tak- ing advantage of Division Adminis- trator Sol A. Rosenblatt's utilitarian code which permits 'emergency' men to work more than 40 hours a week as skilled labor, by applying its pro- visions to janitors," were disclosed at the meeting. The meeting approved the naming of committees of three, representing ushers, doormen and janitors to draft new wage scales to be presented as a basis for collective bargaining. Word came to the meeting that the Springer & Cocalis circuit had called a meeting of employes for midnight last night at the Symphony and steps were taken to make the action a basis for charges before the regional NRA compliance board here that the circuit sought to circumvent NRA provisions for collective bargaining by holding the meeting at the same hour at which the meeting of Local 118 was being held. 107 Names in Second List Of Authority (Continued from pane 1) I. Libson, J. Real Neth, Stanley Jacques, Allan Moritz, W. A. Finney, William Keyes, Harold Bernstein. Cleveland— Martin G. Smith, Nat Wolf. John Kumler. Charles Burton. Dallas — H. H. Cluck, O. A. Englebrecht. Roy L. Walker, L. C. Tidball. Detroit — Lester Sturn, J. L. Saxe, E. C. Beatty. Ed Kirchner. J. E. Flynn, Carl H. Shalis, Robert Peltier, Charles A. Kom- er, James C. Ritter. Kansas City, Mo. — Clarence Schultz. Ward Scott, William Troog. William Warner. Los Angeles — Jake Milstein, Al O'Keefe, Lou Halper. Ben Berinstein. Memphis — Paul Wilson, Jimmy Rogers, Howard Waugh, Bill Ruffin, Page Baker. W. E. Sipe, Cecil Vogel, M. A. Lightman. T. W. Sharp, A. J. Suzore. Milwaukee — A. D. Kvool. New Orleans — Harry McLeod. Joe Bar- celona. J. Alsino, C. J. Briant, Will Shields. Maurice F. Barr. Bert Kiern, Luke Con- ner. Huston Duvall, Rodney Touts. North and South Carolina — Ira Furman, H. E. Everett. H. F. Kincey. Charles W. Picquet. J. F. Kirby. R. J. Ingram, Mont- gomery Hill. Albert Sotille. Murphy Gregg. Sam Craver. Omaha— A. Mendenhall. C. M. Parkhurst. Harry Weinberg. C. E. Williams, Mort Singer. Nathan Dax. Philadelphia — Robert Mochrie. M. S. Lan- dow, Morris Wax. Leon Schlesinger, Robert Lynch. Harry Bodkin. Portland— Miss Ruth Doyle. Washington — A. J. Brylawski. Herman A. Blum. Robert Smeltzer. Sam Galanty. J. J. Payette. Walter Coulter. Louis Gar- man. William S. Wilder. Portland to Seek Rule on Giveaways Portland, Jan. 9. — Friendly com- plaints against three local theatres are to be made to the NRA in order to hasten a ruling on giveaways, lot- teries, etc., as a result of a decision reached yesterday at a meeting of 50 exhibitors and exchange officials at the M. P. Club. Homer Gill is leaving the city. As a result Ted Gamble was named on a committee which has been studying code infractions. Janitors Protest A complaint charging the Windsor Circuit, Brooklyn, wjth working eight janitors 84 hours a week for an av- erage wage of 16 cents an hour in violation of NRA provisions was filed with the NRA Regional Compliance Board here yesterday by Local 118, Building Service Employes Union. A hearing on the complaint was set for Friday. Code Assents Warning Given By Kuykendall (Continued from pane 1) Kuykendall's statement read. "Any serious-minded person who is in any way anxious to be helpful to the exhibitors in this country would not given such advice. "I know it to be a positive fact, ' the statement continued, "that the only acceptable assent that can be re- ceived by the Code Authority must be without any reservations whatso- ever, and I sincerely advise exhibitors not to jeopardize their interests by trying to evade the spirit of the code. The exhibitor's only procedure should be a whole-hearted assent, and then, if anything appears that is discrim- inatory or unfair, it should be taken up through the various boards and the Code Authority as the law requires. "Sign the regular, authorized form for code assent as sent out by the Code Authority," the statement con- cluded. "No other is acceptable." NRA Man Here Hold* Code Loosely Drawn (Continued from page 1) labor, Hodgson would not hand dowr a decision on the complaints, statin? he could not understand the film code He compared it with codes for othei industries and said he "wouldn't gc for it in its present form." Hodgson asked the parties presen not to make any statements after th( hearing. He expressed surprise tha the NRA permitted the code to gc out in its present form and he is als< understood to have criticized Divisior Administrator Sol A. Rosenblatt fo: not tightening up the loopholes. It is understood that the proposa for reopening code hearings will b made directly to Hugh S. Johnsor Nebraska-Iowa Men Vote Ban on Dual* Omaha, Jan. 9. — Independent ex hibitors from the country territor. voted unanimously today to eliminat premiums and to ban duals, provide the latter are dropped by metropolitai houses. This decision was the hig! spot of the first day of the meetinj of Nebraska-Iowa M.P.T.O. here. Sound Men Start Votini Hollywood, Jan. 9. — Sound men tc da>' began election of collective bar gaining representatives. U6 buyers marvel users sigh competiton gasp ENGINEERING SKILL CANONIZED IT The Leading Dai Newspaper of. he Motior Picture Industry MOTION PICTURE DAILY Alert, Intelligent ahda%y Faithf|| Service^ the Industry in All Branches «'OL. 35. NO. 9 NEW YORK, THURSDAY, JANUARY 11, 1934 TEN CENTS ^ew Theatre Union Scales Now in Work ,evey Says Rates Will "Knock 'Em Cold" "The new wage scales for ushers, initors and doormen will knock ex- ibitors cold," Charles C. Levey, sec- tary-treasurer of Local 118, Build- lg Service Employes' Union, said esterday, as committees of three from very theatre in the metropolitan area aving employes in the union began ork on the new scales. ' "The new wage scales will be the ■-nployes' retaliation," Levey said, for the present $10 and $14 scales hich are economically unsound and hcially unjust." Levey declared that "recent wage eductions by theatre operators which •rought the maximum here to the linimum permitted by the code (.Continued on page 6) jabor Board to Rule )/i N. 0. Union Issue ' New Orleans, Jan. 10. — Whether nion men who go out on sympathetic :rikes when they have no grievances lemselves are entitled to considera- ion is to be decided soon by the Na- .onal Labor Board. A hearing has een ordered for Jan. 16. Last September, when vaudeville .eemed to be on the wane, Loew's "ave the musicians two weeks' notice, "hey went on strike. Operators and :agehands went out in sympathy and ^ere replaced by non-union men. Now le operators and stagehands are de- landing reinstatement. 1 J nion Wins Kansas NRA Labor Dispute Arkansas City, Kan., Jan. 10. — : he first labor dispute arbitrated in lis territory under the industry code as resulted in a ruling favorable to ,nion employes. The I. A. T. S. E. jivoked the code's overriding pro- Jision relating to wage scales and (.Continued on page 6) rack Miller Cited For Court Contempt • Chicago, Jan. 10. — Investigation in- i the income of Tom Maloy. head : the operators' union, which brought I number of exhibitors before the rand Jury vesterday, has resulted in (.Continued on page 8) Dubinsky to Seek Test of NRA Power Opposing Enforcement of Aug. 23 Labor Terms Kansas City, Jan. 10. — Resisting union demands for a continuation of labor conditions prevailing Aug. 23, as provided in the code, Ed Dubinsky says he intends to seek a test of the XRA. "I have asked the National Labor Board to investigate who is violating the NRA," he said. Recently the I. A. T. S. E. filed a complaint with Division Administra- tion Sol A. Rosenblatt against the Dubinsky circuit, alleging violations in St. Joseph, Mo., and citing the union's inability to reach an agree- ment in Kansas City. Since that time Rosenblatt has been in communication with Dubinsky and the Kansas City independent theatre (Continued on page 6) Virginia Awaits Open Sunday Bill Richmond. Jan. 10. — Another open Sunday bill is to be introduced into the Legislature which convened at noon today, according to Vivian L. Page, representative from Norfolk. Public interest is thoroughly aroused at present because of the arrest of Walter J. Coulter and several of his employes for giving a charity benefit (Continued on page 8) Ontario Expects No New Government Tax Toronto, Jan. 10. — Agenda for the session of the Ontario Parliament which opens shortly contains no meas- ures intended to increase taxation on film exchanges or theatres, and no in- (Continued on page 8) One Real Colonel Cincinnati, Jan. 10. — Al- though four local exchange managers bear the title of Colonel on the staff of Ken- tucky governors, Arthur Fru- denfeld, division manager of RKO, can go them one better. He's a regular colonel of the U. S. Army. Allied Unit Mystified By Myers' Advice Chicago, Jan. 10. — A meeting of 75 members of Allied States unit here was thrown into a quandary today fol- lowing the reading of Abram F. Myers' analysis of procedure in as- senting to the code. Exactly what they are supposed to do appears now to be a mystery to them. When leaders of the local Allied unit refused to translate Myers' analy- sis into a definite recommendation, the question of code signing was thrown into the open meeting and resulted in a virtual demand that Myers and other Allied officers supply them with some genuine cue for action. Ed Trinz, of Lubliner & Trinz cir- cuit, voiced the sentiment of the meet- ing in declaring : "We have always followed Allied's lead in the past and (Continued on page 6) Sirovich Comes To Independents' Aid Washington. Jan. 10. — Charges that independents are being penalized and discriminated against under the code have been submitted to Repre- sentative William I. Sirovich by Abram F. Myers, it was made known by the congressman today. In his communication, the general counsel (Continued on page 6) Testimony Completed on $18,000,000 RKO Claims Taking of testimony on claims filed against RKO by Rockefeller Center, aggregating approximately $18,000,- 000, was completed yesterday by for- mer Federal Judge Thomas D. Thach- er, sitting as special master to hear all claims contested by Irving Trust Co., equity receiver for RKO. Rockefeller Center's liquidated claims against RKO are based upon breach of leases in non-payment of (Continued on page 8) Code Assents Total 2,500 In Two Days Compliances Pouring On the Authority in More than 2,500 code assents have been received in the first two days at the Code Authority headquarters. Compliances are pouring in from ex- hibitors from all over the country, in- dicating that the industry is cooperat- ing with the President and the NRA, according to an official spokesman. Included in the list were about 100 assents with reservations. These have been returned to the signers with new blanks and a letter pointing out that the form clearly indicates the "assent is invalid if qualified." Unless the signers of the invalid forms return the new blanks without modifications by Jan. 31, they will not be registered to qualify under the code, it was stated. It was emphasized there is no pro- vision in the code giving individuals the right to sign twice, but since the authority is anxious to have everyone (Continued on page 6) Still Shorter Week Is Seen By Johnson Washington, Jan. 10. — Further reduction in working hours for prac- tically all industries is under consid- eration by the Recovery Administra- tion, it was made known today by General Hugh S. Johnson. This, with the coordination of all codes, is ex- pected to be brought up for discus- (Continued on page 6) Poster Code Meets Warm Denunciation Washington, Jan. 10.— Faced with bitter denunciation of his code by film producers, George P. Aarons, counsel for the National Poster Exchange Ass'n., today sought to withdraw the poster code for an undisclosed amend- ment to define the exact purpose of (Continued on page 6) Chicago Musicians Vary Stagger Plan Chicago, Jan. 10. — Approximately 300 local unemployed musicians will get one week's work each month under the plan inaugurated this week by the (Continued on page 6) 2 MOTION PICTURE DAILY Thursday, January II, 19 Unanimously conceded by press, public and exhibitors co be greater than his-"7th Heaven," Frank Bor- zage's "A MAN'S CASTLE" featur- ing Spencer Tracy and Loretta Young continues to cover itself with glory at the box-office. MOTION PICTURE DAILY (Registered U. S. Patent Office) Vol. 35 January 11, 1934 No. 9 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; Cotvin 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 ¥ucca Streets, Victor M Shapiro. Manager; Chicago Bureau: 407 South Dearborn Street, Edwin S. Clifford, manager; London Bureau: 1021 A Finchley Road, Golders Green, Bernard Charman. Representative; Berlin Bureau: Berlin-Tem- pelhof, Kaiserin-Augustastrasse 28, Joachim K. Rutenberg. Representative; Paris Bu- reau: 19, Rue de la Cour-des-Noues, Pierre Autre. Representative; Rome Bureau: Viale Gorizia, Vittorio Malpassuti. Representative; Sydney Bureau: 102 Sussex Street, Cliff Holt. Representative; Mexico City Bureau: Apartado 269, James Lockhart, Representa- tive; Glasgow Bureau: 86 Dundrennan Road, G. Holmes, Representative; Budapest Bureau: 11_ Olaaz Faspr 17, Endre Hevesi, Representative. 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. Flax Takes Astor List Flax Brothers have taken over Astor Pictures Corp. product for dis- tribution in Maryland, District of Columbia, Delaware and Virginia through the Liberty Film Exchange, Washington. The list includes 12 three-reel "Bud 'n Ben" westerns, 12 two-reel "Flash" thrillers and "Kill- ers of the Chaparral." T. J. Grady Dead Richmond, Jan. 10. — T. J. Grady, 52, well-known in theatrical circles here, who for several years had been living in West Point, Va., died at his home at that place. P. -P. Meet Is Postponed A Paramount Publix creditors' meeting scheduled for yesterday before Referee Henry K. Davis was post- poned to Jan. 17. Consolidated Film Leads Rising Market Net High Low Close Change Sales Columbia Pictures, vtc 23A 23A 23A + Ya 100 Consolidated Film Industries 3J4 3% 354+54 400 Consolidated Film Industries, pfd 12% 11J4 12% +154 2,200 Eastman Kodak 8154 80 81% +154 900 Fox Film "A" 1234 1254 12»4 .... 300 Loew's, Inc 27 26-/4 27 + Ys 1,800 Loew's, Inc., pfd 73H 73Vt 73H + H 100 Paramount, cts 2 V/& 2 + ft 2,400 Pathe Exchange "A" 1154 W7A HJ4 + A 500 RKO VA &A — Ys 400 Warner Bros S% 5% + Yt 3,000 Technicolor Off % on Curb Net High Low Close Change Sales Technicolor VA 854 %Ys — H 400 Loew Bonds Jump iys Points Net 'High Low Close Change Sales General Theatre Equipment 6s '40 4 4 4 + A 8 eneral Theatre Equipment 6s '40, ctf 4 4 4 s7 1 Keith B. F. 6s '46 52 5154 52 — 54 2 loew's 6s '41, ww deb rights S7Vt 8654 87% +VA 7 Paramount Broadway 554s '51 3054 3054 3054 + Vs 1 Paramount F. L. 6s '47 30 30 30 + H 2 Paramount Publix 554s '50 2954 29 2954 — 54 5 'athe 7s '37, ww 8854 88 88 3 Warner Bros. 6s '39, wd 42 4154 42 15 Jacob Genell Buried Jacob Genell, former exhibitor, who passed away late Monday evening, was buried yesterday following services held at Garlick's Funeral Chapel. He was 45 and left a wife and two daugh- ters. About a year ago he lost a son. Genell was formerly a partner in the Genell, Pekelner and Horowitz circuit and suffered a paralytic stroke shortly after the collapse of the or- ganization about three years ago. Temple Benefit Set The annual benefit for Temple Ezrath Israel for the maintenance of its Actors' Chapel will be held Sun- day night at the Majestic. Those who have promised to appear include : Wil- lie and Eugene Howard, George Jes- sel, Bert Lahr, Jack Benny, Mary Livingston and others. The commit- tee in charge includes Abe Lastfogel, William Rowland, Herman Bernie and Rabbi Bernard Birstein. South on Upgrade: Scully Back from a sales trip to the south, William Scully, M-G-M district man- ager, reports business has picked up to such an extent that exhibitors are keeping it no secret. Few, if any, the- atres are closed, Scully reports. He visited Washington and Charlotte be- fore returning yesterday. Delay Warner Suit Trial of the Department of Justice anti-trust suit against Warner Bros, based on the acquisition of First Na- tional was postponed yesterday to March 10. The action, pending for more than two years, had been sched- uled for trial in TJ. S. District Court here yesterday. i Purely Personal ► Douglas Fairbanks, Jr., will sail Saturday on the lie de France to re- sume work in London. He arrives here today. He has just finished "Success Story" for Radio. Maurice Chevalier will stay in town for a few days before leaving for the coast to start work in "The Merry Widow" for M-G-M. The George O'Briens (Marguerite Churchill) were interested spectators at the charity tennis match at the Gar- den last night. Herman Starr and Gradweli Sears leave this afternoon on the Orange Blossom Special for a short vacation in Miami. Rube Wolf has arrived from the coast and takes up the baton as master of ceremonies for the Roxy starting tomorrow. Dolores Del Rio and her husband, Cedric Gibbons, attended Tuesday's performance of "The Dark Tower." TWO LITTLE WORDS THAT MEAN A GOLD MINE FROM WARNER BROS. Felix Feist for M-G-M tion. general sales manager is on a two weeks' vaca Bert Sanford of Erpi is in Boston and will remain there for the rest of the week. Barbara Stanwyck is due in town in a day or two for an indefinite stay. Terry-Toons Booked "Sunny South," a Terry-Toon, has been booked into the Music Hall, be- ginning today. Another Terry-Toon. "The Village Blacksmith." has been booked over the entire RKO metro- politan circuit for the week starting Saturday. Headliners for Ampa Dolores Del Rio, Walter Huston, Howard Hawks and Cedric Gibbons will grace the Ampa roster today in addition to fan magazine editors. John C. Flinn will preside. Over ten million readers of daily newspapers get a laugh out of George Herriman's comic strip, "KRAZY KAT", but many more millions get a hundred laughs out of each "Krazy" on the screen! Tongues are buzzing in Hollywood about Frank Borzage's "Men Of Tomorrow," based on Ferenc Mol- nar's world famous novel. They're all saying that it's one of the big- gest things he's ever done. Keep your eye on this one! You're in for one of the most de- lightful surprises of the year when you hear Ann Sothern sing the hit songs in "LET'S FALL IN LOVE," asparkling musical romance featur- ing Edmund Lowe, with Miriam Jordan and Gregory RatofF Best business Orpheum Theatre (San Francisco) has enjoyed since start of present policy has been with your current picture, 'Cross Country Cruise/" —Charlie Caballero Manager JUNE KNIGHT ALICE WHITE, Alan Dinehart, Eugene Palette, Henry Armetta. Story by Stanley Rauh. Produced by Carl Laemmle, Jr. Directed by Edward Buzzell. Presented by Carl Laemmle. a til j h LJAoa. 1934 Uutuy- tiUiiq/A^o( 1 934/ E R The biggest film sensation in 10 years! Never such a drama packed with thrills! The miracle pictnre of the screen ! 8EERY Metro- Goldwyn Mayer's Mightiest Entertainment EDMUND BILLIE LOWE BLlftKE From ch« 5m rL KurU •awe t>t»T br GEORGE S. KAUFMAN. •mi EDNA FERBER. \xrtsd<- o^ton- \MiC TJ^ 0/u tuAmiroo) H ITS/ «8ssssew ^^^^h^ , ^.A HAVE YOU ENTERED THE "FUGITIVE LOVERS" $200 PRIZE CONTEST! MOTION PICTURE DAILY 6 Code Assents Total 2,500 In Two Days (Continued from page 1) sign the compliances, it is giving the men in doubt every opportunity to clear the misunderstanding on reserva- tions by Jan. 31. Newcomers in the industry will be given 45 days after entering the busi- ness to assent. This means that an exhibitor, producer or distributor making his debut after Jan. 31 has a month and a half to afhx his signa- ture, without reservations, to the com- pliance draft. The various boards to be set up under the code will keep check on the newcomers. Inasmuch as no exhibitor unit, as an organization, can file protests with grievance boards to be set up in the 32 key cities, no assent is required, it is pointed out that the assent is an individual matter and not an or- ganization affair, and only exhibitors, distributors and producers signing the code 100 per cent can make com- plaints. With only a half dozen suggestions for nominations on the clearance and zoning and grievance boards received at authority headquarters yesterday, the names are being withheld until to- day when additional recommendations are expected. Incidentally, few ex- change men are being suggested for the various boards. About 10 branch managers are only listed in the 307 names already on file. The authority is urging that recommendations should be made before the Jan. 20 deadline. Those who sign assents after that date will be considered for the 64 zone posts. Headquarters Definitely Set At a meeting of Code Authority last night, it was decided headquarters will be established on the 23rd floor in the RKO Bldg. The Administrator, it was said, has signed an order extend- ing indefinitely the date for setting up the various clearance and zoning and grievance boards, originally set for Jan. 1. Definite means of financing the Au- thority were deferred until a survey on costs was made. Charles L. O'Reilly, Nathan Yamins, Harold S- Bareford and J. Robert Rubin were appointed as a committee to prepare a manual for rules and regulations of the 64 boards. The meeting was adjourned at 11:40 until Jan. 23, when R. H. Cochrane will preside. Eddie Cantor arrived as the meeting broke up. M. H. Aylesworth walked out at 10:30. Poster Code Meets Warm Denunciation (Continued from page 1) the trade. Assistant Deputy Adminis- trator John W. Power withheld per- mission. Charging the group sponsoring the poster code was not representative of the industry, Edward C. Raftery and Gabriel L. Hess, told Power the pro- ducers would more properly come under the terms of the definition of the code than the proponents them- selves. Declaring the poster exchanges get their supply from exhibitors, who al- legedly consequently violate their agreement with the producers, Hess told Power they then re-rent the ma- terial to other exhibitors. The prac- tice, he said, has cut the available market by 40 to 45 per cent to the detriment of both distributors and lithographers, and inferred that such a practice was illegitimate, although he said little could be done about it. This practice has deprived labor of $1,000,000 and 500,000 work hours, it was asserted by Nathan Vidaver, counsel for the National Amusement Lithographers Ass'n., who added a large amount of unemployed labor can be put back to work if the practice is eliminated. Defending the position of the mem- bers of his organization, Aarons re- ferred to what he termed an "optional clause" in contracts between distrib- utors and exhibitors and declared this made it legitimate for the exhibitor to turn advertising material, which would otherwise be destroyed, over to the exchange trade. As a result of the controversy, Power threw the code into the dis- card and met with representatives of the two factions in an effort to de- velop an accepable agreement. It was proposed by the poster representatives that the producers draft a code of their own, but this was overruled by Recovery Administration officials. Still Shorter Week Is Seen By Johnson (Continued from page 1) sion at the meeting here next month of 200 code authorities. Pointing out that some concerns find themselves required to operate under as many as eight or 10 codes, John- son described this situation as "im- possible" and declared that, with prac- tically all industries now codified, the time has come to eliminate differences in the basic provisions of the various agreements. Statistical studies of all industry, he said, have shown • that the 40-hour week will not absorb all the unem- ployed and that a further reduction, probably to 32 hours, will have to be made. Sirovich Comes To Independents' Aid (Continued from page 1) for Allied declared it is necessary for some steps to be taken by Congress to assure justice to independents and urged pushing of the Sirovich inves- tigation. Discussing communications which have reached him since the begin- ning of the session, the congressman said the independents were going to petition all the members of Congress and might "stage a march on Wash- ington if their demands are not met." Start Work on Ad Code A meeting of the standards com- mittee of the Federation of the M. P. Industry will be held tomorrow at the Monogram offices to begin draft- ing production and advertising codes of ethics for independent producers and distributors. Major circuit and publicity heads met yesterday at the Hays office on advertising and will meet again today. Allied Unit Mystified By Myers' Advice (Continued from page I) we will do so now if we are correctly advised." Aaron Saperstein, head of Illinois Allied, found himself "on the spot" when he was unable to meet demands that he speak for the national organ- ization in advising a course of action. He was also unable to say whether non-signers of the code would lose their Blue Eagle. Myers' analysis of procedure was interpreted by Andrew Cuser, of the Queens, as an invitation not to sign, but this interpretation was stoutly challenged by Sapejrstein. Coast Sound Men in Move to Join A.S.C. Hollywood, Jan. 10. — In the midst of a two-day balloting contest to de- termine who shall represent them in collective bargaining, studio sound men met last night at the Bell & Howell auditorium and declared they represented some 200 sound men who were "tired of unions" and wanted affiliation with the American Cine- matographers' Ass'n. Since the National Labor Board re- fuses to interfere in the local juris- dictional battle, it appears that most of the local sound men may get to- gether and affiliate with the Ameri- can Cinematographers. Chicago Musicians Vary Stagger Plan (Continued from page 1) musicians' unions, headed by James Petrillo. Instead of following the plan in vogue in New York, where unem- ployed musicians are given two days work the first three weeks of the month and one day the fourth week, the Chicago local is providing similar income in the form of one full week's work each month. Boston Travelers Return Abe Montague, Abram F. Myers, W. Ray Johnston, Joe McConville and Sidney Samuelson returned last night from Boston, where they at- tended a banquet tendered to Nathan Yamins at the Copley-Plaza on Tuesday. Yamins also was on the train and attended the Code Author- ity meeting last night. Myers will remain in New York for the rest of the week. M.P.T.O.A. Finances Up M.P.T.O.A. finances and annual convention plans were discussed yes- terday at a meeting of officers of the organization with Ed Kuykendall, president, at the Park Central. Kuy- kendall stated no action was taken. Dicker on St. Louis Deal St. Louis, Jan. 10. — Receivers for the Fox here are in New York con- ferring with Fanchon and Marco offi- cials on a deal to turn over the the- atre to the circuit, which now operates the St. Louis. Thursday, January II, 1934 Dubinsky to Seek Test of NRA Power (Continued from page 1) owners. The union charges that Du- binsky is defying the NRA, and the I. A. T. S. E. is demanding action in Washington. Referring to the recent futile at- tempts of the Regional Labor Board in St. Louis to arbitrate the St. Jo- seph controversy, Dubinsky said : "We found the regional board has no teeth. Washington is getting our story now.'' The controversy involves operators, stagehands and musicians. New Theatre Union Scales Now in Work (Continued from page 1) brought about a stampede of ushers, doormen and janitors to the union's membership." The wage scale committees now engaged in drafting new schedules to be used as a basis for collective bar- gaining with exhibitors are composed of one usher, one doorman and one janitor from each theatre having em- ployes in the union. The committees were named at a mass meeting of 1.500 members of the organization in Bryant Hall, Tuesday night, and will disclose the new wage schedules at a meeting of the committee of the whole within the near future. An initiation fee of $2 and dues of $1.50 per month have been set by the local. Queried on whether the local had I.A.T.S.E. backing, Levey said that it did not but that it expected the "cooperation of all labor organi- zations affiliated with the A. F. of L," was assured it under its charter. Union Wins Kansas NRA Labor Dispute (Continued from page 1) maximum hours as of Aug. 23, 1933, and made it stick. The differences involved the Bur- ford and Strand, Fox Midwest houses here, and members of Operators' Lo- cal 641. Under contracts which ex- pired Aug. 30, seven days after the. effective date of the overriding pro- vision, operators worked 56 hour; weekly. The prevailing wage was $4: a week. Booths were manned by one operator to a shift. In negotiating new contracts, the- union insisted on the code maximuir of 40 hours and the same scale paic for 56 hours. This would necessitati hiring an additional operator for th< remaining 16 hours, and the theatre; objected. Arbitration finally wa: agreed upon. No Union Meet Today No meeting is due today betweei the ITOA and Local 306 to negotiate : basic wage scale for local exhibitor; William Small, executive director o the exhibitor organization, stated fol lowing yesterday's meeting of th unit. He said the weekly session wa routine. .Ihursday, January II, 1934 MOTION PICTURE DAILY 'Dinner" Hits $17,500, Big In Pittsburgh Pittsburgh, Jan. 10. — With all iiouses running New Year's eve shows ind running well over capacity every- where, business last week was up lmost 50 per cent above average, .•ending 1934 off to a flying start. "Dinner at Eight" did $17,500 at the 'enn. Last October it played twice laily at the Nixon for three weeks t $1.65 top, the longest road show un for a picture here since "All luiet on the Western Front." At the Stanley, "Design for Living" attracted i lot of class trade as a result of the \"oel Coward name and did very well it $13,750. Although "Hoopla" at the Fulton clayed only five days and "Girl With- out a Room" four days, both houses 'lid more than the average six-day business, the Fulton gathering around ^6,200 and the Davis about $2,600. The Warner had "Convention City" md profited additionally by the pres- ence in the cast of Dick Powell, who . s quite a local favorite, doing $8,000, 'while the Pitt, with "Rainbow Over Broadway" and vaudeville, was also Considerably up at $5,650. Total grosses in six first runs were $53,700. Average is $37,000. ' Estimated takings for the week end- ng Jan. 6 : "GIRL WITHOUT A ROOM" (Para.) DAVIS — (1,700), 25c-35c. 4 davs. Gross: -52,600. (Average, for 6 days, $2,500) "HOOPLA" (Fox) FULTON— (1,750), 15c-3Sc, 5 davs. Gross: 96,200. (Average, for 6 days. $4,000) "DINNER AT EIGHT" (M-G-M) PEXN— (3,300), 25c-50c, 6 days. Gross: •f 17.500. (Average, $12,000) "RAINBOW OVER BROADWAY" (Chesterfield) ' PITT— (1.600), 15c-40c, 6 days. Stage: Harts Farm Fables, Delivery Boys, Texas Rangers, Bernard and Kaye, Jack and Betty Willing revue, Fred Lightner and Roscella and Robert J. Pauline. Gross: 55.650. (Average, $4,500) "DESIGN FOR LIVING" (Para.) STANLEY— (3,600), 25c-50c, 6 days. Uross: $13,750. (Average, $9,000) "CONVENTION CITY" (Warners) WARNER— (2.000). 25c-50c, 6 davs. Gross: 18,000. (Average, $5,000) , "Dinner" St. Louis Hit St. Louis, Jan. 10. — After cracking jail box-office records at Loew's State ■during the past three years, "Dinner At Eight" has entered a second week. The holdover postponed "Roman Scandals." originally set for the week of Jan. 5. Loretta Young's Next Hollywood, Jan. 10. — Loretta Young will appear opposite Ronald jColman in "Bulldog Drummond Strikes Back," and later in "The Fire- brand," co-starring Constance Bennett and Fredric March. Release of both films will be through United Artists. Karty Gets St. Louis Job St. Louis, Jan. 10. — Julius L. Karty, manager of the Shubert-Rialto, has been appointed assistant manager of . the new Municipal Auditorium under ! James E. Darst. The appointment has been approved by Mayor Bernard F. Dickmann. Looking 'Em Over "Cross Country Cruise" ( Universal) Eddie Buzzell, director of this bus story, has shrewdly combined travel lure, romantic interest, touches of comedy, and a smashing action fin- ish in spite of the fact that most of the story developments take place within the narrow confines of a bus. The scenery is worked into the stopovers and includes New York shots, Niagara Falls, prairies, Salt Lake City, mountains, desert and what seems to be a New Mexican village. Lew Ayres pursues June Knight into a bus terminal after she has spilled a suitcase full of feminine wearables from the top of a Fifth Avenue bus into his car. He is already on his way to a northwestern lumber camp practically in charge of Arthur Vinton, his father's agent, who is intent upon reforming him. Also on the bus are Alan Dinehart and his wife, Minna Gombell. Dinehart is also pursuing Miss Knight and trying to find some way of getting rid of his wiie. He finds it in a Denver department store when he shoots her with an arrow in a sporting goods department. Officers of the law catch up with the bus by plane in Nevada, and the big scene comes when Dinehart seizes the bus at the point of a gun. The plane lands in the road ahead of it, and in the smashup which follows the bus tips off into a lake. Eugene Pallette, a talkative guy who describes the scenery, and Robert McWade, a grouch, supply most of the comedy. It is a well knit, smoothly running story, with both young and old appeal, and ought to have some fine exploitation possibilities with Grey- hound bus lines. The Fighting Code' (Columbia) "The Fighting Code" will please western fans to a "t." Buck Jones puts this one over with a bang. He is commissioned to find the long lost son of a ranchman. When he turns up at the ranch after the ranch- man's death, the daughter believes he is her brother. Rather than break her heart by disillusioning her, he keeps up the pretense until just before the end. The people of the community believe the ranchman has fleeced them of their money. Jones sets to clear the dead man's name by round- ing up a gang that he believes killed the girl's father in order to steal the money which the people had intrusted to him. There is a fight that is a corker and plenty of action. Diane Sinclair is fine as the girl. Others in the cast are Alf James, Erville Alderson, Niles Welch, Ward Bond and Louis Natheaux. Di- rection is by Lambert Hillyer. "Man of Two Worlds," this morning's opener at Radio City Music Hall, was reviewed by wire from Hollywood on Dec. 27. "Sons of the Desert," last night's preview at the Rialto, zvas reviewed by wire from Hollywood on Dec. 12. MOTION PICTURE DAILY* HOLLYWOOD PREVIEW "Long Lost Father" (Radio) Hollywood, Jan. 10. — G. B. Stern's novel has been translated to the screen as a fairly entertaining melodrama. It lacks a definite punch to put it into the outstanding class, notwithstanding that John Barry- more, Helen Chandler and Donald Cook are in the top roles. Also in the cast are Alan Mowbray, Claude King, Ferdinand Gottschalk, Natalie Moorehead, Doris Lloyd, Phyliss Barry and Charles Irwin. Ernest Schoedsack directed. After deserting his daughter at childhood, Barrymore meets her again when he is called to witness the reading of his sister's will. He is a host in a ritzy restaurant and she has made a name for herself behind the footlights. Miss Chandler has no use for her dad because of his past and his attempts to make up are ignored. Later Miss Chandler is hired by Mowbray, owner of the eatery, as entertainer and, during her employment, continues to eschew her pater. She is content with her lover, Cook, but as time goes on, Miss Chandler goes ritzy too. At a treasure hunt party the heroine is accused of steal- (Continued on paqe 8) Women" Big Philadelphia Hit, $30,000 Philadelphia, Jan. 10. — Tremend- ous New Year's eve and New Year's day business shoved all grosses up. Outstanding was "Little Women," which grabbed $30,000 on the week at the Boyd. Right behind was "I Am Suzanne" at the Fox, which took $28,- 500, enough to hold it over for a sec- ond week. With this second week, the Fox drops its box-office scale from a 75 cents top to 65 cents. "Girl Without a Room" and Ted Lewis brought $26,000 to the Earle, and "Dancing Lady" gave the Stan- ley its best week in a long time with $22,000. "Lady Killer" went above the Stanton's average and "Duck Soup" was good for top notch second run business at the Arcadia. Total receipts were $146,500. Aver- age is $79,500. Estimated takings for the week end- ing Jan. 4: "ROMAN SCANDALS" (U. A.) ALDINE^-(UOO), 40c-55c-65c, 6 days, 2nd week. Gross: $14,500. (Average, $7,000) "DUCK SOUP" (Para.) (2nd Run) ARCADIA— (600), 25c-40c-50c. 7 days. Gross: $6,500. (Average, 6 days, $2,400) "LITTLE WOMEN" (Radio) BOYD— (2,400), 40c-55c-65c, 6 days. Gross: $30,000. (Average, $12,000) "THE GIRL WITHOUT A ROOM" (Earle) EARLE— (2.000), 40c-55c-65c, 6 days. Stage: Ted Lewis and his Revue. Gross: $26,000. (Average, $12,000) "I AM SUZANNE" (Fox) FOX— (3,000), 35c-55c-75c, 6 days. Stage: Ritz Brothers, Jeanie Lang, Walter Dah Wahl, Rhythm Rascals. Gross: $28,500. (Average, $16,000) "SHOULD LADIES BEHAVE" (M-G-M) KARLTON— (1,000), 30c-40c-50c, 6 days. Gross: $3,500. (Average, $3,500) "AS HUSBANDS GO" (Fox) (2nd Run) KEITH'S— (2,000). 25c-35c-40c, 6 davs. Vaudeville. Gross: $7,000. (Average, $7,000) "DANCING LADY" (M-G-M) STANLEY— (3.700), 40c-55c-65c, 6 davs. Gross: $22,000. (Average, $12,000) "LADY KILLER" (Warners) STANTON— (1.700), 30c-40c-55c, 6 rfav. Gross: $8,500. (Average, $7,000) Sally Eilers Rejoins Fox Hollywood, Jan. 10.— Sally Eilers returns to Fox for the leading fem- inine role in "Three On A Honey- moon," following a long absence from the studio due to disagreements over stories. The actress goes into "Manhattan Love Song," following completion of the former vehicle. Radio Signs Billie Burke Hollywood, Jan. 10.— Negotiations have been completed for Billie Burke to do one of the featured roles in Radio's "Finishing School." Ginger Rogers and Frances Dee have already been assigned to the cast. Wanda Tuchoch and George Nichols will co- direct as their first assignment under new directorial contracts. M-G-M Buys Dunne Tale Hollywood, Jan. 10. — M-G-M has purchased Philip Dunne's original, "West Point of the Air," for early production. Monta Bell will produce. No director or cast has yet been set. 8 MOTION PICTURE DAILY Thursday, January II, 19! Virginia Awaits Open Sunday Bill Testimony Completed on $18,000,000 RKO Claims from page at the Byrd on Sunday. They were exonerated in Police Court. Some changes in censorship regu- lations designed to facilitate collection of fees by the board are predicted. Governor Pollard has recommended an appropriation of $39,845, a decrease of $2,560. Some talk has been heard about an admission tax bill. Accounting Denied Upon Fox Brooklyn Supreme Court Justice Paul Bo- nynge in Brooklyn yesterday denied the application of Jennie Wyand for an order compelling the Continental Bank and Trust Co. to account for moneys taken in connection with the manage- ment of the Fox Theatre Building. The petitioner is a bondholder under a mortgage of $6,000,000 executed Sept. 1, 1926, on the building which is occupied by the Fox Theatre and of- fices and stores. A mortgage of $5,- 650,000 is still on the building. The petitioner claims that the bank has no right to carry on a theatre business She charges that she and other bond- holders are entitled to an accounting. Among other things she claims that there is $918,125 in unpaid interest on the mortgage. She alleges that the Fox Theatres Corp. executed a 32- year lease in Sept., 1926, amounting to $17,700,000 and quit the theatre Jan. 1, 1932. She claims that no action has been taken to recover this from the Fox organization. Fox Gives Up Prints On "Crooked Circle" Surrender by Fox of all prints, contracts and advertising accessories on "The Crooked Circle," produced by William Sistrom for World Wide release last year, was agreed to in connection with the settlement of an interpretation of Sistrom's contract, Fitelson & Mayers, attorneys for Sis- trom, disclosed yesterday. Sistrom will seek new distribution for his comedy-drama, which features Ben Lyon, ZaSu Pitts and James Gleason. Fox Starts Fourth New Unit at Studio Hollywood, Jan. 10. — Fox has started construction on the fourth building on the Movietone City ex- pansion program. The new building is a sound stage and when equipped will represent an investment of morp than $200,000. Construction of the three other buildings started a month ago. Fox Judgment Upheld New Orleans, Jan. 10. — Judgment for $3,372.62 awarded the Fox Film Corp. against John T. Jones of Fort Worth, Tex., by the U. S. District Court for the northern district of Texas has been upheld here by the Circuit Court of Appeals. This was for an alleged balance due on a con- tract. Pushing Lew Ayres Film Hollywood, Jan. 10. — Fox is hurry- ing preparations on "Fledgling's Romance" as a Lew Ayres vehicle. She's Off Midgets Hollywood, Jan. 10. — It hap- pened in "The Meanest Gal in Town." Zasu Pitts, finding the show to which she has received a pass, closed, asks the cashier what show to see. Says the money -taker: "Why not see 'Little Wom- en.' " Answers Miss Pitts: "I never did like midgets." Cleveland Party Feb. 12 Cleveland, Jan. 10. — The annual film party, proceeds of which are used for relief of members of the industry, will be held Feb. 12. The place is to be announced later. The party is given under the auspices of the Cleveland Film Board of Trade. Arrangements are being made by a committee con- sisting of I. J. Schmertz, Fox ; Hol- brook Bissell, Columbia, and John Himmelein, Paramount. Drew Again Heads Board Cleveland, Jan. 10. — Frank Drew. M-G-M branch manager has been elected president of the Film Board of Trade for the ninth consecutive term. Also re-elected were I, J. Schmertz. Fox branch manager, vice- president, and Holbrook C. Bissell, Columbia branch manager, treasurer Mrs. Georgia Mofifett is secretary. (Continued from page 1) rent on the two Radio City theatres and office space in the RKO building, and on breach of an agreement to pay the cost of the two theatres in the event of rent default. A report on the claims will be made later by the special master to the U. S. Dis- trict Court here. Taking of testimony on other con- tested claims against RKO, which aggregate approximately $20,000,000, is now under way. Pick Appraisers on Radio City Leases U. S. District Judge Bondy yester- day appointed Edward J. Crawford, vice-president of Charles F. Noyes, Inc., and Robert Huntley, in charge of appraisals for Joseph P. Day, Inc., to make appraisals of the leases held by RKO on the Music Hall and RKO Center theatres. Rockefeller Center, Inc., is seeking court approval of a claim of $10,- 000,000 against RKO for alleged breach of lease on the two theatres and also a claim of $5,000,000 for al- leged breach of lease on the RKO Building. Judge Thomas D. Thacher has been named special master to hear testimony on the claims, but no hearings have been held as yet. Appraisers retained by Rockefeller Center, Inc., are Russell V. Cruik- shank, real estate man. and Louis B. Altruter of Morris S. Ely & Co. Jack Miller Cited For Court Contempt (.Continued from page 1) a contempt citation against Jack Miller by Special Assistant Attornej General Leslie Salter before Federa Judge Barnes. Miller is charged with "contumt , cious conduct" while appearing as ; witness. On motion of Miller's at- torney, Elwood Godman, the Gran' Jury's evidence supporting Saltern charge was impounded by the cour with a hearing set for Jan. 16. Miller is reoorted to have mad< ambiguous statements to the Gram Jury regarding payment reported a: $85,000 to an alleged go-between foi Maloy. The payments, it is allege! were in connection with the elimina tion from theatres of fader men oi sound equipment. The government i:; attempting to prove that this monei went to Maloy, but was not reportc in his income statement. Miller is rei ported to have testified that he couk not remember the name of the persot receiving the payment. Ontario Expects No New Government Taz (Continued from page 1) crease in the amusement tax is con templated. The government closed the yea with a surplus of $476,000, and thi fact, together with the elections sched uled for June, makes it look as thoug' Parliament will deal leniently with th industry, as public support is needec It is expected that legislation wil provide concessions in regulation governing operators so that only on will be required. N. O. Opening Saturday New Orleans. Jan. 10. — Saturda openings are back again, Loew's Stat being the latest to join the parade. Th State, Saenger, St. Charles, Globe am Tudor are opening Saturdays. Th Orpheum still retains Thursday. Zukor Off for Coast Adolph Zukor left on his seasona trip to the coast yesterday. While i Hollywood he will discuss Paramoun spring production schedule wit Emanuel Cohen. He will be awa; two weeks. MOTION PICTURE ALMANAC 1934-35 /VOW /A/ P/tfPA/lA r/o/v MOTION PICTURE DAILY* HOLLYWOOD PREVIEW (Continued from page 7) ing money from Mowbray. Barrymore comes to the rescue by winning a bet from Mowbray in a phoney race track bet. With his daughter promising she will quit the show business and settle down with her lover, Barrymore sails for parts unknown to elude the police, who are after him for other phoney horse-racing bets in Australia. "Search for Beauty" (Paramount) Hollywood, Jan. 10. — Good entertaining program show, with real exploitation values based on the beauty ballyhoo to youth, and it should give a good account of itself box-officewise. Uncovering the gyp behind the health and exercise magazines which really retail merchandise, three racketeers, Timmie Gleason, Robert Armstrong and Gertrude Michaels, inveigle two Olympic champions, Buster Crabbe and Ida Lupino, to become their flash front as editors of a periodical. Due to the lurid policy of the publication, the Olympic athletes resign, receiving a health farm in the deal where they plan to house the winners of an international beauty contest. The racketeers, seeing the health farm succeed, plot to get it back, with the usual results. The story is heavily coated with humor and laughter. The interna- tional athletic number, with music by the American and British beauties, combines physical revelation with marching and calisthenics and has a stirring quality. Buster Crabbe is attractive in the lead. Miss Lupino, from England, with a stage heritage of four generations, has a distinct charm and beauty. Gleason, Armstrong and Michaels as menaces add the gayety. Direction and dialogue are nicely handled. It is possible that "Search for Beauty" may deliver the dollar line better than a program film, if elbow grease is placed on the exploitation curves. The Leading Daily Newspaper of the Motion Picture Industry MOTION PICTURE DAILY Alert, Intelligent Faithful 1 Service to the Industry in All Branches ,'OL. 35. NO. 10 NEW YORK, FRIDAY, JANUARY 12, 1934 TEN CENTS Third List of 303 Nominees Is Announced )ome on Previous Groups From Code Authority With 28 of the 32 key cities repre- ;nted, the Code Authority today lists 03 additional names in the third list f suggestions for appointments on 'ie clearance and zoning and griev- nce boards. Many of the names sub- litted have previously been registered y Executive Secretary John C. Flinn, ut since they have been sent in from iifferent sources in the territories ^presented, official listing must be Jiade for the record. However, the number of times an xhibitor or distributor has been ;ecommended will carry no weight Vith the committee of six making ominations for approval of the uthority. Each man named will have p stand on his own record and every hember. before being nominated, will (Continued on page /) NRA Names Labor, Extra Committees Washington. Jan. 11. — Appoint- ment of two Code Authority com- littees, on studio labor, exclusive of xtras, and on extras, was announced xiay by Division Administrator Sol Rosenblatt. The studio labor committee will insist of Pat Casey, producer labor jpresentative : Al Berres. interna- onal unions : Ed Smith, musicians' (.Continued on page 6) \ATSE Wins Studio Jurisdiction Vote | Hollywood, Jan. 11. — Voting by jjundmen to determine whether they anted to be under the jurisdiction f the I. A. T. S. E., the L B. E. W. f the A. S. C. has resulted as fol- I. A. T. S. E., 448; A. S. C, 93; B. E. W.. nine. It had been hoped that the voting ould settle the matter, but the fight (Continued on pane 6) Criticisms of Code "Silly"— Rosenblatt Refusing to comment on criticism lade against him by James H. Hodg- m, regional NRA compliance board (Continued on page 6) Board to Run Music Hall For Present — Aylesworth Operation of the Music Hall will be in the hands of an advisory board for the present, according to Mer- lin H. Aylesworth, and no successor to S. L. Rothafel is likely to be named for the time being. The board consists of L. Christie, Webster Todd and James Brown, representatives for Rockefeller Cen- ter, Inc., and Aylesworth, J. R. Mc- Donough and Major Leslie E. Thompson for RKO. Aylesworth stated that Thompson will have direct supervision of the house and Leon Leonidoff will be in general charge under him. The pres- Price of Fame Asked if Max Reinhardt would succeed S. L. (Roxy) Rothafel at the Music Hall, Merlin H. Aylesworth re- torted: "Who is he?" ent policy will be continued, accord- ing to current plans. Reports that negotiations were under way with Max Reinhardt were denied. Asserts Code Delays Chafe ITO on Coast Code Authority delay in naming clearance and zoning boards is "de- moralizing" exhibition and distribution activities in Southern California, re- sulting in admission slashes which may not be remedied even though they cost some theatres their Blue Eagles, Ben Berinstein, head of the I. T. O. of Southern California, who is here on a visit, said yesterday. Berinstein reported that Southern California exhibitors have been chaf- (Continued on page 7) Committee to Help Run Para's Houses A national advisory committee to aid in the decentralized operation of Paramount theatres with the com- pany's partners is to be set up, ac- cording to Ralph Kohn. According to present plans it will have six mem- bers, each representing one of the (Continued on page 2) Reliance May Make Two Pictures Here Tentative plans have been made for the production of two of Reliance's next four United Artists releases at the Biograph studio here, it was learned yesterday. The first will be "Frankie and Johnnie," which goes into production soon under the di- (Continited on page 2) 32-Hour Week For Industry Held Certain A 32-hour week for the film indus- try appears certain to figure in NRA developments within the next 30 days, industry observers here believe. The opinions are based on General Hugh S. Johnson's recent declaration that the 40-hour week has not absorbed a satisfactory number of the unemployed and must eventually undergo a further reduction. Film men yesterday cited a number of instances wherein the industry un- (Continued on page 7) Dispose of Publix Nebraska's Assets Omaha, Jan. 11. — Sale of assets of the bankrupt Publix Nebraska, Inc., for $14,000 to Tristate Theatres Co., of which A. H. Blank is president, has been made known by Paul P. Massey, attorney for J. W. Denman, trustee. Included in the property are the (Continued on page 2) Steps Taken For New Unit Of Exhibitors Schwartz, Springer and Cocalis in Move MPTOA Decides on Hollywood Meeting This year's convention of M. P. T. O. A. will be held in Hollywood about March 10, officers of the organization decided yesterday. While the date is still tentative, Hollywood stands as the official choice for the place. Formation of a new independent ex- hibitor unit in the metropolitan area got under way yesterday at an al- legedly secret meeting between a number of circuit heads at the Bret- ton Hall Hotel. The new organiza- tion, it is said, will find among its chief supporters A. H. Schwartz and Jack Springer and Sam Cocalis, who attended the session. Within the last week the Schwartz and Spring and Cocalis circuits have been suspended from the I.T.O.A. for non-payment of dues. If, and when, the new exhibitor association comes into being, it will be the third in the local territory. In addition to the I.T.O.A., of which Harrv Brandt is president, there is the T.O.C.C., with Charles L. O'Reilly at the head. O'Reilly's unit is the oldest and included in its mem- bership are major circuits as well as independents. New York City: is the only territory in the country which will have three exhibitor units if current plans ma- terialize. Operator Dispute In Chicago Settled Washington, Jan. 11. — Settlement of the controversy between operators and exhibitors in Chicago was an- nounced today by the NRA. Pointing out the code calls [for arbitration of labor disputes and (Continued on page 6) No Further Policy Shifts, Says Loew Shift in the policy of Loew's New York from a daily booking schedule to three changes a week with double features will not have any bearing on any other house in the circuit, David Loew said yesterday. He added that (Continued on page 2) List 195 Houses in Portland Territory Portland, Jan. 11. — Statistics com- piled by the Film Board of Trade here show there are 195 theatres with a seating capacity of 104,586, both (Continued on page 2) MOTION PICTURE DAILY Friday, January 12, 1934 MOTION PICTURE DAILY (Registered U. S. Patent Office) Vol. 35 January 12, 1934 No. 10 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- CAGO AN. Hollywood Bureau: Postal Union Lite Building, Vine and Yucca Streets, Victor M. Shapiro, Manager; Chicago Bureau: 407 South Dearborn Street, Edwin S. Clifford, manager; London Bureau: 1021 A Finchley Road, Golders Green, Bernard Charman, Representative; Berlin 'Bureau: Berlin-Tern- pelhof, Kaiserin-Augustastrasse 28, Joachim K. Rutenberg, Representative; Paris Bu- reau: 19, Rue de la Cour-des-Noues, Pierre Autre, Representative; Rome Bureau: Viale Gorizia, Vittorio Malpassuti, Representative; Sydney Bureau: 102 Sussex Street, Cliff Holt, Representative; Mexico City Bureau: Apartado 269, James Lockhart, Representa- tive; Glasgow Bureau: 86 Dundrennan Road, G. Holmes, Representative; Budapest Bureau: 11 Olaaz Fasor 17, Endre Hevesi, Representative. 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. Look for No Deal on Roxy Within 10 Days No deal for reorganization of the Roxy will be culminated for the next 10 days, Louis H. Pounds, chairman of the first mortgage bondholders' committee, stated yesterday. Several plans have been under consideration and no action is expected for an- other week. When that is done, the Federal Court must approve the deal. On Dec. 12, Carlos Israels, attor- ney for the first mortgage bond- holders, told the court that four re- organization plans were in his hands and that he expected to consummate one of them in about a month. However, it will take at least six months before financial entanglements in any reorganization deal are ironed out, it was stated from another authoritative source. Steffes-Cole Visit Kansas City Mystery Kansas City, Jan. 11. — Much mys- tery surrounds the short visit here the other day of Al Steffes, president of Northwest Allied States, and H. A. Cole of Dallas, president of Allied of Texas. It is reported they were interested in available local houses. In view of the fact that Steffes, Minneapolis op- erator, some time ago launched an expansion program, this may have some significance. Neither of the two called on Jay Means, president of the I. T. O. and close to Allied, or other organization leaders. Dispose of Publix Nebraska's Assets (Continued from page 1) Capital, Grand Island, Neb., and fix- tures of the World and State the- atres here. Repudiation of the leases of the World and State, held by the World Realty Co., has been filed here as a matter of form. Blank is already op- erating the houses on a new rental agreement. Omaha, Jan. 11.— -A majority of creditors of A. H. Blank Theatre Co. of Nebraska have filed written ac- ceptance of the bankrupt company's offer to pay a total of $1,038,000 in claims at the rate of 20 cents on the dollar. It is expected that the com- pany, which formerly operated the Paramount here, will be out of bank- ruptcy within a month. Committee to Help Run Para's Houses (Continued from page 1) territories in the United States and one for Canada. E. V. Richards of New Orleans has been named as representative for the southeast. The other representa- tives to be named will be for the southwest, the Chicago territory, the section west of Chicago and Canada. It is expected that the southwestern representative will be named at Dallas on Jan. 19. Columbia to Change Trio of Its Titles Hollywood, Jan. 11.— Three title changes are coming up at Columbia. The studio is looking for a new tag for the Frank Borzage picture, "Men of Tomorrow," having discovered that there is a European picture of that title. Colleen Moore's "Sisters Under the Skin" will be changed to "Men Need Women," with the former title being retained for another picture. Columbia is also looking for a new title for the Grace Moore picture, "Don't Fall in Love," because of its resemblance to the title of the recently completed musical, "Let's Fall in Love." Public's Reactions Unstable — Laemmle Hollywood, Jan. 11— Public reac- tions to films are more uncertain at present than they ever were prior to the depression, declares Carl Laem- mle. In the old days it was possible to feel the public pulse, he says, but at present audiences are more discrimi- nating. Pictures succeed in spots, he de- clares. Local politics, censorship and prejudice are factors. Present day films, he says, are bet- ter than they have been at any time during the past 25 years. Discussing trends, he makes the assertion that novelty films should be a success dur- ing the coming year, and "honest real- ism and frankness will mark new pic- tures." "There will never be a place for vulgarity," Laemmle insists. "No cen- sorship can possibly be as severe as that practiced in the studios today. We have more 'don'ts' in our code of ethics than any three other indus- tries." Allied Owners Case Taken Off Calendar Referee in Bankruptcy Theodore Stitt, in Brooklyn yesterday ordered removed from the calendar the motions to remove William M. Greve, presi- dent of New York Investors, Inc., as one of the three trustees in the case of the Allied Owners' Corp., bankrupt subsidiary of New York Investors. Greve and 11 other officers and di- rectors of New York Investors and its affiliates are under indictment in connection with the affairs of the affiliated companies. Argument on the motion for removal of Greve, which was made by Archibald Palmer, rep- resenting bondholders, was to have been held today. Robert P. Levis, attorney for Allied Owners Corp., however, told the referee that the re- organization plan was nearly complete and was to be submitted to the court shortly. Greenblatt in New Office Arthur Greenblatt, Inc., has just opened an exchange in the Film Cen- ter Building. Loew's Pfd. in %-Point Advance Net Consolidated Film Industries, pfd. Eastman Kodak Fox Film "A" Loew's, Inc Loew's, Inc., pfd Paramount, cts RKO High Low Close Change Sales 354 354 354 700 135* 1254 1354 + Vt. 2.200 8154 8054 81 - 54 900 1« 12% 1254 700 2756 2654 27 3.800 7456 74 7456 + 54 200 2154 21 K 2154 + 54 100 256 2 2 6,300 IK 154 154 300 1154 n 11 - 54 500 254 254 + 54 500 sys 5 556 2,700 Warner Bros 51, Technicolor Sole Opener on Curb Net Technicolor General Theatre Equipment 6s '40. Paramount Broadway 554s Paramount F. L. 6s '47. . Paramount Publix 554s '50. High Low Close Change Sales 854 m 85i 200 ; Rises IV2 Net High 456 Low 4 Close Change Sales 456 456 456 456 + 56 + 56 2 2 %7% 8754 87^ + 54 2 3154 3054 3154 +1 3 3054 3054 3054 + 54 5 31 30 31 +154 3 4254 4254 4254 + 54 15 i Purely Personal HARRY HERSHFIELD, create, of "Abie Kabibble," has a ne. series in the offing called "Accordir, to Hoyle." The cartoon strip will firsT appear in the Sunday Herald-Tribuv and daily later. Fredric March and his wife Florence Eldridge, with their adopts daughter, will arrive in New Yorl j next Monday on the Virginia. Par] of their vacation will be spent her: and the remainder at Madison, Wis Carl Brisson, Danish musical com ; edy star, fresh from the English stag< was partied by Paramount at the Wal dorf -Astoria yesterday, prior to hi; departure tomorrow for Hollywoo where he will be cast in an early pre duction. Ed Kuykendall left last night fo his home at Columbus, Miss., plannin to return about Jan. 21 for the ne.\ meeting of the Code Authority. Leon Schlesinger is in New Yorj at the Astor. He will stay a week be fore returning to the coast. Saul E. Rogers nursed a cold a home yesterdav. List 195 Houses in Portland Territori (Continued from page 1) open and closed, in the territory served by this board. This area cover! Oregon and Washington, parts c northern California and Idaho. Of these, 26 are circuit house? Seven are affiliated and 19 unaffiliate The remainder — 169 houses with seating capacity of 78,426 — are ir dependents. Oregon has the large: number, 140, with a capacity of 68 646. Twenty sound houses and eigl silent are closed in the territorv. Reliance May Make Two Pictures Hert (Continued from page 1) rection of Chester Erskine. The sec ond has not been selected yet. Th deal has been under discussion be tween Harry Goetz, head of Relianci and Ben Stoloff, who made "Joe Pa looka" for the company. Stoloff will be on his way back t the coast the early part of next wee but will make another trip to Ne1 York in the near future to definitel close the deal. No Further Policy Shifts, Says Loeu (Continued from page 1) every house operates on a differei plan and changes according to cond: tions. He said the reason the policy shi: was made at the Times Square hous was that there were too many house with double features in the New Yor neighborhood. This forced the mov< In addition, the price from 8 A. 1 to 1 P. M. is now 15 cents. F01 merly it was 25 cents at all time except holidays. NEWS OF THE WEEK IN PHOTO- REVIEW 5 i r v Pill $10 TOP set for Jan. 18th premiere of 'Fashions of 1934' at N. Y. Hollywood in first of roadshow runs for Warners' style, spectacle and song special. ° WARNER STUDIO LAUDED by N. Y Herald-Tribune in rave editorial for wide appeal of 'Anthony Adverse', 'British Agent', 'Napoleon' and other new year product. NEW CODE FOR LOVERS presen- ted to Broadway with Strand pre- miere of 'Easy To Love', Menjou- Tobin-Horton-Astor romantic farce.0 IT'S IN THE CARDS. Coast praise after rough-cut view of 'Gambling Lady' gives early forecast for success of Barbara Stanwyck in 'season's most unusual role'.* 'AS THE EARTH TURNS' COMPLETED. Latest of six Warner best-selling giants rushed to cutting room for early cash-in on story's popularity. *A Warner Bros. Picture °A First National Picture Vitagraph, Inc., Distributors FIRST STARRING ROLE for Aline MacMahon to be 'Fur Coats', coming Warner film by author of 'Blessed Event'. MOTION PICTURE DAILY Friday, January 12, 1924 Wurtzel Starts New Story Choice Group Hollywood, Jan. 11. — Sol Wurtzel started something new in studio or- ganization today when he began what he calls the story committee at the Fox Western Avenue studio. The committee consists of some 30 people employed in the writing and publicity departments. It was organ ized for the purpose of submittinj story ideas and to suggest for pro duction, stories, plays and novels with the exception of those that are current hits on Broadway and best sellers. The organization is also open to any studio employe. Any person sub- mitting a title will, if used, receive $25. Any one submitting a sugges tion for a story or play that is pur chased is to receive $250. Hollywood On Parade By BILL SWIGART Paramount Acquires Frisco St. Francis San Francisco, Jan. 11.— Paramount is apparently not worried by the local competitive situations. It has just leased the St. Francis, 1,440 seats, from Louis R. Lurie for 99 years at an estimated total rental of $7,400,000 Under the terms of the lease, it is un- derstood, Lurie agrees to start a new 5,000 seat house on the site within two years. Rumors are current that a number of small houses will close as a result of the terrific price competition in evi- dence here at present. "Success" Ruben's Next Hollywood, Jan. 11. — J. Walter Ruben is overseeing completion of the script and plans to start work on "Success" with Colleen Moore shortly for Radio. His last picture was "Man of Two Worlds," which opened at the Music Hall, New York, today. "Man of Two Worlds" was caught in Hollywood and wired for publica- tion in Motion Picture Daily on Dec. 27. The review said, in part: ". . . Francis Lederer has potentiali- ties, fire, distinguished ability and ap- peal for women. 'Man of Two Worlds' may well serve as a promise of nectar and ambrosia to come from Lederer later." Col. Signs Ann Sothern Hollywood, Jan. 11. — As a result of her work in "Let's Fall in Love," Ann Sothern has been signed to a new long term contract at Columbia. For the Library Readers of Motion Picture Daily who may have on hand copies of this publication for the following dates are re- quested by E. H. Anderson, director of the New York Public Library, to forward them to complete the library's files: May 1, 1933. May 11, 1933. June 21, 1933. Copies of these issues are no longer on file at Motion Picture Daily. Hollywood, Jan. 11. — Hollywood is beginning to kid itself through the medium of the screen according to the recent flare of gags pulled in various pictures satiring the eternal sunshine and virtual paradise, which has been its sacred tradition to extol. One of the recent Cagney pictures showed a situation wherein he picked California as a place to live in because of its all-year sunshine, beautiful flowers and wide open spaces, only to find upon his arrival, a downpour of rain, which is about the most miserable place one can find when it rains in California. A similar incident was portrayed in a Lou Brook two reel comedy and latest of all is in the picture "Advice to the Lovelorn". Here we get a radio announcer presenting Joe Gilch, president of a Chamber of Com- merce who extols California to the skies, comparing it to the North where they have snow and sleet, to the South where they have typhoons and floods, to the Middle West where they have hurricanes. . . . "But none of this, my dear listeners in, can be tolerated in good old Cal-I- Forn-ia." Just as he completed this sentence an earthquake topples over the studio and the picture flashes to a demolished town. If these incidents are to be a trans- lation of the native's impression of California, particularly in Hollywood, it is an indication that its people have grown up. No longer can one offend a native if you say the climate is temperamental, when heretofore if one ever talked adverse to the climatic conditions or environs, it courted a, breach of friendship or insulted the native whose tradition forced him to believe nothing could be wrong with California. Kidding incidents similar to the ones mentioned might have an influ- ence in moulding the minds of these dyed-in-the-wool natives and manifest at the same time that California can take it as well as dish it. • One reason for Jesse Lasky's trip to New York was to search for auburn-haired beauties for his forth- coming production of "Redheads.'' Overproduction of blondes in Holly- wood showing a ratio of 10 for every one brick top makes this move neces- sary. • Andy Clyde approached a riding master at one of the academies and requested a long horse. When asked how long, he said, "Long enough for nine people" . . . George Raft's trainer and bodyguard, known as "The Killer" is in the dog house for serving tea in the actor's dressing room. He even made the toast with Carole Lom- bard showing him how. • Ralph (Death Valley) Farnum has added Patricia Ellis to his long list of satisfied clients. The young woman has just had her contract with War- ners renewed. . . . Minerva Ure- Cal, noted for her radio characteriza- tion of Mrs. Pasquale, has never played an Italian role on the screen. Quite to the contrary she speaks her lines mostly with a broad 'A' just having finished a part as an English maid in "Old Hannibal" at M-G-M. Leonie Knoedler to < Make Indian Films Cincy Club Entertains Cincinnati, Jan. 11.— The first post-holiday affair of the recently or- ganized Variety Club was a sports luncheon at the Netherland Plaza. Guest speakers included : Larry McPhail, general manager ; Larry Benton and Eppa Rixey, pitchers, Cin- cinnati Reds ; Leo Durocher, short- stop, St. Louis Cardinals ; Johnny Ho- dapp, International League, Rochester ; and Bob Newhall, sports commentator of WLW, local broadcasting station. Judge Edward T. Dixon, new ap- pointee of the State Liquor Control Board, delivered a short address. Denver Holds "Scandals" Denver, Jan. 11. — "Roman Scan- dals" cops the honor of being the first film to be held a second week at the Denver. The gross for the week was close to $18,000, three times an average week, and better than any- thing in the past three years. Started slowly the opening day, but built rap- idly, with Sunday being better than Saturday. This is unusual in Denver. Short Subject Week Set Paramount will stage a "National Short Subject Week" for the seven- day period beginning Feb. 11, accord- ing to Neil Agnew, sales manager. 'Nellie" Opens Tonight Washington, Jan. 11. — The world premiere of Warners' "Hi, Nellie" will take place at the Earle here to- morrow night. Add 4 to "Moulin" Trip Eddie Quillan, Sterling Halloway, Hoot Gibson and Jack Mulhall have been added to the list of Hollywood players who will make the coast-to- coast tour in the "Moulin Rouge"- Socony- Vacuum tieup made by United Artists. Those who had previously agreed to make the trip were: Leo Carrillo, James and Airs. Gleason, Russell Glea- son, Raymond Hatton, Creighton Hale, Anna Q. Nillson, Mary Car- lisle, Johnnie Mack Brown, Mary Brian, Ben Turpin, Sally O'Neill, Sally Blane, Arline Judge, Patsy Ruth Miller and Nancy Welford. The trip will start Feb. 1 with Philadel- phia the first stop. Milwaukee Board Elects Milwaukee, Jan. 11. — Charles Trampe, Mid-West Film Co., has been reelected president of the Film Board of Trade for his sixth term. Other officers named include A. N. Schmitz, RKO, vice-president; Sam Shurman, M-G-M, secretary-treas- urer, and L. George Ross, Columbia, sergeant-at-arms. Statewide Hearing Off Milwaukee, Jan. 11. — A hearing for Statewide Theatres creditors scheduled for today was postponed to Jan. 18 to await the results of the Fox Wisconsin and Wisconsin Amuse- ment hearings before Judge Geiger next Saturday. Leonie Knoedler, daughter of the head of the internationally known Knoedler Art Galleries, has organized Leonie Knoedler M. P. Prod., Inc., to produce features dealing with American Indian life. The first, to be titled "Pueblo," is scheduled to go into production during March at Santa Fe, N. M., and negotiations with recognized Hollywood directorial and technical talent are under way to handle production, according to Fitel- son & Mayer, attorneys for Miss Knoedler. A script is being prepared by Harry Behn from a Phillip Steven son story, "The American." Mis Knoedler will require every one as sociated with production of the story to reside in New Mexico for a period of "atmospheric absorption" prior to starting work on "Pueblo," said Y. William Fitelson. Duals in 15 of 22 Columbus Theatres Columbus, Jan. 11. — A survey of the 22 independent neighborhood houses shows 15 double featuring on Satur- day, two on Sunday and one on Tues- day with admissions from 10 to 2U cents, tax included. The Sunday program at the Knick-: erbocker, downtown independent, con-: sisted of a feature, newsreel, comedy, cartoon and novelty short, plus four acts of vaudeville, with top admission of 17 cents, including tax. Hold Penix for Murder Fort Worth, Jan. 11. — Murder charges have been filed here against Earl Penix, Fort Worth theatre owner, for the alleged shooting of Ted Adams, 35-year-old radio crooner, during an altercation involving Penix's estranged wife. Penix had been charged with as- sault with intent to kill and released on $5,000 bond, but after the death of Adams the charge was changed to murder. Set Beery -Cooper Story Hollywood, Jan. 11. — A script is, now being readied for another Wal- i lace Beery-Jackie Cooper co-starring vehicle, titled "Cabby." The screen play is now being pre- pared by Lou Breslau, who recently signed a term ticket with the studio. I Cantor Serious Seriously, Eddie Cantor wants to do something new and different as his next ve- hicle. He wants to act seri- ously and has been discussing the matter with Samuel Gold- wyn in New York. The come- dian is considering a number of stories, he says, and will get together with Goldwyn on a definite selection next week. Cantor, who leaves April 1 for the Coast, says "Roman Scandals" is doing a tremen- dous business throughout the country. He was serious about it. A HEADLINE CAST GIVES A FRONT-PAGE SHOW! Entertainment stars give their talent- Motion Picture Daily gives this space- So you GIVE A HAND! BE ON HAND at the MILK and EGG LEAGUE - - BENEFIT - - FOR THE LOS ANGELES SANITORIUM FOR NEW YORK'S TUBERCULAR POOR NEW AMSTERDAM THEATRE 42nd STREET WEST OF BROADWAY SUNDAY, JAN. 28 • • • 8:15 P. M. • With 1,001 Stars of Stage, Screen, and Radio • A GRAND SHOW! A GRAND CAUSE! AND WHAT A GRAND AND GLORIOUS FEELING FOR YOU to know you've helped bring health and happi- ness to hundreds of New York's unfortunates! A PERCENTAGE OF THE PROCEEDS WILL BE DO- NATED TO THE ACTORS' FUND OF AMERICA. Make your reservations NOW! TICKETS ON SALE AT THE NEW YORK STRAND Or 'Phone Circle 7-5900 MOTION PICTURE DAILY Friday, January 12, 1934 Operator Dispute In Chicago Settled (.Continued from page 1) provides that, pending arbitration, there shall be no strikes or lockouts the Administration explained that on Jan. 4 Division Administrator Sol A. Rosenblatt was advised the operators in Chicago had disagreed with the exhibitors' association and had or dered a strike. "Immediately communication with Thomas E. Maloy, representing the operators union of Chicago, and direction of his attention to the pro visions of the code resulted in with- drawal of the strike order and an agreement to arbitrate immediately," it was stated. "The National Recovery Adminis- tration has just been advised that on Jan. 10 the arbitration was entirely successful and satisfactory to all par- ties concerned. The Administration has expressed its gratification to Mr. Maloy and to the Chicago Exhibitors Ass'n for their cooperation and entire compliance with the code." IATSE Wins Studio Jurisdiction Vote (.Continued from page 1) seems to be still on. Harold Smith, head of the I. A. T. S. E. local, calls it a "victory," and says he will in- sist that the Department of Justice force a recognition of his union in accordance with the National Recov- ery Act. H. P. Brigaerts, head of the I. B. E. W., says he is not alarmed over the apparent defeat. "They can vote until the cows come home," he says, "but we have a contract with the studios recognized by the National Labor Board." Pat Casey has nothing to say. Discuss Rules for Boards Under Code Charles L. O'Reilly, Nathan Ya- mins, J. Robert Rubin and Harold S. Bareford will meet at 11 o'clock this morning at Rubin's office to discuss the preliminary steps in pre- paring a manual of rules and regula- tions for the 64 clearance and zoning and grievance boards. The commit- tee was appointed at the Code Au- thority session late Wednesday eve- ning^ MOTION PICTURE ALMANAC 1954-35 NOW /A/ P/ifPA/iAT/O/V WHERE TH E WORLD LOOKS FOR MOTION PICTURE PRICt .J. S3 Looking 'Em Over "Easy to Love" ( Warners ) A fast-moving comedy of the double standard; highly sophisticated in theme but modified by the Edward Everett Horton treatment of in- offensive comic-seriousness. Adolphe Menjou, as the husband, is involved in an extra-marital affair with Mary Astor, which throws his wife, Genevieve Tobin, into the company of Horton, who has been the unresponsive escort of Miss Astor, while innocently in love with Menjou's wife. The latter, still in love with Menjou, definitely learns of his infidelity and, in an effort to recapture his devotion, makes a pretense of having an affair with Horton. The situation attains a climax in a roadhouse boudoir where the four have pursued Menjou's daughter and her fiance to save the girl from making what is known as a "mistake." It develops that the daugh- ter has staged the affair to bring her parents to terms and effect a reconciliation, which she does. Menjou renounces Miss Astor; Horton renounces Miss Tobin and Horton and Miss Astor arrive at an under standing. The picture, though fast-moving, is largely dependent on its dialogue for development. Guy Kibbee, as a "marrying parson," appears in the final sequence to win as much amusement from the audience as any- thing that has gone before. A little broad in theme but essentially light in treatment and effect. (Olsenfs Big Moment' (Fox) "Olsen's Big Moment" will be all right with those who appreciate the El Brendel type of humor. Brendel is the superintendent of a swanky apartment building. He gets himself into a tight corner when he is confronted with the prospect of being killed by a wild-eyed lad if he fails to stop the gal he loves from marrying a monied souse or by a gangster who surprises his sister in the company of Brendel and the rich guy at a speakeasy and insists upon a marriage, threatening Brendel with "the works" if he does not see that the ceremony goes through. Brendel's big moment comes when he routs the gangster and his pals and brings the two young lovers together. Walter Catlett as the wealthy drunk steals the show. Barbara Weeks and John Arledge are the lovers. Malcolm St. Clair directed. 'Fugitive Lovers,'' this morning's opener at the Capitol, was reviewed by wire from Hollywood on Dec. 21. 'Eight Girls in a Boat," this morning's opener at the Paramount, was re- znewed from Hollywood on Dec. 16. Beecroft Realigns Sun Haven Studios St. Petersburg, Fla., Jan. 11. — Re- organization of the Sun Haven Stu- dios, Inc., has been completed here with the naming of Chester Beecroft of New York, former production man- ager for William Randolph Hearst's Cosmopolitan studio, as chief studio executive. Beecroft has already taken charge and has organized the studio personnel preparatory to starting pro- duction around Jan. 22. Beecroft is well known in the in- dustry, having been production man- ager for Charlie Chaplin, Marion Davies, Douglas Fairbanks and others. The studio personnel as named by Beecroft follows : Frank Gatteri, as- sistant to chief studio executive; Fred V. Blair, general manager ; Harry G. Smith, scenario editor ; William A. Dawson and Richard Harrity, assistant scenario editors; Rondo Hatton, publicity director. Amity Buys More Shorts John M. Crinnion, head of Amity Pictures, has bought a series of pic- tures produced by Harold McCracken and M. J. Weisfeldt and released un- der the general title, "Seeing the U. S. A." Three are complete. They are : "Georgia," "Maryland" and "Out West Where the North Begins." New Yorkers Attend Hoblitzelle Session Dallas, Jan. 11. — New York ex- ecutives are well represented here at the three-day conference of officials and managers of Karl Hoblitzelle's Interstate Circuit, Inc., and Consoli- dated Theatres, Inc., the two organi- zations now operating practically all the former Publix and RKO South- ern houses in this territory. The two circuits control 86 theatres in 30 cities and towns. The meetings began Tuesday and will end tomorrow. Among those here from New York are: Harry Gold of United Artists; John C. Clark, Fox general sales manager; George J. Schaefer, Paramount gen- eral manager, and Stanley Waite; S. Charles Einfeld, director of publicity and advertising for Warners ; Jules Levey, general sales manager for RKO. Harry Ballance, southern district man- ager for Fox, and Carl Lesserman of Warners are also here. All the local exchange managers are attending. Hold Another Ad Meet Circuit heads and advertising rep- resentatives of the major distributing companies met last night at the Hays office for an interpretation of the ad- vertising clauses by J. J. McCarthy. NRA Names Labor, Extra Committees (Continued from page 1) union, and Dick L'Estrange, Califor- nia Federation of Labor. The extra committee, to work under Part 4 (A), Section 3 of the code will consist of Dr. A. H. Giannini, Mabel E. Kinney, Mrs. Una N. Hop- kins, Fred Pelton, Dave Werner, M. H. Hoffman, B. B. Kahane, Casey. Charles Miller, Larry Steers, Lee Phelps, Allan Garcia and Fred D. Burns. Miss Kinney and Hoffman. Kahane, Miller and Steers are desig- nated as the executive committee of ' the standing committee. No Walkout, States Attorney for ITOA Although Local 306 states that a meeting between the operators and the I. T. O. A., scheduled for yes- terday, was not held because the ex- hibitor group walked out on the plans, Milton C. Weisman, attorney for the I. T. O. A., says that the scheduled session was called off by mutual consent and that he has a let- ter from Samuel M. Birnbaum, at- torney for the local, to that effect. Weisman stated that he would meet representatives of the operators at any time to negotiate a basic scale agreement for local theatres. Complaints on File, Insists J. J. Finn James J. Finn, editor of Interna- tional Projectionist, yesterday took is- sue with Division Administrator Sol A. Rosenblatt's statement that no complaints on wage cuts under the code have been received by the NRA from operators. "I have in my files," he stated, "carbon copies of many complaints mailed to Administrator Rosenblatt, General Hugh S- Johnson and other interested parties." « < Criticisms of Code Silly" — Rosenblatt (Continued from page 1) chairman, that he should never have permitted the code to go out in its present form, that it was loosely drawn and should be tightened up, Division Administrator Sol A. Ro- \ senblatt characterized the charges as "silly," and not important enough to talk about. When Motion Picture Daily early I yesterday morning informed Rosen- blatt of the charges, the reporter had to go into detail and even explain who Hodgson was. No Alternate for Yamim No alternate will substitute for Nathan Yamins on the Code Author- ity at any meeting, the New Englanc exhibitor says. It is doubtful whether Charles L. O'Reilly, president of th( T.O.C.C., will name an alternate. Ampa Directors to Meet The board of directors of the Amp; will meet today to discuss member ship and other details pertaining t( the organization. iday, January 12, 1934 MOTION PICTURE DAILY isserts Code Delays Chafe ITO on Coast (Continued from page 1) g over the delay in setting up the cal clearance and zoning board for aeks and telephone inquiries from ie home scene as to a probable date Ihen the boards will be in operation live come to him daily since his ar- ival in New York. "The Los Angeles territory has had > clearance or zoning schedules," ;rinstein said, "and several months to, in anticipation of schedules be- g established under the code which ould be based on admission prices, (ere was a concerted move to in- ease admissions. However, the de- y in setting up local boards already us discouraged many exhibitors who e no possibility of current season leases being affected by new sched- ies and others are even doubtful hether schedules can be agreed up- i before next season's selling gets jider way. I "The result," Berinstein continued, s that subsequent run admissions are ick again to IS cents from the pre- tiling 25 cents of the past few onths. It is our fear that, with the 'st enthusiasm over NR. A wearing ?, many of these theatres may be clined to relinquish their Blue agles rather than go back to the gher scales, particularly if the local |>ards aren't in action soon. "The code," Berinstein pointed out, will add new costs to the already ■gher theatre overhead from in- eased labor costs under NRA. More- Ter, exhibitors in our section of the ' untry have no representative on the □de Authority and no direct contact ith it. We're like a lot of step- ' ildren out there, who learn what is ippening under the code several days !ter the rest of the country is fa- >iliar with it. All of these are seri- is things to an exhibitor out there, irticularly if he is already half in- ned to give up his Blue Eagle. How- er, I think the prompt naming of a jeal clearance and zoning board 'ould be the solution to most of our esent problems." Berinstein made it clear that neith- ;! his organization nor the large body J Southern California exhibitors had fty fault to find with the code itself jid predicted "100 per cent assent to by the membership in his organi- tion. Berinstein is contacting Code Au- |ority members here in an endeavor 3 obtain some assurance as to when |cal boards can b'e expected to begin -nctioning. He plans to remain here other week. JVo Agreement in MPTO Omaha. Jan. 11. — No agreement jas reached here at the M. P. T. O. .eeting on a plan for clearance and '■ning to be presented to Code Au- iority. Members found it impossible agree on a committee report. awyer NRA Aide Here Thomas J. Donovan, lawyer, has -en named chief NRA aide in New ork by Henry P. Wolff, newly ap- >inted city administrator. Third List of 303 Nominees Is Announced (Continued from page 1) be thoroughly investigated by the ap- pointing group. Although recommendations close at midnight Jan. 20, this does not neces- sarily mean that the men suggested for positions have to file code assents by that date. Deadline for return of compliance forms is midnight Jan. 31. Starting Jan. 21, the committee will start sifting the names submitted, but actual work on the appointments will not get under way until all assents are in. That may be later than Jan. 31, because a signed form mailed on the coast before midnight of the last day of the month is still good when it arrives Feb. 4. All compliances must be signed without qualifications to be valid. The list as released by the authority is as follows : Albany— R. C. Halligan, C. G. Eastman, Ray Smith, Charles Johnson, Nate Sanbar. C. H. Buckley, Lou Lazar, Wm. C. Smalley. Mr. Harrington. Charles Wilson. Morris Silverman. Bernie Mills, Jack Beck, A. Stone and Wm. Benton. Atlanta— Wm. K. Jenkins, Mitchel Wolf- son. R. B. Wilby. O. C. Lam, Louis Bach and Ike Katz. Boston — M. M. Teft'rey. R. C. Cropper, Tom Bailey. Maurice Wolf. Tim O'Toole, Herman Rifkin. John Dervin, Tom Meighan, Joseph Brennan, Max Melincoff. Edward Ausin, Walter B. Littlefield. Max L. Levenson, Philip Smith. Harold Stone- man. Ralph Snyder, Frank Lydon, Joseph Levenson and Martha W. Ferris. Buffalo— Kenneth Robinson. Harry Dixon, E. K. O'Shea. Jacob Berkowitz, James Holden. Ralph Crabill, Erwin Price. Sol Raives. Jules H. Michael. J. A. Reid. Wil- lis Sargent. Albert A. Fenyiessy, Chester Fenyiessy, E. Wm. Tiskoff. R. P. Merri- man and G. N. King. Chicago — Edward Grossman, Felix Men- delsohn. Jack Osserman. Edwin Silverman, Phil Dunas. B. X. Judell. James Coston, Walter Immerman. T. Rubens. Verne Lang- don. Jack Rose. Nathan Wolf. E W Ha- ferkamp. S. H. Selig. Benj. Lasker, Aaron Saperstein. Lou Reinheimer. Simon Siman- sky and Ben Eartelstein. Cincinnati — S. D. Lee. Cleveland— J. Himmelein. I. J. Schmertz, I'. D. Drew. M. A. Moonev. Matt Good- man Nat Lefton. H. C. Bissel, Nat Holt. M. S. Fine, E. C. Flanigan, Dan Robbins, Frank Gross, P. E. Essick. J. P. Kala- ™ .A B\ Horwitz. Henry Greenleiger and Faul Gusdanovic. Dallas— Claude Ezell. Bob Mclllheran, Leaman Marshall. A. W. Lilly, Paul Scott and I. B. Adelman. Denver— Henry Fredel. Joe Ashby, Jim Morrison. Earl Bell, Wayne Ball. Jack Langan. Rick Ricketson, L. J. Finske. Louis Hellborn. Ed Schulte and H E. Huffman. Des Moines— S. T. Maver. E. T. Tilton, Joe Lery, Louis Patz, H. M. Weinberg. Ralph Branton. Leo F. Wolcott. C. L. Niles. E. D. Ellsworth. Don Thornley Wayne Dutton and F. R. Puffer. Detroit— Fred North, Otto W. Bolle, Sam Sepolin. Harlan Starr, G. W. Freudle, James Minter, Ray Branch, Roy Taylor. Indianapolis— Jack Flex. Kenneth Collins, Henrv Burton. Ace Berry, F. B. Saunders, M. Marcus, Earl Cunnyham, A. C. Zaring, Louis Markun. Charles Olson, L. B. Soul- den. R. R. Bair, W. J. Bradley and Harry Markun. Kansas City— W. T. Kuhtzki, T. R Thompson. Arthur Cole, F. C. Hensler Robert Withers. Harry Tavlor. Wm. Ben iamin. Elmer Rhoden. A. F. Baker. Law rence Lehman, Ed Dubinsky, C. L. Mc Vey, Jay Means. Fred Meyer, E. E. Web ber and Mrs. A. Baier. Los Angeles — Carol Peacock. Howard Stebbins. Jack Sullivan, Russell Rogers. George Hanes and Harry Hicks. Milwaukee — A. N. Schmetz, George L. Levine. C. W. Trampe, Sam Shurman, J. E. O'Toole, Jack Brachman, D. E. Wesh- ner, H. J. Fitzgerald, Fred S. Meyer, Thomas E. Saxe, Jack Yeo, John Adler, Chas. Washicheck, F. J. McWilliams W. L. Ainsworth, Ed Maertz and Harry Per- lenitz. Minneapolis — Al Anson, Henry Greene, Al Steffes, Jos. Friedman, Sidney Black- more, Bennie Berger, W. R. Frank, A. A. Kaplan, O. A. Lee. Frank C. Brickley and Ray McMuin. New Haven — Kathryn T. Sullivan. New Orleans — Guy Brown, Richard Frank, Fred Goodrow, Lee Schexnayder, E. V. Richards, Henry Lazarus, W. J. Salles, Mrs. E. Junqua, I. J. Hanelson, Jos. Akins and Jack Dischany. New York— Louis F. Blumenthal, Harry Schiffman, Harry Brandt, L. S. Bolognino, Joseph Seider, A. H. Schwartz, Wm. Small. Leo Brecher. Rudolph Sanders, Leo Justin, Jack Hathern, Maurice Brown, Hy- man Rachmil. Omaha — D. V. McLucas, A. M. Avery, Thomas Burke, H. J. Chapman, M. J. Stern, Ralph Branton, Morgan Ames. Geo. F. Monroe, Jr., Geo. F. Monroe, Sr., Cal- vin Bard, H. F. Kennedy. Walter Creal, August Herman, Sam Epstein and H. A. Taylor. Philadelphia — P. Mortimer Lewis, Lew Pizor, M. J. O'Toole. Joe Willing, Philip Sherlwig, M. B. Comerford. Milton Rogas- ner, Charles Segal. Herbert J. Elliott, David Barrist and Jay Emanuel. Pittsburgh— John J. Maloney, B. M. Stearn, Lew Lefton, James H. Alexander, M. J. Cullen, Harry L. Kalmine. John H. Harris, Alex S. Moore, Wm. D. Davis and Dr. C. E. Herman. Portland— Homer Gill, Ted Gamble, An- drew Sasso, William Cutts. George Jackson and Bob White St. Louis— Harold Evans, H. H. Herman, Lito Hill, Lon Cox, Cullen S. Espey, George Tyson, Fred Wehrenberg, Oscar Lehr, Charles Goldman, S. E. Putle, Clar- ence Kaiman and Albert Critchlow. Salt Lake City — Charles Walker, Mau- rick Sassl. Wm. F. Gordon, Robert Hill, Ray Hendry, C. E. Huish, John Gillette, Stan Robbins and Joseph Lawrence. San Francisco — G. C. Parsons, George Ballentine. B. Rise, L. E. Tillman, A. M. Bowles. Cliff Work, H. V. Harvey. George M. Mann, Aaron Goldberg and Morgan A. Walsh. Seattle-Neal East, Al. Oxtoly, L. J. Mc- Ginley. L. N. Walton. Albert Finkelstein, Al. Rosenburg, John Hamrick, Hugh Bruen. L. O. Lukan and Leroy Johnson. Washington— W. Silverberg. Cantor-Rosenblatt Discuss Studio Pay Eddie Cantor, a member of Code Authority in addition to being head of the Actors' Screen Guild, early yesterday morning conferred with Division Administrator Sol A. Ros- enblatt at H. M. Warner's office. The confab revolved around charges from Hollywood extras and bit players that studios were "chiseling" on salaries. When a Motion Picture Daily reporter became too inquisitive about the discussion he was shooed off — with apologies. N. 0. Houses Sign Code New Orleans. Jan. 11. — Allied Theatres consisting of the Bijou, Coliseum, Garden, Lafayette, Lincoln, Newcomb, Peacock, Plaza and Won- derland have signed the code "with exceptions." 32-Hour Week For Industry Held Certain (Continued from page 1) der NRA has provided a smaller amount of employment than was an- ticipated in advance. It was also pointed out that in many instances where new employment had been cre- ated wages were apportioned in such a way that payrolls showed little or no increase as a result, thus contrib- uting to new purchasing power, which is regarded as one of the primary objectives of NRA. Definite action on General John- son's proposal to inaugurate a 32-hour week is expected to be made to the industry through the Code Authority when that body meets next month with General Johnson and the code authorities of all other industries. Imposing of the 32-hour week, it was pointed out, on this or any other industry is possible by means of an executive order. Under the N.I.R.A. the President reserves the right to make changes in codes for any indus- try by executive order. Poster Men at Odds On Code Provisions Omaha, Jan. 11. — To further the interest of middle western poster rent- ers and to discuss their points of dif- erence with those in the east, repre- sentatives from several cities gathered here and named Irwin Levin, local attorney, to represent them at a hear- ing on the poster exchange code in Washington on Wednesday. Sharp differences on code provisions between middle western and eastern poster exchanges were revealed at the meeting. It is understood there is some resentment over the fact that the code draft includes provisions favorable to eastern poster firms. The present code version, as sponsored by the national poster exchange associa- tions, bans selling in each other's ter- ritory, restricts rebates on returned paper and limits discounts. The mid- dle western exchanges oppose these provisions, claiming they have many customers in the eastern states and that they are not in a position to charge as much as their eastern com- petitors. The regional meeting here in- structed their attorney to fight for favored changes in the proposed code. Represented were independent ex- changes in Denver, Dallas, Oklahoma City, Kansas City and Omaha. UB it's not a production it9s a creation 2C YEARS RESEARCH BEHIND IT Du Pont Film Manufacturing Corporation 35 WEST 45th STREET, 6656 SANTA MONICA BLVD. NEW YORK CITY HOLLYWOOD CAL. PLANT • • • PA R LI N, N EW J E RS EY THE^UPOg) TRADE MARK HAS NEVER BEEN PLACED ON AN INFERIOR PRODUCT The Leading Daily Newspaper of the Motion Picture Industry MOTION PICTURE DAILY Alert, Intelligent and Faith fur Service to the Industry in All Branches OL. 35. NO. 11 NEW YORK, SATURDAY, JANUARY 13, 1934 TEN CENTS leferee Cuts 15% of Para. Receiver Cost isks Court Approval in Report — Fight Looms i A report approving approximately i per cent of the $296,000 asked for aramount Publix equity receivership jbsts was submitted to the U. S. istrict Court here yesterday by Ref- ee Henry K. Davis. Judge William londy is slated to pass on the report ext Wednesday, at which time its jproval by the court will be opposed / counsel for at least two groups of faramount Publix bondholders. Referee Davis's report recommends • the court that approximately $250,- X) of the $296,000 originally asked >r be allowed. The allowances, itostly attorneys' fees, are for ex- enses incurred during the seven ,-eeks' period of the Paramount Pub- ,x equity receivership, from Jan. 26, • )33, up to the time the company went lto bankruptcy in March. The principal reduction recommend- i by Referee Davis yesterday was i the amount of $25,000 shaved from I ie allowance asked by the law firm f Root, Clark, Buckner & Ballan- ■ne, attorneys for the equity receivers. (Continued on page 4) foreclosure Asked )n Brooklyn Houses , Manufacturers Trust, as trustees of j $9,000,000 mortgage issue of the Al- ed Owners Corp. on five theatre |Uildings, yesterday applied to Fed- ■al Judge Robert A. Inch in Brook- 'n for foreclosure of the mortgage, he theatres involved are the Para- lount, the Pitkin and the Kings in rooklyn, the Valencia in Jamaica, nd a theatre in Alabama. The mo- Ion to foreclose was opoosed by John . Flynn. The attorney for the trustees of ie bankrupt Allied Owners told the ourt that a contract with Loew's Realty Corp. and Loew's Theatres, (Continued on page 4) nterstate to Try Sharing of Profit Dallas, Jan. 12. — Employes are to hare in the profits of the Interstate "ircuit, Inc., declared Karl Hoblitz- lle here at the second day's session (Continued on page 2) Salary Probe Goes Into Tiniest Industry Detail Theatre Union Files 38 New NRA Charges Thirty-eight new complaints charg- ing theatre operators with NRA vio- lations in working employes more than 40 hours weekly were filed with Elinor M. Herrick at the regional labor board here yesterday by Local 118, Building Service Employes Union. Charles C. Levey secretary-treas- urer of the local, said that a formal letter of complaint supported by affi- davits, had been sent to Mrs. Herrick charging Howard S. Cullman, receiv- er for the Roxy, with a violation of Section 7-A of the N. I. R. A. in al- legedly warning employes of the the- atre that they would be discharged if they joined the union. The letter asked that an investigation be made by the regional labor board, Levey said. A second letter sent to the board by the local charged Springer & Cocalis with issuing a similar warn- ing last Tuesday night at a meeting (Continued on page 3) Mack Death Leaves Series Unfinished Death of Charles E. Mack of Mo- ran and Mack in an automobile acci- dent at Mesa, Ariz., will prevent the completion of a series of six comedies which the team was scheduled to make for Educational. Three of these has been completed. Mr. and Mrs. Mack, with George Moran and Mack Sennett left New (Continued on page 4) That Deadline Code assent forms, dropped in the mail from any point in the United States, will prove acceptable to Code Authority provided they are postmarked not later than midnight, Jan. 31. This is official. New St. Louis Theatre Setup In the Offing St. Louis, Jan. 12. — With reorgan- ization plans under way by the Skou- ras Brothers for Central States The- atres Corp., a change in the local theatre setup is expected shortly. The company now controls the Ambassa- dor, Missouri and Grand Central, and is currently in receivership. Special Master Nelson Cunliff soon will set a date for the sale of the three houses to satisfy $5,920,500 in outstanding first mortgage bonds in default. Following the reorganization, Skou- ras will in all probability make a deal (Continued on page 4) Stage Shows Back in Pittsburgh Theatres Pittsburgh, Jan. 12. — Stage shows are resuming in de luxe houses after almost two years of straight pictures, as a result of stiff competition. Shows return to the Perm Jan. 26. (Continued on page 4) Missouri Passes Sales Levy of Half Per Cent Jefferson City, Mo., Jan. 12. — Missouri has passed the one-half of one per cent sales tax and has killed two other tax bills affecting the in- dustry. Passage of the bill will settle the state's tax problem, it is believed, until the regular session of the legis- lature which convenes next year. A special session of the legislature was convened on Oct. 17. It ad- journed over the holidays with three bills pending, the sales tax, which applies to everything — doctors, food, (Continued on, page 3) Even Relatives Must Be Listed — Forms Go Into the Mail Washington, Jan. 12.— Sweeping investigation into the minutest details of salaries in all branches of the in- dustry except individual theatres, even to the extent of listing executives' relatives, is provided in the NRA ques- tionnaires which were put into the mails today. In addition, every detail of profit and loss of all companies must be listed. The extraordinary extent of the probe is apt to come as a shock to home offices as well as the produc- tion forces on the coast where big salaries came in for attack and de- fense at the start of the code nego- tiations. The investigation was or- dered by President Roosevelt in ap- proving the code on Nov. 27. About 2,000 producers, distributors and the- atre circuit executives will receive the questionnaires from Division Admin- istrator Sol A. Rosenblatt. Incorporated in the questionnaire is a series of questions designed to reveal heretofore little known intimate facts regarding nepotism, bonuses and commissions, rights to purchase stock, etc., the whole comprising the most extensive probe of compensation ever undertaken by any branch of the gov- ernment with respect to any industry. Availing himself of the experience of the Federal Trade Commission, now completing a study of executive (Continued on page 3) Formal Notices Out On Code Extension Formal announcement was made yesterday by the Code Authority that Hugh S. Johnson has "approved ex- tensions of time to local clearance and zoning and grievance boards to formulate, prescribe and publish ter- ritory schedules of clearance from Jan. 1 to a date to be fixed by the authority with approval of Division Administrator Sol A. Rosenblatt." Rosenblatt Leaves For Coast Jan. 19 Washington, Jan. 12. — Division Administrator Sol A. Rosenblatt leaves for the coast on Jan. 19. With (Continued on page 3) MOTION PICTURE DAILY Saturday, January 13, 1 924 MOTION PICTURE DAILY (Registered U. S. Patent Office) Vol. 35. January 13, 1934 No. 11 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 ot yuigley 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. Clifford, manager; London Bureau: 1021 A Finchley Road, Golders Green, Bernard Charman, Representative; Berlin Bureau: Berlin-Tem- pelhof, Kaiserin-Augustastrasse 28, Joachim K. Rutenberg, Representative; Paris Bu- reau: 19, Rue de la Cour-des-Noues, Pierre Autre, Representative; Rome Bureau: Viale Gorizia, Vittorio Malpassuti, Representative; Sydney Bureau: 102 Sussex Street, Cliff Holt, Representative; Mexico City Bureau: Apartado 269, James Lockhart, Representa- tive; Glasgow Bureau: 86 Dundrennan Road, G. Holmes, Representative; Budapest Bureau: 11 Olaaz Fasor 17, Endre Hevesi, Representative. 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. Advance G. T. E. Hearing Wilmington, Jan. 12. — Hearing on the application of U.- S. Senator Daniel O. Hastings, as receiver for General Theatres Equipment, for authority to compromise claims filed by the Chase National Bank, which was originally set for Feb. 23, has been advanced to Feb. 13. A Correction "Frankie and Johnnie" will not be produced by Reliance Pictures at Bio- graph as reported in Motion Picture Daily yesterday. The film will be di- rected by Chester Erskine. MOTION PICTURE ALMANAC 1954-35 NOW /A/ PMPA/IA T/OA/ WHERE TH E WORLD LOOKS FOR MOTION PICTURE '5* H facb Flash Reviews "Legong" {Bennett Prod.) Hollywood, Jan. 12. — Its beautiful legend of native customs is portrayed artistically, with the girls gently re- vealing their charms. . . . "West of the Divide" (.Monogram) A variation of the ranch-stealing, cattle-rustling formula, with three spectacular fist fights and four good chases. . . . "/ Was a Spy" (Gaumont British-Fox) An intriguing effort, entertainingly handled by all concerned. . . . Reviews of these films will appear in full in a later issue of Motion Picture Daily. Midwest Legitimate Show Circuit Folds Kansas City, Jan. 12. — Writing- off a reported loss of $15,000 in nine weeks, an ambitious attempt to "re- vive the road" in five middle western cities has met with failure. While it isn't the official reason, screen compe- tition is generally credited with caus- ing the sudden termination of the season and cancellation of bookings. The project, begun early in No- vember, involved a roadshow circuit comprising Kansas City, Cincinnati, Indianapolis, Louisville and St. Louis. Arthur M. Oberfelder, Denver pro- ducer, expected to revive popular in- terest in the legitimate stage by pre- senting Broadway plays at prices ranging from 35 cents to $1 top. Pro- ductions were cast in New York and played a week in each city. The cir- cuit is reported to have shown a profit at the Shubert in Kansas City, but lost it in the other cities. Kandel Closes Deals M. J. Kandel, head of Ideal Pic- tures, has just closed several state rights deals. "Found Alive" goes to Phil Meyer, General Pictures Ex- change, for New York ; to Irving Mandel, Security Pictures Corp., for Chicago ; to Tom Branon, Affiliated Producers Exchange, for the south, and to Sam Davidson, Cameo Screen Attractions, for Boston. Interstate to Try Sharing of Profit (Continued from page 1) of executives and managers from all the 86 houses operated by the organ- ization. The announcement stirred up considerable excitement among the men. Hoblitzelle laid stress on the need of making the community in which each theatre operates the center of its activity. He urged managers to do their purchasing in their own locali- ties. "We must keep the money in the towns where we operate and spend it where it is made," he said. "In every case it is my sincere wish that managers will thus help make their theatres an asset to their communi- ties." Other speakers were R. J. O'Don- nell and Clarence E. Linz, the latter receiver for Southern Enterprises, Inc., which is to be combined with the Hoblitzelle organization when the receivership is ended. A banquet at the Baker Hotel closed the three-day gathering last night. List of Radio City Officers Given Out The complete board and roster of officers of Radio City theatres was made known yesterday by M. H. Aylesworth. chairman of the board. RKO is represented by five of nine directors and five of six officers. Rockefeller interests have four direc- tors and one officer. Following are the directors : Ayles- worth, J. R. McDonough, W. G. Van Schmus. L. E. Thompson, Webster B. Todd, Herman Zohbel, Joseph O. Brown, William Mallard and Francis T. Christy. Officers are : Aylesworth, chairman ; McDonough, president ; Van Schmus, vice-president and comp- troller ; Thompson, vice-president and acting general manager ; Zohbel, treas- urer, and Mallard, secretary. Lyons to Denver St. Louis, Jan. 12. — Al Lyons, master of ceremonies at the Fox, has been transferred to the Orpheum. Denver, an F. & M. theatre. Columbia Leads Stock Rise High Low Close Columbia Pictures vtc 2556 24 24*6 Consolidated Film Industries 356 354 354 Consolidated Film Industries pfd 1354 13 Eastman Kodak 81 8056 81 Fox Film "A" 1354 13 1354 Loew's, Inc '. . 2754 27 27 Paramount cts 2% 2 2% Pathe Exchange 154 Wt Wi Pathe Exchange "A" 1156 1054 1156 RKO 2% 2Vs 2H Warner Bros 554 556 fyi Curb Stocks Inactive High Low Close Technicolor 854 854 8J4 Bonds in Big Advance High Low Close General Theatres Equipment 6s '40 554 4 554 General Theatres Equipment 6s '40 ctf 454 454 454 Keith, B. F., 6s '46 5254 52 5254 Loew's 6s '41 ww deb rights 8854 8754 88J4 Paramount Broadway 554s '51 34 32% 34 Paramount F. L. 6s '47 34 32 34 Paramount Publix 554s, '50 3454 315/& 3454 Warner Bros. 6s '39 wd 4354 4254 4354 Net Change Sales +156 1,300 400 2,500 800 4-154 900 16,900 4- ys 117.500 + 56 1.000 + U 900 — 56 3.200 + Vs 11.500 Net Change + 56 Net Change +m + Vs. + 54 + 56 +254 +456 +354 +1 Sales 100 Sales 30 i Purely Personal ► Herb Yates, Eaele HammoKs Cress Smith, Phil Reisma ; Ed McAvoy, Hal Horne, Nat Spl - gold, Lou Golder, Jack Cohn, Br i German, Ray Johnston, Jack Ellis Al Lichtman, Harry Goetz and Joe Moskowitz were just a few oi those lunching at the Tavern yester- day. John Eluredge, Broadway stage player, has been signed by Warners He will not leave for the coast until after the opening of Arthur Hop- kins' production of Philip Barry; new play, in which he has a role. Dick Brady and Herman C. Siev. ers of Eastman Kodak sailed on the Columbus last night for the Wesl Indies. Charles Lamont will direct the next Andy Clyde comedy for Edu- cational. The George O'Briens (Margue rite Churchill) leave for Holly- wood Tuesday. Maurice Chevalier plans to leave tomorrow for the coast to start work on "The Merry Widow" for M-G-M S. J. and Laura Perelman have sold their plav "All Good Americans' , to M-G-M. Billy Wilkerson is in town frorr' Hollywood. Janet Gaynor is en route here fo! a short vacation. George Weeks goes to Michigai for medical treatment today. Schlesinger Awaits Reception on Coloi That the balance of the "Merrii Melodies" cartoons he is making fo: Yitaphone release this season may bt produced in color was revealed yes terday by Leon Schlesinger. Every thing depends upon the receptioi "Honeymoon Hotel," his first in color will receive from Vitaphone officials Schlesinger is awaiting arrival of ; print of the cartoon here for showing to them. Another purpose of Schlesinger' visit is to acquire new material and a make arrangements for the renewal o his contract with Vitaphone for 1934 1935. Federation Members Talk Over Finance, Officers of the Federation of th M. P. Industry met yesterday to cor sider financial matters at the office c Harry Thomas, Federation presiden Action on drawing up a code c ethics for independent production an advertising, which the Federation ar nounced was scheduled for yesterda; did not take place. Schenck Recovering Nicholas M. Schenck is recuperatin from a heavy cold. Safurday, January 13, 1934 MOTION PICTURE DAILY Salary Probe Enters Into Tiniest Detail Missouri Passes Sales Levy of Half Per Cent (Continued from paqe 1) salaries, generally, under a Senate resolution, Rosenblatt has carried faauch further the study to be made (in the film industry. The questionnaire covers only indi- vidual compensation of $150 dollars or more a week. No time limit has been set for the return of the ques- tionnaires, but Rosenblatt today esti- linated that they should all be back within 30 days. Individual theatres are not being canvassed, it being be- lieved that few, if any, pay salaries exceeding the minimum to be investi- gated, but all theatre circuits and all producers and distributors are being covered. All details of individual question- ' naires will be held in strict confidence and will be made available only to the recovery administrator, Rosenblatt jand his chief investigator, it was • stated. All questionnaires must be certified as correct by an officer of I the company filing the information. Includes Three Schedules '. The questionnaire consists of three schedules, each covering all three ! branches of the industry. The first j, schedule relates to finances and em- ployment, each company being re- quired to show, separately, for each (I of the three years, 1931 to 1933, the gross receipts, cost of supplies and materials, total capital investment, -surplus and surplus reserves, total : assets, net profit or loss, and the total number and total compensation of , company directors, executives, super- : visors, clerical forces, actors and actresses, extra players, film direc- jl tors, musical directors and musicians, writers, authors and dramatists, regu- larly and not regularly employed ; j composers, arrangers and librarians ; 1 scenic artists and designers ; costume ! designers ; sound engineers, sound technicians, cameramen, studio me- chanics, laboratory workers, and all other employes. Delves Still Deeper In the second schedule the investi- gation goes deeper, all companies be- ing required to furnish information regarding all individuals receiving an aggregate compensation of $150 or more a week, to show the name of the ]>erson, his position or title, weekly cash salary rate, cash salary received during the year, and all other com- pensation received during the year. On a separate form to be filed with this schedule, respondents to the questionnaire are required to again list these individuals and to report the names of any relatives or any such individuals who also are drawing compensation from the industry. "This information," it is explained on the blank, "is for identification purposes only and will be held in strictest confidence. This information will be detached from the question- naire upon its receipt at this office." Schedule 3 is designed to develop intimate details concerning film com- panies' financial transactions with of- ficers, actors, directors and other em- ployes, again listing the individuals It's Art in K. C. Kansas City, Jan. 12. — A kneeling feminine figure which Roxy rejected as too shock- ing for New York is getting quite a play in Kansas City as a work of art. Created for Radio City by William Zor- ach, New York sculptor, the nude, supposedly symbolizing "The Dance," was barred as not representing the spon- sors' idea. She now is in the loan gallery at the recently opened William Rockhill Nel- son Gallery of Art here, where her unblushing charms are on display for all eyes. covered in Schedule 2. Respondents are required to explain any compen- sation other than regular cash salary which has been paid any individual by showing the amount of cash bonuses, commissions and other cash compensation in addition to cash sal- ary ; the amount of bonuses, commis- sions and other compensation in capital stock, bonds or other securi- ties at the market value on date de- liverable; the amount of subscription rights for bonds, stock or other se- curities, including special options, also at market value on date deliverable ; and the amount of any other compen- sation, remuneration, gift, etc., not al- ready listed. In the letter accompanying and ex- plaining the questionnaire, quoting the President's order for an investi- gation and calling for the coopera- tion of the industry, Rosenblatt ex- plains that the questionnaire is in- tended to be filled out as a composite report for all the affiliated companies, as well as a separate report for each company or enterprise affiliated with any organization. For this purpose, not less than two copies are being sent to each company and as many individual reports for every affiliate, and a general report for the entire organization. (Continued from page 1) films and all other forms of business. This bill was favored by the industry in preference to a ticket tax which called for a levy of one and one-half cents up to 25 cents and a straight 10 per cent on all tickets above 25 cents. The other bill was a one-cent footage tax on all negative and positive. Louisville, Jan. 12. — Kentucky's third special legislative session in re- cent months for the purpose of rais- ing revenue will get a, new tax pro- gram from Governor Laffoon next Monday. None of its details have been made public as yet. Seattle, Jan. 12. ■ — Washington's dog racing bill, regarded by theatre men as holding prospects of severe competition, has been defeated by the legislature. A general tax bill is pending. Rosenblatt Leaves For Coast Jan. 19 (Continued from page 1) the next Code Authority session slated for Jan. 23 in New York, this means that Rosenblatt, for the first time, will not attend. No alternate has been appointed as yet, but one is expected to be named before he leaves. Informal opinion at the Recovery Administration is that no one can alternate for Rosenblatt if Code Authority meetings are held in his absence. The rule is that government representatives shall have no alter- nates, but is not followed in all cases. If an exception is made in this case, Deputy Administrator Farnsworth would probably substitute. Theatre Union Files 38 New NRA Charges (Continued from pane 1) held at the same time members of the new local held their first mass meeting in Bryant Hall, Levey stated. He said the additional charge was made that Springer & Cocalis em- ployes were required to work from 56 to 70 hours weekly. Other com- plaints filed by the union yesterday alleged that several theatre operators who were said to be working em- ployes 52 hours weekly were requir- ing them to sign payrolls which re- corded only 40 hours work. A hearing of the union's complaint filed with James H. Hodgson, region- al NRA compliance board director, early this week, charging the Windsor circuit, Brooklyn, with working jani- tors 84 hours weekly, was postponed until next Wednesday after having been jet originally for yesterday. Representatives of the Windsor cir- cuit told Motion Picture Daily yes- terday that janitors and cleaners used in their theatres were not employed by them but by the American Build- ing Maintenance Co., which contracted for the work and paid the people it used. A second mass meting of the union's members is scheduled for next Tues- day night at Bryant Hall. Levey claims a membership of approximately 2,500 ushers, doormen and janitors at this time. He said that if the union is successful in enforcing the NRA's 40-hour week in metropolitan theatres 1,000 new jobs would be created here. Yorke, West; Reeve, East G. S. Yorke, advertising manager for Fox in New York, will leave next week to take over the duties of Arch Reeve, head of Fox's Hollywood pub- licity department. Reeve will arrive here in the near future to assume Yorke's former position. Christie Starts Monday Al Christie, who returned from the coast this week, resumes work at the Eastern Service Studios in Astoria Monday, when Educational's "The Expectant Father," with Ernest Truex, goes into production. 'Fashions' Girls Coming Twelve maniquins of the cast of "Fashions of 1934" will arrive here by plane Thursday to attend the open- ing of the film that evening at the Hollywood. Orry-Kelly, screen fash- ion designer, will be in the party. Board Secretaries Only Will Be Paid Only secretaries of the 64 clearance and zoning and grievance boards and not the other members of these boai ds will be paid when they are set, the Code Authority made known yester- day as a result of objections by The- atre Owners of Oklahoma, which was under the impression that certain members of the boards would be paid and others would not. The unit protested, a wire from M. Lewenstein, president, said, because it wanted "simply to urge uniform treatment to all members of the boards." Topeka Gets NRA Office Topeka, Jan. 12. — Headquarters of the NRA district compliance board for Kansas, Colorado, Nebraska and western Missouri have been trans- ferred to Topeka from Kansas City. John E. Wrenn, director of the dis- trict board, is in charge. Code Assents Now 4,000 More than 4,000 code assents have been received by the Code Authority. The compliances are rapidly arriving and 18 days remain until the entire 20,000 must be put in the mails. KMT A Awaits Reply To Rosenblatt Bid Kansas City, Jan. 12. — A. F. Baker, president of the Kansas-Mis- souri Theatre Ass'n., is still awaiting a reply from Sol A. Rosenblatt, di- vision administrator, to his invitation to address a mass meeting of exhibi- tors in Kansas City. Baker extended the invitation about three weeks ago. The association plans a meeting of exhibitors in this territory to clarify the code before assent forms are signed. If a mass gathering is not held, the association's board of direc- tors will meet the place the associa- tion on record with respect to the code. Cleveland Men for Code Reservations Cleveland, Jan. 12. — General ex- pressions favored signing of the code with reservations at a special meeting today of the Cleveland M. P. Exhibi- tors' Ass'n. Hear Loew Case Jan. 16 Washington, Jan. 12. — Officials of the National Labor Board on Jan. 16 will hold a hearing in the case of Loew's State, New Orleans, charged with unjustly discharging four men, whom the regional labor board or- dered reinstated. The theatre agreed to put back only two of the men. 1 i MOTION PICTURE DAILY Saturday, January 13, 1934 Referee Cuts 15% of Para. Receiver Cost (.Continued from page 1) Referee Davis recommended payment of $100,000 instead of the $125,000 asked by the law firm. Charles D. Hilles, co-receiver with Adolph Zukor, and now one of three Paramount Publix trustees in bank- ruptcy, asked $30,000. The referee's recommendation clipped $5,000 off this and recommended that Hilles be paid $25,000. Zukor's petition for $23,047, of which $4,502 has been paid, was approved in full. The equity receivers also asked an additional $59,784 for expenses incurred as ancillary receiv- ers for the company in California and Illinois. The referee's report recom- mended payment of $41,000 of this amount. Legal Fee Cut $5,000 The $30,000 allowance asked for the law firm of Rosenberg, Goldmark & Colin, attorneys for Paramount, was reduced $5,000 by the referee. Crav- ath, De Gersdorff, Swaine & Wood, also attorneys for Paramount, had an allowance of $15,000 approved in full, while the allowance of Donovan & Raichle, attorneys, for $5,246, was trimmed to $4,000. A $15,000 allow- ance for O'Melvany, Tuller & Myers, Los Angeles attorneys, was clipped to $12,000 by the referee. The remainder, smaller allowances asked for law firms handling ancillary receivership affairs in Illinois, Massa- chusetts, Connecticut, Texas, Ohio, California and New Jersey, and ag- gregating approximately $10,000 in all, were approved. Samuel Zirn and Saul E. Rogers, attorneys for Paramount Publix bond- holders' groups, who led the opposi- tion against the receivers' petition for allowances when it was submitted originally to Referee Davis during De- cember, will oppose final approval of the payments by the Federal Court next week, each said yesterday, de- spite the approximate reduction of $46,000 made by the referee. Trustees Report Profit Paramount Publix trustees in bank- ruptcy reported yesterday that, de- spite regular progress being made on adjustment of the $250,000 claim against the company, no definite plan of reorganization is yet in sight. They reported that the company has been operating at a profit for several months and has been aided importantly by foreign revenues which have been benefited by current rates of foreign exchange. The trustees' statement came as a result of inquiries made of them con- cerning activities of Paramount cer- tificates on the Stock Exchange yes- terday. The certificates reached their highest level since being listed on the Exchange, rising 62r/2 cents a share to $2.62^, on an unusually active turnover of 117,500 shares. Once Upon a Time Hollywood, Jan. 12. — A sec- ond-string actress was called into the portrait gallery of a studio on a picture taken for publicity purposes. Upon ar- riving she said: "I am not in the mude" and the photographer retort- ed by saying: "You mean you're not in the mood." "Yes, something like that," she replied. have been filed with Referee Henry K. Davis and are slated to be acted on Jan. 22. The Paramount Publix payment is for services rendered by various ac- counting, auditing and real estate staffs on behalf of Publix Enterprises from Jan. 30, 1933, to Dec. 23 last. The payment to Michalove, which is in addition to $7,950 already paid him, is for advisory services on theatre leases and holdings of the bankrupt rendered last year. Michalove Files Petition Petitions for the payment by the trustee in bankruptcy of Publix En- terprises of $76t171 to Paramount Publix, and $15,000 to Dan Michalove Foreclosure Asked On Brooklyn Houses {.Continued from page 1) Inc., called for the purchase of the Valencia, the Pitkin and the Kings by the Loew organization for $11,- 000,000, to be paid over a period of 10 years. Foreclosure now, he said, would nullify that contract and would wipe out claims of creditors, includ- ing the holders of $2,000,000 in deb- entures. Flynn accused Manufactur- ers Trust, which he claims does not own a single bond, of seeking to fore- close for fees it might obtain. Hast- ings S. Morse, attorney for the bank, said in response : "W e are ' trustees under the bond issue. We have delayed five months to let them get together." He said that the bondholders' com- mittee requested in writing to fore- close and that appraisal of the three theatres mentioned by Flynn is $9,400,000, with liens of more' than $14,000,000 against them. The argu- ment on the motion to foreclose was postponed until Jan. 19 by Judge Inch. New St. Louis \" Gallant" Is Theatre Setup I Buffalo High In the Offing (.Continued from page 1) with F. & M. to turn over the Mis- souri on a partnership arrangement. F. & M. now operate the St. Louis and expect to close any day for the Fox. Receivers for the Fox are in New York completing the deal and are expected to return next week. In addition to turning over the Missouri to F. & M., Skouras will then nego- tiate a deal with Warners for the latter to run the Ambassador, it is understood on reliable authority. These deals will leave Skouras with the Grand Central, a grind house, now closed. Warners are reported to be finan- cially interested in the reorganization of Central States. Mack Death Leaves Series Unfinished (Continued from page 1) York about two weeks ago in Mack's car. They motored south through Washington to Mississippi, and made stops in New Orleans and various Texas towns. W. B. Franks, agent for the com- edy team and Sennett representative here, had been receiving almost daily messages from them. A blowout was the cause of the accident and the car turned over. Mrs. Mack is in the South Side Hospital at Mesa, with a back injury. Sennett was badly shaken. The others were only bruised. For the past four years Mack had made his home at Newhall, Cal. This last trip was for the purpose of start- ing work on his fourth Educational short. Doug, Jr., Paris Bound Douglas Fairbanks, Jr., leaves today for Paris aboard the lie de France to attend the premiere of "Catherine the Great" at the Lord Byron Theatre on Jan. 19. "Catherine the Great" was directed by Paul Cz inner under the supervision of Alexander Korda with Elizabeth Bergner co-starring with young Fair- banks. It will be released here by United Artists. Others aboard the ship are Mary McCormic and J. Carlos Bavetta, French manager for Fox, who has been in New York for conferences with Clayton Sheehan. Preston Resigns Post Lew Preston, managing director of the Academy of Music, has resigned because of ill health. The resigna- tion is effective immediately, and Preston will leave today for an ex- tended sea trip. His successor has not yet been picked. Two Studios Offer Awards for Titles Hollywood, Jan. 12.— Two major studios are now offering cash prizes for the best submitted titles for cur- rent pictures. Other companies are expected to follow suit. Radio was the first to inaugurate this system, having attached a $50 cash incentive to employes on all title suggestions selected. Fox is now giving workers a chance to pocket $25 every time a title is accepted. Stage Shows Back in Pittsburgh Theatres (Continued from page 1) The first will be a tabloid version of the "Vanities." No announcement has come from the Stanley, although Joseph Bern- hard is due here Monday for confer- ences with Harry Kalmine, Warner zone manager. With a Show Buffalo, Jan. 12.— "Gallant Lady" with a vaudeville bill took top honors here for the first week in Buffalo with a $22,000 gross. This is $7,000 over normal. "Hoopla," with "The Student Prince" on the stage, was $1,100 up at the Hippodrome with a $11,100 gross. "By Candlelight" took a nor- mal $10,000 at the Lafayette. Total first run take was $58 000 Normal is $50,300. Estimated takings for the week ending Jan. 12: "GALLANT LADY" (U. A) BUFFALO (3,500), 30c-55c, 7 davS. Stage: Ralph Kirbery, Stan Kavanagh, CrrJ0"'£ec%i peggy Taylor & Co. Gross: :>22,O00. (Average, $15,000) "HAVANA WIDOWS" (F N ) "**f££ AN0 HIGH WATER" (Para.) $6,800. (Average, $6,000.; "DINNER AT EIGHT" (M-G-M) GREAT LAKES-(3,000), 25c-40c, 7 days, 2nd week. Gross: $7,900. (Average, $8,500.) "HOOPLA" (Fox) ' HIPPODKO.\1E_(2,100,. 25c-40c. 7 days. Stage: "The Student Prince," with George Hassell, Madolyn Mayo. Charles Hedley Gross: S11.100. (Average, $10,000 , "FAREWELL TO LOVE" (Madison) HOLLYWOOD-f300). 25c-40c, A days 2nd week. Gross: $200. (Average £800 I "BY CANDLELIGHT" (Univ ) * _ LAFAYETTE — (3.300), 25c-35c, 7 days. Stage: Gene Sheldon & Loretta Fisher, Jack Starnes & Co.. Forsythe, Seamen & Farrell, Tex Pickard & seal Gross- $10,000. (Average, $10,000.) Merian Cooper Goes Into 12 -Day Quiet Hollywood, Jan. 12.— Merian C. Cooper, now back at Radio Studios^ has ordered that no one attempt to see him on business matters for two weeks. The executive intends to spend the next 12 days doing nothing but read- ing and lining up stories for the new program. Kansas Houses Reopen Manhattan, Kan.. Jan. 12. Closed since Dec. 14 in protest against the Sunday show vote, three local theatres reopened last night following the request of merchants and the Chamber of Commerce. The mayor offered to permit Sunday shows pro- vided they were censored by the par- ent and teacher association and that school children were barred from pic- tures not approved. The proposal was rejected and the theatres will operate six days a week. Greenman Here for Rest Harry Greenman. resident manager of the Fox, St. Louis, is in New York on his first vacation in three years. He will return west some time next week. Would Halt Car Raffle Milwaukee, Jan. 12. — Raffling automobiles at the motor show, which opens here tomorrow, has been tem- porarily prohibited as result of action taken by Manning Silverman, local independent exhibitor, who charges violation of the lottery law. The Milwaukee Auditorium Co. has been ordered to show cause tomorrow why a permanent injunction should not be issued restraining the lottery. "Henry" in Fifth Month Paris, Jan. 12.— "The Private Life of Henry VIII," is now in its fifth month at the Lord Byron Theatre here. The Leading Daily Newspaper of the Motion Picture Industry MOTION PICTURE DAILY Alert, Intelligent and Faithful ,; )1 Service to the Industry in All Branches VOL. 35. NO. 12 NEW YORK, MONDAY, JANUARY 15, 1934 TEN CENTS 26 Exchanges In New Lists Of Authority South and West Send in 158 Recommendations Among 158 additional names on the 1 fourth list in the Code Authority's publicity campaign for recommenda- tions to the 32 clearance and zoning I and grievance boards only 26 ex- change centers are represented. Des Moines, Memphis, New Orleans, i Omaha, Salt Lake City and New Jer- sey are not heard from. Suggestions from Little Rock, Ark., and Tampa, Fla., are included in the list, but since these are not sales points the names will be added to the Memphis and Atlanta groups. For the first time since the recom- (Continued on page A) Free Postage Denied To Code Authorities Washington, Jan. 14. — Code authorities are not entitled to the Gov- ernment franking privilege, it has been held by the Third Assistant Post- master General, it being pointed out that chairmen of code authorities are elected by the industries and "not ap- pointed as officers of the Government and receive no pay from the govern- ment." "Chai rmen of code authorities are not entitled to exercise the penalty (.Continued on page 4) Chicago Allied to Talk Code Further Chicago, Jan. 14. — Allied exhibitors, having been, unable to come to a deci- sion on signing the code at a meeting last week, will get together again in about 10 days for further discussion. While it was apparent at the meet- ing held at the Congress that a nod from Allied leaders is all that is neces- sary to get exhibitor action either way, Aaron Saperstein is emphatic in his declaration this is one time the {Continued on page 4) On Cold Standard Hamilton, O., Jan. 14.— When checking a box-office state- ment at the Paramount, which was not so forte on account of sub-zero weather, Marc Wolf, manager, observed: "Anyhow, winter isn't off the cold standard." Authority to Name Secretaries Code Authority has ruled appointment of paid secretaries for local grievance and clearance and zoning boards will be named by it, following recommendations for such posts filed by the per- sonnel of the boards themselves. It follows obviously, therefore, that no action on paid secretaries can be made until the 64 boards are first named. Recommendations from any industry source for appointments on grievance and clearance and zoning boards under the code must be in the mail and postmarked not later than midnight, Jan. 20. Code assent forms, without qualification, must be in the mail and postmarked not later than midnight, Jan. 31. Qualifications go before local boards, when operative. All correspondence should be addressed to John C. Flinn, execu- tive secretary of Code Authority, Paramount Building, 1501 Broad- way, New York City. Trade Board Sends F. W. C. Report to NRA for Action Detroit Film Combine Sued For $180,000 Df.troit, Jan. 14.— Suit for $180,000 damages against Mid-States, every member individually and the organ- ization, was filed in the U. S. District Court yesterday by former Judge Charles Bowles, attorney for Detroit Neighborhood Theatres, Inc., operat- ing the Oriole, a Sam Brown house. It is charged that the combine, and particularly Frank A. Wetsman, op- erator of the Lindwood-LaSalle, con- spired to stifle trade, and prevent open, competitive bidding in the market by independent theatres, in violation of a provision of Section 7, of the Sher- man Act and Section 4 of the Clay- ton Act, which provides three-fold damages. The individual members were named because they "selected (Continued on page 8) Detroit Strike by Ushers Is Averted Detroit, Jan. 14. — A threatened strike of union ushers in the Publix theatres here was averted when George W. Trendle reached an agree- ment with the union which permits the use of girl ushers in four neighbor- hood houses. The boy ushers walked out of the Publix houses, but were back again before 6 P.M. Trendle said he wanted the girl ushers in the neighborhoods because so many children attended them. Washington, Jan. 14. — The Fed- eral Trade Commission has forwarded memoranda covering an investigation of alleged unfair trade practices of certain film companies on the coast to the National Recovery Administra- tion for use in administering the code ; to the Attorney General for considera- tion in connection with a consent de- cree against these companies, and to the chairman of the Senate Committee on Banking and Currency. The commission's investigation fol- lowed the receipt of complaints to the effect that certain companies on the coast were violating the commission's orders to cease and desist and were (Continued on page 4) Coast Production Shows Slight Gain Hollywood, Jan. 14. — Production for the week ending Jan. 13 showed a gain of one feature and six shorts over the preceding week. Pictures in work for the week show 27 features and 11 shorts. There were also 32 features in final stages of preparation and 38 in the cutting rooms. In the short subject division there are 15 shorts (Continued on page 12) 20th Century Last To Agree on Stills Hollywood, Jan. 14. — Twentieth Century has at last yielded to the submission of stills and advertising campaigns for the local Hays office censoring. Other independents, in- cluding Monogram and Majestic, have already lined up with the parade, mak- ing it unanimous among all producers submitting to requirements along this line. Move on Foot To End Duals In St. Louis Subsequents Approach First Runs on Plan St. Louis, Jan. 14. — A move is on foot to eliminate duals in this city. A number of subsequent run theatre men have approached the first run houses proposing a plan for the ex- tinction of the twin bills. The Fox, which eliminated its orchestra recently and added another feature in its stead ; the St. Louis, and occasionally Loew's State are the first run dual nouses. The first runs have agreed to drop the second feature provided the sub- sequent runs make a similar move first. While no definite decision has (Continued on page 4) Important Shifts in Field Made by U. A. Several important shifts in the ex- ecutive field sales set-up have been made by United Artists, effective im- mediately. Sam Horowitz, formerly district manager with headquarters in Kansas City, has been named man- ager of the Chicago office, succeeding Thomas Montgomery, who continues as salesman. Jack Goldhar, until re- cently district head at Detroit, is now assistant to the western division man- ager. Charles Stern, formerly district manager in New York, is now as- (Continued on page 8) Ohio Showmen Seek End of Ticket Tax Cleveland, Jan. 14. — When the Ohio Legislature meets the end of January, legislators will be asked to recall the 10 per cent amusement tax which includes a tax on all admis- sions over 10 cents, and to substitute for it a small general sales tax. Theatre owners claim that the nuisance tax was passed to raise money (Continued on page 8) 1934 Model Ed Fay, Providence show- man, who strikes a neat bal- ance in dividing his time be- tween his home town, New York, and Boston, says he's now operating a second run theatre, but with first run overhead. I MOTION PICTURE DAILY MOTION PICTURE DAILY (Registered U. S. Patent Office) Vol. 35 January 15, 1934 No. 12 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- CAGO AN. Hollywood Bureau: Postal Union Life Building, Vine and Yucca Streets, Victor M. Shapiro, Manager; Chicago Bureau: 407 South Dearborn Street, Edwin S. Clifford, manager; London Bureau: 1021 A Finchley Road, Golders Green, Bernard Charman, Representative; Berlin Uureau: Berlin-Tem- pelhof, Kaiserin-Augustastrasse 28, Joachim K. Rutenberg, Representative; Paris Bu- reau: 19, Rue de la Cour-des-Noues, Pierre Autre, Representative; Rome Bureau: Viale Gorizia, Vittorio Malpassuti, Representative: Sydney Bureau: 102 Sussex Street, Cliff Holt, Representative; Mexico City Bureau: Apartado 269, James Lockhart, Representa- tive; Glasgow Bureau: 86 _ Dundrennan Road, G. Holmes, Representative; Budapest Bureau: 11 Olaaz Fasor 17, Endre Hevesi, Representative. 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. i Purely Personal ► CARL LESSERMAN, assistant to Gradwell Sears, Warners south- ern and western sales head, and S. Charles Einfeld, advertising and publicity director, return from Dallas today. Fred Mayer of Universal has his first personal accessory. He was born Friday in the Park West Hospital, weighs six pounds, and will be called John Stephen Mayer. Mother and baby are doing nicely. Edward Bonns nursed a bad cold over the week-end, but expects to get back to his desk today. Trixie Friganza will start a week's engagement at the Roxy next Friday. Market Shows Slight Slump Net High Low Close Change Sales Consolidated Film Industries 3'A 3'A — 54 100 Consolidated Film Industries, pfd 13^ 13 13 — 'A 200 Eastman Kodak 8054 80^ 8054 — % 300 Fox Film "A" 1354 1354 1354 — 54 200 Loew's, Inc 2754 2&A 26% — % 1,100 Pathe Exchange 1*6 1H ty% 100 Pathe Exchange "A" 1154 V*A 1054 — 'A 200 RKO 254 254 2'A +Vs 100 Universal Pictures, pfd 19J4 1934 1934 +2% 10 Warner Bros 354 554 554 1,000 Technicolor Off % on Curb Net High Low Close Change Sales Technicolor 8 8 8 — 54 100 Paramount F. L. Bonds Jump One Net High Low Close Change Sales General Theatre Equipment 6s '40 5 5 5 — 54 1 General Theatre Equipment 6s '40 ctf 5 5 + 'A 2 Keith, B. F, 6s '46 5234 5254 5254 — 54 4 Loew's 6s '41 ww deb rights 89% 8754 89% +1% 27 Paramount Broadway 554s '51 3554 3454 3454 + 54 8 Paramount F. L. 6s '47 3554 34% 3554 +1 10 Paramount Publix 554s, '50 36 3554 36 +154 35 Warner Bros. 6s '39 wd 4354 42% 4356 — % 16 Year's Canada Film Footage 25,000,000 Toronto, Jan. 14. — Colonel John A. Cooper, president of the distribu- tors' organization, says 700 theatres in Canada used 25,000,000 feet of film last year. All of it was printed in Canada, giving employment in one film manufactory and two labora- tories. The number of persons employed in laboratories, exchanges and allied en- terprises in the Dominion is approxi- mately 1,000, while the number in theatres is in excess of 5,000. The total annual payroll last year was $10,000,000. It is estimated that the investment in exchange buildings and theatres is nearly $75,000,000. Batcheller Starts Film Hollywood, Jan. 14. — George Batcheller's next for Chesterfield re- lease will be "The Understanding Heart," a story of men and women past their prime, by Robert Ellis. Charles Grapewin and Emma Dunn will have the principal roles. Produc- tion starts tomorrow at Universal with Richard Thorpe directing. Actors' Ball Big Success Hollywood, Jan. 14. — The Actors' Guild Ball Saturday night was one of the outstanding social events of the Hollywood season. Rudy Vallee was master of ceremonies and many top- notch stars contributed to the enter- tainment. At $12 a ticket, the func- tion was a sellout. About 1,200 at- tended. TWO LITTLE WORDS THAT MEAN A GOLD MINE FROM WARNER BROS. "Rouge" Caravan to Start Trip Feb. 2 The "Moulin Rouge Caravan" will start its coast-to-coast tour from Washington on Feb. 2, instead of from New York, as was originally planned. Upon leaving Washington, the cara- van will visit the following cities : Baltimore. Feb. 3 ; Philadelphia, Feb. 5 ; New York, Feb. 6 and 7 ; Provi- dence, Feb. 9; Boston. Feb. 10; Albany and Syracuse, Feb. 12 ; Rochester and Buffalo. Feb. 13-14; Cleveland. Feb. 15; Detroit, Feb. 16-17; Chicago, Feb. 19-20; Mil- waukee, Feb. 21-22; Indianapolis. Feb. 23: St. Louis. Feb. 24-25-26: Kansas City. Feb. 27-28. From there the party will go on to San Francisco and Los Angeles. Griffith Goes to Dallas Dallas, Tan. 14.— R. E. Griffith, operating Westland Theatres Co., throughout Colorado, and R. E. Grif- fith Theatres, Inc., in New Mexico and Texas, has moved from Denver to Dallas, where he is establishing offices. Wisconsin Rule Reversed Milwaukee. Jan. 14. — Judge F. A. Geiger has reversed without prejudice Referee M. J. Knoblock's ruling in the Fox Wisconsin and Wisconsin Amusement cases, pending filing of a nlenary suit against the companies by C. H. Benton, Statewide trustee. Milt Kusell on Trin Milt Kusell. eastern cantain in the Paramount Victory Drive, leaves either today or tomorrow for New England and other exchanges in con- nection with the drive. He was slated to go last week. Libertu Picks Third Hollywood, Tan. 14.— "Take the Stand" will be the third in a serie= of eiVht features to be oroduced Libertv Pictures Corn., headed bv M. H. Hoffman. Tt will be out into work soon at the Pathe studios. Youngstown Para. Open Youngstown. O., Jan. 14. — The Paramount, dark several months, has been reopened with a straight first run policy. Monday, January 15, 193 Here's real news of reel folks '. How they act when they're not acting! Intimate, humorous, novel —"SCREEN SNAPSHOTS" satis- fies the curiosity of millions of fans about Hollywood's private lives. Opening to sensational business at the Lafayette, Buffalo, "LET'S FALL IN LOVE," musical romance featuring Edmund Lowe, Ann Soth- ern, Miriam Jordan and Gregory Ratoff — stood them in line for hours. | A story for women and everyone I who ever loved a woman! That's "ONCE TO EVERY WOMAN," I " from A. J. Cronin's Cosmopolitan I I Magazine story — featuring Ralph / Bellamy, Fay Wray and Walter ' j Connolly. MOTION PICTURE DAILY Monday, January 15, 1934 26 Exchanges In New Lists Of Authority (.Continued from page 1) mendations have been pouring in a member of Code Authority has been suggested for a post. He is Nathan Yamins, but is automatically disquali- fied because of his present duties on the authority. Noted in the latest batch of names are a number of independent exchange managers. At Albany, William Ray- nor and B. H. Mills were suggested; Chicago, Irving Mandell and Henri Elman ; New York, Jack Bellman and Harry Thomas ; Philadelphia, Al Blof- son; Pittsburgh, A. H. Schnitzer; Atlanta, A. C. Bromberg, Also included in the lists from ex- hibitors and exchange forces are the names of secretaries of Film Boards of Trade. Some of these names have been in- cluded in previous lists, but are re- peated because recommended by dif- ferent groups. The fourth list is complete as follows : Albany— William Raynor, Morris Shul- man, Harry Hellman, Tacob Rosenthal, B. H. Mills, Henry Frieder, Maurice Kronick. Atlanta— M. C. Howard, W. T. Murray, Adolph Samuels, Capt. James A. Rebb, A. C. .Bromberg, Fred Weis, L. D. Joel, Charles Hughes. Boston— Nathan Yamins, Al SomeTby, Martin Tuohey. Buffalo— M. E. Comerford, John Osborne, Nicholas Basil, Stanley Kozenowski, Byron inderbitzen. Charlotte— E. L. Hearne, L. C. Sipe, J. E. Simpson, T. A. Little, Mrs. Marian Wrenn. Chicago— Henri Elman, M. Rubin, Andrew Cuser, i. W. Mandel, S. Schlaes, Harry Foster, Mrs. Paley. Cleveland— Julius Schwartz, Jerry Steele, Maurice Kaplan, I. J. Scnmeriz. Cincinnati — William Onie, Sam Lind, Andy Hettesheimer, Wm. Chesborough, Allen Moritz, Wesley Huss, Jr. Dallas — Eph Charninsky, Leon Lerwis, Tack Lilly, B. Legg, Kubin Frels, William Shields Tyler, W. G. Underwood. Denver — James R. Keitz, H. A. Good- ridge, B. tl. Hoppen, Harry Marcus, Earl iverr, Burns Ellison. Detroit— Henry Zapp, David Idzal, Dan Thompson, Lester Matt, George Wilbur. Indianapolis — M. Mazur, L. vV. Marriott. Kansas City, Mo. — Kay M. Wilson, Bail Blackman, John McManus, Harry McClure. Little Kock, Ark.— James Kodgers, R. V. Mcdmnis, James Augustine, T. W. Sharp, W. E. Sipe, L. F. Haven, J. M. Ensor, W. M. Reeves. Los Angeles — William Rider, Joe Leo, George Bromley, Lou Metzger, Robert Whitson, W. W. Wimquist. Milwaukee — W. Weinshenker, Martin Thomas, John Homthaner, W. Silcock. Minneapolis — C. U. Koeder, H. U. Mug- ridge, J. Stern, Louis Kubenstein, L. a,. Goldnammer, Gilbert Nathanson, (ohn J. friedl, Eddie Ruben. New Haven — .Leo Bonoff, Martin Kelleher, Jack Fishman, R. W. Cobe, Arthur Lock- wood, Morris Jacobson, Leo Ricci. New York — J. C. Kroesen, Jack Bellman, Harry Bear, Harry H. Thomas, Leon Rosenblatt, Sol Saphire. Oklahoma City — Sam Caporal, H. J. Buchanan, Orville Enloe, B. K. isley, E. G Kadane, W. B. Moran. Philadelphia— Al lioyd, A. J. DiFiori, Al Blolson, George Gravenstine. Pittsburgh — A. H. Schnitzer, Sen Frank Harris, Harry Fleishman, William Lipsie. Portland — Howard Mapes, John Hamrick, Andrew Sasso, Harry Aiken, Oscar Seltzer, C. J. Fames, Ray Stumbo, (jeorge Appleby. St. Louis — Francis R. Stout, Harney Rosenthal, Harry Greenman, Nat E. Stein- berg, Dave Nelson. San Francisco — Floyd St. John, Henry Goldenberg, M. L. Markowitz, Morris Gallos, Mel Hulling, Herman Cohen, R. Harvey. Seattle— Paul Aust, A. H. Huot, Harry Black. Tampa— Arthur C. Bromberg, Mitchel Trade Board Sends F. W. C. Report to NRA for Action Jtioom for a Code Hollywood, Jan. 14. — Kepeal Has created sucn a frenzied state ot competition Detween iigua caiiente and tne soutn- ern part oi camornia mat tne lormer is nroadcasting wine anu nquor prices rang- ing irom iv to oo per cent De- 10 w tne prevailing prices in tne states, .agua, now a iree zone in iviexico, nas even gone so tar as to mciuue American cigarettes, ouering tnem ror saie, duty tree, at nve cents a package ui _u s, and a pro- portionate reuuction in co- rona cigars, x^ocais aver mat anouiei stream ot Bargain iiunters win ue uowing over ute ooruer. u. Joel, lieu stein, M. C. VVOllSOll muore. Wasmrigcon — nairy isrown, Isauore Kap- papurt, William mcits, xi. i^icnuiian, ueorge uui, bam Uenuneim, Jr., Herman liable, iviax Cluster. tree tost age Denied To Coae Authorities {^otuiuiteu f rom j/aye 1J privilege ior tne reason tnat tney are not oiucers oi tne guvernment oi tne Unuea states ana aiso because mat- ter wnicn tney nave to man in con- nection wnn tneir activities as sucn cnairmen does not relate exclusively to tne business oi tne dovernment, as is required by tne taw governing tne exercise oi tne penalty privilege," it was neia. "ui course, tne local code autnormes are not entitled to sucu privilege." Chicago Allied to Talk Coae Further (Continued jtum yaye 1) association will not iunction in advis- uig its members. "1 made it clear at the hrst meeting cnat every exmoitor must act for him- seli wnen it comes to signing tne code," baperstein said, "ine associ- ation cannot do it lor mm, nor does it intend to direct ins action in tins matter." Committee of Five ine executive committee lor studio extras, sitting in Hollywood, will be made up oi nve, Code Autnority de- clared on baturnday in New *ork. ine personnel includes Mabel B.. rvinney, M. H. Hottman, B. B. Ka- hane, Charles Miller and Larry bteers. McDonough Goes West J. R. McDonough, general manager of P.KO, left for the coast yesterday, but will spend a few days in Chicago on Orpheum Circuit business before hopping The Chief into Los Angeles. Superior to Start Series Superior Talking Pictures, Inc., will start the first of a series of 12 featurettes this month. The initial number will be "Tarzan, the Police Dog." (.Continued from page 1) carrying on other practices said to De untair to independent theatre owners. Urders to cease and desist were is- sued m May, lyzy, against West Coast theatres, inc., ano otner companies and individuals controlling more than iUU theatres in California. inere were two separate orders, one against tne West coast combination in north- ern Camornia, and one against tne ooutnern camornia couiDination. ine oruers directed West coast and its associates, aniong otner mings, to dis- continue comDimng among tnemseives to compel distriDutors anu producers ol nuns to retuse to sen or lease hims to competitors ot west coast Thea- tres, inc. in its findings, the commission stated tnat West coast ineatres, inc., oy tne purchase and construction oi tneatres, oy contracts witn competitors eliminating competition, oy maKing partnerships witn competitors, hau steadily progressed toward greater domination oi the tneatre neia in can- iornia, sucn dominating strongly tend- ing toward monopoly in tnat state, west Coast was lound to nave oeen especially dominant in tne nrst run neid. r olio wing the issuance of these or- aers, tne commission, at various times, nas received compiaints that west coast nas not been complying, anu nas, in lact, been practicing otner methods oi competition reported to be uniair to independents, r-acn com- piaint has been careiuny investigated. Now in Receivership in the meantime the West Coast companies have been tanen over by V ox interests, have become Known as Box west Coast iheatres, and are now in tne nanus ot receivers, in August, ivm, a consent decree was entered into Detween West Coast ineatres, inc., togetner with a number ot pro- ducers, ana the Department ot jus- tice, tne decree prohiDitmg some ot the same practices torbidden by the com- mission s oraer, ana charged in the mlormation hied by the Department oi Justice as being in violation of the Sherman Anti-Trust Law. '"Considering these developments as well as the fact that the inKA code nas been adopted and placed in opera- tion, tne commission, lor the time be- ing, has taken no turther action and is forwarding the results of its in- vestigations to the other agencies lor whatever use they may make of them," it was stated. The commission's investigation does not involve violations of the code, it was learned. The basis of the com- mission's report to the NRA and the Justice Department is said to be prac- tices considered as possibly in viola- tion of the anti-trust law. Inasmuch as West Coast is in receiver's hands, the commission felt that the situation is somewhat embarrassing and relieved itself of responsibility by turning the case over to other branches of the gov- ernment. The Justice Department is under- stood to be making an investigation of its own, to check up on the commis- sion's report, through its own agents and district attorneys in California. Move on Foot To End Duals In St. Louis (Continued from page 1) been reached in this respect, it is ' anticipated that within the next few weeks St. Louis will be rid of the two feature evil. Because of the stringent rules of the stagehands' union, stage shows here will be limited to the Ambasador and the St. Louis. The union re-T quires two complete shifts of men at $75 a week for each employe. Guild Appeals for New Extra Members Hollywood, Jan. 14. — In their ap-' peal for quicker action to get the extra players lined up 100 per cent with the Junior division of the Screen Actors' Guild, the latter has informed leading organizers of this group of a wire received from Eddie Cantor, which reads : "Despite the fact that we have most of the important stars in the Screen Actors' Guild, the largest percentage of our membership must come from the extras and bit players. Our great- est work must be to protect the latter groups. To this end I pledge myself and shall not rest until the problems are solved." Denver's Musicians Stagger Jobs Feb, 1 Denver, Jan. 14. — Denver musicians plan to put the stagger work plan into effect Feb. 1. Plans call for the formation of another orchestra, which will play for a week each month at the Orpheum and the Tabor. The plan has been delayed here because of the scarcity of competent musicians. Officers elected for this year by the . musicians include most of the old ones, and are : Michael Muro, president ; G. A. Foster, vice-president. F. J. Lei- bold, recording secretary, and John Herr, financial secretary. Theatre Help Joins San Francisco Union San Fkancisco, Jan. 14. — About 200 ushers, cashiers, matrons, treas- urers and junior executives have joined the Theatre Attendants' Union here sponsored by the Labor Council. John A. O'Connel, secretary of the Labor Council, and officers of the union, are trying to get an A. F. of L. charter and recognition from theatre; operators. ITOA Seeks Offices New offices are being sought by the< I.T.O.A., which is now ensconced on West 44th St. in a building owned by Sam Cocalis of Springer and Cocalis circuit, which was recently ejected from the unit because of non-payment of dues. Balcon to Visit London, Jan. 14.— Michael Balcon, British producer, plans a visit to New York late this month or early next. . GEARED TO BLAST THE ICICLES OFF EVERY POCKET-BOOK IN AMERICA . . . . quicken Savage BLOOD % FORGOTTEN MILLION! MAKE YOUR SCREEN AN ARENA OF WHIRLWIND THRILLS WITH DICK AS A FIGHTING RED MAN HURLING DEFIANCE AT HIS WHITE FOES Warner Bros, exploitation crew is coming thru with a grand rush for "Massacre". Dozens of practical show ideas, flash street stunts, two-fisted ads and stories will be found in the big merchandizing campaign, soon available at all Warner Bros.— First National Exchanges— all emphasizing the showy Indian atmo- sphere and smashing action of this unusual attraction. L I- - A /HAT a title for a showman to 1/ 1 J play with! . . . and what a pic- ture ! . . . It's the snappiest screer show that's come out of Hollywood ir months... A down-to-earth story witF up-in-the-sky embellishments ! . . . Girl.* and gags and whirligigs— all a color- ful part of the human drama of th< romance between a wise-cracking insurance salesman and his night club-hostess sweetie — with EVERY THING added to make it bang - u| BOX-OFFICE ENTERTAINMENT AT WAY Starring GLORIA STUART ROGER°"PRYOR (of "Moonlight and Pretzels" fame), with MARIAN MARSH Shirley Grey, Onslow Stevens, Lucille Gleason, Mickey Rooney, Eddie Gribbon, Merna Kennedy, Mae Busch. Story by Harry Sauber. Screenplay by Chandler Sprague and Joseph Santley. Dances staged by Max Scheck. Songs by Conrad, Mitchell and Gottler. Directed by Harry Lachman. A Stanley Bergerman Production — Another success from UNIVERSAL MOTION PICTURE DAILY Monday, January 15, 1934 Detroit Film Combine Sued For $180,000 buying (Continued from page 1) leaders recklessly, and their power assisted in the result." Ray Moon, general manager of Mid-States, was not available for a statement. Detroit, Jan. 14. — Two more the- atres, the Michigan and Richards, Flint, quit Mid-States Theatres, book- ing combine, effective last Saturday. Pitt Sets Back Its Opening to Mondays Pittsburgh, Jan. 14. — The _ Pitt, which has been opening on Fridays, has switched to Mondays, making^ it the only first run to open at the begin- ning of the week. Aside from the Fulton, which opens on Thursday, Pittsburgh's other first runs, Stanley, Penn, Warner and Davis, get away on Friday. In addition, the Pitt has also raised its matinee price, from 1 P. M., to 6 P. M., from 25 cents to 35 cents. The night scale, however, remains the same, 40 cents. Legislator Against Virginia Ticket Tax Richmond, Jan. 14. — Opposition to any attempt to impose a 10 per cent ticket tax in this state will be forth- coming from Wilbur C. Hall, one of the Democratic leaders in the House. It had been reported that he would sponsor a tax bill. The newly formed Virginia M. P. T. O. is lining up against any pro- posed theatre tax. Important Shifts in Field Made by U. A. (Continued from page 1) sistant to the eastern division manager. The only district heads remaining as such are Haskell Masters, Canada, and E. J. Smith, Los Angeles. Form Cascabel Company Dover, Jan. 14. — Cascabel Amuse- ment Co. has been chartered here. The incorporators are Benjamin Se- ligman, Hannah S. Topkis and Emili V. Topkis of Wilmington. Seligman is manager of the Strand, an inde- pendent house in Wilmington. Remodel in Clarksdale Clarksdale, Miss., Jan. 14. — Re- modeling of the Strand has been started. The theatre will be owned and managed by Charles J. Collier of Drew, Miss. It has a seating capacity of 600. George Schaefer Returns George J. Schaefer returns today from Dallas, where he attended the Hoblitzelle circuit convention. Stanley Waite will visit Oklahoma City and San Antonio before returning to New York. MOTION PICTURE DAILYS HOLLYWOOD PREVIEW "Strange Holiday" (Paramount) Hollywood, Jan. 14. — This is a distinctive, out-of-the-ordinary pro- duction. Box-office values blend eerie appeal with artistry for ballyhoo purposes. The story's daring premise depicts the Prince of Death returning to earth for a strange three-day holiday to make merry and discover why mortals fear him. On earth he learns the power of romance and beauty, falling in love with a young girl. With but a few minutes to decide whether to return to his kingdom alone, or with his love, the girl decides. Combining the drawing power of "Frankenstein" and "The Invisible Man," "Strange Holiday" haunts with its dip into the unseen and pulls the heart strings with the dilemma of the young girl, desiring life and loving the Prince of Death. Fredric March as the Prince gives a Jekyll and Hyde performance, leaving little to be desired. Evelyn Venable, the girl embarking on life, is refreshingly attractive. Sir Guy Standing gives a finished portrayal. The remainder of the cast, with Kent Taylor, Gail Patrick, Katherine Alexander, Helen Westley and others, gives competent portrayals. The production establishes a macabre mood, maintaining and sustain- ing the interest in dramatic climaxes that thrill. Mitchell Leisen's direction from the screen play by Maxwell Anderson and Gladys Lehman is intelligent and skillful. The weird basis of the plot, the strange love story and the value of March's name, and talk bound to be created should send this across if showmen do their stuff. A Woman's Man (Monogram) Hollywood, Jan. 14. — "A Woman's Man" is another interpretation of what goes on behind the scenes in the typical Hollywood studio and is well-handled by Director Edward Ludwig from Frances Hyland's screen play of Adela Rogers St. John's Cosmopolitan story of the same name. Selection of such names as John Halliday, Marguerite De La Motte, Wallace Ford, Kitty Kelly, Jameson Thomas, Tommy Dugan and others results in bringing to the screen a refreshing piece of entertainment, sparkling with smart dialogue, yet not sophisticated. Natural situations by their sheer authenticity evoke much laughter and suspense until the final frame. The story is centered around a temperamental star (Miss De La Motte) who causes unending trouble for her director (John Halliday). When things point to normal, the star walks off the picture to do a little love making with a prize fighter, played by Wallace Ford. Her pal, Kitty Kelly, who acts as maid, bodyguard and mother confessor, furnishes the contrast between a dumb dora and a smart girl. However, life with al) principals becomes a series of laugh-provoking misunderstandings Prize fighter loses the fight. Star comes to her senses and this brings them together for the finale. The picture is good program release with appeal for all classes of audiences. "Legong" (Bennett Prod.) Hollywood, Jan. 14. — Here is told the story of Bali in the South Seas and the Dance of the Virgins by means of color photography, with synchronized sound and interpolated music. Henri de la Falaise, associate producer, labored for some months with a camera crew in this South Sea beauty spot to bring back this opus for Bennett Prod. The story is based on the folk lore of the island. If a virgin has love in her heart for a boy who has love only in his eyes, and his eyes stray to another — -in this case the girl's sister — then the first virgin is shamed before the tribe, and, as here depicted, jumps from a bridge and is later cremated. Its beautiful legend of native customs is portrayed artistically, with the girls gently revealing their charms. The photography gives color to the physical aspects of the picture. A native cock fight, religious dances and temple rites add verve, if not novelty. The Balinese leading woman and her sister have the twin delights of grace and loveliness. Otherwise, the production is of program calibre. Radio and Warners Agreeing on Loans Hollywood, Jan. 14.— Radio and Warners are getting together better these days in the matter of loaning players. Because Ginger Rogers was un- able to return to Radio for a top spot in "Hot Air," due to an over-stay at Warners for "Upper World," the lat- ter studio has loaned Ann Dvorak for the part. Several weeks back Warners re- fused to loan players to Radio on three consecutive occasions. Working Agreement On Union Deal Set Chicago, Jan. 14. — A working agreement for 1934 with the oper- ators' union has been signed by Jack Miller of the Chicago Exhibitors' Ass'n and Aaron Saperstein, head of Allied of Illinois. Virtually the same scale and condi- tions in effect last year are contained in the new agreement, except as the NRA affects working hours. Ohio Showmen Seek End of Ticket Tax (Continued from page 1) for poor relief and for school relief. Since its passage, the CWA has taken more than 50 per cent off the relief roll. This, it is claimed, cuts down much of the necessity for the special tax. The remaining requirements, theatre owners state, can be adequate- ly and more fairly taken care of by a general sales tax, they insist. Schader Sandusky Mayor Sandusky, O., Jan. 14.— Geo. J. Schader, one of the best known exhib- itors in this section, who operated a small circuit of houses here prior to his recent retirement, has been elected president of the City Commission, which makes him mayor under the city charter. He is serving his fourth term as commissioner. Topeka Orpheum Reopens Topeka, Jan. 14.— The Fox Or- pheum has been reopened here with "The Power and Glory." The policy is first runs, two changes weekly. The price is the lowest for first runs in Topeka, 20 cents top matinees and 30 cents top nights. Clyde Anderson is the manager. Remodel Alamosa House Denver, Jan. 14. — J. J. Goodstein. owner of theatres in Philadelphia and Pueblo, has remodeled the Opera House at Alamosa, Col., back into a theatre,_ and has named it the Palm. The building had been used as a store building for some time. (Additional reviews on page 10) Harris Goes to Roach Hollywood, Jan. 14. — Ray Harris, formerly of Paramount, has joined the Hal Roach- scenario department. His first assignment will be the conti- nuity for "Babes in Toyland." Lugosi Back to Stage Bela Lugosi will assume the star, role in Sam Warshawsky's play.', "Pagan Fury," which is slated for spring production. Sue (%aJi£j?£ f and all America will welcome your genius! Erik Charell, producer of international fame! Charles Boyer, out- standing dramatic figure of France! Joining their genius under the FOX banner ... to give America a glorious new entertainment thrill. Two more brilliant personalities added to the resplendent FOX roster. Further evidence that FOX is ever alert to add glamour to your box office! To appear in Erik CharelPs first Amer- ican production . . . which will bring to the fore all the mysterious glamour that radiates from this magnetic personality. Foremost romantic and dramatic personality of the French stage and screen. Starred in the French stage success: "Le Bonheur"; "Melo"; "Le Venier"; "La Gallerie des Glaces". Starred in many motion picture hits . < . among others: Erich Pommer's epochal "Liliom" in French. Here to make productions typical of the amazing vitality, originality and appeal which characterize his sensational Con- tinental successes. Producer of "White Horse Inn", current hit of all Europe (now in its 3rd year in Paris, its 2nd in London). Max Reinhardt's associate in "The Miracle". Successfully produced "The Merry Widow", "The Three Musketeers", "Madame Pompadour", many other hits, in Berlin's Grosses Schauspielhaus. 10 MOTION PICTURE DAILY Monday, January 15, 1934 • Looking 'Em Over • "I Was a Spy" (Gaumont British-Fox) An intriguing effort, entertainingly handled by all concerned. The picture presents to American audiences for the first time Madeleine Carroll, an accomplished actress, whose performance here is a distinct credit. In addition, Herbert Marshall and Conrad Veidt also contribute capital work. Victor Saville directed. A Roxy audience enjoyed it. Suggested by the title, the story deals with the British espionage sys- tem in Belgium at the time of the German invasion during the World War. Miss Carroll is enlisted into the service because she is employed in a hospital used by Germans. There she meets Marshall, also a spy, and in short order they fall in love. Working hand in hand, the two manage to secure valuable information which causes havoc with the Germans. Veidt, the commandant, in love with Miss Carroll, forgets himself in a frenzy of passion and divulges some of the important moves of his forces. Ultimately, Miss Carroll is arrested. On trial she refuses to reveal her aide, even at the price of going free. She is sentenced to death, but rather than see her put before the firing squad, Marshall confesses. He is put to death and the heroine goes to prison. Her term there is cut short by the evacuation of the Germans for Allied forces. "Big Timeor Bust" (Capitol) Little of originality is to be found in "Big Time or Bust," a Tower production. The story it tells has been repeated so often that it has lost much of its edge. However, there is some good acting and some good sets, a number of them more or less sumptuous, to give the film modest drawing power at neighborhood houses. Regis Toomey is a high diver, and Gloria Shea, his wife, is his assist- ant. The team breaks up when Miss Shea gets a job in a New York night club. Eventually she reaches stardom on Broadway. Toomey, virtually living on her earnings, is jealous of the attentions of other men to her. In despair he goes back to his high-diving work, resolved to plunge to his death during his performance. Only the sudden appearance of Miss Shea at the foot of the ladder, cheering him on as in the old days, turns him from the idea of ending it all. The fadeout finds them vowing to team up again as in the old days. The acting is commendable. Also in the cast are Walter Byron and Edward Maxwell. Sam Newfield did a routine job of directing. "Public Stenographer" (Showmen's Pictures) Fairly entertaining melodrama which would go nicely on a dual pro- gram. Lola Lane, a public stenographer in a hotel, falls in love with William Collier, Jr., a construction engineer. When her fiance leaves for Cincinnati to settle a former love affair, Miss Lane misunderstands the mission. Esther Muir, Miss Lane's friend, secures the stenographic notes taken by the heroine from Collier, and sells them to Jason Robards, the heroine's ex-fiance and competitor of Collier. Before Robards has a chance to translate the notes, Miss Lane secures them by a ruse and everything ends to the satisfaction of all. Also in the cast are Richard Tucker, Al St. John, Bryant Washburn, Duncan Renaldo and Al Bridge. "West of the Divide" (Monogram ) This is a variation of the ranch-stealing, cattle-rustling formula with three spectacular fist fights and four good chases, and a mild romance with John Wayne and Virginia Brown Faire as the lovers. Wayne and his pal, George Hayes, who, by the way, knows his stuff as a portrayer of western roles, show up in a California valley intent on solving the mystery of who murdered Wayne's parents. After a series of adventures they discover Lloyd Whitlock is the man and that he and his gang are still playing tricks. In addition to occupying Wayne's ranch they are plotting to get Whitlock's place as well. Whit- lock is Miss Faire's father. The story and direction are by R. N. Bradbury. Both are better than average. Reviews On Shorts "Manhattan Lullaby" (Educational) Starring Helen Morgan, and featur- ing Henry King's orchestra, this mu- sical short is highly entertaining. In- teresting shots of New York at dawn and at sunset are interposed through- out the film. Miss Morgan sings a narrative song. Running time, 9 mins. "The Little King" (Van Bern en-Radio) In a short called "Jest of Honor," the "Little King" falls short of amusement value expected from the hilarious Soglow cartoons current in magazines. There are, however, sev- eral amusing scenes, such as the King riding a surf-board behind a battle- ship. Running time, 7 mins. "The Inventors" (Educational) A hilarious comedy starring Stoop- nagle and Budd. Their inventions and their lectures are the whole film. Olive Borden is also featured. Running time, 20 mins. "Strange Case of Hen- nessy" (Van Beuren-Radio) An amusing musical with Cliff (Ukulele Ike) Edwards, and Jack Fulton and Jean Sargent, the radio stars. Posing as a famous detective, who later turns out to be insane, Cliff Edwards provides many laughs. Run- ning time, 21 mins. "Hey Nanny, Nanny" (Radio) A fairly amusing hodge-podge of the antics of Clark and McCullough. showing their rise from window clean- ers to magicians, with Thelma White, Monte Collins and Sidney Jarvis aid- ing in producing laughs. The story and dialogue are typical of Clark and McCullough. Running time, 21 mins. "Not Tonight, Josephine" (Vitaphone) A very amusing short done in Technicolor, burlesquing the life of Napoleon. Frank McHugh as Na- poleon, Kitty Kelly as Josephine and Florence Robertson as Anne of Austria furnish most of the laughs. Several songs are also featured. Run- ning time, 21 mins. "The Seventh Wonder" (Monogram) This is one of the "Port O'Call" series produced by Deane H. Dick- ason. The seventh wonder is the Panama Canal and the working of its massive locks with some prelimin- ary scenes and narrative describing Panamanian history. Ships are shown moving slowly in various parts of the big ditch. It's an interesting trave- logue. Running time, 11 mins. "On Approval" (Radio) Featuring Frank Crummit and Julia Sanderson, this RKO-Headliner comedy could be much more amusing. Using the adoption of an orphan as the foundation on which to build a comedy, the action tends to be too serious. Running time, 17 mins. "In Venice" (Educational) Another amusing Terry-Toon, this one having Venice as its setting. Traf- fic on the canals, a burlesque arrival of Will Rogers, and his greeting to the air squadron of Balbo are fea- tured. A burlesque Italian opera runs through the last three minutes. Run- ning time, 5 mins. 1 4 "Moorish Spain" (Van Beuren-Radio) Novel in the sense that not a bull, nor a shot of a bullfight is seen, this travelogue, produced by J. Herrick- Herrick for Van Beuren in Spain, is very interesting. Shots of the Al- hambra and the adjoining gypsy vil- lage are particularly good. Off-stage dialogue is by Alois Havrilla, the radio announcer. Running time, 10 mins. "Pardon My Pups" (Educatio}ial) Starring Junior Coghlan and Shir- ley Temple, this one furnishes plenty of laughs. The story concerns a youngster who is afraid of dogs, but who finally is won over by a span- iel. Shirley Temple is great. Run- ning time, 17 mins. "Hollywood on Parade" (Paramount B-6) The conventional "Hollywood on Parade," with shots of the Paramount studio, Ruth Etting, Jimmy Durante, Cary Grant, Joan Crawford, Alice White, and Joe E. Brown and Johnny Mack Brown on location. Running time, 10 mins. "Canyon of Romance" (Educational) Shot in Cinecolor, this short is breath-taking in its scenic beauty. Claude Fleming's off-scene dialogue explains the wonders of the "golden west" among the deserts and canyons. Running time, 10 mins. "Sitting on a Backyard Fence" (Vitaphone) A one-reel musical "Merrie Melody" cartoon, dealing with the amorous side of alley cats. Done in the conventional manner, and affords fair entertain- ment. Running time, 7 mins. Monday, January 15, 1934 MOTION PICTURE DAILY 1 1 Providence Gives 'Dinner9 $16,800, $4,800 Over Par "Scandals" Is Denver Smash With $17,500 Denver, Jan. 14. — "Roman Scan- dals" topped everything the Denver has had within the past three years, and is the first film ever to be held a second week at this de luxer. Hold- outs were the rule, with some of them extending out to the curb. "Dinner at Eight" turned in twice the regular gross at the Paramount, after a week at the Denver in which it had the best takings in many months. "Ann Vickers-' was 10 per cent above normal at the Orpheum, while "Morning Glory" and "Design for Living" did average. First run business was $43,500. Av- erage is $27,750. Estimated takings for the week end- ing Jan. 11 : "MORNING GLORY" (Radio) ALADDIN— (1,500), 25c-40c, 7 days. Gross: $3,500. (Average, $3,500.) "DESIGN FOR LIVING" (Para.) DEN HAM— (1,500), 25c-30c-40c, 7 days. Stage show. Gross: $6,000. (Average, $6,000.) "ROMAN SCANDALS" (U. A.) DENVER— (2,500), 25c-35c-SOc, 7 days. Gross: $17,500. (Average, $5,500.) "ANN VICKERS" (Radio) ORPHEUM — (2,600), 25c-35c-40c, 7 days. Stage show. Gross: $11,000. (Average, $10,000.) "DINNER AT EIGHT" (M-G-M) PARAMOUNT— (2,000), 25c-40c, 7 days. Gross: $5,500. (Average, $2,750.) Judge in Illinois Favors Open Sunday Beaton, 111., Jan. 14. — Judge Rob- ert Cook of Herrin, 111., has made permanent an injunction restraining . :ounty ajid city officials from enforc- ing the city ordinance against Sunday shows. The court held the ordinance . invalid. Boston, Jan. 14. — Two Massachu- setts towns are agitating Sunday shows. At Melrose petitions have oeen filed with Mayor Robert A. Perkins and the aldermen asking that he Sunday show problem be sub- Tiitted" to voters. At Maiden, in spite of the fact that • oters have already favored Sunday Dpenings, the selectmen have called a -e:ond referendum to decide whether or not the voters will ratify the ac- :ion taken earlier. Charter Export Concern Dover, Jan. 14. — General Film Ex- change, Inc., has filed in the State Department here to export films to Ihina, listing capital of 100 shares, no )ar value. The incorporators are : Robert A. Van Voorhis, Belleville, tf. J. ; R. H. Toothe, Brooklyn, N.Y. ; A- M. Docken, Sunnyside, L I. M-G-M Publicists Expand Hollywood, Jan. 14.— The M-G-M publicity department has taken over he entire building on the lot, the vriters formerly quartered there hav- ng been moved out. Providence, Jan. 14. — With all the- atres here catching nice business for the week, two houses, Loew's and the Paramount, raked in grosses consider- ably over average. "Dinner at Eight," at Loew's, took $16,800, and the Par- amount, with "Design for Living," was $500 over average, garnering $7,000. "Flying Down to RIO," at the Al- bee, was good for a par $7,000. Total for first run business was $45,900. Average is $40,500. Estimated takings for the week end- ing Jan. 4: "DINNER AT EIGHT" (M-G-M) LOEW'S STATE — (3,800), 15c-40c, 7 days. Stage: William Desmond and Ruth Mix. Gross: $16,800. (Average, $12,000) "FLYING DOWN TO RIO" (Radio) "FOG" (Radio) RKO ALBEE— (2.300), 15c-40c, 7 days. Gross: $7,000. (Average, $7,000) "LADY KILLER" (Warners) "YOU MADE ME LOVE YOU" (Chesterfield) MAJESTIC— (2,400), 15c-40c, 7 days. Gross: $7,000. (Average, $7,000) "HAVANA WIDOWS" (Warners) FAY'S— (1.600). 15c-40c, 7 days. Stage: "Revels of 1934." Gross: $7,1100. (Average, $7,000) "DESIGN FOR LIVING" (Para.) "RAINBOW OVER BROADWAY" (CFD) PARAMOUNT-(2,300), 15c-40c, 7 days. Gross: $7,000. (Average, $6,500) "ONLY YESTERDAY" (Univ.) "BREED OF THE BORDER" (Mono.) RKO VICTORY— (1,600). 10c-25c, 4 davs. Gross: $1,100. (Average, $1,000) Claims Development Of New Sound Head Enid, Okla.. Jan. 14. — Wesley Trout, sound and projection engineer has developed a new type sound head which he says uses a new type optical system ; two sprockets ; new type curved, case hardened sound gate ; is gear-driven, eliminates old style chain drives while all parts are built over- size and case hardened. Powers, Sim- plex, Kaplan and Motiograph projec- tors can handle it, he asserts. He has also developed a new all a.c. amplifier, using all latest tubes, new type tone-control and changeover device. According to Trout, this sound equipment will faithfullv reproduce all "Wide Range" and "High Fidelity" recordings, from 40 to 10,000 cycles. Columbus Club to Dine Columbus, Jan. 14. — The third an- nual banquet of the Columbus Variety Club will be held in the Deshler- Wallick ballroom Jan. 21. Olsen and Johnson and their entire company of "Take a Chance," booked for the RKO Palace, will provide the stage entertainment. Sir Ernest Dupille, managing di- rector Continental Theatres, Ltd.. of London, and Governor White of Ohio will be among the notables. Signed to Work Abroad Hollywood, Jan. 14. — Warners have signed Laura LaPlante and Reg- inald Denny to make pictures for them in London under the supervision of Irving Asher, head of the company's studio there. Another Cycle Hollywood, Jan. 14. — Streng- thening the list of "genera- tion" pictures already re- leased or in production, Par- amount has purchased screen rights to Samuel B. Harri- son's novel, "Yonder Lies Jericho," a story dealing with a Texas family through three generations. Wesley Ruggles gets the directorial assignment. "Dinner," "Skitch" Lead Indianapolis Indianapolis, Jan. 14. — Theatre business here was better last week with two houses going over par, some- thing that has not happened in sev- eral weeks. The best business was "Dinner at Eight" at the Palace, which grossed $6,500. It was held over. "Mr. Skitch," at the Apollo, reached $3,000. Estimated takings week ending Jan. 8 : "MR. SKITCH" (Fox) APOLLO— (1,100). 20c-40c, 2nd week, 7 days. Gross: $3,000. (Average, $2,500.) "FLYING DOWN TO RIO" (Radio) CIRCLE— (2,600), 25c-40c, 7 days. Gross: $3,500. (Average, $3,500.) "SITTING PRETTY" (Para.) INDIANA— (3,100), 20c-40c, 7 days. Gross: $4,000. "BY CANDLELIGHT" (Univ.) LYRIC— (2,000). 20c-40c, 7 days. Stage show. Gross: $4,500. (Average, $6,000.) "DINNER AT EIGHT" (M-G-M) PALACE— (2,800), 25c-55c, 7 days. Gross: $6,500. (Average, $4,500.) "U" Directors Now Total to Eighteen Hollywood, Jan. 14. — Universal now ranks equal to the balance of the major studios for number of directors under contract. Their latest list of contractees in this division shows a total of 18, including John M. Stahl, James Whale, Frank Borzage, Lowell Sherman, William Wyler, Karl Freund. Edward Buzzell, Kurt Neu- mann, Edwin L. Marin, Edward F. Sloman, Edgar Ulmer, James W. Home, Robert Wyler, Edward Laemmle, Louis Friedlander, Ernst L. Frank, Ray Taylor and W. P. Hack- ney. N. O. Liberty Reopens New Orleans, Jan. 14. — The Lib- erty has reopened under the manage- ment of L. M. Ash, at one time audi- tor for Saenger. The theatre has been refitted with new sound equipment. Para. Signs Craven Hollywood, Jan. 14. — Paramount has signed Eddie Craven, currently starring in "Sailor Beware" on Broad- way, to a long-term contract. K. C. Grosses Leap Upward Over Holiday Kansas City, Jan. 14. — First run grosses experienced a rebound, the four major houses aggregating $51,- 700, which looks like old times. Spe- cial New Year's eve shows swelled the takes. "Dinner at Eight," at the Midland's 25-cent price, was top-notcher with $21,000. "Design for Living" turned in a fine $9,700 at the Newman. "Mr. Skitch" was phenomenal, according to the Uptown, where it reportedly broke all existing house records for gross, attendance and profit. Against an average of $3,000, the Will Rogers vehicle gave the Uptown $8,500 for the week, this, however, including a New Year's midnight show at which "Sing, Sinner, Sing" was "previewed." Total for the week was $51,700. Average is $33,000. Estimated takings : Week Ending Jan. 4: "IF I WERE FREE" (Radio) MAINSTREET— (3,049), 25c-40c-60c, 7 days, plus Saturday midnight show and New Year's Eve show (the latter 75c- $1.10, reserved.) Stage: Duke Ellington and band. Gross: $12,500. (Average, $12,- 000.) "DESIGN FOR LIVING" (Para.) NEWMAN— (1,800), 25c-40c, 7 days, plus Saturday and Sunday midnight shows. Gross: $9,700. (Average, $7,000.) Week Ending Jan. 5: "DESIGN FOR LIVING" (M-G-M) MIDLAND— (4,000) 25c, 7 days, plus Sat- urday and Sunday midnight shows. Gross: $21,000. (Average, $11,000.) "MR. SKITCH" (Fox) UPTOWN— (2,000), 25c-40c, 7 days, plus Saturday midnight show. Gross: $8,500. (Gross includes near capacity business at New Year's Eve midnight show with "Sing, Sinner, Sing." (Average, $3,000.) Fox Doubles Output On Its Spanish List\ Hollywood, Jan. 14. — Determined to retain a firm foothold in the for- eign field, Fox has boosted its Span- ish output from six to 12 features for the current season. The studio's foreign department, headed by John Stone, decided to double the season's quota, following entry of Warners and other majors into Spanish production. None of the 12 will be dubbed ver- sions, Fox having discontinued this system some time ago because of un- satisfactory reception by Latin ex- hibitors. RKO Pushing Name Acts in Kansas City Kansas City, Jan. 14. — RKO is making a determined bid for business by way of combination shows with name acts at the Mainstreet. Sched- uled are Morton Downey and revue for the week of Jan. 19, then Kate Smith and her Swanee Show, and Ol- sen and Johnson in "Take a Chance." Connie in "Cellini" Lead Hollywood, Jan. 14. — Constance Bennett draws the feminine lead op- posite Fredric March in "The Affairs of Cellini" for 20th Century. 12 MOTION PICTURE DAILY Monday, January 15, 1934 it Rio," Show, Detroit Top With $23,600 Detroit, Jan. 14— "Flying Down to Rio" at the Fox and "Convention City" at the Michigan, both aided by stage shows, got about all the business there was in town last week, both going over par. The former clicked for $23,600, which is $8,600 over aver- age, and the latter took in $20,500, $500 better than the Michigan par. Others were just fair. Total for the week was $63,300 against $77,000 average and $62,600 last week. Estimated takings for the week end- ing Jan. 11 : "INVISIBLE MAN" (Univ.) DOWNTOWN— (2,750), 15c-40c, 7 days, 2nd week. Gross: $5,300. (Average, $10,000.) "SONS OF THE DESERT" (M-G-M) FISHER— (2,975), 15c-50c, 7 days. Gross: $5,600. (Average, $10,000.) "FLYING DOWN TO RIO" (Radio) FOX — (5.100), 15c-50c. 7 days. Stage: Ken Murray. The Hudson Wonders, Si Wills & Joan Davis. Gross: $23,600. (Average, $15,000.) "CONVENTION CITY" (F. N.) MICHIGAN— (4,100), 15c-40c, 7 days. Stage: Will Mahoney, Radio Rubes. Lomas Troupe. Gross: $20,500. (Average, $20,000.) "ROMAN SCANDALS" (U. A.) UNITED ARTISTS— (2.070, 15c-50c, 7 day,s, 3rd week. Gross: $5,100. (Average, $10,000.) "BLOOD MONEY" (U. A.) STATE— (3.000), 15c-40c, 7 days. Stage: WLS Barn Dance. Gross: $3,200. (Aver- age, $12,000.) Clark in New Sparks Job Tampa, Jan. 14. — Jesse L. Clark, for the past three years manager of the west coast division of Sparks theatres with headquarters in Tampa, has been made district manager in charge of all houses in the central and north portions of the state. He is succeeded here by Vernon D. Hunter. Two managerial changes have been made here. Jack Hodges is back at the Tampa and William Hart has re- turned to the Park. F. D. Holds Party First Division held a house warm- ing at its new quarters in Radio City on Saturday. Practically every important person in the business attended. Harry H. Thomas, president of First Division, was host to a gathering of more than 700. There was dancing in addition to a buffet luncheon. Charter Texas Companies Dover, Del., Jan. 14. — Texas Con- solidated Theatres, Inc., and Texas Theatre Realty Co. has been chartered here. Texas Consolidated listed capi- tal of $10,000 and Texas Realty $1,000. The incorporators, for both, were C. S. Peabbles, L. H. Herman and Walter Lenz of Wilmington. Martin Joins Radio Hollywood, Jan. 14. — Eddie Mar- tin, Hollywood Citizen-News column- ist and recently with the Warners theatre publicity department, joins the Radio staff Monday. Mike Maloney has handed in his resignation. Making It Clear Two Rivers, Wis., Jan. 14. — Honesty is the best policy in the estimation of the manage- ment of the Rivoli, which fea- tured the following box in one of its recent advertisements: "Notice! 'Saturday's Millions' replaces 'Meet the Baron' which was advertised to play both Sunday and tonight. The amount of attendance Sun- day did not warrant playing the picture tonight." Coast Production Shows Slight Gain {Continued from page 1) in preparation and 19 in the cutting rooms. Fox and Warners led the feature group for activity with each studio reporting six in work. Fox has three in preparation and three cutting, while W arners have six preparing and one cutting. M-G-M reported four, two and nine ; Paramount four, four and four ; 20th Century one, zero and two ; Un- versal one, one and zero ; Columbia zero, four and five ; Radio one, five and seven. Independent producers show four, seven and five. In the short subject field, M-G-M reported three working, three prepar- ing and two cutting ; Roach has two, two and three ; Universal zero, one and two ; Columbia zero, three and one and Radio zero, one and six ; in- dependent six, five and five. Stewart Film Board Head Portland, Jan. 14. — Pete Stewart, Warners, has been named president of the Film Board of Trade, with Lou Amacher of M-G-M as first vice- president, Frank Clark of Paramount as second vice-president, Howard Mapes as treasurer and Ruth Doyle as secretary. "Pigs" in Tenth Week Cincinnati, Jan. 14. — "Three Lit- tle Pigs" is being shown at the Term- inal for the 10th consecutive week. This is believed to constitute a na- tional record for continuous showing of a Disney cartoon. Va. Gets New Concern Salem. Va., Jan. 14.— The Virginia Theatre Management Corp., a Mary- land corporation, has just been domes- ticated to do business in this state. Bernard Depkin. Jr., is in charge. Odium Quits at Canton Canton, O., Jan. 14. — G. B. Od- ium, in charge of the Palace for the past year, is out. A. G. Constant. Steubenville. lessee of the house, has taken over active management. Maryland MPTO to Elect Baltimore, Jan. 14— Nominating committee of the M.P.T.O. of Mary- land, Inc., has been appointed includ- ing William Hicks, chairman; Robert Kanter, Max Cluster, Louis Schneider and Charles E. Nolte. Philadelphia Tips "Women" Big 2nd Week Philadelphia, Jan. 14. — Business continued good last week. The second week of "Little Women'' toppled over a good $24,000 at the Bovd. "I Am Suzanne" got $18,500 at the Fox on the second week, almost enough to warrant its being held. Ben Bernie and his band, together with "Above the Clouds," brought $23,000 to the Earle. A surprise hit developed at the Karlton in "By Candlelight," which took in $6,000, enough to hold it a second week, an almost unprecedented action for this theatre. The house recently turned to first runs and ap- pears to be getting established as a theatre for more or less sophisticated films. Total first run business was $106.- 200. Average is $76,580. Estimated takings for the week end- ing Jan. 11 : "ROMAN SCANDALS" (U.A.) ALDINE— (1.300). 40c-55c-65c, 6 days. 3rd week. Gross: $11,500. (Averaee. S7.000.) "SITTING PRETTY" (Para.) (2nd runl ARCADIA— (600). 25c-35c-40c. 6 days. Gross: $2,000. (Averaee. $2,400. "LITTLE WOMEN" (Radio) BOYD— (2.400). 40c-55c-65c. 6 davs. 2nd run. Gross: $24,000. (Average. $12,000.) "ABOVE THE CLOUDS" (Col.) EARLE— (2.000) . 40c-55c-65c. 6 days. Stage: Ben Bernie and his revue. Gross: $23,000. (Average. $12,000.) "I AM SUZANNE" (Fox) FOX— (3.000). 30c-40c-65c. 6 days. 2nd week. Stage: Buck and Bubbles. Jack Arthur. Captain Proske's Tigers. Gross: $18,500. (Average. $16,000.) "BY CANDLELIGHT" (Univ.) KARLTON— (1.000). 30c-40c-50c. 6 davs. Gross: $6,000. (Average. $3,500.) "WINE, WOMEN AND SONG" (Chad wick) KEITH'S— (2.000). 25c-35c-40c. 4 days. Stage: Frank Richardson. Gross: $3.0C0. (Average. 6 davs. $7,000.) "DANCING LADY" (M-G-M) STAXLEY — (3.700). 40c-55c-65c. 6 davs. 2nd week. Gross: $11,000. (Average, $12,000.1 "WHITE WOMAN" (Para.) STAXTOX— (1.700). 30c-40c-55c. 6 days. Gross: $7,200. (Average. $7,000.) Up 15c. for "Roadshow" Kansas City. Jan. 14. — The differ- ence between a regular first run and a roadshow is 15 cents, according to the Fox Apollo here. The house hiked its 25-cent top to 40 cents for "Berke- ley Square." The attraction is billed as a "roadshow" and is preceded by a "musical prologue" consisting of sev- eral shorts. Day and Date "Daughter" "Enlighten Thy Daughter" will get day and date bookings in two Lowell. Mass.. houses, an unusual procedure in New England, according to Ex- ploitation Pictures, which arranged the deal with Harrv Asher of American Pictures. Inc., New England distribu- tors. The houses are the Victory and Capitol. R. A. Philbrook Sells Out Detroit. Jan. 14. — One of the most colorful of Detroit's exhibitors has na.ssed out of the film picture. Ralph A. Philbrook. Annapolis graduate, lawyer and 250-pound operator of the Cooley, has sold out to Arthur D. Baehr, former manager of the Plaza. Cleveland's Grosses Take Sizable Jump Cleveland, Jan. 14. — The wck ended with every first run doing aver- age or better. Four out of six local first runs went over, resulting in a total increase of $3,900 over the aver- age total intake. "Rainbow Ovci Broadway," coupled with a stage show starring Olsen and Johnson in "Tak< a Chance," piled up $20,500. "Thf House on 56th St.," "Design for Liv ing" and "Bombay Mail" helped swel the high total. Duals at the Laki pulled that house up. Total business was $46,400. Aver age is $42,500. Estimated takings for the week end ing Jan. 12 : "BOMBAY MAIL" (Univ.) ALLEX— (3,300), 20c-30c-40c, 7 days. Gross $3,500. (Average, $3,000.) "HOUSE ON 56TH STREET" (Warners) WARXERS' HIPPODROME— (3,800). 30c 35c-44c, 7 days. Gross: $5,800. (Average $5,000.) "HORSE PLAY" (Univ.) "KING FOR A NIGHT" (Univ.) WARXERS' LAKE— (800), 25c-35c. 7 davs Gross: $2,500. (Average. $2,500.) "RAINBOW OVER BROADWAY" (Chesterfield) RKO PALACE— (3.100). 30c-40c-60c-75c. days. Stage: Olsen & Johnson, "Take Chance" with cast of 75. Gross: $20,501 (Average. $18,000.) "DESIGN FOR LIVING" (Para.) LOEWS STATE— (3,400). 30c-35c-44c. days. Gross: $10,000. (Average, $10,000. i "GIRL WITHOUT A ROOM" (Para.) "16 FATHOMS DEEP" (Monogram) STTLLMAX — (1.900). 25c-35c, 7 dav Gross: $4,100. (Average. $4,000.) Northwest Picking Up Portland, Jan. 14. — Theatre bus ness is picking up. Joe George. Ida!" Falls, Idaho, has just closed a $12,00 contract with B. F. Shearer for rjl modeling, and the new Mt. Tabor, sul urban here, has been opened by H. LTpdegraff. Swee Heads New Club Cleveland, Jan. 14. — Louis Swi has been elected president. Stua Cagney, vice-president, and Dav Polster treasurer of the newly lorrm M. P. Theatre Managers' Club, oj ganized for social purposes. MOTIO* PICTURE ALMANAC 1954-35 NO W /N PMPA/IA T/ON WHERE THE WORLD LOOKS FOR MOTION PICTURE tow- 35 PRKt facb I The Leading Daily Newspaper ; of the Motion Picture Industry MOTION PICTURE DAILY Alert, Intelligent and I f|%k Faithfiif j i Service. Cohan, Abe Lyman and his band, George Jessel, Bob Hall, Joe Penner, Milton Berle, Ed Sullivan and "The Voice of Experience" are among the talent being lined up by Steve Trill- ing of the Warner Artists' Bureau for the annual benefit of the Milk and Egg League for New York's Tuber- cular Poor at the New Amsterdam, Jan. 28. Medal for Disney Philadelphia, Jan. 15 — Walt Dis- ney will be awarded this year's gold medal of the Poor Richard Club of Philadelphia for the outstanding achievement of 1933 at a banquet at the Benjamin Franklin Hotel Wednes- day. Eddie Cantor will accept the medal for Disney, who will not be able to attend. Loew Trip Canceled Arthur M. Loew, vice-president of Loew's and in charge of M-G-M's for- eign business, has canceled his 'round- the-world trip and is returning to New York, via China. He is due back in a month. Illness is described as the reason. Disney Joins Hays Walt Disney Prod, is now a mem- ber of the Hays organization. This sends the total of producing and distributing company members up to 25. Pick Grace Moore's First Hollywood, Jan. 15. — Grace Moore's first for Columbia will be "Don't Fall in Love," a play by Charles Beahan and Dorothy Speare. Milwaukee Boosting Grosses with Shows Milwaukee, Jan. 15. — Faced with plenty of outside competition, the Al- hambra, Palace and Wisconsin, first runs, are playing stage shows in ad- dition to their regular picture fare. A six-day bike race, just closed at the Auditorium, grossed approxi- mately $24,000 with a paid attendance of 39,804. The automobile show moved into the Auditorium Jan. 13 for a week's stay. And to top it off a walkathon has blossomed forth in the Horticulture Building at State Fair Park in West Allis, operating 24 hours daily with two daily broadcasts over WISN. Paramount Promotes Six In line with its policy of promoting from within the ranks, Paramount has made six elevations in the sales force. James J. Donahue, Salt Lake City manager, is now head of the Minne- apolis office, succeeding Chester A. Roeder, who has been switched to San Francisco. Harold E. Pickett, Okla- homa City branch manager, has as- sumed a similar post in Dallas. Charles G. Epperson, salesman at Salt Lake City, is now manager, and Sid- ney R. Sampson, salesman at Dallas, heads the Oklahoma City office. Ger- ald Westergren, ad sales manager at Washington, has been moved to the home office and Stanley R. Chase, ad sales clerk in Washington, is now ad sales manager there. Para, to Build Up Ross Hollywood, Jan. 15. — One of the biggest star build-ups planned for the coming year will be given Lanny Ross, former Radio singer, bv Paramount. To date he has been given a featured role in "Melody in Snring," his first oicture. A starring vehicle is now be- ing prepared for him and the studio will co-star him with Charlotte Henry in "Cinderella." Designates Shorts Week Paramount has designated the seven days starting Feb. 11 as National Short Subjects Week. Hays Plans Coast Trek Will H. Hays plans to leave for the coast shortly. Air Race to Hughes Miami, Jan. 15. — Howard Hughes was being congratulated today for winning the sportsman pilot free-for- all event yesterday at the Miami All- American air meet. His speed was 185707 miles per hour over a 20-mile course. Market Shows Upward Trend Net High Law Close Change Columbia Pictures, vtc 2534 25 2534 4-154 Consolidated Film Industries 354 354 354 Consolidated Film Industries, pfd 13 1234 13 Eastman Kodak 8254 81 82 +VA Fox Film "A" 14 1354 14 4- 54 Loew's. Inc 27^ 2754 2754 + 74 M-G-M, pfd 2134 2134 2134 -t- 54 Paramount, cts 27A 254 W* 4-54 Pathe Exchange 154 154 134 4-54 Pathe Exchange "A" 1254 1154 1254 4-134 RKO 254 254 254 4-34 Warner Bros 6 554 5^4 +34 Technicolor Advances Half a Point Net High Low Close Change Technicolor 854 854 854 4-54 Paramount Bonds in Sharp Rise Net High Low Close Change General Theatre Equipment 6s '40 554 5 554 + ?4 General Theatre Equipment 6s '40, ctf 434 434 434 — % Keith B. F. 6s '46 54 54 54 4-154 Loew's 6s '41. ww deb rights 90 89 90 4-54 Paramount Broadway 554s '51 39 36 3754 4-254 Paramount F. L. 6s '47 38 3534 38 4-3 Paramount Publix 554s '50 38 3534 3754 4-154 Warner Bros. 6s '39. wd 4434 4354 4*H 4-154 Sales 600 400 800 1.600 1.200 14.200 100 18.600 1,300 3.200 5.800 10.500 Sale 4 Purely Personal ► Makgit Nilsen, fashion illustrator and costume designer, will hold an exhibition of her soap sculpture at the world premiere of First National's "Fashions of 1934" at the Hollywood Thursday night. R. H. Bruce Lockhart, who wrote "British Agent," which First National is making into a film, arrives aboard the Aquitania on Jan. 30. He may visit Hollywood. Lionel Atwill, back from the coast, has gone to Pikesville, Md. He expects to make a personal appear- ance at the opening of "Nana." Dolores Del Rio will broadcast over the NBC network tomorrow at 9:30 P. M. James R. Grainger left for Can- ada last night. Back in New York the end of the week. 300 Sales 24 2 3 21 26 36 52 45 Many Shifts by RKO At New York Houses Many changes in its New York theatre personnel have been made b\ RKO. Ray Connor has replacec Herman Whitman as manager of th< Palace. His place at the Fordhan has been filled by Herbert Jennings Robert Ward has been named as sistant manager of the Orpheum Brooklyn, as successor to Nat Rubin Joseph C. Greenfield replaces Johr H. Patterson as manager of thi Greenpoint, Brooklyn. He is sue ceeded at the Franklin by Lou Golden Abe Vallet has been promoted t< manager of the Shore Road. Brook lyn, succeeding Hubert O'Camp. H w_as formerly assistant manager am treasurer of the Bushwick, Brooklyn where he has been replaced by An thony Belle, formerly chief of service Receiver to RKO Studio A. H. McCausland, representativ of Irving Trust Co. as receiver fo RKO, is en route to Hollywood t< confer with RKO studio represent; tives on matters pertaining to th receivership. McCausland left Ne\ York over the week-end with the in tention of remaining at the studio fo several weeks. Morosco Hurt in Fall Hollywood, Jan. 15. — Oliver Mc rosco is in a private hospital her with injuries sustained when he wa seized with a heart attack and fe to the pavement while strolling alon Hollywood Boulevard. His cond tion is said to be critical. Switch Robson Title Hollywood, Jan. 15. — "You Car Buy Everything" is M-G-M's fin title for May Robson's starring pi' ture which has been called "Old Hai nibal." Keene a Colonel Atlanta, Jan. 15. — Lionel 1 Keene, southern representative f Loew's theatres, has been named colonel on Governor Talmadgf staff. new screen Clflie should prove a sensation and a box = offi ice ionic llirouglioul (lie country. WARREN STOKES Associated Publications MOTION PICTURE DAI LY Tuesday, January 16, 1934 World Total For Theatres Shows a Drop {Continued from page 1) Authority set aside only 13,500 blanks for theatres in connection with assents to the code. Europe last year stands out in front with the sharpest decline the Motion Picture Division records reveal. That territory in 1933 turned in a total of 29,693 theatres, as compared with 30,- 623 in 1932, or a shrinkage of 930. The Far East was second with a de- cline of 283 theatres last year to a total of 4,639 as compared with 4,922 in 1932. Latin-America ranks third in this classification with a 1933 total of 5,270. In 1932, this territory reported 5,546, thereby making the difference 276 in 12 months. How the world's theatres compare last year and the year before is demon- strated in the following charts : 1933 Grand Territory Total Europe 29,693 United States 19,000 Latin America 5,270 Far East 4,639 Canada 1,100 Africa and Near East 645 Totals 60,347 41,822 1932 Grand Sound Territory Total Houses Europe 30,623 17,822 United States 19,042 14,000 Latin America 5,546 1,830 Far East 4,922 2,147 Canada 1,100 777 Africa and Near East 691 379 Totals 61,924 36,955 Interesting is the comparison be- tween theatres, by countries and by year, as revealed in the following com- parative tables : Europe Country Theatres Theatres 1933 1932 Germany* 5,100 5,071 England 4,672 4,950 France 3,900 3,300 Spain 2,600 2,600 Italy 2,500 2,500 Czechoslovakia* 2,024 1,900 Russia 2,000 3,200 Sweden* 1,100 1,100 Austria* 850 850 Poland 759 900 Belgium 650 750 Hungary* 633 505 Rumania* 350 400 Denmark* 350 300 Yugoslavia* 338 300 Switzerland* 310 325 Netherlands 255 253 Portugal 250 400 Norway* 220 235 Finland* 220 220 Bulgaria* 145 145 Latvia 107 80 Greece 100 100 Estonia 93 82 Turkey 80 80 Lithuania 80 77 Albania 10 Totals 29,693 30,623 * Exclusive German territory for sound equipment. Latin-America Country Theatres Theatres 1933 1932 Argentina 1,634 1,608 Brazil 1,125 1,600 MOTION PICTURE THEATERS THROUGHOUT THE WORLD ~ 1933 EUROPE e UNITED STATES LATIN AMERICA FAR EAST e CANADA AFRICA & NEAR EAST THOUSANDS OF THEATERS 10 15 20 25 19.000 is.ooo 5,270 e,zo» 4-, 639 ITALICS INDICATE SOUND INSTAL LA TIONS © EXCLUSIVE AMERICAN TERRITORY FOR SOUND EQUIPMENT BUREAU OF FOREIGN AND OOMESTlC COMMERCF. V D \Q_ 74 7 1) MOTION PICTURE THEATERS IN EUROPE - 1933 GERMAN"* ENGLAND FRANCE SPAIN ITALY • CZECHOSLOVAKIA RUSSIA SWEDEN • AUSTRIA POLAND BELGIUM • HUNGARY RUMANIA DENMARK YUGOSLAVIA SWITZERLAND NETHERLANDS PORTUGAL • NORWAY FINLAND • BULGARIA LATVIA GREECE ESTONIA TURKEY LITHUANIA ALBANIA MOTION PICTURE THEATERS IN LATIN AMERICA — 1333 ARGENTINA MAI IU '4UJC0 CUBA COLOMBIA CHILE VENEZUELA URUGUAY PORTO BiCO DERU SALVADOR OR. WEST INDIES PANAMA GUATEMALA COSTA RICA BOLIVIA ECUADOR NICARAGUA DOMINICAN RE* HONDURAS JAMAICA BERMUDAS PARAGUAY BO GUIANA BAHAMAS DUTCH W INDIES W HONDURAS « •> 1 33 tS I 28 a : 27 tt 1ZS 18 3 11 ti irtties mucm soum mstuj^nain Europe First In '33 Slump With930Less Mexico 701 Cuba 400 Colombia 385 Chile 215 Venezuela 134 Uruguay 127 Porto Rico 112 Peru 100 Salvador 47 British West Indies 42 Panama 33 Guatemala 28 Costa Rica 27 Bolivia 25 Ecuador 22 Nicaragua I 21 Dominican Republic 20 Honduras 18 Jamaica 14 Bermudas 9 Paraguay 9 Haiti 7 British Guiana 5 Bahamas 4 Dutch West Indies 4 British Honduras 2 Totals 5,270 Far East Country Theatres 1933 Japan 1,669 Australia 1,050 India 685 New Zealand 335 Philippine Islands 300 China 238 Netherlands East Indies .. 180 Siam 68 British Malaya 45 French Indo China 40 Ceylon 18 Fiji Islands 6 Society Islands 5 Totals 4,639 701 400 220 212 125 125 112 100 47 42 33 28 21 17 25 21 25 26 11 13 9 9 5 5 4 2 5,546 Theatres 1932 1,485 1,500 685 397 300 200 180 68 40 40 16 6 5 4,922 Africa, Near East Theatres Theatres Country 1933 1932 South Africa 291 350 North Africa 150 150 Egypt 89 87 Persia 30 33 Palestine 25 19 Syria 20 20 East Africa 17 9 West Africa 12 12 Iraq 7 7 Madagascar 4 4 Totals 645 691 MOTION PICTURE THEATERS IN THE FAR EAST- 1933 JAPAN AUSTRALIA INDIA NEW ZEALAND PHILI PPINE IS. CHINA NETH. INDIA SIAM BR. MALAYA FR. INDO CHINA CEYLON FIJI ISLANDS SOCIETY IS. ITALTCS tNDICAre SOUND INSTALLATIONS BUREAU OF FOMWH AND DOMESTIC COMMERCE £q fr/f^g] MOTION PICTURE THEATERS IN AFRICA & THE NEAR EAST -1933 NUMBER OF THEATERS 0 100 200 300 SOUTH AFRICA NORTH AFRICA EGYPT PERSIA PALESTINE SYRIA EAST AFRICA WEST AFRICA IRAQ MADAGASCAR 89 is m 30 s I 25 is ] ZO 20 I 17 13 Jl27 ] 7 6 |4, I 291 195 ITALICS INDICATE SOUND INSTALLATIONS BUREAU OF FOREIGN AMD DOMESTIC COMMERCE J 7-fJQJ The STUDIO NUMBER DAILY MOTION PICTURE DAILY 6 Duplications In Code Board Lists Stopped {Continued from page 1) matter how many persons submit his name for appointment. After sifting of the numerous names yesterday, the authority announced 10 new suggestions. They are: Buffalo — Nikitos Dipson. Chicago — Emma Abplanalp. Detroit — Audrey Littell. Indianapolis — Helen Keeler, Marian M: Hull. Philadelphia— Oscar Neufeld, Jack H. Greenberg. Pittsburgh — Emmaline Fineberg. Milwaukee — George Fischer, B. K. Fischer. Names of the parties suggesting the recommendations along with the posi- tions the men seeking appointment now hold are being withheld by the authority, but are indexed for use of the body making the selections. Inter mountain Plans To Accept the Code Salt Lake City, Jan. IS — Aban- doning the idea of formulating a state code, the Intermountain Theatres Ass'n. has 'decided to sign the na- tional industry code and be governed by its provisions, for the present, at any rate, according to Beverly S. Glendinnin, secretary and counsel for the organization. C. E. Huish, of the Star, Eureka, Utah, has been re-elected president, with J. J. Gillette, Strand, Tooelle, Utah, as vice-president, and John Ru- gar, Egyptian, Park City, Utah, as treasurer. The new board of directors consists of these officers and I. H. Harris, Evanston, Wyo. ; Stanley Rich, Mont- pelier, Idaho ; Albert Stetson, RKO Theatre, this city, and A. F. Johnson, St. Anthony, Idaho. Kuykendall to Hold Conference at N. O. New Orleans, Jan. 15. — Organiza- tion of a strong code body to represent exhibitors is seen here as a result of a meeting called by Ed Kuykendall, president of the M.P.T.O.A., at the Jung Hotel for Jan. 21. Kuykendall will attend with several out-of-town exhibitors, both circuit men and inde- pendents. Vaudeville Men to Talk to Rosenblatt Washington, Jan. 15. — Representa- tives of vaudeville producers are ex- pected to come to Washington to lay before Division Administrator Sol A. Rosenblatt complaints regarding code provisions relative to layoff salaries and chorus payments which are de- clared to have held up the sending out of a large number of units. Orders Operators Back Return of 55 Local 306 operators, discharged by 11 theatres when Allied M. P. operators were installed, has been ordered by James H. Hodgson, regional NRA compliance board chair- man. One Secretary for Each Board, Plan (Continued from page 1) pected to be set up about the middle of February, a number of grievances already have been received by author- ity headquarters in New York. They are being held until the boards start functioning and then will be sent to centers in which the complaints orig- inated. Numerous Film Board secretaries have been suggested for appointments to the 32 boards. These names are valid and are incorporated with other recommendations from which the Code Authority will choose secretaries. All suggestions for secretarial posts are to be given equal consideration. Code Assents Total Over 6,000 to Date (Continued from page 1) are a number of qualifications, but they are listed separately and not on the assent form. These are being filed and will be submitted to the various clearance and zoning and grievance boards to act upon after they are set Appointments by the committee of six are expected to be made early next month so that the 64 boards may start functioning about Feb. 15. The rules and regulations for these boards will probably be completed by Jan. 23, when the authority meets again. Reg- ular meetings for the boards are ex- pected to be set. Rosenblatt Adds to Studio Extra Group Division Administrator Sol A. Rosenblatt has increased the standing committee for studio extras from 13 to 15 with the addition of P. M. Friedman, casting director of Fox, and J. Bockley Russell. Others on the committee include Dr. A. H. Giannini, Mabel E. Kinney, Mrs. Una N. Hopkins, Fred Pelton, Dave Werner, M. H. Hoffman B. B. Ka- hane, Pat Casey, Charles Miller, Larry Steers, Lee Phelps, Allan Gar- cia and Fred D. Burns. Rosenblatt's Coast Visit to Be Short Division Administrator Sol A. Rosenblatt's Coast visit will be short and snappy. He leaves Friday and intends to make his trip as brief as possible. He will call a general meet- ing of all studio personnel and ex- plain the code. Rosenblatt will be in Hollywood for two weeks or less and it won't be a sightseeing trip. He's going to keep away from the studios as much as possible. His headquarters will be his hotel room. Rosenblatt Not to Have an Alternate No alternate will be appointed for Division Administrator Sol A. Rosen- blatt at the next Code Authority ses- sion to be held next Tuesday at the Bar Assn. Bldg. at 2 P. Mi Rosen- blatt leaves for the coast on Friday. This will be the first authority meet- ing without Rosenblatt, but a record of the minutes will be forwarded to Washington. Nose Fits Role Hollywood, Jan. 15.— Walter Hartwig, New York stage pro- ducer and director, has been signed for a role in Fox's "Bottoms Up." The producer was cast for the part mainly because his nose was par- ticularly suited for the screen characterization. Milwaukee Debating Resuming Giveaways Milwaukee, Jan. 15. — Rumors are rampant that giveaways by local theatres will flourish again as a result of the refusal of Circuit Judge Walter Schinz to grant Manning Silverman, local independent, a temporary injunc- tion restraining the auto show, which opened Jan. 13 in the Auditorium, from raffling automobiles. Silverman, operator of the Fern and Murray, neighborhood houses, and the Cameo in Kenosha, was himself recently accused of violating the lot- tery laws by presenting free baskets of groceries to lucky seat holders. He was acquitted. At the same time, Charles Washi- check, operator of the Pearl, another neighborhood house, was fined $25 by Judge A. J. Hedding on the same charges. He appealed, and a muni- cipal court jury in a sealed verdict acquitted him. Despite the acquittal, the district attorney's office announced that it would continue to prosecute all such cases in the future. In the automobile show case Judge Schinz ruled that an amended com- plaint might be served. The hearing if any, is scheduled for Jan. 18. Meanwhile the show closes Jan. 20. Assistant City Arty. William Quick argued "no cause of action" in the case, and charged that Silverman had no right to bring suit because he is not personally damaged. Seeks State NRA Aid Passage of a state law to supple- ment the NRA is being urged upon Governor Lehman by Henry F. Wolff, New York City NRA admin- istrator. Wolff contends there are many non- signers on various industries who are furnishing unfair competition for signers. He also wants the Shackno law amended so that it will not be necessary to file certified copies of the President's re-employment agree- ment with the Secretary of State be- fore a prosecution can be started. Deny NRA Violation Springer & Cocalis yesterday de- nied that employes of the circuit were being worked more than the NRA 40-hour weekly maximum, as charged in a complaint sent to the Regional Labor Board here last week by Lo- cal 118, B. S. E. I. U. Cincy Election Delayed Cincinnati, Jan. 15. — Annual elec- tion of the Film Board of Trade, which normally is held about this time, has been postponed pending or- ganization of the zone and clearance and grievance boards, and settlement of other code matters. Tuesday, January 16, 1 924 German Dual i Ban May Hit j U. S. Imports (Continued from page 1) revenue, as they will not have to fx shown on dual bills. One hopeful angle to the new regu lations, Canty points out, is the fac that the Film Chamber intends to pu the screws on "bad pay" exhibitors The 15-cent minimum admission i '; being enforced for everyone excep uniformed army and navy men aw members of the Nazi uniforms forces. Star billing has been ended, in spit of contracts. Hereafter stars' name must appear below the titles wit! other members of the cast also gettirif billing. Exhibitor contracts affecte>: by the dual billing ban are voided. Agitation over music royalties ha reached the point, according to Can ty's reports, where the Federal Cine ma Assn. is urging that when pro ducers buy music it include all publi exhibition rights, so that there will b no further charges to exhibitors. It i claimed this will be just to producer i and composers and "thus will th danger for further misery be remove ! from the path of cinema owners, aru therefore, indirectly for the film ir dustry in its entirety. Only a vifel German film trade can guarantee th composer a proper safeguard for hi claims." Huffman Tips Scale At Denver Orpheun Denver, Jan. 15. — The first boc in admission prices here in thn months has been made by Harry Huf i man at the Orpheum. The night tc.; goes from 40 cents to 50 cents for tl main floor and loges. Balcony r. mains at 40 cents. Matinee scales a unchanged at 25 and 35 cents. The Orpheum scales were boostc from 25, 30 and 40 cents to 35, 40 ai 50 cents, including tax. on Sept. 14, I the time F. & M. shows were add j Shortly afterwards the 25-cent ms-1 inee price was restored and soon t ■ top price was 40 cents again. Al Lyons has been moved in frcjl St. Louis and is now master of cer I monies and directs the band. Prudential-Century Deal Meets Denii (Continued from page 1) tial and Century circuits on Lo Island. Joseph Seider, president of Pi dential, vehemently denied the rum stating there was no foundation i the story and there has never been conference between the parties such a plan. Charles Moses, general manager the Century Circuit, declared th' was nothing to the reports. Gets Wider Distributio Under territorial rights contra closed by Charles J. Giegerich, sa manager for Celebrity Productic more than 80 per cent distribution America has been assured for Powers "ComiColor Cartoon" seri Tuesday, January 16, 1934 MOTION PICTURE DAI LY ''Dinner" Is Twin Cities' Top, $16,000 ; Minneapolis, Jan. 15. — "Dinner at Eight" led grosses last week with 9.000 at the Minnesota in Minneap- olis and $7,000 at the Paramount in tt Paul. The World did a corking lusiness with "The Red Head," held Iver for a second week, making the 'iost of the French feature by adding Three Little Pigs" also in French. 1 Minneapolis total was $25,200. Av- erage is $21,600. St. Paul's grosses lotaled $18,350. Average is $15,500. Estimated takings : • Minneapolis : Week Ending Jan. 11 "BLOOD MONEY" (U. A.) LVRIC— (1,238), 20c-25c, 7 days. Gross: 1 1,200. (Average, $1,500) "DINNER AT EIGHT" (M-G-M) MINNESOTA— (4,000), 25c-40c, 7 days. Iross: $9,000. (Average, $7,500) Week Ending Jan. 12: "FLYING DOWN TO RIO" (Radio) RKO ORPHEUM— (2,900), 20c-40c, 7 ,avs. Gross: $5,500. (Average, $5,500) "I AM SUZANNE" (Fox) STATE— (2.300), 25c-40c, 7 days. Gross: '.6,000. (Average, $5,500.) "THE RED HEAD" (French) WORLD — (400), 25c-75c, 7 days, 2nd yeek. Gross: $3,500. (Average, $1,500) St. Paul: Week Ending Jan. 12: "DINNER AT EIGHT" (M-G-M) PARAMOUNT— (2,300), 25c-40c, 7 days, iross: $7,000. (Average, $5,500) "KENNEL MURDER CASE" (Warners) RIVIERA— (1,200), 25c-40c, 3 days. Gross: .1.200. (Average for week, $3,500) "WOMEN IN HIS LIFE" (M-G-M) RIVIERA— (1,200), 25c-40c, 4 days. Gross: ;3,000. (Average for week, $3,500) "FLYING DOWN TO RIO" (Radio) RKO ORPHEUM— (2,600), 20c-40c, 3 days, iross: $2,000. (Average for week, $4,000) "SON OF KONG" (Radio) RKO ORPHEUM— (2,600), 20c-40c, 4 avs. Gross: $2,500. (Average for week, (4,000) "MYRT AND MARGE" (Univ.) TOWER— (1,000), 15c-25c, 3 days. Gross: (90). (Average, $800) "GIRL WITHOUT A ROOM" (Para.) TOWER— (1,000). 15c-25c, 4 davs. Gross: 750. (Average, $700) "M" (Para.) WORLD — (300), 25c-75c, 7 days. Gross: 1,000. (Average, $1,000) Pine to Succeed Flinn Hollywood, Jan. 15. — William Pine s returning to New York to take the *ost in the Paramount exploitation department held by John Flinn before ie became Code Authority secretary, i'Ut will continue at the same time to iupervise the west coast advertising lepartment, which will be left in I barge of his assistant, William ~homas. Pine will alternate between •oth offices. Mack Laid to Rest . Hollywood, Jan. 15. — Charles Mack ,'f the comedy team of Moran and )vlack,_ who died in an automobile , rash in Arizona last week, was bur- ed today at Forest Lawn Cemetery ,ollowing funeral services at his Black Crow ranch, Newhall. William S. Tart delivered the funeral oration. •lany film notables were in the funeral >rocession. Leases in Film Center State Film Service Corp. has leased •pace for executive offices in the Film renter Building. The lease was nego- iated by Erwin S. Wolfson, agent for he building. Kentucky Bill Has Heavy Ticket Tax (.Continued from page 1) a shock to exhibitors. They are or- ganizing their opposition and expect help from all forms of organized sports, including racetracks, as these are included under the head of amuse- ments. Imposts are so heavy on many lines of business that it may result in a concentrated movement for a general sales tax which has been de- feated several times. It includes a new three per cent tax on personal and gross income, taxes on soft drinks, toilet preparations, jewelry, radios, candy, chewing gum, playing cards and a variety of other things. Cooper Sets Plans For 17 More at RKO (.Continued from page 1) Crime Doctor," "Dance of Desire," "Strictly Dynamite," "Alien Corn," "Of Human Bondage," "Stingaree," "Fugitive from Glory," "Sea Girl," "Green Mansions," "The Devil's Dis- ciple," "Murder on the Blackboard," "Frat Heads" and "Joan of Arc." Hance Commerce Head New Orleans, Jan. 15. — Monte Hance, manager of the Saenger, at Biloxi, has been elected president of the Association of Commerce. Another Ad Tieup New Orleans, Jan. 15. — A full-page ad tieup here in the New Orleans States on "Din- ner at Eight" had Billie Burke in a flower ad, Ed- mund Lowe in Lowe Bros, pants ad, Jean Harlow in a hairdressing firm, Lionel Barrymore in perfumes, and Lee Tracy in Hiram Walker straight whiskey. Quebec Decides Not To Levy New Taxes Montreal, Jan. 15. — Quebec is the latest province to indicate no new or additional taxation for theatres or the industry in general will be imposed this year. The provincial parliament opened today. Quebec closed the year with a defi- cit, but a decision that taxes are high enough all around has been reached. Previously the Dominion government and Ontario had decided against new taxes. Nat Levine Mapping New Season Lineup Nat Levine is mapping out his new lineup for next season during his visit here from the coast. He leaves for Chicago today and will return Thurs- day. Then, after another week in New York, he will go back to Holly- wood. MOTION PICTURE DAILY* HOLLYWOOD PREVIEW "Devil Tiger" (Fox) Holly wood, Jan. 15. — This travel film is a pip for thrilling" animal combats in Malay jungles. There are so many exploitation angles that it's a cinch to corral the customers with just a little splash. Here are most of the highlights that can be blown up into display type : The fight between the leopard and python, a crocodile and tiger gnashing at each other in a stream, a panther chasing a baby elephant which is later captured by the expedition, the fracas between a giant lizard and another jungle specie, a monkey trying to fight off three giant crabs at the same time, a match between the leopard and a tiger, the combat between a panther and a crocodile, fording a stream in- fested with vicious alligators which almost causes the loss of one native, the battle between the hyena and a black bear, the fight for life when Kane Richmond becomes entangled by a python, a scrappy session between a tiger and a lion, the elephant stampede, the set-to between a water buffalo and a 40-foot python and, finally the killing of the man-eating tiger. All the fights result in draws, except for the vulner- able python which is killed in the battle with Richmond. That isn't all. Ah Lee, the mascot of the safari led by Harry Woods, is a treat. He's a youngster, and a brave one in face of the many dan- gers. There's a story surrounding the hunt for Devil Tiger. Richmond, with only time on his hands and looking for a job, joins Woods in the hunt for the man-eating terror. Later Marion Burns, whose father has been a victim of the tiger, goes with them. Richmond proves him- self a hero in face of danger while Woods proves a coward. Woods makes a play for Miss Burns, but she prefers Richmond. When Woods is trampled to death in the elephant stampede that leaves the way open for the two lovers to romance without interference. They make their way out of the jungle safely, reaching a native village, their destination. Clyde Elliott made this film in the heart of tropical Asia. It's a swell travel film and one of the best of its kind. "Myrt and Marge," la;J Gross: $3,500. (Average, $5,000; "AFTER TONIGHT" (Radio) CAPITOL— (1,200), 10c-20c-26c-36c-41c, days. Gross: $2,000. (Average, $2,500.) "FRONTIER MARSHAL" (Fox) LIBERTY— (1,500), 10c-15c-26c-36c, 4 day; Gross: $1,200. (Average week, $2,000) "BOMBAY MAIL" (Univ.) LIB ERTV— (1,500), 10c-15c-26c-36c. 7 days Gross: $900. (Average week, $2,000) Schenck Returning London, Jan. 15. — Joseph It Schenck unexpectedly returns to Ne\- York this week. London insiders hea the call was urgent The United Artists president wa slated to sail for New York on Jar 20, as per schedule. If his retur was marked "urgent," the reason i not known here, Al Lichtman state yesterday. The Striking Advantages of NATIONAL COPPER COATED HIGH INTENSITY A.C. PROJECTOR CARBONS for the Neighborhood Theatre are Greatly Increased Illumination Snow White Light The npw lamps designed specifically for these carbons, available now, include: 12-in. carbons in both holders Dependable arc control Correct feed ratio Properly designed transformer New optical system giving ONE-THIRD MORE LIGHT High Intensity quality and brilliancy in the neighborhood NATION/ theatre at negligible added cost. PROJECTOR C A R B O N S Sold exclusively through Distributors and Dealers NATIONAL CARBON COMPANY, INC. Carbon Sales Division, Cleveland, Ohio Unit of Union Carbide and Carbon Corporation Branch Sales Offices: New York Pittsburgh Chicago San Francisco The Leading Daily Newspaper Motion Picture Industry MOTION PICTURE DAILY Alert, Intelligent writ* the Industry in All Branches l)L. 35. NO. 14 NEW YORK, WEDNESDAY, JANUARY 17, 1934 TEN CENTS lew Missouri Tax Hits All Film Service dvertising as Well as Tickets Included iCansas City, Jan. 16 — Although ailers in general and most other lustries will pass the newly-enacted issouri "privilege" tax on to the con- fer, theatres will absorb the assess- ing as no way can be found to add one-half of 1 per cent tax to ad- ;sion prices. While the rate of taxa- i seems small in itself, when stacked against the yearly grosses of thea- s in the state, it will amount to a all fortune. n addition to being hit directly, •ustry income in the state will be Teciated by the new legislation in jny other ways. All merchandise d at retail, utility services and prac- illy everything else is subject to the b The exhibitors' advertising bill 1 be increased heavily, as the law cifically includes newspaper adver- ng and services, billboards and all er forms of outdoor advertising. \dmissions to all amusements and letic events are now taxed, as well electric current and gas service, •erraoh and telephone services, sales tickets on all transportation and ck lines, and laundry and cleaning (Continued on pane 6) irginia Governor For 5% Ticket Tax Richmond, Jan. 16 — George C. pry, who becomes governor tomor- v, will recommend a five per cent cet tax, but no increase in the seat- tax, it became known today, humors of the impending recom- ndations have been current for ne time and members of the newly anized M.P.T.O. unit have been (Continued on page 6) cattle Row Ended; Wage Shows Return Seattle, Jan. 16. — Difficulties be- en the musicians' union and Ever- en State Theatres, Inc., that have ■t music out of first run houses in ■ city for more than a year have n settled, according to Frank L. wman. general manager, ^.s a result, the Paramount next week 1 resume stage presentations, featur- a 15-piece orchestra directed by es Buffano, former master of cere- nies for F. & M. Court to Rule Soon on Erpi Vs. Vitaphone Case Long Contested in Delaware Courts Wilmington, Jan. If) — A decree in the case of Erpi against the Vitaphone Corp. will be handed down on Feb. 6 by the Supreme Court of Delaware, it was announced here today, as the court opened its special January ses- sion at Dover. The case is said to involve claims of at least $50,000,000 damages. The argument was heard Oct. 25, last, at which time a decision was reserved. Erpi counsel sent the case to the Supreme Court in an effort to upset the decree handed down by Chancery Court here last August. The decree would have required Erpi to file an answer to the suit filed against it by Vitaphone. Erpi argued that the Chancery Court had erred in not holding that (Continued on pane 6) Scales in St. Louis Await F. & M. Deal St. Louis, Jan. 16 — -Independent theatre owners are anxiously awaiting the outcome of negotiations of F. & M. for control of the Fox and its effect on the price war in the first run field. The neighborhood houses have been hard hit by the dual bill policv of the St. Louis and Fox theatres with stage shows at 20 and 25 cents matinees. With that sort of competition, it is difficult for the smaller theatres to maintain their scales of 10 cents for children and 25 cents. The fact that the Fox has eliminated its stage show may help some, but the big obstacle is that the scales of the first run houses afternoons is onlv 25 cents. Some of the independents (Continued on pane 2) Means Aaain Heads K. C. Independents Kansas City, Jan. 16. — Tav Means has been reelected a third time as nresident of the Independent Theatre Owners of Greater Kansas Citv. Other officers, also reelected, are : Vice-nresident. Charles Vaugrian. Kan- sas Citv. Kan. : treasurer, Charles Potter, and secretarv. Mrs. A. Baier. A discussion on the industrv code revealed that most of the members in- tend to sisrn and send in assent forms while among others there is an air of indecision. Roxy Has No Plans Denying reports he would sign up with Columbia Broadcasting System, S. L. (Roxy) Rothafel yesterday stated he has not yet made any plans. He leaves for a vacation this week and upon his return will then negotiate offers. NRA Questionnaire Stirs Coast Furore Hollywood, Jan. 16. — General op- position is being voiced by company executives to answering the searching NRA questionnaire on salaries. The stand is taken that the questionnaire is not mandatory under the law, but is merely a request for cooperation. "If we feel like filling it out, we will ; if we don't, we won't," is the attitude taken by some. Washington, Jan. 16. — Return of the first completed salary question- naire was announced today by Divi- sion Administrator Sol A. Rosenblatt. It was submitted by an exhibitor cir- cuit. Failure to fill out and return ques- tionnaires would constitute a violation of the code and would probably be turned over to the Code Authority for action, it was explained. It is not an- ticipated, however, there will be any refusals to furnish the information de- manded. Few Outsiders Join Writers9 Code Move Hollywood. Jan. 16. — Only a hand- ful of outsiders participated in the Writers' Guild formal selection of rep- resentatives for code committees. The selections were : Code Author- ity, John Howard Lawson; agents' committee, Ernest Pascal, Wells Root ; writer-producer committee, Oliver H. P. Garrett, Rupert Hughes, Ralph Block, John F. Natteford, Seton I. (Continued on page 6) Closer East-West Contact, Hays Aim Further cementing of relations be- tween east and west coast executives will engage attention of Will H. Hays on his 12th winter trip to Hollywood. He started for the coast yesterday afternoon. The executive committee of the M.P.P.D.A. met yesterdav and, among- other business, formally welcomed Walt Disney Prod, to membership. Dark Houses Drop 1,260 During Year Total Is Down to 4,635 As Optimism Grows Closed theatres decreased by 1,260 during 1933, leaving the total of dark houses only 4,635 at the beginning of the year, according to reports from Film Boards of Trade in the 31 key cities of the United States. This is taken to indicate returning optimism among exhibitors in all sections. The closed houses number 1,979 sound and 2,656 silent at present. During the year 940 houses passed out of existence, reducing the total to 18,371. The seating capacity has dropped from 11,161,193 to 11,028,950. Affiliated circuits lost 312 houses and unaffiliated dropped 343, but the losses for the former were apparently large theatres as the reduction in seat- ing capacity was 351,001, while for the unaffiliateds it was only 68,343. The total of affiliated circuit houses is now 1,954 with a seating capacity of 2,- 586,643, and the total of unaffiliated is 2,846 with a seating capacity of 2,- 493,383. Losses of big theatres by circuits were apparently taken up by indepen- dents. The tabulation shows there are (Continued on page 6) NRA Deputy Hears Local 306 Charges Code violation charges preferred by Local 306 against the I.T.O.A. were heard yesterday before Assistant De- puty Administrator Farnsworth at the Customs House. Farnsworth was dele- gated by Division Administrator Sol A. Rosenblatt to hear the case. Rendering no decision, Farnsworth turned the matter over to Mrs. Elean- or Herrick of the Labor Compliance (Continued on page 6) Exhibitors Praise Authority's Moves Letters of commendation for the setup of the Code Authority have been received by the authority from exhibi- tors from all over the country. Many such messages are accompanying code assents and recommendations for the 32 clearance and zoning and grievance boards. There is an eager desire expressed by exhibitors to get the various boards (Continued on page 6) MOTION PICTURE DAILY MOTION PICTURE DAILY (Registered U. S. Patent Office) Vol. 35 January 17, 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. Clifford, manager; London Bureau: 1021 A Finchley Road, Golders Green, Bernard Charman, Representative; Berlin TJureau: Berlin-Tem- pelhof, Kaiserin-Augustastrasse 28, Joachim K. Rutenberg, Representative; Paris Bu- reau: 19, Rue de la Cour-des-Noues, Pierre Autre, Representative; Rome Bureau: Viale Gorizia, Vittorio Malpassuti, Representative: Sydney Bureau: 102 Sussex Street, Cliff Holt, Representative; Mexico City Bureau: Apartado 269, James Lockhart, Representa- tive; Glasgow Bureau: 86 Dundrennan Road, G. Holmes, Representative; Budapest Bureau: 11 Olaaz Fasor 17, Endre Hevesi, Representative. 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. Kansas City Union Elects Kansas City, Jan. 16. — Theat- rical Stage Employes' Local 31, I. A. T. S. E., Kansas City, has elected these officers for the ensuing year : President, J. R. Sanderson ; vice-pres- ident, C. Donovan ; recording secre- tary, V. Hudson; financial secretary, J. Caldwell; treasurer, Julius Ehr- Hch ; sergeant-at-arms, C. J. Klausen ; guide, Charles E. Newby ; reading clerk, L. P. Hyre ; executive board, Sanderson, Donovan, Edward Purcell, H. H. Milli gan and Walter Brown. Felix Snow, business representative, was again named and will serve to April, 1935. Harry Gold in N. O. New Orleans, Jan. 16. — Harry Gold of United Artists arrived here today. He is expected to handle United Artists' sales policies on sub- sequent runs. This exchange has not been selling in certain situations, evi- dently awaiting Gold's arrival. Loew Pfd. Soars 5% Points Net High Low Close Change Sales Columbia Pictures, vtc 25 25 25 — % 200 Consolidated Film Industries 3% 3% 3% — 1,000 Consolidated Film Industries, pfd 1354 12% 12% — % 2,500 Eastman Kodak 84% 83% 84% +2% 2,400 Eastman Kodak, pfd 122 120 120 —3% 4,000 Fox Film "A" 14% 14 14 1,600 Loew's, Inc 28% 27% 27% — % 17,300 Loew's. Inc., pfd 79% 79% 79% +5% 100 M-G-M, pfd 22 22 22 -f % 100 Paramount, cts 2% 2% 2% 10,900 Pathe Exchange 2 1% 2 + % 2,100 Pathe Exchange "A" 12% 12 12 — % 200 RKO 2% 2% 2% 2,100 Warner Bros 6% 5% 6 + % 8,500 Technicolor Lone Curb Issue High Low Close Technicolor 8% 8% 8% Most Bonds Show Gain High Low Close General Theatre Equipment 6s '40 5% 5 5% General Theatre Equipment 6s '40, ctf 5% 5% 5% Keith B. F. 6s '46 54% 54% 54% Loew's 6s '41. ww deb rights 90 88J4 90 Paramount Broadway 5%s '51 37% 37% 37% + H Paramount F. L. 6s '47 39 37% 39 +1 Paramount Publix 5%s '50 39 38 38% + % Pathe 7s '37, ww.. 88% 88 88% + % Warner Bros. 6s '39. wd 45% 44% 45 + ft Net Change + % Net Change + % 4- % Sales 200 Sales 12 9 2 12 4 25 58 4 115 Delay Miller Hearing Chicago, Jan. 16. — Hearing on con- tempt charges against Jack Miller growing out of his alleged refusal to give clear information to the Grand Jury about alleged payments to Tom Maloy, head of the operators' union, has been continued until Saturday. Maloy's income tax reports are un- der investigation by the Federal .gov- ernment. Metzgers Leave Hospital Kansas City, Jan. 16. — Lou B. Metzger, San Diego theatre operator, and Mrs. Metzger have resumed their return trip to the coast after five days in the Menorah Hospital here recov- ering from the flu. They became ill on the train following their departure from New York and were rushed to the hospital on their arrival in Kansas City. Burr Hearing Set Jan. 23 Los Angeles. Jan. 1(5 — A bankrupt- cy hearing will be held here on Jan. 23 in the offices of Referee R. B. Turnbull to hear the trustee's first and final report, accounting and petition to c'ose the. estate of Charles C. Burr, producer. Obtains Foreign Rights J. H. Hoffberg Co., Inc., has ac- quired the foreign rights to two west- erns featuring Lane Chandler, "Bat- tling Buckaroo" and "The Texas Tor- nado," from Willis Kent. The firm has also obtained distribution rights to "The Mystic Hour." TWO LITTLE WORDS THAT MEAN A GOLD MINE FROM WARNER BROS. 4 Purely Personal s mediately TAN SHUFORD returned to his Warner post yesterday and im- found himself knee-deep in engravers, typesetters and printers. Florida sun has tanned him a brown berry hue. Feels grand, too. Morton Goldstein, formerly con- nected with Warners, has been ap- pointed second assistant manager at Loew's New York. Jules Levy hits back into town in a couple of days. Scales in St. Louis Await F. & M. Deal (Continued from page 1) have been talking seriously of cutting to 10 cents for adults. However, they have agreed to hold another few weeks to see what happens on Grand Boule- vard. Loew Meeting Set Back Stockholders of Loew's, Inc.. have postponed their meeting for a month because of their inability to obtain a quorum at this time. It was stated that a committee representing the noteholders of Film Securities Corp.. who are the owners of 660,900 shares of Loew's stock, feels they should have the opportunity to vote and, as they have not had time to transfer the stock to their names at least 20 days prior to the meeting, the additional time has been granted. Theatre Architect Dies Pasadena, Jan. 16 — Leon H. Lem- pert, theatre architect, died here yes- terday at his home at the age of 66. after a long illness. Pickford at Hub Met Boston, Jan. 16 — Mary Pickford is scheduled to make a personal appear- ance here at the Boston Metropolitan, beginning Jan. 19. So rich in every human emotion that MOST P ■ I AR STAR r patrons vays like FOX VIETONE MEWS Drama . . „ romance . . . humanness . . . humor . . . abound in this completely appealing picture. A wisp of a girl bursts like a ray of sunshine into a sleepy Carolina plantation . . . tumbles cobwebby tradition . . . awakens a new joyous spirit . . . stirs up excitement. Into-the- heart entertainment . . . bigger than "State Fair"! Janet GAYNOR Lionel BARRYMORE in CAROLINA ROBERT YOUNG • HENRIETTA CROSMAN RICHARD CROMWELL • MONA BARRIE STEPIN FETCHIT Directed by HENRY KING. From "The House of Connelly" by Paul Green CARL LAEMMLE Presents A B. F. Zeidman Production — with JOHN BOLES GLORIA STUART Morgan Farley, Ruth Hall, Albert Conti, Dorothy Peter- son, Edmund Breese, Richard Carle, Lucille Gleason, Mae Busch, Jimmy Butler. Story by Paul Gangelin. Directed by VICTOR SCHERTZINGER. AN ACE ATTRACTION Says Daily Variety, continuing: " 'Beloved' is a running mate for 'Only Yesterday.' Story, direction, casting and individual performances all bespeak a thoughtfulness in production that most pictures lack... NOTHING IS MISSED TO MAKE IT ACE ENTERTAINMENT, particu- larly for the women." Says Hollywood Reporter: "Aimed directly at the feminine half of the audience and played throughout in the key of old-fashioned romance— the kind that lasts a lifetime..." Says Motion Picture Herald: "It is completely off the beaten track of the current musical trend... High class entertainment . . . There is exciting color all the way through." i MOTION PICTURE DAILY Wednesday, January 17, 1934 Dark Houses Drop 1,260 During Year {Continued from page 1) now 13,571 independent houses, a drop of 225, but the seating capacity has in- creased 363,095 to a total of 5,948,925. Sound houses increased by 431 to a total of 15,652 and silent dropped 1,361 to a total of 2,719. The number of closed houses decreased in both the sound and silent classifications. The decrease for the sound houses was 191, leaving the total of 1,979. Philadelphia Seats Up; Theatres Down Philadelphia, Jan. 16. — Although there is a decrease of 14 theatres from last year's survey, an increase of 275 seats is noted in the annual compila- tion of the Film Board of Trade. In this territory there are 768 houses, of which 193 are in this city alone. Total seating capacity for this area is 663,169. There are 52 theatres closed, 181 affiliated theatres, 90 unaffiliated and 497 independent houses. Asks That Boston's Teachers Pick Films Boston, Jan. 16. — In recommenda- tions submitted to the Boston School Committee for consideration as major questions this year, Chairman Maurice J. Tobin asks for the appointment of a council of teachers who shall pass upon all films and submit an approved list monthly to the parents of all pub- lic school children. This recommen- dation was one of six and these are to be taken up later by the committee. Brown, Geyer Resign From Empire Films Toronto, Jan. 16. — Emanuel Brown has resigned as general manager of Empire Films, Ltd. He has been suc- ceeded by Arthur W. Perry, former- ly Ontario branch manager. Ernie Geyer, director of publicity, also has resigned. Brown lived in Hollywood before coming here. Fire Damages Ohio House Wilmington, O., Jan. 16 — Fire, be- lieved to have started from a cigarette tossed on the stage of the Murphy, caused damage estimated at $25,000. The house, largest in this section, built in 1918 at a cost of $350,000, was given the city by the late Charles Webb Murphy, former owner of the Chicago Cubs. It is under lease to Phil Chakeres. Approximately 700 patrons left the theatre without disorder when the fire started. More on Soviet Film "Shanghai Document" will be shown at the New School for Social Research on Jan. 27 as the fourth in the series of film showings on "The History of the Soviet Film" being sponsored by the Film and Photo League. Court to Rule Soon on Erpi Vs. Vitaphone {Continued from page 1) Vitaphone is barred from any prose- cuting action under three agreements entered into between the two, and that Vitaphone is compelled to submit all disputes to arbitration in New York, under the state arbitration law. Vita- phone charges Erpi violated its agree- ments by charging producers licensed by Erpi to use talking picture appara- tus at $500 a reel royalty, instead of eight per cent of the gross profits de- rived from the use of the licenses. A decision has been handed down by the U. S. Circuit Court of Appeals here sustaining U. S. District Judge Inch's ruling that Western Electric had not infringed on the patents of the Aleograph Co. Erpi says this case is similar to ones already decided at Dallas and New Orleans. Labor Board Defers Hearing on N. O, Row Washington, Jan. 16. — Indefinite postponement of the hearing on the New Orleans labor dispute, scheduled to come before the National Labor Board today, has been ordered by the board on a showing by both sides of an expectation of an agreement with- out formal action. A considerable number of compli- ance matters and unfair trade practice complaints have already been ironed out, it was stated by Division Admin- istrator Sol A. Rosenblatt, who cited adjustment of 43 trade practice cases involving exhibitors and 33 labor dis- putes, with three arbitrations now in progress. Every extra compliance case has been settled, he said. A dispute involving an Ed Dubin- sky theatre has been turned over to the St. Louis regional labor board for consideration. Delaware-Maryland Men to Sign Again Wilmington, Jan. 16 — The Inde- pendent M.P.T.O. of Delaware and the Eastern Shore of Maryland will meet at Harrington, Del., Thursday, to again sign the code. At the last monthly meeting in Harrington in December, the independents unani- mously approved and signed the code collectively. NRA officials in Wash- ington have requested them to sign individually. President A. Joseph De- Fiore will preside. The organization comprises the membership of more than 30 houses throughout Delaware and the eastern section of Maryland. Seek Rosenblatt Talks Washington, Jan. 16. — Division Administrator Sol A. Rosenblatt has received a number of invitations to speak while in California, but is mak- ing no engagements until he gets there. His only present engagement in the east is to address the National Board of Review at the Hotel Penn- sylvania, New York, Feb. 9. Exhibitors Praise Authority's Moves (.Continued from page 1) operating as soon as possible and the authority is anxious to do this. It is anticipated that all appointments will be made before the middle of next month and operations will follow shortly after. Units of the M.P.T.O.A., Allied and members of the Federation of the M. P. Industry already have sent in sug- gestions for appointments to the 32 boards. Each key city is represented in the lists on file and it is felt little difficulty will be experienced, if any, in naming the best men in all terri- tories, 'ihose selected will be chosen only from the lists submitted. Yesterday's list of suggestions found a total of 41 names, an increase of 31 over the previous day. The new group covers 12 exchange centers. The recommendations as listed by the Code Authority follow : Albany — Jane Halloran. Atlanta — Lionel H. Keone, Tony Sude- kem, John Evans, Sherwood L. Astin, Mrs. Alonzo Richardson. Chicago — AJex Manta, J. Goldberg, James Fushanes, V. U. Young. Indianapolis — I. M. Halpern, Alex Manta, Ross Garver, George Heliotes, Arthur How- ard, Sam W. Iveall, Frank Carey, Roy Har- rold, H. P. Vonderschmitt, Maurice Rubin, Robert Scherer, Oscar Fine, Arthur Ben- nett, Walter Easley, Ernest Miller. Kansas City — Robert V. Marchbank. Memphis — L. F. Haven, Cecil Cupp, Jack Arnold. Minneapolis — Mabel M. Dietz. New Orleans — Mrs. J. B. Heinie. Omaha — Henry Monsky, Dean Martin. San Francisco — Rowena Foley. Seattle— Roberta B. Lynch. Washington — Samuel Wheeler, Samuel Flax, L. C. Garman, Walter Pacy, Samuel Soltz, Thomas Goldberg. NRA Deputy Hears Local 306 Charges (Continued from page 1) Board, and James H. Hodgson, re- gional NRA compliance chairman, for interpretation. Attending the meeting were Harry Sherman, president, and Samuel Birnbaum, attorney for Local 306 ; Harry Brandt, president and Milton C. Weisman, counsel, for the I.T.O.A. Murray Harstn, attorney for Allied M. P. Operators' Union, denied Hodg- son had ruled the return of 55 opera- tors discharged by 11 theatres when Allied men were installed. He said : "To my knowledge no such ruling had been made ordering the return of 55 Local 306 operators to the booths where they were formerly employed and where Allied M. P. Operators are now employed; that at the meeting today before Mr. Hodgson the article was called to his attention and a specific denial on the part of Mr. Hodg- son as to such a ruling at this time was given." Few Outsiders Join Writers' Code Move (Continued from page 1) Miller, Gladys Lehman, Samuel K. Ornitz, John Emerson, James Gleason. Division Administrator Sol A. Ro- senblatt will select five from this group. "U" Plans "Black Caf' Universal is planning an early pro- duction of Edgar Allan Poe's "The Black Cat." Edgar Ullmer has been assigned as director and Boris Rar- loff will probably be starred. New Missouri Tax Hits All Film Service (Continued from page I) services, to mention a few for which the industry will have to pay higher prices as a result of the tax. Returns must be made monthly on the gross receipts, the last return un- der the act being on or before Jan. 15, 1936, for the month of Dec. ly35. The law, an emergency measure, be- comes inoperative at that time. The state auditor is empowered to examine records and books. Delinquent sales taxes bear interest at the rate of one- half of one per cent per month until paid. Estimates on the amount the tax will raise range from about $5,000,000 to $7,000,000. Revenue will be used to replenish the state treasury and will be devoted to the school fund and unemployment relief. St. Louis, Jan. 16 — Fred Wehren- berg, president of the M.P.T.O. of St. Louis, Eastern Missouri and Southern Illinois, is satisfied with the new one-half of one per cent sales tax, because the film business was not singled out for special taxation. One of the tax bills defeated pro- vided for a tax of one and one-half cents on tickets up to 25 cents, and graduating from that point up to 20 cents for a $2 ticket. Virginia Governor For 5% Ticket Tax (Continued from page 1) conducting a campaign among legis- lators against the proposal. The li- cense tax already produces a revenue of $22,000. Richmond, Jan. 16 — Senator George W. Layman will be among the sup- porters of Sunday liberalization bills in the present session of the Legisla- ture, While he does not go so far as to predict the passage of the bills at this session he points out that there are 50 new members in the Assembly, and there is a growing feeling that Vir- ginia towns should have local option in deciding on Sunday amusements. Roxy Cheese Club Guest S. L. (Roxy) Rothafel, Frank Buck, "Prince" Mike Romanoff, Ferde Grofe and Marek Windheim were feted by the Cheese Club yesterday. About 60 attended. "Nana" to Music Hall "Nana," the Samuel Goldwyn pro- duction for United Artists release, was booked yesterday by the Music Hall, to open Feb. 1. It marks the second U. A. film for the house. Ampa Meeting Private Due to organization matters slated for discussion, the Ampa meeting to- morrow will be a closed session. ^^lie public vcill accept lier vciila eniliusiastn and acclaim. HOLLYWOOD REPORTER MOTION PICTURE DAI LY Wednesday, January 17, 1934 "Women" 3rd Week Hit in Grauman Run Los Angeles, Jan. 16. — Business has taken a decided upswing in this territory. "Little Women" was a third-week hit at Grauman's Chinese, going $5,250 over normal for a gross of $19,250. "Mrs. Fane's Baby Is Stolen," with Guy Lombardo and his orchestra on the stage, hit $22,000 at the Para- mount. This tops par by $4,000. "Dancing Lady" was strong at Loew's State, "Women In His Life" was well up at Pantages, and "The House on 56th Street" was better than normal at both Warners' Downtown and Hollywood houses. Total first run business was $120,- 463. Average is $117,150. Estimated takings for the week end- ing Jan. 10 : "LITTLE WOMEN" (Radio) CHINESE — (2,500), 50c-$1.65, 3rd week, 7 days. Sid Grauman prologue. Gross: $19,- 250. (Average, $14,000.) "ELYSIA" (Foy Prod.) CRITERION— (1,610), 2Sc-40c, 7th week. 7 days. Gross: $4,500. (Average, $2,800.) "WALTZ TIME" (Gauraont- British) "THE FILM PARADE" (Blackton) FILMARTE — (800), 40c-50c, 7 days. Gross: $1,850. (Average, $2,650.) "I AM SUZANNE" (Fox) 4 STAR— (900), 50c-75c, 3rd week, 7 days. Gross: $2,433. (Average, $4,500.) "DANCING LADY" (M-G-M) LOEW'S STATE— (2,413), 25c-40c, 2nd week. 7 days. Gross: $15,000. Average, $14,000.) "LOVE, HONOR & OH BABY" (Univ) "BEFORE MIDNIGHT" (Col.) LOS ANGELES— (3,000), 15c-25c, 7 days. Gross: $4,200. (Average, $3,700.) "WOMEN IN HIS LIFE" (M-G-M) PANTAGES— (3,000), 25c-55c, 7 days. Stage show. Gross: $7,330. (Average. $7 000 ) "MISS FANE'S BABY IS STOLEN" (Para.) PARAMOUNT— (3,595), 25c-40c, 7 days. Stage show, Guy Lombardo and his or- chestra. Gross: $22,000. (Average. $18,000.) "FLYING DOWN TO RIO" (Radio) RKO— (2,700), 25c-40c, 2nd week. 7 days. Gross: $5,400. (Average, $8,000.) "ROMAN SCANDALS" (U. A.) 4 davs "I'M NO ANGEL" (Para.) 3 days ' UNITED ARTISTS— (2,100). 25c-40c. 7 days. Gross: $10,500. (Average, $12,800.) "THE HOUSE ON 56TH ST." (Wamers) WARNER BROS. (HOLLYWOOD)— (3.000), 25c-40c. 7 days. Gross: $15,000. (Average, $14,000.) "THE HOUSE ON 56TH ST." (Warners) WARNER BROS. (DOWNTOWN)— (3,400), 25c-40c. 7 davs. Gross: $13,000. (Average, $12,000.) Show 4Vi Hrs.; Price 35c. Hamilton, O., Jan. 16.— The Para- mount, double featuring "The Private Life of Henry VIII" and "Sweetheart of Sigma Chi," also ran "The Life of Jimmy Dolan" on "Encore Night," thus giving a four and one-half hour program at the regular admission of 35 cents. Amity Buys Siam Film John M. Crinnion has purchased "I Am from Siam" for distribution by Amity Pictures. It is a travelogue with narrative by D. S. Garden, editor of the Bangkok Daily Mail and a musical accompaniment by Nathaniel Shilkret and his orchestra. CLASSIFIED THEATRICAL ATTORNEY WILL Ex- change legal services with motion picture firm for room in Radio Citv. Address Box No. 132, MOTION PICTURE DAILY, 1790 Broadway, New York. "Sweetheart" Gets $11,000, Montreal Montreal, Jan. 16 — There is noth- ing better than the Feast of the Na- tivity, popularly known as "Little Christmas," to bring out the revelry of the French Canadians. This gave grosses a splendid swing, as indicated by total business of $43,000, or $6,500 better than par. "Her Sweetheart" at the Capitol scored $11,000, while the second week of "Little Women" at the Palace was worth $10,500. Loew's made it the same with "Hoopla" and vaudeville, while the Princess was still up to $9,000 for the second week of "Roman Scandals." Total business was $43,000. Aver- age is $36,500. Estimated takings for the week end- ing Jan. 13 : "HER SWEETHEART" (M-G-M) CAPITOL— (2,547), 25c-35c-50c-60c-75c, 7 days. Gross: $11,000. (Average, $9,000.) "POUR ETRE AIME" (French) IMPERIAL— (1.914). 25c - 35c - 40c - 50c, 7 days. Gross: $2,000. (Average. $2,000.) "HOOPLA" (Fox) LOEW'S — (3.115), 15c-35c-50c-65c-75c, 7 days. Vaudeville: Jack Sidnew's Samples; Pete, Our Gang Dog; Ed and Tom Hickey: Rosemary and Frasier: Tenkai and Okinu. Gross. $10,500. (Average. $10,500.) "LITTLE WOMEN" (Radio) PALACE— (2.600). 25c-35c-50c-60c-75c, 2nd week. 7 days. Gross: $10,500. (Average. $11.- 000.) "ROMAN SCANDALS" (U.A.) "MASTER OF MEN" (Col.) PRINCESS — (2.272). 25c-35c-50c-65c. 2nd week. 7 days. Gross: $9,000. (Average. $6,- 000.) "Dinner" Omaha's High with $8,500 Omaha, Jan. 16 — "Dinner at Eight," heralded by a New Year's Eve pre- view, rang the bell at the Paramount to the tune of $8,500 for the best week the house has had in some time. It was moved to the World for an ex- tended run. "Flying Down to Rio" closed a 12- day run at the Brandeis, getting $3,000 for the short 5-dav second week. This theatre is rapidly becoming the "class" house of the town, thanks to fortunate releases. The World had a par week with "Ladv Killer" and "The Chief." while the Ornheum was a bit under averasre at $7,000 despite "House on 56th Street" and "Artists and Models" stase unit. Total first run business was $24,000. Averasre is $24,350. Estimated takings : Week Ending Jan. 10: "DINNER AT EIGHT" (M-G-M) PARAMOUNT— (2.900), 25c - 35c - 40c, 7 days. Gross: $8,500. (Average. $7,500.) Week Ending Jan. 11: "FLYINC, DOWN TO RIO" (Radio) BRANDEIS — (1.200). 25c-35c. 2nd week. 5 davs. Grost: £3.000. (Average. S3. 500.) "HOUSE ON 5STH STREET" (Warners) ORPHF.TTM-r3.000"). 25c-35c-50c. 7 days. Gross: $7,000. (Average. S7.850.1) Week Endina Jan. 12: "LADY KILLFR" (Warners) "THE CHIFF" (M-G-M) WORLD— (2.200V 25r.-35c, 7 days. Gross: $5,500. (Average. $5,500.) N. O. Bars Marcus Show New Orleans. Jan. 16. — Police have prohibited the ooenin? of the Marcus show at the Municinal Audi- torium. Suoerintendent of Police Heorfre Rever sent a reoresentative to Mobile to see the show there and decided no permit would be given here. A STATEMENT OU no doubt have read of my resignation from Radio City. Because I am leaving for a brief rest it has been impossible to communicate with many of my friends in the motion picture industry. Therefore, I am taking this means of expressing to them my very great appreciation for the loyalty and the warm personal friendship shown me. To my staff, to the executives in the industry and to all the other fine men and women in this business whom I am proud to call my friends, I write this note of thanks and gratitude for the pleasant relations which have been my good fortune to enjoy, and which I am sure will continue. For the present all communications should be addressed to me at 115 Central Park West, New York City. Sincerelv, The Leading Daily ^ Newspaper of the Motion Picture Industry MOTION PICTURE DAILY Alert, intelligent aj^f'" , Faithfi OL. 35. NO. 15 NEW YORK, THURSDAY, JANUARY 18, 1934 TEN CENTS udge Bondy Critical of Para. Delay ard for the circuit's theatre opera- ons. E. V. Richards of the Saenger rcuit, New Orleans, is the other ember of the committee who was uned earlier. Reports linking Nathanson' s name (Continued on page 10) hooper Orders New Production System Hollywood, Jan. 17. — Merian C. ooper, executive producer at Radio, is installed a new production system ader which each producer will be en- rely responsible for his own unit »ra the selection of the story, to •eatment, cast and finished product. Cooper will pass on each phase of oduction as completed to save time >r all concerned. Heretofore pro- icers have lined up and have waited r conferences on details concerning "osress, preparation and production. Frozen Assents The Code Authority yester- day sent out assent forms to all territorial possessions of the United States. Those re- turned from Alaska will be regarded as frozen assents. Studios ' Pay to Extras Totals $15,986,940 in Seven Years Hollywood, Jan. 17. — Studios handed out 1,785,387 jobs to extras and paid them $15,986,940 for their labors in the seven years up to Jan. 1, 1933, according to figures compiled by the Central Casting Bureau. Placements for 1933 are not yet available. Here is the year-by-year tally: Average Wage Year Placements Wages Per Day 1926 259,258 $2,195,395 $8.40 1927 330,397 2,838,136 8.30 1928 276,155 2,469,711 9.15 1929 262,958 2,401,429 9.08 1930 252,446 2,460,012 8.45 1931 189,589 1,766,479 9.10 1932 214,584 1,855,778 8.00 Production, in its varied phases, will be discussed and analyzed at length in The Studio Number of MOTION PICTURE DAILY, out tomorrow. ITOA Lifts Goldwyn Ban After Parley Following the regular meeting of the I.T.O.A. at the Astor yesterday which was attended by Samuel Gold- wyn and Al Lichtman, the unit lifted its ban against Goldwyn. The produ- cer agreed to allocate prices of his product according to the classified run of theatres in each situation. This automatically removes the flat selling policy of percentages which ranged from 40 to 50 per cent of the grosses. Goldwyn and Lichtman discussed at length the problems of making high cost productions. The producer ex- (Continued on page 10) Expect Quick Move In St. Louis Deal St. Louis, Jan. 17. — With the re- turn from New York of Harry Green- man, resident manager of the Fox, and receivers of the theatre, court ap- (Continued on page 11) Coast Majors Agree to Aid M. P. Academy Hollywood, Jan. 17. — Continuance of the Academy is assured by a prom- ise of support from producers given in the early morning hours today. Producers agreed to contribute $50 for each completed feature toward ex- penses of the Academy so that it can carry on its technical research, con- ciliation and other services. King Vidor heads a committee which will plan for the Academy's future activities and financing. Other members are : Irving Thalberg, Jack L, Warner, C. B. DeMille, Lewis (Continued on page 10) Warners Pittsburgh Policy Stays As Is Pittsburgh, Jan. 17. — -Following a conference here yesterday between I. J. Hoffman, assistant to Joe Bern- hard in the Warner theatre circuit, (Continued on page 11) March Thinks Percentage Deals May End Pay Rows Percentage agreements for princi- pal players mav be the solution of the salary agitation, in the opinion of Fredric March. The NRA question- naires and the fact that salary matters in the code were suspended for only 90 days convince him more develop- ments are coming along this line. ''I believe most actors would be willing to try percentage agreements for a few pictures," he said, "to see how the plan works out. The trouble with the plan so far, is that most play- ers don't know how to check up on the percentage. The percentage would (Continued on page 8) Rules Dee. 8 As Start for Eliminations Rosenblatt Decides 10% Clause Is Effective Washington, Jan. 17. — Exhibitors fully complying with the requirements of the code with respect to observance of contracts are entitled to the benefits of the 10 per cent elimination clause on product released after Dec. 7, even though the contract was made before that date, it was ruled today by Divi- sion Administrator Sol A. Rosenblatt. A number of inquiries have been received from exhibitors regarding the elimination clause, Rosenblatt explain- ed, and his ruling is designed to clarify the situation. The elimination privi- lege, while covering contracts made prior to the effective date of the code, (Continued on page 8) Authority Finance Problems Not Set Exhibitor imposts for financing the Code Authority will be distributed only among those signing assent forms, and the greater the number of compliances, the smaller the amount of assessment per theatre, the author- ity states. Those not signing the code will not derive any of the benefits and naturally do not have to contribute toward carrying the expense of the clearance and zoning and grievance boards, etc. Distribution and production also (Continued on page 8) No Time Limit Set For Code Protests Although recommendations for posts on the 32 clearance and zoning and grievance boards must be postmarked not later than Saturday midnight, the Code Authority advises there is no deadline for sending in protests. Ex- hibitors, distributors and producers (Continued on page 8) Cooperating Because many of the names suggested for nominations to the 32 clearance and zoning and grievance boards are il- legible, the Code Authority has asked Motion Picture Daily to assist it in establish- ing correct spellings. The answer is: "Yes." MOTION PICTURE DAILY Thursday, January 18, 19: MOTION PICTURE DAILY (Registered U. S. Patent Office) Vol. 35 January 18, 1934 No. 15 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 4Juigley 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. Clifford, manager; London Bureau: 1021 A Finchley Road, Golders Green, Bernard Charman, Representative; Berlin Bureau: Berlin-Tem- pelhof, Kaisenn-Augustastrasse 28, Joachim K. Rutenberg, Representative: Paris Bu- reau: 19, Rue de la Cour-des-Noues, Pierre Autre, Representative; Rome Bureau: Viale Gorizia, Vittorio Malpassuti, Representative; Sydney Bureau: 102 Sussex Street, Cliff Holt, Representative; Mexico City Bureau: Apartado 269, James Lockhart, Representa- tive; Glasgow Bureau: 86 Dundrennan Road, G. Holmes, Representative; Budapest Bureau: 11 Olaaz Fasor 17, Endre Hevesi, Representative. 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. Monogram Resumes Work Upon Its List Hollywood, Jan. 17.— Monogram resumed production today with "The Loudspeaker" going into work under William T. Lackey's direction. Three others are to go into production within a month. They are: "Numbers of Monte Carlo," "Manhattan Love Song" and "Jane Eyre." Trem Carr has closed a deal for more space at the Metropolitan Studios. In line with the plan to continue purchasing novels and plays as adopt- ed last year, Monogram has secured the rights to "Sing Sing Nights" by Harry Stephen Keeler, English nov- elist, as the initial buy for the 1934- 35 program. Famous Music Elects Lou Diamond was elected ^president of the Famous Music Corp. yester- day. Other officers named were Wal- ter B. Cokell, vice-president; Norman Collyer, secretary and James S. Polk, assistant secretary. Diamond, Polk, Cokell and Sidney Justin were elected to the board of directors. Film Notables Here Ernest Stern, film art director; Dudley Wilkinson, actor, and Thomas C. Gibbs, English actor, arrived yes- terday on the Champlain from abroad. H. & B. Take Another Haring and Blumenthal have added the Embassy, Dobbs Ferry, N. Y., to their circuit. Most Issues Fairly Steady High Low Close Columbia Pictures, vtc 25 2454 2454 Consolidated Film Industries 3% 354 354 Consolidated Film Industries, pfd 12% 1254 12% Eastman Kodak 86 84% 8SJ4 Eastman Kodak, pfd 120 120 120 Fox Film "A" 14% 1334 14 Loew's, Inc 27% 26% 2754 Paramount, cts 3% 2% 3% Pathe Exchange 2 1% 1% Pathe Exchange "A" 12% 12 12 RKO 2% 2% 2% Warner Bros 6% 554 6 Technicolor Rises on Curb Net Change - % + % + % + 54 - 54 High Technicolor 9% Low 9 Close 954 Net Change + % RKO Bonds Jump SXA Points High Low General Theatre Equipment 6s '40 5% 5% General Theatre Equipment 6s '40, ctf 534 554 Keith B. F. 6s '46 56% 56 Loew's 6s '41, ww deb rights 89% 88% Paramount Broadway 554s '51 40 37% Paramount F. L. 6s '47 40% 39J4 Paramount Publix 554 '50 40% 39 RKO 6s '41, cts 1854 1854 Warner Bros. 6s '39, wd 47 45 Net Close Change 544% + 54 Sales 100 400 1,500 2,700 5,000 900 9,800 36,900 1,500 1,200 2,800 8.70P Sales 400 Sales 21 5% 56 89 39 40 39 1854 4654 54 +154 +154 + 54 - 54 +3% +154 18 7 22 12 26 47 1 115 i Purely Personal JACK JOSSEY and Nat Lefton. Cleveland Monogram franchise holders, have returned to the Ohio city after spending the New Year's holi- days with Trem Carr on the coast. S. A. Lynch will desert these chilly climes for a short vacation in Miami, starting Saturday. Benjamin Berk, of Blue Seal Sound, leaves for the coast today, to be gone several months. George J. Schaefer arrives today from the south, where he has been conferring with Paramount exchange heads. Dale Van Every will arrive tomor- row from Universal City to work on a story with Lincoln Quarberg. Milt Kusell is slated to return from his tour of Paramount exchanges on Monday. Leo Abrams, Universal exchange manager, returns from Miami on Monday. Vacation stuff. Marty Mullins returned to Bos- ton yesterday following conferences with Ralph Kohn. Louis Nizer was in Washington yesterday on the poultry code. Hy Daab is trimming his avoirdu- pois. "Women" Heads M. P. Herald B. O. Champs In accordance with its custom of listing the monthly box-office cham- pions, Motion Picture Herald, out today, will carry its December list, which is as follows : "Little Women" (Radio), "Dancing Lady" (M-G-M), "Alice in Wonderland" (Paramount), "Roman Scandals" (United Artists), "My Lips Betray" (Fox), arid "Only Yesterday" (Universal). "Little Women" and "I'm No Angel" have been the only two repeaters to oc- cur during the last four months. "Catherine" Is Hailed By Press in Britain London, Jan. 17. — "Catherine the Great" was hailed as a masterpiece at its_ London preview yesterday. It is magnificently mounted and photo- graphed and superbly acted, with Elizabeth Bergner and Douglas Fair- banks, Jr., reaching great heights. It is a worthy successor to "The Private Life of Henry VIII" and is declared to be even more powerful in entertain- ment value. The film is a beautiful production that drives home Britain's challenge to the world. It will amaze America. Charman Fox Argues with Union Philadelphia, Jan. 17. — Fox is re- ported to be having difficulties with the musicians' union over its effort to reduce the orchestra from 36 to 18, and it is said the house will go to a straight picture policy if the trouble is not adjusted by tomorrow. Lloyd Wants Beery, But M-G-M Refuse Hollywood, Jan. 17. — Harold LAoy has put in a bid to M-G-M. for tfc loan of Wallace Beery for an impci tant role in "The Cat's Paw." M-G-M has turned down the de because of Beery's heavy schedule ; the studio. Open English "Uniform "Girls in Uniform," English versic of "Maedchen in Uniform" just con; pleted bv Krimsky & Cochran, vi open at the Criterion next Wednesds I night. Eleanor Phelps and Ade Ronson have the roles of Dorothi Wieck and Hertha Thiele. Margon in Air C. C. Margon, who has been a; pointed manager of Columbia's Sou American office, is enroute to the A gentine bv plane. He succeeds O. 1 Mantell, who resigned the post se eral months ago. Seidelman to Europe J. H. Seidelman, foreign gener sales manager for Columbia, sails t morrow on the Olympic for Englai From there he will visit the conti ent on a tour of all foreign branch of the company. He'll be gone abo two months. Bancroft to Coast George Bancroft left for the coa last night. When he arrives in He lywood, he'll go into a huddle wi 20th Century executives on a one pi ture contract. Chesterfield Starts 6th Hollywood, Jan. 17. — Chesterfie has started production on its sixth f the season, "The Understandii Heart." The film replaces "Ang Face" on the company's schedule. is a Gallant Lady great show! Already have a great carnpaign laid out for it ! Ralph Goldberg City Manager for Paramount, Orpheum & World Theatres Omaha, Neb. MUSTARD with your HOT DOGS? BROADWAY SCREAMS! I never saw people laugh so hard. Large numbers of kids also came!" (signed) ARTHUR MAYER RialtoThea., N.Y. City LAUREL-HARDY's 7 Rollicking Reels "SONS of the DESERT' with CHARLEY CHASE Thanks Hal Roach! Jfour Pah Leof Daily Mirror — . . . joyous piece of work . . . great fun . . . stirring uproar . . . supreme comedy . . . American— . . .one of best entertainments created by this comedy combine . . . story is well constructed, full of fun and merriment keeps going with no pauses . . . Sun — . . . film done well . . . Laurel &. Hardy excellent ... I pre- dict a brilliant future for them in six reelers . . . this only second in long career of shorts . . . Journal — ...funny... plenty of laughs... Film Daily — . . . generous feast for those who want laughs . . . Times — . . . funny all the way . . . Hollywood Reporter— . . . plenty of real, genuine laughter . . . Variety — . . . elaborate production . . . good direction . . . will get laughs . . . Brooklyn Times — ...funniest of their comedies ... a pleasure . . . won much laughter . . . MorningTelegraph— ... as giddy a bit of screen hilarity as you'll find any- where . . . Laurel &. Hardy seldom have turned in such excellent work ... a truly amusing comedy . . . it's funny . . . News — . . . fresh gags keep audience in continual state of laughter . . . climax hilarious . . . Brooklyn Eagle — ... a large audience appeared to be constantly in danger of laughing itself to death... Post— . . . met with approval of re- ceptive audience . . . MOTION PICTURE DAILY Thursday, January 18, IV: Amos VAndy, Fog" Boston Hit, $23,500 Boston, Jan. 17. — With holiday mid- night shows out of the picture after two near-record breaking weeks, Bos- ton's grosses returned to normal once more, but were still well up in totals. "Fog" at the Boston headed the list with $7,500 above average, but with the added attraction of Amos 'n' Andy in person to pull 'em in. The other RKO house, Keith's, with a second week's showing of "Flying Down to Rio," pulled into third place with $5,- 000 above par. Keith's has shown but two features in five weeks and has grossed big by the holdover plan on popular films. Loew's State, with "Roman Scan- dals," was up $6,000 for second honors for the week, while the Metropolitan, with "Mr. Skitch," was up $3,000. Total first run business for the week was $117,000. Average is $95,000. Estimated takings for the week end- ing Jan. 11 : "FOG" (Col.) BOSTON— (2,900), 25c-50c, 7 days. Amos V Andy in! person. Gross: $23,500. (Aver- age, $16,000.) "HAVANA WIDOWS'* (F.N.) "HELL AND HIGH WATER" (Para.) FENWAY— (1,800), 30c-50c, 7 days. Gross: $10,000. (Average, $9,000.) "FLYING DOWN TO RIO" (Radio) KEITH'S — (3,500), 30c-50c, 7 days, 2nd week. Gross: $21,000. (Average, $16,000.) "ROMAN SCANDALS" (U.A.) LOEW'S STATE— (3,700), 35c-50c, 7 days. Vaude. Gross: $22,000. (Average, $16,000.) "MR. SKITCH" (Fox) METROPOLITAN — (4,350), 30c - 65c, 7 days. Mary McCormic and Bradley & Jer- ome. Gross: $31,000. (Average, $28,000.) "HAVANA WIDOWS" (FJM.) "HELL AND HIGH WATER" (Para.) PARAMOUNT— (1,800), 30c-50c, 7 days. Gross: $9,500. (Average, $9,000.) Stage 'Scandals' Rates High In Pittsburgh at $12,000 Pittsburgh, Jan. 17. — While par was topped here by $11,000 last week, the chief part of that went to the Pitt, where the tabloid edition of George White's "Scandals" and "Above the Clouds" in four days almost tripled the business this house usually does in a week. A sensational $12,000 was turned in. The regular top was jumped to 50 cents and this also in- cluded a Sunday midnight show at 75 cents. "Flying Down to Rio" was a nice money-maker for the Stanley at $14,- 000, the best business here since "Lit- tle Women," and at the Warner "Son of Kong" surprised everybody by gathering pretty close to $7,000. In four days, in order to permit the Fulton to get back on its regular schedule, "As Husbands Go" was ex- cellent, doing $3,500, or just $500 short of what this house usually does in six days. The weak sisters were "Sitting Pretty" at the Penn and "Shadows of Sing Sing" at the Davis, the former getting $9,500 and the latter $2,100. Total grosses in six first run houses were $48,000. Average is $37,000. Estimated takings for the week ending Jan. 13 : "SHADOWS OF SING SING" (Col.) DAVIS — (1,700), 25c-35c, 6 days. Gross: $2,100. (Average, $2,500.) "AS HUSBANDS GO" (Fox) FULTON— (1,750), 15c-35c, 4 days. Gross: $3,500. (Average for six days, $4,000.) "SITTING PRETTY" (Para.) PENN— (3,300), 25c-50c, 6 days. Gross: $9,500. (Average, $12,000.) "ABOVE THE CLOUDS" (Col.) PITT— (1,600), 25c-50c, 4 days. Stage: George White's "Scandals," with Shaw and Lee, Lucille Page, Loomis Sisters, Gloria Mossman and Ross McLean. Gross: $12,000. (Average, $4,500.) "FLYING DOWN TO RIO" (Radio) STANLEY— (3,600), 35c-50c, 6 days. Gross: $14,000. (Average, $9,000.) "SON OF KONG" (Radio) WARNER— (2,000), 25c-50o, 6 day* Gross: $6,900. (Average, $5,000.) Transfer Richmond Sites Richmond, Jan. 17. — Wilmer & Vin- cent have acquired the land on which the Colonial is located and have trans- ferred to Associated Builders, Inc., the site of the old Strand Theatre. The Union Bus Terminal site, also owned by Wilmer & Vincent, has been transferred to the Richmond Land Corp. It was bought originally for a theatre location. Fox Adds Two "Chans" Hollywood, Jan. 17. — Because of the success of pictures based on the adventures of Charlie Chan, Fox ex- ecutives have added two more. "GALLANT LADY" is Ann Harding's best picture in years Morris Kutinshy In wood Theatre Forest Hills, L. I. Rio" $4,000 2nd Week Hit In Portland Portland, Jan. 17.— "Flying Down to Rio" ran away with top honors in its second week at HamrickJs Music Box. The $4,000 gross was $1,000 over par. "Dinner at Eight" took $5,800 at the United Artists and was held over in spite of the fact that this gross is not sensational, being only $800 over average. Total first run business was $23,700 Average is $22,800. Estimated takings for the week end- ing Jan. 12: "FUGITIVE LOVERS" (M-G-M) "S.O.S. ICEBERG" (Univ.) BROADWAY— (1,912), 25c-35c-40c, 7 days. Gross: $5,700. (Average, $6,000.) "FLYING DOWN TO RIO" (Radio) HAMRICK'S MUSIC BOX— (2,000), 25c- 35c-40c, 2nd week, 7 days. Gross: $4,000. (Average, $3,000.) "MARY STEVENS, M.D." (Warners) HAMRICK'S ORIENTAL — (2,040), 25c- 35c, 7 days. Gross: $2,000. (Average, $2,000.) "DESIGN FOR LIVING" (Para.) "ORIENT EXPRESS" (Fox) PARAMOUNT — (3,008), 25c - 35c - 40c, 7 days. Gross: $4,000. (Average, $5,000.) "SECRET OF THE BLUE ROOM" (U.) ANSON WEEKS AND BAND LIBERTY— (1.800), . 25c-35c-40c. 7 days. Stage Anson Weeks and band. Gross: $2,- 200. (Average, $1,800.) "DINNER AT EIGHT" (M-G-M) UNITED ARTISTS— (945). 25c-35c-40c, 7 days. Gross: $5,800. (Average, $5,000.) Colorado Managers Shift Denver, Jan. 17.— Rick Ricketson, Intermountain Division manager for F.W.C., has made several managerial switches as a result of the resignation of Charles U. Yeager. Harry Ashton, manager of the Mayan, Denver, becomes district man- ager in Yeager's place; Gerald Whit- ney, Boulder city manager, gets the Mayan; Ray Davis, manager of the Rialto at Sterling, goes to Boulder; Fred Glass goes to the Rialto, Ster- ling. Skitch" Top Seattle Draw With $8,25( Seattle, Jan. 17. — "Mr. Skitch" the Fifth Avenue was the top attra tion of an average week, with a taJ of about $1,250 over a normal $7,0C Three holdover films all grossed w< for second weeks, but failed to boc the local total to normal figures. The Orpheum, with a farewell w© to vaudeville, was slightly better th previous weeks, having two fairly go films to boost business. Total first run business was $34,3; Average is $38,500. Estimated takings for the week en ing Jan. 13 : "PRIVATE LIFE HENRY VIII" (UJ BLUE MOUSE— (950), 25c-35c-50c, 7 da 2nd week. Gross: $3,750. (Average, week, $4,000.) "MR. SKITCH" (Fox) FIFTH AVENUE — (2,450), 25c-40c-55c, days. Gross: $8,250. (Average, $7,000.) "THE THUNDERING HERD" (Para "HIS PRIVATE SECRETARY" (Shov LIBERTY— (1,800), 10c-15c-25c, 7 da Gross: $4,250. (Average, $4,000.) "FLYING DOWN TO RIO" (Radio) MUSIC BOX— (950), 25c-35c-50c, 7 da 2nd week. Gross: $3,600. (Average, 1st we $4 000 ) ' "FROM HEADQUARTERS" (F.N.) "SMOKY" (Para.) ORPHEUM— (2,500). 2Sc-35c-50c, 7 da' Six acts vaudeville. Gross: $6,500. (Av age, $7,000.) "DANCING LADY" (M-G-M) PARAMOUNT— (3,050), 25c - 40c - 55c days. Extended run from Fifth Aven Gross: $4,000. (Average 1st week, $6,0( "BOMBAY MAIL" (Univ.) ROXY— (2,275), 25c-35c-50c, 6 days. Gro $4,000. (Average, $6,000.) Cincy Palace Cuts Seal Cincinnati, Jan. 17. — Night pri of 44 and 60 cents, including 10 ] cent state tax, for balcony and lov floor, respectively, at the RKO P ace, have been reduced to 35 and cents, which is an extension of 1 matinee schedule, effective at 1 P. The "early bird" rate of 35c rema the same. The change makes the scale unifo at all RKO full-week houses he although the Palace is the circu only local spot playing stage sho and pictures. No Hearing at Madisoi Madison, Wis., Jan. 17.— The I partment of Agriculture and Mark will not hold a hearing to air complai of Madison business men against leged unfair practices carried on the University of Wisconsin, inch ing Bascom theatre, according to decision by the commission. Daransoll Made Managi Pittsburgh, Jan. 17. — George D ansoll, formerly with Paramount-Pi lix in Hazleton, Pa., has been nan manager of the Cameraphone at E Liberty by Harry Kalmine, zone m; ager for Warners. Daransoll succeeds Harry Fraz Jr. Open Independent Offi< Hollywood, Jan. 17. — Independ Film Distributors, Inc., has oper offices here on Film Row with t territory being managed by Stan! Simmons and Willie Smith. The S Francisco territory is being hand' by Bruce Johnson. o o IIS IIS . . . G W Y N N N. V. Daily Mirror w THESE mm mm mm ■■■■ ^mw ^^^! This is a front page spread from the Sunday section of the December 10, 1933, issue of the St. Louis Post Dispatch, with the largest circulation of any paper in the Mississippi Valley. That a newspaper should run this unsolicited is an indication of the great public interest in this picture. 4 and 15 Handsonjj Jit Hollywood's Newest* ;; Hooding pm Movie fa 'A>K II .'Search for Movie Stars P#g| Now Startedm Peek: PARAMO LINT'S SHOW PICTURE FOR SHOWMEN Directed by Erie Kenton with LARRY "BUSTER" CRABBE IDA LUPINO ROBERT ARMSTRONG JAMES GLEASON ROSCOE KARNS TOBY WING and the 30 International "Search for Beauty" Contest Winners, Flower of the world's feminine beauty and stalwart youth. THE "SEARCH FOR BEAUTY" was par- ticipated in by 900 theatres in the United States, 36 theatres in Great Britain, 40 theatres 1 in Australia, 45 theatres in New Zealand, 15 theatres in South Africa, and the Canadian Legion of the British Empire Service League. The publicity and exploitation attendant to this "Search" has pre-sold this picture to the thousands of people who are interested in those who entered the contest. MOTION PICTURE DAILY Rules Dec. 8 As Start for Johnson Proposes to Keep Deputies Off Code Bodies Eliminations (Continued from page 1) applies only to product released there- after, he pointed out. Rosenblatt also ruled today that there is no class of hearings at which the local boards may deliberate with- out the services of the non-industry members, because "the non-industry member is a true member of the con- stituency of the board and has a definite function to perform thereon as provided in the code." Authority Finance Problems Not Set (Continued from page 1) will pay their share of the code bill. Just what taxation methods will be used has not yet been decided. A study of operating costs is now being made and figures are being com- piled as a basis for a permanent budget. Jameson in Capital Kansas City, Jan. 17. — E. E. Jameson, manager of Exhibitors' Film Delivery & Service Co., film carriers, is in Washington for hearings on a film truckers' code. Jameson is a member of the board of governors of the recently - formed National Film Carriers Ass'n., and is helping formu- late the organization's code recom- mendations. Washington, Jan. 17. — Abandon- ment of the present policy of having deputy administrators serve as Gov- ernment members of code authorities is planned by Administrator Hugh S. Johnson, because of the tax upon their time and the fact that they might have to pass on what trade associations would do, including the Administra- tion members. It was revealed by Johnson today that the Administration is also trying to work out a policy under which men who have in the past been connected with NRA will serve as Government members of code authorities. These members would be paid per diem pos- sibly $10 for time actually spent in service, plus not more than $5 per day for expenses. The administrator did not reveal whether he would eventually select non-Administration men to take the place of deputy administrators now serving. However, his statement that the men "are scattered all over the lot attending meetings and are not avail- able for their duties here" was taken to mean that some action of the sort may later be taken. Substitution of men from private life for Administration members would involve both Division Administrator Sol A. Rosenblatt, who is a member of the Code Authority and Deputy Administrator William P. Farnsworth, who is a member of the Legitimate Stage Authority and who yesterday, with Eddie Dowling, was appointed to the Radio Broadcasting Authority. Double Check System Set Up by Authority A double check on all code assents is being made by the Code Authority which will have a list of the names on a master file at headquarters in New York and a second list for- warded to the secretaries of each of the 32 clearance and zoning and grievance boards. Although the as- sents are forwarded to the New York office, the reason for the second set is to keep all boards up-to-date on ex- hibitors complying with the code. When an exhibitor registers a griev- ance with the board, .he will be checked to see if he has a legal right to make the complaint. Only parties signing the assent form without qualification can for- ward complaints to the local boards. Decisions of the boards also will be duplicated, one resting with the local office and the second for file at the authority headquarters. Five girls are now working on card indexing of the assent forms in dupli- cate. There will be a set on yellow cards and another on white cards. The master file will be colorless. Zoning schedules to be mapped out by the clearance and zoning boards must be published in each territory. All plans are to be sent to New York for the record. Any parties who feel they may be injured by the schedules have 30 days after publication to file protests with the local boards. John C. Flinn has secured facts on arbitration proceedings from 36 states and will present them to the rules and regulations committee for study. Carnival Employes Fight $10 Minimum Washington, Jan. 17. — A mini- mum wage of $10 weekly, less $4.50 for meals, transportation and lodging, was today protested by actors and musicians appearing before Deputy Administrator William P. Farns- worth during the code hearing for the carnival industry. The code con- tains little of importance outside of wages. An effort will be made to resolve the wage controversy through conferences with leaders in the indus- try and employes. Ryland Gets NRA Post Kansas City, Jan. 17— Robert K Ryland, Democratic lawyer, has been named by President Roosevelt as the Missouri member of the new National Emergency Council. Jonas Graber of Kingman, Kan., has been appointed as the Kansas member. St. Louis was designated as the Missouri headquarters city for the new governmental agency, and Topeka for Kansas. New Cinema Issue Out In the new issue of Experimental Cinema, just published, Rene Clair, Vertoff and Dovjenko have articles, and the entire scenario for Sergei Eisenstein's "Que Viva Mexico" is included. Thursday, January 18, 1934 March Thinks % Deals May End Pay Rows (Continued from page 1) have to be on the gross, I suppose, because so many things are charged against the net." March says it is probable the Actors' Guild will have a member- ship of 5,000 by the end of the sum- mer. He believes it is possible for the guild to work harmoniously with producers in spite of the fact that the guild was formed because most play- ers felt the Academy was producer- controlled. He sees no possibility of the guild affiliating with Equity, and this auto- matically bars it from joining the American Federation of Labor, be- cause the Equity charter covers both the stage and screen. Asked if he thought producers would make another serious effort to slash salaries, he said he thought not. "After all, if there is to be salary- cutting, executives are going to get hit just as hard as players," he pointed out. March expects to take in shows here for about 10 days before going to his home in Wisconsin to visit relatives. His first for 20th Century under his new contract will be "The Firebrand," a comedy based on Edwin Justus Mayer's play and the autobiography of Benevenuto Cellini. His second will be a loan to Samuel Goldwyn for a role in "Resurrection" with Anna Sten. Code Assents Sent To U. S. Territories Assent forms were yesterday sent i by the Code Authority to all U. S. i territorial possessions, including Ha- waii, Alaska, Puerto Rico the Canal zone and Virgin Islands. If any are returned from exhibitors at these points, they will be turned over to Division Administrator Sol A. Rosen- blatt. It is expected that none can be returned before Jan. 31, the deadline, and Rosenblatt will be asked to accept them as valid, due to lateness in send- ing them out. No Time Limit Set For Code Protests (Continued from page 1) can send in comment or suggestions I anytime they wish and they will be i welcomed by the authority. Inasmuch as the number of sugges- [ tions received yesterday by the au-i thority amounted to about a dozen, i publication is being withheld until ai greater number are on hand. Straus NRA Director Nathan Straus, Jr., has been ap- pointed state director of the National Emergency Council. He will take over the NRA offices at 45 Broadway and the supervision of the NRA compli- ance board. At the same time, Henry F. Wolff, local NRA administrator, announced his resignation, and those of Thomas J. Donovan, deputy administrator, and Lloyd P. Stryker, chairman of the Department of Law and Complaints. Class A entertainment from start to finish. \^3allant Lady" is a production of the highest quality -'So well acted by Mr. Lederer that it tickled the risibles of the audience . . . spectators applauded this film" —Hall, N. Y. Times "His Hollywood entrance can be definitely set down as a success" —Waffs, N. Y. Herald-Tribune ''Broadway's most exciting matinee idol" —Bland Johaneson, N. Y. Mirror "Has both talent and per- sonality" —Regina Crewe, N. Y. American "An excellently true and sym- pathetic performance" —Boehnel, N. Y. World-Telegram "An actor of sufficient skill and personal charm to endow any character he portrays with the love-glow" —Detehanty, N. Y. Post "Charming" —John S. Cohen, N. Y.Eve. Hun RKO -RADIO PICTURE MEM AN C. COOPER, exec. prod. FRANCIS LEDERER ELISSA LANDI in MAN OF TWO WORLDS" with Henry Stephenson . . i. Farrell MacDonald Directed by J. Walter Ruben A Pandro S. Berman Production 10 MOTION PICTURE DAILY Thursday, January 18, 193' Coast Majors Agree to Aid M. P. Academy (Continued from page 1) Stone, Frank Capra, DeWitt Jen- nings, Waldemar Young, John Nick- olaus, John Cromwell, Carl Dreher. A finance committee was named to take care of existing obligations. It includes : William Sistrom, George Irving and VanNest Polglase. An- other committee, named to carry on actor- producer relations, includes : Jennings, Sistrom and Stone. Nickolaus and Dreher were named to confer with producers on a program for reviving technical research. Among those who attended and ap- proved Howard Green's plea for new life for the Academv were: Thalberg, B. B. Kahane, Harry Cohn, Henry Henigson, Jack L. Warner and Henry Herzbrun. J. T. Reed was not present, and it is believed his lack of interest indi- cates he intends to resign, which will automatically make Green president. 'Fashions' Opens Tonight First National's much-ballyhooed "Fashions of 1934" will be given a formal opening at the Hollywood to- night. One of the features will be a broadcast over WOR at 7 :30 o'clock on the Pebeco toothpaste hour. This broadcast will be the first of a series of 13 on consecutive weeks over the same hour with Warner- First National attractions at the Strand and Hollywood getting plugs. Judge Bondy Critical of Para, Delay (Continued from page 1) lieved the size of the fees to be the result of the complaining attorney's numerous moves to contest the receiv- ership proceedings last year and that the receivers and their counsel had done an "invaluable service" in meet- ing those moves. He agreed to with- draw from the hearing and assented to the selection of Judge John Knox, who will hear the receivers' petition in about three weeks. Declaring that he considered his withdrawal as a "reflection on the character of the bar rather than on that of the judge," the jurist clearly in- timated that he believed the oppos- ing attorneys themselves were account- able for the $250,000 cost of Para- mount's brief receivership. The attorneys addressed yesterday by Judge Bondy were Victor House, Samuel Zirn and Saul E. Rogers, each of whom is counsel for a Para- mount Publix bondholders' group. Zirn Opens Argument Zirn opened yesterday's skirmish with the court by asking Judge Bondy to withdraw from the hearing on the ground that the equity receivers, Charles D. Hilles and Adolph Zukor, whose petition for allowances was under consideration, had been ap- pointed to their receivership posts by Judge Bondy in what Zirn described as a "friendly action." Rogers followed with the same re- "Gallant Lady" is a great production headed for a great public reception! Excellent entertainment. Great cast, too. Russell teddy, Oriental Theatre, Milwaukee, Wis. Johnny Jones, Tower Theatre Milwaukee, Wis. quest, but preluded his remarks with the statement that "your honor and I have discussed this matter both in the court and outside it." Judge Bondy broke in with an explanation of Rog- ers's reference to discussing the case outside of court and, in revealing the subject of the out of court conversa- tion, characterized Rogers' views voiced at the time as "ridiculous." Rogers bridled at the adjective em- ployed by the court and told Judge Bondy that he "resented it" and that his "record before the bar did not warrant it." He asked that Judge Bondy withdraw from the cas£ be- cause his "mind was closed on it" and he, Rogers, had been "pre- judged." House, who declared that he had come into the court without any ob- jections to the case being heard by Judge Bondy, declared that he be- lieved the jurist's description of Rog- ers' views as being "ridiculous" dis- qualified him, and asked, too, that Judge Bondy withdraw. Both the receivers' petition and the court were defended in a reply by Elihu Root, Jr., of Root, Clark, Buck- ner & Ballantyne, counsel for the re- ceivers. Later, when the opposing attorneys suggested that Federal Judge Patterson replace Judge Bondy in the hearing, Root said that that "would be embarrassing" to him, and explained that Judge Patterson was formerly associated with Root, Clark, Buckner & Ballantyne in the practice of law. Judge Knox was then agreed on by all the attorneys. The receivers' petition for allow- ances originally aggregated $296,000, but was reduced by approximately $45,000 on its submission several weeks ago to Referee Henry K. Davis. N. L. Nothanson Is 2nd Para. Advisor (Continued from page 1) with a renewal of his former active position in Paramount executive coun- cils have been in circulation for months and implied an extension of his au- thority beyond that of his post as head of the company's Canadian theatres. The four additional members to complete the theatre operating advi- sory committee which will work with Ralph A. Kohn, head of the company's theatre department, are expected to be named within the next few weeks. They will probably include the opera- tors of Paramount's principal theatre interests in the south, southwest and central west. Nathanson 1 of 4 Seeking N. Y. Roxy Toronto, Jan. 17. — N. L. Nathanson, president of Famous Players Canadian, is reported here as associated with Loew's in one of the four bids for reorganizing the Roxy in New York. He would would take an active inter- est in the management if the court approves such a deal. The rumored plan has it that Na- thanson would place Jack Arthur of Toronto, now at the Imperial, in charge of stage presentations at the Roxy. Many of Arthur's graduates have made good in New York, includ- ing Florence Rogge and others of the original Roxy gang. ITOA Lifts Goldwyn Ban After Parley (Continued from page 1) plained the difficulties in turning out "Nana," how he spent a year and a half in getting Anna Sten ready for the screen and the scrapping of the initial negative of the picture. He said he had no fear of anyone's ban and anyone who liked could decide whether or not to buy his pictures. However, exhibitors told Goldwyn that his high cost of production is nothing compared to the $300,000,- 000 involved in over 400 local inde- pendent houses. The exhibitors were elated over the willingness of the pro- ducer to study each possibility before selling it. The organization feels that in accomplishing this it has made a constructive move in cementing the re- lationship between exhibitor and pro- ducer. Goldwyn closed his talk by saying an exhibitor is better off paying 40 to 50 per cent for a great picture than paying 15 per cent for a "tur- key." He and Lichtman agreed to sit in on a round table conference with the exhibitors and make modifi- cations in the selling policy. About 200 exhibitors atended. Detroit Man Fined On "Elysia" Stills Detroit, Jan. 17. — James Keough, manager of the Adams, has been found guilty in Ordinance Court of display- ing obscene stills in his lobby during the showing of "Elysia, Valley of the Nude." Judge John J. Maher sen- tenced him to 90 days in the House of Correction and fined him $500. Sentence and fine were suspended and Keough placed on probation for one year. If he violates the city ordinance regulating censorship of films, he wilL be required to serve the sentence and pay the fine, the judge ruled. Immediately following the sentenc- ing of Keough, W. H. Kinnear, charged with showing obsence stills at the Rivoli on "This Nude World," entered a plea of guilty and asked for leniency. Kinnear will be sentenced Saturday. In his written opinion, Judge Maher suggested that a board of censorship, composed of representatives of the po- lice department, press, and Board of Education be created to supplant the present system of having all films cen- sored by Lieut. Royal Baker. Change Booking Time Daily booking schedule at the Fox New York exchange has been revised and bookers are now taking dates onlv from 9 A. M. to 4 P. M. If the reported reorganization plan of Nathanson is accepted by the court, it would take at least six months be- fore the house would change hands. This time is necessary because of the financial entanglements which first have to be straightened out. Other reorganization plans under consideration by the first mortgage bondholders include one from Herbert Lubin, Harry C. Arthur and another unnamed exhibitor, not Roxy. hursday, January 18, 1934 MOTION PICTURE DAILY Looking 'Em Over "Massacre" [First National) This is an interesting, topical drama of the expose type, based on a tetory of exploitation of American Indians and corruption of Indian agents in government service on the reservations. Richard Barthelmess, as an educated and financially successful Indian working with a traveling rodeo show, is called back to the Indian reser- vation he had left as a youth to see his dying father. On the visit he discovers the evils flourishing under the government agent's regime, .vhips a doctor who had neglected the dying Indian and deals vengeance m another white man who had attacked the sister of the Indian. For this, Barthelmess is given a jail sentence but is aided in an escape by lAnn Dvorak, who plays the part of an educated Indian girl. Barthel- :aiess makes his way to Washington and, with the aid of the Commis- sioner of Indian Affairs, brings about a Senate investigation of condi- tions on the reservation. Thereafter he is returned to the reservation to stand trial for the murder of his sister's attacker. A confession is iobtained, bringing about Barthelmess's release and incriminating the government agent, who, with his aides, is removed from the post. A romance between Barthelmess and Miss Dvorak is culminated. The story is brought up to the minute by association with Chicago's Century of Progress and Senate investigations. The picture is fast-mov- jing, has plenty of action and suspense and makes the most of its novel torv and background. "1 Flaming Gold (Radio) "Flaming Gold" provides good average entertainment. It is set in an oil development in the jungle of Latin-America and manages always to be interesting. The story moves at a fast pace and the atmosphere is realistic. ( Bill Boyd and Pat O'Brien are partners in an oil venture. When their Veil fails to develop oil they tie up with the proprietress of a honky- ■ tonk who has property which she believes is productive. To get the ■necessary capital to start a well, Boyd goes to an old flame of hers in IX ew York. There Boyd falls for a professional entertainer (Mae =Clarke) and marries her, never knowing the truth about her. However, | love is really her motive. | She willingly accepts life in the jungle with him. One day when Boyd ib away, O'Brien tells her he knows the truth about her and intends to ;tell Boyd. She pleads her case with him so well that O'Brien changes •his mind and becomes her friend. On his return Boyd misunderstands fthe sudden change in their attitude toward each other. This forces a confession from his wife. Boyd is first prompted to break with her, but the better side of him triumphs and the ending is happy. . The acting, particularly that of O'Brien, is good. Direction by Ralph Jlnce is capable. 'Straightaway' (Columbia) For sheer action "Straightaway" is a pip of a racetrack yarn. There is movement in every second and its producer has provided enough thrills to satisfy the most critical of youthful audiences. Tim McCoy is champion of the speedways. Fired by his boss because he refused to slow up and give his son a chance to win a race, Tim joins up with a rival race car manufacturer. His former boss, bent on keeping Tim's new boss from entering the Indianapolis, attempts to have Tim's car wrecked during a race while his brother is at the wheel. To save his brother, McCoy, who is driving another machine, delib- erately wrecks his old boss's car, being hurt himself at the same time. He is threatened with a charge of manslaughter if he wins the Indian- apolis. But Tim allows nothing to deter him. The charge is dropped when Sue Carol, his sweetheart, obtains a confession from the mechanic of the rival car manufacturer. The film is filled with thrilling race scenes. The cast is good. Other players are William Bakewell, Ward Bond and Francis McDonald. Otto Brower directed. "I Am Suzanne," this morning's opener at the Radio City Music Hall, was reviewed by wire from Hollywood on Dec. 30. "Fashions of 1934," tonight's preview at the Hollywood, was covered by wire from Hollywood on Jan. 6. Warners Pittsburgh Policy Stays As Is (Continued from page 1) and Harry Kalmine, zone manager here, it was announced the Stanley would not follow Loew's Penn in the resumption of stage shows. Stage shows have been out of both the Penn and Stanley since June, 1932. Pittsburgh was without shows until three months ago when George Schaffer opened the Pitt. It is gen- erally understood the success of the Pitt was responsible for the Penn's resumption of its old policy. Contracts with the unions are such as to permit the Loew house to take up straight pictures again at any time. (Additional reviews on page 12) Expect Quick Move In St. Louis Deal (Continued from page 1) proval of the F. & M. deal is expected this week. A tentative agreement has been set up, but consummation cannot be completed until the court sanctions the operating deal. Greenman and the receivers re- turned yesterday following confer- ences in New York with Harry Arthur. Loew's Consolidates Four Radio Stations Loew's, Inc., has taken a firmer hold in the broadcasting field by con- solidating four New York stations into one, operations being confined to Sta- tion WHN. The stations that have ceased to exist are WRNY, WQAO and WPAP, which have long been under Loew control. The new setup is under the supervision of Major Ed- ward Bowes and will confine its pro- grams chieflv to music. Rogers Has Four to Go for Para. List Hollywood, Jan. 17. — Charles R. Rogers has completed six of the 10 pictures on his 1933-34 schedule for Paramount and has definitely lined up the four remaining. Pictures to come are "In Confer- ence," an original by Vera Cosby and Bruce Manning, which Brian Mar- lowe, Agnes Christine Johnson and Joseph Gollomb are now whipping into a screen play ; "It's a Pleasure to Lose," featuring George Raft and Frances Drake; "Green Gold," which will be made in Honduras and will probably star Gary Cooper, and "The Canal Boy," to top-spot Dorothy Wil- son and Robert Montgomery. Notables at Opening Many notables are expected to at- tend the premiere of Columbia's first musical of the season, "Let's Fall in Love," at the Rialto tomorrow night. Among those in the audience will be Mayor LaGuardia, Langdon Post, Tito Schipa, Irving Berlin, Fredric March, Dolores Del Rio, Paul White- man, Dave Rubinoff, Buddy Rogers, Helen Morgan, Irene Bordoni, Jack Dempsey, Ben Blue, Clark and Mc- Cullough and Harry Hershfield. D. C. Committee Named Washington, Jan. 17. — J. J. Fay- ette, chairman of the theatre owners committee of the District of Columbia, has named Hardie Meakin, Lou Browne, Frank La Fake and Rodney Collier on the committee to handle the President's birthday show at the Fox. The proceeds will be turned over to the President for the Warm Springs Foundation. r I've never heard more favorable comments on a pic- ture! Robert Kimmelman Harris Amusement Companies, Pittsburgh, Penn. I enjoyed it im- mensely. Ann Harding gives a ma rvelous perform- ance! I con- g ratu la te 20thCENTURY WILLIAM WEISS Capitol & Liberty Theatres, McKeesport,Penn. 12 MOTION PICTURE DAILY Thursday, January 18, 19 MOTION PICTURE DAILY* HOLLYWOOD PREVIEW "The Family Scandal (M-G-M) Hollywood, Jan. 17. — A day in the life of the average family is dis- tilled from simple incidents into homespun drama, romance, tragedy and laughter in "The Family Scandal," The father, Lionel Barrymore, faces a possible charge of embezzlement. The mother, Fay Bainter, is leav- ing for California to adapt her novel for a film studio. The college flapper, Mary Carlisle, wants to get married after an affair. The older daughter, Mae Clarke, breaks her engagement. The collegiate son, Tom Brown, is not pledged to the college fraternity and has an auto accident. The cook, Una Merkel, loses her ice-pick. The whole family gets to- gether at a turkey dinner that night. Though scattering its shots, the story is brought to a focus by the director's mobile technique. Its appeal stresses human threads woven around the hearth and home, harmonic with the mood of the moment. Barrymore suffers nobly. Miss Carlisle gets better with every picture. Brown, with an attractive, boyish personality, should go a long way. Miss Clarke is always appealing. Miss Merkel, charming and humorous, registers big here. Dickie Moore has a choice bit. Director William Howard has wisely emphasized the story and human values, rather than the trick method. The script and dialogue are good. This production should please all classes, with neighborhoods going for it strongly. "Hips, Hips, Hooray" (Radio) Hollywood, Jan. 17. — Smiles ripple in and out of "Hips, Hips, Hooray," with laughs interspersed. The story, unrelated to the title, is a hodge-podge of two drifters, Wheeler and Woolsey, getting tangled with two female magnates, Thelma Todd and Dorothy Lee, who run a beauty emporium. The boys, in spilling their delightful bunco, are constantly dodging two detectives, Epstein and Sweeney, in escaping from their clutches, accidentally become auto drivers in a transcontinental speed race. A burlesque pool game between Wheeler and Woolsey versus Epstein and Sweeney has some high moments of genuine hilarity. The auto race wind-up, replete with slap and dash hokum, garners some nice laughs. The song, "Keep on Doin' What You're Doin'," sounds like a hit. Ruth Etting sings "Keep Romance Alive" as the theme song for beauty prepa- rations. Where they like Wheeler and Woolsey, "Hips, Hips, Hooray," with girls and gags, should satisfy after their fashion. Grainger to Visit Coast James R. Grainger, general sales manager for Universal, is expected to leave for the coast late in March to discuss new product with Carl Laemmle. Thirty-six features are scheduled, exclusive of westerns, which will be decided upon later. This season the company is making eight with Ken Maynard. East End to Fanchi Abel Fanchi has acquired the East End Theatre. "Spanky" Back on Job Hollywood, Jan. 17. — "Spanky" McFarland of Hal Roach's Our Gang comedies has recuperated from an at- tack of whooping cough and is back on the set. John W. Swallow, who has produced a number of shows for the radio, is technical director for "Babes in Toyland." Cohn Reaches Coast Hollywood, Jan. 17.— Harry Cohn is back from New York. UB EEC. LI 3™ IS THE DATE Coupes Phaetons Sedans Limousines Cabriolets comfort ease luxury Fox Staff Tenders Farewell to Yorke Gabe Yorke was guest of honor at a farewell dinner tendered by mem- bers of the Fox advertising and pub- licity staffs at Cavanagh's last night. Yorke leaves tomorrow for the coast to take over Arch Reeve's job as studio publicity director. Reeve will replace Yorke as advertising manager in the home office. Those present were : Charles E. McCarthy, Earl Win- gart, Carl Mos, Joel Swenson, Al Margolies, Louis Shanfield, Kenneth Fagg, Leonard Gaynor, C. N, Odell, Morris Helprin, Elliott McManus, Abe Goodman, Charles Goldie, Ar- thur Dickson, Jim Clark, Roger Ferri, Lee Balsly, Harold Gutman, Davis Sorokin, Arnold Cohen, Gordon White, M. L. Ahern, Jan Hogenbyl, William Freedman, Jules Smolen, Dan Daugherty, Harry Spitzer, Ben Haber, Fred Bullock. " $15,000 for Improvements Approximately $15,000 is to be spent by Fox for renovating the New York exchange. Improvements start this week. Ohioans Confer on Tax Cleveland, Jan. 17. — P. J. Wood is due here tonight to confer with M. J. Horwitz, Henry Greenberger and Nat Charnas on a campaign for elimination of the admission tax. "U" Moves About Mar. 20 Universal plans to move into the RCA Bldg. around March 20. Part of the ninth and all of the 10th, 11th and 12th floors will be occupied by the company. ASC Signs New Dear With Major Studiol Hollywood. Jan. 17. — Following hi installation as the new business ma ! ager for the American Society j Cinematographers, Allan Watt d] vulged that the ASC had signed I five-year working agreement with £ I major studios calling for a closH shop for ASC members. The agreement calls for the I. x\ T. S. E. scale, which is held to hav been canceled by the start of the r cent strike. Improved working cond i tions are called for. Any future wall] out will be controlled by a major!' of the membership. The pact will be presented to tl full membership Mondav night for ra ification. It is claimed that the AS ; now represents 70 per cent of tl recognized cameramen and that it e:i pects to have 100 per cent as soon i the agreement is adopted. Edward Poland Dead Portland, Me., Jan. 17. — Edwai Poland, actor and for many years po laureate of the Lambs in New Yor died at his home on Peaks Island ye terday. He was 79 years old. Seigel-Weinberg Join Arthur Seigel of Warners. Newarl and Dan Weinberg, formerly Nc. Jersey booker for Skouras, haV| formed a partnership and taken ove the Ramsey, Ramsey, N. J. Using Parvo Camera Metropolitan Pictures Corp., con mercial producers, have installed i their studios the new Super Siler Parvo Camera, manufactured by Ar dre Debrie. Inc. "Gallant Lady" is one of the finest pictures United Artists has ever released. Congratulations to Darryl F. A swell audience picture! Ann Harding at her best Za n uck General Manager of Riti and Empress Theatres St. Louis, Mo. C . Evens Manager Loew's State St. Louis, Mo. The Leading Daily Newspaper dt the Motion Picture Industry MOTION PICTURE DAILY Alert, IntmM&H OL. 35. NO. 16 IN TWO SECTIONS NEW YORK, FRIDAY, JANUARY 19, 1934 SECTION I TEN CENTS Kansas City Again Seeks Rosenblatt to Have an Aide Price Pacts Here Tuesday 'ox Midwest Joins in Dicker with Loew's Kansas City. Jan. 18. — Undeterred ¥ previous failures. Independent heatre Owners and Fox Midwest are gain attempting to bring about some !mblance of normality in admission rice scales and to stem the trend ward cutting. With the Loew's Midland 25-cent rice still the bone of contention. Fox Jidwest has joined the independent -jburbans in making new overtures > Col. E. A. Schiller of Loew's. Jay leans, president of the independents, .vs his organization wants to aseer- .in whether Colonel Schiller remains illing to raise the too at the 4.000- -eat first run. Several months ago •oew's offered to hike the price if the ubsequents would eliminate double (Continued on fane 4) ?risco Theatre Men Organize New Group Sax Fraxcisco, Jan. 18. — District eatre owners have banded together r the purpose of combating adverse cal ordinances and obtaining reduced rense fees. The organization has •en uniquely termed the San Fran- sco Theatre Owners' Chamber of Dmmerce. The group will hold its ;xt meeting Jan. 23. when the ques- on of double billing and its possible moval will be discussed. Charles Skouras and Arch Bowles, 1 W. C have been invited to give eir unofficial opinions at the meet- (Continued on pane 4) leport B. & K. Gets Toledo's Paramount Toledo. Jan. 18. — It is understood at the local Paramount holdings, •nsisting of the 3,500-seat Para- mount, and the 1.000-seat Princess, tretofore operated by John Balaban, ill be acquired by Balaban and Katz ider the terms of a new contract rtually completed between Para- ount and John and Barney Balaban. Elections of Ampa Shifted to Oct. 1 . Instead of holding the annual elec- ■ons on May 1, the Ampa yesterday nended its constitution so the yearly rting contest will be held on Oct. 1. (Continued on page 4) Farnsworth Will Attend Authority Session Although unusual in governmental procedure. Washington will have an official representative at the next Code Authority meeting despite ab- sence of Division Administrator Sol A. Rosenblatt on Jan. 23. Rosenblatt, who leaves the capital this afternoon direct for Chicago, where he'll board the Chief, bound for Hollywood, has named William P. Farnsworth, deputy administrator, to substitute for him at the session next Tuesday at the Bar Ass'n Bldg. Accompanying Rosenblatt will be his wife and William Doherty, one of the division administrator's assist- Delaware-Maryland MPTOA Signs Code Wilmixgtox. Jan. 18. — Independ- ent M.P.T.O.A. of Delaware and East- ern Shore of Maryland met at Harring- theatre advisory committee will not entire membership, individually sign- ing the code. President A. Joseph De Fiore, who presided, stated that the organization was more solid than ever before. A general meeting will be called at Harrington within 10 days after the Code Authority appoints a zon- ing and grievance board for this sec- tion. Rumor Rosenblatt to Scan Casting Bureau Hollywood, Jan. 18 — One of the chief topics of business to envelop Division Administrator Sol A. Rosenblatt upon his arrival from Washington on Mon- day is an investigation of the Central Casting Agency, it is reported here. Rosenblatt will be met at the sta- tion by a cordon of Department of Justice men who are understood to be commissioned to assist Rosenblatt on his errand in Hollvwood. Authority Sets Back Sessions Upon Rules Further meetings of members of the rules and regulations committee of the Code Authority have been post- poned until the authority is set in its headquarters at the RKO Bldg. One meeting was held in J. Robert Rubin's office, but all future sessions will be in Radio City. Wires Pour In Believe it or not, the Code Authority received 50 tele- grams from Seattle in one day, the senders all recom- mending a certain person for the post of secretary of the clearance and zoning and grievance boards in that city. This incident goes one bet- ter the 15 wires sent in by theatre managers of a circuit suggesting the owner of the circuit for one of the posi- tions on a New York zone board. Code Boards List Raised By 56 Names With 56 names released yesterday by the Code Authority as recommen- dations for posts on the 32 clearance and zoning and grievance boards, the total now reaches 748, according to Motiox Picture Daily's card index compilation. This does not include duplications in any city. Fifteen exchange centers are cov- ered in the latest list, which includes secretaries of Film Boards of Trade, independent and circuit men, and in- dependent and major exchange repre- sentatives. For the first time, an edu- cator has been named, although pre- viously a judge from the Kansas City (Continued on page 4) Cancellation Rule Surprises Locally Local exchange heads yesterday registered surprise at the' decision handed down by Division Administra- tor Sol A. Rosenblatt in Washington making: cancellations retroactive to Dec. 7. All employes recently attended two sessions at the Edison Hotel when Louis Nizer, secretary of the Film Board of Trade, at which time the opposite to what was announced yes- terday was explained. NRA to Study Vaude Chorus Pay Protests Washington, Jan. 18. — Protests of vaudeville representatives against film code provisions regarding chorus wages and rehearsal and layoff wages, submitted to Division Administrator (Continued on page 4) New Plan for FWC Expected About Feb. 15 F. & M. May Take Over Half Dozen Houses Los Angeles, Jan. 18. — Reorgani- zation of Fox West Coast is expected to be completed around Feb. 15, at which time Spyros Skouras is due from New York for final conferences with his brother, Charles, and the re- ceivers. When the plan is worked out, about six houses will be turned over to F. & M. under a special agreement. Included in the sextet _will be units at San Francisco, San Jose and Oak- land. Louis Cohen, realty expert for F. & M., has delayed his trip east, as he is completing the details of the Skouras-F. & M. deal for Mike Marco. Para. Partners to Elect 4 Advisors Names of the four additional mem- bers to be appointed to the Paramount theatre advisory committee will not be announced until meetings of the circuit's partners in Minneapolis, Chi- cago, New England and Dallas are held. At these meetings interests iden- tified with the partners will elect the men to be appointed to the national council. E. V. Richard and N. L. Nathanson already have been named by their groups and today a meeting is to be held in Dallas at which time it is expected R. J. O'Donnell will be elect- (Continued on page 4) MOTION PICTURE DAILY yTUDIO N ULMB€R Section 2, Today MOTION PICTURE DAILY MOTION PICTURE DAILY (Registered U. S. Patent Office) Vol. 35 January 19, 1934 No. 16 Martin Quigley Editor-in-Chief and ^Publisher MAURICE KANN UDA Editor \SSr n JAMES A. CRON jjK. Advertising Manager SZU, 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. Clifford, manager; London Bureau: 1021 A Flnchley Road, Golders Green, Bernard Charman, Representative; Berlin "Bureau: Berlin-Tem- pelhof, Kaisenn-Augustastrasse 28, Joachim K. Rutenberg, Representative: Paris Bu- reau: 19, Rue de la Cour-des-Noues, Pierre Autre, Representative; Rome Bureau: Viale Gorizia, Vittorio Matpassuti, Representative; Sydney Bureau: 102 Sussex Street, Cliff Holt, Representative; Mexico City Bureau: Apartado 269, James Lockhart, Representa- tive; Glasgow Bureau: 86 _ Dundrennan Road, G. Holmes, Representative; Budapest Bureau: 11 Olaaz Fasor 17, Endre Hevesi, Representative. 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. Notables at "Fashions" Many notables were in attendance at the world premiere of Warners' "Fashions of 1934" last night at the Hollywood Theatre. Among them were Princess Kropotkin, Prince Mat- chabelli, Doris Duke, Whitney Bourne, Dolores Del Rio, Tallulah Bankhead and Mr. and Mrs. Samuel Goldwyn. A feature of the opening was a fash- ion parade on the stage of the the- atre in which were displayed crea- tions by Orry-Kelly, Hollywood stylist, worn by players in the film. The lobby display included the orig- inal sketches of these and other cos- tumes. Laemmle, Jr., East Soon Hollywood, Jan. 18.— Carl Laem- mle, Jr., will leave Hollywood Jan. 27 for New York, where he will sail on the lie de France for a vacation in Europe. Eastman, Columbia Up One Point High Low Columbia Pictures vtc 25% 24% Consolidated Film Industries 3% 3% Consolidated Film Industries pfd 12% 12% Eastman Kodak 85% 84% Eastman Kodak pfd 121 121 Fox Film "A" 14% 14% Loew's, Inc 27% 25% Loew's, Inc., pfd 80J4 80% Paramount cts 3% 3 Pathe Exchange 1% 1% Pathe Exchange "A" 12^ 11% RKO 254 2% Warner Bros 6% 5% Close 2554 3/8 12% 8454 121 14% 27% 80% 3 154 11% 2% 5% Net Change +i - % - % - % +i + % + % Trans Lux Loses Eighth High Low Close Technicolor 9% 9% 9% Trans Lux 2% 2% 2% + % - % Net Change Pathe Bonds Drop iy2 Points High Low Close C Net General Theatre Equipment 6s '40 ctf. Keith, B. F., 6s '46 Loew's 6s '41 ww deb rights Paramount F. L. 6s '47 Paramount Publix 5%s, '50 Pathe 7s '37 ww 6% 5% 6 6% 5% 6% 5754 56% 56% 89% 8954 89% 40 39% 39% 38% 37 38% 8854 87 87 46% 46% 46% + + % + % + % - % - % -1% - % Sales 400 100 700 600 6,000 300 29,100 100 6,700 400 200 3,200 5,000 Sales 500 100 Sales 122 94 22 4 Purely Personal ► HE BUXBAUM today celebrates • his 45th birthday and he will be given a surprise party at his home by friends. As one birthday gift, his doctor has put him on a strict dairy diet. George J. Schaefer didn't return from the south yesterday as expected, and, according to latest reports, he is due back today. Bert Sanford, eastern division sales manager for Erpi, leaves Mon- day for a sales trip through upper New York state. Nicholas M. Schenck has fully recovered from a bad cold and is back on the job again. Arthur production Service. Brtllant has joined the staff of National Screen David Manners will return Jan. 25 from Europe, where he has been making a picture for Gaumont British. Al Lichtman and E. A. Alperson munched their food together yesterday afternoon. Sam Dembow, Jr., returns either today or tomorrow from the south. George Skouras is in Chicago these days. TWO LITTLE WORDS THAT MEAN A GOLD MINE FROM WARNER BROS. Gaumont to Open on Coast Hollywood. Jan. 18.— Gaumont- British will soon open a branch office here with George W. Weeks, former general sales manager for Paramount, in charge. Local distribution will be handled, but the office will not inter- fere with deals already made with national distributors, according to Ar- thur A. Lee. Col. Doing Mexico Film Hollywood, Jan. 18.— Columbia is making a picture in Mexico in co- operation with Miguel Contreras Torres called "Juarez and Maxi- milian" for distribution in Spanish speaking countries. It will be a cos- tume picture. Hays Silent on Trip Albuquerque, Jan. 18.— Will H. Hays refused to make any comment on film conditions when he passed through here today en route to the coast. On the same train are Mr. and Mrs. Roy Howard of the Scripps- Howard papers. They are on their way to Honolulu. Nazi Film in Portland Portland, Jan. 18— "S A Man Brand," first Nazi film passed by the local censors, is booked for a week starting next Tuesday at the Taylor St. Theatre. A heavy exploitation campaign is creating general discus- sion and excitement. Pollard to Film Ball "Bud" Pollard intends to film the Beaux Arts ball at the Waldorf- Astoria tonight. He will release the show as a short and hopes to get as many society figures in it as possible. 2 "Christina" Openings "Queen Christina" opens tomorrow at the Ohio, Cleveland, and the Majes- tic, Boston. Further dating of the roadshow awaits reaction on these dates. Frank C. Walker Resigns Washington, Jan. 18. — Frank C. Walker has resigned as treasurer of the Democratic National Committee. NEWS OF THE WEEK IN PHOTO-REVUE THREE STARS from News- "most vigorous since 'I'm A Fugitive"' says Herald - Tribune — 'magnifi- cent', rave others as Barthelmess' 'Massacre' slays N. Y. critics.0 IANDLED WITH GLOVES is Ginger logers in 'Upper World', Ben Hecht r iginal now in Warner cutting-room. * f m DAZZLING $10-TOP PREMIERE of 'Fashions of 1934' at N. Y. Holly- wood starts noted Warner extrava- ganza on round of big-time dates.0 'CLICKING', flashes Variety, as Muni- ficent gross piles up for 'Hi, Nellie!' in first date at Earle, Washington.* EVEN THE SKULL GRINS at Joe E. Brown's antics in 'A Very Honorable Guy', just com- pleted at Warners' Burbank studios.0 *A Warner Bros. Picture °A Firs! National Picture Vilagraph, Inc., Distributors I r AS MILLIONS HEAR, Dolores Del Rio opens mammoth 'Won- der Bar' campaign with nationwide broadcast over NBC hookup.0 MOTION PICTURE DAILY Friday, January 19, 1934 Code Boards List Raised By 56 Names (Continued from page 1) Federal court had been mentioned. The professor is Wesley A. Sturges and his name was submitted from New Haven. Recommendations close midnight to- morrow night and any suggestions postmarked after that time will be discarded. The newest schedule of names fol- lows : Albany— M. J. Kallett. Boston — J. J. McGuinness, John J. Ford, Thomas J. Meehan, Victor J. Morris, Franklin F. Plimpton. Charlotte— Mrs. Walter Griffith. Dallas— S. G. Howell. Denver — Duke W. Dunbar. Des Moines — Abe Frankel, John Ander- son, Joe Weaver, Jake Cohen, George Weigman, Wesley Mansfield. Columbus — Max Stearn. Indianapolis — Alex Manter, J. Goldberg, Junius Fushaneas, U. V. Young. Milwaukee — L. F. Thurwachter, A. C. Gutenberg, R. J. Baldwin, R. S. Guiterman, R. T. Smith. New Haven — I. J. Hoffman, George Cru- zen, Edward G. Levy, Prof. Wesley A. Sturges, B. E. Hoffman, Louis M. Sagal, Samuel Weiss, Adolph Johnson, William J. Brennan, Albert Pickus, J. L. Shulman. Omaha— B. B. Holdridge, I. N. Kuhl, Ray Felker. Philadelphia — George P. Aarons, Reese B. Harrington. Los Angeles — Arnold Schaak. St. Louis — Steven Farrar, Mrs. Grace Rodgers, Leo F. Keiler. Washington/ — Carl Schwartz, J. B. Dashiel, E. A. Plummer, Hardie Meakin, Carter Barron, William P. Herbst. Sidney Lust, A. Lichtman, John Hiser, Rudolph Berger, Harry Hunter. NRA to Study Vaude Chorus Pay Protests (Continued from page 1) Sol A. Rosenblatt today, resulted in a decision to ask the Code Authority to appoint a committee to study the ques- tion. Recovery Administration officials are said to look" coldly upon efforts now to secure changes in the code, it being pointed out that the agreement was under discussion for several months and that ample opportunity was then afforded for the lodging of protests. Ushers' Strike Is Averted in Capital Washington, Jan. 18. — When Loew's attempted to cut ushers at the Earle, Palace and Fox here to 25 cents an hour, they threatened to strike. This was averted at a general meeting when the men were told sal- aries would not be cut. It was ex- plained that only new help would be put on the minimum hourly rate. Ohio Valley League Votes to Sign Code Cincinnati, Jan. 18. — Members of the Ohio Valley Independent Exhibi- tors' League, at a meeting here, voted to sign the code with reservations. The organization was formed a few months ago to replace the Greater Cin- cinnati M. P. Exhibitors' League and the Ohio Allied unit. STATE TOWN EXCHANGE TERRITORY THEATRE CAPACITY AFFILIATED WITH NOT AFFILIATED OWNER □ OR LESSEE □ DATE ASSENT RECEIVED FIRST RUN Q SUB. RUN □ REMARKS This is how index cards used by Code Authority for filing code assents look Kansas City Again Seeks Price Pacts Frisco Theatre Men Organize New Group (Continued from page 1) ing. The invitations to Bowles and Skouras are indications that the or- ganization in no way conflicts with first runs. Current meetings are being held in- formally, with no officers elected. Bob McNeil, Golden State; Carol Nathan, Marina ; Ben Levin, Levin theatres ; Irving Ackerman, Casino, and George Nasser, Nasser Bros, theatres, are members. Roxy to Alternate M.C.'s on Programs Alternating masters of ceremonies is the new plan at the Roxy. Rube Wolfe, who enters his second week at the house today, will continue for a number of weeks and then be re- placed by Dave Schooler for a limited engagement. Schooler will probably be followed by Wolf or another m. c, but the plan to have these men on the bill intermittently will be the policy from now on. Tom Olsen Joins Schine Bellefontaine, O., Jan. 18. — Tom Olsen, previously in charge of three F. W. C. spots as district manager, has been appointed to a similar post for Schine Enterprises, with jurisdic- tion over the Holland here and the circuit's house at Piqua. He succeeds George Reister, who has received a Skouras district assignment in the Philadelphia region. Akron, Canton Vaude Out Akron, Jan. 18. — Vaudeville goes out at Loew's here and at Canton on Jan. 26, when the two houses revert to straight pictures. The combination policy has been in effect at both stands since the start of the season, but left something to be desired from the box- office angle. Lafayette Drops Vaude Buffalo, Jan. 18. — Vaudeville has been dropped at the Lafayette after a month. Operate on Rappaport Baltimore, Jan. 18. — Isidor M. Rappaport, operator of the Hippo- drome, has just undergone an opera- tion to have his tonsils removed. He will remain away from the theatre for several days for a complete rest. Returns to M-G-M Hollywood, Jan. 18. — Frances Ma- rion returns to the M-G-M lot again after a brief absence. She has been signed by Irving Thalberg to write an original. Elections of Ampa Shifted to Oct. 1 (Continued from page 1) The fiscal year also was changed from beginning Sept. 1 to beginning April 1. Sardi's was dropped as the regular meeting place in favor of the Para- mount grill. Four big meetings were designated. Jan. 25 will be known as RKO Day, with Frank Buck, Ruth Etting, Mitzi Green, Walter Huston, Tony Carimetti and Roger Baldwin attending. Feb. 1 will be the day when publicity girls of all companies will hold sway and no men will be invited. Feb. 8 will be Eddie Dowling Day and Feb. 21 will be Trade Paper Day. Amity -Educational Suit Will Continue No settlement out of court will be made by Amity Pictures of its suit against Educational seeking $100,000 damages for alleged "improper dis- tribution," it was said yesterday by H. William Feitelson, of Feitelson and Mayer, counsel for Amity, after an offer from the defendants was turned down as insufficient. Amity will press its suit in court, with the opening shot scheduled to be fired on Jan. 25, when Earl Hammons, head of Educational, will be examined in Supreme Court. Para. Partners to Elect 4 Advisors (Continued from page 1) ed. A. H. Blank will shortly gather his clan in Minneapolis, Barney Bala- ban will call a Windy City session and Marty Mullin will hold a confab in New England within the next few weeks. Crinnion Closes Deal John M. Crinnion has closed a deal with the M. C. Howard Distributing Co. for a new outlet for Amity Pic- tures in the Atlanta territory. Reeve Due Next Week Hollywood, Jan. 18. — Arch Reeve leaves for New York Tuesday, the day following arrival of Gabe Yorke from the east. To Start Dog Series Production will be started by Su- perior Talking Pictures, Inc., this month, on a series of 12 featurettes featuring Tarzan, the Police Dog. ((Wild Birds" Changed Hollywood, Jan. 18. — Don Tothe- roh's play, "Wild Birds," will be re- leased by Radio under the title "Two Alone" late this month. (Continued from page 1) bills, giveaways, two-for-ones, etc., but the independents resisted. Renewal of negotiations indicates the local suburbans are now willing to offer some sort of concession, but they are not saying what it might be until they hear from Loew's home office. In the meantime, there is no dis- position to increase scales and no let- up in practices termed "price evasion.' ! If anything, the trend is toward a de- crease and the independents considei the situation as serious. The Isis, de luxe Fox suburban, re cently started double billing on cer j tain nights, at the same time slashing \ the price from 25 cents to 15 cents< This policy has increased the gross according to reports. One of the lead ing independents, operating two houses distributes dated passes over a widi suburban area as a regular policy Publix has reopened the Royal, down town, on a schedule of twin bills a 15 cents, any time. About the only success so far in at tempts at price stabilization has con sisted in inducing some managers t eliminate bargain prices for Sunda matinees. While Samuel Goldwyn recent! | told Motion Picture Daily he op posed showing his product, at thj Midland's low price, Goldwyn fea tures are shown at the regular pricA/iA T/OA/ WHERE THE WORLD LOOKS FOR MOTION PICTURE wucs IC22 £ct5 A Question ANSWERED WHAT big picture today does not in- clude backgrounds that call for com- posite photography? The answer is obvious. . . . The really vital point is: what medium to use in photographing these important backgrounds? . . . Eastman has answered that question. Eastman Background Negative, with its remarkably fine grain, its surprising speed, and its excellent processing charac- teristics, completely solves the film prob- lem of the composite shot. Eastman Kodak Company. (J. E. Brulatour, Inc., Distribu- tors, New York, Chicago, Hollywood.) EASTMAN Background Negative It Moves Fastest The extreme ends of the nation — Holly- wood and New York — are only minutes apart in the fast, news coverage system em- ployed in the day-by-day production of Motion Picture Daily. By wire, telephone and air mail, sixty corre- spondents, resident out in the field where the film industry is, are writing trade his- tory daily. You'll find it all, plus telegraphed box-office reviews and straight - from - the - shoulder reviews, in this or any other edition of the industry's livest, fastest-moving daily newspaper. MOTION PICTURE DAILY 1790 B roadway, New York City Subscription rate: $6 a year The Leading Daily p. Newspaper of the Motion Picture Industry MOTION PICTURE DAILY Alert, Intelligent and |P» Faith full j§ Service io^ the Industry in All Branches VOL. 35. NO. 17 NEW YORK, SATURDAY, JANUARY 20, 1934 TEN CENTS Warners Back On Operating Profit Basis First Quarter Since '30 $105,752.86 to Good For the first quarter since 1930 Warner Bros. Pictures, Inc., and sub- sidiaries report an operating profit. jThe total is $105,752.86 after deduct- ing all charges, including interest, amortization, depreciation and pro- visions for Federal income taxes for the quarter ending Nov. 25, 1933. This compares with a net operating loss of $1,746,761.95 for the same quarter in 1932. Net profit from operations before amortization and depreciation and Federal income taxes was $1,933,- (Continued on page 4) Federation Urged To Enter Ad Code The committee on standards of the Federation of the M. P. Industry, originally designed to draw up codes )f ethics for independent production and advertising, submitted a report o the executive board of the federa- ion yesterday recommending that members of the organization utilize, nstead, the M. P. P. D. A. codes and he boards set up to enforce them. The Hays boards include the studiG elations office in Hollywood under Dr. James Wingate and the adver- (Continued on page 4) Report McDonough to Set Policy at Radio Hollywood, Jan. 19. — J. R. Mc- )onough's visit to the Radio studios tere is understood to be for the pur- ose of getting first hand information sgarding production and to try to ■rrive at some sort of basis for a Dnclusion on whether the unit system better than a one-man policy, i After he has obtained all the facts .adio's production policy will be an- ounced, it is said. Inasmuch as Mer- n C. Cooper's agreement expires larch 1, a new deal probably will be iade. iatz, Franklin and Moss Hold Meeting Sam Katz, B. S. Moss, and Harold . Franklin yesterday held an im- ortant conference at the Monarch Theatres headquarters. David Chat- in, in from Cleveland, also attended. Majors to Fight Rule on Cancellations to Dec. 8 Film Strike Hard Blow in Kansas Town Manhattan, Kan., Jan. 19. — The havoc that can be raised by closed theatres with the economic life of a community was demonstrated in this college town when three houses dark- ened for four weeks through the prof- itable holiday season in an attempt to force city officials to permit Sunday shows. Reopened after a losing fight on a six-day basis, the theatres are recoup- ing their lost income and the town's merchants are smiling again. The controversy plunged Manhattan into seething debate. At first, it was largely the moral issue that came to the surface. But as business men re- alized Glen Dickinson, operating the Wareham and Dickinson, and Sam (.Continued on page 4) Columbia Men Hold Sales Confab Here Columbia will hold the first of a series of regional sales meetings today at the home office. This one will be for the eastern division, with Abe Montague, general sales manager, presiding. The next session will be next Saturday in Chicago with Jerry (Continued on page 2) Await High Court's Ruling Upon Leases A Supreme Court ruling which will affect $3,557,000 in lease claims against Publix Enterprises, bankrupt, is expected to be handed down in March. The action involved was initiated in connection with lease claims filed against United Cigar Stores and is (Continued on page 4) Publix Enterprises Leaving Para, Bldg. Offices in the Paramount Building used during the past year for admin- istration of Publix Enterprises in (Continued on page 4) Pull Triple Loan Hollywood, Jan. 19. — An un- usual twist to the loan sys- tem came to light yesterday when M-G-M entered into agreements for three players from as many studios. From Columbia a deal was made to borrow Donald Cook for a role in "Viva Villa." An agreement with 20th Cen- tury found Leo getting Fay Wray for the same picture. Universal loaned out Onslow Stevens for "It Happened One Day." Coast Poised For Arguments To Rosenblatt Hollywood, Jan. 19. — Anticipating that various organizations and labor groups will pounce upon Division Ad- ministrator Sol A. Rosenblatt on Mon- day with complaints of every conceiv- able nature, producers will go into a huddle with Will H. Hays over the week-end for the purpose of formulating plans to combat squawks reflecting upon them. They may also discuss methods of having one centralized organization to be spokesman for the creative branches of the industry. This points to a revitalized Academy, as they are disinclined to recognize the Writers' and Actors' Guilds as official spokes- (Continued on page 4) Income Tax in '31 Hit 3,061 Concerns Washington, Jan. 19. — Although 8,802 amusement corporations filed tax returns for 1931, only 3,061 showed net income for the year, it was dis- closed today by the Internal Revenue Bureau. Statistics of income compiled by the bureau show that these 3,061 cor- porations had a gross income for the year of $388,961,000, net income of $35,749,000 and net losses for prior (Continued on page 2) Contend Code Does Not Affect Pacts Made Before Signing That Division Administrator Sol A. Rosenblatt had no authority to rule that the 10 per cent elimination clause of the code would apply on product released after Dec. 8, even though contracts were made before that date, is the opinion held by major com- pany legal departments questioned here yesterday. Counsel for the major companies contend that the question of whether or not the clause is retroactive is not settled in the code itself and, there- fore, is a matter of contract to be decided by individual company policy. It was intimated that distribution companies would oppose Rosenblatt's ruling, by taking the matter to court if attempts were made to apply this interpretation to contracts made prior to Dec. 8. Legal representatives of the distrib- utors contend hat no code for any industry has been permitted to dis- turb existing contracts land if an attempt was made in this industry it would be a matter for a law court, rather than a code board, to settle. Several described the Rosenblatt (Continued on page 4) Authority Issues 36 New Selections Another list of selections for zon- ing and clearance and grievance boards was made public today by the Code Authority. It includes 36 names from 12 exchange centers, making the total to date 782. Among them is the second college professor to receive a recommenda- tion. He is Professor E. V. Hollis (Continued on page 4) Bareford Goes West; Is Warner Alternate Harold S. Bareford, legal aid of Warner Brothers, left yesterday for the coast with his wife to meet Harry M. Warner. Bareford is alternate for Warner on the Code Authority and his absence from New York next Tuesday leaves the Warner president without representation at the meeting. Mrs. Sol A. Rosenblatt was on the same train. Her husband joins her at Chicago this morning. MOTION PICTURE DAILY Saturday, January 20, 1934 MOTION PICTURE DAILY (Registered U. S. Patent Office) Vol. 35 January 20, 1934 No. 17 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 *ork. 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 CH1- CAGOAN. Hollywood Bureau: Postal Union Life Building, Vine and Yucca Streets, Victor M. Shapiro, Manager; Chicago Bureau: 407 South Dearborn Street, Edwin S. Clifford, manager; London Bureau: 1021 A Finchley Road, Golders Green, Bernard Charman, Representative; Berlin Bureau: Berlin-Teni- pelhof, Kaiserin-Augustastrasse 28, Joachim K. Rutenberg, Representative; Paris Bu- reau: 19, Rue de la Cour-des-Noues, Pierre Autre, Representative; Rome Bureau: Viale Gorizia, Vittorio Mdlpassuti, Representative; Sydney Bureau: 102 Sussex Street, Cliff Holt, Representative; Mexico City Bureau: Apartado 269, James Lockhart, Representa- tive; Glasgow Bureau: 86 Dundrennan Road, G. Holmes, Representative; Budapest Bureau: 11 Olaaz Fasor 17, Endre Hevesi, Representative. 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. Flash Reviews "Coming Out Party" (.Fox) Hollywood, Jan. 19. — Aimed at women, this picture should please as program evaluation. . . . "16 Fathoms Deep" (Monogram) There is a moderate amount of en- tertainment in it. . . . The biggest asset is its photography. Full reviews of these films will appear in a later issue of Motion Picture Daily. MOTION PICTURE ALMANAC 1954-55 NOW /A/ P/i£PA/iAT/OA/ WHERE THE WORLD LOOKS FOR MOTION PICTURE ,5, Income Tax in '31 Hit 3,061 Concerns (Continued from page 1) years of $3,166,000. The total income tax collected from these corporations was $3,496,000. The 4,657 amusement corporations showing no net income had a gross income for the year of $735,980,000 and a deficit of $61,152,000. The re- maining 1,084 corporations were in- active and had no income. Analysis of the amusement returns showed that 234 were filed by film producers, 54 of which reported gross income of $29,696,000 and net income of $2,698,000, paying a tax of $318,000, while 145 had a gross income of $412,- 252,000 and a deficit of $11,372. Thir- ty-five producing corporations were inactive. Returns were filed by 2,387 picture theatre corporations, 1,167 of which, with gross income of $276,519,000 and net of $26,005,000, paid a tax of $2,- 638,000, while 72 were inactive, and 1,148, with gross income of $208,133,- 000, showed a deficit of $21,582,000. Houston Turns Out To Welcome Horwitz Houston, Jan. 19.— Nearly 3,000 citizens turned out at the City Audi- torium to welcome Will Horwitz back home after he had served seven months in the Leavenworth prison for operation of a lottery in connection with a radio station at Reynosa, Mexico. Rev. William States Jacobs presid- ed. Addresses were made by city commissioners and attorneys. Hor- witz responded "and said he would de- vote himself entirely to his theatres in the future. Labor unions sponsored the gather- ing. Rogers and Warner Reported in Dicker Hollywood, Jan. 19. — H. M. War- ner is week-ending at Agua Caliente with Charles R. Rogers and rumors are current that the latter will join Warners as a producer on the basis under which he has been oper- ating at Paramount. Court Hears Allied Theatres' Arguments Counsel for Manufacturers' Trust Co., trustees under an indenture for $9,000,000 in bonds issued by the Allied Owners Corp., yesterday asked Federal Judge Robert A. Inch of Brooklyn for permission to foreclose on five theatres of the concern — Loew's Valencia in Jamaica, the Pitkin, the Kings and the Paramount in Brook- lyn and a theatre in Birmingham, Ala. It was contended that all efforts to reach an agreement with the trustees in bankruptcy for Allied Owners Corp. had proved unsuccessful during the last five months. Counsel for the trustees in bankruptcy, Monroe Gold- water, opposed the foreclosure appli- cation and said that the Manufacturers Trust Co.'s only interest was in get- ting the fees and in the welfare of the bondholders. Goldwater said that three of the theatres have been in- cluded in a purchase agreement with Loew's, Inc., who are willing to pay $10,000,000 for them. However, Loew's, Inc., has recently refused to make the $58,000 monthly payments called for in the purchase agreement on the ground that it cannot be as- sured that the trustees can legally turn over the theatres to the buyers. Judge Inch directed that memoranda be exchanged and that all papers in the case be submitted to him for decision next Wednesdav. Court to Act Upon Appeal by Quittner An action furthering an appeal of the Edward Quittner monopoly suit against major distributors for $5,- 200.000 triple damages was assigned yesterday to Federal Judge Francis G. Caffey to be heard in chambers next Friday. The action seeks leave to determine the content of the rec- ord to be submitted to the U. S. Cir- cuit Court of Appeals. If decided in Quittner's favor, the plaintiff will be ready to proceed with the appeal at once, according to his attorneys, Graham & Reynolds. An adverse de- cision would mean a further delay in bringing the action before the higher court, it was said. Quittner's suit was dismissed by the U. S. District Court here after a lengthy trial last Spring. Many Stocks Take Big Profits Net Hiirh Low Close Change Columbia Pictures, vtc 2634 2S?4 26^4 +154 Consolidated Film Industries 354 354 354 + ZA Consolidated Film Industries pfd 135i 12?4 1356 + Si Eastman Kodak 87 84$4 8654 +1?4 Eastman Kodak pfd 120 120 120 —1 Fox Film "A" 1554 14 1554 +l'/4 Keith-Albee-Orpheum pfd 20 20 20 +5 Loew's Inc. ." 2954 27 2954 +2 Loew s Inc. pfd 80 80 80 — 54 Paramount cts 354 2% 356 + % Pathe Exchange \% 1^ \% +% Pathe Exchange "A" 12^ 1154 123S + 34 rko M 2-5/8 3 +y4 Universal Pictures pfd 24 23 24 +1 Warner Bros. 634 5% 634 + % Warner Bros, pfd 2034 1854 20% +4Vs Technicolor in ys-Point Loss Net „ , . , High Low Close Change lechnicolor 914 9 9^ — % Paramount Publix Declines V2 Net /- , rr, . , High Low Close Change General Theatre Equip. 6s '40 654 654 &/, + rf General Theatre Equip. 6s '40 ctf 654 654 654 .... Loew's 6s '41 ww deb rights 90 90 90 + 54 Paramount F. L. 6s '47 397/ 3974 3974 I (1 Paramount Publix 554s. 'SO 37 37 37 Iv Warner Bros. 6s '39 wd 4654 453,4 46 — 54 Sales 200 100 700 2.000 2.000 500 100 10,500 100 6.400 100 100 2.700 2.000 3,600 100 Sales 400 Sales 9 1 1 2 2 12 Columbia Men Hold Sales Confab Here (Continued from page 1) Safron, eastern division sales man- ager, attending. One of the principal topics of dis- cussion will be special campaigns for "It Happened One Night," "No Great- er Glory," "Twentieth Century" and "Red Square." Home office executives who will at- tend will be: Jack Cohn, vice-presi- dent ; Abe Montague, Rube jackter, Louis Weinberg, J. W. MacFarland, Lou Astor, Milton Hannock and Maurice Grad. Sam Moscow, south- ern division manager, will represent the southern offices. Eastern division men to attend will be: Branch Man- agers, Nat Cohn and Ed Schnitzer. New York; C. N. Johnston, Albany; T. F. O'Toole. Boston: Joe Miller, Buffalo; I. H. Regovin, New Haven; H. E. Weiner. Philadelphia: A. H. Levy, Pittsburgh, and S. A. Galanty, Washington. Laemmle's Birthday Is Observed at "U" I Iollywooi), Jan. 19. — Celebrating Carl Laemmle's 67th birthday, Uni- versal executives, directors, writers and contract players gathered on one of the stages to help him partake of a 67-pound cake. In the evening the veteran producer was host to 100 business associates, at his Beverlv Hills home. SMPE Board Meeting The S.M.P.E. board of directors' met yesterday to discuss the changes in membership proposed at the last meeting of the society. If the new plan is accepted, two classes of mem- bership will be supplemented by a third, to be known as "fellows," with a fee of $20 annually. A reduction of membership fees was also discussed with the decisions of the board to be made public some time today. Para. Starting Five Hollywood, Jan. 19. — Five produc- tions are being placed in work this week at the Paramount studios with the arrival of Adolph Zukor on the coast. Thev are "Melody in Spring," "The Man 'Who Broke His Heart,"- "The Baby in the Ice Box," "We're- Not Dressing" and "The Trumpet Blows." Meet Again on Unit Second meeting between A. H. Schwartz and Jack Springer and Sam Cocalis of the Springer & Cocalis cir- cuit to form a new independent ex- hibitor unit locally was held yesterday- morning. Lee Ochs is reported inter- ested as well as George Skouras. To Trade Show "Nana" United Artists will hold trade show- ings in all cities but New York on "Nana" on Jan. 23. The local show- ing is being dropped in view of the picture opening at the Music Hall on Feb. 1. Ampa Elections May 1 Ampa's annual elections are to be held on May 1 instead of Oct. 1. The dates were inadvertently reversed yes- terday in Motion Picture Daily. lONTEST OPEN TO ALL U. The biggest prize money ontest in years. Open to all exhibitors in the J. S. and Canada . . . regardless of the size of leatre operated. Its aim: to get your ideas... > a practical showman ... on how to advertise, ■cploit, publicize the three FOX smash musical reductions now being filmed for spring release . . . OX FOLLIES, BOTTOMS UP, GEORGE /HITE'S SCANDALS. All three are musicals. But 1 three are different. Bear this in mind when sparing your campaigns. Each campaign should • distinctive and different from the other. I READ THESE RULES* The contest will begin on receipt of this letter and will ^se February 17th. All campaigns must be in the office of larles E. McCarthy, Fox Film Corporation, 444 West 56th reet, New York City, not later than that date. 1 ■ The contest will be open to all theatre managers and eir employees. • Each contestant must submit complete advertising, ex- oitation and publicity campaigns on each of the three pictures ; order to qualify for any prize. | Contestants who are not equipped to submit drawings or 7outs of their ideas may describe them in writing and be mred of equal consideration by the judges. No employees of the Fox Film Corporation will be eligible - compete in this contest. The Advertising and Publicity department of the Fox m Corporation under the direction of Charles E. McCarthy 11 be the sole and only judge of the contest. Its decision to the winners will be final. The Fox Film Corporation shall have all rights to use j or any part of the campaigns^ submitted. IN CASH PRIZES FOR SHOWMEN!!! S. AND CANADIAN EXHIBITORS 9 DIFFERENT AWARDS FOR CAMPAIGNS ON: FOX FOLLIES BOTTOMS UP GEORGE WHITE'S SCANDALS 3 Prizes on EACH of the above: 1. $100 for the best complete campaign including outdoor, advertising, exploitation, publicity. 2. #50 for the best newspaper advertisinc^campaign. 3. #50 for the best outdoor and exploitation campaign. * REMEMBER, that in order to qualify for any of these prizes, each contestant must submit a complete campaign on all three pictures! THE PRIZES will be distributed as soon as possible after the winners have been determined. In case of a tie, duplicate prizes will be awarded. WATCH for a letter addressed to you containing everything you need to know for the contest. SHOW your mettle as a showman. Start laying out your campaigns now. Don't wait! Send them along at once to: CHARLES E. McCARTHY Director, Advertising and Publicity Fox Film Corporation, 444 W. 56th St., New York City MOTION PICTURE DAILY 4 Majors Will Fight Rule on Cancellations (Continued from page 1) ruling as "a press release for pub- licity purposes," refusing1 to take it seriously. Sales executives them- selves declared that they would be "reluctant to consider the ruling as final" and stated that, while they had not yet received any official notification of Rosenblatt's ruling they would carry their first objection di- rect to the division administrator as soon as they were officially advised. In the meantime, no exchanges have been notified by home offices to make the cancellation provisions retroactive to Dec. 8, it was stated. Sales executives declared that they stood to lose a large volume of rentals if the Rosenblatt ruling were to be enforced, and agreed with the legal departments that the retroactive appli- cation of the clause was a matter of contract and not of code interpretation, and was, therefore, something for in- dividual companies to decide. They intimated that adjustments which they considered proper would be made on some contracts, particularly those which did not involve the entire sched- ule of product, but only on blocks of it sold at relatively higher rentals. Blanket product deals, however, were made, they said, on a low price basis determined by the fact that the exhib- itor took the entire schedule of pic- tures. Authority Issues 36 New Selections (Continued from page 1) of Cincinnati, but his educational affiliation is not noted. The latest selections follow: Atlanta— George E. Fuller, Willis J. Davis, George W. West, Ralph Smith, W. Anderson, Jimmie Hanlon, John Mangham Bromberg, Ernest Morrison, Alpha Fowler, Dave Prince, Sam Moscow, John Ezell. Boston— William Erbb, J. M. Casey, Mer- ton Carr. Chicago— John J. Jones. Cleveland— Mrs. Georgia Moffitt. Cincinnati — Prof. E. V. Hollis. Des Moines— Frank D. Rubel, Harry Hiersteiner, Julius Geertz. Los Angeles— Milton B. Arthur, Hobart Swan, Ray Peterson, Robert Gumbiner, H. J. Siler. Minneapolis — Fred V. Holzapfel. New Orleans— George E. Fuller. New York— Harry Friedman, Joseph Ver- gesslich. Pittsburgh — J. Horvitz. Salt Lake City — Harry David, Charles Ep- person, Irving Schlank. Tabulations Start On Code Board List Tabulations on the total number of assents and recommendations for posts on the 32 clearance and zoning and grievance boards, which have been pouring in steadily, will begin today at the headquarters of the Code Authority. Tomorrow night is the deadline for exhibitors sending in suggestions for the clearance and zoning and griev- ance boards. A barrage of recom- mendations is expected over the week- end. Those signing assents have until Jan. 31 to send them in. Coast Poised For Arguments To Rosenblatt (Continued from page 1) men for their branches, as it is feared their demands may be prohibitive from the economic viewpoint. Several groups have already made known their intention of seeking rec- ognition. Among them are the laboratory union, I.A.T.S.E., Local 683, which will petition for the set- ting up of one code in this district, on the ground that it is unfair for laboratory workers to attempt to abide by two codes, one for studio and the other for commercial work. The for- mer receive more pay and less hours than do the commercial men. Riding actors, comprising 95 per cent of the cowboy actors, want an individual code to meet their special, unique work, which, they claim, dif- fers much from the general extras' work. Studio hairdressers, including 57 studio hairdressers unaffiliated with any labor group, want their own code and will ask for permission to con- duct collective bargaining for more favorable working conditions and higher wages. The cameramen's union will start a battle to prevent the A.S.C. from ne- gotiating with producers, claiming their action is not in accord with the spirit of the NRA. Ruling on Contests Under Code Sought Efforts to determine what contests are permitted for theatres under the restrictive provisions of the industry code were made yesterday by adver- tising and publicity heads of major companies meeting with J. J. McCar- thy, M. P. P. D. A. advisor on ex- ploitation matters. No decisions were reached as a result of the discussions held and later meetings are expected to be called. Basic agreements have been reached on the type of contests prohibited under the code and the current efforts are an attempt to determine what type, if any, is permissible. No New Public Code Hearings Expected Washington, Jan. 19. — General Hugh S. Johnson's statement in his New York address before the Retail Dry Goods Ass'n last night that all codes would be considered again next month is not taken here to mean the reopening of public hearings. The administrator's statement is held to refer to the conference of all code authorities planned by him at which will be discussed compliance and other matters with a view to se- curing uniformity. Fox Suit Is Heard Columbus, Jan. 19. — Fox Film's suit against the C. & M. Amusement Co., operating at Cambridge and Ma- rietta, in which breach of contract is charged, has been taken under advise- ment by Federal Judge Benson W. Hough. Jury trial was waived by both sides and briefs were submitted. The amount involved is $5,200. Strike Hard Blow To Town in Kansas (Continued from page 1 ) Sosna, owner of the Varsity, were not bluffing, they became alarmed, and the economic problem slipped in to steal the show. The exhibitors contended Sunday was their only profitable day and their theatres would remain shut- tered until the welfare board con- sented to seven-day operation. When the theatres closed, the news- papers lost considerable advertising, drug stores missed the usual influx of trade after the show, hotels com- plained traveling men avoided Man- hattan for all-night stopovers, taxi companies kicked, restaurant opera- tors reported similar slumps in busi- ness, students at the Kansas State Agricultural College who craved en- tertainment registered loud protests. Publix Enterprises Leaving Para. Bldg. (Continued from page 1) bankruptcy will be vacated next Thursday by the large staff of ad- ministrators and attorneys assigned to the estate by Irving Trust Co., trustee in bankruptcy, and Winthrop, Stimson, Putnam & Roberts, coun- sel for the trustee. Operation of the former Publix Enterprises' theatres is now in the hands of Famous Theatres Corp., Paramount subsidiary, which bought the properties for $1,800,000. This terminated virtually all of the bank- ruptcy work on the part of the trus- tee and counsel, whose staffs have occupied a large part of the sixth floor of the home office since the bankruptcy a year ago. The remain- der of the Publix Enterprises' bank- ruptcy work involves only legal rep- resentation on lease claims against the company and will be handled di- rectly from the downtown offices of Irving Trust. George Topliff, in charge of the staffs, has returned al- ready to Irving Trust's downtown headquarters. Await High Court's Ruling U pon Leases (Continued from page 1) said by attorneys associated with the Publix Enterprises bankruptcy to par- allel in all particulars the theatre lease claims filed against the latter company. The ruling will determine the validity of lease claims against a bankrupt estate, and pending its being handed down, no lower Federal court will pass on the legality of such claims, it was stated. Such claims pending against Publix Enterprises aggregate $3,557,000. Their final disposition will wind up the the- atre company's bankruptcy. Vaudeville Protest Given to Authority Washington, Jan. 19. — Prior to his departure for the coast today, Di- vision Administrator Sol A- Rosen- blatt turned over the complaints of vaudeville representatives against film code provisions regarding chorus wages, rehearsals and layoffs, to the Code Authority for further considera- tion. The matter will be taken up at the meeting on Tuesday. Saturday, January 20, 1934 ' Warners Back On Operating Profit Basis (Continued from page I) 356.52. Added to this was a profit oi^ $655,262.54 from the retirement oi optional six per cent debentures anc bonds of subsidiary companies aftti" the deduction of Federal income taxe; I on these securities. Current assets are listed as $15,- 141,463.07, including $2,462,586.53 cash Current liabilities are $12,606, 16S.3H During the quarter current assets in-" creased $1,132,305.65. Current liabili-, ties increased only $37,725.03. Capital surplus is given as $56- 325,484.56. Among current working assets an i listed $4,541,450.23 for released pro- ductions, less amortization ; $3,215. 251.88 for productions completed bir not released, and $2,182,083.51 foi productions in progress, at cost. The three months' profit from al sources reduced the company's ac- cumulated deficit by $655,262.54, leav ing it at $18,785,989.66. It was car- ried to the balance sheet. Federation Urged To Enter Ad Code (Continued from, page 1) tising and publicity advisory office! under J. J. McCarthy here. The functions of the offices are to advise \ on ethical standards in production advertising, publicity and exploitation, including the release of stills. It is understood that the federation com- mittee's report favoring the use of the Hays office facilities was influence; largely by a study of the costs in- volved in setting up the advisory offices and financing their operations. The committee's report is to be sub- mited to a meeting of the entire mem- bership of the federation next week If approved, it will bring virtually the entire industry under the regulations \ of the Hays codes of ethics for botl production and the selling and ex- ploitation of pictures. The federation's committee on stand- ards submitting the report is composec \ of Edward Golden, Monogram, chair- man; Herman Gluckman, Majestic Charles Glett, Freuler, and Harry Thomas, First Division, president oil the federation and an ex-officio mem- ber of the committee. Seat Industry Hard Hit by Depression Washington, Jan. 19. — Depressior ; in the amusement industries, drastic || reduction in construction activities anc depletion of church treasuries reducec sales of the public seating industry from $28,000,000 in 1929 to $4,000,001, last year, it was disclosed today a\ the hearing on the code for that in- dustry. Farewell Party Set On Coast for Reeve Hollywood, Jan. 19. — -A farewel dinner is being planned for Arc! Reeve to be held on the eve of his departure for New York at the Bev- erly-Wilshire next Monday night The Leading Daily ^ Newspaper of the Motion Picture Industry MOTION PICTURE DAILY Alert, Intelligent and Faithful1 Service to the Industry in All Branches OL. 35. NO. 18 NEW YORK, MONDAY, JANUARY 22, 1934 TEN CENTS Jnit System Gaining with 71 Producers welve Directors Made Producers Recently Hollywood, Jan. 21. — The apparent kccess of the unit production system the past year is manifested by a ,ieck-up of various studios which iows a total of 71 producers now tively engaged and responsible for ie various pictures assigned them. Practicability of this system is fur- er indicated by the fact that more an 12 directors have been elevated to inducers in the past 90 days. To kote the unanimous opinion of studio tads, the system is most practical and ill become more desirable during the ar when individuality, it is agreed, ust play an important factor in the ••.king of celluloid entertainment. Convinced now that no one indi- dual can successfully guide the desti- ( Continued on page 4) eatures in Work Increase on Coast ■ Hollywood, Jan. 21.— Production ir the week ending Jan. 20 shows an ::rease of five features over the pre- ying week with the number of >orts remaining the same. This y.ek's chart shows a total of 32 fea- res and 11 shorts in work. Twenty- |e features are in the final prepara- t minute substitution, Trem Carr ha^ placed "House of Doom," from the stage play by Adam Hull Shirk, next on Monogram's production schedule instead of E. Phillips Oppenheim's "Numbers of Monte Carlo." "House of Doom" goes into work this week with William Nigh direct- ing. "City Limits," by Jack Woodward, has been purchased by Monogram, ac- cording to Lou Ostrow. It will go into production early in February with Ray Walker in the starring role. Pittsburgh Variety Club Treks to Cincy Pittsburgh, Jan. 21. — More than 50 members of the Variety Club here went by special train to Columbus, 0.,! today for a banquet of the Variety Club there. At the local affair last October, the Ohio club sent on 35 men. The special train left Pittsburgh early this afternoon, starting back immediately after the banquet was over. Harry Goldstein, president, and John H. Harris, founder, headed the local contingent. Pushing Theatre Plan Hollywood, Jan. 21. — Plans are be- ing considered here seriously for the establishment of a government-sub- sidized theatre which would aid the( film industry by developing writers and players on whom Hollywood could draw. Douglas Wood, stage player, its sponsor, has just arrived here for his first talkie. Warner-ites Disport The annual Warner ball, sponsored- by the Warner Club, was held in the grand ballroom of the Waldorf-As- toria Saturday night, with some 2,000 guests in attendance. Many celebrities of the stage, radio'' and screen were present. Oscar, him- self, took personal charge of the affair. Warners Push Tie-up Encouraged by the support of exhib- itors all over the country, Warners are pushing plans for the company's two-year exclusive tie-up with the manufacturers and distributors of Coca-Cola which was arranged through S. Charles Einfeld. The Leading Newspaper of the Picture Industry MOTION PICTURE DAILY 1 Alert, Intelligent and iR Faith fut;| jf Service tov the industry in All Branches OL. 35. NO. 19 NEW YORK, TUESDAY, JANUARY 23, 1934 TEN CENTS ]ourt Objects To Radio City Theatre Pacts rders Irving Trust to Seek Better Terms Federal Judge William Bondy yes- day refused to approve leases on : Music Hall and Center theatres jotiated some time ago between '/ing Trust Co., as receiver for CO, and Rockefeller Center, Inc. .ie leases are for the current year d aggregate $973,000 in rentals, so included in the lease is the RKO :ce space in Radio City. Fudge Bondy characterized the rents "excessive" and declared that he uld not approve the leases in their :sent form. He instructed repre- ltatives of Irving Trust at RKO to >pen negotiations with Rockefeller ,'nter for leases providing for modi- i terms and to submit them to the (Continued on page 4) asky to Stay With Fox, Asserts Kent It's just a lot of bunk and the ,jal film rumor. Jesse L. Lasky is i severing connections with Fox and . lappy in his association. He wrote so immediately prior to his sailing ti Los Angeles for a vacation in ja and Florida." n making this statement to Motion ture Daily, Sidney R. Kent, pident of Fox, yesterday thus dis- (Continued on page 4) uart Out of Para, \ nd May Join F.&M. 'ferschel Stuart is about to sever f nections with Paramount Publix < already has been invited tb join [ & M. He is considering the offer. tuart, former general manager of i O, joined Publix a number of I iths ago and was dispatched to , roit to handle the circuit's opera- p there. Shortly thereafter, the re- : ers made a management deal with (Continued on page 4) lapiro-Blumenthal xquire RKO Cameo ck Shapiro and Lou Blumenthal, recently acquired the Casino, : taken over the Cameo from RKO are reported to be dickering for Palace. The Shapiro-Blumenthal es could not be reached yesterday a statement on the policy of the eo under the new management it is believed no change is con- >lated. Government Expected To Contest the Allied Suit Defense of the Code Authority and the code itself against the Federal court action filed by Allied States is expected to be a government func- tion to be undertaken either by At- torney General Homer S. Cummings or by Donald R. Richberg, head of the NRA legal department, it was learned yesterday. The Code Authority, it was pointed out, is a government agency ; its di- vision administrator is a government officer and the code itself, bearing the signature of the President, is a government document. Their defense againt attacks from any source lies properly with governmental agencies, a spokesman declared. Some doubt was expressed whether the Federal district court would con- sent to hear Allied's action, it being pointed out that prescribed methods of obtaining the relief apparently Sub for Sub For the first time the Code Authority will have a tem- porary alternate for a per- manent alternate at the meeting of the body today at the Astor. With both Harry M. War- ner and his alternate, Harold S. Bareford, in Hollywood, the latter delegated Joseph Bernhard, in charge of thea- tre operations for the War- ner circuit, to substitute for him. sought by Allied are in existence, and as a matter of proper procedure would probably have to be resorted to be- fore a Federal court would take up (Continued on page 3) Code Is Held To Govern on Cancellation Washington, Jan. 22. — Provisions of the film code itself are believed here to preclude objection to the order is- sued last week by Division Adminis- trator Sol A. Rosenblatt making the elimination clause effective after Dec. 7 on contracts made prior to that date. Protests against the "decision" are understood to have been filed with the Recovery Administration. It is pointed out by Administration officials that Part 1, Section F (Dis- tributors-Exhibitors) provides that the so-called optional standard licensing agreement shall continue to apply ex- cept that any provision in conflict or (Continued on page 3) Partial Code Consents Hit By Kuykendall Columbus, Miss., Jan. 22. — The as- sertion recently made by Allied States that exhibitors can express qualified acceptance of the code without forfeit- ing any of the benefits to be derived under it was challenged in a statement issued by Ed Kuykendall, president of the M.P.T.O.A., today. "Some half-baked advice is being sent out by a certain Allied 'leader'," he said, "that signing the code is un- necessary ; that it should be signed with prepared 'reservations,' etc. Don't be misled by this irresponsible 'advice.' The provisions respecting signatures in the code itself are plain. The code (Continued on page 3) Grosses in 7 Keys Down Slightly; "Scandals" Top Grosses in seven key cities fell back to something nearer normal last week after their New Year stimulation, with "Roman Scandals" holding the lime- light as the principal draw in Pitts- burgh, Montreal and Cleveland. "Dinner At Eight" stepped out front in Chicago and "Design for Living" was a mild sensation at Minneapolis and St. Paul. "Roman Scandals" was the big noise in Montreal for a third week, getting $6,500 at the Princess. This raised the total for the three weeks to $25,000. "Dancing Lady" had a (Continued on page 4) Study Future Of Industry's Two Disputes NRA Is Believed Upheld; "Little Fellow" Aided Washington, Jan. 22. — Industry observers here regard the recent de- cision of the U. S. Supreme Court in the Minnesota mortgage case and President Roosevelt's week-end order furnishing protection to the "little fel- low" with a grievance as having an important bearing on two current con- troversies— the major producers' ob- jection to extending the 10 per cent cancellation privilege back to Dec. 8 and Allied's suit to test the constitu- tionality of the NRA on the ground that it robs independent theatre men of their rights and promotes monopoly. Commentators have been practically unanimous in their opinion that in na- tional emergencies the government car. modify contracts between individuals. The court decision read : "If state power exists to give tem- porary relief from the enforcement of contracts in the presence of disasters due to physical causes, such as fire, flood and earthquake, that power can (Continued on page 3) Authority Adds 61 To Code Board List Of 61 recommendations from 16 key cities released yesterday by the Code Authority for publicity, 29 were suggested from local groups, including Allied of New Jersey and the T.O. C.C. Conspicuously absent from the list is Louis Nizer, one of the few Film Board of Trade secretaries (Continued on page 3) Code Group Members Ethics Draw Attack Washington, Jan. 22. — Sharp criti- cism of the practice of certain code committees of permitting members to (Continued on page 3) His Anniversary W. Ray Johnston is cele- brating his 20th anniversary in the industry. The event, biggest in the Monogram president's career, is signalized today by a spe- cial section which starts on page 5. MOTION PICTURE DAILY Tuesday, January 23, 192" MOTION PICTURE DAILY (Registered U. S. Patent Office) Vol. 35 January 23, 1934 No. 19 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 Vork. 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. Clifford, manager; London Bureau: 6 Brookland Close. Hampstead Garden Suburb, Bernard Charman, Representative; Berlin Bureau: Berlin-Tem- pelhof, Kaiserin-Augustastrasse 28, Joachim K. Rutenberg, Representative: Paris Bu- reau: 19, Rue de la Cour-des-Noues, Pierre Autre, Representative; Rome Bureau: Viale Gorizia, Vittorio Malpassuti, Representative; Sydney Bureau: 102 Sussex Street, Cliff Holt, Representative; Mexico City Bureau: Apartado 269, James Lockhart, Representa- tive; Glasgow Bureau: 86 Dundrennan Road, G. Holmes,, Representative; Budapest Bureau: 11 Olaaz Fasor 17, Endre Hevesi, Representative. 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. An Apology Motion Picture Daily regrets publication of an erroneous page of Universal advertising copy in yester- day's edition. The text concerned the Universal Newsreel advertising the recent French train wreck when the correct copy, appearing on page 23 today, has to do with scenes marking the overthrow of the Grau San Mar- tin government in Cuba and scenes of the naval flight from San Francisco to Hawaii. Universal Newsreel as- serts the Cuban scenes were exclusive and the flight scenes first in its Is- sue No. 216. Film in "Phonetage" A new method of synchronization called "phonetage," said by its spon- sors to be an improvement over the present method of dubbing, will be in- troduced in this country when "Girls In Uniform," the English version of "Maedchen In Uniform," opens at the Criterion tomorrow night. Week's Opening Shows General Slump Net Consolidated Film Industries Eastman Kodak Eastman Kodak Fox Film "A" . Loew's Inc pfd. Paramount cts. .. Pathe Exchange . Pathe Exchange ". RKO Warner Bros Warner Bros. pfd. High Low Close Sales 261^ 25 i/0 /2 500 400 14 1354 1354 — 'A 2,400 86 8654 - y» 600 120 120 120 - 54 2,000 isy2 15 15 3,500 29% 28% 28% -V* 28,300 2154 21-/4 2VA - A 200 354 3 3'/s -X 10,600 2 m m 600 \2A 12 12*4 -H 1,100 3 2% 3 3,000 m &A 7'A 19,800 22A 23 23 200 Technicolor Jumps One on Curb Technicolor Net High Low Close Change Sales 1054 9% 10A +1 2,200 Loew Bonds Show iy2 Points Loss Net General Theatre Equipment 6s '40 Keith, B. F., 6s '46 Loew's 6s '41 ww deb rights Paramount Broadway 554s '51 38J4 Paramount F. L. 6s '47 Paramount Publix SAs, '50 Warner Bros. 6s '39 wd 5154 High Low Close Change Sales m 7 7 - 54 30 7 644 6M 7 57 56 57 + 54 7 90A 90Vs 9054 -154 2 3854 38J4 38J4 + 54 3 38 37'A 3754 - M 3 39 3754 37'A - 54 31 5154 S0A 5054 - 54 115 4 Purely Personal ► WALTER CONNOLLY, who has just finished work in "It Hap- pened One Night" for Columbia, ar- rived in town yesterday with Mrs. Connolly. She is scheduled to open in a Broadway play soon. Werner Richard Heymann, who wrote the music for "Congress Dances," leaves Wednesday for the coast to do the music for Eric Charell's first production for Fox. Sadie Feuerstein, Al Lichtman's secretary, and Sam Kaufman, U. A. branch manager in Chicago, have set the date to tie the knot. It's Feb. 18. Place. New York. Harry Wilcoxon, English actor, who will play opposite Claudette Col- bert in "Cleopatra," arrives today on the Mauretania. John Blystone, Fox director, who was in town last week for exterior shots for his next film, has returned to the coast. Tullio Carminati will be inter- viewed by Radie Harris Wednesday night at 7 :30 over station WOR. Sophie Tucker left last night for Hollywood, Fla., to open an engage- ment in a night club' there. P DGAR SELWYN is at the War- wick for a vacation, but will look around for stories while he is here. Janet Gaynor is quietly enjoying a vacation in New York and is taking in shows almost nightly. Milt Kusell is back from his latest trek in conjunction with the Para- mount Victory Drive. Jack Cohn plans to shove off for the coast today but may be delayed until later in the week. May Robson is scheduled to make a personal appearance at the Capitol starting Feb. 2. Joseph M. Schenck and Arthur W. Kelly arrive from England on Thursday. Taylor Holmes will be the guest of honor at the Cheese Club luncheon today. W- J- German is on his way to Florida for a short vacation. Jack Fuld has joined the U. A. ex- ploitation force. Abe Montague heads for Chicago shortly. Wyler Forms Company Robert Wyler, former LTniversal di- rector, has organized Wyler Produc- tions, Inc., in conjunction with Mur- ray Garsson and John Wexley, and will produce his own pictures. TWO LITTLE GOLD MINE WORDS THAT MEAN A FROM WARNER BROS. Harry Butler Weds Harry Butler, director and scenarist, is now a benedict. The bride is Ann Bowen of Cleveland and a non-pro- fessional. Principal Buys "Dawn" Dn-World Pictures has sold the New York and Northern New Jersey rights of "Dawn to Dawn" to Prin- cipal Film Exchange, Inc. Slated for Capitol Lionel Barrymore will make per- sonal appearances at the Capitol start- ing the week of Feb. 9. "Hell on Earth" to Open "Hell On Earth," Aeolian Pictures Corp., release produced abroad, opens at the Acme Theatre Saturday. / Ji>&t~lteu>± JOHN BARRYMORE in "20TH CENTURY" with Carole Lombard. A Howard Hawks production from the Broadway success by Ben Hccht and Charles MacArthur. One of the prize plums of any year! Almost ready! Frank Borzage's production "NO GREATER GLORY," based on Fercnc Molnar's world famous novel is hailed by Hollywood as the screen's supreme- dramatic triumph. Get ready for Lewis Milestone s production, "RED SQUARE." adapted by Laurence Stallings from a great Russian novel. A tremen- dously moving kaleidoscope of life and love. / wesday, January 23, 1934 MOTION PICTURE DAILY 3 Government Expected To Contest the Allied Suit Study Future Of Industry's Two Disputes (Continued from page 1) lot be said to be non-existent when le urgent public need demanding such Bief is produced by other and econ- Imic causes." Newspapers throughout the country id many legal lights here agreed that i this decision the court not only :cognized the existence of a national nergency at present, but also gave l indication at the same time of its :titude on the whole NRA legislative i.bric. President Acts on Complaints Over the week-end the President :ted on complaints that NRA codes ere oppressing small businessmen and jnding to promote monopoly. Investi- itions of these complaints have been jin.er on for some time, as was in- cated in a story published in t.OTiQN Picture Daily on Jan. 3. In ■ executive order covering this point, e President rules that complainants iho feel they are not being justly eated by NRA officials can take eir cases to the Federal Trade Com- mission and to the Department of jstice. "Under such a method, grievances ising out of codes of fair competi- >n or based upon violations of those rtions of the anti-trust laws of the nited States that prohibit monopolis- practices, can be adequately aired j.d settled by disinterested govern- l^nt agencies in accordance with the anciples set forth in the recovery jislation," read the President's order. This order happened to come a few l urs after the filing of Allied's suit I Federal court in New York. It vers many of the points raised in ; Allied complaint, it is held by i Tie here. iperstein for Full 3-'34 Cancellation ('Chicago, Jan. 22. — While admitting it the ruling allowing cancellation, provided in the code on product re- I sed after Dec. 7, is a great help and l"ves to clarify the situation, Aaron jperstein, head of Allied Theatres of Binois, declares this ruling does not Irirely satisfy him. It is Saperstein's 'night, and one which he is prepared battle for, that the code cancellation mid be made retroactive to cover ; product released on the 1933-34 )gram. Saperstein says local exchanges initely promised exhibitors any iiefits incorporated in the code when jling the 1933-34 program. At that :ie, he says, he warned his organiza- h not to "just take their word for i with the result that some exhibitors e a rider on their contract cover- . the code cancellation ruling on jir entire program. Those who accepted in good faith assurance of distributors that they uld get any benefits incorporated in code are finding their cancellation yileges curtailed by the Rosenblatt ing in which cancellation applies 'y to pictures released after Dec! 7. j 2 company, he states, has released I illy 10 pictures prior to Dec. 7. Code Is Held To Govern on Cancellation (Continued from page 1) inconsistent with any provisions of the code "shall be deemed amended to con- form with such provision of this code, it being the intention that the provi- sions of this code shall govern." Furthermore, it is explained that the very last paragraph of the section pro- vides that "the optional standard li- cense agreement referred to in Part 1 hereof shall be deemed amended by substituting in place of Article 15 of such contract the provisions of this part." Code Group Members Ethics Draw Attack (Continued from page 1) participate in deliberations involving companies with which they are con- nected was today vojced here follow- ing the receipt of complaints. Charges that at certain hearings members of committees connected with companies against which complaints were being considered for violations of the code have participated in the decisions have led to the issuance of instructions that while such members may, with propriety, make statements in regard to the facts, they should absent themselves when the vote is to be taken, or at least refrain from participating in the decision^ As a result of the complaints, it is anticipated that general instruc- tions will be issued to committee mem- bers on all codes in order that their deliberations may be above reproach. Feist Heading West Felix F. Feist, general sales mana- ger of M-G-M, is en route to the coast and is making a number of stop- overs before reaching Hollywood. He arrived yesterday at Atlanta where he met Alan Cummings, manager of exchange maintenance and operation. From there Fejst and Cummings will travel together as far as Los Angeles where the former will head for the stu- dios and the latter continue his tour north. Feist will be gone six weeks. Rodgers Returns W. R. Rodgers, eastern sales man- ager for M-G-M, is back from a va- cation in Hollywood, Fla., and E. M. Saunders, western sales manager, leaves the end of the week for a brief rest. Schenck to Coast Nicholas M. Schenck plans to leave for the coast shortly. Due to his re- cent illness, he has not definitely set his date for departure for an annual production pow-wow. (Continued from page 1) a complaint of the kind filed by Allied. Allied's complaint against unquali- fied assents to the code, it was said, involves a code requirement which provides that the code must be duly executed "in its entirety" in order that signers may share in its benefits. This provision, it was pointed out, can be changed only by the President after a public hearing and on the recom- mendation of the Administrator. Authority Adds 61 To Code Board List (Continued from page 1) omitted in the national check-up. Sid- ney E. Samuelson, president of the New Jersey Allied unit, and several officers of that organization are rep- resented. Although the final day for sending in suggestions was midnight last Saturday, several more lists from far west points are expected to dribble in today and tomorrow. The 896 names so far submitted will be presented to the authority at today's session at the Astor. No action on them is expected to be taken. Yesterday's batch of recommenda- tions follows : Albany— Tony Ryan, Victor Bunz. Buffalo — Milton Guggenheimer, Henry Seilheimer, Emma Abplanalp. Boston — A. D. Rudenstein, Francis Ly- don. Dallas— M. Laura Roberts, G. A. Lu- chesse, Raymond Willie. Des Moines — Lester F. Martin, N. C. Rice. Detroit — E. S. Kinney. Indianapolis — Monty Solomon. Kansas City — June Medcalf. New York City— Robert Wolff, Arthur Mayer, David Loew, William Scully, Ed- ward Schnitzer, C. C. Moskowitz, Walter Reade, Harry Arthur, J. Louis Geller, William A. Landau, Lee A. Ochs. Ed- ward Rugoff, George Skouras, Charles Steiner, Harmon Yaffa, F. Thomas Murray, Arthur Abeles, Sidney E. Samuelson, Lee Newbury, David Snaper, Reuben L. Haas, I. A. Roth, Harry K. Hecht, Fred W. Falkner, Julius Charnow, Miss Lillian Sil- ver, Charles Moses, Irving Dollinger. Omaha— A. W. Person. Pittsburgh— Harry Goldstein, Robert F. Klingensmith. Philadelphia— Earl W. Sweigert, William Heenan. San Francisco— Charles A. Caballero. St. Louis — M- Schweitzer, Ben Cammack, Joseph Garrison, C. T. Lynch, Lou Elman, C. D. Hill, Miss Lila B. Schofield. Seattle— John Danz, Ed Lamb, George Endert. Washington, D. C— Jerome Cohan, Her- man Hable. Arbitrate Wage Row St. Louis, Jan. 22.— The local oper- ators' wage dispute is to go before Oscar Kleintops, business agent of the operators' union, and Fred Wehren- berg, head of the M.P.T.O. If they are unable to agree, Division Adminis- trator Sol A. Rosenblatt will appoint a third man as arbiter. Rosenblatt on Coast Los Angeles, Jan. 22. — Division Administrator Sol A. Rosenblatt and Harold S. Bareford, alternate for Harry M. Warner on Code Authority, accompanied by their respective wives arrived here tonight from the East. Partial Code Consents Hit By Kuykendall (Continued from page 1) Authority, by approving an official form for signature, has in effect ruled that a qualified assent is invalid, and exhibitors are on notice that such is the case. "There is no obligation on the Code Authority to reject a qualified assent. But if you have not signed the code in its entirety, relying on such irre- sponsible advice, at some later date you may have a complaint to bring before a local board or the Code Authority and find you are disqualified to appear before them. Unfortunately, you cannot hold such irresponsible ad- visers financially responsible for mis- leading you into such a false position. "The Allied prepared reservations make a futile attempt to (1) with- hold assent to parts of the NRA code relating to unreasonable clearance and at the same time give qualified assent to other parts, (2) tie the hands of President Roosevelt in administering the code, (3) reverse and amend the act of Congress creating the NRA and (4) at the same time agree to conrpjy with all of the act. The only thing actually accomplished is to mislead exhibitors to their own detriment and record a little chiseling at the very beginning." Business Picking Up Widely, Levy States New Orleans, Jan. 22. — The south is not the only section experiencing a revival of business. Theatres through- out the nation are showing improve- ment, according to Jules Levy, general sales manager for RKO. Levy bases his observations on a recent tour of all the RKO exchanges. "I find business conditions generally much better than they have been and theatres of the nation playing to an encouragingly large patronage," Levy declared. "People in New York are hopeful that the present improvement will continue. All the film com- panies, particularly my own, RKO, are turning out consistently better pic- tures now than two years ago, and this in itself is contributing to the re- turn of normalcy. "The picture industry will benefit by the code in the long run, although it is taking considerable time to set the Code Authority and its machinery into motion," he said. Musicians May Take Dispute to Wagner Members of the musicians' union who have tried unsuccessfuly to get Mrs. Elinore M. Herrick, acting chairman of the Regional Labor Board, to take up their complaints that they have been forced to pay "kick backs" on salaries for tempo- rary pasiitions are reported to be planning to take their complaints to Senator Wagner, head of the Na- tional Labor Board. Mrs. Herrick claimed she had no jurisdiction. MOTION PICTURE DAILY Court Objects To Radio City Theatre Pacts Grosses in 7 Keys Down Slightly; "Scandals" Top (Continued from page 1) (Continued from page 1) court again only in the event more favorable leases result. No time limit was set by the court for the conclu- sion of new lease negotiations. Leading the opposition to the Radio City leases yesterday as at earlier court sessions, was Walter Reade, operator of the Mayfair and a large RKO creditor on the basis of rent claims against the company arising out of repudiated leases. RKO, being in receivership, is under the jurisdic- tion of the Federal court, the approval of which must be had for expenditures by the receiver. Payment by Irving Trust Authorized Irving Trust Co., as trustee in bank- ruptcy for Publix Enterprises, was authorized by Referee Henry K. Davis yesterday to pay $76,171 to Paramount Publix trustees for services rendered by various real estate, accounting and auditing staffs of Paramount working on Publix bankruptcy affairs during the past year. Irving Trust was also authorized by Referee Davis to ppv $15,000 to Dan Michalove for services rendered the bankrupt on theatre affairs during the year. This payment is in addition to $7,950 which Michalove received earlier. Referee Davis yesterday also issued orders authorizing Irving Trust to turn over to Famous Theatres Corp. various Publix Enterprises documents in line with the recent purchase of Publix Enterprises' assets by Famous. A claim for $5,166 filed against the bankrupt by Abraham Goodside, a merchandise creditor, was expunged by the referee and all equipment of the Olympia, Miami, was released from a mortgage of Paramount Enter- prises, Inc., subsidiary operating the theatre. Paul Wilson Quits Para. Memphis Job Memphis, Jan. 22. — Paul Wilson has resigned as manager of the Par- amount exchange and W. F. (Bill) Bugie has been named to take his place. Wilson gave no reason for his resig- nation and said he had not made any plans for the future. It is understood, however, that he was dissatisfied with Paramount's consideration of his ap- plication for promotion. Promotion of Bugie from sajes manager to exchange head is effective immediately. Grover Ray moves up to sales head, and is replaced as book- er by Gary Hammond, formerly Ray's assistant booker. Cooper Litton is the new assistant booker. Collier In; Yorke West Robert Collier, head of the F. & M. radio department, arrived from Los Angeles yesterday for a pro- tracted visit. When he changed trains at Chicago, he met Gabe Yorke, who was heading for the Fox studios. big $12,000 at the Capitol in spite of wintry weather, and "Only Yester- day" took $11,000 at the Palace. "Should Ladies Behave?" was good for $10,500 at Loew's. Oklahoma City fell off last week, with "Flying Down to Rio" the only attraction doing good business. It topped par by $1,500 at $6,500 in the Criterion. "The Big Shakedown," "I Was a Spy," "Massacre" and "The World Changes" were all weak. "Scandals" Good in Cleveland Cleveland gave "Roman Scandals" a good $11,000 at Loew's State, but business elsewhere was nothing to get excited about. "As Husbands Go," with a stage show, "Artists and Mod- els," took a par $18,000. "Blood Money," "Let's Fall in Love" and "I Was a Spy" were below normal. A dual bill, "His Double Life" and "Smoky" took a good $4,000 at the Stillman. "Design for Living" skimmed the cream off the business in Minneapolis and St. Paul with a gross for the two cities of $16,000. Minneapolis fur- nished $9,000 of this. "The Kennel Murder Case," "If I Were Free" and "Waltz Time" were all better than average draws in Minneapolis. "Coun- sellor at Law" was strong in St. Paul with $4,500 at the RKO Orpheum. "Blood Money" and "Cradle Song" were a little better than average. "I Am Suzanne," "Should Ladies Be- have?" and "I Was a Spy" were just fair. Pittsburgh had three hits last week — "Roman Scandals," "Berkeley Square" and a combination of "I Was a Spy" and a condensed version of "Shuffle Along." "Scandals" was up by $4,000 on a $16,000 gross at the Penn, and "Berkeley Square" topped par by $5,200, with a $9,200 take at Paramount Theatre Men in New Orleans Following a meeting here with the southern partners of Paramount Thea- tre Service Corp., Y. F. Freeman and Sam Dembow, Jr., vice-presidents, and P. A. Raibourn, assistant treasurer, left for New Orleans and will return to New York from there tomorrow. Ralph Kohn, president of the newly formed company, arrived on the coast yesterday from Dallas and will prob- ably return with Adolph Zukor within the next week or so. Freeman, Dembow and Raibourn arrived at New Orleans yesterday for conferences with E. V. Richards. Stuart Out of Para. And May Join F.&M. (Continued from page 1) George W. Trendle, this resulting in returning Stuart to New York, where he has been waiting, time on his hands, for an assignment. Ralph Kohn asked him to take a leave of absence to May 1 and urged that he spend the time looking for a new connection. Stuart, therefore, is. the Fulton. The gross on the "I Was a Spy" and "Shuffle Along" program at the Pitt was $9,000, up by $3,000. "Queen Christina" got off to a slow $5,000 start on its roadshow engage- ment at the Nixon, but was held over. Total first run grosses fell off to $38,300 in Providence last week, under normal by $2,200. The only strong draw was "Fugitive Lovers," helped by a vaudeville bill at Loew's State. The take was $12,500. "Convention City" and "Solitaire Man" took an average $7,000 at the Majestic, and "The Big Shakedown," with a stage show, was even at $7,000 in Fay's. "White Woman" and "The Girl With- out a Room" reached $6,800 at the Paramount, but another dual "Horse- play" and "Criminal At Large," had an extremely weak $3,800 at the RKO Albee. "Dinner" Leads in Chicago "Dinner At Eight" was the out- standing attraction in Chicago. It piled up $27,000 at the Oriental. This tops average $4,000. The Chicago fell off to $40,000 after its big $53,000 week with Mary Pickford, but even so the gross was strong, with "Going Hollywood" on the screen and Will Mahoney heading the stage show. "If I Were Free" was just average, with the Cotton Club revue, at the Palace. "Roman Scan- dals" took $8,000 in its fourth week at United Artists. Grosses) at the Capitol and the Roxy, New York, were almost on a par last week. "Fugitive Lovers" and a stage show at the former took $32,- 876, while "I Was a Spy" and a show at the latter garnered $30,500. "Dis- raeli" at the Hollywood grossed $4,- 200, and "Easy to Love" at the Strand was good for $9,271. Mexican Advocates Bar on U. S. Films Mexico City, Jan. 22. — A consoli- dation of Mexican production, distrib- ution and exhibition interests under a central board of directors to "protect" the home industry against foreign pro- ducers who see an opportunity to make pictures in Mexico at lower cost than elsewhere, was advocated here by Jose U. Calderon, an exhibitor and offi- cial of the Mexican Exhibitors' Union. "Outside producers," he declared, "are preparing an invasion to convert us into tributaries of the cinema mag- nates of the U. S. unless our borders are hermetically sealed. Mexico should have her own cinema indus- try. If other countries want our pictures, let them have them made by Mexican producers ; but they should not be permitted to send more expedi- tions to establish studios or labora- tories in our country." Efforts to obtain comment here yes- terday on Calderon's views were un- successful. No one could be found who knew anything about the speak- er or the subjects be referred to. Tuesday, January 23, 193 Warner Ball Still Talk of the Towt The Warner Club's annual banquet! and ball at the Waldorf-Astori I Saturday night was the sole subject of talk yesterday at lunch at th I club's restaurant at the Warner hom I office. Many notables in the entertainmen I world were among the more than 1,50 I guests present. Of their numte I were : < Albert L. Warner, Mr. and Mrs Joseph Block, Mr. and Mrs. Harr Charnas, Mr. and Mrs. Jack Gold stone, A. J. Levy, Mr. and Mr; Moe Rosenberg, Herbert Sondhbis Mr. and Mrs. Lloyd Weil, Stan leigh Friedman, Abel Car Thomas, S. Charles Einfeld, Ma Einfeld, Gwen Heller, Mr. an Mrs. Sam Morris, Al Sch\valber< Harold Rodner, Lee Stewart, Es TELLE SCHROT, W ILL I A M MacLaUGH lin, Jack Nickolson, Mr. and Mr; Sol K. Weiner, Ruth Weisberc Milton Pollock, Gertrude Mario Martha Kaplan, Sidney Rechet nik, Arnold Albert, Irving Win disch, Jules Girden, Arthur Jef frey, Steve Trilling and Jule Levey. Guests from out of town included Mr. and Mrs. James A. Bracke> Mr. and Mrs. Nat Furst, BenjamiI Hoffman, Mr. and Mrs. DanieI Finn, Mr. and Mrs. Don JacockJ James Flaherty, Benjamin CoheiI Harry Kalmine and Mr. and Mr- Joseph Lesse. Cab Calloway, N.T.G. and Pa Rooney were among those who sun plied entertainment. Major Warner had a good tinr just watching the Warner folk havin a good time, and Schwalberg an Rodner, who supervised arrangement il for the affair, saw to it that they di< Levey had a job keeping his flowe from jumping out of his lapel whill vibrating to the "hotcha" tunes of tn I Cab Calloway boys. Stewart, who 1 1 Vitaphone casting director, had a|l eye out all evening for screen poss bilities of the entertainers. Rechetni took upon himself the job of introduc \ ing to the crowd people who needejl no introduction. Girden got himself i the spotlight when a group of N.T.i | cuties pulled him from his seat ont I the dance floor. And so it went. Lasky to Stay with Fox, Asserts Ken\ (Continued from page 1) missed published reports regarding I Lasky. Among them, most persistent k was the rumor he would join Radi as a unit producer. Lasky has twl I more years to go on his Fox contract I Holly-wood, Jan. 22. — Radio wil not negotiate with Jesse L. Lasky un til current contracts expire, declare B. B. Kahane today in answer to re ports tying the producer in with RKC Kahane said his company "would b glad" to talk a deal whenever Lask; became a free agent. U.A.on Seven Floors j With U. A. taking space on tbl sixth floor at 729 7th Ave., for th- U foreign department, the company's of]] fices are now spread over the second sixth, eighth, 12th, 13th, 14th and lSt! floors. W RAY JOHN/TON' Up and smiling after twenty years as an inde* pendent independent, W. Ray Johnston, as head of Monogram, today finds him* self hurrying, with speed, to* ward the top* Back break and heart break have marked those two dec* ades. It's been a case of beer and skittles. But today, more important than he has ever been before in the trade, Johnston has the right — earned — to look down the road and envision an even greater activity to come* KANN MOTION PICTURE DAILY Tuesday, January 23, 193'' Baby, actor and matinee idol — they're all W. Ray Johnston, believe it or not. From Iowa to Code Authority THE destinies of Jayhawkers ap- pear to be written in the age at which they leave Iowa to enter the world. If they remain on the na- tive heath too long to be of use to the world, chances are three, two and even that they will wind up their days in Southern California, putting in a punctual appearance at the annual Iowa Day picnic at Pasadena or "San Ber- doo" and, betwixt picnics, clucking their tongues at tales >;6f Hollywood abandon! If, however, they clear out early, likely as not they become useful citi- zens in the eastern capitals of com- merce and finance and have articles written about them in the Waterloo, (la.), Reporter, headed "Local Boy Makes Good In Big City." Such was the experience of W. Ray Johnston, president of Monogram, who left Waterloo, at 22 and is now observing his 20th eventful year in the indus- try. Business associates of his shud- der even to this day when they con- template what might have been his fate had Tohnston remained in Iowa even one year more than he did. Toward the close of 1891, the little town of Bristow looked over the rec- ord and, finding itself to be at some- thing of a disadvantage in the matter of contributing prominent citizens to the world of affairs, resolved to rem- edy the matter during the New Year. Accordingly, on January 2, 1892, Johnston was ushered into the world and, three short years later, gave the first evidence of the gifts of wisdom and discernment which were to mark his advances later in life by quitting Bristow in favor of Janesville, la., where he remaine_d to graduate, cum laude, from the local high school at the age of sixteen. Another early manifestation of his wisdom was his choice, after graduat- ing from high school, of the Water- loo College of Commerce at Water- loo, for further schooling. Why any native Iowan should choose a com- mercial college for purposes of edu- cation when everyone knew right well that such learning was about as essen- tial to realizing Iowa's finest rewards to be gained from corn and hog rais- ing as a set of pearl buttons would be to a fan dancer, was a matter for no little wonder to the folks back in Janesville. They wagged their heads skeptically, back in the home town, and probably thought the Johnston boy a little "peculiar" and likely to come to no Rood. But the Johnston boy didn't mind. He stuck to his minority guns — and By SHERWIN A. KANE his text books — like a good independ- ent, and when the president of the Waterloo College of Commerce was called upon for a letter of recom- mendation some years later, he wrote that Ray Johnston was the most "conscientious" student ever enrolled at the school and predicted fine things for his future. His business career began concur- rently with his Waterloo commerce schooling. Outside of class hours he worked in the mailing department of the Daily Reporter, and on the com- pletion of his course became assistant to the circulation manager, a Paul Swift who is now in the employ of Warners. After a brief fling in the world of journalism, Johnston was offered, and accepted, the post of secretary to the manager of the Citizens' Gas & Elec- tric Co. of Waterloo, and several years later became secretary to a prominent local banker whose interests served to bring Johnston to the secretaryship of the Vaughan Land Co., the Western Realty and Investment Co. and the Iowa Mausoleum Co., all of Water- loo. In the latter company, at 19, he was placed in charge of a small army of 35 mausoleum salesmen and a con- struction crew of several hundred men engaged in filling- the orders turned in by their brothers for community mau- soleums throughout Iowa, Nebraska, Kansas and Minnesota. Several lessons to prove of value to the enterprising Johnston evolved from this experience. The first, and perhaps most important, lesson was that mausoleum customers, regardless of how well satisfied they may be, never send in a repeat order. Hence, an obvious conclusion was that it was far better business to engage in pro- duction and sale of a commodity that is pleasing to the brethren of the mau- soleum buyers who remain behind them and are apt to call for succes- sive servings after the first. The sec- ond lesson gave him an impression of the ultimate fate which awaits Iowans who cling too long to the native heath and so, when a business acquaintance, one Wilbert Shallenberger, an execu- tive of the Thanhouser, Mutual, Majestic, New York Motion and Key- stone Film companies, remarked to Johnston one day that the position of confidential secreta^' to one of his business associates was open, Johnston bent the opportunity to his purpose and, early in 1914, departed for New York to embark on his film industry career as the aide of Charles J. Hite. It required only a few months for Johnston to master trade language and learn how much magic there was about the magic lantern. At the end of his first two months he was treasurer of Syndicate Film Co., which was organized to distribute "The Million Dollar Mystery," the first of the notable serial pictures and one of the most successful of them all. It represented a negative cost of $70,000 and grossed $1,600,000, ac- cording to the aging records. This baptism in film finance is held by his friends to account for John- ston's idea of introducing to picture customers the famous Oklahoma bandit, Al Jennings, a one-time can- didate for governor of that state. Jen- nings was featured in the "thriller," "Beating Back," the success of which aided Johnston's uninterrupted march onward and upward in film circles. Hite's interests extended beyond production into exhibition, and John- ston's knowledge of the industry was rounded out as a result of this when he was assigned by Hite to supervise the operation of two New Rochelle, N. Y., houses which had been dipping into the red ink well too long and too frequently. He looked over the situation, discovered that overhead was too high for the calibre of fea- tures being served the houses, that the public was "shopping for its enter- tainment"— even in 1915 — and no longer going to the theatre just to see "a movie." He made the neces- sary adjustments and returned to headquarters with the two theatres showing a profit. Anxious to learn all ends of the business, Johnston, thereafter, went on the payroll of the Thanhouser com- pany as an actor for six months. He succeeded, during this interlude, in getting the actor's "slant" on produc- tion. However, his advent on the stages did not disturb any of the reigning stars of the day, that is, not after they had seen the "rushes" on his first effort. A few months later he was made manager of the newly opened That houser studio at Jacksonville, Fl Unsullied by a Hollywood influeno Johnston returned to New York the summer of 1916, still equipped t be of even greater use to the indu; try. He became assistant treasurer c Thanhouser and, later, president Big Productions Film Corp. In 191! he joined W. E. Shallenberger, win in the meantime, had organized Ai row Film and remained with this con: pany for seven years, eventually b< coming its vice-president and gener; sales manager. In Januarv. 1924, Johnston orgat ized Rayart Pictures and. through i succeeded in turning a $10,000 stoc investment into a business gross c $1,250,000 by the time talking pit tures arrived in 1927. As major coit panies experimented or wondered, ; the case mav be. with the new pre duction and exhibition factor intrt, duced by sound, Johnston perceive' an opportunitv to be exercised du ing the period in which both studic and theatres equipped themselves fo sound. His idea was to produce an at. nual schedule of 24 silent "western'' to service the thousands of exhibitoi who would have a need for this tyf of product while major companiV were marking time, learning th technique of sound and acquirir equipment. To better serve his purpose, he a lied himself with Trem Carr, a CaE fornia producer, who was to hai( charge of production while Johnsto retained business administration furu tions in New York. Carr was active voung producer on the HolN wood scene since 1922. Like Johi ston. he hailed from a small mii3 western town — Trenton, 111., and w; educated at the state university. ¥ became vice president of Rayart. The venture was a success an when sound finally assumed its rig place in the industry, Johnston an Rayart were prepared for the ne order. In 1931. he called in the dir tributors of his product, who were i dependent exchangemen througho the country, and formed a cooperati' I organization known as Monogra Pictures, patterned after the stru ture of the old First National organ zation. His production and distrib tion organization were merged c operatively to make and sell a tal ing picture program of 28 featurt Franchise holders were named in tl new organization, each paying a p rata share of the cost of each pi (.Continued on page 22) ru. To ooir President, W. RAY JOHNSTON IT has been our pleasure to be associated with you in the motion picture business for a good many years. This year marks your twentieth anniversary in the in- dustry. A few of us have had the privilege of work- ing with you during the entire twenty years. Many of js have worked with you for ten years or more. We felt honored to be identified with you then; we feel lonored to be identified with you now. i Mr. Johnston, you are now embarked on one of the oiggest enterprises of your career — the direction of •he activities of Monogram Pictures Corporation. We take this opportunity to thank you for your inspir- ing leadership. We wish also to pay tribute to Trem Carr, vice president in charge of production, and his executive staff, headed by Lou Ostrow, for the steady mprovement in the quality of Monogram Pictures. vlr. Johnston, we appreciate the way you have given o generously and unsparingly of your time, thought and effort to make the Monogram Company the lead- ng independent company and a dominant factor in rhe motion picture sun. To show what this means to js, we are doing everything in our power to make the vlonogram Company all that you hope it to be. n a word, Mr. Johnston, we are with you to a man. MEN of MONOGRAM ALBANY ATLANTA BOSTON BUFFALO CALGARY CHARLOTTE CHICAGO CINCINNATI CLEVELAND DALLAS DENVER DETROIT INDIANAPOLIS KANSAS CITY LITTLE ROCK LOS ANGELES MILWAUKEE MINNEAPOLIS MONTREAL NEW ORLEANS NEW YORK NEW HAVEN OKLAHOMA CITY OMAHA PHILADELPHIA PITTSBURGH PORTLAND SAINT JOHN SAINT LOUIS SALT LAKE CITY SAN FRANCISCO SEATTLE TAMPA TORONTO VANCOUVER WASHINGTON WINNIPEG Our congratulations and sincerest eood wishes to W. RAY JOHNSTON on the completion of 20 years of constructive and productive service in the motion picture industry J. E. BRULATOUR, INC. EASTMAN FILMS New York Chicago Hollywood Congratulations Mr JOHNSTON on the celebration of your twentieth anniversary in the motion picture business and our best wishes for your ■ •/■ I CONTINUED SUCCESS = Consolidated Film Industries, inc. NEW YORK *<^£$j£$%y HOLLYWOOD Congratulations to W. RAY JOHNSTON on his 20th Anniversary from the Exclusive Foreign Distributors of MONOGRAM PICTURES JAMES V. RITCHEY NORTON V. 'RITCHEY RITCHEY EXPORT CORPORATION RKO Building, Rockefeller Center, New York City Cable Addresses JARITCHEY JAYVEE RICHPICSOC NEW YORK LONDON PARIS w. ray johnston 20th ANNIVERSARY PRESIDENT MONOGRAM PICTURES CORP. There'll Be No Line 4 Blocks Lorn LIONEL ATWILL WILL ENTERTAIN AUDIENCES EVERYWHERE They Saw LIONEL ATWILL IN DOCTOR X THE SPHINX MYSTERY OF THE WAX MUSEUM THE MYSTERY OF THE BLUE ROOM They'll want to see him in this new thrill-drama 'olice Reserves Won't Be Called Out We salute IV. T^ay Johnston on his 20th Anniversary and wish him continued success Midwest Film Distributors, Inc. 1516 Davenport Street 221 West 18th Street Omaha, Nebraska Kansas City, Mo. C. M. Parkhurst, Mgr. Robt. F. Withers, Mgr. w. ray johnston 20th ANNIVERSARY We have done business with W. RAY JOHNSTON ever since he started sell- ing independent product. We believe we have the record of buying all the pictures he has made JAKE FLAX 22 Years SAM FLAX 21 Years in the Motion Picture Business LIBERTY FILM EXCHANGE 8th FLOOR, MATHER BUILDING, 916 G STREET, N. W., WASHINGTON, D. C. Congratulations ii IV. 1 JOHN W. MANGHAM Atlanta I.BERT NATH ANSON Minneapolis S. SEPLOWIN Detroit C. M. PARKHURST Omaha CARL FLOYD Tampa J. G. FRACKMAN Milwaukee AL BLOFSON Philadelphia C. A. SCHULTZ, Jr. K. C, Omaha D. M. B. H. MILLS A Ibany J. BERKOWITZ Buffalo LEO SEICSHNAYDRE New Orleans J. H. ALEXANDER Pittsburgh I. W. MARRIOTT Indianapolis SAM FLAX W ashington MATT APARTON 5Vaff/e ROBERT WITHERS Kansas City NAT L. LEFTON Cleveland HOWARD STUBBINS Loj Angeles . . C. J. FARNES NAT STEINBERG BARNEY ROSENTHAL HARRY S. LORCH Portland St. Louis St. Louis Chicago J. T. SHEFFIELD JV. W. District Mgr. E. H. MOREY Boston MORRIS EPSTEIN New York HARRY I. GOLDMAN New Haven WM. ONIE Cincinnati SOL DAVIS Oklahoma City ; HAIL! to W. %AY JOHNSTON On his 20th Anniversary in motion picture business. We're proud to be exclusive distribu- tors of Monogram Pictures in our ter- ritories. Claude Ezell W. G. Underwood Independent Film Distributors 2011 Jackson Street, Dal Syndicate Pictures Corp. 623 W. Grand Ave., Oklahoma City, Okla. Sol. Davis, Mgr. Home State Film Co. 108 Cross Street, Little Rock, Ark. B. F. Busby, Mgr. a s e x. w. ray johnston 20th AN N IVERSARY HATS OFF to W. %AY JOHNSTON An Outstanding Leader in the Motion Picture Industry NEW RELEASES "He Couldn't Take It" "Woman's Man" "Beggars in Ermine" "Mystery Liner" SECURITY PICTURES, Inc. IRVING W. MANDEL, Pres. MILWAUKEE CHICAGO INDIANAPOLIS We're Proud to be associated with W. RAY JOHNSTOr and Monogram Picture 20 YEARS of steady progress HERMAN RIFKIN, Pres. HOLLYWOOD FILMS CORf 25 WINCHESTER ST., BOSTON, MAS M. E. Morey, PRESIDENT MONOGRAM PICTURES COR It's a Privilege to b a member of W. RAY JOHNSTON'! Monogram Compan on his 20th Anniversa It's also a privilege to have pictures like "Beggars in Ermine" "Woman's Man" to Distribute J. S. JOSSEY J. P. FRIEDHOFF NAT. L. LEFTO Monogram Pictures Corp OF OHIO CLEVELAND CINCINNA1 20 years association th W. RAY JOHNSTON his 20th Anniversary We consider it a privilege to be identified with him and his MONO- GRAM PICTURES "WOMAN'S MAN" "HE COULDN'T TAKE IT" "BEGGARS IN ERMINE" "MYSTERY LINER" Arthur C. Bromberg Attractions .ANTA — CHARLOTTE — NEW ORLEANS — TAMPA w. ray johnston 20th AN N IVERSARY ur Feeling and Loyalty r W. RAY JOHNSTON but a small tribute to PAY a truly Great Leader on his 20th Anniversary WE MARCH ON WITH MONOGRAM ONOGRAM PICTURES, inc. 'I Boulevard of the Allies sburgh, Pa. pes H. Alexander, Mgr. W. RAY JOHNSTON We Congratulate You on your TWENTIETH ANNIVERSARY in the MOTION PICTURE INDUSTRY SUPER QUALITY CO.* Inc. Cuts and Mats 318 E. 23rd St., N. Y. C. AL 4-5108 PRESIDENT MONOGRAM PICTURES CORP. Congratulations to W. RAY JOHNSTON on completing his 20th year of Leader- ship in the Motion Picture Industry WATCH for "BROKEN "HE COULDN'T "WOMAN'S DREAMS'' TAKE IT" MAN" PREMIER PICTURES CORP. 3214 Olive St., St. Louis, Mo. NAT STEINBERG BARNEY ROSENTHAL ; MONOGRAM PICTURES presents EDGAR WALLACE'S NOAH BEERY * ASTRID ALLYN • CORNELIUS KEEFE RALPH LEWIS • GUSTAV VON SEYFFERTITZ Edgar Wallace's name is synonymous with the best in mystery fiction. And "Mystery Liner" is one of the most exciting stories he ever wrote. Here's a crime that would take the combined cleverness of Sherlock Holmes, Craig Kennedy and Philo Vance to solve. And it's something new in thrillers. Murder on a mysterious ocean liner filled with strange people and operated by an unseen hand through radio control. It's a sensation! Supervised by PAUL MALVERN Directed by WILLIAM NIGH Adapted by WELLYN TOTMAN From EDGAR WALLACE'S SATURDAY EVENING POST story "The Ghost of John Ho Hint >sday, January 23, 1934 MOTION PICTURE DAILY 21 Sonogram Has 8 More to Qo IOLLYWOOD, Jan. 22.— Mono- gram has eight pictures to go. The keynote of them will be ex- litation and the plan is to have three irters of the entire program com- ted by the time the company's irth annual convention is held in irch. 'The finest production in the world uld be a flop if it had nothing by ich the exhibitor could sell it to public. We intend to make this - first consideration in producing mogram features today," said Trem rr, vice-president in charge of pro- :tion. 'Every writer is instructed to con- er the box-office in the preparation his script. We are making pictures the entertainment of the public, i there is no more highly diversified competitive market in the world in the amusement field. For this ison entertainment must be sold to public, and that brings us to ex- ly the thing that we intend every )nogram picture to have— exploita- n possibilities — the means by which : pictures can be sold. 'Cast, production, direction and ry must all be there, but first of all ist be exploitation." rhe picture in production is "The udspeaker," with Joseph Santley di- cing and Ray Walker in the star- g role. Walker was signed to star Monogram productions at the in- jtion of the new program. This s the company's first move to de- op its own starring personalities d the success of the experiment was :ently evidenced in the renewal of Walker's contract for three more pictures. The three productions awaiting the starting gun are "Jane Eyre," Adele Comandini's adaptation of the Char- lotte Bronte classic, to be produced by the Ben Verschleiser unit ; "Num- bers of Monte Carlo," the E. Phillips Oppenheim novel, to be directed by William Nigh for the Paul Malvern unit, and "Manhattan Love Song," to be directed by Leonard Fields from the adaptation of the Cornell Wool- rich novel by Fields and David Silver- stein. W. T. Lackey heads the unit producing "The Loudspeaker." To date Monogram has completed 10 of its announced program of 20 features, while its western subsidiary, Lone Star Prod., headed by Paul Malvern, has completed four of eight John Wayne westerns. Among the features completed so far, are "A Woman's Man," featuring John Halliday, Wallace Ford, Kitty Kelly, and Marguerite de la Motte, which was directed by Edward Lud- wig from the Adela Rogers St. John story; "Mystery Liner" with Noah Beery, Astrid Allyn, Gustav von Seyffertitz, Edwin Maxwell and Cor- nelius Keefe, directed by William Nigh from Wellyn Totman's adapta- tion of the Edgar Wallace novel, and "He Couldn't Take It," directed by William Nigh, and featuring Ray Walker, Virginia Cherrill, George E. Stone, Stanley Fields and Dorothy Granger. Robert Vignola directed "Broken Dreams" with Randolph Scott, Mar- tha Sleeper, Joseph Cawthorn and Buster Phelps, which Monogram con- siders one of its best. The biggest hit to date, however, was "The Sweet- heart of Sigma Chi," with Buster Crabbe, Mary Carlisle, Charles Star- rett, Florence Lake, Sally Starr, Ed- TREM CARR die Tamblyn and Ted Fio Rito's orchestra. Edwin L. Marin directed, with W. T. Lackey supervising, ac- cording to the company. Charles Vidor was the director of "Sensation Hunters" featuring Ar- line Judge, Marion Burns, Preston Foster and Kenneth McKenna, with Robert Welsh supervising. "Sixteen Fathoms Deep," featuring Creighton Chaney and Sally O'Neil, was di- rected by Armand Schaefer for the Malvern unit, from the novel by Eustace L. Adams. "Beggars in Ermine" was adapted by Tristram Tupper from the story by Esther Lynd Day. It was Lionel Atwill's second starring production for Monogram and featured H. B. Walthall, Betty Furness, Jameson Thomas and James Bush. Phil Rosen directed with W. T. Lackey supervising. First on the new program was "The Avenger" starring Ralph Forbes and Adrienne Ames. It was directed by Edwin Marin from the novel by John Goodwin. Tristram Tupper and Brown Holmes adapted the story. Another recent Monogram was "Devil's Mate" with Peggy Shannon, Preston Foster and Ray Walker, su- pervised by Verschleiser and directed by Phil Rosen from the story by Leonard Fields and David Silverstein. Present personnel of the produc- tion staff, headed by Carr includes Lou Ostrow, executive producer ; W. T. Lackey, Ben Verschleiser and Paul Malvern, supervisors ; Tristram Tup- per, Leonard Fields, David Silver- stein, Adele Comandini, and Norman Houston, scenarists ; E. R. Hickson, technical director ; Fred Steele, audi- tor, and Lindsley Parsons, studio pub- licity director. Releasing through Monogram ex- changes are Lone Star Prod., which to date has completed "Riders of Destiny," "Sagebrush Trail," "The Lucky Texan" and "West of the Di- vide." Directors on the series have been R. N. Bradbury and Armand Schaefer. The Inside Pertinent and personal data on W. Ray Johnston on page 22. W. cR^ay Johnston We salute you for 20 years of consistent accomplishment in the motion picture industry. 'LOVE'S MEMORIAL" Agra, India ® "CHILDREN OF THE NILE" Kerdessa, Egypt WILLIAM M. PIZOR Presenting Monogram 9s PORT O' CALL "ADVENTURE ISLE" Port Moresby, Papua SERIES OF 13 SINGLE REEL TRAVEL ADVENTURES Produced by DEANE H. DICKASON "THE LAST RESORT" Djibouti, French Somaliland MOTION PICTURE DAILY MOTION PICTURE DAILY* HOLLYWOOD PREVIEW "Joe Palooka" (United Artists) Hollywood, Jan. 22. — Based on Ham Fish's popular cartoon strip, Joe Palooka in films brings to life the pen and ink characters which have enjoyed wide distribution in newspapers. Essentially a comedy, it serves also a mixture of romance and home- spun ringside action with some inside on the prizefight racket. Accidentally becoming a prizefighter, Joe Palooka (Stuart Erwin), knocks out the champ, who enters the ring half cocked. The vamp, Lupe Velez, the former champ's sweetie, takes the new champ into camp. Thereafter the champ and the ex spat over Lupe. Palooka's mother, Marjorie Rambeau, doesn't want her son to fight. Palooka's manager, Jimmy Durante, knows he shouldn't fight, but a cafe brawl between the ex champ and Erwin over Lupe results in articles being signed. Pa- looka's father, Bob Armstrong, a former champ, returns to train his son. Palooka is knocked cold, but after the fight, in a verbal fracas, he knocks the champ cold. Durante is the laughing highlight of the film with his well known antics and singing. The cast also includes Thelma Todd and Mary Carlisle, who do well in small parts. Wherever Palooka in newspapers is liked, Palooka on the screen should do well. Produced by Reliance. "Looking for Trouble" (20th Century-U. A.) Hollywood, Jan. 22. — Behind the lines of telephone wires, as pictur- ized in "Looking for Trouble," lie romance, humor and excitement. These elements, flung against rain, sleet and earthquake, give point and counter point to the human drama parading before the colorful back- ground. Two trouble shooters, Spencer Tracy and Jack Oakie, jobbing to- gether, are romantically inclined with two information girls, Constance Cummings and Arline Judge. Involved with wire tappers and a moll of the mob, Judith Wood, the boys maintain a hot pace of gags, running fire action and down to earth laughter that makes this picture solid en- tertainment. In Tracy and Oakie a new screen team is born. They act as splendid foils for each other. Tracy adds another laurel to his wreath of fine performances. Oakie balances his befuddled demeanor with Tracy's cock- sure confidence. Miss Cummings combines her beauty with an attractive performance. Miss Wood turns in a swell job. William Wellman's direc- tion maintains a fast pace, with virile strokes. This melodrama, with its robust action, tangy lines and lusty laughs should draw the masses who like thrilling entertainment. 22 On Ray Johnston HE dislikes moving. Always man- ages to be called out of town when there's any moving going on. He was in New England when he moved his home from New York to Larchmont and in Hollywood when his offices were transferred from 723 7th Ave." to Radio City. • He pays $150 a game for his golf. At least, that's what it figures to when you compute what he pays to be a member of Rockwood Hall as against the six games he plays an- nually. • He pays $55 a lunch to the New York Athletic Club. He's a member but attends only three times a year. • Even Johnston admits that these costs are nothing compared with keep- ing up Club Monogram which he op- erates in the cellar of his home in Larchmont. • He has managed to reduce the cost of golf games a little, though. Since he moved to Larchmont, he's three minutes' walk from the nearest golf course and now plays seven games in- stead of six. Games now only cost $30 each. • He asks his stars to take no risks he won't take himself. This summer on his way to the coast he travelled along a highway in New Mexico where part of the road had been washed away by floods. He and his partner, Trem Carr, came to the bridge where the supports were hang- ing on by the barest of threads. Carr suggested driving the car back some 50 feet and riding across sixty miles an hour a la Bob Steele. P. S. Both men lived. The bridge held. • He has a parrot that attends all his parties. He camps on Johnston's right shoulder and stays there until two or three in the morning. Even later. • Even the family pets are named after his pictures. His parrot's name is Oliver Twist and he has a cat named Casey Jones. He just bought a white collie whom he has nicknamed Black Beauty, because he didn't have a horse to answer the purpose. • He wears a watch with his name on the dial — one letter for each number. He's one of those fortunate people who have exactly 12 letters to their name. • He's never without a radio. Owns and operates eight of them. • He collects all sorts of oddities and knicknacks and likes to show them to his friends when they come out to the house or visit him in the office. • He's one of the biggest men in the motion picture industry — six feet, six inches in stocking feet and hat on. • He goes 50-50 on everything with Carr — even to the extent of sharing losses on a recent holdup. • He's always proud to admit he was the screen's worst actor when refer- ring to his starring days with the old Thanhouser Company. M-G-M Completes 29 Tieups on "Eskimo" M-G-M has completed 29 tieups for 'Eskimo" and is now working on the pressbook, which, the company states, will be the largest it has ever put out. The press sheets will measure 24x 32 1/2 inches. The tieups include Atwater Kent radio, Borden's Milk and Chateau cheese, Eskanoe Canoe, Quaker Cream of Wheat, and Puffed Wheat, Dia- mond Match, Eskimo shirts and Hun- ter's coats, Eagle Knitting Mills, products, Eskimo Quinine, Eveready Battery, Eskimo Pie, Eskimo Doll, Electrical Mixer, Domino sugar, Hills Bros.' coffee, Hohler Motor, Kellogg's All-Bran, Loose-Wiles Sun- shine biscuits, Lipton Tea, Lucky Strike, Post Toasties, Royal Baking Powder, Remington typewriter, Norge refrigerator, United Electrical Co., Waterman Fountain Pen, Vapex and Remington Arms. To Play Vaude Week-End Beginning Jan. 27 the RKO Madi- son, Brooklyn, will play vaudeville Saturdays and Sundays. Funeral of Greason Will Be Held Today Funeral services will be held this morning at 11 o'clock at the Riverside Memorial Chapel for Alfred Rusbton Greason, "Rush" of Variety. Greason died Sunday at the Park West Hos- pital where he had been a patient with a kidney ailment since New Year's Day. A widow survives. Greason had been on the Variety staff 28 years and reviewed almost every form of entertainment steadily during that period. Anne Maxwell Dead Anne Maxwell, veteran scenario writer, at various times with Vita- graph, Fox, World Film and First National, died at her home in Brook- lyn, yesterday morning. Miss Max- well had many successes to her credit and wrote the silent adaptation of "Little Women," produced by World Film. Her more recent works were produced by Vitaphone. Burial will take place at 2 P. M. tomorrow following funeral services at the New York and Brooklyn Fu- neral Parlors, 187 S. Oxford St., Brooklyn. Tuesday, January 23. 1924 Short Subjects "The Mystery Squadron'*] (Mascot) It grips. Latest in the series o I Mascot serials moves and moves fas J through its footage and, on the basin of the opening three episodes, look* I like the McCoy for the serial faithfull| The story concerns construction o I a dam in New Mexico and efforts Y, the mystery man. known as the Blacl Ace, to stop the project because it completion will flood the richest gok mine in the land. Only the dam build I ers aren't aware of this. Brought in I to the scene as part of the move t< I keep construction going, Bob Steel I and his flying companion, "Big Boy' I Williams, find themselves in the thicl I of the fray as soon as they get int( I it. In the first three chapters, sus I picion flows back and forth betweei I J. Carrol Naish, Purnell Pratt am I Bob Frazer, but, by the beginning o I the fourth, the real identity of th I Black Ace continues to be unknown I There are air crashes, gun fights I rough and tumbles in the air and oi I the ground and considerable, melo I dramatic excitement. Much of thi I air stuff is thrillingly photographed. Production values are O.K. Tha I goes for the cast, including, aside fron Steele and others mentioned earlier Lucille Brown as the heart throb. Jack Mulhall, Edward Peil, Lafe Mc Kee, Bob Kortman and Edwarr Hearn. Dave Howard and Bef Clark directed. From Iowa to Code Authority, {Continued from page 6) ture and holding a stock interest ii the parent company and sharing in it; profits. The following year when the com pany's franchise holders convened ii New Orleans, the schedule for thi, new season was increased to 32 fea tures. In that year, 1932, its distribu tion became world wide with Pathf distributing in England and Empir Films Ltd. in Canada, and variou: agents in other principal countrie' throughout the world. In the Unitei States were 37 affiliated Monogran exchanges, covering every key city Its 1933 convention at Atlantic Cirj was attended by 100 delegates wh< voted to increase the budget cost o the current season's schedule by a least one-third in order to better servi its list of customers. During the year the companv's headquarters wen moved from 723 7th Ave. to resplen dent new quarters in the RKO Build ing, Radio City and Johnston wa named to Code Authority. From hi i sanctum there Johnston now marks hi 20th anniversary year in the industr with the announcement that the com pany's schedule will be further in creased to 36 features next season. Off to Do "Murder" Earl Carroll, his manager, Ton Rooney, Teet Carle of the Paramoun' coast publicity department, and H Carroll girls, leave for the coast to day preparatory to starting "Murdei at the Vanities." The troupe will make brief stop overs enroute to Hollywood, where i will arrive on Sunday. I UNIVERSAL NEWSREEL scores two separate hits t * in one issue; EXCLUSIVE scenes marking the overthrow of Grau San Martin as head of The Cuban Republic - - FIRST on the screen with the actual scenes of the six naval flying boats at the end of their non-stop flight from California to Hawaii. "Issue No. 216 MOTION PICTURE DAILY Hollywood On Parade By BILL SWIGART - 24 New Orleans Forms New Unit for MPTO New Orleans, Jan. 22. — A tem- porary organization intended for affi- liation with the M.P.T.O.A. has been formed here with Harry S. McLeod of the St. Charles as president. Other officers are : First vice-president, A. Higginbotham, Baton Rouge; second vice-president, Joe Barcelona, Baton Rouge ; third vice-president, Charles Lauve, Franklin; directors, Ed. My- rick, Joseph Alsena, New Orleans ; Philip Shinan, New Iberia. Organization was effected after an address by Ed Kuykendall, in which he criticized Abram F. Myers, Allied general counsel, and said : "The in- dustry as a whole is bigger than any individual and that's the way it's going to be." Penn. MPTO Elects New Officers Today Philadelphia, Jan. 22. — Code problems and the annual election will be two of the subjects up today at a meeting of the M.P.T.O. of Eastern Pennsylvania, Southern New Jersey and Delaware. Percentage disputes with United Artists, patent troubles with Amer- ican Tri-Ergon and the local opera- tors' situation will also be discussed. /. E. Chadwick Calls Coast Independents Hollywood, Jan. 22. — I. E. Chad- wick has called a meeting of all inde- pendent producers to organize the west coast set-up of the Federation ot the M. P. Industry. According to the plan to raise funds, producers will be asked to pay $10 a reel for each positive print and exchanges will be taxed 10 cents a reel on each release. Ochs Calls Session On M. P. Club Plans Lee Ochs, president of the M. P. Club, has called a general meeting of the membership for tomorrow when several plans to perk up the interest of the club will be put to the mem- bers for a vote. One includes instal- lation of a bar and others revolve around creating interest in the club as the daily meeting grounds. Arthur in St. Louis To Handle Fox Deal St. Louis, Jan. 22. — Harry C. Arthur and his attorney, Herman J. Weisman of Waterbury, Conn., ar- rived here today to confer with the receivers of the Fox, preparatory to final closing of the F. & M. deal, ex- pected this week. Arthur and his lawyer will remain here a few days before heading back to New York. Manager Directs Firemen Brighton, Colo., Jan. 22. — By climbing a telephone pole and direct- ing firemen where to turn the water, W. Glenn Miller, manager of the Rialto, probably saved the town from a serious blaze. The fire had started in the old opera house building and was gaining headway until Miller climbed the" pole, gaining the vantage point. Damage was held to $500. Hollywood, Jan. 22. — A local statis- tician, like the thousand and one inventors trying to perfect perpetual motion, is going around in circles try- ing to calculate what Hollywood spends annually for parties. Since the cost of these parties ranges all the way from the price of a quart of gin and a ham sandwich, to the other ex- treme of champagne, costly favors and a banquet, accuracy of any calculation along this line is about as impossible as the perfection of perpetual motion. • The performance of Douglas Montgomery and Dorothy Wilson in "Eight Girls in a Boat" has con- vinced Charles R. Rogers of their potentialities as co-starring timber and has set the couple to head the cast in "Canal Boy," an original story by Forrest Halsey and Clara Be- ranger. • Of all the goofy propositions being daily presented to the local Hays of- fice for approval is that of a local photographic expert who has perfected a unique system for making composite photographs. The genius has per- fectd the system so well that he can place any star in any sort of pose with Joe Doakes from Oshkosh Imagine what the Beau Brummel from any Main Street would pay to have his picture grouped in fond embrace with Greta Garbo. It would be great sport for the outsider, but just another headache for the Hays office. The proposition was kaoyed before it could reach the studios. • Rudy Vallee's departure for the East created considerable suspense at the Fox studios until the rushes for his last scenes were okayed. Had re- takes been necessary, the company Va. Women Protest Censor Board Shift Richmond, Jan. 22.— Some protest has been made by women's clubs over Attorney General John R. Saunders' request for the resignation of Mrs. Emma Speed Sampson as a member of the censor board. She was one of the original appointees in 1922. Mrs. Elizabeth Churchill Chalkley, widow of the late Senator John W. Chalkley, who is scheduled to succeed Mrs. Sampson, has been a member of the State Prohibition Department which is being abolished as a result of repeal. To Hold London Meet Columbia will hold a three-day sales meeting of the entire English sales force in London on Jan. 27-29. Joseph Seidelman, who arrives in London on the Olympic shortly before the session, will preside. Following the meeting Seidelman will make a survey of the European situation. N. O. Zoning Problem Up New Orleans, Jan. 22. — Zoning problems confronting Warners, United Theatres, Inc., and the Newcomb and Wonderland theatres are expected to reach the clearance and zoning board as soon as it starts functioning. would have faced a problem that even money readily could not have straight- ened out. • The dailies and wire services are still falling for the elusive Garbo hoax, by playing up the recent Garbo- Mamoulian vacation trip to the Grand Canyon in a big way, and to make it big the recipients of this in- estimable free publicity are acting their part in true scenario fashion. After establishing their identity in one spot, they hurried away for an- other spot and a new chapter in the chase. • Notes for the Book . . . Ruth Roland has joined forces with Dave Arlen in the business of free lance publicity purveyors. . . . Eph Asher has been assigned to produce Poe's "The Black Cat" with Bela Lugosi and Boris Karloff. Also "Mary and Elizabeth" with Margaret Sullavan as Mary and possibly Pauline Fred- erick as Elizabeth. Both pictures are for Universal. . . . Maury Cohen, producer of Invincible Pictures, has changed the title of his current pro- duction from "Swan Song" to "Cross Roads." The picture features Claire Windsor, John Mack Brown and Anita Louise and was directed by Frank Strayer. . . . Boris Karloff has two Scottie dogs, which he calls "Whiskey" and "Soda." . . . Edmund Lowe has reasons for being jubilant over the repeal of prohibition ... he owns 2,000 acres of grape land in central California, enough to furnish the whole industry with wine. . . . Lewis Stone is planning to make a six months' cruise around the South American continent in a 105-foot schooner, which he has just pur- chased. . . . First Income Taxes Fall Due in Kansas Topeka, Jan. 22. — Income taxes on individuals and corporations, imposed for the first time in Kansas to boost state revenue, are now due. Enacted by the legislature last winter, the law was made to apply on incomes for 1933 and is imposed on the net. Corporations are taxed 2 per cent and payments are due at the close of their fiscal year and become delin- quent and subject to penalties three and one-half months later. The as- sessment on individual incomes is graduated, ranging from one per cent up to $2,000, to 4 per cent on all over $7,000 annual net income. Exemp- tions are allowed for individual in- comes. Radio to Do "Pompeii" Hollywood, Jan. 22. — Bulwer-Lyt- ton's "The Last Days of Pompeii" will be filmed by Radio at a large cost. It was made as a silent 15 years ago by an Italian producer. Montage by Browning The photomontage used on the cover of Motion -Picture - Daily's Studio Number, published last Friday, 1 was prepared by Irving Browning. Tuesday, January 23, 193 Columbus Club Has 400 at 3rd Dinne Collmeus, Jan. 22. — Approximate,! 400 members, including delegatioil from Pittsburgh, St. Louis and C i. cinnati, attended the third annual baill quet and entertainment of the Coliml bus Variety Club in the DeshlJ Wallick ballroom here last night. Among the principal speakers wen J Sir Ernest Du Pille, billed as mai I aging director of Continental The; I tres, Ltd., London, scheduled to drl liver a serious address on Americel films. He proved, instead, to be \ professional English humorist of not I who released an unexpected line >i nonsensical chatter. A vaudeville program was given t I Olsen and Johnson, appearing here : I "Take A Chance," while outside tL ballroom, Haenlein's sideshow wjl presented. William M. ("Billy") James, hoi orary president of the Ohio M.P.T.C acted as toastmaster. Governor Georj White was among the notables presen Elliott Plans Film On Yangtze Rive Hollywood, Jan. 22. — Clyde 1 Elliott, who recently returned fro- Penang in the Straits Settlements wii a print of "Devil Tiger" for Fox rt lease, leaves for China in March ) film a story dealing with Chine; pirates on the Yangtze river. Tl story is tentatively titled "Yello Waters" and is an original by Bonn Powell. The picture will feature an all nath' cast and will require about six montl to complete, with actual filming takin place about 1,500 miles north ( Shanghai in bandit territory. Ellio' will take three cameramen in additio to his regular sound and technic; crew. Negotiations for release are no\ being conducted with two major corr panies. Canton to Have Two More Theatres Sooi Canton, Jan. 22. — This town wi have two more houses soon and wi lose vaudeville at one. Young & Rinehart have leased th, Lyceum, former burlesque and vaude ville house, and will open it on ;, stage-film policy in about a mont after spending $10,000 on the interior The name will be changed to th State. Allied Theatres, Inc., recentl formed by John P. Shilling, Helen Reese and Sydney L. Geiger, whic acquired the Columbia at a recent re ceiver's sale, is having sound installe< and will open it soon. Loew's is dropping vaudeville afte, a four months' trial. Walker May Receive Farley' s Party Jol Washington, Jan. 22. — Report were current here today that Presi dent Roosevelt is considering Franl C. Walker as successor to Postmaste General Farley for the chairmanshi] of the National Democratic Commit tee, Farley is said to have requested tha he be relieved of the chairmanship a he feels that- he could not hold politi cal and government positions simuL taneously. The Leading Daibr Newspaper of the Motion Picture Industry MOTION PICTURE DAILY Alert, Intelligent and Faith full | 1 Service to the Industry in All Branches >L. 35. NO. 20 NEW YORK, WEDNESDAY, JANUARY 24, 1934 TEN CENTS loblitzelle Is Named for Post at Para. mthwest Wants Him as Theatre Advisor Carl Hoblitzelle, Paramount theatre rating partner at Dallas, has been ;cted by all of the company's oper- ig partners in the southwest as the resentative of that territory on Par- ount's national theatre advisory imittee of six. loblitzelle is the third member of committee to be named, E. V. hards of New Orleans having been •cted to represent the south and N. Nathanson of Toronto to represent Canadian territory. The three re- ning members will be selected from New England, Chicago and far ;t territories. lither John or Barney Balaban is arded as likely choice for the com- tee from the Chicago territory. ara. Receivers' Expenses Up Soon J. S. District Court Judge John M. oolsey will pass on the Paramount □lix equity receivers' petition for iwances aggregating approximately (Continued on page 10) Izor Again Named lead of Penn MPTO 'hiladelphia, Jan. 23. — Lewen or was reelected as president of M.P.T.O. of Eastern Pennsyl- (Continued on page 12) HershReld Explains Although columnists "mis- quote him all the time," Sam- jel Goldwyn, under the im- pression he was talking to them at the Cheese Club yes- :erday, said he liked them iust the same and they are his best friends. When the producer finished his speech, Harry Hershfield took the floor and stated that what Goldwyn had tried to tell the boys was that he signed Anna Sten two years ago because he had inside lope that America was going :o recognize Russia. Majors Ask for Definite NR A Cancellation Ruling Reports Educ 'l-Fox Deal Is Off Bring Pair of Denials Probably Broadway's livest rumor yesterday was a story that Educational, dissatisfied with its current releasing deal, had served notice that it intended to distribute elsewhere. One angle of the report had it Hammons again planned an exchange system of his own. Sidney R. Kent, president of Fox, told Motion Picture Daily yesterday it "was news to him." Hammons declared : "Just a rumor and absolutely nothing at all to it. As a matter of fact, the first time I heard such a story was in circulation was when a newspaper reporter called to check." His 10 Per Cent Ruling to Stay, States Rosenblatt Player Loans Gain as Costs Rise on Coast Hollywood, Jan. 23. — Facing an in- evitable increase in costs because of the NRA, producers will be more sus- ceptible to farming their contract players to other studios when not needed on home ground. This, how- ever, will not apply to established stars, except on rare occasions. The practice of interchanging con- tract players — from one studio to an- (Continued on page 10) Hollywood, Jan. 23. — Conceding the right of major distributors to proceed with a legal test of his ruling, Sol A. Rosenblatt, division administrator, on arrival here today said that as far as he is concerned his decision regarding the application of the 10 per cent can- cellation clause will stand. The distributors' position was cited to Rosenblatt, to the effect that the date of approval of contracts is con- sidered the determining factor and contracts approved prior to the effec- tive date of the code are not subject to the exclusion clause. To that in- terpretation, Rosenblatt had this to say : "It makes no difference when an exhibitor signed a contract or when it was approved. If he has signed the code and fully complies with the pro- visions governing cancellations, he is (Continued on page 8) Stranger Within Gates Disturbs Code Authority An elderly gentleman with a brown fedora and brief case in hand visited the Code Authority for the first time yesterday and almost caused a riot when the members started to get down to the business of the day. When first approached by Motion Picture Daily, the man said he was an alternate for a member of the au- thority, but upon further questioning would not say whom he was represent- ing. Having read in this publication that Deputy Administrator William P. (Continued on page 8) Act at Code Authority Session — Johnson to Get Request Major distributors, through the Code Authority, yesterday asked for a definite ruling from the NRA legal department on the recent stand as- sumed by Division Administrator Sol A. Rosenblatt that the 10 per cent cancellation clause is retroactive as of Dec. 8. William P. Farnsworth, deputy ad- ministrator substituting for Rosen- blatt at the authority session, said he would take the matter up with Hugh S. Johnson on his return to Washington. The deputy will re- main in New York today to attend the hearing on the legitimate theatre code at Dr. Henry Moskowitz' of- fice. S. R. Kent, Charles L. O'Reilly, George J. Schaefer, W. Ray John- (Continued on page 8) Producers Gather For Talks on Code Hollywood, Jan. 23. — Producers as well as Division Administrator Sol A. Rosenblatt are making their head- quarters at the Beverly-Wilshire, and (Continued on page 8) Authority Lists 26 For Secretary Jobs Twenty-six additional names of persons recommended for places as secretaries of clearance and zoning and grievance boards were announced (Continued on page 8) Not A Nod Kansas City, Jan. 23. — When Division Administrator Sol A. Rosenblatt alighted from the train here Saturday night to get some platform exercise he nearly bumped into Mor- ton Downey, former president of the Actors' Betterment Ass'n, who was saying good- by to Barbara Bennett. Other players were also ex- ercising, but Rosenblatt didn't even give them a nod. MOTION PICTURE DAILY Wednesday, January 24, 1924/ MOTION PICTURE DAILY (Registered U. S. Patent Office) Vol. 35 January 24, 1934 No. 20 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 *ork. 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. Clifford, manager; London Bureau: 6 Brookland Close. Hampstead Garden Suburb, Bernard Charman, Representative; Berlin Bureau: Berlin-Tem- pelbof, Kaiserin-Augustastrasse 28, Joachim K. Rutenberp, Representative; Paris Bu- reau: 19, Rue de la Cour-des-Noues, Pierre Autre, Representative; Rome Bureau: Viale Gorizia, Vittorio Malpassuti, Representative; Sydney Bureau: 102 Sussex Street, Cliff Holt, Representative; Mexico City Bureau: Apartado 269, James Lockhart, Representa- tive; Glasgow Bureau: 86 Dundrennan Road, G. Holmes. Representative; Budapest Bureau: 11 Olaaz Fasor 17, Endre Hevesi, Representative. 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. Nationwide Variety Club Is Discussed Columbus, Jan. 23. — Formation of a national Variety Club is under con- sideration. Two members of the local club have been named to confer with representatives from St. Louis, De- troit and Cincinnati. Clubs are being organized in Cleve land and Denver. O IGNS on the winter horizon are beginning to point to bet- ter days for a long harassed picture business. The awful impact of the prolonged depression has left its marks and the ravages are not pleas- ant. It will be a long time before salary cuts are forgotten, once they are restored as eventually they will prove to be ; before the difficulties created by an enforced curtailment of working personnel, cessation of divi- dends and huge wallowings in red are wiped out and forgotten. Gradually, however, and as business conditions continue to improve slowly, the past will become the past and faces will turn resolutely and sanely, we hope, toward the new order of things. Triflingly short of a cataclysm as the last three years have been, there seems to us little to worry about over the stability and the future of a busi- ness that retains the common sense to realize it has been through some- thing and, having so learned, pro- ceeds to function along judiciously economic lines. A Peggy Fears to Fox Fox has signed Peggy Fears to a term contract and she will leave early in March to start in her first assign- ment. Miss Fears made a screen test for Fox while on the coast last spring. MOTION PICTURE ALMANAC 1934-35 NOW /A/ PMM/iA r/OA/ WHERE THE WORLD LOOKS FOR MOTION PICTURE «5- S a marker of the times and from a number of angles, all interesting, one of the best of the steering jobs through perilous whirl- pools has been done at Warners. There, the benefits finally reaped from conservative management are begin- ning to reflect themselves on the bal- ance sheet and, while the latest in financial reports deals only with the first quarter of the company's fiscal year, it is something in these times of deficits to note that the company changed inks to the tune of $105,752 in the black. Don't get any faulty ideas about the struggle that stalked behind these figures. There were salary cuts. As a matter of fact, there were salary cuts as high as 50 per cent. There were times, when cash was lacking to meet the payroll. Employes didn't cheer. As a matter of fact, undoubt- edly they didn't like it and there wasn't much they could do about it. but that particular blow was accepted with some sort of a hard times phil- osophy which may have dented loyalty without leaving any permanent scars. There were times when, because the Warners have been operating without banking aid, the brothers themselves had to dip into their private accounts and advance the necessary funds with- out which there could have been no continuance. There were times when the brothers not only cut their own salaries, but turned over what thev drew for apportionment among lesser employes. JLVERYONE who pro- fesses to be at all film wise must have heard the stories, bandied about free- ly months ago when the receivership era took hold, that the Warners would be the first to go. Only the company didn't, but remained by what sheer au- dacity and courage make explanation difficult, to adjust and trim corners and slash costs in a terrific battle, common with the entire business, to keep head above water. Theatremen may have and, subse- quently, did rant over the terms de- manded for "42nd Street." The per- centage brackets went higher. In many places, the picture was re-sold on stiff er terms. But perhaps over- looked has been the fact that the mu- sical which knocked records to the warm places and back again was re- leased during the moratorium last March when other distributors, or some of them, began to consider and. in some cases, actually did pull re- leases off schedule until the banking holiday had terminated. It took some courage to adopt that course on "42nd Street." That must be conceded as a point in fairness. (Continued on page 10) Eastman Takes V±-Point Gain Columbia Pictures, vtc. Consolidated Film Industries. Eastman Kodak Eastman Kodak, pfd Fox Film "A" Loew's, Inc Loew's. Inc.. pfd Paramount, cts Pathe Exchange' Pathe Exchange "A" pfd. Warner Bros. Net High 26/ Low Close Change Sales 25/ 26/ - / 100 4 4 4 + / 400 14 13/ 14 + / 1.600 87'/ 8SM 87 + a 2.100 120 120 120 4,000 15 14/ 15 1.300 29"/4 28^ 29 + / 15.600 81/ 81/ 81/ + / 100 3/ 3 3/ + H 17,600 m m V/t 900 1254 12 12 - / 500 3 2/ 3 2,600 7/ 7 7 6.200 Sentry Advances x/% Point Net Change High Low Close Sentrv Safety Control / / / Technicolor 10J4 WYt 10*6 — Sales 100 500 Paramount Broadway Down 1XA Net General Theatre Equipment 6s '40 General Theatre Equipment 6s '40, ctf. Keith B. F. 6s '46 Loew's 6s '41. ww deb rights Paramount Broadway 5/s '51 Paramount F. L. 6s '47 Paramount Publix 5/s '50 RKO 6s '41. pD Warner Bros. 6s '39. wd High Low Close Change + / Sales jr closed door conference Darryl nuck emerged stating that he had •nt an unusually interesting eve- ig discussing all phases of produc- n with Division Administrator Sol Rosenblatt. Rosenblatt did not bring up star E\V'S STATE— (3.400). 30c-35c-44c. 7 Gross: $11,000. (Average. $10,000.) "HIS DOUBLE LIFE" (Para.) "SMOKY" (Fox) TLLMAN — (1.900). 25c-35c, 7 days. «: $4,000. (Average. $4,000.) lirty Indies Discuss New IMPPA Plans ollywoou, Jan. 24. — Thirty inde- lents have discussed strengthening I. M. P. P. A. or merging with Federation of the M. P. Industry i the new organization to be vested i the power to handle code matters the smaller producers. Decision be made at a meeting Monday it. I. E. Chadwick, Trem Carr Sam Wolf have been appointed ommittee temporarily to handle ■ problems. urt Gets F. & M. Bid r. Lot-is, Jan. 24.— F. & M.'s for the Fox was submitted to uit Judge O'Neill Ryan today he receivers. It will probably be pted or turned down by the court irrow. It provides for a weekly nent of $1,350 for ground rent, s and insurance, F. & M. paying >perating expenses, with profits to pi it equally. scuss Academy Plans ollywood. Jan. 24. — A committer isting of Irving Thalberg, Kiim >r, Lewis Stone and Howard n conferred with J. T. Reed, head ie Academy of M. P. Arts and ices today on future plans for the emy. Reed, despite reports he is ning, pledged renewed support, lorts on the work will he made ay. muck to Cease May 1 (Llywood, Jan. 24.— Darryl Za I will call a halt in production for • weeks beginning May 1. The . films remaining on his schedule be finished by March 31. With family and the Bill Goetzes he .'go on a seven weeks' vacation to pe on Mav 1. Barter? According to Louis Sobol, "The Private Life of Henry VIII" is being shown in every country in the world — except Russia. Russia, it appears, offered a trade deal — it was willing to give a consignment of caviar, leather or vodka in exchange! No deal was made. CWA Cutting Down Ohio Relief Rolls Toledo, O., Jan. 24. — This city an- ticipates practical elimination of its relief problem at an early date, with the allocation of CWA jobs. So far relief lists have been reduced from 17,000 to 8,000. and a further reduc- tion of substantial proportions is ex- pected soon. The Cincinnati pavroll record to CWA workers has passed the $1,000,- 000 mark. A total of 75,000 checks has been issued since inauguration of the CWA program. This represents 1,770,441 man-hours of labor, at an average hourly rate of 56^ cents, and a weekly average wage of $16.95 based on a 30-hour week. Another favorable straw in the economic wind is the restoration of a $50 yearly cut granted to 3,750 Cin- cinnati employes. ASC Names Code Group Hollywood, Jan. 24. — A. S- C. has named a committee of five to represent it in code matters. It consists of Vic- tor Miller, Fred Jackman, James Van Trees, George Schneiderman and John Arnold, with Arthur Miller alternate. Seventy- five new applications for membership have been submitted. Denver Operators Elect Denver, Jan. 24. — The operators union has elected the following officers for this year : Ralph E. Sturdevant, president ; Harold M. LeHew, vice- president ; Edward A. Roegner, finan- cial secretary ; R. E. Waller, corres- ponding secretary, and Allen E. Wil- son, business agent. New House for Balto. Baltimore, Jan. 24. — Another col- ored house will be built on Pennsyl- vania avenue here between the Royal and the Regent by Ike and Simon Gornstein, owners of the latter play- house. It will be called the Diana and will seat about 600. Gores After Frisco House Sax Francisco, Jan. 24. — The Em- bassy is again on the market block. Closed recently by F. W. C, the house is now reported on the way to the Gore Brothers of Los Angeles. Thev looked over the house last week. Firnkoess With Warners Washington, Jan. 24. — John Firn- koess has joined the Warner circuit headquarters here as district manager for Virginia and Maryland. He was formerly division manager for RKO in Ohio. "Knife of Party" Ready "Knife of the Party." co-starring Lillian Miles and Jack Good, has just been completed by the Meyer Davis- Van Beuren unit. It is set for release in RKO houses. Anti-Billboard Bill Comes Up at Albany Albany, Jan. 24. — Both houses here today had before them for considera- tion measures that would prohibit erection of billboards and signs within 500- feet of the border of any state park or parkway except under writ- ten permission of the Regional State Park Commission. Signs for business conducted on the property would be permissible on buildings only if not more than 24 feet square and at least 15 feet from the ground. Senator John J. Mc- Naboe (D) and Assemblyman E. W. Bentley (R) introduced the bill. A similar effort met defeat last year. Fox Picks Connolly For Role as "Chan" Hollywood, Jan. 24. — Fox has bor- rowed Walter Connolly from Colum- bia for the top spot in the first of a series of three "Charlie Chan'' mys- tery films. Seton I. Miller is writing the screen play, which will go into production under the title of "Charlie Chan's Challenge." John Stone will produce. Spotting Connolly in the role of Chan, formerly portrayed by Warner Oland. is in line with the studio's plan to line up an entirely new cast for the mystery thrillers. Insiders' Outlook (.Continued from page 2) uring in more and more reports. Too, there may be some expan- sion in Monarch Theatres in which Sam has more than a pass- ing interest. . . . KANN Rogers in Film Dicker Buffalo, Jan. 24. — Buddy Rogers is dickering with two companies and will sign with one to make not more than three films a year, with the right to reject roles or stories, he declared in a Buffalo interview. Rogers plans to head for Hollywood after filling his engagement in the Paradise res- taurant, New York. He will keep his band and continue radio work. Fox Drops Players Hollywood, Jan. 24. — Options on the contracts of Florence Desmond and Dixie Frances have been dropped at Fox. Other names dropped within the past few weeks include Frank Mor- gan and George O'Brien. Hollywood, Jan. 24. — Paramount has exercised options on Sir Guy Standing, Ida Lupino and Mitchell Leisen. Rialto Gets First Fox Dating of "Devil Tiger" into the Rialto marks the initial Fox picture for the current season to be booked away from the Music Hall and Roxy, which have first call on the company's output. Arthur Mayer will probably date the animal film after "The Ghoul." The Fox deal is for one pic- ture only. Fox Apollo, K. C, Dark Kansas City, Jan. 24. — The Fox Apollo, which has been operating as a first run, has folded and may be re- opened if suitable product is found. A suburban house, the Apollo did not show a profit during most of its first run operation. Pick Will Rogers' Next Hollywood, Jan. 24. — Will Rogers' first under his new Fox contract will be "Merry Andrew," a screen version of a play in which Walter Connolly appeared. /. Louis Rome Recovers Baltimore, Jan. 24. — J. Louis Rome, managing director of Associ- ated Theatres, Inc., here has recovered from an appendicitis operation and has returned to his desk in the Capitol. Cincy Price Cut a Help Cincinnati, Jan. 24. — The reduc- tion of approximately 25 per cent in evening prices at the RKO Palace has stimulated business to an ap- preciable extent, last week's gross be- ing an estimated $17,000 for "Aggie Appleby" and "Greenwich Village Follies" on the stage. The house has been doing around $13,000. Buy Dorchester Site Boston, Jan. 24. — The Codman Square Theatre Co. has purchased the property at 633 Washington st, Dor- chester, containing building and 4,- 199 square feet of land, from Louis Lippman, trustee, assessed for $20,- 400. A rumor that the company plans to build a new theatre at that location could not be verified. Ben Jacksen on Coast Hollywood, Jan. 24. — Ben Jacksen, former studio manager for Fox, who has been in the east producing inde- pendently, has returned to Hollywood and is looking around for talent and possible studio headquarters in the event he decides to produce here instead of the east. Animators in Units Hollywood, Jan. 24. — Even the ani- mators are going on a unit basis. Ub Iwerks and P. A. Powers have sep- arated the 40 ComiColor animators in- to four units with two key animators and a gag man for each unit. They are working on a competitive basis. Denver Bars Marcus Denver, Jan. 24.— The A. B. Mar- cus' "La Vie Paree," a burlesque show, was barred from the municipal audi- torium after the chief of police had warned the manager of the building he would arrest the cast. Runs in Houston Houston, Jan. 24. — Protests by ministerial groups failed to halt the Marcus show here. The police com- missioner saw it and failed to find it objectionable. Mannix Here Eddie Mannix, M-G-M production manager, has arrived from the coast for a brief stay. MOTION PICTURE DAILY Thursday, January 25, Rosen Going Ahead On "Mad Dog" Film Hollywood, Jan. 24. — Having just returned from an extended European visit, Al Rosen is going ahead with plans to produce "The Mad Dog of Europe." He states that while abroad he dug up first-hand information re- garding the activities of the Nazis and will present it just as the moving- finger of Hitler is writing it. Rosen asserts that inasmuch as his presentation will be an accurate pho- tographic reproduction of the drama that Hitler has penned, "gentle Adolf should not be ashamed of his brain child," also that because the Nazis hold high the ideal of truth, they should not be afraid to permit others to see socalled Nazi truth portrayed on the screen. Rosen says that, while abroad, the Nazis issued a decree purporting to prohibit Jews from swimming in the swimming pools with Nazis. The Nazi high command contends that mixed swimming might contaminate the Nazis. Rosen contends it might contaminate the Jews. He states that he will announce distribution as soon as his film is completed. Virginians Move to Drop Censor Board Richmond, Jan. 24. — Agitation stirred up by the removal of Mrs. Emma Speed Sampson from the censor board and her refusal to re- sign until dismissed, has stirred a demand for abolition of the board. Major Edwin H. Gibson, assistant attorney general, says the attorney general has power of removal and will exercise it so Mrs. Elizabeth Churchill Chalkley can take office by Feb. 1. In the meantime some members of the legislature claim it would be an economy move to abolish the board. Assemblyman A. E. S. Stephens has a bill providing for the abolition of the board and Wilbur C. Hall of Lees- burg, chairman of the House finance committee, says he intends to move for the elimination of all appropriations for the board. Patrick V. Shea Dead Patrick V. Shea, father of Jack Shea, booker for the Feiber & Shea circuit, passed away Tuesday. Funeral services will be held tomorrow and in- terment will be at the Gate of Heaven Cemetery. Mrs. Hendrickson Dies Clayton Hendrickson, ad sales manager at the local Paramount ex- change, is mourning the loss of his mother. IJouU shaft wbmi tjousMit fjh hit with For Bookings and State Rights Wire JEWEL PROD., Inc., 723 7th Ave., N. Y. C. Some headline names disport themselves after the Interstate Circuit convention in Dallas. Somewhere in Mexico, left to right are: George J. Schaefer, Paramount; E. V. Richards, Saenger Theatres ; Jules Levy, RKO ; Sam Dembow, Jr., Paramount, and Karl Hoblitzelle in the background. MOTION PICTURE DAILY* HOLLYWOOD PREVIEW "Hi, Nellie!" (Warners) Hollywood, Jan. 24. — "Hi, Nellie I" is a nickname of derision handed a guy in charge of a "heart throbs" column on a newspaper. Paul Muni, a two-fisted managing editor, broken from his job, is stuck in the "dog house," and given the "Hi, Nellie" razz assignment. He creates a sensation with it, scores a beat on the story that sank him, and is elevated to his former job again. "Hi, Nellie !" is virile, staccato realism of reportorial enterprise, spattered with home ambition, hope, and some suggested romance. It moves rapidly. It is flavored with sauce of front page life and salted with humor. Muni turns in a finished performance. Glenda Farrell convinces as the girl reporter. Ned Sparks' dry humor registers, and a competent cast supports. The story has bite and bark, and what it lacks in heart it amply fulfills in romantic action built around reportorial resource- fulness. The direction is smooth and up to Mervyn LeRoy's high standard. The title may need explaining, but the film should satisfy those who like their newspaper yarns straight and strong. Stock Rise in Heavy Buying Net Columbia Pictures, vtc Consolidated Film Industries Consolidated Film Industries, pfd Eastman Kodak 87j4 Eastman Kodak, pfd Fox Film "A" Loew's, Inc M-G-M, pfd Paramount, cts RKO Warner Bros. Warner Bros.. pfd. High Low Close Change Sales 26% 26ys 26% 100 V/i 4 4% + % 600 WA 14 14 3.000 8754 8654 8754 + Vi 800 121 121 121 +1 1.000 157/8 14% 15'4 29% + H 4,900 30Vs 29% + Vt 30,900 21% 21% 200 3% M + % 26.800 2 m 2 + % 1,300 1254 12 mi + H 2.100 3 2%, 3 4,100 m 6% 6% - % 10.800 22 22 22 —l 200 Technicolor Gains % Point Net „ „ . „ High Low Close Change bentry Safety Control % % % ' Technicolor 1054 10^4 1054 +ys Bond Market Shows Advance General Theatre Equipment 6s '40. Keith B. F. 6s '46 Loew's 6s '41, ww deb rights Paramount Broadway S'As '51 Paramount F. L. 6s '47 Warner Bros." 6s '39, wd. 'High Low Close 654 654 654 . 58 58 58 92 92 92 38 38 38 . 37% 36% 37 ■ 3754 36 3754 51 50 51 Net +1 + Yi + % — % +W + Va Sales 100 1.100 Sale M-G-M Issues Huge "Eskimo" Pressbo* M-G-M has just turned out a 241 x 32 in. press book on "Eskimo" vl is claimed to be the largest the q pany has ever turned out. Included in it are details of 29 ups with national manufacturers, v appropriate stills for local use of th There is also an educational ar which includes water color cont' and children's tests of their knowle of Arctic life. A full page Sunday feature is r available in mat form, with 35 feat publicity stories, a 12-chapter and a variety of advertising campai) Outbids Capitol for New Warner Relea Outbidding the Capitol, Howarc Cullman yesterday signed a deal v A. W. Smith of Warners for Got Your Number," which has b set to open at the Roxy on Feb Dating of the picture at the 7th P house marks the first from Wan since Jan. 6, 1933, when "Fr Jenny" played there. The film formerly titled "Hell's Bells" stars Joan Blondell. "Dark Tower" to Warm Hollywood, Jan. 24. — Warners h purchased "The Dark Tower," a rr tery play by Alexander Woollcott George S. Kaufman. The story is intended as a veh for either Edward G. Robinson Warren William. Warners have also purchased magazine stories by Arthur Son Roche, "Roadhouse" and "Lady Di( which they will combine into a co nuity for one picture. Seidelman in London Londox, Jan. 24. — Joseph Sei> man, foreign general sales mana for Columbia, arrives here tomon on the Olympic. He will preside the three-day meeting of the Eng selling force which starts Jan. 27. Fassio Gets Singin' Si B. C. Fassio, president of Shamr Pictures, has closed a deal with Sin Sam, the Barbasol man, to do a se_ of songs in his "Ye Olde Time If trated Songs" series. MOTIOI PICTUR ALMANA 1954-35 NOW /A/ PA£M/IA T/OM WHERE TH E WORLD LOOKS FOR MOTION PICTURE PRKt fact* The Leading Daily Newspaper erf the Motioiyi Picture Industry MOTION PICTURE DAILY Alert, Intelligent and Faithful Service to the Industry in All Branches 35. NO. 22 NEW YORK, FRIDAY, JANUARY 26, 1934 TEN CENTS oldwyn Aims nother Blast t Hollywood ist Wake Up or Face Eclipse, He Says By RED KANN Wess Hollywood wakes up to vorld around it and refashions its uction meth- along quali- e. not quan- ve lines, it Is in grave ;er of losing ;upremacy as picture-mak- center of the d. There is and cannot ny monopoly [>rodu ction, ether geo- hically o r nvise, and h of the an- • to that is the progress being a in British production today, he executives in this industry are (Continued on page 2) Samuel Goldwyn ►per Sees Menace f Wild Prosperity ashington, Jan. 25. — Fears that United States in the near future suddenly run from depression in- i era of prosperity difficult to con- were expressed today by Secre- of Commerce Daniel C. Roper, making before the Kiwanis Club (Continued on page 6) itain in Bid for 7op Ranking: Kelly •thur W. Kelly, vice-president of ed Artists in charge of foreign ibution, who arrived from South- mi last night aboard the Euro pa (.Continued on page 6) Goes Two-a-Day United Artists is so keen bout its "Catherine, the reat," produced in London y Alexander Korda, that it as set the film in at the As- )r on a two-a-day basis be- inning Feb. 14. "Queen Christina" is now laying there. Look for Fox Midland Deal About Feb. 15 Ten-Month Delay Due to Woolf -Shanberg Claim Kansas City, Jan 25. — Delay in working out a satisfactory settlement of claims involving almost $500,000 held by M. B. Shanberg and Herbert M. Woolf against Fox Midland Thea- tre Co. is slowing up reorganization of Fox theatre companies which filed petitions in voluntary bankruptcy here last March. It is anticipated, however, that the matter will be disposed of by or around Feb. 15, when reorganization of Fox West Coast is expected to be completed. Announced as on the way last summer, the settlement has been retarded by the reported inability of New York attorneys for F. W. C, Chase National Bank and other ma- jor creditors to agree on the terms. The stay in the Fox Midland pro- ceedings obtained by Shanberg and Woolf and other actions they have pending in the Federal court have had (Continued on page 6) Rosenblatt Receives Report on Extras Hollywood, Jan. 25. — The extra committee appointed by Division Ad- ministrator Sol A. Rosenblatt to in- vestigate conditions among extras re- ported to him today following a two- hour session. On the basis of its report Rosenblatt advised the appoint- ment of sub-committees to look into problems affecting these players. He (Continued on page 7) Favor Present Fire Rules for Code Use Fire rules which have been in force at all exchanges throughout the United States for the past eight years will be proposed by the special com- mittee for adoption by the Code Au- thority, it was decided yesterday at the first meeting of George J. Schaef- (Continued on page 7) Vaudeville to Get Code Consideration Although vaudeville interests re- quested a separate code in Washing- ton, the committee appointed by R. H. Cochrane yesterday agreed to work out their problems under the film code provisions. The group has decided to hold a public hearing next Wednes- (Continued on page 7) Very Much Alike Pittsburgh, Jan. 25. — John H. Harris had a chance to go through Buckingham Palace while on his last trip to Lon- don, The ushers and uni- formed attendants reminded him of American theatres, he said. The corridors, richly deco- rated with marble, bore an even stronger resemblance. They were all empty. Believe Loew Holdings Sold Only By Chase Despite unusual trading activity in Loew's common on the New York Stock Exchange within the past 10 days, approximately 500,000 shares of . the block of 660,900 shares for- merly held by Film Securities Corp. are believed to be still in the possession of three of the four principal groups to whom it was distributed last month. Chase National Bank is reported to have disposed of its block of 165,- 000 shares in the open market during the past 10 days. This block repre- sented the Chase equity in the $18,300,- 000 defaulted notes of Film Securi- ties, on which the 660,900 shares were posted as collateral. Chase's invest- ment was $4,000,000, and on the basis of average market prices during the past ten days, the bank apparently (Continued on page 6) Repeal of Ohio 10% Tax Now Predicted Columbus. Jan. 25. — Repeal of the 10 per cent amusement tax during the special session of the General As- sembly which reconvenes next Tues- day, is considered probable, it is learn- ed from authentic sources close to legislative interests. Although recommendations of the special joint taxation committee ap- pointed by Governor White have not been released publicly, it is under- (Continued on page 8) Baldwin Prophesies End of Censorship Declaring he was against govern- ment control of the industry and state censorship, Roger Baldwin, secretary of the American Civil Liberties Union, yesterday told the Ampa that next week a bill to abolish censorship in (Continued on page 8) Figure Para. Well on Way To New Deal Estimate 90% of Finance Problems Solved One year ago today Paramount Publix consented to a friendly equity receivership a few hours after its im- portant theatre holding subsidiary, Publix Enterprises, filed a voluntary petition in bankruptcy. Less than two months later, oh March 14, Para- mount Publix went into bankruptcy. In the 12 months intervening since Paramount's financial difficulties were climaxed by the equity receivership of Jan. 26, 1933, the company not only has progressed along the road of re- construction to a point where it is now reliably estimated to have over- come 90 per cent of the obstacles in the way of a reorganization and dis- charge from bankruptcy, but it has also during that period maintained its position as one of the industry's lead- ers in production, distribution and ex- hibition. Official opinion holds that Para- mount Publix may be discharged from bankruptcy within the first six (Continued on page 6) Reade-Storrs-Para, Deals Are Approved Approval of a mutual cancellation of claims by Paramount Publix, Wal- ter Reade and Frank V. Storrs, the- atre lessors, involving an estimated $500,000, was given yesterday by Ref- eree Henry K. Davis. Reade and Storrs had filed claims (.Continued on page 6) Authority to Move Against Broadcasts The Code Authority will be re- quested at its next meeting, Feb. 9, to join with the Code Authority of the legitimate theatre in protesting alleg- edly unfair competition by the radio (Continued on page 7) No Deal Yet Fox Movietone News is scouring Broadway for a suit- able newsreel theatre to fol- low in on the heels of the old Embassy. In the list is the Central, but no deal has been made, according to Truman H. Talley. MOTION PICTURE DAILY Friday, January 26, MOTION PICTURE DAILY (Registered U. S. Patent Office) Vol. 35 January 26, 1934 No. 22 Martin Uuigley 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 ¥ork." 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. Clifford. manager; London Bureau: 6 Brookland Close, Hampslead Garden Suburb, Bernard Char man. Representative; Berlin Bureau: Berlin-Tem- pelhof, Kaiserin-Augustastrasse 28, Joachim K. Rutenberg, Representative; Paris Bu- reau: 19, Rue de la Cour-des-Noues, Pierre Autre, Representative; Rome Bureau: Viale Gorizia, Vittorio Malpassi{ti, Representative; Sydney Bureau: 102 Sussex Street, Cliff Holt. Representative; Mexico City Bureau: Apartado 269, James Lockhart, Representa- tive; Glasgow Bureau: 86 Dundrennan Road, G. Holmes. Representative; Budapest Bureau: 11 Olaaz Easor 17, Endre Hevesi, Representative. 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 oer year: $6 in the Americas, except Canada $15 and foreign $12. Single copies: 10 cents. Gillham Enthuses Robert Gillham, director of adver- tising and publicity for Paramount, returned from the coast yesterday and reported himself considerably enthused over progress made by new talent on the lot. In this group, he placed Ida Lupino, Francis Drake and Lanny Ross. Nat Levine Optimistic Kansas City, Jan. 25. — Nat Le- vine expressed optimism over the business outlook on his way to the coast. During a brief stop here he conferred with R. F. Withers, man- ager of the Midwest Film Distribu- tors, local distributors for Mascot. MOTION PICTURE ALMANAC 1934-35 NOW /A/ P/l£M/lA T/O/V WHERE THE WORLD LOOKS FOR MOTION PICTURE '5- Goldwyn Aims Another Blast At Hollywood {Continued from page 1) committing suicide and are lacking in the vision to see it. "This time last year I thought there were enough brains around to turn out 50 real standout attractions a year. Today, I don't think the combined production brainpower of the industry can make that many. "There aren't enough stories. Even if there were, the necessary writing power no longer can be mustered. I know, I've been talking to writers and they are beginning to hate Holly- wood. "No matter how prosperous times may become, the public will never go back to the machine-made picture. When are the executives going to learn this, and, if they do, will they learn it in time to save the business from a complete collapse?" Fires With Both Barrels In staccato, with one blast hurtling from his lips to explode before the detonation of the preceding one had subsided, Samuel Goldwyn, in New York and burning, as usual, over the current method of making pictures, yesterday threw his annual barrage on the follies of executive production management, as he sees them. He continues to think mass produc- tion is all wet, that it has no defense except a defense set up by sales man- agers, whose argument, Goldwyn in- sists, is the old one about a selling crew and an exchange system geared to handle 30 or 40 or 50 pictures as the case may be and, therefore, ought to have that number each season. "I'm brutal? Why not?" were two questions which Goldwyn poised and then proceeded to answer : "I've been around New York long enough already to hear glowing re- ports about all the money the picture companies are making. But nobody tells me how much money the theatres are losing or how the theatres are being crucified and sacrificed through product loaded with mediocrity and routine. "You would think, wouldn't you, that after all these years of taking a stab at a system that has been and still is tottering, the producers would become smart enough and realize the present method can't possibly hold up? Maybe it's got to get a lot worse before it gets better. I don't know about that, but I do know all other arguments fall of their own weight by comparison with a production system that would eliminate the junk through holding down on numbers of pictures and sub- stituting a plan which provides for about 25 per cent of the total product now turned out. Deplores Speed "Pictures are made and what hap- pens to them? They're patched to- gether in a hurry to meet release dates. They're sent through a releas- ing machinery that hasn't time to con- centrate on special handling. They're given playdates that don't even return negative costs, yet crowd out the oc- casional, real attraction that comes along. "Let me tell you," continued Gold- wyn, as he wagged a thoughtful fin- ger, "there is not and can never be a substitute for intelligence in picture- making. They talk about me because I spend so much money on pictures. Why not? I get results. I follow through and never start anything f can't finish. "Another thing. What about the dozens of pictures that are made on the mass factorv lots at a cost of from $400,000 to $750,000 and never return their investment simply because proper preparation and brain power were never placed behind them in the first place ?" Giannini Here; Talks Dr. A. H. Giannini. ch board of the Bank of tional Ass'n. delivered fore the saving banks d American Bankers Ass' the Waldorf last night, a special trip east for He expects to return to in a few davs. airman of the America Na- a talk be- ivision of the n banquet at having made the purpose. Los Angeles Schenck May Take Boat Nicholas M. Schenck, who plans a Hollywood trip shortly, is figuring on making the journey through the canal and may set sail Feb. 2. Pathe "A" Shares Gain 5/ Columbia Pictures vtc Consolidated Film Industries Fox Film "A" Paramount cts. . Pathe Exchange Pathe Exchange RKO Warner Bros. . . . Net High Lew Close Change Sales 2654 45* 26 2654 + 5* 200 454 45* + 54 1.800 1454 14 1454 + 54 1.800 8754 8634 8754 - 54 1.100 1554 1454 14% — 5* 3,800 2954 284* 295* + 54 12,900 2154 2154 2VA 200 354 354 35* 14,600 25* m 25* + 5* 11,100 125* 1254 13 + ** 3,900 35*. 2% 3 2,400 7 654 7 + 5* 10,100 Technicolor Slips V2 Point Net Sentry Safety Control Technicolor High Low Close Change Sales 5/16 5/16 5/16 +1/16 1154 1054 1054 — 54 Paramount Publix Slumps 7% High Low General Theatre Equipment 6s '40 654 6 Loew's 6s '41 ww deb rights 92 91 Paramount Broadway 554s '51 37 3654 Paramount F. L. 6s '47 37 37 Paramount Publix 554s. '50 365* 36 Warner Bros. 6s '39 wd 5254 515* Net Close Change 6 — 54 91 3654 37 36 52 —1 -154 - 54 100 1.100 Sales 13 7 2 2 10 145 i Purely Personal FREDRIC MARCH wiil leav.: the coast tomorrow after a 10- vacaiton here with Mrs. March. starts work Feb. 1 in "The F brand" for 20th Century. Al Christie will start Bob Ho first starring short for Educationa the Eastern Service Studios on M day. Ruth Donnelly, fresh from coast, has been signed to a new 1 term contract by First National, i Dave Rubinoff without his vi taking a good look at Garbo as i appears on the Astor sign. J. H. Hoffberg sails on the . American tomorrow for a business to Cuba. May Robson arrives from Ho wood on Sunday. Gene Raymond arrived from coast yesterday. William Ferguson has gone Florida again. Sylvia Sidney is in town for a cation. J. J. FitzPatrick is nursing a o Masquers Set for Rev Hollywood, Jan. 25— The Masqu* annual revel will take place Suiv night with Gouverneur Morris and 1 pert Hughes as guests of honor n a sketch by the former, "Justice the Damned." Other features on program will be the Mills Brothi Hal LeRoy, Gene Austin and band. James Cagney, James Gleas Stanley Fields, Lowell Sherm, Chuck Reisner. Murdock McQuar Syd Saylor, Frederick Santley, Josd Santley, Fred Burtol, Eddie Nug£ Frank Albertson. Brandon Hurst ? Mitchell Lewis. Cullman Year on Job Today is the first anniversary Howard Cullman's receivership acti ties at the Roxy. His job has tx extended twice by the court. He sued a statement yesterday saying tl the house was showing an operati profit and would increase its rett by the time his next report is reai No change of policy or managerm is expected at this time, he said. Yorke Reaches Coast Hollywood. Jan. 25. — Gabe Yor has arrived here from New York switch spots with Arch Reeve, W< Coast publicity director for Fox. The day was spent in outlining tb respective positions previous to Reev departure for New York. Wobber in Hollywood Hollywood, Jan. 25. — Herman Wfi ber. Pacific Coast representative i Fox, is here from San Francisco f a couple of days. AASSACRE' HELD OVER at N. Y. trand after unanimous press praise, s Philly reports biggest Barthelmess pening since 'Dawn Patrol.' 'DELUGE OF ORCHIDS and ermine" is N. Y. American's description of 100% carriage-trade B'way premiere of Wm. Powell in Fashions of 193k, hailed by all critics as "season's smartest entertainment"— "the last word"— "starting another cycle".0 WARNER STAGE BUYS in same sek are Kaufman and Woollcott's •ark Tower' and 'The Firebird', lbert Miller— Judith Anderson hit. EW WARNER CUT-UP goes to cutting room studio sets early release for dance star Hal ^Roy's 'Harold Teen'. *A Warner Bros. Picture °A First National Picture Vitagraph, Inc., Distributors WARNERS SUPPLY TRADE with pre-release Wonder Bar press sheet as basis for eight- week advance campaigns on coming musi-colossus.° COAST PREVIEW in Los Angeles Examiner rates Muni's Hi, Nellie "best newspaper story to date — most brilliant job Mervyn LeRoy has done —Paul Muni marvelous".* LOOK FOR "STATE FAIR » A spunky little miss... courageous in the face of shoddy pride ... determined to win the man she loved . . . though she had to turn a sleepy Carolina plantation upside down to bring him to her. J • An appeal as wide as the range of human emotions. ..as deep as the human heart. Laughter and tears . . . romance, music and hard-hitting drama. With Janet Gaynor and Lionel Barrymore giving un- sparingly of their brilliant talents. JANET GAYNOR LIONEL BARRYMORE in CAROLINA RT YOUNG • HENRIETTA CROSMAN RD CROMWELL • MONA BARRIE STEPIN FETCHIT irected by HENRY KING. From "The House of Connelly" by Paul Green Your patrons always like FOX MOVIETONE NEWS MOTION PICTURE DAILY Friday, January 26, 19 Figure Para. Well on Way To New Deal (Continued from page 1) months of this year. A reorganiza- tion plan, looking toward that end has been virtually completed under di- rection of Sir William Wiseman, for- mer member of the Paramount direc- torate, and an associate of Kuhn Loeb & Co., former Paramount bank- ers, working in conjunction with Dr Julius Klein, who was assistant Sec- retary of Commerce in the Hoover administration. The plan is to be advanced on be half of the bondholders and other creditors as soon as sufficient prog ress has been made on adjustment of the creditors' claims against the com- pany, which are said to aggregate ap- proximately $250,000,000. The bulk of these, it is pointed out, will be dis allowed, expunged or compromised, but until some near-permanent adjust- ment has been made of them the re- organization plan cannot be advanced much further than its present stage. The plan is now understood to call for the formation of a new company, to be owned by Paramount, which will buy up the assets of the bankrupt es- tate. No sales figure can be estimated in advance of the adjustment of the claims outstanding. Cash Reserve Increases Paramount's books at the time of its receivership one year ago revealed li- abilities of $47,826,890 and assets of approximately $150,000,000. The cash on hand item at the time was $399,- 545. On Sept. 30, last, the third re- port of the Paramount Publix trus- tees in bankruptcy showed cash on hand aggregating $2,074,480. Fall and winter distribution receipts are estimated to have more than doubled that cash figure, bringing the com- pany's current cash position to ap- proximately $5,000,000. Add to this a Federal tax refund for the year 1929 amounting to $7,275,000, conceded to Paramount last November by the Bu- reau of Internal Revenue, and the fa- vorable cash position of the company one year after the climax of its finan- cial reverses is established. Virtually all of the company's rev- enue during the past year has come from the distribution department. No outside financing of any description has been undertaken and theatre rev- enue has been negligible. Distribution receipts were aided importantly by the decline of the dollar and its resultant increase in revenue from foreign dis- tribution, which was estimated to have doubled over the year preceding. Need for Cash Lessened Theatres, while returning insignifi- cant revenue, have been reorganized to an extent where they have not been required to make exorbitant cash de- mands on the parent company or its operating subsidiaries. This reorgani- zation, involving the decentralization of theatre operations by creating op- erating partnerships in the field, is re- garded as a firm cornerstone of the new Paramount operating structure, conceived for the future out of the ex- periences of the past. Paramount's campaign of theatre acquisition from 1928 to 1932 was held to be responsible for the company's financial difficulties, together with gen- eral business depression, by the lead- ing executives of the company testi- fying in lengthy sessions throughout the year at creditors' hearings before Referee in Bankruptcy Henry K. Davis. Adolph Zukor, president ; Ralph A. Kohn, former treasurer ; John Hertz, former chairman of the nnance committee ; Austin Keough, general counsel, and others, all agreed on the witness stand that maturing obligations incurred in theatre acquisi- tion, which came due in the crucial business period of 1932, when theatre receipts were at their lowest, contrib- uted more than any other single fac- tor to the company's financial dfficul- ties and the ultimate receivership and bankruptcy. Theatres which had been expected to pay their own purchase price were unable instead to meet op- erating expenses. The bulk of the credit for the com pany's recovery to date appears to be traceable to the production de partment for delivery of box-office product, under restricted circum- stances, to the distribution depart ment for getting the most revenue possible out of that product; to Zukor for efficient management in critical times, and to the trustees, Charles D Hilles, Charles E. Richardson and Eu- gene W. Leake, for readjustment poli- cies. Publix Enterprises, Paramount's bankrupt theatre subsidiary, to all in- tents and purposes exists no longer On going into bankruptcy a year ago, it reported liabilities of $41,214,407 and assets of $23,864,076. It oper- ated approximately 315 theatres in 21 states, having been developed from the old Southern Enterprises circuit ac quired from S. A. Lynch. Assets Depreciated This $23,000,000 of book value as- sets was appraised 10 months later for the Federal District Court here as having a current value of approxi- mately $2,000,000. The assets were sold to Famous Theatres Corp., a newly organized, wholly owned Para- mount subsidiary, in December for $1,800,000. The new holding com- pany, Famous, is now in full charge of all the former Publix Enterprises holdings, which are being operated directly by it, or by operating part- ners in the field. A number of the houses which comprised the holdings at the time of the bankruptcy have since been disposed of entirely. Credi- tors of the company have been offered a choice of settlement of valid claims on the basis of 33 cents on the dollar, or a share of stock in the new holding company, Famous, for each $200 of approved claims — a theoretical settle- ment of 50 cents on the dollar. The bankruptcy of the theatre sub- sidiary essentially is closed. A large staff of auditors, accountants and at- torneys serving Irving Trust Co., which is trustee in bankruptcy for Publix Enterprises, yesterday vacated the large sixth floor quarters in the Paramount Building occupied by them during the past 12 months. All that remains to completely wind up the bankruptcy is the final settlement of contested claims for future rent filed against the bankrupt by landlords and expected to be disposed of in March. Believe Loew Holdings Sold Only By Chase (.Continued from page 1) realized about $4,500,000 on the sale. Under national banking laws and a recent ruling of the U. S. District Court here, Chase was required to di- vest itself of its Loew's interest within a "reasonable" time to avoid infringement of anti-trust laws. The remainder of the block of 660, 900 shares of Loew's involved in thi Film Securities transaction is dis- tributed in the following principal amounts : A. T. & T., 330,000 shares ; Hayden, Stone & Co., 82,500 shares Dillon, Read & Co. 82,500 shares, and the balance is held in small scattered accounts. The principal amounts listed above are believed not to have been disposed of yet, although A. T. & T. has stated officially that it has no intention of maintaining a permanent interest in any film company. Loew's stock rose 2% points on turnover of 280,400 shares during the sale of the Chase holdings. Look for Fox Midland Deal About Feb.i; Britain in Bid for Top Ranking: Kelly (Continued from page 1) with Joseph M. Schenck, revealed that the British industry is contemplating an invasion of the world story mar ket, Hollywood included, to give in ternational scope to its product. "The British industry," according to Kelly, who has been away six months "does not feel it is on a par with the American industry, but it is only a question of months before it will be." He added that the British studios have decided "they cannot depend on their own nationals as sources for material." Kelly also asserted that the Ameri- can industry can profit from the re- sumption of diplomatic relations be- tween the United States and the So- viet "only providing it can express itself freely motion picture-wise in Russia." He said there would be little sense in breaking into the Russian market unless the distribution of at least 20 or 30 films a year were per- mitted there. Reade-Storrs-Para. Deals Are Approved (Continued from page 1) against Paramount Publix aggregating $250,000, growing out of a 1930 agree- ment by which Paramount leased 16 New Jersey theatres from the claim- ants. Paramount filed counter claims against Reade and Storrs for a cor- responding amount on the same agree- ment, resulting in the mutual cancella- tion pact. Phones Start a Cycle Latest trend in cycles in films is that of trouble sleuths for telephone companies. With the Roxy booking 'I've Got Your Number" starting Feb. 2, the Warner picture will be the first to hit Broadway. U. A. shortly will release "Looking for Trouble" and Columbia is now completing a story with Tim McCoy, both tele- phone sagas. (Continued from pane 1) the effect of also delaying procee ings in the Fox Rocky Mounta Theatre Co. case, as the two units a interlocked. While no legal hurdl are in the way of Fox Rocky Mou tain, the referee has continued eve scheduled hearing since the Shanb action was started. Though the ban ruptcies were filed 10 months ago, t required hearings for such matters the examination of the bankrupt ha not been held. Because a settlement has been pected, motions by Shanberg ai Woolf in the Federal court to di charge the Fox Midland receiver ai return the properties to their contr have been repeatedly continued f< hearing and will be dismissed wb signatures are affixed to the agreemer These actions seek to eliminate t! partners as creditors and reinsta them as holders of prior liens on tl properties involved, by which tb claim they are entitled to $486,92 with interest, as the balance of tl original purchase price of $3,476,8* for the theatres sold to F. W. C. 1929. Despite their determined court fig to regain the Midland circuit Kansas City claimants freely say tb don't want the theatres back, but c want the balance thev assert is due. tl Roper Sees Menace Of Wild Prosperity (Continued from page 1) of Washington, Roper revealed th American stock exchanges are recei' ing increasing British orders to pu chase securities and in other foreig countries merchants are arranging 1 buy from the United States ratb than from their former sources, h cause of the exchange advantages. "If this is to be taken as an inde of increasing business, our countr will soon be the recipient of such e> tensive buying as to lift us out of tr-' depression more speedily than futui safety may make advisable," he d( clared. "It may well be that we sha soon have to give attention to way and means of safely guiding a wa\ of prosperity instead of battling wit the forces of depression. It is better fc permanent safety that we shou! emerge from our economic trouble gradually and be wise enough to safe guard against future depression occui rences." Warners Buys "Firebird Hollywood, Jan. 25. — Lajos Zi lahy's play, "Firebird," produced o Broadway .by Gilbert Miller, has bee acquired by Warners. Ralph Bloc! and Doris Malloy will adapt. 189 "Fashions" Dates Se: First National's "Fashions o 1934" will be played simultaneousl; in 189 situations throughout the coun try during the week of Feb. 17. lay, January 26, 1934 MOTION PICTURE DAILY uthority to Move Against Broadcasts (Continued from page 1) ustry in giving dramatic presenta- is in legitimate theatres and ad- ting audiences to them without rge. The protest will be brought the Code Authority of the radio jstry. loth XBC and CBS lease legiti- e theatres in New York in which matizations axe presented for radio adcasting and audiences admitted iout charge, it was said, he legitimate theatre Code Author- appointed Frank Gilmore, presi- t of Actors' Equity ; William C. ott, head of the I.A.T.S.E., and reus Heiman a committee to confer 1 the film Code Authority to con- on cooperative action in the mat- ansas City Lawyer Put on Labor Board [ansas City, Jan. 25. — John T. rding, Democratic lawyer repre- ting film interests here, has ac- ted appointment as chairman of the isas City regional labor board, of- ;d by the National Labor Board in .shington. larding will be the impartial mem- of the board, which will be corn- ed of five representatives of indus- and five of labor. Labor disputes ;ing at theatres may be referred the board for arbitration, "he appointee is a member of the i of Harding, Murphy & Tucker, ch represents United Artists lo- wor Present Fire Rules for Code Use (Continued from page 1) YV. Ray Johnston and J. S. Mac- •d. the group named by the au- rity to handle the matter. In a instances the rules will be nged. but the changes will be lor, it was stated yesterday, mother meeting of this committee xpected to be held next month for cing the final changes. audeville to Get Code Consideration (Continued from page 1) afternoon at the Astor when all ties will be given a chance to ex- ;s themselves in relation to the e. The plan is to take in problems abor and the actor, ouis K. Sidney substituted for E. Schiller, who is ill. John C. Flinn, :utive secretary of the Code Au- "ity, was present. tart Selecting Boards irst steps in selecting names for 32 clearance and zoning and griev- e boards start today when the mittee of six appointed by the e Authority holds its initial meet- Other sessions are expected to neld regularly until the next ses- of the authority on Feb. 9. IT OA Ball Feb. 21 he ITOA will hold its first dinner ball at the Waldorf-Astoria on . 21. MOTION PICTURE DAILY* HOLLYWOOD PREVIEW "Carolina" (Fox) Hollywood, Jan. 25. — The drawing power of Janet Gaynor and Lionel Barrymore, linked with a home-spun romance of South Carolina, should send "Carolina" across for a big box-office. "Carolina" bears the name of Winfield Sheehan as producer. In harmony with the popularity of stories of charm, "Carolina" is a refreshing drama of a girl of the North, Janet Gaynor, and a tenant farmer on a Southern estate with the vision to grow tobacco. Robert Young, scion of the House of Connelly, on whose land Janet farms, is intrigued by the girl and her enterprise, falls in love with her, much to the chagrin of his aristocratic mother, Henrietta Crosman. Uncle Bob, Lionel Barrymore, Confederate veteran, and nominal head of the decadent house, reflects the spirit and traditions of the family that once rode the crest. Miss Gaynor makes Joanna winsome and romantic. Barrymore reg- isters a fine characterization. Miss Crosman again shows her versa- tility. Mona Barrie has looks and ability. Henry King directed. Showmanship values of the beautiful romance, negro singing, tobacco raising and the flashback of a Confederate Army ball can especially be capitalized in theatres below the Mason-Dixon Line. Where they cheer when they hear "Dixie," the entrance of Robert E. Lee as pictured, should give ample signal for hurrahs as well. "Bedside" (First National) Hollywood, Jan. 25. — W arren William turns medico in his latest effort, an entertaining piece which, at times, forgets to adhere to the unalterable rules of the profession. However, for picture purposes it probably will get by without many picking out the technical flaws. Jean Muir, a charming blonde, contributes an engaging performance and lends swell support to the hero. Also doing nice work is Allen Jenkins as the ballyhoo agent. Donald Meek is capital as Warren's assistant. Because she has faith in William and loves no other man, Miss Muir gives him $1,500, makes him quit his job as an X-ray technician, and sends him to Chicago to complete a medical course. En route he loses the money in a card game, returns to his sweetheart and is forgiven without further ado. Failing to get a degree legally, W illiam buys one from David Landau, a former M.D., and now a morphine addict. He changes his name and sets up an office on Park Ave. Jenkins is brought in to handle the pub- licity and overnight the fake medico becomes a sensation. Actually Meek does all the work with William getting the credit. When William performs an operation on Renee Whitney, he almost causes her death, but again Meek saves the day. Later, Miss Muir tells her sweetheart she is through with him because of his racket, but refuses to expose him. When she tries to stop Landau from spilling the scandal she is run down by an automobile and when it comes to performing an emergency skull operation, William refuses. In desperation he exposes himself to the doctors of the hospital and when Miss Muir recovers she again forgives him on the promise he turns to X-raying as a means of livelihood. " The Lost Patrol" (Radio) Hollywood, Jan. 25. — The "Lost Patrol" is red-meat drama with a red-blooded wallop. Its saga records the heroism of men. The film is based on a true incident of the British cavalry patrol in Mesopotamia in 1917. On the screen it becomes a scorching soul-baring document of 12 he-men lost in the desert fighting unseen Arabs. Their position hopeless and surrounded by snipers, primitive emotions break out. Some discuss their lady loves. One prays. Another goes stark mad. Others rush blindly against the enemy. Some give their lives for their fellow-men. All are picked off but one. Victor McLaglen, wmose actual fighting exploits ideally fit him for his portrayal of the sergeant of the patrol, gives a great performance, perhaps the best of his career. The all-male cast, including Boris Karloff, Wal- lace Ford, Reginald Denny and J. M. Kerrigan, turns in first-rate por- trayals. John Ford's direction is excellent. In all departments the production is of superior quality, with music keenly keyed to the film's various moods. (Additional review on page 8) Rosenblatt Receives Report on Extras (Continued from page 1) added that should this step fail to remedy matters, changes would be made in the code. It was the opinion of many at the meeting that provisions in the code affecting extras were adopted before conditions could be properly analyzed. All agreed that spreading work under the NRA among extra players was more impor- tant than in higher brackets. Mrs. Mabel Kinney, California in- dustrial welfare commissioner, was named chairman of a general commit- tee consisting of Fred Pelton, B. B. Kahane, M. H. Hoffman, Pat Casey and J. P. Normanly representing pro- ducers ; Phil Friedman and Dave Werner, casting directors ; Charles Miller, Equity, with extras repre- sented by Allan Garcia, Larry Steers, Lee Phelps, J. B. Russell, Una M. Hopkins and Fred D. Burns. This committee will name sub-committees. These groups will start work immedi- ately so that reports may be submitted to Rosenblatt before he leaves. F. & M. Working Out St. Louis Contract St. Louis, Jan. 25. — F. & M. at- torneys, City Collector Edmund Koeln and James T. Blair, receiver for Fox Theatre, are working out an agreement whereby F. & M. can take over operation of the house. General terms of the agreement reached thus far, it is reported, re- quire F. & M. to pay $1,350 a week to cover ground rent and taxes in ad- dition to assuming all operating ex- penses. Profits, if any, will be split 50-50. F. & M. has come to no definite decision as to whether to use stage shows at the Fox or the St. Louis. "Carolina" at Charlotte Charlotte, Jan. 25. — Fox brought "Carolina" here for its premiere last night at the Carolina Theatre and succeeded in getting the governors of both the Carolinas as guests. Many of those present cooperated with Henry King in making some of the scenes of the picture here. Russell Moon of the Fox home of- fice handled the opening with the co- operation of Eugene W. Street, man- ager. "Carolina" is reviewed on this page todav from Hollywood. Junior Guild Elects Hollywood, Jan. 25. — Lee Phelps was elected president of the Junior Actors' Guild last night. Other of- ficers are : Tom O'Grady, first vice- president ; Margaret Morgan, second vice-president ; Joe Novak, secretary ; Eddie Baker, treasurer. Four hundred and fifty voted. Take Cameo Tomorrow Jack Shapiro and Louis F. Blu- menthal, who acquired the Cameo from RKO the other day, take pos- session of the theatre tomorrow. Arthur Leaves St. Louis St. Louis, Jan. 25. — Harry C. Ar- thur left for New York today. MOTION PICTURE DAILY Behind the Make-Up ===== By F. J. NEIDIG ======== 8 Many in Industry Get Income Refunds Numerous New York individuals and companies connected with the business were among those who bene- fit on income and estate taxes re- funds declared by the Bureau of In- ternal Revenue. Persons and firms and the amounts refunded follow : Universal Film Mfg. Corp., $55,- 547.01 and $36,331.14; Jack G. Leo, $5,868.34; Loew's Ohio Theatres, Inc., $7,969.94; Wilmer and Vincent Theatre Co., $1,033.65; Balaban and Katz Corp., $3,761.22; Consolidated Film Industries, Inc., $9,897.31 ; Sam- uel Goldwyn, Inc., $2,440.25; David M. Loew, $3,135.65; Loew's, Inc., $3,- 470.31; Rosindale Rialto Theatres, Inc., $1,119.80; Richard A. Rowland, $8,962.76; United Artists, $1,940.08; United Artists Theatre Circuit, Inc., 152 West 42nd St., $3,985.02; United Artists Theatre Circuit, Inc., 729 7th Ave., $1,213.04; Universal Pictures Corp., $5,416.02; Walter Wanger, $1,- 283.23; Warners-First National, $2,- 006.20. No Rent Is Made in Allied Secrecy Veil Allied directors remained in a fog of secrecy and cigar smoke in their comfortable quarters atop the fash- ionable Warwick Hotel for the sec- ond day running yesterday. No state- ment other than that the session would continue during today was issued by the conferees, about 12 in number. Kennebeck in New Post John E. Kennebeck has been named managing director of Paramount Film Service, Ltd., of Australia, New Zea- land, Java and Straits Settlements. He succeeds William J. Clark, re- signed. The appointment was made by John W. Hicks, Jr., vice-president of Paramount International Corp. Kennebeck has been director of publicity and advertising in Australia for the past seven years. Howard Vacations Here William K. Howard, well known coast director now in New York, is vacationing, having completed two pic- tures in a row for M-G-M. One was "The Family Scandal," formerly "It Happened One Day," an3 the other, "The Cat and the Fiddle." John W, Considine, Sr., father of the M-G-M associate producer, ac- companied Howard on the trip through the Canal. Avon Gets Sunday Shows Rochester, Jan. 25. — Without Sun- day shows since the Civil War, the nearby village of Avon will have its first one next week when Clair Mea- chum reopens the Park. The town had asked Sunday shows, but William W. Farnum, former owner, had refused. Meachum an- nounced the Sunday innovation after acquiring the house from Farnum. Delay Tri-Ergon Hearing Hearing of Tri-Ergon's appeal from Judge Cohn's decision dismiss- ing suit against local exhibitors and distributors has been postponed to Feb. 2. Louis Nizer is attorney for the exhibitors. CHESTER ERSKINE, who is to produce and direct the Moss Hart story, "Frankie and Johnnie," featur- ing Helen Morgan and Lilyan Tash- man, at the new Biograph Studio, ex- pects to set into production on Feb. 12. Erskine recently signed Chester Morris for the leading male role in this picture, the first of a number he expects to produce at the new plant. • Al Christie has completed another Educational comedy, starring Ernest Truex, at the Eastern Service Studio in Astoria. Truex was supported by Mary Jane Barrett (Mrs. Ernest Truex), Montagu Love, Ralph Ince, Phillip Truex and Eddie Roberts. The story, "The Expectant Father," was written by Art Jarrett and Bill Wat- son with George Weber and those famous assistants, Sol Midwall and Bill Kelly, at the camera. • Ben Blue's latest, "Mush," has been completed at the Vitaphone studio in Brooklyn. Blue was supported by Dorothy Dare, Herb Warren, June East and Shemp Howard under the direction of Ralph Staub. Miss Dare did some long distance commuting to work in this picture, as she was also appearing in "Hold Your Horses" in Philadelphia. • "Salted Seanuts," a Big V Comedy featuring Charles Judels and George Givot, has been completed at Vita- phone under the direction of Ralph Staub. The cast includes Monty Col- lins, Hughie Cameron, Lionel Stand- ard, Janet Rathbun and Gertrude Mudge. Roy Mack has completed another musical comedy at Vitaphone, featur- ing Lillian Roth. The cast includes Queenie Smith, Jack Good, George Houston and Weldon Heburn, with the story of "Mardi Gras" written by Cyrus Wood and Eddie Moran. • Al Christie will direct a musical comedy for Educational at Eastern Ser- vice in Astoria on Monday. Lillian Roth and Bob Hope, of the play, "Roberta," will be featured. • Another Harry Gribbon comedy has been completed at Vitaphone, also under direction of Ralph Staub. The cast included Jules Epially, Shemp Howard, Leni Stengle, Gautschi and Sonnen, Apache dance team, and Ruth Robinson, with the story by Jack Henley and Dolph Singer. • Roy Mack started work on another musical comedy, "Alibi Baby," at Vitaphone this week featuring Inez Courtney. The cast includes Roscoe Ails, Ann English, Jack Good and Don Tomkins. • Ben Blue expects to leave for Europe some time in February and will make personal appearances at the Casino de Paree and the Palladium.. London, for a month. He has had several offers to make comedies in Europe, but has been unable to accept, as he has a contract with Warners. • Ray Foster, Vitaphone cameraman, has been elected a trustee of Local 644 for three years. He was formerly secretary of the local. Friday, January 26, 19 Repeal of Ohio 10% Tax Now Predicte (Continued from page 1) stood that they contain what amour to revolutionary changes in the pr< ent assessment setup. The current nuisance tax, which i eludes imposts on admissions, cosrru ics, cigarettes and malt, would be p placed by new taxes on real estate a. property improvements, a graduit tax on net incomes, with exemption $500 and an additional tax on gas' line. In addition, a general sales tax, a flexible and emergency measure, said to be favored, under a plan to i crease or decrease the amount of tl tax in proportion to the minus or pll results of the other measures fro time to time. The nuisance tax is designed to ca for poor relief and weak school di tricts. Baldwin Prophesies End of Censorshi (Continued from page 1) New York will be introduced in t legislature. He said that the bill w not ask elimination of the state tax < all pictures released in New York. Baldwin declared that if the indu try wanted to it could work out i own censor rules and outside inte ference would be unnecessary. I said only six states have film cens- boards and he expects to see tho boards eliminated shortly. Others attending the meeting i eluded Frank Buck, Bert Wheelc Dorothy Lee, Harry Hershfield ai Wee Willie Robyn. Amity Action Resumed Out of court examination of E. V Hammons before trial of Amity's st against Educational to recover fil rentals alleged to be due on Tiffai product acquired by Amitv was r sumed in Hammons' offices vesterda The examination, begun some tin ago, was discontinued during discu sions of an out of court settlement the action, and resumed when ; agreement could not be reached. Delay Quittner Hearint A hearing before U. S. Distri Court Judge Francis G. Caffey on tl form of the appeal record of Edwa: Quittner's anti-trust action again major distributors, scheduled for t day, has been postponed until Tuesda Jafa Acquires Five Jafa Film Exchange has taken ov distribution of "Intolerance of 193. in English and "Yiskor" and "Sacr fice of Isaac" in Jewish, as well two shorts, "Passover Night" and " Cantor on Trial." Delay St. Louis Sessiot St. Louis, Jan. 25. — The annu meeting of stockholders of the £ Louis Amusement Co. scheduled f Jan. 23 was not held. No date f the meeting has been set. New Chesterfield Title Hollywood, Jan. 25. — "The Qui ter" is the final title for Cheste field's "The Understanding Heart." MOTION PICTURE DAILY* HOLLYWOOD PREVIEW "Two Alone" (Radio) Hollywood, Jan. 25. — A homey and simple story of farm life with two puppy lovers thrown together under the roof of tyrannical Arthur Byron. One of the youngsters is Tom Brown, escaped from a reform school, and the other is Jean Parker, an orphan adopted by Byron to do the daily chores. Left alone one afternoon, the lovers forget themselves, but plan to run away as soon as the opportunity presents itself. The time comes any they hit the road together with Willard Robertson's home, 30 miles away, as their goal. When they arrive there, he is gone and on their way back they are picked up by Byron, who brings them back to the farm and servitude. Another attempt to escape is made by the youngsters and in a fist encounter, Byron is injured. He sends his wife to get the sheriff to arrest Brown and the girl. Robertson, who returns to the farm, reveals the fact that he is the father of Miss Parker and the sheriff is halted in his tracks. However, he does take Brown, but not before the lovers have tied the knot. Charles Grapewin and ZaSu Pitts have short bits, but their comedy proves rather flat. Elliott Nugent directed, but Lucien Andriot, camera- man, did a better job with the photography. "As Husbands Go," yesterday's opener at the Radio City Music Hall, was covered by wire from Hollywood on Jan. 4. "The Women in His Life," this morning's opener at the Capitol, was re- viewed on Dec. 11. "Beloved," last night's preview at the Roxy, was covered by wire from Hollywood on Dec. 18. The Leading Newspaper of the Motioi|i| Picture Industry MOTION PICTURE DAILY Alert, Intelligent and Faithful Service to the Industry in All Branches L. 35. NO. 23 NEW YORK, SATURDAY, JANUARY 27, 1934 TEN CENTS oot Insists Size of Para. Allied Plans New Units In All States; Adjourns No New Setup Ready in RKO > Fee Justified ourt to Receive More Briefs on Claims 'Paramount could have lost its en- e business to competitors overnight the equity receivership had been shandled," Elihu Root, Jr.. of coun- for the Paramount receivers, told deral Judge John M. Woolsey yes- ■day at a hearing on the equity re- vers' petition for payment of $218,- 1 fees incurred during the two mths of receivership last winter. Root described the Paramount re- vership as the "most difficult and rassed" case he had ever been en- ged in, relating that a staff of 30 orneys from the Root, Clark, Buck- r & Ballantyne office had worked ay and night" on the receivership, tting in 5,000 "lawyer hours." 'The work was so complex it had be handled by our best men," Root id. "They worked under terrific assure to save the Paramount busi- (Continued on (age 4) xpect Code Board Choices by Sunday Selections of names for appoint- •nts to the 32 clearance and zoning d grievance boards are expected to completed by Sunday night, it was licated yesterday following the first :eting of S. R- Kent. Charles L. Reilly, George J. Schaefer, W. Ray hnston, Nathan Yamins and Ed rykendall. The initial session started at 9 :30 M. yesterday at the Union League {Continued on page 4) [ouse Group Aims 50% Tax at French Washington, Jan. 26. — Authori- :ion to the President to increase by much as 50 per cent taxes on for- ra corporations and individuals do- r business in this country whose ne countries impose restrictive taxes American enterprises was voted {Continued on page 4) tage Shows Heavy Columbus Grosser s Columbus, Jan. 26. — Evidence that s town is stage hungry is found in p fact that terrific grosses were piled (Continued on page 2) With plans to invade all states not now represented in the organization approved yesterday as the three-day meeting of the board of directors drew to a close, Allied will set up a national cabinet of 24 to work with Sidney Samuelson, newly elected president, in carrying out the program. Units in the new territories will be set up sim- ultaneously, it is declared. According to the plan, six vice- presidents of the national association will be appointed within the next week cir li) days, one from the east, middle west, northwest. Rocky Mountains, west coast and the south. Each vice- president will adopt a regional cabinet nf three exhibitors and each vice-pres- ident will be directly responsible to the national board of directors. This group will comprise the national cabi- net. Abram F. Myers, who left for Washington late last night, returns next week to confer with Samuelson and both will select the half dozen re- gional heads. Following appointment of the men. a meeting will he called in (Continued on page 2) Spokane, Jan. 26. — One of the largest censor boards in the country has been named by Commissioner of Public Safety Colburn. It includes the following: Mrs. Edna M. Ahlin. president Central Council of Parent Teachers ; Lucia P. Davenport, executive secretary Y. W. C. A. ; Mrs. Helma B. Nelson, ex- ecutive secretary Social Service Bu- (Continued on page 2) Virginia Film Cuts Cost About $55 Per Richmond, Jan. 26. — Every deletion ordered by the board of censors in Virginia costs approximately $55, not including the heavy expense continu- ally devolving upon distributors in the shipment of films, re-shipment, re- editing and cutting. This is revealed in the board's finan- (Continued on page 2) New Massachusetts Censor Bill Appears Boston, Jan. 26. — Creation of a censor board ot five "to supervise" the showing of pictures in this state is provided for in a bill tiow in the hands of the House printer. The board would include a woman, a cler- gyman and three others. Deep in Black The forthcoming quarterly report of Fox Films, minus Wesco, is expected to show a profit of over $1,000,000. Yes- terday some estimates placed the figure as high as $1,- 250,000. Federal Legal Aid Is Barred To Authority Deputy Administrator William P. Farnsworth has received word from Washington that the Department of Justice will not defend members of the Code Authority other than Di- vision Administrator Sol A. Rosen- blatt in the suit of the Congress The- atre, Xewark. Each individual member will, there- fore, consult his own attorneys. It is understood Rosenblatt, Nich- olas M. Schenck and M. H. Ayles- worth, who were not served with papers at the last Code Authority meeting, have been served according to Rule 13 of Federal Equity rules, (Continued on page 4) Rosenblatt Hears Writers' Problems Hollywood, Jan. 26. — The Writers' Guild is the first employes' organiza- tion to go into conference with Di- vision Administrator Sol A. Rosen- blatt. Its committee included Ralph Block, O. H. P. Garrett, Courtenay Terrett, Rupert Hughes, Anita Loos and their attorney, Larry Bielenson. Among other things, they presented a detailed record of how they chose 10 (Continued on page 4) Authority's Lists Get 7 More Names With the release of seven names rec- ommended for appointment on various clearance, zoning and grievance boards the Code Authority winds up the list of suggestions for these posts. The spe- (Continued on page 4) Receivership Condition Is Improved, However, During Year Despite significant progress made in the readjustment of RKO's finan- cial affairs since the company con- sented to a friendly equity receiver- ship one year ago today while its theatre subsidiary, Orpheum Circuit, was filing a voluntary petition in bank- ruptcy, no plan of reorganization to bring about an end of the receivership is in existence. A plan may be ad- vanced by any creditor of the com- pany at any time, but so far as is known no recognized move to develop one is under way. At the time of its receivership, Jan. 27, 1933, RKO listed liabilities of $19,500,000 and assets with a book value of $80,500,000. Assets included a $75,000,000 investment in subsid- iaries. Cash in bank at the time was reported at $122,106. The prelude to this report was the company's net loss of $10,695,000 for (Continued on page 4) Argument Heard on Radio City Leases Arguments on interpretation of RKO's original lease with Rockefeller Center, intended to determine whether the lessor is entitled to a claim of $15,000,000 or one of $2,000,000 against RKO, were heard yesterday before Thomas D. Thacher, special master in charge of the hearings on claims (Continued on page 4) Jersey House Sues Warners, Fox, U. A. Newark, Jan. 26. — Copies of a summons and a complaint in a $250,- 000 damage action against Warner Brothers Pictures, Inc., United Artists Corp., and Fox Film Corporation, all of New York, and the Roth Amuse- (Continued on page 2). Stuart Post Hangs On Seattle Dicker Herschel Stuart's F. & M. connec- tion is contingent on consummation of a deal by the circuit with F.W.C. for the Paramount, Seattle. If and when the agreement is concluded, (Continued on page 2) Spokane Gets Nine Volunteer Censors MOTION PICTURE DAILY Saturday, January 27, 193 MOTION PICTURE DAILY (Registered U. S. Patent Office) Vol. 35 January 27, 1934 No. 23 Martin Quiglxy 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 lork." 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. Clifford, manager; London Bureau: 6 Brookland Close, Hampstead Garden Suburb, Bernard Charman, Representative; Berlin Bureau: Berlin-Tem- pelhof, Kaiserin-Augustastrasse 28, Joachim K. Rutenberg, Representative; Paris Bu- reau: 19, Rue de la Cour-des-Noues, Pierre Autre, Representative; Rome Bureau: Viale Gorizia, Vittorio Malpassuti, Representative; Sydney Bureau: 102 Sussex Street, Cliff Holt, Representative; Mexico City Bureau: Apartado 269, James Lockhart, Representa- tive; Glasgow Bureau: 86 Dundrennan Road, G. Holmes. Representative; Budapest Bureau: 11 Olaaz Fasor 17, Endre Hevesi, Representative. 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 Der year: $6 in the Americas, except Canada $15 and foreign $12. Single copies: 10 cents. Stuart Post Hangs On Seattle Dicker {Continued from page 1) Stuart will be placed in charge of the house. Before Stuart joined Publix he had a deal on with F. & M. to assume management of the house mentioned, but when it failed to materialize he joined Publix. Vogel on Tour A-Mike Vogel, chairman of the Managers' Round Table Club of Mo- tion Picture Herald, leaves tonight for a short probing tour of New England conditions. MOTION PICTURE ALMANAC I9J4-35 A/O W /A/ P/i£PA/iA T/OM WHERE THE WORLD LOOKS FOR MOTION PICTURE '5* Allied Plans New Units In All States; Adjourns (Continued from page 1) Chicago at which time the vice-presi- dents will be informed of the expan- sion program details. With Myers being reelected as gen- eral counsel, headquarters will be re- tained in the Capital. Herman A. Blum of Baltimore is the new treas- urer. Allied units in Milwaukee, Minne- apolis, Detroit, New Jersey and Pitts- burgh will call meetings next Tuesday to discuss the directors' meeting. Attending the three-day meet were Myers, Washington ; Samuelson, New- ton, N. J. ; Nathan Yamins, Fall River, Mass. ; Aaron Saperstein, Chi- cago ; Fred Herrington, Pittsburgh ; Walter Littlefield, Max Levenson, Edward Ansin, Boston ; J. P. Adler, Milwaukee; H. M. Richey, J. C. Rit- ter, Detroit ; Ray Branch, Hastings, Mich.; Al Steffes, Minneapolis; Blum. Baltimore ; Willis Vance, Fred Strief, Cincinnati; AL B. Horowitz, Cleveland; Abe Stone, M. Harrell, Albany; William C. Smalley, Coop- erstown, N. Y. H. A. Cole of Texas did not attend. All men have left for their respec- tive cities with the exception of Ya- mins, who is staying over until Sun- day night attending the committee meeting on clearance and zoning and grievance boards' selections. F. & M.-Fox Deal Set Fanchon & Marco have taken over the Fox, St. Louis, and are now op- erating the house with Harry Green- man as manager. Double features will continue as the policy, Harry C. Arthur stated vesterdav. Van Every Hurries West Dale Van Every left by plane yes- terday to reach the Universal studios in time for a conference with Carl Laemmle, Sr. and Jr., before they start east Monday. "U" Meeting Set E. T. ("Peck") Gomersall, one of the Universal sales chiefs, left for Chicago last night where he will hold a sales meeting of 12 exchanges tomor- row. He returns Tuesday. Spokane Gets Nine Volunteer Censors (.Continued from page 1) reau ; Mrs. B. F. Westmore, past president State Federation of Wo- men's Clubs ; Mrs. D. E. Crowley, president Diocesan Council of Catho- lic Women ; Rev. John F. Blake, pas- tor Our Lady of Lourdes Church ; Rev. Francis E. Reese, pastor Pres- byterian Church ; E. W. Jorgenson, lumberman ; Louis Wasmer, radio sta- tion proprietor. The board serves without pay. Com- missioner Colburn, as the official cen- sor, hears the reports of the board and makes the final decisions. Virginia Film Cuts Cost About $55 Per (Continued from page 1) cial report, embracing only the cost of maintaining the board, which, through the 11 years of its existence, has averaged in excess of $20,000 an- nually, with no allowance for the rental space the offices occupy. Covering the 11 years of its ex- istence, the board has averaged ex- actly one deletion a day, or 265 a year, out of a yearly average review of about 1,780 pictures. This is a slight fraction above five pictures a day. Stage Shows Heavy Columbus Grossers (Continued from page 1) up at two local houses in successive weeks. Olsen and Johnson in "Take a Chance," at the RKO Palace this week, plus "The Meanest Gal in Town" on the screen, made box-office history with an estimated gross of $20,000. Last week Ted Lewis packed Loew's Ohio to the tune of $18,400, the big- gest return this house has had in many moons. "The Woman in His Life" was the screen feature. Eastman Pfd. Rises IVs Net High Low Close Change Consolidated Film Industries 4l/2 4*A V/2 + Vg Consolidated Film Industrie's, pfd 14'X 14 14 — $4 Eastman Kodak 88M 88'/^ +1 Eastman Kodak, pfd 122 122^ 122^ +VA Fox Film "A" 15% 1444 15 + 'A Loew's. Inc 29& 28% 29 — ii Paramount, cts 3% 3% 3}b — J4 Pathe Exchange 2'A 2'A 2J4 + % Pathe Exchange "A" 13^s 124£ 12% — % rko 3 m m Warner Bros 7 (M, 6& — H Technicolor Sole Curb Opener Net High Low Close Change Technicolor 10lA WA 10J4 Keith Bonds in 2-Point Gain Net High Low Close Change General Theatre Equipment 6s '40 &A S'A &A + Vi General Theatre Equipment 6s '40, ctf 5ZA 5yi 5l/2 — H Keith B. F. 6s '46 60 60 60 +2 Loew's 6s '41. ww deb rights 92 91 91 Paramount Broadway 5J^s 'SI 36Vf. 36 36 — Vi Paramount F. L. 6s '47 36*6 36 36 —1 Paramount Publix 5V2s '50 37% 35% 35% —iys Pathe 7s '37. ww 88 87^ 88 +1 Warner Bros. 6s '39, wd 52J4 51 51 —1 Sales 200 900 2.300 4.000 1,900 14.900 26.300 20,900 2.600 1.900 10.000 Sales 100 Sales 20 5 3 5 10 3 26 5 Flash Reviews "Four Frightened People" (Paramount ) The cast, competent certainly, d' the best it can, but the story tre; ment never gives it much of a chai to get beyond the routine. Product: values. . .are rich. . . . "Keep 'Em Rolling" (Radio) Hollywood, Jan. 26. — The prodi tion is of program calibre, of partk lar interest to horse lovers and your sters. "Lone Cowboy" (Paramount) The story, in the simplicity of telling and straightforwardness of acting, makes for effective and oft moving entertainment. "The Ghoul," yesterday's opener the Rialto, was reviewed on Nov. Jersey House Sues Warners, Fox, U. A (Continued from page \) ment Company of Morristown, N. were filed in Federal Court yesterda The plaintiff is the Nithold Brothe Corp., owners of the Palace, in Mo ristown. The plaintiffs allege that the defen ants entered into a combine in viol ] tion of the Sherman Anti-Trust A and the Clayton Anti-Trust Act aii as a result of this illegal combine tl 1 plaintiffs suffered a loss of $75,0C] They ask this amount as actual dar ages and the balance of the $250,0 ] as punitive damages. The plaintiff states that the defen ants entered into a combine und' which they first charged the plaintif exorbitant prices for pictures at; later refused to sell them pictures all. As a result, the complaint alleg the plaintiffs were compelled to clo their theatre in Morristown. Kelly Plans to Sail Soon for Australi Arthur W. Kelly, vice-president charge of foreign distribution f> United Artists, who returned Thur day after six months, will quit the ci again within a month, this time f< Australia. While abroad Kel, opened offices in Yugoslavia, Polain Estonia, Egypt, Syria, Persia, Pa' estine and Austria-Hungary. Joseph M. Schenck, president United Artists, who returned withKell revealed he had made arrangemen for the production of 20 features England, eight by London Films, tl balance by British and Dominior He said he had also arranged for ■<. exchange of players between the studios and his own. Two of tl British players to come to Hollywoc are Jack Buchanan, who has bee working in England opposite Lily D: mita in "Sons o' Guns," and Eliz; beth Bergner, who appears wr Douglas Fairbanks, Jr., in "Catherii the Great," a London Films produ tion which United Artists will r lease. Start Col. Chicago Met A two-day session of the Columb western sales force gets under we in Chicago today with Abe Montagu general sales manager, presiding. GO ON THE GOLD- HEARTED STANDARD! . . . with the Biggest Entertainment Value Broadway has ever offered! ... for the Biggest Cause Humanity Can Undertake! iLL STARDOM TURNS UP IN THE CAST! You Can't Beat These Stars To Stage An Unbeatable Show To Beat Tuberculosis: EDDIE CANTOR BEN BLUE GEORGE M. COHAN SOPHIE TUCKER JACK PEARL BILLY HOUSE GEORGE JESSEL EMIL BOREO MITZI GREEN BLOCK AND SULLY JOE PENNER WILLIE AND EUGENE HOWARD BOB HALL BUDDY ROGERS ABE LYMAN AND BAND BILL ROBINSON MILTON BERLE LYDA ROBERTI ED SULLIVAN BOB HOPE THE ETON BOYS CALIFORNIA COLLEGIANS UNA VILLON LILLIAN ROTH WILL OSBORNE "VOICE OF EXPERIENCE" ire Only a Few Who Will Perform at the Monster VIILK and EGG LEAGUE BENEFIT DR THE LOS ANGELES SANITORIUM FOR NEW YORK'S TUBERCULAR POOR NEW AMSTERDAM THEATRE 42nd STREET WEST OF BROADWAY TOMORROW NIGHT 8:15 Make Your Reservations NOW! ICKETS ON SALE AT THE NEW YORK STRAND Or Telephone Circle 7-5900 Percentage of the Proceeds Go to the Actors Fund of America 4 MOTION PICTURE DAILY Saturday, January 27, No New Setup Ready in RKO Receivership (Continued from page 1) 1932, which gave the company an op- erating deficit for the year of $11,- 600,000. The first report of Irving Trust Co., the RKO receiver, made note that upon taking over RKO ad- ministration it came into possession of only $2,846 in actual cash. One year later, assets have been written down to $69,799,219. The $10,695,000 loss of 1932 has been re- duced to a net loss of $3,356,552 in 1933. Cash, in current and working assets, approximates $2,500,000. The- atres which were in the red to the extent of an average weekly loss of $30,000 at the time of the receivership, have had the loss approximately halved during the first three-quarters of 1933, with an indicated progressive improvement still being noted. In addition, the the- atre situation is continually being bet- tered by adjustment of rents on nu- merous leases, with reductions already obtained aggregating more than $250,- 000 annually. Theatres perennially in the red have been dropped, with the result that of the 162 theatres oper- ated at the time of the receivership only 104 remain today. Radio City Houses Lose While theatres did not figure as importantly in RKO's fianancial diffi- culties as they did in those of Para- mount Publix, they nevertheless failed as a revenue source during the general business depression and accounted for heavy losses. Added to losses on cir- cuit operations was an additional loss of $134,000 on the two Radio City theatres in the first nine months of operation. Changes in policy and re- duction of operating costs eventually improved results from the two theatres to the extent where they are now re- ported to average a monthly net of approximately $75,000. Creditors' claims aggregating $23,- 285,143 have been filed against the company, exclusive of a contested claim for $15,000,000 filed by Rocke- feller Center for defaulted rents and construction costs. There is a possi- bility that this claim may be reduced to $2,000,000 if it is successfully con- tested. Approximately $17,400,000 of the total claims filed against the com- pany are for rent. All are being con- tested by the receiver in hearings now in progress before a special master assigned to hear them. It is regarded as likely that as soon as the rent claims, together with that of Rocke- feller Center, have been permanently settled or adjusted, a creditors' group will come forward with a plan of re- organization. This may entail another four to six months. Film Activities Normal Meanwhile, RKO is continuing its operation out of film distribution and other corporate revenue ; making no outside loans. Activities of the pro- duction and distribution companies have been maintained at normal and theatre operations, wherever they war- rant, are being continued, but on re- duced overhead as compared with 1932. RKO, as a production, distribu- tion and exhibition organization, has suffered no loss of prestige in its position as one of the major com- panies of the industry during the year of its financial readjustment as an estate in receivership. If anything, its position has been strengthened by the production and box-office performance of some of its 1933 product which achieved a place with outstanding pic- tures of the year. Conceding, first, a continuation of current business improvement, RKO is given -a chance of getting out of receivership by the late summer or early fall. An unofficial estimate places it at considerably more than half-way toward that goal at the present time. Argument Heard on Radio City Leases (Continued from page 1) filed by creditors under the RKO re- ceivership. A ruling on the matter will be made by Thacher in about two weeks. RKO's original lease on the two Radio City theatres and office space in the RKO Building provided that in the event of rent defaults the lessee would be liable for construction costs on the property. Rockefeller Center subsequently filed claims for $15,000,- 000 against RKO. alleging it was en- titled to this amount under the lease. Objections to the claim were made by Irving Trust Co., equity receiver for RKO, several weeks ago. Yes- terday's arguments were on interpre- tation of the lease agreement and points of law involved in deciding the amount of the claim to which Rocke- feller Center is entitled. U. S. District Court Judge William Bondy declined early this week to ap prove a new RKO lease with Rocke- feller Center m its present form. Authority's Lists Get 7 More Names (Continued from page 1) cial committee named by the author- ity to select the boards started its task yesterday morning at the Union League Club, the session opening at 9:30 A. M. The meetings will con- tinue indefinitely, but approval of the boards is not expected by the author- ity until the next session, Feb 9. The final batch of names follows : Atlanta— W. Burton Smith. Charlotte — Mrs. Kenneth Richardson. Los Angeles — Lester J. Fountain. Floyd Rice. Pittsburgh — Joseph S. Skirball. Arthur Levy. San Francisco — Bruce Johnson. Expect Code Board Choices by Sunday (Continued from page 1) Club, broke up at 6 P. M. for dinner and reconvened at 8 P. M. and con- tinued until late in the night. The six members and Executive Secretary John C. Flinn resume this morning and will continue at the work tomorrow, with the impression prevailing the selections will be finished by tomor- row night. Progress was reported after last night's session, but no board listings will be released until the authority approves the selections. Gottlieb to Mexico Bernard Gottlieb, head of the Mexico M-G-M office, has returned to his headquarters after several weeks here. Federal Legal Aid Is Barred To Authority (Continued from page 1) which state that a person resident at the homes of the men mentioned can be subpenaed in absence of the per- sons to whom the summonses are made out. Individual members of the Code Authority available for inquiry yester- day said they had not retained attor- neys yet. Indications are that all will agree on one attorney to represent them if, and when, the action is brought to trial. Washington, Jan. 26. — Xo decision has yet been reached by legal experts of the NRA as to whether they will defend the industry members of the Code Authority in the suit brought in New York. The case is being studied by the Administration's legal staff and recommendations are expected to be laid before Donald Richberg, general counsel, early next week. So far as could be learned today, the point in- volved is whether the members of the Code Authority are to be considered as officials of the Government. So far as Division Administrator Sol A. Rosenblatt is concerned, the Government will defend him. since any of his actions attacked in the suit were taken as an official of the Administra- tion. No suit against a code authority alone could involve the Administration representatives, it was pointed out, since they have no vote and any action they might take would be purely nega- tive. The code itself, of course, also will be defended, since, under the Re- covery Act, it has all the effect of a Federal law. Filing of the suit for the first time brought directly before the Recovery Administration the question of its re- sponsibility for the actions of a code authority. In other suits the constitu- tionality of codes has been attacked, but the defendants have been Govern- ment officials as, in the case of suits against the oil code. Secretary of the Interior Ickes, o i 1 administrator. Whether the Administration will de- fend the code authority in the present case is to be determined "on the merits of the situation." it was said tonight. Rosenblatt Hears Writers' Problems (Continued from page 1) nominees for the producer five-five arbitration committee, from which Rosenblatt expects to pick five. Claiming to represent 90 per cent of the recognized writers, the com- mittee urged Rosenblatt to take these nominations seriously. The committee had been allotted an hour, but spent two hours and a half with the division administrator. Rosenblatt is spending the week-end out of town. He declined again yes- terday to make any statements regard- ing conferences. Group conferences with agents are scheduled for this afternoon and he will meet members of the Actors' Guild tonight at the home of Ann Harding. Root Insists Size of Para. Fee Justif ie (Continued from page 1) ness from complete disintegration wi which it was threatened. One of tb Ethan Alyea, suffered a breakdown Root pleaded for restoration of $5,000 cut from the receivership fe<= $30,000 asked by Charles D. Hil i co-receiver with Adolph Zukor. 1j fee asked by Zukor was $25,000. "Hilles must have been a valua' man in making contacts during bank holidays for Paramount," Ju<; Woolsey commented. "As Republic national chairman he must have 1( contacts nationally, and you say company's business was conducted a national scale." Opposition to the payment of s part of the $218,000 fees was voii by Saul E. Rogers, attorney for Paramount bondholders' group, on I grounds that the court was withe authority to grant an allowance 1 cause, he charged, the equity rece ership was an improper procedure a that Paramount should have appl only for bankruptcy. Samuel Zi attorney for another bondholde group, contested payment of the fi on the ground that the receivers! was "fraudulent and collusive." Judge Woolsey held that an inv. tigation of the receivership was c of order at this time, declaring tl the case had "progressed too fa Zirn then asked that "not more th one-third of the total fees asked i be allowed." Counsel for the Central Hano\ Bank, a creditor for $1,400,000, c clared that, while not wishing to c pose payment of the fees, they recoi mended careful scrutiny by the cot of the "substantial" allowances ask by Root, Clark, Buckner & Balla tyne, receivers' attorneys, and Gol mark and Colin, Paramount attorne; The former has petitioned $125,0 and the latter $25,000. Judge Woolsey gave the attorne until Feb. 14 in which to file adc tional briefs and make replies. House Group Aims 50% Tax at Frenc (Continued from page 1) today by the House Ways and Mea Committee. The proposal is said to be aimed France. It came up in the course consideration of the general reven bill now before the House and w urged by Representative Vinson Kentucky. American companies and individua in France, especially film concerr have been the target for a variety taxes and import quotas during tl past year or two. Close Cameo Contract Jack Shapiro and Harry ShiffmJ yesterday closed with RKO to tal over the Cameo, effective today. Lou Blumenthal, previously mentioned the deal, is not interested. Balcon Due Soon Michael Balcon, British producer, due in from London shortly. The Leading Dfihf Newspaper Motion^ Picture Industry MOTION PICTURE DAILY Alert, Intelligent and Faithful Service to the Industry in All Branches OL. 35. NO. 24 NEW YORK, MONDAY, JANUARY 29, 1934 TEN CENTS ¥ McCarthy Says Objectionable Ads End Apr. 1 All Pre-Cleanup Copy to Be Out by That Time Objectionable advertising copy of najor producer-distributors and af- iliated theatres is expected to be out >{ circulation by April 1, J. J. Mc- Zarthy, head of the M. P. P. D. A. idvertising advisory department, said Saturday. McCarthy explained that a corn- Mete cleanup of major company ad- ertising could not be expected be- (Continued on page 4) New Silent Ticket Register on Market A new silent ticket register, which, t is claimed, will revolutionize the sale if tickets at box-offices, has been placed on the market- by the National ricket Register Co. The device, ac- cording to Jack Enslen, general man- iger of the company, has interchange- tble units, an 11 -tumbler lock which •nakes it possible to lock the entire nachine with a single key and visible icket numbers under the top-plate. Many Promoted by Ross Federal Service Harry Ross, president of the Ross "ederal Service, announced Saturday he following promotions in that or- ganization : Walter Brown, manager of the Chi- (Continued on page 4) Sunday Bills Come Up for Va. Hearing Richmond, Jan. 28. — Public hear- :ig is to be given by the House .lorals Committee on Tuesday night {Continued on page 4) Report Allied To Work with Film Critics May Help Raise Fund to Aid Research Council Boston, Jan. 28. — Allied States is understood to have cast its lot with the M. P. Research Council, anti- industry propagandist foundation, in adopting resolutions at its recent directors' meeting in New York en- dorsing the council's policies and committing Allied exhibitors to full cooperation in raising $200,000 to help finance a two-year campaign for the elimination of block booking, blind selling and to provide for trade show- ings and "advancement of the motion picture art," Motion Picture Daily learned yesterday. The council "hopes" for an imme- diate contribution from Allied through its national executive committee and (Continued on page 4) Allied Files 2nd Suit vs. Authority A second suit was filed against all members of the Code Authority on Saturday, this time the complaint being filed by Fred Herrington of Pittsburgh and W. A. Steffes of Min- neapolis, both directors of Allied. The suit seeks an injunction restraining the authority from denying exhibitors the right to file code assents with qualifications. The plea will be argued tomorrow (Continued on page 4) NRA Official Not Yet Served in Suit Division Administrator Sol A. Rosenblatt is the only member of the Code Authority not yet served with a summons by a U. S. marshal in the suit of the Congress, Newark, against the authority. Rosenblatt is in Holly- (Continued on page 4) Uses Back Door Hollywood, Jan. 28.— Sol A. Rosenblatt pulled a nifty on the Educational publicity de- partment while making his rounds of the studios. He appeared at the public relations entrance, which is located on a side street. A startled secretary politely stammered that he had come in the back door. "I always come in the back door," responded Rosenblatt. And he exited the same way. 8 Boards Unnamed As 2-Day Meet Ends Although it was expected personnel of all 32 clearance and zoning and grievance boards would be completed by last night, the committee of six working on the tentative selections concluded a two-day meeting Satur- day evening with eight boards yet to be decided upon. The session broke up at 6:15 P. M. Saturday at the Union League Club. Secretaries of the boards have not been designated and will not be until (Continued on page 4) Cincy's Late Shows Feel Repeal Boost Cincinnati, Jan. 28. — Ohio ex- hibitors who have envisioned bigger Sunday business because of repeal at- tracting a greater number of diners to the downtown eating places, now find they have been viewing a mirage. The state law requires all bars to close from midnight Saturday until Sunday midnight. Downtown theatres report a noticeable nightly increase in attendance at the late shows, which they are inclined to credit to repeal. Klangfilm Pact to Stop German Suits Washington, Jan. 28. — Klangfilm patent infringement suits against German exhibitors will be abandoned (Continued on page 4) Extension of Assents' Date Asked by 'CA' Expect Johnson to Grant Delay to Feb. 28 Today With deadline for code assents only three days off, the Code Authority held a special meeting Saturday and telegraphed Hugh S. Johnson for a second extension, this time setting Feb. 28 as the new expiration date for postmarked compliances. The Ad- ministrator is expected to grant the postponement today. The special session is the first of Its kind called by the authority and is understood to have taken place at the Bar Association Building. First postponement of the date by which assents must be returned was given several weeks ago when the Jan. 11 date was set back to Jan. 31. This was due to compliance forms being unexpectedly delayed. The new extension is sought as a result of ex- hibitor requests from all over the country, it is said. Theatre owners who have not studied the code are seeking more time before assenting. Rosenblatt Meets Agents; No Action Hollywood, Jan. 28— Hollywood agents' distrust of one another was eloquently revealed to Division Ad- ministrator Sol A. Rosenblatt at his first meeting with the group in a late week-end session at the Beverly-Wil- shire, attended by 50 agents. The absence of a centralized group sufficiently trusted by all to be au- thorized to speak for the agents re- sulted in a "dumb" meeting, as no one was prepared to assume the role of spokesman. Unable to make head- (Continued on page 4) Seek Opinions from California Showmen San Francisco, Jan. 28. — Sending out of questionnaires to all 388 the- atres in northern California is to be urged by the I. T. O. as soon as the (Continued on page 4) A Word for It Local exhibitors, like the Greeks, have a word for it. They're calling 'em groan- ing and zoning boards. His Answer "Good pictures is the an- swer to all cycles," Eddie Mannix, M-G-M production head, states. "And that stands forever." "It doesn't matter whether pictures are costume affairs, dramas or melodramas. If they are good they will al- ways do the business." Mannix is here for several weeks' vacation, but is spend- ing most of his time in con- ferences. Oklahoma Can't Take It Oklahoma City, Jan. 28. — There may be something besides oxygen and hydrogen in the Oklahoma air, but native sons — and daughters — don't want their best friends to tell them. In "Dinner at Eight" Billie Burke says: "They smell of Okla- homa"— meaning Wallace Beery and Jean Harlow — but when she says it in this state hisses start. Morris Lowenstein, president of the theatre owners, has pro- tested to Will H. Hays and Hays has protested to M-G-M, but Billie Burke is still casting aspersions. MOTION PICTURE DAILY MOTION PICTURE DAILY (Registered U. S. Patent Office) Vol. 35 January 29, 1934 No. 24 g9 Martin Uuigley 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 Xork." 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., Hollywood Bureau: Postal Union Life Building, Vine and Yucca Streets, Victor M. Shapiro, Manager; Chicago Bureau: 407 South Dearborn Street, Edwin S. Clifford, manager; London Bureau: 6 Brookland Close, Harapstead Garden Suburb, Bernard Charman, Representative; Berlin Bureau: Berlin-Tem- pelhof, Kaiserin-Augustastrasse 28, Joachim K Rutenberg, Representative; Paris Bu- -eau: 19, Rue de la Cour-des-Noues, Pierre Autre, Representative; Rome Bureau: Viale Gorizia, Vittorio Malpassuti, Representative; Sydney Bureau: 102 Sussex Street, Cliff Holt, Representative; Mexico City Bureau: Apartado 269, James Lockhart, Representa- tive; Glasgow Bureau: 86 Dundrennan Road, G. Holmes. Representative; Budapest Bureau: 11 Olaaz Fasor 17, Endre Hevesi, Representative. 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 oer year: $6 in the Americas, except Canada $15 and foreign $12. Single copies: 10 cents. Players Here for Trip Among those who have arrived in New York to start the "Moulin Rouge" tour are George Bancroft, Dorothy Dunbar, James, Lucille and Russell Gleason, Antonio Moreno, Leo Carillo, Hoot Gibson, Eddie Quillan,. Jack Mulhall, Creighton Hale, Ben Turpin, Roscoe Ates, Anna Q. Nils- son, Nancy Welford, Doris Hill, Mary Carlisle and John Hundley. They start their nationwide tour in Washington Feb. 1. "Christina" Closes Cleveland, Jan. 28. — "Queen Chris- tina," roadshowing at the Ohio, closed last night after one week. The picture did not draw at advanced prices. MOTION PICTURE ALMANAC 1954-35 NOW /A/ PJl£PA/iA r/OA/ WHERE THE WORLD LOOKS FOR MOTION PICTURE PAKE Insiders9 Outlook LOOKS like a lively late win- ter and early spring. Both United Artists and Paramount, as it happens, will fight it out for top money across the land with pictures dealing with the state- craft and lovecraft of Catherine of Russia, the gal who went for tight uniforms and tall soldiers. U. A. is that keen for its opus, called "Catherine, the Great," it has leased the Astor for a two- a-day run beginning Feb. 14 and has set national release a brace of days later. Paramount's film, said to cost about $1,200,000, stars La Dietrich and will be re- leased in late April as "The Scarlet Empress." Interesting as a slant, and perhaps complicated, is the fact the Loew circuit here in New York gets the Dietrich film on its split of Paramount with RKO. The circuit plays all U. A. on a franchise and so will find itself with two impor- tant pictures dealing with the same subject matter, not far apart. Fun, eh ! . . . Number two is the situation on adventure films. Clyde Elliott, who had much to do with "Bring 'Em Back Alive," dug into the Orient and brought back for Fox "Devil Tiger." It opens at the Rialto in a couple of days. Sepa- rately and again for Amedee Van Beuren, Frank Buck pro- duced "Wild Cargo," on which much editing remains to be done. Fox plans to shoot its film on Feb. 16; RKO figures the Buck film won't go out before a month beyond that. It is said about Van Beuren that he relied on having the field pretty much to himself. Only now he won't and that doesn't set so well. In this case, as in the case of Catherine's glorification, the steam cooked up by the distributors will have sub- stantial to do with the results, always taking into consideration what's been caught on the cellu- loid, naturally. . . . T Reads the code assent form : "The undersigned hereby ap- proves, adopts and assents to the Code of Fair Competition for the Motion Picture Industry as ap- proved by the President on Nov. 27, 1933 ..." Some of those fire-eating Cleveland indepen- dents, however, have their own ideas. The wires tell of a scheme whereby exhibitors are signing all right, but striking out the fourth word which is "approves." This in the face of Sol Rosen- blatt's statement that signatures are N.G. if any part of the assent form is stricken out. . . . More merry notes : United Artists and Radio both reported planning versions of "The Three Muske- teers.". . . The sex urge among the northland folk persuades Metro to advertise "Eskimo" here as "Eskimo-Wife Trader." In Eng- land, it's known as "Mala, the Magnificent.". . . United Artists may follow the "Catherine, the Great" run at the Astor with "The House of Rothschild." The latter, starring George Arliss and produced by Darryl Zanuck, is being built as 20th Century's ace effort of its first year of exis- tence. ... If the Music Hall must run two-reel comedies, the selection might be better than some of the Radio two-reelers that have been spotted in there. Apparently just another book- ing, playdates on "Sitting Pretty" over the RKO city circuit go far (Continued on page 4) Trading Light on Big Board Net Columbia Pictures, vtc. Eastman Kodak Fox Film "A" Loew's, Inc Pathe Exchange Pathe Exchange "A" RKO Warner Bros 654 Technicolor High Low Close Change Sales . 25j/8 25V& 25% -m 200 • 4% 4J4 - 54 200 . 14 1354 14 400 . 8754 87 8754 - 54 1.000 IS IS 15 200 • 29H 2854 29/8 + V» 3,600 ■ 2VS w m + 'A 200 . 1254 12H 200 • 2% 254 254 -*A . 300 . 6*4 6Vs 654 3,100 Curb Issue Net High Low Close Change Sales 1054 1054 + 54 200 Sales Light on Bond Market High General Theatres Equipment 6s '40 6 Keith, B. F., 6s '46 60-Ji Loew's 6s '41 ex war 92 Paramount Broadway S'As 'SI 3554 Paramount F. L. 6s '47 35VS Paramount Publix 554s, '50 36 Warner Bros. 6s '39 wd 5154 Net Low Close Change Sales 5% 6 — H 4 60 60 6 91 91 8 35 35 —1 9 35 35 —1 14 35& — 54 7 5154 5154 + 54 6 (1) — N. Y. American (2)— World - Telegram (3) — Evening Journal (4) — N. Y. Daily News (5) — N.Y. Daily Mirror (6) — Morn. Telegraph (See also second page following) WILLIAM POWELL in FASHIONS OF 1934' 4 MOTION PICTURE DAILY Monday, January 29, 1934 Report Allied To Work with Film Critics (Continued from page 1) for the fixing by Allied of a definite figure as the "amount which it will seek to raise through its members dur- ing the next four months." Allied members, however, are not to be offi- cially advised by their executive board of the full content of the resolution which has been passed until Feb. 20, when their cooperation will be asked. Under the plans agreed on by Allied and the council, Allied's execu- tive committee becomes the M. P. Exhibitors' Cooperation Committee for the purposes of the council's cam- paign and will be charged with re- sponsibility for carrying out the campaign of cooperative activity be- tween the two organizations. A mem- ber of Allied's executive committee will be elected chairman of the coun- cil's exhibitors' cooperation committee and will be designated a member of the national executive committee of the' council. The council will work with the Allied committee and its headquarters in New York will be utilized as the executive office of the exhibitors' cooperation committee. The council is headed by William Short and has been active here and elsewhere in recruiting sentiment criti- cal of the industry among women's clubs, church and civic organizations. It was instrumental in interesting Dr. A. Lawrence Lowell of Harvard in industry affairs and also figured in the publication of "Our Movie-Made Children," a book sponsored by the Payne Foundation and purporting to reveal the damaging influence of films on juveniles. Many Promoted by Ross Federal Service (Continued from page 1) cago office, has been made mid-west division manager, with supervision over Chicago, Des Moines, Omaha, Kansas City, St. Louis, Milwaukee and Indianapolis. Arthur Kane, Los Angeles manager, is now west coast division manager, with supervision over Portland, Seattle, San Francisco, Los Angeles, Denver and Salt Lake City. Max Ungerman, Denver man- ager, has been transferred to Atlanta. Joseph Page, manager of the In- dianapolis office, succeeds him. J. E. Jolly, manager in Atlanta, succeeds Page. The promotions have been made in line with the firm's policy of promot- ing from within the organization. Sunday Bills Come Up for Ya. Hearing (Continued from page 1) on three bills — one to liberalize the blue laws, another to permit pari- mutuel betting and a third to abolish the state censor board. Film interests are maintaining com- plete silence about their attitude on the three bills. In the meantime ministers are conducting an active campaign. McCarthy Says Objectionable Ads End Apr. 1 (Continued from page 1) fore that date due to the fact that pictures released prior to Dec. 1, when his department first began to function, would be getting general playing time up to then and would be sold and ex- ploited with advertising material pre- pared for them prior to Dec. 1. Mc- Carthy declined to make any predic- tions as to action by independent pro- ducers and distributors on copy regu- lation. Editor and Publisher, in a current issue, comments on an "improvement" in film advertising following a na- tional observation of copy. McCarthy reported that . several hundred newspapers and magazines throughout the country have given at- tention to the work of the M. P. P. D. A. advisory department in edito- rial and film columns. Klangfilm Pact to Stop German Suits (Continued from page 1) as a result of an agreement with the Cinema Owners' Ass'n. under which Klangfilm will bring on the market a new low-priced apparatus for small theatres, Trade Commissioner George R. Canty, Berlin, reports to the M. P. Division of the Department of Commerce. Under the agreement theatres using unpatented apparatus without arrange- ment with Klangfilm will be freed of future patent infringement suits on purchase of the new apparatus and, similarly, theatres having made ar- rangements for settlement of in- fringement suits will be freed of pay- ment of future fees. Carter-Machamer to Do Cartoon Series Carter-Machamer will produce six one-reel shorts based on the "Gags and Gals" page in the Sunday Mirror. Jefferson Machamer, cartoonist, and D. L. Carter, formerly with Para- mount and Universal, are at the head of the company which will work at the Photocolor studios, Irvington-on- the-Hudson. Pauline Moore of "Mur- der at the Vanities" will have the leading role in the first subject. Michigan Allied to Select Board Names Detroit, Jan. 28. — Following return of H. M. Richey from New York where he attended the Allied board of directors' meeting, the business manager of the local unit stated he will call a meeting of the members after Feb. 9, when it is expected ap- pointments to the 32 clearance and zoning and grievance boards will be announced, to discuss local zoning. Hicks Sails Wednesday John W. Hicks, Jr., head of the Paramount foreign department, sails Wednesday on the Manhattan on a semi-annual sales trip. He will cover most of the Continent and return to New York in about seven weeks. Rosenblatt Meets Agents; No Action (Continued from page 1) way under such circumstances, Rosen- blatt wound up the meeting by in- structing the agents to appoint com- mittees to represent each faction and put in an appearance at a later meet- ing prepared to discuss their position. The job of organizing the committees admittedly will be a tedious one in view of the recognized reluctance of agents to trust one another. During the session the 30-day "raid- ing" clause was discussed mildly and indeterminately, but with a preponder- ance of agent sentiment opposed to it. Also mentioned was the question of state licensing of agents which Rosen- blatt has said will not be included in the code unless found necessary. At a session earlier in the day with a small group representing singers Rosenblatt was informed that the warblers who appear on and off the stage feel they cannot be classified as regular screen performers and asked for a code of their own. They were asked to submit a definite plan later for consideration. Allied Files 2nd Suit vs. Authority (Continued from page 1) in the U. S. District Court at 10 A.M. Summonses were served on Executive Secretary John C. Flinn, S. R. Kent, Charles L. O'Reilly, Na- than Yamins, W. Ray Johnston, George J. Schaefer and Ed Kuyken- dall at the Union League Club Saturday morning. Filing of the suit Saturday marks exactly one week since instituting of the first suit by the Congress theatre in Newark, N. J. 8 Boards Unnamed As 2 -Day Meet Ends (Continued from page 1) after the boards' personnel is approved by the Code Authority on Feb. 9. Recommendations from members of the 32 boards for local secretaries will be sought by the authority and their appointments will be held up until the financial budget and salaries are set, it is understood. Publication of .the names is upheld pending approval by the authority. Division Administrator Sol A. Rosenblatt returns from the Coast Feb. 7. Seek Opinions from California Showmen (Continued frofn page 1) clearance and zoning 4£hd / grievance boards begin to function under the code. Members of the association feel that in this way the attitude of exhibitors on dual billing, uniform admission prices, trick admission hours and premiums can be learned. To Meet Wampas Hollywood, Jan. 28. — Division Ad- ministrator Sol A. Rosenblatt's first public address here will be made Tuesday at a Wampas meeting. Insiders' Outlook (Continued from page 2) beyond. This was the first Para- mounter to be picked up by Radio since "I'm No Angel" and marked Armistice Day in the local difficulties between circuit and distributor. Held up for various reasons over a period of some weeks were six pictures, including "Design for Living," "Tillie and Gus," "Take a Chance," "White Woman" and "The Girl Without a Room." Refusal on RKO's part to pick up prints meant a delay in all other metropolitan houses which had booked the same releases. All's jake now. . . . ▼ Lots of things to keep eagle eye on in the cleanup campaign now being pushed hard by the Hays office. There is the matter of varied points of view, for instance, which leads to the inci- dent wherein Dr. James Wingate had passed certain stills on the coast for the same photos to be rejected by Jeff McCarthy's office in New York later. April 1 is now regarded as the date when horizontal clinches, undies, cool ankles and hot copy will be camphorized. . . . RKO has an idea it would like to play "Nana" at the Center, after the Music Hall. Loew has an idea, too, and it doesn't jell with the for- mer's. . . . T Ned Depinet, talking to a Motion Picture Daily corre- spondent as train crews of The Chief changed at Kansas City: "Without doubt, Merian C. Cooper will be retained in his present status on a renewal of his current contract which ex- pires March 1." Nevertheless, the grapevine stands by its guns and its story that Cooper would prefer a unit. . < . The power of suggestion: This sheet's review of "The Constant Nymph" cabled from London suggested pruning the 96-minute length in which it was seen. Fox has sent the master print to Hollywood with orders to trim 22 minutes. . . . The Roxy sought A. T. and T. cooperation in ballyhooing "I've Got Your Number." The tele- phone company refused, declaring - it does not permit its employes to tap wires, which the picture claims they do. . . . KANN NRA Official Not Yet Served in Suit (Continued from page 1) wood and is expected back sometime next week. As yet no answers have been filed in the U. S. District Court by defend- ants. Attorneys for individual members of the Code Authority have not yet been decided upon. Rosenblatt, however, will be defended by the legal division of the NRA. Jit ^ed deluge of 6,o»e nu vania on his annual visit. While h he will confer with John W. Hie Jr., vice-president of Paramount ternational Corp. Howard Dietz Returnii Howard Dietz, M-G-M public advertising and exploitation direel is en route from the coast and is - pected in New York shortly. •in "Massacre .^V^miam.Muir . \n "NUmdalay //o Veree Teasdale' forre», Jenkins' AXn«froneiS'JOlSOn' ((Jo0rnotof ACrime" then *A Warner Bros Picture °A First National Picture Vitagraph, Inc., Distributors but mark it down on your calendar now as the date of the Outstanding Social Event of the Industry in 1934 INDEPENDENT THEATRE OWNERS ASSOCIATION Annual Midnite Supper and Ball Ho te I Wa Idor f-A s toria Entertainment by GREATEST STARS • of the stage and screen SPECTACULAR ACTS from reigning Broadway Hits Dance Music by THREE FAMOUS BANDS TICKETS— TEN DOLLARS per person Tickets May Be Obtained WM. BRANDT, Chairman Entertainment Committee The Leading Daily ewspaper of the Motion Picture Industry MOTION PICTURE DAILY Alert, Intelligent arid ' ■■• ■ \ Faithful Service to the Inlistry in All Branches 35. NO. 25 NEW YORK, TUESDAY, JANUARY 30, 1934 TEN CENTS Hit Code Signing Deadline reditors ax Payments On Criterion feree Delays Decision In Paramount Case iramount creditors' opposition to nent by the trustees in bankruptcy 175,000 in taxes and penalties on Criterion Theatre property to "Hit foreclosure by the mortgage er was voiced yesterday at a hear- before Referee Henry K. Davis resulted in delaying action on the tees' proposal until Feb. 5. Under plan the City Bank-Farmers Trust agrees to discontinue foreclosure eedings on the property until July k3 to bring about an end of the ivership of the Seneca Holding Paramount subsidiary controlling property. inkers Trust Co.. a Paramount hor, led the opposition to the trus- (Continued on page 6) 'port Blank After l. C. Publix Houses an s as City, Jan. 29. — A. H. it Omaha circuit operator, is ing with Publix in New York to over the Publix properties here, rding to reports. These include Newman, first run. and the Royal, ntly reopened subsequent. :cause of decentralization and ing back of numerous houses in middle west, the local theatres are only Publix holdings in a large . Publix has been seeking for i time to dispose of the long term :s. it is said. addition to the Kansas City the— S, Blank is reported to be nego- ig for Publix holdings elsewhere le middle west. lit Is Reported For Rowland-Brice iliiam Rowland and Monte Brice "eported about to end their eastern producing partnership in favor of id -ally directed producing actdvi- Xeither could be reached for a :ment yesterday at the Rowland- e offices. ast Independents Again Talk Merger ollywood, Jan. 29. — I. E. Chad- tonight held a second session of ndependent producers to discuss a jer of the Independent M. P. Pro- (Continued on page 8) Is Set Back to Feb. 28 'Gallant Lady " Big Draw In Half Dozen Key Cities "Gallant Lady" was an outstanding draw in a number of key points last week. It took the big money in Min- neapolis and St. Paul. Philadelphia. Pittsburgh. Cleveland and Chicago. Business was off in a number of spots, notably Chicago. Detroit. San Francisco, Pittsburgh and Cleveland. "Gallant Lady" took top honors in Minneapolis and St. Paul bv chalkinsr up $8,000 in the Minnesota and S6.50O in the Paramount, respectively. Other first runs in each city failed to show (Continued on page 6) New Theatre Union Contracts Sent Out New wage scale contracts for ushers, doormen and janitors were submitted yesterday to major and lead- ing independent circuits by Local 118. Building Service Employes union. The distribution of the contracts will con- tinue today and all theatre operators in the Greater New York area are (.Continued on page 8) Renew on Dressier Hollywood. Jan. 29.— M- G-M has exercised a one-year option on Marie Dressler's contract. Winfield Sheehan to Get Screen Credits Hollywood, Jan. 29. — Winfield Sheehan's name will appear on the screen for the first time as producer of "Carolina." This is the start of a new Fox policy of identifying all producers, it is said. Sheehan's next two with his name as producer will be Will Rogers' "David Harum" and "Fox Follies.'- Expect M-G-M To Keep List Up to 52 Mark M-G-M's 1934-35 program, sched- uled for discussion following the ar- rival on the coast of Nicholas M. Schenck, is expected to include 52 features. Felix M. Feist is due there in a few days and he will sit in with Louis B. Mayer, Irving Thalberg and other studio executives. The program is also expected to include about the same number of shorts as this year. The company is understood set on (Continued on page 8) Business Good in England — Laemmle Chicago, Jan. 29. — Business in Eng- land is very good. It is off on the Continent, but the income has not de- preciated as much as business because (Continued on page 8) All Missouri Advertising Must Pay New Sales Tax Kansas City, Jan. 29. — Despite the interstate features of national adver- tising, such copy, as well as local advertising, placed in Missouri papers is subject to the recently-enacted sales tax of one-half of 1 per cent, under a ruling bv the attorney general. i Thus, advertising placed by home office departments of theatre circuit or New York agencies will fall under the levy. Since the newspapers will pay the tax direct to the state, it is believed (Continued on page 8) Request by Authority Given Approval by General Johnson Extension to Feb. 28 for return of code assents was granted yesterday to the Code Authority by Administrator Hugh S. Johnson, thereby postponing the deadline for a second time. Orig- inally, Jan. 11 was the date set, but due to delay in getting out the assent forms, the deadline was moved up to Jan. 31. Motion Picture Daily ex- clusively intimated yesterday that the Administrator would approve the re- quest. The latest postponement was given as a result of requests by the Federa- tion of the M. P. Industry and the I.T.O.A., which asked the authority to seek more time. The federation claimed its members wanted additional time to consider the code before as- senting. The I.T.O.A.'s demand was made because it had expected to hear from Division Administrator Sol A. Rosenblatt on an interpretation in the (Continued on page 6) Allied Code Suit Up Today in Court Suit against members of the Code Authority filed by W. A. Steffes of Minneapolis and Fred Herrington of Pittsburgh, both Allied directors, comes up today in the U. S. District Court before Judge William Bondy. John C. Flinn will appear in person and will not be represented by coun- sel. Austin C. Keough will act for George J. Schaefer and Charles L. O'Reilly will not attend. One of the complaints in the suit, seeking an extension for filing assents, has alread}- been granted by the NRA. The second complaint is to restrain the authority from insisting on un- qualified assents. Code Board Lists To Be Set Feb. 8 With selections of the Chicago, Bos- ton, Detroit and Philadelphia clear- ance and zoning and grievance boards yet to be set up by the committee of six handling the recommendations, a second session will be called on Feb. 8 for disposing of the four remaining groups, A two-day session of the (Continued on page 6) MOTION PICTURE DAILY Tuesday, January 30, I MOTION PICTURE DAILY (Registered U. S. Patent Office) Vol. 35 January 30, 1934 No. 25 Martin Uuiglev 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 ¥ork." 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. Clifford, manager; London Bureau: 6 Brookland Close, Hampslead Garden Suburb, Bernard Charman. Representative; Berlin Bureau: Berlin-Tem- pelhof, Kaiserin-Augustastrasse 28, Joachim K. Rutenberg, Representative; Paris Bu- reau: 19, Rue de la Cour-des-Noues, Pierre Autre, Representative; Rome Bureau: Viale Gorizia, Vittorio Malpassuti, Representative; Sydney Bureau: 102 Sussex Street, Cliff Holt. Representative; Mexico City Bureau: Apartado 269, James Lockhart, Representa- tive; Glasgow Bureau: 86 Dundrennan Road, G. Holmes. Representative; Budapest Bureau: 11 Olaaz Fasor 17, Endre Hevesi, Representative. 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 oer year: $6 in the Americas, except Canada $15 and foreign $12. Single copies: 10 cents. Shea Quits Music Hall Joseph C. Shea has resigned from the Music Hall publicity department to take a job with another company and James Hood Macfarland, Rivoli publicity director, will take his place next week. No successor has been named for Macfarland. O'Reillys Celebrating Quebec, Jan. 29. — Charles L. and Mrs. O'Reilly arrived from New York- today to celebrate their silver wed- ding anniversary. The couple, who were married 25 years ago today, will remain for three days. MOTION PICTURE ALMANAC 1934-35 NOW /A/ PA£PAAA T/OA/ WHERE THE WORLD LOOKS FOR MOTION PICTURE »C22 w HEN Sam Gold- wyn unleashed his yearly bombardment on Hollywood, mass production and pediculous pictures the other day, he overlooked one slightly necessary point. Champion of production in limited numbers — limited deliberately with the idea of making them good, or better — Goldwyn failed to name where and how there could be assembled the tal- ent to turn them out that way. On the one hand, he said : "This time last year I thought there were enough brains around to turn out 50 real standout at- tractions. Today, I don't think the combined production brain- power of the industry can make that many. "There aren't enough stories. Even if there were, the necessary writing power no longer can be mustered " On the other, apparently he would have this available ability go to a sharply curtailed output since he of- fers no method by which the deficit can be removed. Too many indiffer- ent attractions are ground out every year. That's true and the reasons are several. It is a fact, we think, that the majors are tackling a task impossible of achievement along pres- ent production lines. Story avail- ables are, always have been, lacking to fit the numerical commitment. Hurry is constantly encountered in meeting release dates. Y, ET to cut as dras- tically as Goldwyn proposes would find the market short of enough pic- tures to keep theatre operation going even if one de luxe house in each major city had supplied it enough un- usual box-office stuff to permit hold- ing each attraction for four weeks. The situation on Broadway reflects itself in smaller measure right across the country. There are houses com- petitive with each other that require a steady supply of film to keep their doors open. If the Capitol, Para- mount, Music Hall and Strand were lucky enough to have delivered to them film of a calibre which rated four weeks on each succeeding film the maximum total set by Goldwyn al- ready would be exceeded by two. What about United Artists' own Ri- voli, the Roxy and what would Nick Schenck place in the Astor at ad- vanced prices? EVERTHELESS, the chances that product would im- prove if less of it was made are not to be discounted. It doesn't follow, however, that all of the maximum 50 the producer proposes would fall into the classification of hits and long runs. Many pictures are placed on schedule and, at their outset, desig- nated to be de luxe attractions. Sometimes they pan out and again they do not. Any exhibitor who knows what he is about will tell you one standout picture a month is something he would like to get. but probably never will. The New York stage, with all its impresarios, never has delivered more than a handful of hits in any- given season, yet Goldwyn. theoreti cally, envisions this kind of a Utopia for motion pictures. It's all very pleasant to contemplate, but hardly- practical. When he talks, as he did. about too many pictures a season, he hits it off closer to this column's way of viewing the situation. For no studio, even M-G-M with its sustained record of real attractions and real personalities can let loose 30 or 40 clickers a year It's simply not in the cards. W HAT we should like to see is a grafting to production elements as constituted today a new set of individuals or a chance given {Continued on page 8) Loew's Pfd. Up 5% on Big Board Net High Low Close Change Columbia Pictures, vtc 2534 2554 255* + 54 Consolidated Film Industries 454 454 454 — 54 Consolidated Film Industries, pfd 14 1354 14 Eastman Kodak 91 8854 8954 +2 Fox Film "A" 1654 14V5 1654 +154 Loew's. Inc 29^ 295s 29*6 + 54 Loew's. Inc.. pfd 8654 86 8654 +554 Paramount, cts 354 3% 354 +54 Pathe Exchange WA 254 254 +54 Pathe Exchange "A" 14'/$ 1254 1454 +154 RKO 354 2?A 3 +54 Warner Bros 754 654 7 + % Trans Lux Gains % on Curb Net High Low Close Change Technicolor 1054 1054 1054 — 54 Trans Lux 2>A 254 +54 Keith Bonds in 6-Point Rise Net High Low Close Change General Theatre Equipment 6s '40 654 6 654 + 54 General Theatre Equipment 6s '40, ctf 6 554 6 +54 Keith B. F. 6s '46 ,. 66 66 66 +6 Loew's 6s '41, ww deb rights 9254 9154 9254 +154 Paramount Broadway 554s '51 36 3554 36 +1 Paramount F. L. 6s '47 36?A 3554 3654 +154 Paramount Publix 554s '50 36 36 36 + 54 Pathe 7s '37, ww 88 87 88 ■ Warner Bros. 6s '39. wd 5254 5154 5254 +154 Sales 200 100 2.100 5.000 12.500 1,900 200 8.200 30.700 12.600 3.000 19.600 Sales 400 500 Sales 14 5 3 15 10 16 2 3 142 See No Aim by Trad Body to Absorb NR Washington*, Jan. 29. — Indus, of the Federal Trade Commission the recovery picture by providi that it shall handle certain investii tions, as stipulated under the Rectf ery Act, does not mean that the cJ mission is about to absorb the NR Reports reaching Washington fr» New York tonight to the effect t) j the commission was about to n over the latter aroused little orl ; interest among its officials. While there is no doubt the ocj mission would look favorably uj such a move, Secretary of Comme) Roper has long had his eye onTli Administration and its permanj home is expected to be in the 5 partment of Commerce, if. when a as the present setup is reorganid Harris to Head New Variety Club Grou Pittsburgh, Jan. 29. — John Harris was elected president of a n national organization of Variety C! at a convention held here over week-end and it was voted to hold other similar meeting in the fall. Other officers elected were : F vice-president, M. R. Clark. Coh bus: second vice-president, John Maloney, Pittsburgh : secretary. W Ham Gebring. Cincinnati : treasu James G. Palmer. Pittsburgh ; din tors : J. E. Fontaine, Cleveland : J Flynn, Detroit: Alvin Wolff. Louis; George Tyson, St. Louis; Harry Goldstein, Pittsburgh. Cleveland, Buffalo and Albany v given permission to organize club Joseph Wins RKO Awm John Joseph, Chicago press ag< has won first place in the RKO $ prize contest for- the best campai on "Little Women." Second was J Golden. Rochester manager ; th Hardie Meakin, Washington manag fourth, Mickey Gross, Sioux C manager; fifth, Emil Umann, ! Francisco press agent. Jack Goldste Boston ; E. A. Vinson, New York, a Arden Strang, Columbus, all pr agents, received honorable mentioa Finds Business Upturn Exhibitors in western and cent New York report business has tak an upturn in the last few weeks, i clared Bert Sanford, eastern divisi sales manager of Erpi, on his retui here yesterday after a week in that te ritory. Cohen New Powers Ait Harry Cohen, formerly assista. European general manager for Wa ners, has been named eastern repn sentative by P. A. Powers for tl M-G-M unit producing Ub Iwerk "Willie Whopper" and "Flip tf Frog" series. Cohn Extends Coast TVt, Hollywood, Jan. 29.— Jack Cohn extending his visit at the Colum studios and doesn't expect to leave New York until the latter part of t week. Kaufman in Amity Po Indianapolis, Jan. 29. — Abe Kaul man has taken over Amity distribu tion here and has incorporated unde the name of Big Feature Rights Corf rhere could be no more convincing tribute to the remark- able success of your stewardship than the prosperty □f the thousands of theatres which are playing these WARNER BROS. PICTURES Vitagraph, Inc., Distributors Universal Knows How To Make Mystery Pictures - and Here's The Latest Proof! There are no haunted houses, spooks, or other kinds of hobgoblins to blame for the murder in THIS smash drama . . . Your patrons are intro- duced to the suspects, shown why they are sus- pects...Their own intelli- gence is given a chance to solve the murder while it is being investigated on the screen... But what a SURPRISE WALLOP it has . . . Wait and see! with WYNNE GIBSON ONSLOW STEVENS Skeets Gallagher, Alan Dinehart, William Collier, Sr., J. Farrell MacDonald, Warren Hymer, Edward Van Sloan, John Wray. Pro- duced by Carl Laemmle, Jr. Directed by Edwin L. Marin. Presented by Carl Laemmle. MOTION PICTURE DAILY ' 'Gallant Lady 9 9 Big Draw In Half Dozen Key Cities (Continued f anything unusual. "Miss Fane's Baby is Stolen" had a pax $1,500 at the Minneapolis Lyric, "Should Ladies Behave;'" was slightly above normal at the State, "The Invisible Man" was average, and "Waltz Time" was a good draw at $3,600 in the 400-seat World. "By Candlelight" and "Sons oi the Desert" were good draws in St, ir"aul. "All of Me" was the only first run attraction to develop any strength in Buffalo, but at that the $14,800 take was $200 under par. A dual bill, "Lady Killer" and "Olsen's Big Mo- ment, " reached $6,500 at the Century, "Fugitive Lovers" took a weak $y,/U0, helped by a vaudeville bill at the riippodrome, and ".Roman Scan- dals" fell off to $7,300 in its second week at the Great Lakes. Again "Gallant Lady" Philadelphia had three outstanding attractions. "Gallant Lady" nearly doubled the normal take with $13,500 at the Aldine, "Design for Living" was up $2,000 with $14,000 at the Boyd, and "Man's Castle ' had a re- markable $22,000, due partly to Farl Carroll's "Vanities" at the Fade. "Hi, Nellie" was weak at $10,500 at the btanley, and "Massacre" was also somewhat below average at the Stan- ton. "Sleepers East" and "Beloved" at the Fox and Karlson, respectively, failed to stir up any excitement. Oklahoma City may object to some of the dialogue in "Dinner at Eight," but it pays good money to go hear it. The $9,000 gross at the Criterion was $4,000 over normal. "All of Me" also had a good week at the Midwest with a $4,200 gross. "Sons of the Desert" was better than par at $2,600 in the Capitol. "Easy to Love" and "Smoky," splitting the week at the Liberty, were below normal at $1,800. Pittsburgh went into a mild slump for some reason or other, with only three good draws. "Gallant Lady" led the town at $13,000 in the Penn. "East of Fifth Avenue," with a stage show, pulled $9,500 to the Pitt, above average by $3,500. "Massacre" topped normal by $750, with a $5,750.^ "Hi, Nellie," "Olsen's Big Moment" and "The Big Shakedown" were weak. Cleveland So-So Cleveland had a so-so week with no outstanding grosses. "Counsellor at Law," with Milton Barle and other vaudeville acts at the RKO Palace, took $19,500. "Hi, Nellie" had a good $5,200 at Warners' Hippodrome, and "Gallant Lady" reached $10,500 at Loew's State, but business was just fair elsewhere. "Eight Girls in a Boat" and "Broken Dreams" had $4,100 at the Stillman and "Beloved" reached a par $3,000 at the Allen. "Queen Christina" slumped off weakly at the Ohio at $1.50 top. rom page 1) Detroit went into the throes of a slump, with "I Am Suzanne," helped by "Artists and Models" on the Fox stage, the only big gross in town. The $22,400 total was $7,400 over average. "By Candlelight," "Dinner at Eight," "Dancing Lady," "Miss Fane's Baby Is Stolen" and a dual bill, "Bombay Mail" and "Jimmy and Sally," were all weak. Total first run business was $66,300. Normal is $77,000. Portland Takes to Duals Dual bills have a hold on the Port- land population. "Myrt and Marge" and "Women in His Life" piled up $7,000 at the Broadway and "After Tonight" and "Horse Play" hit $3,400 at Hamrick's Oriental, but other houses floundered around at par or below. "House on 56th St.," with $4,000, at Hamrick's Music Box, was the par house. "Miss Fane's Baby Is Stolen" and "Smoky," at the Para- mount, had a weak $4,000, and "Din- ner at Eight" dropped off to $4,600 in its third week at United Artists. San Francisco had a spotty week, with "Roman Scandals" the big draw in its fifth week at United Artists, where it took $3,500 in the final four days. "Beast of Borneo" enlivened the Strand with a $3,000 gross, and "Go- ing Hollywood" whooped things up a bit with $19,500 at the Warfield. "Maker of Men" and "Police Car No. 17," a dual bill, lifted the Fox to $11,- 000, but ticket sellers were calm else- where. "Meanest Gal in Town" took $13,000 at the Golden Gate with a vaudeville program, the Orpheum was dull with $6,000 on "Bombay Mail" and "His Double Life" and the Para- mount was away off with $8,500 on "House on 56th St." and "Should La- dies Behave?" "Lady" Big in Chicago "Gallant Lady" stirred up the Chi- cago United Artists staff with a $19,- 000 gross, topping average by $2,000, but business was off elsewhere, ex- cept at the State Lake, where "The Worst Woman in Paris." with Singin' Sam on the stage, made a profit at $16,000 with a 35-cent top. "Fugitive I. overs" got $35,000, helped by Harry Richman on the Chicago stage. "Convention City," with a stage show headed by Morton Downey, took big money in Kansas City, running the Mainstreet gross up to $19,500. "Fugitive Lovers" did a strong $10,- 500 at the Midland. "All of Me" reached par at the Newman with $6,000. In New York "Gallant Lady" took $31,930 at the Rivoli. "Massacre" garnered $18,659 at the Strand, "Fashions of 1934" took $17,309 at the Hollywood and "Cross Country Cruise" grossed $20,000 at the Roxy. 6 Feb. 28 New Deadline for Code Signing (Continued from page 1) local labor situation. Rosenblatt has not yet sent in his report on the mat- ter and until he does the unit is un- decided whether its members should submit compliances. Supreme Court Justice William T. Collins is reconsidering Local 306's suit against the I.T.O.A. for $1,000,- 000 in which the former charges the exhibitor organization with violating the code and that Allied M. P. Opera- tors is a company union. No perman- ent injunction has been granted in the case. It was to have come up for hearing yesterday, but was taken off the docket. Washington, Jan. 29. — Adminis- trator Hugh S. Johnson tonight or- dered the deadline for signing the code extended to Feb. 28. Code Board Lists To Be Set Feb. 8 (Continued from page 1) committee wound up late Saturday night when unanimous agreement was reached on personnel of the 28 boards selected. Holding up of the tentative names for the quartet of boards was due to doubts as to whether the men recom- mended would be able to handle local problems adequately. It was not a question of personalities, but rather a belief that the nominees could not function without assistance from New York. It was decided to put the mat- ter over for a few weeks so that a better check on the suggestions could be made. The Feb. 8 meeting will find tentative boards in all cities com- pleted. However, when the Code Authority meets to approve the selections, it can change the setups made by the com- mittee. This is not expected. It is expected secretaries will be announced Feb. 15. Selection of sec- retaries is being left to the local boards. It is held that the boards know the individuals best suited for the jobs. Secondly, any appointments for the 32 posts would most likely be followed by criticism in the field. The committee on rules and regu- lations for the 32 clearance and zoning boards will meet Feb. 8 to complete its report prior to the Code Authority meeting the following day. All rules must be approved by the authority be- fore becoming official. Code Authority Moves Temporary headquarters of the Code Authority have been moved from the 12th to 6th floor in the Paramount Bldg. Executive Secretary John C. Flinn and his staff move to the 23rd floor in the RKO Bldg. on Feb. 13. Herbel Not Candidate Chicago, Jan. 29. — Henry M. Her- bel, Universal branch manager, is understood to have asked that his name be withdrawn from the list of nominees for the grievance board. McAdoo to Entertain Washington, Jan. 29. — Senator William G. McAdoo will entertain film players here for the start of the "Moulin Rouge" tour at a luncheon Friday. The affair will be broadcast. A number of members of Congress are expected. /. S. Grauman Passes Milwaukee, Jan. 29. — J. S. Grau- man, 48, operator of four Wisconsin theatres and director of the Wiscon- sin M. P. T. O., died here yesterday. He had been in the film business for 20 years. A widow, three sons and his mother survive. Tuesday, January 30, Creditors Hit Tax Payments On Criterion (Continued from page 1) tees' plan. Milton Kramer, attorney! for the bank, described the petition as| a proposal to "pay $175,000 for al hope" that the Criterion property] would increase in value during the! next few months. He declared that the plan offered no explanation of how the $4,000,000 mortgage on the prop- erty would be paid when it comes due next year. A. A. Laporte, attorney for the! Paramount trustees, stated that under the plan interest on the mortgage! would be reduced from five to four per cent. He said that Paramount is now paying $2,000 a month rent onj the Criterion on a six months' lease and is sub-letting it at $1,000 a week. The property, he said, has been ap- praised by the city at $5,886,000 for 1934 tax assessment purposes, but de- clared that Paramount could not real- ize anything like that amount in the present real estate market, indicating that the plan contemplates retaining the property in hopes of an upturn in realty values. The sum of $160,000 interest on the! mortgage was defaulted in Dec, 1932, and only $40,000 has been paid on this since. City Bank-Farmers Trust, the mortgagor, has threatened immediate foreclosure of the property, which also includes Loew's New York, if the $175,000 tax payment is not author- ized, Laporte said. The referee authorized the payment of $2,794 for taxes and penalties on the Lenox Hotel property at 149 West 44th St., also held by Seneca, in order to avoid foreclosure. Paramount Resumes At Brooklyn House Paramount on Friday will again as- sume operation of the Paramount The- atre, Brooklyn which, since Sept. 1, has been operated by Mort Shea. Mary Pickford will head the opening stage show while the film will be "All of Me." Prices, at 55 cents evening top, will remain as is for the time be- ing. Bill Raynor has been retained as house manager and the theatre will operate under general supervision of Boris Morros. The Brooklyn theatre, which functioned on the same scheme as the Times Square house, thus will be handled out of New York. Re- ports that Paramount had re-acquisi- tion in mind have been current for weeks. Remaining Advisors At Para. Await Kohn The remaining members of Para- mount's new national theatre advisory board will not be named until addi- tional meetings with partners are held following return to New York of Ralph Kohn tomorrow. So far appointed are N. L. Nathan- son, representing Canada; Karl Hob- litzelle, representing the Southwest, and E. V. Richards, Jr., the South. NATURE SAVES HER GREATEST THRILLS FOR MOTION PICTURE DAILY Tuesday, January 30, 1934 Technicians Again Active in Academy Hollywood, Jan. 29. — Revival of what is described as a new period of activity in the Academy is planned through the technicians' branch, which, in a bulletin to members, promises a "comprehensive period of activity." Robert M. Haas has been appointed chairman of the art directors' section ; I. James Wilkinson of the film edi- tors' section ; George Barnes of the photographic section and Wesley C. Miller of the sound section. Sub-committees for the following have also been named : Award for Achievement in Art Di- rection : Max Parker, chairman Richard Day, Charles D. Hall, Ber nard Herzbrun, Fredric Hope and Van Nest Polglase. Award for Achievement in Cine matography : George Barnes, chair man; William Eglinton, George Fol- sey, Jr., Fred Gage, Fred Jackman, Virgil Miller and Karl Struss. Award for Achievement in Sound Recording : Douglas Shearer, chair- man; Carl Dreher, E. H. Hansen, Franklin Hansen, Nathan Levinson. John Livadary, Thomas Moulton and Theodore Soderberg. Board for Judges for the Scientific or Technical Award: Carl Dreher, chairman; George Barnes, Harris En- sign, Farcio Edouart, Robert Haas, Grover Laube, Louis Kolb and T. James Wilkinson. All Missouri Advertising Must Pay New Sales Tax New Theatre Union Contracts Sent Out (Continued from page 1) scheduled to have copies delivered to them by tonight. Circuits understood to have been contacted yesterday include Loew's. Skouras, RKO, Paramount, Rand- force, Springer & Cocalis and Lee Ochs. Actual wage scale negotiation? with the circuits are not expected to get under way for another week or two. The scales embodied in the con- tracts, asking $18 per week for ushers and $24 for other employees, will serve as the basis for the union's collective bargaining at that time, it was said. A meeting of the local is scheduled for late this week at which time Charles C. Levey, secretary-treasurer, will ask the members to grant him the power to call a strike at his discretion. Coast Independents Again Talk Merger (Continued from page 1) ducers and the Federation of the M. P. Industry. The first meeting was held last Monday night when Trem Carr and Sam Wolff were appointed as a temporary committee to handle what- ever problems would arise. The meeting tonight was held at the Alexander studio with Chadwick of- ficiating. Discuss K. C. Prices Kansas City, Mo., Jan. 29. — Jo- seph A. Cooper met in conference to- day with local exhibitors in a dis- cussion of stabilization of admission prices here. Independents decided to join Fox in a plan to induce Loew's to raise the price at the Midland, Cooper will present the proposal to E. A. Schiller in New York in two weeks. (Continued from page 1) they will add the amount of the tax to the bill. The first tax to be paid by the- atres on gross business, as well as other services taxed, will be due and payable Feb. 15. It will be on sales and services made during the last 15 days of January. Exhibitors will re- ceive tax returns early in February. Picture houses will absorb the tax, because no way can be found to pass it on. Returns to the state auditor must show the sales of tickets for the month. Over-payments may be credited to the amount due for the following month or months. If the tax for the month is not paid by the 15th of the following month, it bears interest at the rate of one-half of 1 per cent a month until paid. In addition, a pen- alty of 10 per cent of the tax is added for delinquency. If the tax is not paid by the end of the month after becoming delinquent, it is the duty of the attorney general to file suit to collect. Wilful making of a false return is classed as a misdemeanor and carries a penalty of a fine or jail sentence or both. Reduction of ad space by Fox Mid west and independent suburbans in the Kansas City Star, which they use ex clusively, is saving those theatres an estimated $4,000 a month. At the same time, a battle for dominance on the amusement page has been largely abandoned. Heretofore, exhibitors have spent lavishly to obtain position at top of the theatre listings. Also, for a long time, space of the smaller neighbor- hood houses on Sunday1 has equalled that of the large downtown first runs. Now, this is not so much in evidence. It is understood the exhibitors have an agreement to run smaller space. Recent efforts of the downtown first runs to obtain rate reductions from the Star have proved useless. Columbia's Chicago Sales Session Ends Chicago, Jan. 29.— Columbia field and home office sales executives have closed their two-day conference here after discussing the forthcoming product. Among those in attendance were: Abe Montague, general sales man- ager; Jerry Saffron, west coast di- vision manager; Max Roth, mid-west division manager, and Lou Weinberg, Lou Astor, J. W. McFarland and Joe McConville from New York. Also the following branch managers : Harry Taylor, Kansas City; Clarence Hill, St. Louis; Joe Levy, Des Moines; Frank Chapman, Omaha; Ben Mar- cus, Minneapolis; H. C. Chapman, Detroit; C. H. Shalit, Detroit; H. Bissell, Cleveland; A. Moritz. Cin- cinnati, and Marty Sullivan, Indian- apolis. Montague and Walter Immerman, of B. & K., stated that the relations between the two companies were the friendliest ever. Studio Labor Group Set Hollywood, Jan. 29.— Al Berris was named by Division Administrator Sol A._ Rosenblatt today chairman of a studio labor committee to handle all labor disputes and complaints in- volving the code. Others on tne com- mittee are Ed Smith, Dick Lestrange and Pat Casey. The body will have nower to render decisions for all labor groups except extras and creative branches, while unions coming under collective bargaining must submit their grievances to the regionaf labor board. Rosenblatt discussed with Ben Berinstein and a committee represent- ing the Southern California Indepen- dent Theatre Owners plans for es- tablishing local grievance and com- plaint boards, to be set up around Feb. 15. Child Sues Para, on "Sunday Afternoon" Richard Washburn Child yesterday filed suit in the Federal Court alleg- ing "One Sunday Afternoon," stage play subsequently filmed by Para- mount had been "stolen" from a short story of his called "The Avenger,'1 which the plaintiff says was first pub- lished in the Saturday Evening Post in 1919 and later incorporated in a volume of short stories under the title "The Velvet Black." Child seeks an injunction and an accounting to the tune of $1,000,000. The defendants include Paramount Prod., Inc., Paramount Dist. Corp. and Paramount Pictures Dist. Co., Inc. Louis Phillips of the Paramount legal department denied the allega- tions and declares one story does not infringe on the other. Expect Federal Aid For Educational Film Washington, Jan. 29.— Loans by the government to educational insti- tutions to finance the purchase of film equipment are expected shortly to be proposed to administration officials by the Bureau of Education of the De- partment of the Interior. The pro- posal is prompted bv the assertion of producers of educational films that it is useless turning out product be- cause few institutions are equipped to use it and the statements of pro- iector manufacturers that they can- not sell equipment because of a lack of pictures. Harlow, M-G-M Make Up Hollywood. Jan. 29.— Tean Harlow and M-G-M have settled their differ- ences amicably. Seidelman Winds Up Meeting in London London, Tan. 29. — Winding un a three-day sales convention of the Eng- lish sales force, Joseph H. Seidel- man. general sales manager for Co- lumbia, today told his men that busi- ness in England is on the upgrade and prospects for the new year are bright. Seidelman expects to visit all ex- changes on the Continent rather than call a central meeting: He is due to return to New York around March 15. (Continued from page 2) to some who are hiding their light si under political bushels. There yoi have a sort of fanciful idea about which probably nothing much can or will happen. More practical would be a gentle curtailment in schedule - on the theory better pictures will in duce longer theatre runs and so brin;_r about a market need for less prod-- uct. Some day, there will be a move- ment in this direction, we think. Whe- it comes, and the sooner the better, much of the junk now finding an out- let on celluloid will pass out of the picture. That would be a good thing, a constructive step, for the industry and the public. K A N N M-G-M Expected to Keep to 52 Mark (Continued from page 1) two series of shorts, both to be made by James J. FitzPatrick. One will be a series of 12 "Musical Romances" in one reel each. The other will be a new group of "Traveltalks," 12 strong and each a single reeler. This will mark the third appearance of this lat- ter series on the M-G-M roster. It is a foregone conclusion that Hal Roach will again furnish the backbone of the short subject program. Business Good in England — Laemmle (Continued from page 1) of the favorable exchange rate, accord- ing to Carl Laemmle and Carl Laem- mle, Jr., who passed through here to- day en route to New York. Carl, Jr., said he was undecided on whether to continue the trip to Europe. He will stop in New York for a time to see plays. Others in the party were Joe Weil, aide to Carl Laemmle : j Harry Zehner, Jack Rose, and Robert Harris, eastern story editor. See New Foreign Tax As Slight Film Aid Indications are that films will be benefited only incidentally, if at all, by current import and export policies of the Administration, foreign repre sentatives here believe. Recent moves by Washington to ob- tain liberalization of foreign restric- tions on American imports, which in- cluded authorization to the President to increase by as much as 50 per cent the taxes on foreign corporations and individuals doing business in this coun- try, whose home countries impose re- strictive taxes on American enterprises, are believed to be inspired by a desire to aid, first, American agricultural ex- ports. Films can only benefit, it is believed, in the event the Administra- tion's moves result in a general modi- fication abroad of quota laws. Playhouse Seeking More Jersey Houses Having taken over the management of the Garden, at Princeton, N. J., the Playhouse Operating Co. is after a number of additional New Jersey theatres. They have already made an offer to the operators of the Court, Somerville, and also to a few Newark exhibitors. The Leading .Newspaper ■%the Motion Picture Industry MOTION PICTURE DAILY Alert, Intelligent and ' ...«, faith fj| J Service to the Industry in All Branches OL. 35. NO. 26 NEW YORK, WEDNESDAY, JANUARY 31, 1934 TEN CENTS •Suit to Serve As Lesson for Code Bodies Teach Them Caution, NRA Men Believe Washington, Jan. 30. — Recovery dministration officials see in the New ork suit against the Code Authority n opportunity to impress upon all )de authorities the necessity of mov- ig carefully in the enforcement of odes. This attitude was seen today in the atement by General Hugh S. Johrt- m that in all suits against code au- lorities the Administration will study le circumstances carefully and will efend such officers only if convinced (Continued on fade 4) Hoast Independents Bolstering Ranks Hollywood. Jan. 30. — Forty-three idependent producers met last night 1 an attempt to establish a solid front ,-ith the Federation of the M. P. In- ustry in the east. Sam Woolf, legal advisor to the In- ependent M. P. Producers' Ass'n., Ad his listeners it would be foolish :>r them to set up a new organization fter the I.M.P.P.A. had spent con- iderable time and money in an effort (Continued on page 5) MR A to Hear Sirovich ittack Block Booking Washington, Jan. 30. — Representa- ve Sirovich of New York expects ext week to sit in at a conference on lock booking with Division Adminis- rator Sol A. Rosenblatt and other Recovery Administration officials, it /as revealed today by the congress- lan. The idea of the conference, Si- ovich said, is to see whether any (Continued on page 4) Rogers Predicts New Distribution Setup Formation of a new national dis- puting organization is in prospect, ccording to Budd Rogers, sales man- ger for Liberty Pictures, of which I. H. Hoffman is president. Rogers refuses to discuss the de- lils, but says distribution deals al- :ady made for eight Liberty releases, ■vo of which have been completed, ave been handled with this in mind. New Code Deadline Stirs Speculation About Boards "U" Planning At Least 14 Films Abroad Universal will produce a minimum of 14 features abroad next season, with prospects that the number may be in- creased following conferences here be- tween Carl Laemmle, Carl Laemmle, Jr., home office executives and Uni- versal's European representatives who arrived last night on the Aquitania. The Laemmles arrived from the coast earlier in the day. Present plans call for a minimum of eight pictures to be made in London and six in Paris. Max Friedland. European manager who headquarters in Paris, will be in charge of produc- tion. He may be assisted by a Lon- don production manager, choice of (Continued on page 5) Monogram Sets Deal On Australia Sales Ritchey Export Corp., Mono- gram's affiliate in the foreign distribu- tion field, has made an agreement with Al Aronson, former European mana- ger for M-G-M, and Max Ehren- reich, former manager for United Artists and Columbia in South Amer- ica, to handle Monogram product in Australia and New Zealand. They will set up their own organi- zation in Australia and handle Mono- gram exclusively. They leave for the coast today and will sail from San Francisco Feb. 7 on the Monterey. Bottoms Up At a showing of the "Devil Tiger" trailer at the Rialto, one of the balcony boys, when he saw the charming heroine swimming in the near-alto- gether, yelled : "Whoa, hold that tiger!" MPTOAMoves To Curb Some Radio Stunts The M. P. T. O. A. is taking up the cudgels against radio competition and will lead off within the next few weeks with direct appeals to 35 broad- casting stations to end certain prac- tices held by exhibitors to constitute unfair competition with theatres. If relief is not obtained from the 35 stations, M. P. T. O. A. will take its complaint to the Code Authority with (Continued on page 4) Rosenblatt Denies Salary Fixing Plan Hollywood, Jan. 30. — Division Ad- ministrator Sol A. Rosenblatt char- acterizes as "ridiculous" reports in a New York paper that he is out here to fix maximum salaries for players, directors and executives. His observations on the salary prob- lem will be submitted in a report to Washington, he says. NRA Lawyers Study Ruling On 10% Cancellation Clause Washington. Jan. 30. — Definite ruling on the 10 per cent cancellation clause of the code is being studied by the legal division of the Recovery Administration, it was learned todav. The ruling, to be issued probablv early next week, is expected merely to confirm the ruling of Division Ad- ministrator Sol A. Rosenblatt that the elimination privilege attaches to con- tracts entered into prior to the effec- tive date of the code. It is understood the desire for a ruling was expressed by the Code Authority, which found it had no forma! notification in its files with respect to this subject. So far as could be learned, Administration officials have no protests before them against application of the clause. Wonder How Choices Can Be Made Until All Have Signed In view of the extension to Feb. 28 for return of code assents, specula- tion existed yesterday in certain exhib- ition quarters as to whether clearance and zoning and grievance boards will be set up before March at the earliest. Reason for the delay is that al- though selections for 28 of the 32 boards have been decided upon, the authority has granted all parties until the end of February to send in com- pliances. With governmental approval already in hand, the belief is that names already selected will not be taken off the lists if assents of those recommended are not in by Feb. 9, the date set for final approval of the com- mittee's selections by the authority. The four remaining territories not yet set will be completed by Feb. 8, but whether official announcements of ap- pointments will be made at conclusion of the next authority session is a mat- ter of speculation. At the Code Authority the impres- sion prevails that the boards will be (Continued on page 4) Allied's Code Suit Delayed to Feb. 20 Because Division Administrator Sol A. Rosenblatt has not been served in the suit of the Congress Theatre, Newark, against the Code Authority, attorneys for both sides yesterday agreed to postpone the case until Feb. 20. Judge William Bondy in the U. S. District Court approved the delay. Rosenblatt, who returns from Holly- wood on Feb. 7 will study the case and will be defended by the Department of Justice. The authority feels the Code (Continued on page 4) Authority Refuses Boards for Jersey A petition from Allied of New Jer- sey for the setting up of clearance and zoning and grievance boards in south- ern Jersey has been denied by the Code Authority, the board ruling that the code provides all zones shall be restricted to the present setup. Allied also asked for a hearing be- fore a decision was reached and this likewise was denied on the ground (Continued on page 4) MOTION PICTURE DAILY Wednesday, January 31, 1934 MOTION PICTURE DAILY (Registered U. S. Patent Office) Vol. 35 January 31, 1934 No. 26 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 iork. 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. Clifford, manager; London Bureau: 6 Brookland Close, Hampstead Garden Suburb, Bernard Charman, Representative; Berlin Bureau: Berlin-Tem- pelhof, Kaiserin-Augustastrasse 28, Joachim K. Rutenberg, Representative; Paris Bu- reau: 19, Rue de la Cour-des-Noues, Pierre Autre, Representative; Rome Bureau: Viale Gorizia, Vittorio Malpassuti, Representative: Sydney Bureau: 102 Sussex Street, Cliff Holt, Representative; Mexico City Bureau: Apartadc 269, James Lockhart, Representa- tive; Glasgow Bureau: 86 Dundrennan Road, G. Holmes, Representative; Budapest Bureau: 11_ Olaaz Fasor 17, Endre Hevesi, Representative. 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. Zanft a Bankrupt John Zanft, former vice-president of Fox, has filed a petition in bankruptcy in the U. S. Court for the Southern District of New York. He lists lia- bilities of $244,216 and assets of $168,729. /. W. Hicks Sails Today John W. Hicks, vice-president of Paramount International Corp.. sails for Europe today on the Manhattan for a semi-annual survey of business in England and on the continent. He will be gone about seven weeks. Sally Eilers III Hollywood, Jan. 30.— Sally Eilers is temporarily out of the cast of "Three on a Honeymoon" at Fox due to illness. Morris Recuperating Sam E. Morris, Warner executive, is recuperating from an operation at the Sydenham Hospital. TICKET REGISTER CORP. TICKETS Standard Quality Tickets Lowest Market Prices Roll or Folded — Any Color Your Own Copy . . Attach Sample Service . . Courtesy . . Satisfaction Mail Us Your Next Order TICKET DIVISION CH. 4-6810-1 I 1600 BROADWAY NEW YORK CITY GEORGE MEAD, Gen. Mgr. U OLLYWOOD local sheets ■*■ are razzing Sol Rosenblatt for going social, particularly after the division administrator's advance word that parties were out and only business in. Rosen- blatt's defenders point out it is true he has been socializing, but gathering data as he played. . . . Theatre business, eyed through national optics, took a sickening nosedive Monday, circuit men re- ported ruefully yesterday. It was the weather. . . . Warners are negotiating with the Soviet for permission to film "British Agent" in Russia. Irving Asher, the company's production bigwig in London, is handling the par- leys. This would be the first straight piece of American enter- tainment to be made there since the Bolsheviks got into power. . . . New style cruise, invented by Al Lichtman yesterday in re- sponse to Hal Home's feeler about possibilities of a real one : "You go home early tonight and leave the rest to me. I'll have a guy with a hose sprinkle your windows. That's so you'll think you're at sea. You better lose a couple of shirts. All travelers do that. I'll get a couple of fel- lows to rock your bed. That's so you'll imagine you're at sea, too. And another fellow to tear the days off the calendar to make the time slip by. All of this with no worry about packing. What do you want with a cuise ?" fin- ished Lichtman. "My goodness," sighed Home, "I feel better al- ready." . . . T The inside on the new Harlow- Metro contract : Jean gets a $500 hike to a weekly total of $2,000. This arrangement holds until Oc- tober when the contract calls for another $500 and repeats, on the same basis, each year thereafter for three years. The blonde bombshell thus returns to the Culver City lot after a strike of 10 weeks. . . . Nice front Nat Karson designed for the engage- ment of "The Ghoul" at the Ri- alto. . . . A swell break for United Ar- tists was that cigarette-dangling photo of La . Sten which ran as unpaid, straight news copy in Saturday's World - Telegram while the same picture was car- ried in other New York dailies at theatrical advertising rates. . . . The Arthur Seigel who bought into the Ramsey, at Ramsey, N. J., with a former Skouras executive and denied the story, happens to be working for War- ners in Newark and also is A. W. Warner's stepson. . . . Smart press work, that story planted anew by someone on be- half of John Hay Whitney and Pioneer Pictures which proposes making pictures in Technicolor. The company and the yarn are some months old anew, but that didn't prevent the A. P. corre- spondent from forgetting the original and wiring about 700 words out of Hollywood yester- day. The afternoon dailies here went for it, too. . . . Jack Cohn's current coast visit is supposed to have a lot to do with Columbia releases and why there has been a lapse. . . . KANN Loew Trading Heavy on Big Board Net Columbia Pictures, vtc. Eastman Kodak Fox Film "A" , Loew's, Tnc Loew's. Inc., pfd M-G-M. pfd 22 Hrpheum. pfd Paramount, cts High Low Close Change Sales 2654 257^ 26 + 5* 900 <% m VA + ?* 200 1454 1354 14 1.300 905* 89 895*2 -154 2.700 16?X 16 1654 + 5* 15.100 29« 295* 295* - 54 26.100 8554 8554 8554 + 54 200 22 22 22 + 54 100 35* 2U 35* - 54 17.700 VA 25/2 2Y2 — 54 10.500 143^ 133* 135* - 1A 3.400 35* 3 3 4.400 754 7 7 9.000 Technicolor Lone Curb ssue Technicolor Hieh Low . 105* 1054 Net Close Change 1054 General Theatre Bonds U p One H''i?h Low Close General Theatre EquiDment 6s '40 654 63,* 654 General Theatre Equipment 6s '40. ctf 7 6 T.oew's 6s '41. ww deb rights 92 92 92 Paramount Broadwav 55*s '51 361* 365* 36T/S Paramount F. L. 6s '47 3754 355^ 35^ Paramount Publix 554s '50 3654 3654 3654 Pathe 7s '37. ww 88 87?* 88 PKO 6s '41. pp 25 25 25 Warner Bros. 6s '39, wd 5354 525^ 53J4 Net Chansre 4- V- +1 — 5* -m —1 + 54 Sales 500 Sales 14 1 Ji>&hliu0± CLARK GABLE and CLAU- DETTE COLBERT together for the first time in an intoxicating ro- mance, "It Happened One Night," which Frank Capra has made into one of the best ten of 193L Even now they are saying it's thc | perfect starring vehicle for JOHN I BARRYMORE! "20th Century," with Carole Lombard in Broad- I way's greatest comedy hit by Ben Hecht and Charles MacArthur. BARNUM & BAILEYHOO THIS BELL-RINGING SMASH! Give it all youve got. . . it will get you all you can take! Your showman's blood will tingle when you see this box-office clean-up . . . THE MOST THRILLING ANIMAL PICTURE EVER MADE . . . a-glitter with every possible selling angle. Book it and boost it for an S.R.O. sensation! Directed by CLYDE E. ELLIOTT director of BRING 'EM BACK ALIVE' Story by James O. Spearing Edited by Truman Talley THEY'LL NEVER FORGET THESE THRILLS: The lion . . . king of beasts . . . battle the tiger . . . monarch of the jungle . . . roaring, snarling, ferocious . . . vicious teeth rending living flesh in an unforgettable struggle for supremacy. Hundreds of mammoth Indian elephants in fear-crazed stampede . . . crashing giant trees . . . trampling human life . . . crushing every- thing before them. The crocodile and the tiger in a frenzied fight for life . . . lashing, whirling, churning the jungle waters into a deadly scarlet foam. The hero-explorer trapped in the relent- less, life-smothering coils of a 40-foot python . . . and his miraculous escape. The "Devil Tiger" himself . . . eyes like balls of fire . . . fangs as sharp as ice-picks . . . powerful, crafty, terror-inspiring . . . his black heart haunted by the Evil One himself . . . mad with the thirst for human blood. « These and a score of other sensational thrills . . . each more amazing than the last . . . actual sounds and scenes that will burn them- selves into your memory forever. MOTION PICTURE DAILY 4 Deadline Stirs Speculation About Boards (Continued from page 1) announced after the Feb. 9 session in- asmuch as most exhibitors want the 64 boards established as soon as possible. The longer the boards wait, the more delay there will be on grievances and formulation of new zoning schedules, it is pointed out. Further changes in the tentative set-up may be made be- fore final approval by the authority. More than 6,000 assents have been card-indexed already. Yesterday alone brought 300 from the field where the extension to Feb. 28 had not reached exhibitors. Allied's Code Suit Delayed to Feb. 20 (Continued from page 1) is a government agency and regula- tions provided in it were drawn by the legal department of the NRA. There- fore, the government should defend the suit, authority members declare. Although the general impression prevailed in authority quarters that papers filed Saturday was a second Allied suit, the fact is that Fred Her- rington of Pittsburgh and W. A. Steffes of Minneapolis presented affi- davits supporting the Congress action. Authority Refuses Boards for Jersey (Continued from page 1) that the code provisions do not permit the establishment of an extra zoning situation. The Allied petition was signed by 52 exhibitors from southern Jersey. As a result of the authority ruling, Allied says it plans to take other ac- tion. Discussion of the code was one of the principal topics up yesterday at the unit's regular meeting. It was de- cided to hold a beefsteak dinner to- morrow night at the Newark Athletic Club. Allied's lawsuit also was dis- cussed. Rosenblatt Answers Social Life Critics Hollywood, Jan. 30. — Division Ad- ministrator Sol A. Rosenblatt has taken notice of press criticism of his social activities by stating that each event has been more work than plea- sure, and each engagement has netted him direct information. He spent Saturday at Agua Caliente, with dinner at Marion Davies' home that night and at Louis B. Mayer's home Sunday night. He had a con- ference with I. E. Chadwick last night. Over 200 Grievance Complaints on File More than 200 grievances are now on file at Code Authority headquar- ters and will be forwarded to secre- taries of the 32 boards as soon as they are set up. All complaints are ac- knowledged by Executive Secretary John C. Flinn. Exit Explained Washington, Jan. 30.— Will Rogers, accompanied by his daughter, today visited Ad- ministrator Hugh S. Johnson. As he left Johnson's office, Rogers walked into a group of newspapermen waiting for a conference with the General. "I had to leave Hollywood because Rosenblatt got out there," he confided as he fought his way to the door. NRA to Hear Sirovich Attack Block Booking (Continued from page I) changes should be attempted in the copyright law to cover the subject of block booking. The invitation, he de- clared, came from Administrator Hugh S. Johnson, apparently as an outgrowth of the A. Lawrence Lowell matter, when the latter refused to serve on the Code Authority because block booking had not been outlawed. The congressman also revealed that he has been in correspondence with General Johnson about the protests of independents against the code and has himself protested against Rosenblatt, who was strongly defended by John- son as "fair, able and courageous." Sirovich within the next week or two also will go into conference with his colleagues on the question of in- vestigating the picture industry, for which he has pending a resolution. There is a strong demand in some quarters for an investigation, he said, and Representative Sabath of Illinois has been insistent that something be done about "corrupt practices" in the industry. Mary Pick ford Also Hits Block Booking Boston, Jan. 30. — In a message sent by Mary Pickford to Mrs. Frederick P. Bagley, who declined appointment to the Code Authority because of block booking practices, the star expressed herself as thoroughly in sympathy with the movement against block booking. "I am the grandmother of block booking. I have been working hard against it ever since 1915 and shall keep on working against it," Mrs. Bagley quotes the star as stating. Mrs. Bagley made the message pub- lic at a luncheon to members of the Massachusetts ; Civil- League, held at her home. N. O. Independents Protest to Johnson New Orleans, Jan. 30 — Elimi- nation of giveaways has hit business in subsequent houses to such an ex- tent that a group of independents have sent complaints to Administrator Hugh S. Johnson, charging that United Theatres is getting first choice pictures and 60 days' clearance with- out being compelled to charge higher scales than the subsequent runs. Independents say they charge the same scales as United, but are com- pelled to wait so long for pictures that their value is gone. The latter is an outgrowth of a two-day meeting of Allied. Suit to Serve As Lesson for Code Bodies {Continued from page 1) the actions complained of are in strict conformity with the provisions of the code. Any code authority which ex- ceeds its powers or abuses its posi- tion and gets into legal difficulties will be left to fight its way out as best it can, it was indicated. In the case of the film suit, however, it is expected the government will de- tend the code and Division Adminis- trator Sol A. Rosenblatt in such a way as also to defend the other mem- bers of the Code Authority. No for- mal decision has been reached with re- spect to the matter, which General Johnson said had not yet come to his attention, but there is a general opin- ion that the authority in this particu- lar instance will be protected, particu- larly in view of Johnson's well known antipathy to half-way assents to codes. Vaude Code Demands Up for Talks Today Changes in the film code sought by vaudeville interests will be discussed today at a public hearing before the committee appointed by R. H. Coch- rane recently. The session starts at 2 P.M. at the Astor. The special committee will study whatever changes are suggested and submit its findings to the Code Au- thority at the Feb. 9 session. Major Leslie J. Thompson and Jo- seph Bernhard will represent J. L. Lubin, Arthur Willy, William Ha- vard, Harry Kalcheim, Stephen Trill- ing, Sidney Piermont and Charles Freeman. Jack Partington, Sam Dem- bow and George Skouras will repre- sent Chester Hale, Frank Cambria, Russell Markert, Florence Rogge, Leon Leonidoff, Boris Morros, Jesse Kay and Arthur Knorr. Marty For- kins will act for Irving Yates and C. B. Maddock. Louis K. Sidney will serve for Dorothy Bryant, Joe Laurie, Jr., Arthur Fisher, Fally Marcus, William Lastvogel, Arthur Lyons, Morris Rose and Norman Manwar- ing. Rosenblatt Avoids Coast IATSE Fight Hollywood, Jan. 30. — Division Ad- ministrator Sol A. Rosenblatt does not intend ti take up the I.A.T.S.E. juris- dictional squabble while here, he said yesterday. It would do no good, he said, as the problem is one for the Re- gional Labor Board to decide. Rosenblatt explained today that the extra committee which he named last week will have the same power as the studio labor board. Among the administrator's callers yesterday was Don Gledhill, Academy secretary, who furnished data concern- ing the Academy's activities. Rosen- blatt visited the Central Casting Bureau today and will address the Wampas Thursday, after which he will attend the President's birthday party as Marie Dressler's guest. Wednesday, January 31, 193 MPTOAMoves To Curb Some Radio Stunts (Continued from page 1) a request that the Code Authority c the radio indust-y be asked to intei vene. The M. P. T. O. A. action is bein taken as a result of nationwide repor , solicited from its membership on rad; j broadcasting practices believed by e) hibitors to constitute unfair compet | tion with theatres. The reports, no being compiled here, reveal "ruinous competitive practices by broadcastir. stations in some cities, according 1 , Ed Kuykendall, M. P. T. O. A. presl dent. Many exhibitors reported that spoil sors of radio programs hand out thoi sands of passes to broadcasts to pe sons who would otherwise attend thi atres. Numerous instances of theatn I and halls being rented for broadcas and audiences admitted without charf I were also reported, Kuykendall sai j many of which constituted unfair con petition "in the sense of any NR. code." The legitimate theatre Code Autho ity recently protested against the pra< tice of NBC and CBS in admitting ai diences without charge to dramat broadcasts staged in New York thi atres leased by the broadcasting sy terns for the purpose. It propose ! that the film Code Authority join wil it in protesting the practice to ti1 radio Code Authority. Action on tl proposal is expected to be taken t the Code Authority at its next mee ing. Classifying Extras Is Started on Coas Hollywood, Jan. 30. — The task c reclassifying extras began today wil . the selection of Larry Steers, an e) tra ; Phil Friedman, Fox caster, ar Mabel Kinney, industrial welfare con missioner, as a committee to hand the job. Headquarters have been establishes for receiving extras' complaints in tl former library of the Academy. Con plaints now in the hands of the Ri gional Labor Board are to be tran ferred to the committee by order ( : Division Administrator Sol A. Rosei blatt. Sub-committees are to be named fc | various tasks. To end alleged favoritism in exti ranks the extras' code committee t< ! day asked all studios and the Centn1 Casting Agency to submit daily lis of all such players working. This I the first action to be taken by tl body in its inquiry into allegatioi studios were hiring friends and rel; tives and so keeping bona fide extr; j out of work. Bill Pine Due Shortly Bill Pine arrives from the coa within the next week or two on a sp< cial call from Robert Gillham. Pii will spend four months a year in tl east and the balance in the west. H eastern visits will last from three I four weeks at a time. ;dnesday. January 31, 1934 MOTION PICTURE DAILY 5 Variety Club Chatter U" Planning \t Least 14 Films Abroad (Continued from page 1) kom is dependent upon the current iiterences. Friedland's arrival last fctit, accompanied by Fritz Keller, liversal's Paris manager, relieves lemmle, Jr., of the necessity of mak- j the European trip he had planned ginally. In addition to the confer- ees here on European production ins he will view current Broadway lys and confer on plans for Uni- -sal's next year's schedule. Laemmle, Jr., replied to queries con- -ning published reports that he hi Id be married to a Virginia Yahl- i of New York, now said to be ;ationing in Miami, with the ques- n, "Who is she?" Story conferences on next season's Dgram will include in addition to j Laemmles, R. H. Cochrane, P. D. •chrane. J. R. Grainger, Charles B. ine and Robert Harris, eastern fry editor. Harris is due in from • coast today. In the Laemmle party arriving yes- day were Joe Weil, Laemmle's as- tant; lack Ross, secretary; Harry nner, Laemmle, Jr.'s assistant, and aurice Fleckles. The Laemmles ex- :t to remain here about 10 days or o weeks, returning directly to the ast. loast Independents Bolstering Ranks (.Continued from page 1) organize independents. It was reed that this would be the organi- tion to stand by. As a result, a com- ttee will meet Thursday night in an ort to get all factions to agree on me kind of a joint program, so that en the smallest operator can join._ The initiation fee at present is $250 th dues at $25 monthly. A p|an der discussion would tax members 0 for each negative reel and 10 its for each positive print delivered exchanges. It is figured this would t the organization approximately 5,000 annually. Once the producers here are com- itely organized they will discuss af- iation with the Federation of the M. Industry, but will insist upon local tonomy. Trem Carr emphasized the portance of a solid front. He said de problems would demand a strong ganization. t. E. Chadwick's plea for a new or- nization and merging with the Fed- ation met little encouragement. Toronto House Burns Toronto, Jan. 30. — Canada's big- st theatre fire in three years today 'ept the Danforth, a Famous Play- 5 house, doing $30,000 damage. The use of the fire, which occurred when one was in the structure, is un- own. hea House Escapes Fire Buffalo, Jan. 30. — Fire which ined the Shea's Seneca theatre build- causing $50,000 damage did not mage the fireproof theatre proper all. The fire broke out after the eatre had closed for the night. Columbus, Jan. 30. — Bill Cun- ningham, genial dramatic critic of the Columbus Citizen, just flew in from his annual vacation in New York. Claims he covered 10 legitimate shows, three pictures in seven days, besides trying every cocktail parlor on Broadway. Also had an opportunity of being with Milt Caniff and George Tucker, two charter members of the Columbus Club, now making good with the Associated Press in New York. Jack Trisch, owner of Station WSEN and a director in the club, is vacationing in Florida. Ditto Robert Barman. Mrs. Jacob Tarshish, wife of Rab- bi Tarshish, featured speaker over WLW and chaplain of the Columbus Club, was operated on in White Cross Hospital. Condition slowly improving. Father P. C. Corbett, chaplain of the club, is on leave of absence in Houston, for a much needed rest. Olsen and Johnson and Joe Grif- fifth, company manager, were elected to associate membership and Ole, not wanting to be outdone, had prepared a beautiful scroll with photos and sketching of the two boys, to adorn the walls of the club. St. Louis, Jan. 30. — Lou Ellman got the thrill of his life when he bid and made a grand slam. Joe Garrison was his partner. The regular monthly meeting will be held Feb. 4. Barker Cullen Espy in Chicago to catch some shows. Wilmington, Jan. 30. — Lyle Tren- chard has been named manager of the Wilmington district, Philadelphia Zone of Stanley-Warner. The district in- cludes Wilmington, Del., Chester, Pa., West Chester, Pa., Upper Darby, Pa., and a number of other houses in Dela- ware and Chester Counties in Penn- sylvania. Trenchard returns to this district after an absence of many years. He was one of the first district man- agers for this section. Trenchard succeeds Jack Flynn, who has been named assistant to Leonard Schlessinger, manager of the Phila- delphia Zone. Delay Quittner Rule Decision was reserved by U. S. Dis- trict Court Judge Francis G. Caffey yesterday on a motion to permit con- solidation of the record for the appeal of the Edward Quittner anti-trust ac- tion against Paramount and major producer-distributors. The court gave Graham & Reynolds, counsel for Quittner, and attorneys for the de- fendants 10 days in which to file addi- tional briefs. Cheese Club Fetes Five Gene Raymond, Walter Connolly, Nat Spingold, Donald Novis and Richard Fisher were guests at the Cheese club yesterday. Ben Atwell presided in the absence of Harry Hershfield: Eddie Rosecan and Tony Matreci are heavy gymnasium addicts. Both boys out to take off a few pounds. Tuesday is Ladies' Day at club quar- ters. Mrs. Harold Evans and Mrs. George Tyson served as hostesses for the first two luncheons with Mrs. Ben Reingold officiating at the third. Jack Haley and Olsen and John- son to be guests of honor at an im- promptu "stag" at the club Feb. 5. Freddy Saigh has become the club's outstanding "hearts" enthusiast. Joe Garrison, of Universal, is in charge of the pocket billiard tourna- ment now being conducted. Judy Poynter, of the, Missouri, is director of the ping-pong tournament. Final eliminations next week. Johnny Baker, Missouri manager, escorted Helen Comrton around town during feminine band leaders' stay here. Joe Feld has received a new nick- name, "Mortal Cinch." Gene Kemper, manager of the closed Grand Central, has been so- journing in the "sticks" with Henry Ford's picture. During the past three months he has covered over 2,500 miles in Illinois, Kentucky and Mis- souri. Bobby Meeker, orchestra leader and his band, have left the Jefferson for Memphis. Alvin Wolff is in Pittsburgh to aid in the organization of the National Variety Club. Bell Sound Device Demonstrated Again Members and guests of the Society of M. P. Engineers heard a second demonstration of sound in "auditory perspective" last night at the Engi- neering Societies Building. It included reproductions of both speech and music, with Dr. Harvey Fletcher, phy- sical research director of the Bell Telephone Laboratories, in charge. A demonstration was given several days ago at the same place. The Bell laboratories have been working on the system for many months. Last year music of the Philadelphia Symphony Orchestra was reproduced in both Washington and Philadelphia. It is claimed to be the first repro- duction with complete tonal range and exact values. Tamara Ampa Guest Tamara, singer in "Roberta," will be one of the guests at the Ampa meeting tomorrow. Tess Michaels of U. A. will preside for the fan maga- zine crowd. Hynes Goes to Denver Bernard Hynes, formerly in charge of personnel for RKO, has gone to Denver to manage the Orpheum and Denver for Harry Huffman. Go West Tomorrow Dr. A. H. Giannini, Joseph M. Schenck and A. Lichtman are sched- uled to go west tomorrow. 4 Purely Personal ► CHESTER MORRIS, recovered from a recent attack of influenza, wires that he will arrive from Holly- wood Saturday prepared to begin work in Chester Erskine's "Frankie and Johnny," slated to go into pro- duction at the Biograph studio soon. Jerry Safron, Columbia's west coast division manager, hopped into New York from that Chicago sales meeting and left for the coast by the airline last night. That gave him ex- actly one day in New York. Eddie Dowling will be master of ceremonies at the fifth annual dance of the Press Photographers Ass'n of New York Friday. Assistant M. C.'s : Rudy Vallee, Julius Tannen and Jack Benny. Grand Duchess Marie Pavlovna has been signed by Paramount to act as technical advisor on "Thirty Day Princess," a B. P. Schulberg produc- tion. She will leave for the coast on Feb. 6. Carl Laemmle, who arrived from the coast for 10 days of conferences here before returning to Hollywood, will observe the 50th anniversary of his arrival in America on Feb. 14. Mort Blumenstock, Warner the- atre executive, is back from a trip to Cleveland, Pittsburgh, Washington and Philadelphia. Jack Hays, producer of Education- al's "Baby Burlesque" series, arrived from Hollywood yesterday for a brief vacation visit. Joe Lee recently sat next to Janet Gaynor in the Fox projection room when he saw "Carolina" and was he thrilled? Simon Fabian, co-receiver for Fox Metropolitan Playhouses, has returned from Miami, where he has been vaca- tioning. Madeleine Carroll, under contract to Fox, arrived from a European trip on the lie de France yesterday. I. A. Maas, assistant foreign man- ager for Fox, has left for a trip to Mexico and Central America. Harry M. Thomas, president of First Division Exchanges, has gone to Florida for a short vacation. Al Friedlander, general sales man- ager for First Division, is back from a tour of exchanges. Robert Hurel, head of the French film syndicate, arrived yesterday on the He de France. Hal LeRoy is due in today from the coast. He will attend the premiere of "Wonder Bar." Willtam Fitelson, film attorney, sails for England Saturday on a bus- iness trip. Gertrude Neisen, radio singer, has been signed for a fourth Vitaphone short. J. Robert Rubin is up Syracuse way. Lyle Trenchard Back In Old Stanley Job MOTION PICTURE DAILY Wednesday, January 31, Design" Is Twin Cities' Top, $16,000 Minneapolis, Jan. 30. — "Design for Living" easily led grosses in both Twin Cities this week, doing $9,000 at the Minnesota in Mineapolis and $7,000 in the smaller Paramount at St. Paul. "Dinner at Eight," shifted from the Minnesota to the Minneapolis State for its second Loop week, held up for a good $6,000. Minneapolis grosses totalled $25,700 in five theatres and those in St. Paul went $18,150 to averages of $22,100 and $16,000, respectively. Estimated takings : Week Ending Jan. 18: "KENNEL MURDER CASE" (Warners) LYRIC— (1,238), 20c-25c, 7 days. Gross: $1,700. (Average, $1,500) "DESIGN FOR LIVING" (Para.) MINNESOTA— (4,000), 25c-40c, 7 days. Gross: $9,000. (Average, $7,500) Week Ending Jan. 19: "IF I WERE FREE" (Radio) RKO ORPHEUM— (2,900), 20c-40c, 7 days. Kate Smith in person. Gross: $6,000. (Av- erage, $5,500) "DINNER AT EIGHT" (M-G-M) STATE— (2,300), 25c-40c, 7 days. Gross: $6,000. (Average, $5,500) "WALTZ TIME" (Gaumont-British) WORLD— (400), 25c-75c, 7 days. Gross: $3,000. (Average, $2,000) Estimated takings for the week end- ing Jan. 19 : "DESIGN FOR LIVING" (Para.) PARAMOUNT— (2,300), 25c-40c, 7 days. Gross: $7,000. (Average, $5,500) "I AM SUZANNE" (Fox) RIVIERA— (1,200), 25c-40c, 3 days. Gross: $1,750. (Average for week. $3,500) "SHOULD LADIES BEHAVE?" (M-G-M) RIVIERA— (1,200) „25c-40c, 4 days. Gross: $1,750. (Average for week, $3,500) "COUNSELLOR AT LAW" (Univ.) RKO ORPHEUM— (2,600), 20c-40c, 7 days. Gross: $4,500. (Average, $4,000) "BLOOD MONEY" (U. A.) TOWER— (1,000), 15c-25c, 3 days. Gross: $850. (Average, $800) "CRADLE SONG" (Para.) TOWER— (1,000). 15c-25c, 4 days. Gross: $850. (Average, $700.) "I WAS A SPY" (Fox) WORLD— (300), 25c-75c, 7 days. Gross: $1,500. (Average, $1,500) "Dinner" a $9,000 Hit in Des Moines Des Moines, Jan. 30. — The Des Moines, playing "Dinner at Eight" all week to packed houses set a new 1934 mark for other first runs here to shoot at, grossing $9,000, a cool $3,000 above average. S. R. O. signs, particularly at late matinees, were in constant use. The Paramount did well, doing $1,000 above average on the dual bill, "The Prizefighter and the Lady" and "Berkeley Square." Total take for the week was $30,- 500, compared with an average of $24,500. Estimated takings for the week end- ing Jan. 13 : "THE PRIZEFIGHTER AND THE LADY" (M-G-M) "BERKELEY SQUARE" (Fox) PARAMOUNT — (2,300), 10c-35c-50c, 7 days. Gross: $8,000. (Average, $7,000.) "THE BOWERY" (U.A.) STRAND— (1,900), 10c-25c-35c, 7 days. Gross: $4,500. (Average, $4,000.) "MAN'S CASTLE" (Radio) ORPHEUM— (2,200), 10c-25c-35c, 7 days. Gross: $5,000. (Average, $4,500.) "BROADWAY THRU A KEYHOLE" (U.A.) GARDEN — (1,300) , 10c-25c-35c, 7 days. Gross: $4,000. (Average, $3,500.) "DINNER AT EIGHT" (M-G-M) DES MOINES— (2,200), 10c-35c-50c, 7 davs. Gross: $9,000. (Average, $6,000.) Boston Gives $20,000 Take To "Fugitive' Boston, Jan. 30. — Fair business was reported for the week, although totals were below the past three or four weeks. Keith's, with "Man's Castle," was up $3,000, while the Metropolitan, with "Miss Fane's Baby Is Stolen," was up $3,500, but the latter had the assistance of Cab Calloway's Cotton Club Orchestra to maintain totals. Total first run business for the week was $109,000. Average is $95,000. Estimated takings for the week end- ing Jan. 18 : "LET'S FALL IN LOVE" (Col.) BOSTON— (2,900), 25c-50c, 7 days. Bert Lahr and vaudeville. Gross: $20,000. (Av- erage, $16,000) "EIGHT GIRLS IN A BOAT" (Para.) "OLSEN'S BIG MOMENT" (Fox) FENWAY— (1,800), 30c-50c, 7 days. Gross: $9,000. (Average, $9,000) "MAN'S CASTLE" (Col.) KEITH'S— (3,500), 30c-50c, 7 days. Gross: $19,000. (Average, $16,000) "FUGITIVE LOVERS" (M-G-M) LOEWS STATE— (3,700), 35c-50c, 7 days. Vaudeville. Gross: $20,000. (Average, $16,- 000) "MISS FANE'S BABY IS STOLEN" (Para.) METROPOLITAN— (4,350), 30c-65c, 7 days. Cab Calloway's Cotton Club revue. Gross: $31,500. (Average, $28,000) "EIGHT GIRLS IN A BOAT" (Para.) "OLSEN'S BIG MOMENT" (Fox) PARAMOUNT— (1,800), 30c-50c, 7 days. Gross: $9,500. (Average, $9,000) Fox Switches a Title Hollywood, Jan. 30. — Final release title on Fox's "Disillusion," featuring John Boles and Rosemary Ames, is "I Believed in You." Nice and Quiet Two exhibitors discussing a third's purchase of a theatre didn't regard the buy a smart move. After going into some de- tail on the policy, one of the duo chirped: "The house does a nice, quiet business." "Counsellor" Gets $19,700, Detroit Detroit, Jan. 30. — "Counsellor At Law" was the only first-run to get over par last week, netting $19,700 at the Fox, aided by a stage show. The Michigan was second with "Eigtjt Girls in a Boat" and Duke Ellingtoji's revue on the stage. Total for the week was $60,100, against an average of $77,000 and $63,300 the previous week. Estimated takings for the week end- ing Jan. 18 : "FLYING DOWN TO RIO" (Radio) DOWNTOWN— (2.750), 15c-40c, 7 days, 2nd week. Gross: $6,100. (Average, $10,- 000) "ROMAN SCANDALS" (U. A.) FISHER— (2.975), 15c-40c, 7 days, 3rd week. Gross: $5,200. (Average, $10,000) "COUNSELLOR AT LAW" (Univ.) FOX— (5,100), 15c-50c, 7 days. Stage: Milton Berle, Jack Whiting, Owen McGiv- ney. Gross: $19,700. (Average, $15,000) "EIGHT GIRLS IN A BOAT" (Para.) MICHIGAN— (4.100), 15c-50c, 7 days. Stage: Duke Ellington revue. Gross: $16,- 500. (Average, $20,000) "DINNER AT EIGHT" (M-G-M) UNITED ARTISTS— (2,070), 25c-50c. 7 days. Gross: $8,500. (Average, $10,000) "FROM HEADQUARTERS" (Warners) STATE— (3,000), 15c-50c, 7 days. Stage: Ann Pritchard & Co., Senator Murphy, Ross & Aycrs. Gross: $4,100. (Average, $12,000) Dirge of the Salesman Know Your Man I had just left the manager's office In my ears his sales talk was ringin'. And being quite new — I knew I'd be thru If some contracts I quickly didn't bring in. Ambition and vigor just filled me, For selling was really my hobby; And maybe that's why — with a glint in my eye I sauntered right into the lobby. "Good evening, my dear sir," I warbled, "My pictures will sure be a riot. For the kind that I've got — are the best of the lot And there's none who will try to deny it." I raved 'bout our wonderful product, 'Bout our marvelous sure-fire lineup. And by the way he would smile — I knew in a while That he'd be quite easy to sign up. When I put down the various prices, He nodded in sweet approbation. And it seemed he confessed — that he was impressed Our pictures would be a sensation. So I cheerfully pulled out a contract, But imagine my terrible sorrow When then I was told — by the man I thought sold "That the boss won't be in till tomorrow." Just try to imagine my feelings, I felt just as cheap as a quarter. For the man who had yessed — by now you'll have guessed Turned out to be only a porter. — By Jack Ellis of the New York RKO Exchange on whose head the blame rests. Philadelphia Gives Cantoi Huge $33,00* Philadelphia, Jan. 30. — Eddie C tor was the big noise last week, ting an amazing $33,000 with his p sonal appearance at the Earle in o junction with "Bombay Mail" on screen. He eclipsed his own reo of a year ago when he played dur New Year holiday week. "Alice in Wonderland" pulled matinees at its second run at the cadia to tilt the gross to $3,c "Little Women" ended strongly its third week (including two exj days) with $14,000. "Convent City" topped average at the Stanlj Total first run business was $f~ Average is $30,600. Estimated takings for the week e ing Jan. 17 : "ROMAN SCANDALS" (U.A.) ALDINE— (1,300), 40d-55c-65c, 4 dsj 4th week. Gross: $4,000. (Average, 6 4 , $7,000.) "ALICE IN WONDERLAND" (Par I (2nd run) ARCADIA — (6Q0), 25o-40c-50c, 6 da Gross: $3,800. (Average, $2,400.) "LITTLE WOMEN" (Radio) BOYD— (2,000), 40c-55c-65c, 8 days, week. Gross: $14,000 (Average 6 d $12,000.) "BOMBAY MAIL" (Univ.) EARLE— (2,000), 40c-55c-65c, 6 4 Stage: Eddie Cantor. Gross: $33, (Average, 512,000.) "ORIENT EXPRESS" (Fox) FOX— (3,000), 30c-40c-65c, 6 days. Su Donald Novis, Bert Nagle and Tivoli G Miller Brothers, Johnny Lee. Gr> $15,000. (Average, $16,000.) "BY CANDLELIGHT" (Univ.) KARLTON— (1,000), 30c-40c-50c, 6 4. 2nd week. Gross: $3,200. (Average, $3,5 "MR. SKITCH" (Fox) (2nd run) KEITH'S— (2,000), 25c-35c-40c, 6 4 Stage: Yvette Rugel. Gross: $7rl (Average, $7,000.) "FLYING DOWN TO RIO" (Radio; STANLEY— (3,700), 40c-55c-65c, 6 4 Gross: $11,000. (Average, $12,000.) "CONVENTION CITY" (F.N.) STANTON— (1,700), 30c-40c-55c, 6 4 Gross: $7,500. (Average, $7,000.) "Scandals" Pulls $13,800, Buffa Buffalo, Jan. 30. — "Roman Sc dais" did the town's business at $5, above normal and was held over, total was $13,800. "Going Hollywood" died in Buffalo, despite its eighth annivers ballyhoo. "Hot Chocolates" was sponsible for the Hipp's $2,000 o^ age, the picture, "Blood Money," { ting only derision from audiences. Total first run take was $53, f Average is $49,500. Estimated takings for the week e ing Jan. 19 : "GOING HOLLYWOOD" (M-G-M) BUFFALO— (3,500), 30c-55c, 7 4, Stage: Alice Joy, Radio Rubes, Hue Wonders, Melissa Mason, Ray Huling Seal. Gross: $13,500. (Average. $15,00C "THE WORLD CHANGES" (F.N.) "GIRL WITHOUT A ROOM" (Para CENTURY— (3,000), 25c, 7 days. Gr $7,000. (Average, $6,000.) "ROMAN SCANDALS" (U.A.) GREAT LAKES— (3,000), 25c-40c, 7 4 Gross: $13,800. (Average. $8,500.) "BLOOD MONEY" (U.A.) HIPPODROME— (2,100), 25c-40c, 7 d Stage: "Connie's Hot Chocolates of 19 with LeRoy Smith & Orchestra. Peg Bates, Avis Andrews, Baby Cox, L« Seven Trio. The Gobs. Gross: $12 (Average. $10,000.) "ABOVE THE CLOUDS" (Col.) LAFAYETTE— (3,300), 25c-35c, 7 d Stage: Frank Conville & Sunny E Large & Morgner, Four Little Neph< Barney Grant, Lorraine Ryan. Gr $7,500. (Average, $10,000.) dnesday, January 31, 1934 MOTION PICTURE DAILY eed Court Approval For St. Louis Deal t. Loi'is, Jan. 30. — Court ap- >al is the only thins lacking tor completion of the F. & M. deal for |ng over the Fox from the re- .iers, Edmund Koeln and J. T. Blair. ■ opposition is expected. i anticipation of the approval F. ivl. has transferred Harry Singer Denver and it is expected Harrv ■enman will manage the house. ,at the stage policy will be remains be decided. 'nder the terms of the deal F. & M. pay $1,350 a week for rent, taxes reinsurance and all the operating lenses, and will split any profit 50- t. Louis, Jan. 30. — Thornton W. rgent, Jr., at one time publicity ector for the Skouras Super Thea- s Corp., has filed suit in Circuit urt demanding a distribution of >,000 belonging to the Skouras Em- yes' Mutual Aid Ass'n. ["he money was raised, the petition tes, by contributions and assess- nts and a 10 per cent charge on all Ulliam L. Busby Dead Iape Girardeau, Mo., Jan. 30. — lliam L. Busby, president of the sby Poster Advertising Co., of incy, 111., was found dead here at Marquette Hotel. He was on his y to Miami with his brother. \t one time Busby was partner in Busby Brothers Theatrical Co., ners of a string of about 30 houses. \ M. Beyer Shoots Self Kansas City, Jan. 30. — W. M. yer, 71 years old, owner of the yer Theatre at Excelsior Springs, x, committed suicide by shooting nself in a hotel room here. The :atre is under lease to Fox Mid- st. teny Raft-M-G-M Rift Hollywood, Jan. 30. — Reports that irry Raft would quit M-G-M are nied with the statement that he is out to start three new features and working under a new contract ;ned six months ago. Looking 'Em Over "He" (First Division) Spicy, wholly French in spirit. The film gets its humor by taking virtue for a kidding. For grown-ups and sophisticates it is fun of the first order. The story, based on a tale by de Maupassant, is intriguing and off the beaten path. A French town, unable to find a maiden pure enough to crown as "Queen of Virtue" at its annual rose festival, is forced to fall back upon a village bumpkin, whom it designates "King of Virtue." During a feast in his honor, the lad, filled with wine, wanders off to Paris, there to lose his chastity in a frowsy dance hall. The whole village turns out to find him. The boy returns of himself, but he no longer is found to act like the timid boy he used to be. The cast does good work. Fernandel (first name he has none for acting purposes) gives a fine performance as the boy. Others who are especially good are Colette Darfeuil and Francoise Rosay. Bernard Deschamps directed intelligently. The film has been dubbed very well. Its musical score, by Michael Levine, is commendable. "Curtain at Eight" (Majestic) For a mystery "Curtain at Eight" rates no better than so-so. This is a pity, for it has a cast that, judging from past performances, ought to put any film in the category of good entertainment — that is, with the proper material to work with. To boost this production it will be necessary to plug the players more than anything else. Not much can be said for the story, from the pen of Octavus Roy Cohen. Among the players are Dorothy Mackaill, Paul Cavanaugh, Hale Hamilton, Jack Mulhall, Sam Hardy, Natalie Moorhead, Russell Hopton, C. Aubrey Smith and Marion Shilling. The picture is slow in getting under way and a little dull, and the recording does not help it along any. A gay Lothario of a matinee idol seduces the sister of an actress in his company. At a backstage party in his honor he is shot to death in a moment while the stage is in darkness. This and that person is suspected. Even a trained chimp is under suspicion. The chief sleuth fastens the guilt on the chimp, but his assistant, although he knows Miss Mackaill killed the actor to avenge her sister's suicide, never puts him wise and allows the young woman to go unmolested, feeling that the seducer deserved what he got. E. Mason Hopper directed with little distinction. MOTION PICTURE DAILY* HOLLYWOOD PREVIEW "It Happened One Night" (Columbia) Hollywood, Jan. 30. — Clark Gable and Claudette Colbert in "It Happened One Night" play romance studded with laughter, making swell, human entertainment which should clean up at anybody's box-office. Gable registers all his rough and ready romantic flair, adding a new comedy wrinkle to top off the love stuff in grand style. The story spins around a chance meeting of Gable with Miss Colbert in a night bus. As a reporter just fired and an heiress escaping from a stubborn dad to marry a society rake for spite, their personalities do not click at first, but warm up gradually. Discovering who the girl is, Gable, torn between his romantic inclinations and his reportorial duty, decides in favor of his duty. At an auto camp, he contrives by means of a blanket, which he calls "The Walls of Jericho," to be separated from her. Romantic incident, comedy predominating, interlaces the plot, cli- maxing in Miss Colbert's running out on the rake at the height of the marriage ceremony to locate Gable. Big, sustained laughs are the hitch-hiking sequence and the wow finish of Gable, with a trumpet, blowing down "The Walls of Jericho," all unseen. Frank Capra's skilfull and intelligent direction puts box-office values foremost. Robert Riskin's screen play is smart and exciting. The members of the supporting cast are all good. The production seems headed to go places with audiences and do things for showmen. Dubinsky Discusses Wages in St. Louis St. Louis, Jan. 30. — Ed Dubinsky conferred here today with the Re- gional Labor Board and William El- liott of the I.A.T.S.E The board's decision was not announced. Dubinsky returned last week from Washington with the announcement that he had been given a clean bill of health and cleared of code violation charges on the ground that his union contract expired Dec. 1 and the code was not signed until Dec. 7. Cincy Has Only 121 Sound Houses Dark Cincinnati, Jan. 30. — Out of 1,346 houses, with a total seating capacity of 527,724 in the Cincinnati trade ter- ritory, there are only 121 sound houses closed, while 521 silents are shuttered. The Film Board of Trade records show 195 circuit-controlled houses in the territory. Of these, 69 are pro- ducer-affiliated, and 126 unaffiliated. Issue "Fashions" Book Warners have turned out a striking pressbook on "Fashions of 1934," 17 in. x 11 in., bound in a blue cover ornamented with silhouette designs, and sent out in an envelope to match. Inside are 42 pages in black and white, with reproductions of the New York reviews to start off. S. Charles Ein- feld's staff has included a serial, a full page Sunday feature mat, a large 10-page advertising insert, 12 pages of exploitation tieups, and a radio broad- cast script. Embassy vs. Pathe Arguments were heard by U. S. District Court Judge William Bondy yesterday on an action brought by Embassy Pictures to restrain Pathe from interfering with Embassy's dis- tribution of Harold Lloyd reissues, and on a counter action brought against Embassy by Pathe. Decision was reserved by the court. what explanations! what surprises! what revela- tions! H0TELAST0R Feb. 8th -9th Dog Teams used in many cities! Showmanship gets packed houses for M-G-M's "ESKIMO" WANTED! 5000 DOG TEAMS! Photos from every- where tell the most amazing exploita- tion story in 10 years! They're all in the press book with full details! Eskimo" is the showman's delight! Roll up your sleeves and watch the dough roll in! Not sincl "Trader Horn" have show- men got such pro- motion results! Get the Giant Campaign Book. It's a pleasure to promote ! M-G-M's ESKIMO The Leading Daily ^ Newspaper >f the Motion Picture ndustry MOTION PICTURE DAILY Alert, Intelligent and Faithful Service to the Industry in All Branches 35. NO. 27 NEW YORK, THURSDAY, FEBRUARY 1, 1934 TEN CENTS dministiator Authority Has 870 Names ells Dangers )f Censorship ess Agents Hear How They Can Help Out 3LLYWOOD. Jan. 31. — Opposition to rnmental censorship of picture' an assertion that press agents 1 be a vital factor in warding off cism of the industry because of sex and Questionable advertising lods highlighted Division Admin- tor Sol A. Rosenblatt's first pub- peech here vesterday. It was de- ed to the Wampas. irlier in the day Rosenblatt had ed the system of the Central Cast- (Continued on Page 9) vy to Meet ITO A \bout Radio Sales les Levy, general sales manager 1KO, has consented to meet with ibers of the I. T. O. A. in an ef- to settle differences on the com- • sales program. le meeting will be held tomorrow he Astor and it is expected the against the producer-distributor be lifted by the local exhibitor nization. Harry Brandt, who has (.Continued on page 12) ?w Saenger Plan Now Nearly Ready ew Orleans. Jan. 31. — A plan of ganization which will bring about •nd of the bankruptcy of Saenger itres without a public sale of the pany's assets is nearing comple- here. he most stubborn obstacle in the of completion of the plan has i an adjustment of a $2,300,000 1 issue which would be satisfac- (Continued on page 10) & M. Pact O. K.'d By St. Louis Court r. Louis, Jan. 31. — After a slight lge in the contract made at the re- it of the court, approval of the F. I. deal for the Fox has been given. change was made by Harry C. hur by telegraph from Xew York, .arry Greenman is managing the se. policy of which will continue a double feature basis until an cement is reached by subsequent first run theatres to drop twin For 352 Code Board Posts Here Are Names from Which Appointments Will Be Made -Personnel of clearance and zoning and griez'ancc boards, as well as secretaries, is being drazvn from the following official list, cor- rected as to spelling by Motion Picture Daily correspondents throughout the United States: Albany — Jack Beck, Wm. E. Benton, C. H. Buckley, Victor Bunz, C. G. Eastman. Henry Frieder. R. C. Hallipan. Jane Hal- loran, D. J. Harrington, Harry Hellman, Charles Johnson. M. J. Kallet. Maurice Kronick. Lou Lazar, Bernie Mills. William Raynor, Jacob Rosenthal. Tony Ryan. Nate Sauber, Morris Shulman, Morris Silverman, William C. Smalley. Ray Smith, A. Stone, Charles Wilson. Atlanta — \V. W. Anderson. Sherwood L. Astin. Louis Bach. A. C. Bromberg, John T. Mangham, Jr.. Willis J. Davis. John Evans. John Ezell, Alpha Fowler, George E. Fuller, J. W. Hanlon. Love B. Harrell, M. C. Howard. Charles Hughes. William K. Jenkins, L. D. Joel. Ike Katz, Lionel H. Keene. O. C. Lam, Roy LeCraw. Albert G. Maxwell. Ernest Morrison, Sam Moscow, W. T. Murray. Dave Prince. Capt. James A. Rebb, Mrs. Alonzo Richardson, Adolph Samuels, Ralph Smith. W. Burton Smith, Tonv Sudekem. George W. West. Fred Weis, R. B. Wilby, Mitchell Wolfson. Boston — Edward Ansin, Tom H. Bailey, Joseph M. Brennan. Merton Carr, J. M. Casey, R. C. Cropper. John A. Dervin, (Continued on page 8) The Future of Sound Bared To Engineers By J. M. JERAULD What lies in the future of sound re- production can be guessed in a vague way following a demonstration of the elaborate apparatus developed by Dr. Harvey Fletcher, physical research director of the Bell Telephone Labo- ratories. Erpi foresees the ultimate in sound — perfection in other words — with no resort to sound effects, with voices following characters around on the (Continued on page 2) Allied Seeks Borah's Help In Code Fight Washington', Jan. 31. — In a move, perhaps the first of others to come, Allied today sought to take its fight on the code into Congress when Abram F. Myers wired its protest to Senator Borah of Idaho. The tele- gram was inserted in the Congression- al Record. Speaking for the board of directors, Myers' wire invited the senator's at- tention "to a device resorted to by Code Authority for the motion picture (Continued on page 8) Kohn O.K. 's Partners; Para. Tags on Creditors ? Films Paramount's bankers who partici- pated in the 1932 refinancing plan which resulted in the assignment of film negatives to Film Productions Corp. to secure Paramount's $13,- 200,000 credit, became nervous when the company went into receivership a year ago and asked that all negative (Continued on page 9) Paramount theatre operations under field partnerships are working smooth- ly and with a high degree of satis- faction for both the home office and the operating partners, Ralph A. Kohn, theatre department head, said yesterday on his return from a two weeks' trip which included meetings (Continued on page 9) Canvass by M. P. Daily Corrects Names and Ends Duplicates With recommendations for clearance and zoning and grievance boards be- fore the selection committee and 28 of 32 zones tentatively set up for ap- proval of the Code Authority, exactly 870 names were suggested from all parts of the country for the 352 posts. Because of the illegibility and, in many- cases, inaccuracy in names submitted, AIotion Picture Daily has just com- pleted an official canvass for correct spellings. All correspondents of this publication assisted in reyising the lists submitted by the authority. The Code Authority has admitted from time to time that it is not respon- sible for the spellings, and in many in- stances, because of errors, duplications were released for publication. How- ever, the fault lay with the men mak- ing the suggestions since a majority of names were in long hand and difficult to decipher. Motion Picture Daily, in cooperation with the au- thority, brought its field forces into (Continued on page 9) Johnston, Yamins, O'Reilly Signed Up Reports in circulation for the last few days that the three independent members of the Code Authority had not signed assent forms are denied by all parties. Nathan Yamins yes- terday answered AIotion Picture Daily's query, stating he sent in com- pliances for all his New England nouses two weeks ago. W. Ray Johnston, president of Monogram, said he had signed the assent forms as did Charles L. O'Reilly, president of the T. O. C. C. Burkey Suit Ended By K.C. Agreement Kansas City, Jan. 31. — The anti- trust suit of Walter O. Burkey, former exhibitor, against 14 distributors and the Film Board of Trade has been (Continued on page 12) New Fox Met Setup Will Come Up Soon Reorganization plans for Fox Met- ropolitan Playhouses are imminent and may be completed before hearing of (Continued on page 10) MOTION PICTURE DAILY Thursday, February I, 19, MOTION PICTURE DAILY (Registered U. S. Patent Office) Vol. 35 February 1, 1934 No. 27 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- CAGO AN. Hollywood Bureau: Postal Union Life Building, Vine and Yucca Streets, Victor M. Shapiro, Manager; Chicago Bureau: 407 South Dearborn Street, Edwin S. Clifford, manager; London Bureau: 6 Brookland Close, Hampstead Garden Suburb, Bernard Charman, Representative; Berlin Bureau: Berlin-Tem- pelhof, Kaiserin-Augustastrasse 28, Joachim K. Rutenberg, Representative; Paris Bu- reau: 19, Rue de la Cour-des-Noues, Pierre Autre, Representative; Rome Bureau: Viale Gorizia, Vittorio Malpassuti, Representative: Sydney Bureau: 102 Sussex Street, Cliff Holt, Representative; Mexico City Bureau: Apartadc 269, James Lockhart, Representa- tive; Glasgow Bureau: 86 _ Dundrennan Road, G. Holmes, Representative: Budapest Bureau: 11 Olaaz Fasor 17, Endre Hevesi, Representative. 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. Ayer Gets Heir Last night, at precisely 8 :44, Fred Ayer, of the Motion Picture Herald staff, stepped into the realm of parent- hood, via a daughter born to Mrs. Ayer at the Flushing Hospital. So ex- cited was the father, he forgot to men- tion the weight, but mother and child are very well. Zukor to Return Soon Hollywood, Jan. 31. — Adolph Zukor plans to leave here for New York Thursday night, concluding a two weeks' visit at the Paramount studio. Discussions of next season's produc- tion schedule held during his visit point to maintenance of the company's customary program of 60 features. Graham on Cruise London, Jan. 31. — John C. Graham, general representative for Paramount in England, is in the West Indies on a cruise that will keep him away from London for eight weeks. standard L^"* TICKET REGISTER CORP. Will Repair and Rebuild Any Make Ticket Register Good as New — Mechanically Perfect — Not to Exceed $10.00 Per Unit Twelve Months' Guarantee Expert Factory Mechanics SERVICE DEPARTMENT CHickering 4-6810-1 1 1600 BROADWAY NEW YORK GEORGE MEAD, General Manager The Future of Sound Bared To Engineers (Continued from page 1) screen, right to left, approaching or departing ; with musical effects modu- lated to suit the fancy of a director at the mixing panel of any theatre ; with defects corrected after the orig- inal recording at the studio. Musical experts have already argued about the perfection of the results. A non-technical listener is more apt to gasp, and then applaud, as a dem- onstration proceeds. An audience made up of members and guests of the Society of M. P. Engineers did both. One lusty en- thusiast whistled. All the sounds — gasps, hand-clapping and whistle — were recorded by an indicator on the side of the screen in the Engineering Societies Building the other night. It is called "auditory perspective." For purposes of two recent demonstra- tions at the Engineering Societies Building the telephone company has rigged up three loud speakers behind the stage curtain, with a mixing panel in the balcony, an orchestra and sing- er on the fifth floor some distance away, and operators in a projection booth. All are connected with a mi- crophone on the speaker's desk to the left of the stage. Some of the sounds are reproduced from records. All the others came from the orchestra and a woman solo- ist. By means of the three loud speak- ers, each of which is equipped to re- produce frequencies from around 32 to over 15.000 per second. Dr. Fletcher explained that some ears couldn't hear sounds over 15,000 frequencies. This listener was one of them. An illuminated chart with a mov- ing line indicated the progress of one sound from a deep bass that rumbled like an enormous pipe organ up to a thin wail that sounded like the rising note of a siren. Then he ran the sound up and down from 32 to 40 on the chart. Windows rattled, seats shook with pretty much the effect of a bar- ber shop vibrator on the spine, and the walls boomed. Dr. Fletcher ex- plained that the exact resonance of ] any room or auditorium could be measured with this instrument. Then he reproduced the effect of a man sawing wood on the right of the stage until a board fell with a flop, and what seemed to be a car- penter's voice came from the other side of the stage telling what to do with it. A third voice responded from the back of the stage. A pistol shot exploded on the left of the stage and the bell of a target "pinged" on the right. In another demonstration a sym- phony orchestra played a Wagnerian selection. This came from the fifth floor. Dr. Fletcher then said the man at the mixing panel in the balcony would modify it to suit himself. An illuminated chart showed what sound frequencies were being blocked out. At will the dial operator made the bass notes loud or soft, or brought the stringed instruments in in full vol- ume, or muted the brass instruments. The most astonishing feature of it was the illusion that the bass notes were coming from the left of the stage, the strings from the center and the brasses from the right, with the drums in the rear. In another demonstration a band was brought in softly from the right, as though approaching from a distance. The volume increased to a full-bodied . mass rhythm, as though a parade were passing, and decreased gradually to the left of the stage as though it had passed. This suggests the possibility that small theatres desiring full symphony orchestras could buy them by wire from a de luxe house and reproduce them to suit the fancy of their own musical directors. Dr. Fletcher said that Leopold Stokowski had already suggested that opera could be pro- duced with good-looking young play- ers doing it in pantomime and the singers backstage or at some distant point. Voices could follow the silent players about the stage. Dr. Fletcher made no predictions as to the future possibilities. He simply suggested them. What it would cost to manufacture the equipment on a quantity basis remains to be discov- ered. How many of these varied ef- fects can be applied to theatres and show a profit is something for cost experts to decide, but it is obvious that sound in theatres still has a long way to go, and that shrewd showmen looking for novelties can find them. Stocks Recede on Big Board Net High Low Close Change Columbia Pictures, vtc 25% 24% 25 —1 Consolidated Film Industries 4% 4% 4% — % Consolidated Film Industries, pfd 14 13J4 13% — % Eastman Kodak 90% 89 89% — % Fox Film "A" 16% 15% 15% — % Loew's, Inc 29% 2854 28% — % Paramount, cts 3 2% 3 — % Pathe Exchange 2% 2% 2*4 Pathe Exchange "A" 133/1 1246 13 —34 RKO 3 2% 3 Warner Bros 7% 6% 6% — % Technicolor Down y± on Curb Net High Low Close Change Sentry Safety Control 5/16 5/16 5/16 Technicolor 10% 9% 9% — % Loew Bonds Advance 1% Net High Low Close Change General Theatre Equipment 6s '40 654 6% 6% — % General Theatre Equipment 6s '40, ctf 6% 6% 6% — % Loew's 6s '41, ww deb rights 93% 92 93% +1% Paramount Broadway 5%s '51 36% 36 36% + % Paramount F. L. 6s '47 36 36 36 — % Paramount Publix 5%s '50 3754 36% 36% — % Pathe 7s '37, ww 88 88 88 Warner Bros. 6s '39, wd 54 52% 52% — 54 Sales 1.000 500 900 1.500 3.100 12.200 6.500 6.800 2,500 2.800 7.400 Sales 400 500 Sales 14 4 Purely Personal ARM AND DEXIS leaves Hollywood Sunday and on Feb' will meet his wife, Leila Roosw Denis, who concludes an around-t world "flivver" trip at San Franci . on that date. Bert Sanford acted as toastma at an Erpi Club dinner last night members of the team that won M. P. Baseball League pennant. M. J. Weisfeldt has moved offices from 927 Seventh Ave. tc Fifth Ave. Halsey Raines is vacationing the south. Nat Spingold plans to leave fc| Miami vacation on Saturday. Gene Raymond expects to gc| Miami at the end of the week f( | rest. Phil Goldstone is in from • coast and leaves on a European i; shortly. Al Jolson gets in this morning the Century. Larry Schwartz of Paramct Paris office is in town for a vis "Angel" Heads List Of "B. O. Champioi "I'm No Angel" heads Motion ture Herald's list of 13 "Box-C Champions" for 1933. The select are based on 8,000 bookings in 157 theatres during the calendar year The other 12 selections fol "Cavalcade," Fox; "Gold Digger 1933," Warners; "Little Won Radio : "42nd Street," Wan "Tugboat Annie," M-G-M ; "Be I Tonight." released by Unive "State Fair," Fox ; "Girls in form," German release by Krimsl Cochrane ; "Rasputin and the press," M-G-M ; "Animal Kingd Radio ; "The Kid from Spain," uel Goldwyn ; "The Private Lil Henry VIII," London Films, rel< by United Artists. Honorable mention was given Match King." First National ; "Di at Eight." M-G-M : "Sign of Cross." Paramount; "Sailor Good." Radio ; "The Bowery," U Artists, and "Lady for a Day," Cc bia. Now in 'Preparation "THE LOST JUNGLE' A 12-Episode Serial with CLYDE BEAT T Entire Hagenbeck-Wallace Circus of Wild Animals MASCOT PICTURES COR 1776 BROADWAY NEW YORK. N. BROS. STARS n crease Statistics show that these famous faces sell magazines just as surely as they sell tickets. That's why eight leading fan magazines came to Warner Bros, for the covers of their current issues! The acid proof that Warners lead in star strength is the fact that these names are THE BIG NEWS ON EVERY NEWSSTAND TODAY- Kay Francis Leslie Howard Paul Muni Barbara Stanwyck Ruby Keeler Joan Blondell Jean Muir \ Adolphe Menjou Mary Astor George Brent Genevieve Tobin Frank McHugh Lyle Talbot Hugh Herbert Claire Dodd Robert Barrat Gordon Westcott Alfred E. Green Lloyd Bacon Archie Mayo William Keighley Arthur Greville Collins John F. Dillon Joe E. Brown William Powell Ruth Chatterton Richard Barthelmess Dick Powell Aline McMahon red <£P layers Ann Dvorak Patricia Ellis Margaret Lindsay Guy Kibbee Arthur Hohl Philip Faversham Donald Woods Paul Kaye Hobart Cavanaugh Philip Reed Mervyn LeRoy Michael Curtiz Busby Berkeley Robert Florey Stanley Logan Daniel Reed G. W. Pabst James Cagney Edward G. Robinson Al Jolson Bette Davis Ricardo Cortez Warren William Hal LeRoy Pat O'Brien Glenda Farrell Ruth Donnelly Veree Teasdale Kathryn Sergava Allen Jenkins Marjorie Lytell Enrico Caruso, Jr. Theodore Newton Henry O'Neill Frank Borzage William Dieterle Raymond Enright Murray Roth Frank McDonald Tay Garnett MOTION PICTURE DAILY 8 Names from Which Boards Will Be Picked {Continued from page 1) William H. Erbb, Edward J. Farrell, Edward M. Fay, Martha W. Ferris. John J. Ford, George A. Giles. M. M. Jeffrey, Joseph M. Levenson, Max L. Levenson, Walter B. Littlefield, Francis J. Lydon, Thomas J. Meehan, Maxwell G. Mellincoff, Victor J. Morris, Martin J. Mullin, J. J. McGuiness, Tim O'Toole, Franklin F. Plimpton, George E. Ramsdell, Herman Rifkin, A. D. Rudenstein, Philip Smith, Ralph Snyder, Al Somerby. Harold Stone- man, Stanley Summer, Martin Tuohey, Maurice N. Wolf, Nathan Yamins. Buffalo— Emma C. Abplanalp, Nicholas J. Basil, Jack L. Berkowitz. Phil Cadoret, W. H. Cadoret, M. E. Comerford, Dr. Peter C. Cornell, Ralph Crabill, Nikitas D. Dip- son, Harry T. Dixon, Albert A. Fenyvessy, Chester Fenyvessy, Milton Guggenheimer, Thomas J. Hanrahan, A. Charles Hayman, James W. Holden, Byron Inderbitzen, G. IN. King, Ned Kornblike, Stanley Kozenowski, R. P. Merriman, Jules H. Michael, Dave Miller, Vincent R. McFaul, John Osborne, E, K. O'Shea, Erwin Price. Sol Raives, John Reed, J. A. Reid, Kenneth G. Robin- son, Svdney Samson, Willis Sargent, Henry Seilheimer, J. Meyer Schine, Leon Shafer, E. William Tiskoff. Charlotte— Samuel W. Craver, H. H. Everett, Ira Furman. J. J. Grady, Murphy Gregg, Mrs. Walter Griffith, E. L. Hearne, M. S. Hill, R. J. Ingram. H. F. Kincey, J. F. Kirby, T. A. Little. Charles W. Picquet, Mrs. Kenneth Richardson, J. E. Simpson, L. C. Sipe, Albert Sottille, Mrs. Marian Wrenn. J. E. Everett whose name is on file at Code Authority from Char- lotte is unknown to film men in that city and surrounding territory. Chicago— Emma C. Abplanalp, Ben Bartel- stein, James Coston, Andrew Cuser, John Dittman, Phil Dunas, Henri Ellman, Harry Foster, James Fushanes, J. Goldberg, Ed- ward Grossman, E. W. Haferkamp, Henry Herbel, Walter Immerman, John J. Jones, B. N. Judell, Verne Langdon. Benjamin Lasker, I. W. Mandel, Alex Manta, Felix Mendelsohn, Jack Miller. Jack Osserman, Mrs. Florence Paley, Charles Regan, Lou Reinheimer, Jack Rose, Jules Rubens. M. Rubin, Aaron Saperstein. S. Schlaes, S. H. Selig. Edwin Silverman, Simon Simansky, Nathan Wolf, V. U. Young. Cincinnati — Harold Bernstein. William Chesborough, Charles Fine. W. A. Finney, Andy Hettesheimer. Frank W. Huss, Jr., Stanley Jacques, William Keyes, H. O. Krent, Paul Krieger. S. D. Lee. I. Libson, Sam Lind, R. E. Mevers, Allen Moritz. Floyd D. Morrow, J. Real Xeth. William Onie, J. Meyer Schine. Elmer Shard, Willis Vance. Maurice White. Prof. E. V. Hollis whose name is on file at Code Authority from Cin- cinnati is unknown to film men in that city and surrounding territory. Cleveland — A. J. Constant. H. C. Bissell, Charles Burton, F. D. Drew. P. E. Essick, M. S. Fines, E. C. FJanigon, A. M. Good- man, Henry Greenberger, Herb Greenblatt, Frank Gross, Paul Gusdanovic, J. Him- melein, Nat Holt, M. B. Horowitz. John D. Kalafat, Maurice Kaplan, John Kumler, Nat Lefton, Mrs. Georgia Moffett, M. A. Mooney, Dan Robins, J. Meyer Schine, I. J. Schmertz, Julius Schwartz, Martin G. Smith, Jerry Steele, Nat Wolf. Columbus — Max Stearn. Dallas — I. B. Adelman, Eph Charninsky. H. H. Cluck, Don C. Douglas, O. A. Engle- brecht, Claude Ezell. Rubin Frels, S. G. Howell, P. K. Johnson. B. Legg. Leon Lewis, A. W. Lilly, Leamon Marshall. Bob Mclllheran, R. J. O'Donnell, Laura Rob- erts, Raymond Willie. Edward Rowley, Paul Scott, L. C. Tidball. William Shields, W. G. Underwood, Roy L. Walker. Denver— Joe H. Ashby. Wayne Ball. Earl Bell. Duke W. Dunbar. Burns Ellison, L. J. Finske. Henry A. Friedel. H. A. Goodridge, Louis Hellborn. P. H. Hoppen. H. E. Huff- man, James R. Keitz, Earl Kerr. Jack Langan. Harry Marcus. J. H. Morrison, Rick Ricketson, Ed Schulte. Des Moines — John Anderson, W. E. Ban- ford, Tom Brown, Ralph Branton. Hale Cavanagh, Jake Cohen. R. M. Copeland, A. J. Diebold. Wayne Dutton, E. D. Ells- worth, Abe Frankel. Grace Gannon. Julius Geertz. Harry Hiersteiner. Joe Levy. Wes- ley Mansfield, Lester F. Martin, Verne McLucas, Leone Matthews. S. J. Mayer. G. L. Niles, Louis Patz. F. R. Puffer, N. C. Rice, Frank D. Rube], Don Thornley. E. J. Tilton, Joe Weaver, George Wieg- man, H. M. Weinberg, Leo Wolcott. Detroit— Priscilla Ackerman, E. C. Beatty, C. R. Beecher, Otto W. Bolle, Ray Branch, Sam Brown. Harvey Campbell. S. K. Decker. Fred DeLodder, Joe Dennison, J. E, Flynn, William Hurlbut, David Idzal, E. S. Kinney, Ed Kirchner, Charles Komer. William London. Audrey Littell, Lester Matt, W. S. McLaren, Louise Miller, James Minter, Fred North, Robert Peltier, James C. Ritter. J. L. Saxe. Alex Schreiber, Sam Seplowin, Carl H. Shalit, P. M. Sprott, Harlan Starr. Lester Sturm, Roy Taylor, Dow Thompson, George W. Trendle. George Wilbur, Lew Wisper, Henry Zapp. Indianapolis — R. R. Bair, Arthur Bennett, Ace Berry, W. J. Bradley, Henry Burton, Frank Carey, Kenneth Collins, Earl Cun- ningham. Walter Easley. Oscar Fine, Jack Flex. James Fushaneas. Ross Garver, L. B. Goulden, J. Goldberg. I. M. Halperin, Roy Harrold, George Heliotes, Arthur Howard, Marian M. Hull, Helen Keeler, Alex Manta, M. Marcus, Harry Markun, Louis Markun, L. W. Marriott, M. Mazur, Ernest Miller, Sam W. Neall, Charles Olson, Maurice Rubin. F. B. Saunders, Robert Scherer, Morty Solomon, H. P. Vonderschmitt, U. V. Young, A. C. Zaring. Kansas City — Mrs. A. Baier, A. F. Baker, George Baker, William Benjamin, Earl Blackman, Arthur Cole, Ed Dubinsky, F. C. Hensler, W. J. Kubitzki. Lawrence Leh- man, Harry McClure, John McManus, C. L. McVey. Jay Means. June Medcalf, Fred Meyn, Elmer Rhoden, Roy Roberts. Clar- ence Schultz, Ward Scott. Harry Taylor, T. R. Thompson, William Truog, William Warner, E. E. Webber, Ray M. Wilson, Robert Withers. Robert V. Machbank whose name is on file at ' Code Authority from Kansas City is unknown to film men in that city and surrounding territory. Little Rock — James Augustine. J. M. Ensor. L. F. Haven, R. V. McGinnis, W. M. McGinnis, W. M. Reeves, James Rogers, T. W. Sharp, W. E. Sipe. Los Angeles — Harry C. Arthur, Sr., Mil- ton B. Arthur, Ben Berinstein, George Bromley, Lester J. Fountain, Robert Gum- biner, Lou Halper. George Hanes, Harry Hicks, Joe Leo. Lou Metzger, Jake Mil- stein, Al J. O'Keefe, Carrol Peacock, Ray Peterson, Floyd Rice. John Redmond. Wil- liam Riter, Russell Rogers, Arnold Schaak, H. J. Siler. Howard Stub- bins, Jack Sullivan, Hobart Swan, Robert D. Whitson, W. W. Wimquist. Memphis — Jack Arnold. Page Baker, T. A. Ballas. Harry Cohan, Cecil Cupp, John Eaton. W. B. Fulton, L. F. Haven, M. A. Lightman. Jimmv Rogers, Bill Ruffin, T. W. Sharp. W. E. Sipe. A. J. Suzore. W. S. Tyson. Cecil Vogel. Howard Waugh. T. F. Willingham. Paul Wilson, T. W. Young. Paul Zerilla. Milwaukee — John P. Adler. W. L. Ains- worth, R. J. Baldwin. B. K. Fischer. George Fischer. H. J. Fitzgerald. J. G. Frackman, J. S. Grauman. R. S. Guiterman, A. C. Gutenberg. John Honthaner. Ben Koenig. A. D. Kvool, George L. Levine, F. J. Mc Williams, Ed Maertz. Fred S. Meyer, J. E. O'Toole. Harry Perlewitz. Thomas E. Saxe. A. N. Schmitz. Sam Shurman, W. Silcock. R. T. Smith. Martin Thomas, L. F. Thurwachter. C. W. Trampe. Charles Washicheck. W. E. Weinshenker. D. E. Weshner. Jack Yeo. Minneapolis — Al Anson. Bennie Berger, Sidney Blackmore. Leo Blank. Ben Blotcky, Frank C. Buckley. Mabel M. Dietz. Everett Dilley. James Donahue. W. R. Frank, John J. Friedl. Joseph Friedman. William Glaser, L. E. Goldhammer. Henry Greene. Fred V. Holzapfel. A. A. Kaplan. O. A. Lee, Jack Lorentz. Frank Manske. H. O. Mugridge, Roy McMinn. Gilbert Xathanson. C. O. Roeder. Eddie Ruben. L. Rubenstein, Al Steffes. J. Stern. Frank Woskie. New Haven — Leo Bonoff. William J. Brennan. R. W. Cobe. George Cruzen. Jack Fishman. B. E. Hoffman. I. J. Hoffman, Morris Jacobson. Adolph Johnson, Martin Kelleher, Edward G. Levy, Arthur Lock- wood. Albert Pickus. Leo Ricci. Louis M. Sagal. J. L. Shulman, Prof. Wesley A. Sturges. Kathryn T. Sullivan. Samuel Weiss. New Orleans — Joseph Akins. J. Alsino, J. Barcelona. Maurice F. Barr, C. J. Briant, J. J. Brown, L. S. Conner. J. Dicharry, Houston Duvall. G. R. Frank. George Fuller. F. S. Goodrow, I. J. Harrelson. Mrs. J. B. Heinie. Miss E. Junqua. Bert- rand Kiern, Henrv Lazarus. Harry McLeod. E. V. Richards. W. J. Salles. Leo Seich- schnaydre. W. S. Shields. Rodney Toups. New York— Arthur Abeles, Leo Abrams, Harry C. Arthur, Jr., Jack Bellman. Louis F. Blumenthal. L. Bolognino. Harry Brandt, Leo Brecher. Maurice Brown, Julius Char- now, Irving Dollinger. Fred W. Faulkner, Harry Friedman. J. Louis Geller. Reuben L. Haas. Jack Hattem, Harry K. Hecht, Leo Justin. T. C. Kroesen. William A. Landau. David M. Loew, Arthur L. Mayer, Charles Moses, C. C. Moskowitz. F. Thomas Murray, Lee Newbury. Lee A. Ochs. Harry Pear, Hyman Racbmil. Walter Reade. Sam Rinzler. Leon Rosenblatt, I. A. Roth, Ed- ward Rugoff. Sidney E. Samuelson. Rudolph Sanders. Sol Saphire. Edward Schnitzer, A. H. Schwartz, William Scully, Joseph Seider. Harry ShifTman. Lillian Silver, George Skouras. Fred Small, William Small, David Snaper. Charles Steiner, Jack Stein- man. Harry Thomas. Thomas J. Valentino, Joseph Vergesslich, Robert Wolff, Harmon Yaffa. Oklahoma City — H. J. Buchanan. Sam Caporal, R. M. Clark. Sol Davis, Orville Enloe, P. R. Isley, E. G. Kadane, M. Lowenstein, A. B. Momand. W. P. Morgan, Pat McGee. R. I. Payne, Fred Pickrel, L. F. Stocker. Ralph Talbot, Charles R. Zears, W. B. Zoellner. Omaha— Morgan C. Ames, A. M. Avery, Calvin Bard, G. Ralph Branton, Thomas Burke, H. J. Chapman, Walter Creal, Nathan Dax, Harry Day, Sam Epstein, Ray Felker, August Herman. B. B. Hold- ridge, H. F. Kennedy, Richard Koch, I. N. Kvjhl, Paul L. Martin, A. Menden- hall, Regina Molseed, George Monroe^. Jr., George Monroe, Sr., Henry Monsky, D. V. McLucas, G. F. Nye, C. M. Parkhurst., A. W. Person, Charles Prokop, Gordon Ruth, Mort Singer, Will Singer, M. L. Stern, H. A. Taylor, W. W. Troxell, Harry Weinberg, C. E, Williams. Philadelphia — George P. Aarons. David Barrist. Al Blofson, Harry Bodkin. A. R. Boyd, M. B. Comerford. A. J. DiFiori, Herbert J. Elliott, Jay Emanuel. George Gravenstine, Jack Greenberg, Reese B. Harrington, William Heenan, M. S. Lan- dow, Mortimer P. Lewis, Robert Lynch, Robert Mochrie, Oscar Neufeld, Michael J. O'Toole. Lewen Pizor, Milton Rogasner, Leon Schlesinger. Charles Segall. Philip Sterling. Earle W. Sweigert. Morris Wax, Joe Willing. Pittsburgh— James H. Alexander. Mike J. Cullen, William D. Davis. Emmaline Fineberg. Harry Fleishman. Harry Gold- stein, John H. Harris, Senator Frank Harris. Dr. C. E. Herman, Harry M. Kalmine. Robert F. Klingensmith, Lew Lefton, Arthur Levy. William Lipsie. John J. Maloney, Carl R. Mapel, Alex S. Moore, G. C. Parsons. George H. Sallows. A. H. Schnitzer, Joseph S. Skirball, B. M. Stearn. The following names on file at Code Authority from Pittsburgh are unknown in that city and surround- ing territory: A. M. Bowles. Aaron Goldburg. R. V. Harvey. J. Horvitz. Barney Rose, and Morgan A. Walsh. Bowles, Rose and Walsh are well known in San Francisco. Portland, Me. — Howard Duffy. Wm. Frei- day, M. J. Garrity. J. T. Howard. Portland, Ore. — Harry Aiken. George Ap- pleby. William Cutts, Ruth Doyle. C. J. Fames. Ted Gamble. Homer Gill, John Hamrick. George Jackson. Howard Mapes, Oscar Phelps. Andrew Saso. Oscar Seltzer, Ray Stumbo, Bob White. St. Louis — Ben Cammack. Lon Cox, Al- bert Critchlow. George Eigel. Lou Elman, Cullen S. Espy, Harold W. Evens. Steven Farrar. Joseph Garrison, Charles Goldman, Harry Greenman. C. D. Hill. Leto J. Hill, H. H. Horman. W. E. Horsefield. Clarence Kaiman. Leo F. Keiler. Oscar Lehr, C. T. Lynch. Dave Nelson. S. E. Pirtle. Mrs. Grace Rodgers, Barney Rosenthal. Lila B. Schofield. M. Schweitzer. Nat E. Steinberg. Francis R. Stout, George Tyson, Fred Wehrenberg. Salt Lake City — Harry David. Charles Epperson, John Gillette. William F. Gordon. Ray Hendry. Robert Hill. C. E. Huish, Joseph Lawrence. Stan Robbins. Maurice Saffle. Irving Schlank. Charles Walker. San Francisco — Irving C. Ackerman. George Ballentine. A. M. Bowles. Charles A. Caballero, Herman Cohen, Claire Foley, Rowena Foley. Morris Gallos, Aaron Gold- berg. Henry Goldenberg. H. V. Harvey, R. Harvey, Mel Hulling. Bruce Johnson, George M. Mann, M. L. Markowitz, R. A. McNeil, George Nasser, G. C. Parsons, Barney Rose, Floyd St. John, L. E. Till- man, Morgan A. Walsh, Cliff Work. Seattle— Paul Aust, Harry Black, Hugh Bruen. John Danz, Neal East. George Endert. Albert Finkelstein. John Hamrick, A. H. Huot, Leroy Johnson, Ed Lamb, L. O. Lukan. Roberta B. Lynch. L. J. McGinley, Al Oxtoby, Al Rosenberg, L. X. Walton. Tampa — A. C. Bromberg. L. D. Joel, M. C. Moore. Ben Stein. Mitchel Wolfson. Washington— Carter Barron. Sam Bend- heim. Jr., Rudolph Berger. Herman Blum, Harry S. Brown. A. J. Brylawski. Max Cluster. Jerome Cohan. Walter J. Coulter, J. B. Dashiel, Samuel J. Flax. Sam Ga- lanty, Louis J. Garman, George Gill, Thomas D. Goldberg. Herman H. Hable. William P. Herbst, William Hicks. John H. Hiser, Harry Hunter, Robert Kanter. A. E. Lichtman. Sidney B. Lust. Hardie Meakin, Philip Miller, Walter Pacy. J. J. Payette. E. A. Plummer, Isadore M. Rap- paport. J. Louis Rome, Louis J. Schneider. Carl Schwarz, W. J. Silverberg. Robert Smeltzer. Samuel Soltz, Samuel Wheeler, William S. Wilder. Thursday, February I, I' Allied See* Borah's Helj In Code Fig] (Continued from page 1) industry to defeat the remedial vca ures not involving change in law. "That body,-' read the telegr "dominated by major producers quires that independents file unqu fied assents to the code as a condii to participation in any degree ther thereby waiving all rights and appr ing in advance everything this C Authority may do. "We have filed suit to test tl right to do this and are advised fense of the proceeding will handled by the NRA, thus makini appear we are opposing the gov* ment." The telegram also charged m; producers with violating code ] visions against forcing of shorts "protecting themselves by stami on the contract that the exhibitor agreed to purchase excess numl and requiring exhibitors to initial clause.'' This was cited, the b' said, to show how large units can . do exact agreements and war "which will preclude independ from contesting monopolistic prad before boards." The telegram concluded with thi "We greatly deplore that eft to enlist the interest of General C< sel (of the NRA) Richberg elic only a condescending and evasive ter from a subordinate attorney." Northwest Allied Withholds Asser Minneapolis, Jan. 31. — A Theatre Owners of the North yesterday went on record as opp to signing the code without quali tions, and two members who have ready sent in assents without rt vations have sent letters to the ( Authority asking to have them scinded. it was stated followin meeting held with W. A. Steffes siding. Approximately 1.37 men? attended and were informed of details of the Allied sponsored < gress Theatre, Newark, suit agrj the authority, and also of the e>( sion to Feb. 28 granted by Hug Johnson as the new deadline for sents. Executive Secretary John C. I last night stated he had not yet ceived the two notices of withdr and that when he did he would mit them to J. Robert Rubin, Na Yamins and Ed Kuykendall. the < mittee on assents, for dispositior Budd Rogers on Tri, Budd Rogers, general sales m ger for Liberty Pictures, leaves day on a three weeks' tour of west, middle west and south in nection with his new national di; ution plan. Rogers hopes to have his dist tion setup completed within the 60 days, he says. While on the he will also close deals for Li product. iirsday, February I, 1934 MOTION PICTURE DAILY 9 Kohn O.K. 's Partners; Para. Tags on Creditors 9 Films :70 Listed by Authority for Code Boards (Continued from page 1) »y and the results today are the first Ticial list of proper spellings. [In instances where this publication 6 found duplications after returns it and Boston zones have not yet een determined, but are expected to e tentatively selected at a special meeting a week from today. Secre- iries for all boards will be chosen | the authority from a list of special uggestions from members of the oards approved on Feb. 9. In some pots two secretaries may be chosen, ne for the clearance and zoning and ne other for the grievance board. This ill be done only in key cities where lie work of two boards cannot be andled by one individual. New .'ork. Chicago and Los Angeles loom s two-secretarial points and would oost the 352 appointments to 355 or lore. Because Tampa. Florida ; Little tock. Ark., and Portland, Me., are ot selling centers, suggestions from hese points have been combined with hose of Atlanta. Memphis and Bos- on, respectively. With selections from he distributing zones totaled with hose of their respective sales districts. \tlanta increases its number to 40; Memphis to 30, and Boston to 40. rhich in actuality automatically shunts Atlanta and Boston to second place in he numerical listing schedule. The tabulations, from the official re • ease by the Code Authority, broken lown by Motion" Picture Daily, and hecked by its nation-wide corps of orrespondents. show this : ■*ty Nominees llbany 25 Ulanta 35 Soston 36 iuffalo 27 Charlotte 18 Chicago 36 Cincinnati 22 (Continued from page 1) cans shipped from the studio bear a label proclaiming their contents to be "Property of Film Productions Corp." This was the highlight of three hours of testimony given yesterday by Walter B. Cokell. former assistant treasurer of Paramount Publix and now a director of subsidiary com- panies, at a creditors' examination be- fore Referee Henry K. Davis. Cokell kept a diary of his daily business ac- tivities and yesterday read his brief entries covering a period of approxi- mately one year prior to the Para- mount Publix receivership. Despite the diary, however, the witness was able to elaborate very little on the meagre entries which were read into the record, examples of which follow : "Tan. 4. 1933. Discussed Kohn's new duties with Hertz." "Jan. 5. Discussed passes and rela- tives with Hertz." Cokell Explains Entry Under questioning by Samuel Isseks, of counsel for the Paramount Publix trustees. Cokell explained the latter entry by relating that John Hertz, former chairman of the finance committee, had asked that a thorough check-up be made on passes issued for Publix theatres and on relatives of ranking executives in the employ of the company. Cokell testified that he prepared lists of both and sub- mitted them to Hertz. The latter tes- tified while on the stand several months ago that his check-up of rela- tives in the company employ resulted in the dismissal of several and the reduction of salaries paid to others. Other entries in Cokell's diary briefly discussed at the examination involved the status of Paramount em- ployes' stock purchase plan and the advisability of replacing it with a profit sharing plan similar to that in operation among employes of General Motors. The results of salary cuts, discussed with Hertz, also figured in the testimony. The examination was halted in the midst of Cokell's recollections of the Film Productions transaction, to be resumed Feb. 6. Paramount Publix trustees have instituted an action to have the S13.200.000 bank transaction set aside on the grounds that pledging of the uncompleted negatives consti- tuted a preference for the banks. Cleveland 28 Columbus 1 Dallas 25 Denver 18 Des Moines 31 Detroit ., 38 Indianapolis 37 Kansas City 27 Little Rock..... 9 Los Angeles ... ~ 26 Memphis 21 Milwaukee 31 Minneapolis ! 29 Xew Haven 19 Xew Orleans 23 New York 54 Oklahoma City 17 Omaha 35 Philadelphia 27 Pittsburgh 22 Portland. Me 4 Portland. Ore 15 St. Louis" 29 Salt Lake City 12 San Francisco '. 24 Seattle 17 Tampa 5 Washington 37 TOTAL 870 (Continued from page 1) with Paramount theatre operators in Atlanta. Dallas. Chicago and a visit at the Paramount studios. "I am more convinced every day that we are on the right track as to costs and results under decentralized operation," Kohn said. "Partners in the field share our enthusiasm and we're all pretty certain that we're go- ing somewhere this year." Kohn said that theatre business throughout the south was showing con- stant improvement, but added that further progress is hoped for. He commended Emanuel Cohen and the studio on forthcoming product screened for him in Hollywood, mentioning in particular "Strange Holiday." made from the stage play, and "Death Takes a Holiday," which he predicted would be an outstanding box-office picture. Meetings of operating partners to elect additional members of the Para- mount national theatre advisory com- mittee will be called within the next two weeks at Omaha and Chicago, Kohn said, and a third will be held in Boston subsequently. Three members of the committee of six have already beer, elected. They are: N. L. Na- thanson, Canada ; E. V. Richards, South, and Karl Hoblitzelle. South- west. Deny Blank Seeking Para. K. C. Houses Kansas City reports that A. H. Blank was negotiating with Para- mount for the Newman and Royal there, as well as other Paramount houses in the Middle West, were de- nied yesterday by Ralph A. Kohn, Paramount theatre department head. "I know nothing about such nego- tiations." Kohn said, "and if they were in progress I would necessarily be aware of them." Board Secretaries Await Close Study Recommendations for secretarial posts in the 32 key centers will be in- vestigated before the Code Authority approves selections for the various boards. Each of the clearance and zoning and grievance boards is ex- pected to send in a list of candidates who will handle detail work in the boards and all names will be subject to thorough scrutiny before approval. This research work is expected to delay appointments of the secretaries at least two weeks after the boards are set up. The plan is to get as much comment and criticism from the field as possible so there .will be no kickbacks after these men and women take office. It is likely a number of secretaries now working- for Film Boards of Trade will be named to some of the posts. It is felt their experience will aid considerably in expediting the work to come. Postpone Allied Meet Due to illness. Sidney Samuelson and Abram F. Myers have called off a meeting scheduled in New York this week to select six regional advisors in the new expansion program. Instead, the session will be held next week. Administrator Tells Dangers Of Censorship (Continued from page 1) ing Bureau, the Hays office system of passing, on stories and advertising stills, and the way Mrs. Winters handles and reports to the Federation of Women's Clubs. "Startling" and "constructive" were two of the words he used in describ- ing what he found. He also said he had not realized so many departments could function for the best interests of the industry and the elevation of. moral standards of pictures, particular- ly at this time when reform move- ments are picking on pictures. Sees Need of Closer Tie Securing closer association between producers and principal public bodies toward a higher moral standard is of vital importance to the execution of any code and to the welfare of the in- dustry, he said. All involved in the industry should give this the utmost attention, he asserted, because only- three weeks ago a leading national re- ligious organization had gone on record in favor of an attack on im- moral pictures. "Nowhere have I encountered so many people diversified in their inter- ests cooperating on one objective — the making of pictures — who at the same time are eagerly striving to bet- ter conditions in their industry. They have come to me willingly with their problems and have laid their cards on the table," he stated. "The code is a most flexible docu- ment," he went on, "and if evidence is presented to show certain clauses im- practicable, these can be changed. The picture industry is no different from other industries, where some want to do wrong and others want to do right. The majority wanting to do right will govern." Speaking for the benefit of press agents, he said it was the only craft not taken care of in the code with minimum wages, because "press agents can take care of themselves." Flinn Adopts Code Markings for Mail The Code Authority has become codified and now operates under a system of its own. Whenever Execu- tive Secretary John C. Flinn sends out letters, he refers to them in terms of A. B, C, D and E. The A form is a missive sent out with the 20,000 assents. B is a letter mailed back to exhib- itors who have sent in qualified com- pliances, notifying them of the clause in the form which prohibits reserva- tions. C is an acknowledgment of com- plaints received for the local grievance boards. D is an answer to exhibitors' re- quests for copies of code and it tells them to send "five cents to the NRA in Washington for code pamphlets. E is a special letter sent to pro- ducers with assent forms. According to the authority, about 400 letters are answered daily and the average amount of mail received ap- proximates 1.000 pieces daily. 10 MOTION PICTURE DAILY Thursday, February I, 193* Looking 'Em Over "Catherine, the Great" (London Films - United Artists) Emphatically registering again the strides forward which British pro- duction is taking comes "Catherine, the Great" as an interesting and worthy successor to "The Private Life of Henry VIII," along different lines. Rich in production investiture, boasting lighting and photography and lavishness in set construction which fasten attention on the improvement in British picture-making technique, "Catherine" goes beyond both in story content and in performance by an excellent cast in which princi- pals include Elizabeth Bergner as the empress ; Douglas Fairbanks, Jr., as the Grand Duke and, later, the emperor; Gerald Du Maurier as Fair- banks' man Friday. The narrative deals with the dying days in the decadent reign of Elizabeth ; the madness which tinges Fairbanks, the arrival at St. Peters- burg of the German princess who subsequently marries him to eventually become the empress ; court intrigue, political footballery and machina- tions and the cruelty of 18th century czarism ; the emergence of Cath- erine from the shrinking, half-frightened girl to a woman of will and power and the ultimate overthrow of her husband, thereby leading to her ascension to the throne in her own right. The Catherine whom Miss Bergner is called upon to play is a white- washed Catherine. The lovers and the $60,000,000 which history records she spent on her amours find no place in this treatment. Yet, despite the decision which ruled it was to be so in this production, the charac- terization, along its chosen line, is deftly and intelligently drawn by its portrayer. Fairbanks, in a part that permitted the spectacular and the gentle in alternate moods, kicks in with a topnotch show ; certainly the best in which this reviewer has seen him, admitting as he does the fact some of the Fairbanks pictures have escaped him. Direction by Paul Czinner and supervision by Alexander Korda are praiseworthy. Their opening reels are a trifle slow in getting going, but later when the dramatic highlights pile on each other, the picture gains force and impact. It's an adult job, nicely rounded out and well handled. K A N N "Hired Wife" (Pinnacle) A commonplace production, this, and one that isn't much of a strain on the intelligence or the imagination. Although this may prove a handi- cap in first runs, it is not likely to be any great obstacle in double-featur- ing neighborhoods, where familiarity of story does not always mean much. Weldon Heyburn is made heir to a great fortune on condition that he marry. To fulfill the terms of the will he takes Greta Nissen as his bride with the understanding they are to part in a year upon a financial settlement of $100,000. They remain husband and wife in name only until along comes James Kirkwood, an artist, whose attachment for Miss Nissen stirs Heyburn to jealousy and to a declaration of ardent love. Incidentally, the change in their relationship eliminates from the picture a rival of Miss Nissen. The acting is average. Other players are Molly O'Day and Jane Winton. The direction of George Melford helps little. The fact the exteriors were shot in Florida is an asset. "Frontier Marshal," Tuesday's opener at the Mayfair was reviewed by wire from Hollywood on Jan. 5. "Nana," this morning's opener at the Radio City Music Hall, was covered by wire from Hollywood on Jan. 5. "Hi Nellie," last night's previezv at the Strand, was covered by wire from Hollywood on Jan. 25. Johnson Calls for State Enforcement Washington, Jan. 31. — Success of the NRA depends upon enforcement of compliance with codes, declared Administrator Hugh S. Johnson in an address today to a gathering of state directors. It was the first of a four-day ses* sion to instruct directors in their duties. Frank C. Walker, director of the Emergency Council, told them they would be held responsible for success of the NRA. The directors were told to set up information offices in each state so the public could become familiar with the NRA machinery. "The crux of the recovery program is to administer the emergency efforts so that the pump of business will be primed to bring forth a full stream of employment and purchasing power. The Government is doing the priming, but business must keep up the pump- ing." Vaude Actor Ideas On Code Are Heard Suggestions for revision in the film code on the vaudeville actor labor situ- ation were heard yesterday by the committee appointed recently by R. H. Cochrane. The session lasted all after- noon at the Astor. Executive Secre- tary John C. Flinn will call a meeting of the committee some time next week to act and prepare a report for the next session of the Code Authority on Feb. 9. New Fox Met Setup Will Come Up Soon {Continued -from page 1) the receivership report before Judge Julian W. Mack in the U. S. District Court on Feb. 15. The present six months' term of Simon Fabian and Irving Trust Co., co-receivers, ex- pires Feb. 18. Under the reorganization set up, it is expected that George Skouras will continue operation of his present group of houses. Louis Frisch and Sam Rinzler, head of Randforce, will most likely continue management of the Brooklyn circuit. May Rohson May Tour May Robson may make personal appearances at Loew theatres in Bal- timore and Washington following her week's engagement at the Capitol, where she opens tomorrow. The extra two weeks' time depends on whether she is needed at the M-G-M studio for a picture. Louis Cohen in Denver Denver, Jan. 31. — Louis Cohen, realty head for the F. & M. circuit, is here working on a deal and returns shortly to Los Angeles to finish de- tails of negotiations with FWC, which is scheduled to turn over about s.ix houses to Mike Marco's circuit. Du World Moves Office Du World Pictures, Inc., recently formed by Archie Mayers and Irwin Shapiro, went into office moving last night and this morning are located in larger quarters on the 17th floor of the Godfrey Bldg. Farnol Sailing Lynn Farnol and his wife are booked on the Manhattan sailing from New York on Feb. 28. Farnol, who is press agent for Samuel Goldwyn, says he's going over to kiss the Blarney Stone, always lucky for press agents. Gets Ticket Register Standard Ticket Register Corp. will handle distribution of the new American Silent ticket register, ac- cording to George Mead, vice-presi- dent and general manager of Stand- ard. Books Warner Picture Warners' "The Big Shakedown" has been booked into the Mayfair. It's the second film the company booked away from its own Broadway houses. First is "I've Got Your Num- ber," which opens at the Roxy to- morrow. John Stone in Mexico Hollywood, Jan. 31. — John Stone, producer of Spanish productions for Fox, has left for a month's vacation in Mexico City. New Saenger Plan Now Nearly Ready (Continued from page 1) tory to all concerned. Now in vie* is an agreement to perpetuate th< bond issue as is, but with a lowettc interest rate and a three or four-yeai deferment of maturities. With thi; adjustment Saenger will be in a posi tion to settle approved creditors claims without disturbing the parem corporation by a sale of its assets tc a newly created company. Attorneys representing Saenger, thf Paramount Publix trustees and bond holders are now putting the finishing touches to the reorganization plan making its completion imminent. Dis charge of the Saenger bankrupts will result in normal business opera tions and status for all Paramoun theatres in the south and southwest. Saenger Realty Has Loss of $18,349.71 New Orleans, Jan. 31— Saenge Realty Corp. shows a net loss fror March 2 to Sept. 30, 1933, of $18, 349.76 during the receivership o Ernest V. Richards, according to a re port just submitted to U. S. Distric Judge Wayne G. Borah. The operat ing loss for the period was $13,484.7 and to this was added $4,865 for re ceivership expenses. Total income was $233,696.06 an total expenditures were $247,180.8; including $49,630.24 set aside as reserve for loss on bad debts. Thi leaves the cash balance on hand Sep 30 at $51,335.47. Saenger Realty Corp. operates th Paramount at Clarksdale, the Saenge at Hattiesburg, and the Saenger i Mobile, the last named under a pari nership. The Lyric at Mobile an Strand at Clarksdale are closed. "Sutter's Gold" on "U's" 1934-35 Lis Universal has already picked "Su ter's Gold" to feature its 1934-35 line up. Settling other phases of the ne> season product is one of the reasor for the conference here of Cai Laemmle, Carl Laemmle, Jr., R. I and P. D. Cochrane, James I Grainger, Charles B. Paine and Rol ert Harris. "Sutter's Gold" is from Blai: Cendrars' novel. George O'Neil already at work on the script ar William Wyler will probably direc Meeting Academy Groui Hollywood, Jan. 31. — Division A' ministrator Sol A. Rosenblatt mee tomorrow a committee of the Acaden of M. P. Arts and Sciences consistir of J. T. Reed, Howard Green, Frar Capra, William Sistrom, Nathani Levinson and Lewis Stone. Miss Griffith Walks Hollywood, Jan. 31. — Corinne Gri fith staged a walkout at Radio tods because she felt Otto Kruger w? hogging the picture "Crime Doctor Karen Morley has replaced her. Wampas to Pick 'Em Hollywood, Jan. 31. — The Wamp; are going ahead with their plan 1 select baby stars. Nominations will 1 Feb. 13 and voting Feb. 27. MOTION PICTURE DAILY Cantor Leads Pittsburgh, Going $4,000 Above Par lursday, February I, 1934 Women' Only *Good Grosser On the Coast iLos Angeles, Jan. 31. — Business j. the skids last week with "Little .'omen" the only native product ap- oaching normal. It grossed $19,000 its fifth week at the Chinese. !A travelogue, "Angkor," took a (•prising $6,400 at the Criterion and luly 14," a French import, reached ,700 at the Filmarte. All the regu- - first runs fell off sharply. Total first run take was $85,615. werage is $105,250. Estimated takings for the week iding Jan. 24: "LITTLE WOMEN" (Radio) rHINESE— (2,500), 50c-$1.65, 5th week, 7 rys. Sid Grauman prologue. Gross: $19,000. average, $14,000.) "ANGKOR" (H. W. Warner & Roy Purdon Prod.) CRITERION— (1.610), 25c-40c, 7 days, ross: $6,400. (Average, $2,800.) "JULY 14" (Rene Clair) FILMARTE— (800), 40c-50c, 7 days. t>ss: $2,700. (Average, $2,650.) "AS HUSBANDS GO" (Fox) LOEWS STATE— (2,413), 25c-40c, 7 days, -oss: $9,200. (Average, $14,000.) SHOULD LADIES BEHAVE" (M-G-M) PANTAGES — (3,000), 25c-55c. 7 days, 'age show. Gross: $6,650. (Average, EdoU) "ALL OF ME" (Para.) PARAMOUNT— (5,595), 25c-40c, 7 days. Lage show. Gross: $16,865. (Average, £.000.) "LETS FALL IN LOVE" (Col.) RKO— (2,700), 25c-40c, 5 days. Gross: ,£00. (Average, $8,000.) "I'M NO ANGEL" (Para.) UNITED ARTISTS — (2,100) , 25c-40c, 7 kys. Gross: $9,000. (Average, $12,800.) "THE BIG SHAKEDOWN" (F. N.) WARNER BROS. (HOLLYWOOD)— ,000), 25c-40c, 7 days. Gross: $7,000. (Aver- se. $14,000.) "THE BIG SHAKEDOWN" (F. N.) WARNER BROS. (DOWNTOWN)— i.400), 25c-40c, 7 days. Gross: $7,000. Average, $12,000.) 'Fugitive," Show Lead Indianapolis Indianapolis, Jan. 31. — The Palace kith "Fugitive Lovers" on the screen nd the first stage show that house has een in more than five years grossed 9,000, which was the best business in he city. The Indiana's policy of split reek with "House on 56th Street" on or the first four days and "Bedside" or the last three days grossed $3,500. Frontier Marshal" at the Apollo grossed $2,000 and "Let's Fall in -ove" at the Circle was just average nth $3,500. Estimated takings for the week end- ng Jan. 20 : "FRONTIER MARSHAL" (Fox) APOLLO— (1,100), 20c-40c, 7 days. Gross: 2,000. (Average. $2,500) "LETS FALL IN LOVE" (Col.) CIRCLE— (2,600). 25c-40c, 7 days. Gross: 5,500. (Average. $3,500) "HOUSE ON 56TH STREET" (Warners) 4 days "BEDSIDE" (F. N.) 3 days INDIANA— (3.100). 20c-40c. Gross: $3,500. "BOMBAY MAIL" (Univ.) LYRIC— (2.000). 20c-40c, 7 days. Stage how. Gross: $4,500. (Average. $6,000) "FUGITIVE LOVERS" (M-G-M) PALACE— (2,800). 25c-55c, 7 davs. Cen- ury of Progress Revue. Gross: $9,000. . Gets New Title "The Family Scandal," reviewed by rire from Hollywood on Jan. 18, is leing released by M-G-M as "This >ide of Heaven." Pittsburgh, Jan. 31. — There were three standouts in town last week, the trio almost entirely assimilating the more than $12,000 by which par was topped. The leader was "Roman Scan- dals" at the Penn, which copped $16,- 000, just a little short of the business done here by the last Cantor effort, "The Kid from Spain." Also a pleasant surprise was "Berkeley Square" at the Fulton where it stayed two extra days and collected $9,200 for the best trade here since "The Private Life of Henry VIII." At the Pitt, the condensed version of "Shuffle Along" and "I Was a Spy" accounted for a remark- able $9,000. The Davis had "Little Women" as a downtown second run following the picture's two sensational weeks at the Stanley and did satisfactorily, al- though not up to expectations, at §2,900, while the highly-praised "Counsellor-at-Law" was something of a disappointment at the Stanley at $9,500. "Man's Castle" did very poor- ly at the Warner, turning in only $4,100. "Rio" Only Strong Draw in Oklahoma Oklahoma City, Jan. 31. — Business went for a terrible slump here last week. Only two downtown first runs stood up to average. "Flying Down to Rio" at the Cri- terion was the only picture in town getting any business. It was up $1,500 with a take of $6,500. "Big Shake- down" and "I Was a Spy" kept the Liberty up to average of $2,000. The Midwest died with "Massacre," taking only $2,500, under par by $2,500. "The World Changes" gave the Capitol $1,800 which is $700 under. The suburban Victoria had two first runs last week which doubled its aver- age business of $1,200. "Take a Chance" and "Emperor Jones" brought $2,500. This is unusual for the house which has had few first runs since the midwest reopening in November. Total first run take was $12,800. Average is $14,500. Estimated takings for the week ending Jan. 20 : "FLYING DOWN TO RIO" (Radio) CRITERION— (1,700), 10c-20c-26c-36c-41c- 56c. 7 days. Gross: $6,500. (Average, $5,000) "THE BIG SHAKEDOWN" (F. N.) LIBERTY— (1.500), 10c-l5c-26c-36c, 4 days. Gross: $1,100. (Average week. $2,000) "I WAS A SPY" (Fox) LIBERTY — (1,500), 10c-15c-26c-36c. 3 days. Gross: $900. Average week, $2,000) "MASSACRE" (F. N.) MIDWEST — (1.500). 10c-26c-36c-56c, 7 days. Gross: $2,500. (Average., $5,000) "WORLD CHANGES" (F. N.) CAPITOL— (1.200). 10c-20c-26c-36c-41c, 7 days. Gross: $1,800. (Average, $2,500) Hold Two in Portland Portland, Jan. 31. — Harry Culbert, manager, and Ruth Riley, cashier, at the Granada have been arrested on grand larceny charges. They are ac- cused of reselling tickets. RKO Advances H. Green Providence, Jan. 31. — H. Green has been advanced from assistant manager to manager of the RKO Victory, as successor to H. R. Hughes. Unimpressive, too, was the begin- ning of "Queen Christina's" roadshow engagement at the Nixon, with only $5,000 in its first week. Total first run grosses were $50,700. Average is $38,500. Estimated takings for the week ending Jan. 20: "LITTLE WOMEN" (Radio) (Second Run) DAVIS— (1,700), 25c-35c, 6 days. Gross: $2,900. (AveTage, $2,5000 "BERKELEY SQUARE" (Fox) FULTON— (1,750), 15c-35c, 8 days. Gross: $9,200. (Average, for six days, $4,000) "QUEEN CHRISTINA" (M-G-M) NIXON— (2,100), 55c-$1.60, 11 perform- ances. Gross: $5,000 "ROMAN SCANDALS" (U. A.) PENN— (3,300), 25c-50c. 6 days. Gross: $16,000. (Average. $12,000) "I WAS A SPY" (Fox) PITT— (1,600), 15c-40c, 6 days. Stage: Condensed "Shuffle Along" with Eubie Blake and his band. Miller and Moreland, the Three Brown Spots and Geneva Wash- ington. Gross: $9,000. (Average, $6,000) "COUNSELLOR AT LAW" (Univ.) STANLEY— (3,600), 25c-50c, 6 days. Gross: $9,500. (Average, $9,000) "MAN'S CASTLE" (Col.) WARNER — (2,000), 25c-50c, 6 days. Gross: $4,100. (Average, $5,000) "Castle" and Show Hit in Providence Providence, Jan. 31. — "A Man's Castle," helped by a much-heralded stage show, "The New Yorkers," boosted the RKO Albee to $12,500 last week. This is one of the best grosses in a long time. The little RKO Victory came through with a startling $5,000 on "Forgotten Men" and "Pirate Treas- ure." Fay's reached $7,000 with "Frontier Marshal" and a strong vaudeville bill. Total first run business was $48,400. Average is $42,300. Estimated takings for the week end- ing Jan. 25 : "MISS FANE'S BABY IS STOLEN" (Para.) "HE COULDN'T TAKE IT" (Monogram) PARAMOUNT— (2,300), 15c-40c, 7 days. Gross: $5,800. (Average, $6,500) "FORGOTTEN MEN" (Jewel) "PRIVATE TREASURE" (Univ.) RKO VICTORY— (1,600), 15c-35c, 7 days. Gross: $5,000. (Average, $2,800) "GALLANT LADY" (U. A.) LOEWS STATE— (3,800), 15c-40c, 7 days. Enrico and Novello heading stage show. Gross: $11,900. (Average, $12,000) "MADAME SPY" (W. B.) "I AM SUZANNE" (Fox) MAJESTIC— (2,400), 15c-40c, 7 days. Gross: $6,200. (Average, $7,000) "MAN'S CASTLE" (Col.) RKO ALBEE— (2,300), 15c-40c, 7 days. "The New Yorkers" on stage. Gross: $12,- 500. (Average. $7,000) "FRONTIER MARSHAL" (Fox) FAYS— (1.600), 15c-40c, 7 days. The Ra- viators, radio comics, on. stage. Gross: $7,000. (Average, $7,000) Ruben to Direct Brook Hollywood, Jan. 31. ■ — J. Walter Ruben has been assigned to direct Clive Brook's next starring vehicle for Radio, "Family Man." Ruben re- cently finished "Success Story" with Colleen Moore and Douglas Fair- banks, Jr. Franklin Leases House Sidney Franklin has leased the Lit- tle Theatre on Broad St., Newark, from the Pearl Realty Co. II "Dinner" Is $27,000 Hit On the Loop Chicago, Jan. 31. — "Dinner at Eight" crashed through with a strong $27,000 in its first week at the B. & K. Oriental for any easy standout as the Loop's best bet. It had previously roadshowed here four weeks at $1.50 top. Business generally was satisfactory at other spots, the par figure being equaled or passed in practically all houses, although no takes, aside from the Oriental, mounted to any distin- guishing totals. "Roman Scandals" ran four days into a fourth week at the United Artists, finishing up strong. B. & K's. Chicago was down from the $55,000 registered by Mary Pickford last week to $40,000 with "Going Hollywood" on the screen and Will Mahoney heading the stage program. Total first run business was $134,- 000. Average is $137,000. Estimated takings : Week Ending Jan. 16: "DINNER AT EIGHT" (M-G-M) ORIENTAL— (3,940), 30c-40c-60c, 7 days. Gross: $27,000. (Average, $23,000) Week Ending Jan. 18: "GOING HOLLYWOOD" (M-G-M) CHICAGO— (4,000), 35c-50c-68c. 7 days. Will Mahoney, Gomez & Winona, Don Car- los & band. Tune Pursell on stage. Gross: $40,000. (Average, $34,600). "IF I WERE FREE" (Radio) PALACE— (2,509), 35c-50c-75c, 7 days. Cotton Club revue with Adelaide Hall George .Dewey Washington. Mills' Blue Rhythm band on stage. Gross: $22,000. (Average. $22,000) "BY CANDLELIGHT" (Univ.) McVICKERS— (2,284), 30c-40c-60c, 7 days. Gross: $12,000. (Average, $13,000) "SONS OF THE DESERT" (M-G-M) ROOSEVELT— (1,591), 25c-35c-50c, 7 days. Gross: $8,500. (Average, $11,000) Week Ending Jan. 20: "MASTER OF MEN" (Col.) STATE-LAKE — (2,776), 20c-25c-35c. 7 days. Bob Murphy and vaudeville acts. Gross: $16,500. (Average, $17,000) "ROMAN SCANDALS" (U. A.) UNITED ARTISTS— (1,700), 30c-40c-60c, 4th week, 7 days. Gross: $8,000. (Average, $17,000.) IATSE Men in K. C. on Favoritism Charge Kansas City, Mo., Jan. 31. — In- vestigation of nepotism charges against the I. A. T. S. E. operators' local and of disputes with exhibitors and a checkup on the local since it went on probation brought President William Elliott, Vice-President Nick and in- ternational representative Clyde Wes- ton here today. Elliott has called a special meeting of all operators for tomorrow night. The local was placed on probation last summer by him in an effort to end alleged racketeering. A committee representing indepen- dents and Fox conferred with the in- ternational officers regarding new con- tracts. Exhibitors demand relief for Ed Dubinsky and make other demands, including the right to designate booth personnel. Snell Quits Fox Hollywood, Jan. 31. — Paul Snell has quit Fox's publicity department and joined M-G-M as successor to Joe Sherman. Joseph Shea is coming here to be Gabe Yorke's assistant. Mel Riddle, assistant to Eddie Eckles at Radio, is going to Fox as unit man. 1 2 MOTION PICTURE DAILY Thursday, February I, 1 93* Variety Club Chatter Woolf-Shanberg to End One Suit Soon Kansas City, Jan. 31. — Signatures to a settlement of the receivership suit against the Midland Investment Co. will be affixed this week, and the action is expected to be dismissed Friday, when it comes up for hearing in the circuit court here. That announcement is made by attorneys for Herbert M. Woolf, M. B. Shanberg and F. H. Reid, the plaintiffs. Settlement will mark "finis" , to one court action taken by Woolf and Shanberg in deals involving local theatres. The same attorneys say that settlement of the partners' litigation with Fox Midland Theatre Co., re- ported on the way several months, is now not so certain. While New York attorneys for the large Midland cred- itors declare the claims of almost $500,000 will be taken care of out of court, there have been several hitches and no definitely acceptable terms have as yet been presented, according to Shanberg's counsel here. Officials of Loew's, partners with the Kansas City stockholders in the Midland Investment Co., have agreed to declare accumulated dividends and to grant certain other demands made by Shanberg and Woolf in the appli- cation for a temporary receiver, it is understood. Among other allegations, the local stockholders charged Loew's planned to relinquish the large Midland Thea- tre, which, with the adjacent Midland office building, comprises the proper- ties involved. Burkey Suit Ended By K.C. Agreement {Continued from page 1) withdrawn upon payment of a small penalty and court costs by the de- fendants. In exchange for the cash settlement, Burkey has dropped his motion for a new trial, filed after a Federal court jury last year found there was no conspiracy. Burkey sued for $136,000 damages. The amount of the settlement was not divulged, but Burkey said it was "around $1,000." Court costs totaled about $500. Additional suits for smaller amounts igainst Famous Players-Lasky and ~ox were automatically dropped under i rms of the settlement. Distributor defendants were Famous Players-Lasky, Paramount, First Na- tional, Fox, M-G-M, Warners, Edu- cational, Tiffany, RKO, Pathe, United Artists, Universal, Vitagraph, and one independent, Midwest Film Distribu- tors. Kohn Likes Number Motion Picture Daily's re- cent Studio Number was hailed, by Ralph A. Kohn, Paramount theatre head, as a "very novel idea and some- thing new in trade journal- ism," on his return yester- day from Hollywood and in- termediate points. "I read the issue on the train coming back," Kohn said. "There were plenty of laughs in Vic Shapiro's arti- cles for anyone who knows Hollywood." Pittsburgh, Jan. 31. — The boys are still talking about the party in Colum- bus. Pittsburgh was represented by 41 members including Harry Gold- stein, James G. Balmer, John J. Maloney, Al Barnett, John H. Harris, Morty Henderson, Jerry Collins, Ed Stuve, Bert Stearn, Doctor Wise, Bill Gardner and Dr. Garrahan — also Senator Frank J. Harris, Luke Barnett. Columbus will long remember Barnett. Jimmy Balmer and J. T. McGree- vey of Harris Amusement are "Kings for the Day" at the regular Wednes- day luncheon and have as their honor guests Ray Bolger, Judge M. A. Musmanno and Mayor McNair. Mike Cullen of Loew's Penn was laid up last week for a few days with a severe cold, but the entrance of stajge shows forced him out of bed. The grill room was the scene of an anniversary party in honor of Mr. and Mrs. John H. Harris, in celebration of their second wedding anniversary. J. T. McGreevey of Harris Amuse- ment recently celebrated a birthday, January 26th. (Number of years fur- nished only on request.) Joe Kaufman n of Universal is hanging close to home these days. Mrs. Kaufmann just operated on for appendicitis. Recovering nicely. Edgar Moss of Fox dropped in to say hello. So did Mr. Hollingshead, the originator of the Drive-in Theatre at Camden, N. J. Eddie Quillan dropped in en route to New York. George O'Brien and his wife. Mar- guerite Churchill, were guests en route to California. Jimmy Walker, St. Louis Variety Club member, stopped off on his way East. Jerry Mayhall was awarded the musical contract for the President's Ball which is considered the plum of the year's society events. Brian McDonald leaving his Tent Club for a New York offer and turn- ing management over to Bob Rosuali and Mike Gallagher. Ray Bolger, one of original Variety Club associate members, made the club his headquarters during his stay. Sam Bleyer of the Leona at Home- stead, is a new resident member. Jim Clark, of the former Rowland & Clark Co., is a regular visitor. "U" Holds Karl Freund Hollywood, Jan. 31. — Universal has exercised its option on the services of Karl Freund as a director and at the same time assigned him to direct "The Man Who Reclaimed His Head." This will follow "Countess of Monte Cristo." Detroit, Jan. 31. — Seven new bark- ers were elected at the last business session. Those made resident mem- bers were Sam Seplowin. William Hurlbut, William E. Schutten- helm, Bert G. Tighe and Louis J. Mitchell. Ray Branch, president of Allied of Michigan, and John Henry Ross, Flint exhibitor, were granted non-resident membership. Ollie (Butterfield) Brooks and Manny (Universal) Gottlieb were the club's first "kings for the day," presenting as the chief speaker on their program Malcolm W. Bingay, editorial director of the Detroit Free Press. Barkers Dave (Fox) Idzal and Nat (RKO) Levy will be the "kings" for the Feb. 5 luncheon and will fea- ture on their bill Amos 'n' Andy, who will be playing the Fox that week. Seven barkers attended the Colum- bus third annual dinner and entertain- ment and returned high in their praises. They were President J. E. Flynn, W. G. Bishop, Harold Robinson, Edgar Kirchner, Lou Wisper, Alex Schreiber and Ollie Brooks. Every member is working 100 per cent to make the dinner-dance-cabaret to be held in the Book-Cadillac ball- room on Feb. 24 the greatest event ever staged by the Variety Club. President Flynn has appointed the following committees in charge of the party : Entertainment: M. M. Gottlieb, David Td-al, J. O. Brooks, Howard Pierce, Ray Conlin, Maurice J. Caplan, J. R. HlRSCHFIELD. Publicity: Fred Schader. W. G. Bish- op. Phil Kaplan, Frank Smith. Tickets: H. M. Richey, Carl H. Shalit, Carl Buermele Alex Schreiber, Ar- thur Caplan, Frank A. Wetsman. Otto Bolle, Harold Robinson, E. S. Kinney, Harris Silverberg, Sam Seplowin, Rog- er M. Kennedy. House: J. O. Brooks, William A. Lon- don, L. H. Gardner, Nat Levy, H. M. Richey. Carl Buermele. Roger M. Ken- nedy, Harold Munz. Reservations: Frank J. Downey, Hen- ry Zapp, Thomas Ealand. Decorations: W. G. Bishop, William Carlson, R. Hal Burriss, Richard Cohn. Program: Phil Kaplan, Frank Smith. Producer and director of floor show: David M. Idzal. Carl Shalit, treasurer of the club, has left for Florida to spend two weeks at Miami. Four Fox Players Out Hollywood, Jan. 31. — Fox has failed to pick up options on four con- tract players. Those dropped are Philip Merivale, Dorothy Lee, whose name the studio changed to Gloria Grant, Marie Or- miston and Dixie Francis. The option on Marie Trivers writ- ing contract was exercised. Maryland MPTO to Elect Baltimore, Tan. 31. — Annual elec- tion of the M.P.T.O. of Maryland will be held here on March 15, ac- cording to Herman A. Blum, presi- dent. Nominations for new officers already have been filed, the present slate being renominated. Dubinsky Row May Go to Arbitration Kansas City, Jan. 31. — Arbitration! may be resorted to in the labor mudd < arising from differences betwetm; Dubinsky Bros, and operators ai erators upon his return from the est. If the two organizations cannot ;t together at this meeting, it is an- (Continued on page 6) ]ode Assents Total Now Reaches 6,217 Total number of assents received by e Code Authority is now 6,217. in imparison with 4,052 when the au- ority held its last session on Jan. 23. number of exhibitor units, including Hied, are withholding assents until ter. Time and Place Toledo, Feb. 1.— Says the paragTapher on the Toledo Blade: "Add Mae West: Moviedom has a new star who goes by the name of June East. It's a small country, after all." Zukor, In Optimistic Vein, Urges All to Pull Together Hollywood, Feb. 1. — Optimistic over prospects for the coming year, Adolph Zukor is urging all at the studio to pull together for the welfare of the industry. A public tendency toward increased spending will eventually tell at the box-office, he says. "There will be a keener search for high quality entertainment," he says, "and if it is not delivered on the screen the public will seek elsewhere. Every branch of the industry must appreciate its importance all up the line from technicians to producers. Salaries will continue to be paid according to the worth of each." Zukor will leave for the east on Saturday, but will return some time in April to line up the new program. No Film Move Looked for in Congress Now W ashington, Feb. 1. — Efforts to secure a Congressional investigation of the film industry are likely to run up against President Roosevelt's ex- pressed desire that Congress confine its activities to major legislation and adjourn as soon as possible. Independent exhibitors and Allied are pushing the anti-block booking agitation among civic organizations, it is indicated, but there is a considerable sentiment at the Capitol in favor of giving the Code Authority a chance to show what it can do before tinkering {Continued on page 6) "U" Maps Lineup; May Jump to Forty Final plans for the 1934-35 season will be set by Universal on the coast in April, but currently discussed and heading for adoption is a decision placing the total at 40 which would be an increase of four over the cur- rent lineup. Preliminary plans are on the fire in New York with both of the Laemmles on native heath at the same time. Academy and Unions Talk To Rosenblatt Hollywood, Feb. 1. — One of Divi- sion Administrator Sol A. Rosenblatt's last conferences before his departure for Washington was with an Academy committee this morning. He expects to have a report ready for Admin- istrator Hugh S. Johnson by March 1, he says. The Academy committee consisted of T. J. Reed, Howard Green, Frank Capra, William Sistrom, Nathaniel Levinson and Lewis Stone, represent- ing each creative branch. In the afternoon he went into a (Continued on page 6) First Division to Open Three Offices First Division is expected to set up branches in New Orleans, Charlotte and Atlanta as the next expansion move. Distribution deals for several pictures have already been made in these cities. They include a 12-episode serial, "Young Eagles," "Road to Ruin," "Eat 'Em Alive," and "He." The company recently branched out with offices in New Haven and Boston. French Reported Planning Drive on American Sales An invasion of the American mar- ket by French producers in what would be that industry's most com- pletely organized plan to date is being talked about in inside circles in New York. Reported to have been proposed by the Chambre Syndicale, trade associa- tion most representative of the French business, is a plan for subsidizing a distributing organization in this coun- try on a two-year basis and removal of exchange operations across the (Continued on page 7) Royalty For Talent Seen As New Plan Rosenblatt May Suggest Percentage of Gross Hollywood, Feb. 1. — Some sort of a royalty basis for actors, directors and writers may be recommended by Division Administrator Sol A. Ros- enblatt. Delegations from the Actors' and Writers' Guilds have pointed out that this may be the solution to the fair compensation problem. It would incite competition, it is contended, and weed out weak sisters. Percentages would be based on grosses, with the Government to be asked to appoint auditors for check- ing returns. Expect Government Aid for Authority Washington, Feb. 1. — Members of the Code Authority named in the pend- ing suit brought in New York, center- ing around the form of acceptance de- manded by the authority, will prob- ably be defended by Government coun- sel when the case is heard. Officials of the Recovery Administra- tion have stressed their intention of defending code authorities only when they have not overstepped their powers or abused their authority. No code authority will be protected if the (Continued on page 6) Aim at Redrafting Vaude Code Terms Redrafting of the vaudeville sec- tion of the code is seen as the aim of a meeting next Tuesday by the committee appointed by R. H. Coch- rane to hear complaints of actor inter- ests. It is expected special machinery will (Continued on page 6) After the Fox Harry Charnas is under- stood to be representing Warners in a deal for ac- quisition of the Fox Theatre, Brooklyn. Sydney S. Cohn is now operating for the bond- holders. MOTION PICTURE DAILY MOTION PICTURI DAILY (Registered U. S. Patent Office) Vol. 35 February 2, 1934 No. 28 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. Clifford, manager; London Bureau: 6 Brookland Close, Harapstead Garden Suburb, Bernard Charman, Representative; Berlin Bureau: Berlin-Tem- pelhof, Kaiserin-Augustastrasse 28, Joachim K. Rutenberg, Representative; Paris Bu- reau: 19, Rue de la Cour-des-Noues, Pierre Autre, Representative; Rome Bureau: Viale Gorizia, Vittorio Malpassuti, Representative: Sydney Bureau: 102 Sussex Street, Cliff Holt, Representative; Mexico City Bureau: Apartadc 269, James Lockhart, Representa- tive; Glasgow Bureau: 86 Dundrennan Road, G. Holmes, Representative; Budapest Bureau: 11 Olaaz Fasor 17, Endre Hez'esi, Representative. 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. Deal About Set for Stage Tour by Roxy Deal between Paramount and Roxy and his gang for stage appearances in eastern and middle western cities totaling 10 weeks is "99 per cent" completed, according to Boris Mor- ros, whose charge is the Paramount. New York and again, beginning to- day, the Paramount, Brooklyn. Contracts are ready and slated for signatures when Roxy returns from Miami on Feb. 16. The tour would take him to Boston, Buffalo, Chi- cago and Detroit, among other key points. Roxy Married 25 Years Miami, Feb. X. — S. L. Rothafel and Mrs. Rothafel celebrated their silver wedding anniversary yesterday. standard CyW^ TICKET REGISTER CORP. Ticket Machine BARGAINS Trade-in-Values AUTOMATIC GOLD SEAL and SIMPLEX TICKET R EGISTERS Mechanically perfect. Good as new. Write for Prices Bonded Guarantee of Responsibility CHickering 4-6810-1 1 1600 BROADWAY NEW YORK GEORGE MEAD. General Manager Insiders' Outlook THE Paramount Publix re- organization is now hinging on a satisfactory adjustment of leading creditors' claims. In this division three are the standouts. One is Allied Owners, down for $6,000,000; another is Erpi with $2,000,000; third, and looming large, is a $26,000,000 item on company bonds, including in- debtedness on the Paramount Building at the world's cross- roads. Kuhn, Loeb and other banking firms are on them. These are the largest so far not cleaned up and must be settled before reorganization can proceed fur- ther. Paramount officials are frank enough to point out they have no definite idea of how long this will take, opinion varying between two months and beyond. It depends who is doing the talk- ing. . . T The company's cash position is said to have no particular bear- ing on reorganization since cash is held by the subsidiary units clear of bankruptcy. Depending on the outcome of the claim ad- justments, there are two turns which reorganization may take. Either stands an equal chance of being the ultimate one. The first is a sale of P-P assets to a newly-created company, wholly owned by Paramount, with cred- itors being paid off in stock of the new as was done in the case of Publix Enterprises. This would not mean necessarily that the P-P name, with millions in institutional advertising and years of plugging behind it, would be lost or dropped in favor of the new outfit since it is well within the range of possibility that the name would be bought up will other assets . . . Plan No. 2 would involve the purchase of the claims them- selves for cash at so much on the dollar, the basis to be worked out by negotiation. A common method, but frequently not ac- ceptable to creditors since it seldom results in anything be- yond a settlement greater than 25 cents on the dollar. Yet, this may be attempted in the instance of large claims such as those pending. The widespread inter- est in the Paramount case has re- sulted in a faulty impression in another direction. The company recently was granted a Federal tax refund of $7,250,000 for 1929. This brings no cash into the treasury, involves only an abatement of tax assessments for that year and will be disposed of by a bookkeeping entry on the Department of Internal Reve- nue's books . . . T Indicating the potential posi- tion of Adolph Zukor in the future of Paramount, now and in its eventually-to-come new guise, are wires sent him by theatre partners during their Dallas and Atlanta meetings. The tele- grams commended him as the "greatest fighter and leader" in the industry for his efforts in helping to bring the company back ; expressed the greatest con- fidence in him and pledged co- operation and friendship in present and future dealings. The messages recalled trade predic- tions of a year or more ago and common enough at the time that Zukor and other veteran Para- mount executives would be out of the company for all time : predicted a greater future than ever before. Future meetings are (Continued on page 10) Loew Sales Lead on Big Board High Low Close Columbia Pictures, vtc 25% 25 25 Consolidated Film Industries 454 V/s 4I4 Consolidated Film Industries, pfd 13% 13Vs 13Vs Eastman Kodak 91 90 90 Fox Film "A" 1654 1554 iWs Loew's, Inc 29-4 28*6 29'/$ Loew's. Inc., pfd 85% 85% 85% Paramount, cts 354 3 354 Pathe Exchange 254 254 254 Pathe Exchange "A" 1354 12% 1354 RKO W% 2% 3 Warner Bros 754 634 ?54 Net Change + % + % -54 + H + 54 + Vs + 54 +'% Sales 700 200 1.300 1.900 3,200 17,200 100 4.000 5.600 1.000 7.200 Technicolor Trading Slight on Curb Technicolor Net High Low Close Change Sales . 954 954 9?4 300 Warner Bros. Lead Bond Sales High Low Close General Theatre Equipment 6s '40 654 6 654 General Theatre Equipment 6s '40, ctf 6 6 6 Loew's 6s '41, ww deb rights 94% 9454 9454 Paramount Broadway 554s '51 3656 3654 3654 Paramount F. L. 6s '47 36 36 36 Paramount Publix 554s '50 3654 3654 3654 Warner Bros. 6s '39, wd 55 5354 5354 Net Change + 54 - Vs + Vs -% +2 +1 Sales 21 Together for the first time! CLARK GABLE and CLAUDETTE COL BERT are co-starred in a grand ro- mance, "It Happened One Night," which Frank Capra has made into one of 1934's ten best. V Mm mJ\ A great director and great writer, Lewis Milestone and Laurence Sel- lings— merge their brilliant talents in a kaleidoscope of life and love, "RED SQUARE," now in pro- duction. REPORTS OF 3 WARNER HITS FEATORE WEEK'S NEWS THE ROXY ROCKS with laughter as Blond 'ell breaks loose at Broadway premiere of 'I've Got Your Number', first phone-fun film.* LOOKING AHEAD to early release of 'Gam- bling Lady' are stars Stanwyck and Joel McCrea, as Warner cut- ting room gets 'full speed' order for immediate print shipment. HEAVEN AND HAL brought to screen when Hal LeRoy hoofs for unique 'Goin' To Hea- ven On A Mule' num- ber in Warners' coming musical mammoth, 'Wonder Bar.' ° 'TRIUMPH FOR ALL', superlatives Variety Daily after first view of 'As The Earth Turns', next dramatic special from Warner Bros.* PRESS GREETS author Bruce Lockhart's arrival from England on transcontinen- tal tour for 'British Agent', Warner best- seller which will star Leslie Howard. ° *A Warner Bros. Picture °A First National Picture Vitagraph, Inc., Distributors PARAMOUNT annou pictures for F e b r u a and t iv e with the 30 International "Search for Beauty"Contest Winners and Larry"Buster" Crabbe, Ida Lupino, Robert Armstrong, James Gleason,Roscoe Kams and Toby Wing Directed by Erie Kenton e Februar IN D with Charlie Ruggles, Mary Boland, W. C. Fields, Alison Skipworth, George Burns and Gracie Allen Directed by Leo McCarey Release date February 9 es five release ! tave "IT I SYLVIA SI F RE D Rl C MARC H in GOOD DAME Directed by Marion Gering. A B.P.Shulberg Production Release date February 16 i n "B O L E R : O" with Carole Lombard, Sally Rand, the Fan Dancer, and Frances Drake Directed by Wesley Ruggles R e 1 ease date Februar y 2 3 EDMUND LOWE VICTOR McLAGLEN in NO MORE WOMEN A Charles R. Rogers Production. Directed by Albert Rogell Release dare February 23 if it's a PARAMOUNT PICTURE — it's the best show in town! MOTION PICTURE DAILY 6 Civic Leaders Among 100 for Board Places (Continued from page 1) tives, active business men, heads of utility corporations and other prom- inent representatives of outstanding civic units. The recommendations may be sub- mitted to the selection committee, which meets again Feb. 8 to complete choices for Detroit, Cleveland, Boston and Chicago zones. All outside mem- bers first will have to be approved by the Code Authority before Divi- sion Administrator Sol A. Rosenblatt puts his official stamp of approval on them. Aim at Redrafting Vaude Code Terms (.Continued from page 1) be set up to deal with vaudeville mat- ters since there is no clause in the code for the special handling of protests from this source of entertainment. About 50 complaints reached Execu- tive Secretary John C. Flinn yester- day and he is referring them to the committee. Absence of Dorothy Bryant, execu- tive secretary of Chorus Equity, from the general meeting at the Astor Wednesday caused quite a stir. Mrs. Bryant explained yesterday that she was satisfied with the code as it stands, having worked on it for three months, and there was no reason for her attendance. Objections to paying chorines $35 weekly while working and $3 a day while laying-off between shows were registered by vaudeville interests who stated that they could not afford the provisions set in the code. Various recommendations have been made and will be submitted to the committee, which will sift the grievances and recommendations. ITOA, Allied Both Hold Back Assents (Continued from page 1) ticipated Rosenblatt will himself draw up a basic wage scale. Allied of New Jersey's reason for withholding assents is that the organi- zation wants to wait until a decision is handed down by the court on un- qualified compliances. The case of Congress Theatre, Newark, comes up Feb. 20, in the U. S. District Court, or eight days before the new deadline for returning compliances. Rosenblatt May Fly Washington, Feb. 1. — Division Administrator Sol A. Rosenblatt is expected to return here from the coast on Monday. He may fly from Hollywood. Hollywood. Feb. 1. — Rosenblatt, washing up his Hollywood trip today with visits from delegations repre- senting the Academy, extras, camera- men and independents and Central Casting, said code problems will bring him to Hollywood intermittently. Expect Government Aid for Authority (Continued from page 1) actions complained of do not meet with the approval of the Administration. In the film case, however, it is in- dicated that the Administration will defend the Code Authority, whose de- mand for unequivocal acceptance of the code is said to have met with the approval of Washington officials. Pending a decision in Washington as to whether the Government will defend the Code Authority in Allied's Congress Theatre suit members are inclined toward hiring an attorney to defend them as a group with the in- tention of having him work with any NRA attorneys chosen to defend Division Administrator Sol A. Rosen- blatt. This proposal, not yet acted on, would relieve Code Authority mem- bers of what is regarded as an unfair burden if they were obliged to retain personal attorneys at their own ex- pense on an action affecting the code. This was felt to be particularly fair to such members as Charles L. O'Reilly, Ed Kuykendall, Nathan Yamins and W. Ray Johnston, who are without company or organizational counsel and would otherwise be re- quired to retain personal counsel in behalf of a purely code action. If the proposal is approved, the Code Authority would set aside an appropriation for the purpose which would be charged later against Code Authority costs and borne propor- tionately by the entire industry, in- cluding Allied's own members who sign the code. Fred Wood, of Cra- vath, De Gersdorf, Swaine & Wood, appears to be a likely choice for Code Authority counsel if the proposal is approved. Roxy-RKO Deal Ends Booking of "Glamour" and "Imita- tion of Life" into the Music Hall will wind up a special agreement between the Roxy and RKO on an exchange of bookings. The two Universal pictures, originally bought by the 7th Ave. house, will be substituted for two Ra- dio pictures intended for the Music Hall. No dates have been set on the bookings. Riot at "Brand" Opening Portland, Ore., Feb. 1. — Disorder marked the showing of 'S. A. Man Brand," depicting the triumph of Hit- lerism over Communism, today when 500 stormed and picketed the Taylor Street Theatre carrying banners read- ing "Down with Hitler." Five were arrested. Billboard Bills In Albany, Feb. 1. — Creation of a state billboard bureau for taxation and regu- lation of roadside signs is the aim of two bills introduced in the Legislature today. Some types would be pro- hibited and the location of all would be regulated. Lovelace on the Job Hunter Lovelace took over D. A. Doran's post as head of the eastern story department of Fox yesterday morning. His new assistant, John Mock, also went to work. Academy and Unions Talk To Rosenblatt (Continued from page 1) huddle with Charles W. Cunningham, Los Angeles district administrator for the NRA. Rosenblatt leaves tonight. After discussing all codes yesterday with civic and amusement leaders at the Breakfast Club Rosenblatt took up a number of labor problems. I. A. T. S. E. groups were headed by Richard J. Green, who protested against limita- tion of union hours. Rosenblatt re- ferred these matters to the Studio Labor Board. Charles Leesing, rep- resenting smaller labor groups, was also heard. Later Rosenblatt took up with a committee of legitimate theatre oper- ators for alleged violations of their cod by issuing throwaway passes. On this committee were Homer Curran. Edward Belasco, E. E. Give and George K. Arthur. Will H. Hays and representatives of the Producers' Ass'n. also called. An agents' group consisting of George Frank, Scotty Dunlap, Phil Berg, Charles Feldman, William Mor- ris, Jr., Morris Small. Ralph Blum. Mike Levee and Arthur Landau pro- tested against any producer time op- tion to curb their negotiation of new contracts. During all conferences Rosenblatt implied the codes provided serious penalties. Senate Going Into Musicians' Racket Washington, Feb. 1. — Racketeer- ing activities among New York the- atre musicians were today under con- sideration by the Senate committee investigating racketeering, following the testimony of witnesses yesterday that orchestra players were required weekly to turn back part of their sal- aries to theatre managers. Cases where musicians who refused to "kick in" were waylaid by gang- sters and beaten were recited before the committee by witnesses. The testimony charged that the New York local musicians' union was under the domination of the American Federation of Musicians. Group Starts West Dr. A. H. Giannini, chairman of the executive committee of the Bank of America, National Association, Los Angeles ; Joseph M. Schenck, president, Al Lichtman, vice-president in charge of domestic distribution, LJnited Artists, and Arthur Stebbins, left for Hollywood yesterday. Adler Joins Tower Bert Adler has joined the Tower Magazine group as associate editor in charge of promotion. The maga- zines, sold over the counter in the Woolworth stores, are New Movie, The Home, Detective Stories and Love Stories. Garrison House Is Sold Garrison, Wyo., Feb. 1. — R. A. Walker has sold the Lyris to J. C. Burton. 1' Friday, February 2, 1 9^4 No Film Move Looked for in Congress Nom (Continued from page 1) with legislation or introducing otic forms of governmental pressure. Conferences are scheduled betwee Congressman Sirovich and Divisic Administrator Sol A. Rosenblatt ; soon as the latter returns from Cal f ornia. Other members of Congrc: ■ and some Government officials ms. participate, because Sirovich is said i believe that block booking can be li by changes in the copyright laws. The conference was suggested 1 General Johnson, Sirovich declare adding that it probably was an ou growth of the situation arising whi President Emeritus Lowell of Harva: refused appointment as a Governme representative on the Code Authori because of his objection to the incL sion of the block booking proviso) in the agreement. Sentiment is also being massed b hind the bill introduced during the sj. cial session by Congressman Patm of Texas, providing for the establis ment of a commission, with powers I censorship, to control the industi However, it is not believed that a action will be taken on the measi i this session, in view of Preside Roosevelt's expressed desire that Cc gress confine itself to matters major importance, in order that 1 session may not be unduly prolonge* Despite adoption of the film o and the Senate investigation of W Street, agitation for a full investij tion of the industry has not died do'. Members of the House interested the subject are shortly to meet w Representative Sirovich to consii whether to push his resolution of vestigation. Congressman Sabath Illinois, the New York member s; is urging action on the resolution. Federation Delays Advertising Actit No immediate action by the Fee ation of the M. P. Industry is in pi pect on submitting advertising member companies to the M. P. D. A. advisory department headed 1 J. J. McCarthy. The move was ommended by the standards comi j tee of the Federation several wcj ago. but awaits action by a gen J membership meeting. None is scl 1 uled at this time, due to the abse 1 of Harry Thomas, president, whllow : First, Hardie Meakin, RKO Keith's, 'ashington, D. C, golf set; second, man- per Majestic, Reno, $50 watch; third, Don ichols, Broadway, Charlotte, N. C, wrist atch; fourth, J. Golden, Palace, Rochester, lliard table; fifth, Howard Waugh, War- ;r. Memphis, auto radio; sixth, R. D. 7alsh, Lafayette, Buffalo, traveling robe; venth, George Landers. E. M. Loew's, artford. traveling robe; eighth, manager ialto, Atlanta, radio set; ninth. Sonny lepherd, May fair, Miami, radio set; 10th, 7illiam Leggiero, Ritz, San Bernardino, radio set. Jack Cohn Returning Hollywood. Feb. 1. — Here since aturday, Jack Cohn of Columbia has ;cided to start back tomorrow night, le has been discussing the new sea- on lineup with Sam Briskin and tarry Cohn. Gartner in New Post Charles L. Gartner has been named ublicity manager of the foreign field y Paramount. Albert Deane con- nues as director of publicity and ad- ertising for Paramount International orp. Schenck Set on Trip Nicholas M. Schenck, president of oew's, Inc., and M-G-M, sails for lollywood on the Pennsylvania to- lorrow. Mrs. Schenck is accompany- ig him. {Continued from page 1) border in Canada in favor of a con- centrated drive here. Whether or not the suggestion has been adopted by the French Govern- ment could not be learned yesterday, although those familiar with the situ- ation leaned toward the opinion it had not, as yet. Robert Hurel, well known French film man, is in this country, having ar- rived on the He de France Wednes- day. An impression afloat yesterday was his trip here at this time may have something to do with the above scheme, although Hurel could not be reached yesterday for a statement on the purpose of his American visit. Miss Bourke-White To Do Soviet Film Margaret Bourke-White, art pho- tographer and authority on Soviet sub- jects, will make two shorts on Soviet life for release by the Van Beuren Corp. under a contract closed yester- day by Fitelson & Mayer, attorneys for Miss Bourke-W'hite. The pictures will be compiled, edited and recorded under her supervision from negatives made by her in Russia. She will also supply explanatory dialogue. Monogram Buys Five Five story purchases have been com- pleted by Monogram for the company's tentative schedule of 36 features for 1934-35 production. The stories are: "Heads Up," by Adele Commandini ; "The Right Man," by Albert Payson Terhune; "Women Who Kill," by Frederic and Fanny Hutton ; "Twenty Years," by Robert F. Roden, and "Sing Sing Nights," by Harry Stephen Keeler. Dissolve Far Eastern Dover, Feb. 1. — Far Eastern Thea- tre Co., a Delaware corporation oper- ating in China, was declared dissolved by the State Department here today. The dissolution was voluntary, more than two-thirds of the stockholders giving their consent at a recent meet- ing in Shanghai, China. Goodman Starts West Delbert Goodman, Far Eastern dis- trict manager for Fox, who has been in New York for home office confer- ences with Clayton Sheehan, left yes terday for California. After confer- ences at the studio he will, go to Japan. LeMaire to Produce Hollywood, Feb. 1. — Rufus Le Maire, talent scout, will quit 20th Century May 1 to produce three plays on Broadway with a summer stock company, following which he will re- turn to the coast for a spot with a major studio. Quigley to Coast Martin Quigley left yesterday for Palm Springs, Cal, en route to Holly- wood. Rowland Forms His Own Producing Unit Dover, Feb. 1. — Rowland Prod., Inc., has been chartered here to pro- duce and distribute films, listing cap- ital of 1,000 shares^ no par value. The incorporators are J, Vernon Pimm, Albert Bauer and R. L. Spurgeon, all of Wilmington. New York offices of William Row- land and Monte Brice were closed yesterday following dissolution of the producing association earlier in the week. Rowland, who planned to leave for Hollywood today to begin independ- ent production under the newly in- corporated company name of Rowland Prod., was delayed in winding up af- fairs here and will not leave until the first of next week. Brice's fu- ture plans are still undetermined. "Moulin Rouge" Tour Is Set Under Way The "Moulin Rouge" caravan was sent on its way yesterday on its ex- ploitation tour of the 20th Century re- lease. Washington, the first stop, was reached last night. The players will leave the national capital today for the next hop. Seek Theatre Walkathons Springfield, O., Feb. 1. — To at least partially remove walkathons from direct theatre competition by booking this class of amusement in connection with vaudeville, is the ob- jective of the Gus Sun Booking Agency here. According to Bob Shaw, general manager of the agency, endurance con- tests will be booked direct with theatre managers for presentation in houses now dark. Goldsmith Unit Moves Hollywood, Feb. 1. — Ken Gold- smith has moved his production unit from the Beachwood Studios and is now operating at Talisman. First pic- ture at the new studio will be "I Hate Women." Audrey Scotto will direct. Busby Berkeley to Wed Hollywood, Feb. 1. — Busby Berke- ley and Merna Kennedy have filed their intentions to wed. If their present plans work out, the pair will have the ceremony performed in Hol- lywood on Feb. 10. Muni to Report March 1 Hollywood, Feb. 1. — Paul Muni, now in Italy, is expected to report at Warners on March 1. At that time the studio will have an original star- ring vehicle for him in readiness for production. Neil Agnew in Detroit Detroit, Feb. 1. — Neil Agnew, sales manager for Paramount, today con- ferred with the local exchange sales force in connection with the Victory Drive. From here he goes to Chicago and then Milwaukee. 7 Coast Editors Want Less Picture News Santa Barbara, Feb. 1. — A protest to news wire services against over- emphasis of Hollywood affairs, to the exclusion of more important general news was voiced by editors at the 46th annual convention of the California Newspaper Publishers' Ass'n. held here recently. A committee was ap- pointed to ask the wire services for a change of policy which would result in an increase of news items from other California cities and a corre- sponding decrease in Hollywood news put on the wires. Representatives of the wire services admitted that an average of 48 out of every hundred news items put on the wires from Southern California would bear a Hollywood date line, but added that "few complaints had been received because hourly reports were sent out on Greta Garbo's recent motor tour." Virginia to Merge Open Sunday Bills Richmond, Feb. 1. — Sunday law amendments now before the House Committee on Morals and Social Wel- fare will be lumped into one bill, the committee has decided. A sub-com- mittee will prepare the omnibus bill. The bills include the English bill legalizing the sale of gasoline and oil, and Sunday athletic contests between the hours of 2 :30 P.M. and 7 :30 P.M., except boxing and wrestling. The English bill setting up referen- dum machinery for Sunday films. The McMurran bill setting up ma- chinery whereby localities through popular vote or action of local legis- lative bodies may legitimatize all Sun- day amusements. Special Casts New Idea for Trailers A new departure in de luxe trailer preparation is being employed by Na- tional Screen Service in the hiring of its own casts to reenact feature pic- ture scenes for trailers. The proce- dure is used only on trailers for a selected list of pictures. Recent trailers on Warners' "Hi, Nellie," "Fashions of 1934" and "I've Got Your Number" employed this procedure. National Screen has no cooperative arrangement with War- ners, who make their own trailers for the company's product. May Dissolve Television Wilmington, Feb. 1. — Standard Television & Electric Corp., of New York, a Delaware corporation, will hold a stockholders meeting in New York on March 1 to take action on a resolution to dissolve. Stock transfer books have been closed. Rivoli May Get 'Empress* "The Scarlet Empress" is expected to be dated into the Rivoli as the sec- ond of a three-picture deal arrived at when United Artists took over the house from Publix. First Paramount picture under the agreement was "Duck Soup." Roxy Books "Hips" The Roxy has closed with Radio for "Hips, Hips, Hooray," starring Wheeler and Woolsey and will spot in the week of Feb. 22. RADIO CITY A SAMUEL GOL A has FOUR WEEK TWO WEEKS AT THE MUSIC f I J 10 MOTION PICTURE DAILY Friday, February 2, i Purely Personal ► insiders' Outioc Sees Central America Film Market Gains With conditions in Central America looking "very good" for 1934, greater profits are promised the American industry from that territory in the days to come, it was asserted by John B. Nathan, general manager for Paramount in Central America, in an interview yesterday with Motion Picture Daily. One reason for his belief, said Nathan, was that political conditions in the Central American countries had acquired stability, with stronger government the result. With revolu- tions no longer the rule down there, the people are finding more time to go to the theatres, he remarked. Another reason he gave was what he termed the "good neighbor policy" of President Roosevelt, which he credited with "going a long way toward improving relations between American and Central American business." He said his belief was further backed by the fact that there has been "a gradual increase in wired houses in the Central American countries." Nathan asserted American-made pictures were still preferred by audi- ences in Central America, with the demand being chiefly for films with a minimum of dialogue and a maxi- mum of action. "The people down there," he as- serted, "are getting to like American talking films more than ever because they are cutting down on the dialogue and giving more attention to action." Lackey* s Mother Passes Hollywood, Feb. 1. — Mrs. Carrie Truesdell, mother of William T. Lackey, Monogram producer, has passed away. She was 61 years old. "Palooka" Show Feb. 6 Local trade showing of "Palooka" will be held at the Astor at 11 A. M. on February 6. United Artists will shortly release. 50 Million Radio fans are waiting for this film. Booked solid in RKO Metropolitan Theatres State and Foreign Rights for Sale Metropolitan Bookings available. Inter Americas Film Corporation 50 East 42nd Street, New York City MADELEINE CARROLL will be the guest of the publicity de- partments of Fox and Gaumont Brit- ish at a tea dansante this afternoon it the Waldorf-Astoria Andre Chalus, directing head of Film Union, S. A., distributors of Radio pictures in France, Belgium and Switzerland, is conferring with home office executives. Abel G. Warshawsky, brother of Sam, the press agent, will hold an exhibition of his paintings at the Newhouse Galleries here beginning tomorrow and continuing to Feb. 24. Fred Stone, his daughter Carol, Tamara, Blanche Yurka, Alice Hughes and Elizabeth Arden were Ampa guests yesterday. Tess Mi- chaels conducted the regular session. Lew Preston is back from a vaca- tion in the south. Hollywood, Feb. 1. — Ida Lupino, who wears a 53-year-old make-up for Paramount's stock company play, "Double Doors," dropped into the studio publicity department the other day and for once they did not fall all over her. In fact, they gave her the cold shoulder, thinking she was some- body's pestering mother and kept try- ing to shift her to somone else. • Lanny Ross' initiation into pictures took place at the Paramount under ad- verse conditions. The first day's call was for 10 o'clock on the set. He sat around in his makeup until five when the company decided to let him strut his stuff. He had barely started on his lines when it was radio time. So he dashed over to the RKO studios for the "Showboat Hour" then back to Paramount to complete his day's work. • Pert Kelton has given up her 20 room menage in the Los Feliz hills because it was too spooky. She will probably return to her old suite at the Warner-Kelton hotel where spooks have to be announced before entering. Denver Women Show Foreign Film Series Denver, Feb. 1. — Two Denver society women, Mrs. William H. Downs and Mrs. Will Shaffroth, are making a profit on the showing of foreign films here. They lease the Bluebird, a neighborhood house, for the day, and promote among local social circles dinner parties and the like on the day the film is shown. So far they have shown two and have arranged to show four more. Lehman Leaves Hospital Kansas City, Feb. 1. — Lawrence Lehman, manager of the RKO Main- street, has left Menorah hospital where he was confined a week for observa- tion and treatment. Jack Gross, lately with RKO in Sioux City, la., was re- lief manager. HAM FISHER, originator of the comic strip "Palooka," was host at a private showing of the picture to all local sport editors and fight writers last night. Joe Morrison departs for the coast tomorrow to make his debut in films for Paramount, which has him signed to a long-termer. Hal Horne, as usual, is giving everybody credit for the campaign on "Nana" — everybody but himself. Frank McCarthy, eastern district manager for Universal, is basking un- der the Miami sun these days. Sinclair Lewis has sold "Work of Art" to Fox. It will have a cellection of Fox names in the cast. Freddy Rich and his orchestra have been signed for a Vitaphone short. Frances Drake was a well known dramatic actress when she came out here under contract to Paramount. To- day, she's one of the screen's most consistent dancers. She's been danc- ing in three successive pictures. What's more, she had to learn to dance be- fore being able to fill her first as- signment. • Clarke Gable is studying the art of fisticuffs under the tutelage of Mike Cantwell, who teaches the stars how to take care of themselves — in case. • Ted Healy's new nickname is "Mul- ticolor." He showed up at M-G-M the other day attired in a red, white and yellow checkered sweater, a blue and green tie, a green coat, yellow trousers and a purple pocket handker- chief. And every day he changes the color scheme. • Being elected one of the 10 best dressed men in the world by a group of international tailors brings fond recollections to Adolphe Menjou — a time when he worked his way through Cornell as a campus representative for a clothing house. Waugh Battles for Kentucky Openings Memphis, Feb. 1. — Howard Waugh, Warner zone manager, won a "moral victory'- recently in the opening gun of his fight to open the Warner theatres in Kentucky on Sunday. Paul Wyckoff, manager of the Princeton, was arrested for operating on Sunday, but his trial resulted in a "hung jury," the jurors being unable to reach a verdict, which is regarded by Waugh as something of a victory. The case will be tried again later. Several of the Warner houses in Kentucky are running on Sunday in towns where there seems to be no ob- jection to Sunday shows despite the state regulations. Fulton, Ky., just across the state line from Tennessee, draws a large patronage from this state for its Sunday shows. (Continued from page 2) on schedule for Omaha. Chi cago and Boston. Undoubted!; wires of the same tenor will df. velop from those points a well. . . T Advertising doesn't mean thing? Oh, yeah! The splab campaign on Sten and "Nana"- $47,000 of it— had 'em standir, eight abreast at the Music Ha yesterday morning, snow an all, as the big house threw ope its doors fifteen minutes ahead c schedule to take care of the cu= tomers. The picture, on the basi of its opening, will hold forth a the house for two weeks. That' definite. Also set, according t United Artists, are two weeks t follow thereafter at the Cen ter. . . ▼ Definite, too, are complication with the Loew circuit, for year a U. A. franchise holder, sine the Center is not a first iu house and because U. A. play the Loew string, not RKO whic is what the Sten film will be do ing when it moves down 6t Ave. .. "Nate," meaning N. L Nathanson, is not too happy ove that Poli deal . . . Fanchon an< Marco's dicker, drummed up b Harry Arthur, is in complica tions. The one with Fox Wes Coast for houses up and dow- the Pacific Slope. . . kax: Feist in K. C. Confer em Kansas City, Mo., Feb. 1. — Den opment of sales policies for the balan of this year's product and of sal plans for next season is reported he to be behind Felix Feist's visit M-G-M exchanges. Today he co ferred with District Manager Han P. Wolfberg and Branch Manag Frank Hensler. Tomorrow night Fe: continues westward. He is accor panied by Allan Cummings. St. Louis Deal Approve* St. Louis, Feb. 1. — Circuit Jud; Ryan today approved the agreeme under which the Fox Theatre receiv leased the house for $1,350 a week the Eden Theatre Co. with profits be split equally. The lease is to co tinue until the present receivership terminated. Observe Review Progret The 25th anniversary of the foun< ing of the National Board of Revie will be reviewed at a three-day a nual conference to be started at tl Hotel Pennsylvania Feb. 8 and co tinued through the 9th and 10th. Var ous groups interested in films will 1 represented. Board to See "Catherine A private screening of "Catherii the Great" will be held by Unite Artists at the New School for Soci Research the evening of Feb. 8 f( members of the National Board i Review and delegates to the board annual conference. Hollywood On Parade By BILL SWIGART QOalcL In (^Jnl:a=(~Jjtn(^ e I i a n c e <^P i c i u v e (^Produced, by (Edward cfvn all FO GAYNOR LIONEL BARRYMORE tfl it CAROLINA ROBERT YOUNG • HENRIETTA CROSMAN" RICHARD CROMWELL • MONA BARRIE STEPIN FETCHIT Directed by HENRY KING. From "The House of Connelly" by Paul Green Your patrons always like FOX MOVIETONE NEWS 0* tad udl&le, ibzc/e, ^dQL Carolina" crashes into top-money brackets New star combination proves spectacular success .... as pre-release engagements play to S. R. O. business. Thundering applause greets greatest performances of two great stars. The word is out: FOX has made another "State Fair." "More pictures like 'Carolina' and we could pay off the national debt. Greater than 'Paddy' and 'State Fair'. Expect phe- nomenal 3 week run." "Widely enthusiastic audience packed theatre for opening. Throngs crowded street unable to get tickets. Laughter and applause throughout." daY rece» ottke at re Qoo tory re9 re ce»P So* ts, or »\ay day in9 cap* i c\ty andP s\oos day- res* co mm en*- 14 MOTION PICTURE DAILY Friday, February 2, 193 Looking Over Shorts "Scandals" Is Kansas City's Top, $20,000 Kansas City, Feb. 1. ■ — Eddie Cantor in "Roman Scandals" at Loew's Midland swamped all opposi- tion and ran away with the week's first run honors at $20,000, almost double the normal take. A big campaign and the Midland's 25-cent price brought in many from the suburban sections. The only other attraction to exceed average business was "I Am Suzanne," which grossed $600 above a median $3,000. Total for the week was $35,500. Average is $27,000. Estimated takings : Week Ending Jan. 17: "EIGHT GIRLS IN A BOAT" (Para.) NEWMAN— (1,800), 25c-40c, 6 days, plus Saturday midnight show. Gross: $5,900. (Average for 6 days, $6,000) Week Ending Jan. 18: "COUNSELLOR AT LAW" (Univ.) MAINSTREET — (3,049), 25c-40c, 7 days. Gross: $6,000. (Average for straight films, $7,000) Week Ending Jan. 19: "ROMAN SCANDALS" (U. A.) MIDLAND— (4,000), 25c, 7 days, plus Sat- urday midnight show. Gross: $20,000. (Av- erage, $11,000) "I AM SUZANNE" (Fox) UPTOWN — (2,000) , 25c-40c, 7 days. Gross: $3,600. (Average, $3,000) "Women" Piles Up $15,000 in Denver Denver, Feb. 1. — "Little Women" piled up $15,000 at the Denver. This is double the normal take. The pic- ture was moved to the Paramount for a second week. "Going Hollywood," helped by a stage show, packed the Orpheum dur- ing the early part of the week and then tapered off. The $13,000 take was over average by $3,000. "Miss Fane's Baby Is Stolen" was taken out of the Denham at the end of six days. Total first run business was $37,- 500. Average is $29,750. Estimated takings for the week end- ing Jan. 25 : "CANDLELIGHT" (Univ.) ALADDIN— (1,500), 25c-40c, 7 days. Gross: $4,000. (Average. $3,500) "MISS FANE'S BABY IS STOLEN" (Para.) DENHAM— (1,500), 25c-30c-40c, 6 days. Stage show. Gross: $4,500. (Average, $6,000 for week) "LITTLE WOMEN" (Radio) DENVER— (2,500), 25c-35c-50c, 8 days. Gross: $15,000. (Average, $7,500) "GOING HOLLYWOOD" (M-G-M) ORPHEUM — (2,600), 25c-35c-50c, 7 days. Stage show. Gross: $13,000. (Average, $10,- 000) "ADVICE TO THE LOVELORN" (U. A.) PARAMOUNT— (2,000), 25c-40c, 7 days. Gross: $3,000. (Average, $2,750) NOW AVAILABLE FOR THE STATE-RIGHT MARKET IDEAL PICTURES CORP. M. J. Kandel, Pres. 729 — 7TH AVENUE NEW YORK ''Pirate Treasure" ( Universal) In the first three chapters of this serial Richard Talmadge supplies an amazing amount of action. Audiences which like fights on roofs, crazy automobile chases, automobiles div- ing off the docks into the water, leaps off bridges onto moving trains and other stunts will go for this one, but the appeal is mostly for young- sters. Talmadge returns from a round the world airplane flight and tells his Aero Club friends he is going to fit out an expedition in search of buried treasure. A gang tries to steal the map. The film is smartly cut with in- serts of crowds to give it production value and the photography is good. Each sequence runs about 20 minutes. "Ross-Petrolle Fight" (Garden Films, Inc.) Photographed with a telescopic lens, the Barney Ross-Billy Petrolle fight pictures are exceedingly clear on the screen. The actions of both men, their punches and defenses, register vividly. The sound is blurred, and only the announcer's and referee's voices register clearly. Federal law prohibits inter-state transportation of fight films. Running rime, 20 mins. "Goofytone Newsreel" (Universal) This is a satirical take-off on some features of regular newsreels. In one sequence there are goofy interviews on prosperity with a street cleaner, plumber and housewife ; a double- decker supper preparer is described in another ; still another has a big race that switches from horses to autos, to motorcycles, to trotters pull- ing sulkies and back to autos. It's entertaining. Running time, 9 2/3 mins. "Pettin' in the Park" (Vitaphone) One of the "Merrie Melody" series in which a cartoon cop gets into a series of escapades with the "Pettin' in the Park" song from "42nd Street" running through the strip. Birds and animals join in the music. Very good. Running time, 7 mins. "Paramount Pictorial" (Paramount) This latest pictorial is of the con- ventional type, featuring shots of an old mill, the formation of frost on a glass pane, shot through a microscope, and Billy Hill, composer of "The Last Round-Up," singing his songs. Run- ning time, 10 mins. "Gold Nuggets" (Paramount) An amusing short, featuring Walter Catlett, and having a story laid in a western mining town. Catlett is him- self, and uses several of the charac- ters capably as foils for his gags. Running time, 18 mins. "Little Jack Little" (Vitaphone) Seven song hits are introduced with Little Jack Little seen through a hole in the title sheet playing a piano. Scenes shift as Lester Cole, Gloria Talmer, George Taps. Virginia Mc- Naughton and Vercell and Sinnott sing. The songs are: "Hold Me," "Jealous," "Ting-a-Lings," "Oceans of Love by the Beautiful Sea," "In a Shanty in Old Shanty Town," "Be- cause They All Love You" and "At the Baby Parade." Very well done. Running time, 9 mins. "Mickey Shanghaied" (Disney-U. A.) Mickey and Minnie are imprisoned in the captain's stateroom on a pirate ship and the crew is singing "The Captain's Got a Lady" when this one opens. Minnie is tied to a bedpost and Mickey is roped to a chair. In escaping they put the captain through some hot antics and do some exciting chases through the rigging. Good for a number of laughs. Running time, 8 mins. "Strange as It Seems" No. 36 (Universal) Ten subjects are shown. One of them is a lemon tree in Mexico that grows lemons bigger than grapefruits. Another is a machine that makes screws for watches, a sorter of goat hair in a mohair velvet factory, a herb dispenser in Mexico, a man who makes his own paper and books, a dripping well that solidifies things, and some nice scenes from Bali. Bet- ter than the usual run of these sub- jects. Running time, 10^ mins. "Private Lessons" (Vitaphone) Hal LeRoy breaks into a dancing school trying to sell foot attachments that furnish double taps for tap dancers and in no time is engaged as an instructor. All the girls try to make him, and finally introduce com- plications into his romance with Dawn O'Day. Four song numbers, "Follow Me," "Let's Dance," "Red-Headed and Blue" and "You-oo" keep it run- ning in lively fashion. Running time, 22 mins. "Sea Killers" (Param-ount) A "Vagabond Cameraman" adven- ture that is a thriller. After buried treasure, the adventurers encounter various denizens of the deep, and by means of an automatic camera, the death struggle of a diver and an octopus, in which the man loses, is recorded. Running time, 32 mins. "Song Hits" (Vitaphone) This "Pepper Pot," featuring the song hits of Roy Turk, falls below the average set by preceding members of this series. Turk's songs are sung by radio and phonograph artists with the composer at the piano for some of the numbers. Running time, 11 mins. "Suzanne" Is $73,000 Draw At Music Hal "I Am Suzanne" stirred up the bi; gest box-office activity in town la week at the RKO Music Hall with $73,000 take. This was a decided ii crease over the previous week. Grosses were up generally. "M" Fane's Baby Is Stolen" with Edd Cantor on the stage, took a stror $53,000 at the Paramount, and "Ga lant Lady" demonstrated streng' with a gross of $31,390 at the Rivo "Fashions for 1934" sent the Strar up to $17,309. "Eskimo" was weak at the Capitc dropping the gross to $28,094, undi the previous week's draw on "Fug tive Lovers" by more than $4,000. Estimated takings : Week Ending Jan. 24: "I AM SUZANNE" (Fox) RKO MUSIC HALL— (5,945), 35c-$1.65, days. Stage show. Gross: $73,000. Week Ending Jan. 25: "ESKIMO" (M-G-M) CAPITOL — (4,700) , 35c-$1.65, 7 da> Stage show, Don Albert and Orchestt Gross: $28,094. "FASHIONS OF 1934" (Warners) HOLLYWOOD— (1,545), 25c-85c, 7 da> Gross: $17,309. "DESIGN FOR LIVING" (Para.) PALACE— (2,500), 25c-75c, 7 days. Stag Gertrude Niesen and others. Gross: $1. 200. "MISS FANE'S BABY IS STOLEN" (Para.) PARAMOUNT— (3,700), 35c-99c, 7 da) Stage: Eddie Cantor and others. Gros $53,000. "CROSS COUNTRY CRUISE" (Univ.) ROXY— (6.2O0), 25c-65c, 7 days. Stag Trixie Friganza, Vera Van, Rube Wolf ai others. Gross: $20,000. "MASSACRE" (Warners) STRAND— (2.000). 25c-$1.10, 7 days. Gros $18,659. Week Ending Jan. 26: "LET'S FALL IN LOVE" (Col.) RIALTO— (2,200). 25c-65c, 7 days. Gros $10,500. "GALLANT LADY" (U. A.) RIVOLI— (2.200), 35c-99c, 7 days. Gros $31,390. "SITTING PRETTY" (Para.)— 4 days "WHITE WOMAN" (Para.)— 3 days RKO CENTER— (3.700). 25c-55c, 7 da^ Gross: $11,200. Week Ending Jan. 28: "QUEEN CHRISTINA" (M-G-M) ASTOR— (1.012). 55c-$2.20. 5th week, days. Gross: $16,800. Week Ending Jan. 29: "16 FATHOMS DEEP" (Monogram) MAYFAIR— (2,300), 35c-85c, 11 dV Gross: $15,300. MOTIOt PICTURE ALMANAC 1934-55 A/OHr /A/ PMPA/IA r/OA/ Coming: A Fourth Year of ACHIEVEMENT SINCE Eastman Super-sensitive Panchro- matic Negative was introduced early in 1 9 3 i , its revolutionary qualities have fulfilled every hope and prediction of its sponsors. It has helped cameramen and producers so tre- mendously ... it has affected the motion pic- ture art so profoundly ...it has contributed to so many cinematic triumphs, that a further prediction can now be made: In its fourth year, as heretofore, this Eastman film will be an important factor in the most conspic- uous motion picture achievements. Eastman Kodak Company. (J. E. Brulatour, Inc., Dis- tributors, New York, Chicago, Hollywood.) EASTMAN Super-sensitive Panchromatic Negative YOU DON'T PAY FOR EXPERIMENTING WHEN YOU USE UTOMAT || f • GOLD SEAL V» ICKET I The Quardians of Qash Receipts THE BOX OFFICE IS THE HEART OF YOUR THEATRE PROTECT IT WITH AUTOMATIC COLD SEAL TICKET REGISTERS — ® — FOR TWENTY YEARS The Standard Modern Means For Handling Ticket PROTECTION Protect cash receipts and safeguard the net profits. Prevent collusion and the resale of tickets. Prevent the use of counterfeit and misap- propriated tickets. Keep tickets securely under lock and key. ACCURACY SPEED Maintain an unfailing, unchangeable and accurate record of ticket sales. Facilitate accurate, dependable and quick audit. Furnish double check on ticket sales. Leading theater circuits throughout the world endorse Automatic Gold Seal Ticket Registers Serve your patrons faster and more co veniently. Prevent "walk-aways" by reducing waitii lines. CONVENIENCE . . . Simplify the cashier's work and promc accuracy by eliminating lost motion ticket selling and change making. Tickets may not be removed from tick booth at night but remain safely in t' registers after their mechanism has be locked. Accurate registration simplifies audit. GENERAL REGISTER CORPORATE 1540 BROADWAY Telephone BRyanf 9-6546 BRANCH OFFICES NEW YORK CIT 1 0 1 8 SO. WABASH AVE. CHICAGO, ILL. 1 726 SO. VERMONT AVE. LOS ANGELES, CAL 80 BOYLSTON STREET BOSTON, MASS. 307 NO. 13th STREET PHILADELPHIA, PA. The Leading Daily ^ Newspaper Picture Industry MOTION PICTURE DAILY Alert, Intelligent and Faithful Service to the Industry in All Branches 3L. 35. NO. 29 NEW YORK, SATURDAY, FEBRUARY 3, 1934 TEN CENTS lope to Start Some Boards On March 1st uthority Meeting Feb. 9 To Decide Efforts will be made by certain iinbers of the Code Authority to irt some of the 32 clearance and ning and grievance boards function- I around March 1, it was learned sterday. A number of the boards, selections which have tentatively been agreed on, are expected to be approved both the authority and Division iministrator Sol A. Rosenblatt at a Feb. 9 session. The meeting will held at the New York Athletic ub, starting at 2 P. M. Only those boards agreed upon and lere all members have already sent unqualified assents will be ap- (Continued on page 3) "alk with Rosenblatt On Talent Royalties Hollywood, Feb. 2. — All leaders of eative branches of the industry were ven a hearing today on plans for lent remuneration on a royalty basis a meeting called by Division Ad- inistrator Sol A. Rosenblatt. The RA representative stated he would ve the subject serious consideration id make a decision when he passes i other problems raised during his sit. Vill Decide on Suit Defense Next Week Attorneys of individual members of e Code Authority will discuss with ivision Administrator Sol A. Ros- iblatt next week upon his return om the coast an effort to determine hether the government will defend e authority in the suit of the Con- "ess theatre in Newark. The dis- ission will be handled over long- stance telephone. /We Board Rules Is Vext Committee Step J. Robert Rubin, Nathan Yamins, harles L. O'Reilly and Harold S. areford, the committee on rules for T AURA LaPLANTE, Max Gov -I— ' sta xt, Robert Ritchie, Jeanem MacDoxald's manager, and G/a. Schwartz, director of Paramouri Laboratories, Paris, are sailing toda aboard the lie de France. Mis LaPlante is on her way to make film at the Warner studio in Erg land, while Constant will fulfill a: engagement at the Drury Lane ii London. Frederick James Smith, fan mag azine editor, and Miriam Edith Gib son, also connected with fan publica tions, have tied the knot. The coupl will make their home in Scarsdak N. Y., upon their return from thei honeymoon. Andre Chalus, directing head 0 Film Union, S. A., distributors 0 Radio pictures in France, Belgiun and Switzerland, leaves for the coas tonight for conferences with corn pany executives. Margaret Slllavan flew int town yesterday for a vacation, bt expects to be recalled to the coas any minute to begin work on "Eliza beth and Mary" for Universal. Joan Lowell is returning to he native hearth aboard the Plantano c the United Fruit Lines, due in Nev York Feb. 8. She has been away on sea jaunt since last April. Dorothy Stickney, who playe the lead in "Another Language," ha been signed to a long term Para mount contract. She arrives in Hoi lywood tomorrow. Frank Dolan, former Daily Neu reporter, who has been writing on th, coast for some time, is back in Ne< York and is working on a play. Robert Hurel, well known Frenc film man. who arrived in Americ recently, is resting in Canada fror the effects of a sudden illness. Al Christie will start productio on a new Tom Howard comedy t'c Educational at the Eastern Servic plant in Astoria on Tuesday. Dick Powell begins a series < broadcasts on a coast-to-coast hoot up on Feb. 7 for a cigarette compan from the coast. Henry King is due soon in Ne'I York, where he will spend two weel looking over the Broadway offerings W eldon Heyburn has been signe by Sam Sax for a second Vitaphoi short starting Monday. Ben Pollock and his orchesti have been signed by Sam Sax for Yitaphone one-reeler. fRENE Thirer planted a swell yar. on "Devil Tiger" in the Daily Neu- the other day. Al Jolson resumes his broadcast for Kraft Cheese in New York c Feb. 8. Ricardo Cortez did lots of hanc shaking around the Tavern yesterda: Arthur Mayer sees as many as 1 pictures a week — some weeks. Clark Gable comes to town on vacation on Monday. Chico Marx has left for the coas .turday. February 3. 1934 MOTION PICTURE DAILY 3 MPPA Talk )f Federation Levey Expects Terms for Theatre Labor Sans Strike Merger Dies (Continued from page 1) hot the chief topic of consideration the gathering, is taken as evidence t the idea will be shelved, for the e being at any rate. Yith consideration of a merger lh the Federation out of the way the present, the members of the l.P.P.A. indicated at the meeting t all their efforts now would be de to establish a solid front in the ependent ranks under their own animation. .lore than 30 independents were at meeting, at which some 20 new ilications for membership were an- jnced. These will be passed upon a special membership committee, rrem Carr was named president of organization for the coming year. H. Hoffman and Ken Goldsmith re elected vice-presidents ; Larry rmour, treasurer, and Nat Levine, retary. Places were left open for 3 more vice-presidents and three re members of the board of direc- s to take care of the increased mbership. These new posts will be ed in a special election to be held en the new applicants are admitted membership. Sam Woolf has been ained as counsel. It was voted at the meeting that ■ initiation fee of S250 be waived til it could be paid. Monthly dues $25 have been eliminated in prefer- Ee of a fixed charge of $5 per re- .sed negative, with no charge for sitives as originally planned. ees No Code Shifts >/i Way for Chorines Contending that her organization >rked three months in Washington " chorus girl provisions in the code, rs. Dorothy Bryant, executive sec- :ary of Oiorus Girls Equity, stated sterday she did not believe the vernment would make any changes ecting chorines. She added the RA did not approve the provisions the code blindly and knew what it is doing in the matter of wages d hours. Asked whether she would oppose anges, if any. that may be recom- ;nded by the vaudeville committee lich meets Tuesday to make a re- rt of its findings at the general ■ssion at the Astor last Wednesday, rs. Bryant stated she would. Code Jthority will hear the report next "iday and is expected to suggest anges to the Division Adminis- itor. Opposition to Code Stirring in Denver Denver, Feb. 2. — There is consider- le local opposition to signing the de. Xow that the time limit has en extended few will say what they tend to do. Westland Theatres, Inc.. operating t of the state, and Fox Intermoun- in Division, have signed, as have me individuals. The provision for arbitration of oor disputes seems to be stirring up ost of the opposition. New Blue Eagle Washington, Feb. 2. — Mem- bers of the industry shortly will receive from the Code Authority a new Blue Eagle insignia developed by the NRA to differentiate between employers operating under codes and those still adhering to the President's reemploy- ment agreement. The insignia will show the familiar blue eagle, but be- tween its wings will be the letters "NRA" and under its talons the words "Code (trade or industry registration num- ber) 1934." In smaller type will be the notation "Property of the United States — not for sale" and the patent design number. Regulations are now being drawn up governing the dis- tribution of the eagles by code authorities. Seek Liquidation of Para. Theatre Unit Liquidation of Tennessee Enter- prises' indebtedness on the Tennessee, Knoxville, will be undertaken by Paramount Pictures Distributing Corp. under a plan by which the latter will buy Up $250,000 of a |43S,000 bond issue outstanding. Ap- proval of the plan is sought by Paramount Publix trustees in a peti- tion to be acted on by Referee Henry K. Davis on Feb. 13. If the plan is approved and if similar terms can be arrived at with other Tennessee Enterprises bond- holders, Paramount Pictures Dis- tributing Corp. will be authorized to buy up the remainder of the §435,- 000 issue, which has been in default for some time. Tennessee Enter- prises, a bankrupt, was formerly a subsidiary of Publix Enterprises, which was itself in bankruptcy. It was included in the Publix Enter- prises assets acquired by Famous Theatres Corp., new Paramount sub- sidiary, in December. Kastner, Silver stone Are Advanced by U.A United Artists has appointed Lacy W. Kastner managing director in Con- tinental Europe, with headquarters in Paris. He succeeds J. A. Koerpel, who recently resigned. Kastner, who has been with United Artists since 1928, was formerly sales manager for the company in France. Emanuel Silverstone, connected with the Panama office, has been appointed special representative for London Films, the British producing affiliate of United Artists. He will make his headquarters in New York. Rosenblatt Speeds East Albuquekque, Feb. 2. — Division Administrator Sol A. Rosenblatt passed through here tonight on his way to Washington. (Continued from page 1) ing the week to Skouras, RKO, Loew's, Randforce, Manhattan, Spring- er & Cocalis, Consolidated, Century and Lee Ochs circuits, in addition to the three already reported to have opened negotiations. Levey said the Local would report to the regional and national NRA Labor Boards and circuits who have not recognized its right to collective bargaining by the end of next week. Wesley Barton, auditor of the In- ternational B. S. E. U., is here con- ferring with Levey and assured him of the International's support of the local in its current campaign for recog- nition. Headquarters of the local will be transferred from Brooklyn to the Times Square area next week. Benjamin Warner Is III; Family Called Hollywood, Feb. 2. — Benjamin W arner, father of the Warner broth- ers, is suffering from so severe a heart attack that members of the family have been summoned west. Harry M. and Jack are on the ground. Albert left New York on Thursday. Late this evening Warner's condition was greatly improved. Harry Charnas and his wife leave New York for the elder Warners' bed- side today. Mrs. Charnas is a daughter. Goldstone to Rest; Has No Film Plans (.Continued from page 1) next few days for an indefinite vaca- tion abroad and when he returns will go back to Santa Barbara for an- other examination. Goldstone has been called in by Majestic officials to help them ap- point his successor as production head. Several men are under consideration for the post and one is expected to be named within the next few weeks. Reports Goldstone will distribute through U. A. were denied by the producer. Temporary Darkness Krimsky and Cochran will close the Criterion tomorrow night, thereby ending the run of the English ver- sion of "Girls in Uniform." The company plans to reopen the house shortly with another picture, but this is not definite. K. & C. opened the house Dec. 22 with "Emperor Jones" at popular prices. F. & M. on Air from Roxy The F. & M. radio department in- augurates a half hour sustaining period tomorrow from the Roxy studios. Per- sonalities in the current stage show at the 7th Ave. theatre will be used in addition to several guest artists. Roger Bowers will handle the micro- phone over WOR time. M-G-M Dividend Voted Metro-Goldwyn Pictures Corp. has declared a regular quarterly dividend of tfy&. cents on the preferred, pay- able March 15 to stockholders of record Feb. 23. Hope to Start Some Boards On March 1st (Continued from page 1) proved if the move is unanimously sanctioned next Friday. Non-industry members for these boards also are ex- pected to be named. Rosenblatt is expected to make a report on his findings in Hollywood to the Authority at the confab, al- though no action is contemplated. Los Angeles, Feb. 2. — Before leav- ing for Washington, Division Admin- istrator Sol A. Rosenblatt promised local exhibitors that clearance and zoning and grievance boards for Los Angeles will be set up by Feb. 10, but start functioning around March 1. ITOA Determines to Continue Radio Ban (Continued from page 1) ager. Levy stated he could not change the sales policy of the company but added he has advised Wolff to deal with exhibitors individually and try to work out fair and equitable contracts. Levy expressed his willingness to co- operate with theatre owners individu- ally and not as a group. Members of the unit will visit Wolff next week and attempt to make deals on flat rental terms and report back to the organization at a meeting next Wednesday. If it is found Radio will break down its percentage and pre- ferred playing time terms, the ban will be lifted, the I.T.O.A. stated yesterday. High Court Upholds Kaplan Conviction (Continued from page 1) of members by the lower court sev- eral months ago. He is now at liberty on bail. The appeal denied by the higher court yesterday in- cluded a denial of Kaplan's petition to have his ouster from the I. A. T. S. E. set aside. A new appeal may be taken during the next few days, Kaplan's attorneys indicated yester- day, although a definite decision on this has not been reached yet, they said. Court Hears 306 Men On Back Pay Charge (Continued from page 1) were discharged because of installa- tion of Allied M. P. Operators. The projectionists claimed the code was violated. Because these men had gone over the head of Harry Sherman, presi- dent of the local, Samuel Birnbaum, attorney for the union, filed notice of intervention in behalf of the ITOA, claiming the men had no right to sue inasmuch as they nad no contracts with the theatre. Local 306 argued that only the union had con- tracts to supply operators and that the suit was a conspiracy against the local. Decision was reserved. MOTION PICTURE DAILY Saturday, February 3, it Scandals" $10,000 Indianapolis Draw Indianapolis, Feb. 2. — "Roman Scandals" ran away with the big money here last week, grabbing $10,000 at the Palace. "All of Me" was also a heavy grosser with $4,000, up by $1,000, at the Circle. Elsewhere business was just average. Total first run gross was $26,000. . Estimated takings for the week end- ing Jan. 27 : "I AM SUZANNE" (Fox) APOLLO— (1,100), 20c-40c, 7 days. Gross: $2,500. (Average, $2,500.) "ALL OF ME" (Para.) CIRCLE— (2,600), 25c-40c, 7 days. Gross: $4,000. (Average, $3,500.) "SON OF KONG" (Radio)— 4 Days "EASY TO LOVE" (F.N.)— 3 Days INDIANA— (3,000), 20c-40c, 7 days. Gross: $3,500. "CROSS COUNTRY CRUISE" (Univ.) LYRIC— (2,000), 20c-40c, 7 days. Stage show. Gross: $6,000. (Average, $6,000.) "ROMAN SCANDALS" (U.A.) PALACE — (2,800). 25c-55c, 7 days. Gross: $10,000. Names Awards Groups Hollywood, Feb. 2. — Inspired by Division Administrator Sol A. Ros- enblatt's assertion it is a valuable ad- junct to the industry, the Academy of M. P. Arts and Sciences today swung into action by appointing awards committees with orders to push plans for the March 15 banquet. This year's awards axe to be based on pictures made between Aug. 1, 1932, and Dec. 31, 1933. Col. Shelves "Square" Hollywood, Feb. 2. — "Red Square," Columbia's Soviet drama, has been tentatively shelved by the studio as a result of a decision that the present market for this type of picture is insufficient to justify a $750,000 nega- tive expenditure. Meanwhile, Lewis Milestone, who was to have directed "Red Square," is collaborating with Jo Swerling on a new story. Extra Lists Reduced Hollywood, Feb. 2. — The extras' committee engaged in reclassifying lists of extra players today determined to reduce the 17,000 now registered to 2,000 who work permanently in films After this task is completed machinery will be set up for spreading work among this reduced number. Feist Heads for Denver Kansas City, Feb. 2. — Felix Feist and Allan Cummings, on a tour of M-G-M exchanges, left for Denver this afternoon after conferences with branch managers in St. Louis, Omaha and Des Moines. Feist also conferred with Elmer Rhoden, Fox midwest division manager. Leo Carrillo to Frisco Denver, Feb. 2. — Leo Carrillo left last night for San Francisco where he will broadcast on the Shell Oil program. He appeared in person at the local F. & M. house. Harlow Yarn Set Hollywood, Feb. 2. — Jean Harlow's first since her salary strike will be "Repeal," Saturday Evening Post tale. John Considine will start pro- duction within a month. Critics Disagree on ' 'Nana 9 V All Agree on Stents Merits Ten New York and Brooklyn critics reviewing "Nana" yesterday failed to reach any unanimity of opinion on Anna Sten's first American-made picture, although all of them generously praised the Russian actress and regretted she had not been supplied with a more meritorious vehicle. Consensus of their opinions follows: American — Samuel Goldwyn was right — Anna Sten is a great star. He spent $2,- 000,000 to prove it, but this bread cast upon the waters will be returned many-fold by the glad, free-will donations of the mighty public which is destined to be hers. In a single picture, the "Nana" which held a first audience spell-bound at the Music Hall, the Russian Mona Lisa rises to the first rank of picture players and personali- ties. She stands now with the first six. Another film— and who can tell?****The film has its moments of greatness.*** Daily Mirror — Unprepossessing' women, unbecomingly gowned, were chosen for her support, that nobody might divert attention from the splendor of Sten. The result is a film which is all Anna. And Anna is beautiful and interesting. Dressed in bewitching costumes, photo- graphed by the tenderest of photographers, she is an exciting spectacle. Blonde and plump, her beauty has a lusty peasant quality.*** The picture is an extravagantly hand- some one, and Goldwyn's Anna is provoca- tive and dazzling. Everyone will want to see her. And they will be bewitched and entertained by her. Brooklyn Eagle — Today, after months of anticipation, we are called upon to appraise not only the merits of Mr. Goldwyn's prized star but the virtues of her first American screen vehicle. And it is with sincere regret that we are compelled to return, in both cases, a verdict that is mainly unfavorable.*** Her performance in "Nana" is uneven, uncertain, sometimes remarkably amateur- ish. Subtlety is not yet one of the things she has acquired in the course of her Hollywood training, and although her Eng- lish is almost entirely devoid of an accent, her voice is not exactly one to stir her listeners' emotions. ***Still an actress of a certain accomplishment. For her American screen debut, she deserved a better, a more inspiring vehicle. Daily News — Miss Sten's blonde. Slavic beauty is an effective subject for the cam- era. She is lovely throughout the picture and she wears the long, elaborate clothes of the early '70s with distinction. She man- ages to bring glamour and interest to the characterization of Nana but she fails to arouse any real sympathy for her.*** The picture has been beautifully produced and an excellent cast surrounds the star. Richard Bennett gives a fine restrained per- formance as the old theatrical producer. Evening Journal — *** a glamorous, daz- zling beauty, brilliantly launched by a mas- ter showman.*** And now, after almost two years of in- tense study and work, "Nana" is here. And it looks as though Sam Goldwyn's faith in his star and his picture is about to be royally justified at the box-office. Anna Sten is lovely to look at. She has talent and charm and grace. She has been exquisitely photographed and cortumed and for her introductory picture she has been given the colorful setting of Paris in 1868. Her accent is piquant. She sings one song, and a very tuneful one, in the picture, and her singing voice is vibrantly husky. Herald Tribune — *** Goldwyn, who has spent two years of his valuable time, sev- eral million dollars and a number of sleep- less nights in a fine, grim determination to establish Miss Sten as a distinctive Hollywood personage, was slightly, if un- derstandably, inaccurate when he attempted to describe his carefully nurtured star as one of those lyric, enigmatic, slightly fab- ulous heroines of the neo-Garbo school.*** The picture, which Miss Sten begins to celebrate the emergence of gorgeous peas- ant type as screen heroine, is hardly worthy of her.***Goldwyn***has obviously at- tempted so carefully to provide for his star a vehicle that would establish her among the film fans that he has ended by over- doing the plot requirements of her ve- hicle.*** The film is quite handsomely produced, but I fear that pictorial lavishness cannot disguise the fact that the story is done amid so much artificiality that it never succeeds in being real or touching. Post — The high expectations engendered by Miss Sten's appearances in the Ger- man films, "Trapeze" and "The Brothers Karamazov," has been eminently fulfilled in her first Hollywood production, estab- lishing beyond doubt that she is not only an extraordinarily equipped actress but a sumptuously alluring personality.*** It would be pleasant to report that the vehicle was worthy of the star, but it un- fortunately is not. Sun — It is melodrama of the old roman- tic school, a little stagy, more than a little unreal, but on the whole effective enough.**" Pictorial beauty this picture has, and a pleasant addition to the Hollywood roster of foreign actresses. But, and this is al- rpost unprecedented in a Goldwyn produc- tion, it sadly lacks originality***even Anna Sten's sleek charm could not make it seem new. Story and characters were not par- ticularly helped by the occasional stilted quality of the dialogue. Times — This Nana captivates one's at- tention, but unfortunately the story in shadow form has not been worked out with the necessary dramatic impact.*** It is, however, a picture that has a defi- nite, arresting quality when certain persons are occupying the screen. Through Miss Sten's efficiency and charm and the splendid portrayals of such players as Mr. Bennett, Mr. Owen and Mr. Grant, it offers a fair measure of entertainment, and even though it wanders far from Zola's work, sometimes catches the illusion of Paris in bygone days. World-Telegram — *** Miss Sten's first Hollywood-made picture, ***is a mild, over- written and leisurely romantic drama, pretty, but also pretty thin. Indeed, it suggested mainly that once again a really great actress had been scratched by Holly- wood and that the result was less acting than a series of beautifully photographed poses.*** But in spite of the wordiness of "Nana" and its musty story and pedestrian move- ment. Miss Sten's ability is not wholly sub- merged. Indeed, she emerges from it more beautiful and lustrous than ever and occa- sionally has moments when she acts with finer authenticity than ever.*** Chicago, Feb. 2. — "Nana" did al- most $3,800 on Thursday, its opening day at the United Artists. The same advertising campaign used in New York was launched here, but along more modest space lines in view of the fact there are fewer dailies in town than in New York. The Chicago Tribune, shattering a precedent, ran its review on the first page. That Gal "Nana" Is Stirring Up a Fuss {Continued from page 1) Loew Circuit : "W e have a contract for the picture after it plavs the Music Hall." The Sten picture at the Music Hall is one thing. That's a first run. The Sten picture at the Center is the same thing. That's merely a continuation of the first run, as United Artists views it. The Loew circuit is reported feel- ing quite differently about it, resting its case on the stand the Center is not a first run, but part of the RKO city circuit and, therefore, competition to the Loew houses who get and want the picture under franchise. So the situation stood last night. Educ'l Signs Ritzes Educational hasi signed the Ritz Brothers to appear in a short. Pro- duction starts in two weeks under supervision of Al Christie. There are options for five more featurettes. Leo Morrison's office handled the deal. The Ritz boys opened a week's en- gagement at the Paradise yesterday. Fox Seeks Chinese Government's H> Hollywood, Feb. 2. — On the j of M-G-M's failure to gain pei sion from the Chinese governmei film scenes of "Good Earth" in country, Fox representatives in ( are hastening to pave the road Clyde E. Elliott's "Yellow Wa' unit, slated to leave for Asia a early date. Elliott will select an all-native and it is his intention to turn o production that will glorify the nese race. The M-G-M film thumbs down because authorities ured it put China in a bad light. Milwaukee Puts Ba On All Walkatho Milwaukee, Feb. 2. — The Com Council's judiciary committee has1( proved a measure prohibiting the a ing of marathon dances and \vs' thons in the city pending receipt o opinion from Max Raskin, city torney. Ben Koenig, secretary of the 1 Board of Trade,, appeared before committee to denounce marathons walkathons as "detrimental to le mate places of amusement which vide employment for people." Seek Theatre Receive I Wheeling, W. Va., Feb. 2.— ] pointment of a special receiver 1 the Capitol, ace theatre here and I of the finest in the upper Ohio Yal is asked in an equity action in i Ohio county circuit court. Foreclo-j of an indenture so that the prop>| might be sold by a special commissi er also is petitioned. The action is brought by the Cl< land Trust Co., Rudolph A. Mi trustee. The defendants are Caj Theatre Co., Capitol Enterprises I Albert W. Laas, Wright Hus trustees. The plaintiffs claim the fendants are in default of bo amounting to $480,000 and interes 6y2% since July 1. 1933. Julius Greenstone Buri Rochester, Feb. 2. — Funeral se ices were held today for Julius Grc stone, one of the organizers and ] presidents of the Rochester M. P. 1 hibitors' Ass'n. He was 72 years Greenstone, who had been ill c a few days, died at Strong Memo Hospital here. Until his retiremer few years ago he was owner and m aging director of the Empire. Fitelson On U. K. Dec Negotiations for American c tribution of a limited number British pictures in return for c tribution of Amity pictures abn will be undertaken by H. Willi Fitelson. attorney for Amity. v\ sails for England today on the lie France. Para. After Baer Agai Hollywood, Feb. 2. — Paramount again dickering with Max Baer foi role opposite Mae West in "It Ai No Sin." The prizefighter-actor is his way from Miami and is expec to be set for the picture some ti next week. The Leading Daily Newspaper of the Motion iPicture Industry MOTION PICTURE DAILY Alert, Intelligent and Faithful Service to the Industry in All Branches !L. 35. NO. 30 NEW YORK, MONDAY, FEBRUARY 5, 1934 TEN CENTS . A. to Have 36 Features Next Season henck Says 14 Will Be Produced in England Hollywood. Feb. 4. — United Artists scheduled 36 features for next eon, Joseph M. Schenck said on his ival here from New York last Int. ■he list includes 12 from 20th Cen- y. four from Samuel Goldwyn, four hi Reliance, 14 from U. A.'s British lliates, London Films and British & minion, and two from an indepen- »t source not yet selected, according Schenck. ichenck spoke enthusiastically of iduction progress noted at English idios on his recent European trip, •ing which he negotiated the deals next season's 14 from there. He d "great things can be expected tm English product from now on." ■ affirmed recent reports of a film jjttstry boom in England, brought :k within recent months by Sidney (Continued on page 3) / Lichtman Again Favors Price Jumps Kansas City, Feb. 4. — Recollec- ns of the "flexible admission" doc- ile advocated by Al Lichtman sev- il seasons ago were revived here en the United Artists distribution ef declared while passing through re en route to Hollywood that he II believed in increasing theatre ties wherever they are too low in ation to the merit of product being yed. -ie said he hoped that Loew's would )st the scale of the circuit's local jse, the Midland, which plays U. A. )duct. 'Theatres with less than normal ad- ssions," Lichtman declared, "could se them on big pictures and do the ne volume of business they are now ing at the sub-par scales. Low ces," he said, "do not attract any ditional patronage for the 'turkeys.' " lore Reel Houses If Embassy Clicks S'ewsreel Theatres, Inc., new com- iv formed to take over the Embassy a newsreel house beginning next turday on a 45-minute show basis, 25 cents straight and with Pathe :ws clips exclusively, plans other uses along identical lines if the first nture clicks. So states F. C. Wood, (Continued on page 3) Admits Having Nazi Picture; Hazy on Plans Bavarian Pictures Head Talks of "Offers" "S. A. Mann Brand," first of the Nazi films to reach this country, will be handled domestically by Bavarian Films, a company hitherto unknown in the New York trade with offices at 489 Fifth Ave. "It's a fine picture," a Mr. Hermann voluntarily offered on Saturday. "We expect to show it on Broadway and have many offers." Pressed for specific detail as to what those offers were and how the picture will be distributed, Hermann was alternately hesitant and vague, at the same time attempting to create the im- pression a distribution outlet will not he difficult to line Up. He first denied knowing anything (Continued on page 3) German Industry Is Reported in Bad Way W ashington, Feb. 4. — Reorganiza- tion of the German film industry by the government and export losses have put the business in a bad way, reports Trade Commissioner George R. Canty to the M. P. Section of the Bureau of Foreign and Domestic Commerce. Ufa barely made running expenses last year, the report states. "It is apparent," Canty declares, "that the existing market for German films is completely out of line with the expenditure of producers leveled on the pre-sound film period." Committees Are Set For Academy Awards Hollywood, Feb. 4. — Committees to have charge of the Academy's annual awards will include : Producers — E. H. Allen, Emanuel Cohen, Harry Cohn, Walt Disney, B. (Continued on page 3) Specifications New Orleans, Feb. 4. — Gordon Kirst, leader of the orchestra at the Roosevelt Hotel, in announcing the ar- rival of a new member of his family, makes use of this form : Kirst's new 1934 model now is on display. Designer, Gor- don Kirst, production mana- ger, Kathryn Kirst. Specifi- cations, boy. Model, Gordon Kirst, Jr. Arrival, Jan. 15, 1934. On display, 4,146 Cleve- land Ave. Weight, nine pounds, 12 ounces. Wheel base, 17 inches. Bumpers, rear only. Automatic starter. Free squealing. NRA — "We've done our part." Production Slows; 28 Films in Work Hollywood, Feb. 4. — Studio activi- ty continues below normal with only 28 features and seven shorts in work, as against 22 features, 13 shorts in preparation ready to start within the next two weeks. Already completed and still in the cutting rooms are 47 features and 22 shorts. M-G-M has five features and one short in work. This leads the field among the majors. They also have but one feature and one short in final preparation, while 12 features and two shorts are reported in the cutting rooms. Paramount follows a close second with six features in work, two in preparation and four cutting ; Warner (Continued on page 3) Ohio Exhibitors May Merge to Fight Tax Columbus, Feb. 4. — Plans to merge into one state-wide independent organ- ization in a united effort against the 10 per cent amusement tax recently voted in Ohio were discussed at a meeting of representatives of the Ohio Valley Exhibitors Ass'n., the Inde- (Continued on page 3) Key City Grosses Hold on; 135 Houses Do $1,348,51 7 National theatre business, as gauged by box-office reports to Motion Pic- ture Daily from 22 key cities, held its own during the theatre week, ending Jan. 26-27 if it showed no appreciable gains. One hundred and thirty-five houses reported a bulk take of $1,348,517 as against $1,305,267 rolled up by 136 houses the preceding week. Cities currently reporting a gain are Boston, Cleveland. Denver, Des Moines, Detroit, Indianapolis, Kansas City, Montreal, New York, Oklahoma City, (Continued on page 8) Films Best of Investments, Says Giannini Points Out All Studios Have Stayed Open Hollywood, Feb. 4. — "Film business is the best in the world and will always be a good business for legitimate capi- tal investment," Dr. A. H. Giannini, chairman of the executive committee of Bank of American National Ass'n, proclaimed last night on his return here from New York. "The best and the most recent indi- cation of the industry's stability," he said, "is that every studio carried on uninterruptedly during the depression, while plants in other industries were being dismantled and abandoned. This industry's rewards from enterprise and intelligence are great," he declared. He asked in what other industry it would be possible for a new company, such as 20th Century, to make "such rapid strides and achieve so successfully" within the brief period of a few months. "Years ago, when the industry was growing," Giannini recalled, "I preached against its going into the stock jobbing business and branching out into alien fields. The crash came (Continued on page 3) Loew's Quarter Net Increases Over 100% Loew's, Inc., profit statement for the three months ending Nov. 23 shows a jump of more than 100 per cent over the same quarter for 1932. The company's net profit after sub- sidiaries' preferred dividends, deprecia- tion and taxes, was $1,594,608. For the same period in 1932 the net was $741,910. Beatrice Lillie to Do Durante 's Stuff Columbia plans to make a series of female Jimmy Durante pictures and has signed Beatrice Lillie to simulate the M-G-M comic. Miss Lillie re- turns from abroad within the next month and will head straight for the coast where she will make a number of features, and possibly some shorts. Warners to Expand Vitaphone Studios Warners will close the Vitaphone studio in Brooklyn within the next five weeks to erect a new sound stage. Production will be halted for five weeks during the construction. MOTION PICTURE DAILY Monday, February 5, MOTION PICTURE DAILY (Registered U. S. Patent Office) Vol. 35 February 5, 1934 No. 30 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 lork. 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. Clifford, manager; London Bureau: 6 Brookland Close, Hampstead Garden Suburb, Bernard Charman, Representative; Berlin Bureau: Berlin-Tem- pelhof, Kaiserin-Augustastrasse 28, Joachim K. Rutenberg, Representative; Paris Bu- reau: 19, Rue de la Cour-des-Noues, Pierre Autre, Representative; Rome Bureau: Viale Gorizia, Vittorio Malpassuti, Representative: Sydney Bureau: 102 Sussex Street, Cliff Holt, Representative; Mexico City Bureau: Apartadc 269, James Lockhart, Representa- tive; Glasgow Bureau: 86 Dundrennan Road, G. Holmes, Representative; Budapest Bureau: 11 Olaaz Fasor 17, Endre Hevesi, Representative. 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. House Legislative Slate Clear Soon Washington, Feb. 4. — Unless the President asks for additional legisla tion of a major nature, the House of Representatives will be ready to ad- journ the session by the end of Feb- ruary, it was declared by Speaker Henry T. Rainey. It is not expected, however, that the Senate, where debate is uncon- fined, will conclude in anywhere near as short a time. All that remains in the House are four appropriation bills, the tax bill and reciprocal tariff legislation. Once these are out of the way, the House will have nothing further to do. As a result of the prompt disposi- tion expected to be made of legisla- tion in the House, protagonists of in- vestigations of various sorts are pre- paring to seek use of the waiting time for their pet projects. Unless the House leadership stands firmly against proposals of this nature, it is possible a strong effort may be made to secure investigations of the film industry. Aylesworth Due Today M. H. Aylesworth returns today from Chicago where he has been spending the last week. He will attend the Code Authority session Friday. ARNCO FILMS, INC. An nou nces FREE REDUCTION 35 MM SOUND ON FILM 16 MM SOUND ON FILM 1270 6th Avenue, N. Y. C. CI 7-0283 Insiders' Outlook CEVERAL majors, having ^ heard the talk about trim- ming production for 1934-35 by other majors, figure on stepping into the breach with hikes in their own schedules. So it goes, this business of keeping the in- dustry's annual output at its set figure, regardless of market re- quirements. That poises a ques- tion. In how many other busi- nesses does the factory fashion the styles for the sales depart- ment to do the best it can with the product that results ? . . . T Is this funny or no? If the NRA determines not to defend members of the Authority in the Congress (Allied) theatre suit, including Nate Yamins, an Allied director, it then follows an appropriation set aside to counter the action will be borne propor- tionately by all those who have signed the code, including Allied men themselves. . . . Wonder what Rosenblatt will tell General Johnson and even the President about his 10 days in Hollywood ? It would make an interesting serial. . . . Much on tap for the forthcom- ing session of the Authority, down on the books for Friday at the New York Athletic Club. Looks like a stirring day from many angles, one being those clearance and groaning — our error — zoning boards. There is no certainty, you should under- stand, that the personnel of even the handful talked about will be named at this meeting. . . . Phil Goldstone ups to deny he has a releasing deal on with U.A. . . . We could say we told you so. As a matter of fact, we are. Meaning confirmation of the Cooper yarn that he would step down as head of Radio produc- tion in preference to a unit of his own. It's happened, as you must have read exclusively in Motion Picture Daily on Saturday. . . . Now that this morning marks the return to Washington of Division Ad- ministrator Rosenblatt from the warm Hollywood climate, you may hear more about A. Law- rence Lowell and Code Author- ity. Anv dav now. . . . The Blue Eagle is about to spring an offspring. All for the purpose of differentiating be- tween employers operating on their own industry code and those who still cling to the Presi- dent's blanket agreement. Same eagle with more talons, is the idea. . . . That reminds Fred Stone told the Ampa the other day what with three daughters he has hauled down the stork and raised the eagle. . . . Old-timers getting a thrill : Joe Schenck and Sam Goldwyn, accustomed to California sunshine, braving the snow to watch the opening crowds pile into the Music Hall. The occasion? '"Nana." of course. . . . Gilda Gray, the shimmy one, is the target in a story that hits the desk from the Middle West. It's a story and it may not be true, although amusing. It has to do with a week she played at one of the B. and K. houses in (Continued on page 10) Warner Trading Heavy on Big Board Net High Low Close Change Columbia Pictures vtc.... 26>/2 24% 26'/2 +1% Consolidated Film Industries 5 45/s 4.)^ -j- 54 Consolidated Film Industries, pfd 15 1454 15 + Si Eastman Kodak 91^ 9054 91^ +m Fox Film A 17^ 15^ 17 +VA Pathe Exchange 2VS 2$i 2% Pathe Exchange "A" W/2 14 W/2 +"y. RKO M 3 3'A +X Universal Pictures, pfd 25 24 25 Warner Bros 7& (,% 7& + & National Screen Slips Vi on Curb Net High Low Close Change National Screen Service 16J4 W/g 16% — *4 Technicolor 10 9j| 10 Universal Pictures 3 3 3 Keith Bonds Fall 5 Points Net High Low Close Change General Theatres Equipment 6s '40 6££ 6H (>Yi -j- Vs General Theatres Equipment 6s '40 ctf 6]A &/2 6'A + Y2 Keith, B. F., 6s '46 6VS2 60' 61 —5 Loew's 6s '41 ww deb rights 95 95 95 Paramount Broadway SY2s '51 37 3SYi 37 +VA Paramount F. L. 6s '47 38 37 38 +2 Paramount Publix 5^s, '50 39 36'/2 39 +2V2 Pathe 7s '37 ww 88K 88^ 885i -1- Ya. Warner Bros. 6s '39 wd 58 54^ 57 +2Y2 Sales 600 1,000 2.600 800 7,800 13.000 3,000 1,500 1.300 20 39.900 Sales 200 200 1C0 Sales 3 4 Purely Personal Q EX BLUE, now working on *-* sixth Yitaphone short, sails or Manhattan, March 3, for Loii' While abroad he will appear at Cafe de Paris and the Pallad where he has been booked for weeks. Harriett Small, daughter of V li am Small, Brooklyn exhibitor honeymooning in Miami following marriage last week to Edward Wollner of Lord & Thomas. Dick Wallace is now domicile. Essex House and has settled down what apparently will be a long ! York sojourn. Samuel Goldwyn was down \ laryngitis Saturday. He plans to for Russia this week, but may p pone the trip about a week. Achmed Abdullah, who has 1 doing scripts on the coast for sev' months, returns tomorrow on Santa Rosa. Jack Harrower, otherwise kn as Phil M. Daly, returns to his at The Film Daily this morning, has been ill for many weeks. Moffat Johnston is being te by M-G-M for one of the lead: "The Barretts of Wimpole Street.' Grand Duchess Marie and deal with Paramount on "Tfc! Day Princess'' have parted. Milton C. Weisman, I.T.O.A. torney, is Miami-ing. L. J. Schlaifer is back from a c tour of U. A. exchanges. Grad Sears is heading north that vacation in Florida. Bachmann Closes Offi J. G. Bachmann, who returned tc coast last week to recuperate f the grippe, has closed the New ^ office of Preferred Pictures for | to eight weeks. Bachmann expect return in about twro months to res' negotiations for a general sales r ager to handle the 12 contempl productions. Col. Tim McCoy Sail Hollywood, Feb. 4. — After finis "Storm at Midnight" at Colun Col. Tim McCoy sailed for a t weeks' vacation in Honolulu. THE MAYFLOWE! 61st STREET, (Central Park We New York City CONVENIENT TO TH FILM AND THEATRICAL CENTE 1-2-3 Rooms. Full Hotel Servie« FURNISHED OR UNFURNTSH3 By the Year, Month or Day Serving Pantries Electric Refrigeration JOHN W. HEATH, Manager iday, February 5. 1934 MOTION PICTURE DAILY A. to Have 36 Features Next Season (Continued from page 1) lent of Fox, and Carl Laemmle of ,iersal. Elsewhere in Europe, how- Schenck said he found conditions |>, lenck reported that Jack Bu- bn, English player, will arrive in :ountry in May to make a picture J. A., following completion of a re to be made for the company in end. • said that Maurice Chevalier will a picture in England for U. A. \ on a story of the life of Mar- Xey of France, on the completion s current picture for M-G-M. mmittees Are Set r Academy Awards (.Continued from page 1) lahane, Winfield Sheehan, Irving (berg, Walter Wanger and Jack \Yarner ; actors — Lionel Atwill, ler Baxter, Marion Davies, Leslie ard, DeWitt Jennings, Mary ford and Lewis Stone ; directors oyd Bacon, Frank Capra, Cecil B. ille, Frank Lloyd, Robert Z. ard, Mervyn LeRoy, Norman og, King Vidor and Henry King ; licians — John Arnold, George >es, Carl Dreher, Harris Ensign, ;rt Haas, Frederic Hope, Nathan nson, Wesley Miller, J. M. Nicko- Max Parker, Van Nest Polglase James Wilkinson ; writers — Jack lingham, Howard Green, Grover s. William Slavins McNutt, Jane fin, Robert Riskin, Carey Wilson Waldemar Young. ire Reel Houses If Embassy Clicks (Continued from page 1) aging director of the company, , on Saturday, added activities will oncentrated in New York, 'ood stated he has been in the film stry four years, confining his ities to date to production of corn- eal pictures and that the Embassy esents his maiden effort in theatre ation. Newsreel Theatres, Inc., s a five-year lease on the house an option privileging the company xtend it to 10. W. French Githens, stant editor of Pathe News, is ident of the operating company; old Wondsel, editor-in-chief of le News, is vice-president and 3d, secretary. 06 Men Ordered Back ifty-five Local 306 operators were :red returned to 11 New York itres Saturday, thereby displacing nbers of the Allied M. P. Oper- s' Union, as the result of a decision ded down bv the Regional Labor rd. "Moulin Rouge" Set Moulin Rouge" goes into the oli Wednesday. The "Moulin ige Caravan" sponsored by U. A., i Century and Socony-Vacuum Oil play an important role in the ex- tation campaign. Another Rumor Hollywood, Feb. 4. — Joseph M. Schenck is "uncertain" whether Charles Chaplin will make a picture for U. A. next season, due to the fact that Chaplin is still working on a preparation of the one he promised the company for this year. If one is forth- coming, however, it will be a "silent," said Schenck. The U. A. president indi- cated that because of the un- certainty of Chaplin's plans he was not banking on a picture from him. "You know Charlie," he added smilingly. Production Slows; 28 Films in Work (Continued j row page 1) Brothers shows four, three and nine ; Fox, three, three and five ; Columbia, three, one and three ; Radio, two, six and five, and 20th Century, zero, one and one. The independent group has five features in work, five preparing and eight cutting. Short subject producers report M-G-M with one short in work, one preparing and two editing ; Roach one, three and three ; Universal, zero, one and one ; Columbia, zero, zero and four ; Radio, zero, two and five, while the independents have five, six and seven. Ohio Exhibitors May Merge to Fight Tax (Continued from page 1) pendent M. P. Exhibitors of Ohio and the M. P. Theatre Owners of Ohio. Elmer Shard, Charles Fine and Willis Vance of this city, members of its board of directors, represented the Ohio Valley group. Moe Horwitz and Henry Greenberger, Cleveland, and Nat Charnas, Toledo, represented the second group, of which they are directors. J. Real Neth, Max Stearn and P. J. Wood did the talking for the M. P. Theatre Owners of Ohio. The discussion was adjourned until Monday evening, when definite and final plans will be consummated. Fox Busy on Four; Six to Start Soon Hollywood, Feb. 4. — Production is speeding up at Fox with four pictures in work and six to begin shooting within the next three weeks. Those set for production this month are : "Odd Thursday," starring Warner Baxter, and "Goldrush of 1933," both to start on Feb. 12: "Now I'll Tell," starring Spencer Tracy, and "Manhattan Love Song," starring James Dunn and Claire Trevor, will begin Feb. 19; "Springtime for Henry" and "The World Moves On" will begin Feb. 20. Place on Job Again Herman Place, who has been han dling reorganization for various Fox theatre units, including FWC, is ex pected back at his desk today follow- ing a bad cold which has kept him in bed for the last four days. Films Best of Investments, Says Giannini (Continued from page 1) and my warnings were justified. If the film industry stays in its own field and cultivates its own vineyards, it will reap success because it is sound, stable and legitimate. "I consider it a good field for invest- ment because it has something the pub- lic wants and is willing to pay well for, and because it is the only business tor whose merchandise the public pays cash even before seeing it." "I have full faith in the industry," Giannini concluded, "and I have confi- dence in its future. I have made many him investments, all on a sound, legiti- mate basis, and have never been "stuck'. I am confident that it will remain a splendid field for profitable investment. "Most companies now are in able hands, but there could be improvement in management in a few instances. One of the most promising factors for the industry's future is that its companies have placed competent executives in charge of the studios. When the in- dustry emerges from its receiverships and bankruptcies it will rest on a foundation of unparalleled solidity." Warner on Coast to Take Up New Films Hollywood, Feb. 4. — Albert L. Warner, vice-president of Warners, in charge of distribution, arrived from New York tonight. While here he will confer with Harry M. and Jack L. Warner. He said he would stress the importance of production elements which make for "big attractions." He referred to "Anthony Adverse" in particular, which, he said, he wanted to see "well launched," and added that he had in mind some fin- ishing touches to "Wonder Bar." "Exhibitors will pay more for big attractions as against 'program' pic- tures," he said. He said that it was his purpose to assure production of the former next season, as well as to see that the present schedule is wound up auspiciously. Illness of his father, Benjamin Warner, was one of the principal rea- sons for his trip west at this time. Majors to Get Pay From R. I. Receiver Providence, Feb. 4. — Claims total- ing $41,000 against Rhode Island Theatres,, Inc., were recommended by Kirk Smith, receiver, in a report filed before Judge Churchill in Superior Court. The firm formerly operated theatres in Providence, Pawtucket, Woonsocket and Newport. The court was told that assets of the corpora- tion total $12,000. Hearing on allow- ance of claims against which objec- tions have been made was set for Feb. 14. In addition to several claims total- ing around $12,000, Smith recom- mended the following : Paramount Pictures, $13,172 ; Social Amusement Co., $4,000. and RKO Distributing Co., $877. Admits Having Nazi Picture; Hazy on Plans (Continued from page 1) about the Nazi film which is reported to narrate the triumph of Hitlerism over Communism and which precipi- tated a near disorder when 500 men and women stormed and picketed the Taylor Street Theatre, Portland, Thursday, as the picture opened in the Northwest. "Wait until you see it on Broad- way," Hermann urged. "See what? You haven't told us what we may expect to see," a Motion Picture Daily reporter replied. Gradually, Hermann broke down aiid admitted that among the 25 German- made pictures which he said he had was "S. A. Mann Brand." The New York censor board on Saturday reported that "S. A. Mann Brand" had been submitted to it for licensing by Bavarian Films, but de- clined to say what action it had taken. The New York censor board reports its decisions on individual films only to the original applicant for a license. The German consulate here when first called reported that it knew of the picture and the disturbance its exhibition had created on the Pacific Coast, but said that neither Bavarian Films nor a Mr. Hermann, associated with the picture, were known at the consulate. On a voluntary inquiry of its own the consulate later reported that it had learned Bavarian Films had a "number of other pictures, had been established here for some time and was headed by a Charles B. Herrlitz." Toronto Pickets Go Back on Sidewalks Toronto, Feb. 4. — Hostilities have been renewed between union operators and independent exhibitors. Pickets have been returned to the theatres em- ploying members of the Canadian union not recognized by the I.A.T.S.E. There has been no picketing since last summer because of the arrest and conviction of the picketers. W. P. Covert, international vice- president, says he expects the pickets to be arrested, but insists he will fight ''unfair conditions." Buenos Aires Shows 301 American Films Washington, Feb. 4.— Of 404 films shown in Buenos Aires during 1933 a total of 301 were American, according to reports from Vice Consul John C. Pool to the M. P. Section of the Bureau of Foreign and Domestic Commerce. Germany was represented with 39 ; France, 31; England, 13; Italy, 11; Argentine, six ; Spain, three. Grand Opening Travesty Hollywood, Feb. 4. — Production will start this week on a travesty on grand opera, featuring a cast of out- standing names in the comedy field at the Roach Studio. The picture has been planned on a lavish scale for two- reelers and will have Leigh Jason at the directorial helm. MOTION PICTURE DAILY Monday, February 5, 1924 Warners 9 'Wonder Bar 9 Cast Sets Multiple Star Record With the largest cast of stars, fea- tured players, and chorus beauties ever gathered in the Warner Bros.- First National studios, "Wonder Bar" stacks up as the most overwhelming screen spectacle yet attempted by the company that stood the industry on Kay Francis As She Appears in "Wonder Bar" its collective ear with "Footlight Pa- rade," "Gold Diggers," and "42nd Street." i M Precedent Broken With "make it different" the studio byword, Warner Bros, started build- ing box-office values immediately upon purchase of the story. The studio aimed to break precedent and set records in all departments, as a re- sult of which the talent division com- prises a 'Who's Who" of Hollywood's greatest. Kay Francis appears as the glam- orous, capricious, amorous Parisian wife ; Al Jolson as the night club enter- tainer ; Dolores Del Rio as Inez, the ex- otically alluring night club dancer ; Ricardo Cortez as Inez's partner, "matinee" idol and gigolo; Dick Powell as the young singing band leader; Hal LeRoy as the kid hoofing marvel ; And Ruth Donnelly, Guy Kibbee, Hugh Herbert, Fifi d'Orsay, Kath- ryn Sergava, Henry O'Neill, Merna Kennedy, Henry Kolker, Mia Ich- ioka, Pat Wing, Clay Clement and many others in varying dramatic and comedy parts. Chorus Doubled In addition to the marquee person- alities, Warners commissioned Busby Berkeley to double his quota of beau- tiful girls for the ensemble spectacles. Instead of the gorgeous group of two hundred used in "42nd Street," "Gold Diggers of 1933," "Footlight Parade" and "Fashions of 1934," Berkeley put four hundred to work in "Wonder Bar's" imaginative chorus sequences. Warners' fortification of "Wonder Bar" with a long list of selected stars is regarded in Hollywood as indica- tive of specially keen business fore- sight, the trade holding that the pic- ture's sale to the public is facilitated for the exhibitor, giving him the great- est opportunity in film history to use the fine art of ballyhoo. Wonder Bar' World- Famous as Stage Hit "Wonder Bar," Warner Bros, ex- travaganza to exceed its own success- ful extravaganzas, was one of the most successful of this century's stage plays in this country, with a two-year road tour, plus a solid sell-out year in New York, behind it. In Europe, "Wonder Bar" set enviable records in Vienna, Paris, Berlin, and London. Director Of "42d Street" Scores Again Lloyd Bacon's record of "box-office champions" is due for an addition, ac- cording to preview reports on "Won- der Bar" from Hollywood. Bacon directed "42nd Street," one of 1933's "Ten Best" in the FILM DAILY Poll and a cham- pion for two suc- cessive months in MOTION PICTURE HERALD's na- tional box-office survey. Bacon also di- lloyd bacon rected "Foot- light Parade," which achieved similar "best b. o." renown. In addition to directing two of the industry's most successful musical extravaganzas, Bacon has directed a half dozen of the money-making Joe E. Brown films. 'Wonder Bar' Tango Is New Dance Craze "The Gaucho," something new in the way of dances, is introduced on the screen in "Wonder Bar," Warner musical, by the stellar team of Do- lores Del Rio and Ricardo Cortez. Representing a blend of the famous Apache dance of Paris and the Tango of the Argentine, "The Gaucho" is danced to the "Tango Del Rio," a Dubin-Warren melody dedicated tc the beautiful star. Jose Fernandez, coach of the ballet for the Holly wood Bowl's presentation of Ravel'; "Bolero," directed Miss Del Rio ant Cortez. Coast dancing masters are ea thusiastic over the possibilities of thi routine for popular ball-room dancing Mammy J One ton of black grease paint was used by Warner Bros, for the "Goin' To Heaven On A Mule" number of "Wonder Bar." Number marks Al Jolson's return to blackface. New High For Magnificence In 'Wonder Bar9 Settings Film set construction reached a record high during the filming of "Wonder Bar" at Warner Brothers' Burbank studios. The largest indoor construction yet attempted in Holly- wood, covering an area equal to two city blocks, was built to house the Busby Berkeley chorus conceptions. The largest set, representing the enormous Parisian night club in which the action of the story transpires, re- quired enough lighting to illuminate a city of twenty thousand people. All four walls of the cafe were constructed in order that cameras might "pan" around to cover the richly dressed pa- trons as they danced and dined. Five weeks were needed for the shooting of the "Wonder Bar" story sequences. Five additional weeks were taken in filming the elaborately imagi- native Berkeley spectacles. All phases of such a night club as the "Wonder Bar" were built into the set, including fifteen rooms, main bar, dance floor, orchestra platform, foyer, kitchens, business offices and dressinj rooms. The art department decorate" the set in modern style and the furni ture was especially created for th picture, even to the seventy-five ba' chairs. The night club set was almos equalled in size by the sets constructe for Busby Berkeley's "Goin' T Heaven On A Mule" and "Hall c Mirrors" ensembles, all the sets fo the picture covering 40 per cent of th affiliated Warner and First Nationi studios' stage space. Special Material for "Bar" A 10-day newspaper fictionization c "Wonder Bar," complete with illu; tration, is being made available i mat form by Warners. Orders ar being accepted at the home office nov Also available is a 10, 15, 20 or 3 minute radio sketch. advertisement advertisement unday, February 5, 1934 • MOTION PICTURE DAILY )ubin -Warren nines Already ire Radio Hits Al Dubin and Harry Warren, liters of the screen's most success- songs, collaborated again on the isical score of "Wonder Bar." turn- X out six hits for Dick Powell, Kay ancis, Al Jolson, and the Busby rkeley chorus creations. A spe- lly-planned music campaign is es- tablishing the numbers in a national advance build-up, with Guy Lombardo, Paul Whiteman, the Mills Brothers, and other first-raters plugging them. Looking for something different in melodies and lyrics, the writers of the "42nd Street" and "Gold Diggers of 1933" hits produced the title num- ber. "Wonder Bar," as well as "Vive La France," "Don't Say Goodnight," "Goin' to Heaven on a Mule," "Win- Do I Dream Those Dreams" and "Tango Del Rio," the latter dedicated to Dolores Del Rio, who dances the number with Ricardo Cortez. In addition to the studio-created tunes, Jolson sings the famous Rus- sian air, "Dark Eyes." wewdek ike, named! Berkeley 's Lavish Spectacles for Wonder Bar StressNovelty 'Wonder Bar' Sets New Style In Screen Fare 1 TfflSh WB Plans Gigantic Easter Send-Off for 'Wonder Bar "Wonder Bar" is the first screen presentation of its type, according to Warner Bros. -First National, the pro- ducers. The story, described as "inti- mate," is said to introduce an entirely new technique in presentation, includ- ing the theatre audience as partici- pants in the action. With Al Jolson, master of intimacy, pacing the show, the guests at the "Wonder Bar," a huge Parisian night club and pop- ular rendez- vous, sit in and watch the story unfold. It has, accord- ing to preview reports, the ef- fect of "tak- ing the audi- ence where everything is happening." The story of DOLORES DEI- BI° "Wonder Bar" is based on the fa- mous international play by Karl Farc- zas and Geza Herczeg, which played in the leading capitals of Europe and was then imported to New York for a long run. Earl Baldwin, one of Hollywood's top-flight scenarists, wrote the screen adaptation of "Won- der Bar" for Warner Bros. Going one better on the imagination which created the spectacles of "42nd Street," "Gold Diggers of 1933," "Footlight Parade" and "Fashions of 1934," Busby Berkeley's innovations for "Wonder Bar's" augmented chorus of beautiful girls will inaugurate an- other series of "firsts on the screen." To tunes by Al Dubin and Harry Warren, the four hundred girls and one hundred boys in the Berkeley en- sembles, together with the stars, do a highly unusual rendition of a mod- ern negro spiritual, "Goin' to Heaven on a Mule" with the whole company in blackface. Berkeley turned out this number, with Al Jolson leading a sing- ing chorus of two hundred voices, as a fitting climax to the picture and his successful stage and screen career. Runs 12 Minutes Also featured in this number is Hal LeRoy, famous young dancer of the "Ziegfeld Follies" and "Strike Me Pink" and the lead in WB's coming "Harold Teen." The "Mule" number Easter Week has been definitely set r Warners for nation-wide pre-release igagements of "Wonder Bar," ac- )rding to home office announcement, id selected bookings for this period 'e now being accepted. Preceding lese dates there will be simultaneous orld premieres in New York, Paris, ondon and Vienna on February 21st, > part of a gigantic plan for an all- me high in pre-release campaigns. The New York opening at the trand Theatre will be attended by the most elaborate ceremonies ever arranged for a stage or screen pre- miere. The maiority of the film's stars will come East for the occasion and a nation-wide broadcast from the stage of the Strand will be participated in by celebrities in the audience. For- mal dress will be the order and Man- hattan's social and theatrical elite will also participate. Seats for the New York opening are scaled at $5 top, with a share of the proceeds to charity. National Plugs To Sell 'Wonder' Film National exploitation tie-ups blan- keting the country are now in process of completion by Warner Bros, as advance aids in selling "Wonder Bar" to the public. One of the first big blasts will be via Coca-Cola and its national coverage in dozens of large circulation publications. Other tie-ups will cover all the possibilities for giv- ing exhibitors local coverage through national plugs. Full details will be in- cluded in the special merchandising plan now in work by Warners. By Request Kay Francis and Ricardo Cortez, appearing together in "Wonder Bar," are teamed for the third time in recent months. The combine has re- sulted in an increase of fan mail for both stars and has established them as one of the best-selling duos in pic- tures. One of the Many Sumptuous Sets in "Wonder Bar" runs for twelve minutes and is re- garded as a new high for elegance in construction and imagination in con- ception. Another featured spectacle is the "Hall of Mirrors," in which the Berkeley beauties are multiplied six- teen times in number by the use of the largest plate glass mirrors ever constructed on the Coast. Berkeley's Reward Then there's the "Pillars of Song" number, with endless rows of huge, gleaming columns forming a stun- ningly simple setting for intricate chorus routines. Warner Bros, gave Berkeley carte blanche on "Wonder Bar" to exceed all past extravaganzas, and his work has already won for him his first solo directorial job, on "Dames," co- starring Dick Powell and Ruby Keeler. advertisement advertisement PICTURES fM NOW AVAILABLE FOR PRE-RELEASE HEATERS STORY, CONTINUITY and DIALOGUE by ADELE BUFFINGTON Suggested by "THE PEACOCK SCREEN" By FANNY HEASLIP LEA A polite crook, a society Raffles, loses confidence in his own confidence game when a moll with a lurid past breezes into his life . . . and the hard- boiled con man turns into a Romantic Romeo. To- gether they make the hard trek over the right road to win out. A keen, expertly written story that combines heartthrobs and hair-raising suspense. with this strong cast BILL BOYD Dorothy Mackaill JUNE COLLYER ALAN MOWBRAY WILLIAM COLLIER, SR. GUINN WILLIAMS Directed by Phil Rosen STORIES BY FAMOUS AUTHOE MADE BY A VETERAN PRODUCE M. H.HOFFMAN Who Gave You MOTHER! MILLION/ and MAD PARJ AVAILABLE FEB. 22nd FOR PRE-RELEASE When Strangers Meet STORY, CONTINUITY and DIALOGUE by ADELE BUFFINGTON Suggested by "THE WAY" By ZONA GALE A unique picture . . with an all star cast of great performers . . . A production interpreted by superlative artists, fine direction . . . A human, powerful story of elemental emotions . . . Extraordinary entertainment that the industry and public will acclaim. Wl th RICHARD CROMWELL - ARLINE JUDGE LUCIEN LITTLEFIELD - CHARLES MIDDLETON HALE HAMILTON -SARAH PADDEN-MAUDE EBURN BARBARA WEEKS - SHEILA TERRY - RAY WALKER Directed by CHRISTY CABANNE RECORDED BY RCA-VICTOR SYSTEM IN PRODUCTION TAKE THE STAND Suggested by "THE DEUCE OF HEARTS" By EARL DERR BIGGERS Screen Play by ALBERT DEMOND Directed by PHIL ROSEN Coarse, sensuous, unfeeling . . . living by her wits ... a tfoman suddenly finds herself the central figure in a murder nystery that defies solution. Impending disaster brings to her he realization of a wasted life . . . and a rousing trial scene, lie climax of this mighty drama, finds her a changed woman; raking this an amazingly gripping narrative! Wl th JACK LA RUE - THELMA TODD GAIL PATRICK - RUSSELL HOPTON BURTON CHURCHILL - VINCE BARNETT LESLIE FENTON - SHEILA TERRY IAD HONEYMOON Suggested by "SEARCH FOR THE SPRING" "There's a little bit of bad in every good h little girl". . . and instead of a cold shoulder she got warm embraces when she turned on her hotcha vamp technique to catch her Lt man. A merry melee of modern matrimony . . . with a carload of laughs! ■40R GATES THE QUITTER Suggested by "THE BIG MITTEN Damon Runyon's staggering narrative of a man's compromise between courage and cowardice; the sanctity of a pledge cata- pults a virile he-man into amazing adventures in a red-blooded, pulsating drama bristling with electric thrills and hair-raising action. Damon runyon CHOOL FOR GIRLS Without Children * ggested by "OUR UNDISCIPLINED DAUGHTERS" "Finishing schools . . . and what they finish! A straight-from-the-hip story of modern youth . . . including single standards, double beds, and triple bromides! And a four star finish!" EGINALD ■IT KAUFFMAN Suggested by "EYES OF YOUTH" Overwhelming in its sincerity, profound in its presentation of the truth, this frank, daring story mirrors dramatically a vital situation that finds its counterpart in countless homes. Rich in human interest, with an outspoken message for every thinking adult in the land, "Without Children" will prove one of the greatest screen plays of our time. MRS. WILSON WOODROW TWO HEADS ON A PILLOW Suggested by "THE ETERNAL MASCULINE" Two hearts, two souls made as one . . . what joys, what sor- rows lie on their unchartered course! Here is a truly brilliant comedy-drama of the first . . . the second . . . the third year; its chuckles and chagrins, smiles and sighs, triumphs and tears! PICTURES CORPORATION M. H. HOFFMAN, President Pathe Studios CULVER CITY, CALIF. BUDD ROGERS, Gen'/ Sales Manager 1776 Broadway. NEW YORK MOTION PICTURE DAILY Hollywood" $20,400 Hit On the Coast Los Angeles, Feb. 4. — Big money here last week went to "Going Holly- wood." Evidently the Hollywoodians wanted to know how they go, for the gross at Loew's State reached $20,400, over normal by $6,400. "Eskimo" also developed strength with a take of $6,450 at the 4 Star. "Angkor," with $5,000, was a big sur prise at the Criterion. "Little Women" was taken out of Grauman's Chinese at the end of its eighth week. Total first run business was $95,819. Average is $109,750. Estimated takings for the week end- ing Jan. 31 : "LITTLE WOMEN" (Radio) CHINESE— (2,500), 50c-$1.65, 6th week, 4 days. Sid Grauman prologue. Gross: $8,411 (Average, $14,000.) "ANGKOR" (H. W. Warner & Roy Purdon Prod.) CRITERION— (1,610), 25c-40c, 2nd week 7 days. Gross: $5,000. (Average, $2,800.) "JULY 14" (Rene Clair) 2nd Week, 1 Day "I WAS A SPY" (Fox) 6 Days FILMARTE— (800), 40c-50c. Gross: $2,204. (Average, $2,650.) "ESKIMO" (M-G-M) 4 STAR— (900), 50c-75c, 7 days. Gross: $6,450. (Average, $4,500.) "GOING HOLLYWOOD" (M-G-M) LOEW'S STATE^(2,413), 25c-40c, 7 days. Gross: $20,400. (Average, $14,000.) "CROSS COUNTRY CRUISE" (Univ.) PANTAGES — (3,000), 25c-55c, 7 days. Stage: Henry Santrey with his 1934 revue. Gross: $5,160. (Average, $7,000.) "4 FRIGHTENED PEOPLE" (Para.) PARAMOUNT— (3,595), 25c-40c, 7 days. Stage: F. & M. Revue, Harry Rose, Ginn & Fizz, Picchiani Troupe. Gross: $17,894. (Average, $18,000.) "HIPS, HIPS HOORAY" (Radio) RKO^(2,700), 25c-40c, 7 days. Gross: $3,800. (Average, $8,000.) "I'M NO ANGEL" (Para.) 4th Week, 1 Day "GALLANT LADY" (U.A.) 6 Days UNITED ARTISTS — (2,100), 25c-40c. Gross: $11,500. (Average, $12,800.) "MASSACRE" (F.N.) WARNER BROS. (Hollywood)— (3,000), 25c-40c, 7 days. Gross: $8,000. (Average, $14,000.) "MASSACRE" (F.N.) WARNER BROS. (Downtown)— (3,400), 25c-40c, 7 days. Gross: $7,000. (Average, $12,000.) "Rio" at $16,000 Smash Denver Hit Key City Grosses Hold on; 135 Houses Do $1,348,51 7 (Continued from page 1 ) Omaha, Portland, Providence and Seattle. Cities reporting a drop are Buffalo, Chicago, Minneapolis, Philadelphia, Pittsburgh, San Francisco and St. Paul. How the two weeks compare : Week Ending Week Ending Jan. 26-27 Jan. 19-20 No. Theatres Gross Boston 6 $112,500 Buffalo 5 43,700 Chicago 7 125,500 Cleveland 6 44,450 Denver 5 39,500 Des Moines 5 29,500 Detroit £ 66,300 Indianapolis 5 26,000 Kansas City 4 37,700 Los Angeles 10 85,615 Minneapolis 5 24,000 Montreal 5 43,000 New York 12 308,452 Oklahoma City 4 17,600 Omaha 4 26,500 Philadelphia 9 87,400 Pittsburgh 7 40,900 Portland 5 23,000 Providence 6 48,400 San Francisco 7 64,500 St. Paul 5 16,000 Seattle 7 38,000 135 $1,348,517 No. Theatres 6 5 7 6 5 5 6 5 4 11 5 5 12 4 4 9 7 5 6 7 5 7 136 Gross $109,000 53,800 134,000 42,500 32,250 29,000 60,100 22,500 35,500 111,270 25,700 41,800 242,547 12,800 22,750 98,500 50,700 22,500 38,300 66,600 18,150 35,000 $1,305,267 Comparative grosses for the last eighteen weeks, compiled from day-by-day box-office reports, show this : Week Ending September 29-30, 1933 October 6-7 October 13-14 October 20-21 October 27-28 November 3-4 November 10-11 November 17-18 November 24-25 December 1-2 December 8-9 December 15-16 December 22-23 December 29-30 January 5-6, 1934 January 12-13 January 19-20 January 26-27 (.Copyright, 1934, Quigley Publications) Theatres Grosses 135 $1,342,710 141 1,417,886 143 1,544,838 141 1,581,308 143 1,509,422 142 1,500,740 141 . 1,379,560 144 1,375,132 141 1,431,209 141 1,418,753 142 1,558,832 139 1,221,032 133 1,071,457 138 1,433,289 136 1,714,824 138 1,435,649 136 1,305,267 135 1,348,517 Dinner at Eight" Eases Into Top Spot in Seattle Denver, Feb. 4. — "Flying Down to Rio" easily at $16,000 topped the first runs the past week and ran the take to more than 50 per cent above nor- mal. Standouts were the rule. Leo Carrillo in person also helped the gross. Other first runs, with the ex- ception of the Aladdin, were above normal. The Aladdin had an aver- age week. First run business was $38,000. Average is $29,750. Estimated takings for the week end- ing Feb. 1 : "HOUSE ON 56TH STREET" (Warners) ALADDIN— (1,500), 25c-40c, 7 days. Gross: $3,500. (Average, $3,500.) "ALL OF ME" (Para.) DENHAM— (1,500), 25c-30c-40c, 7 days. Stage, show. Gross: $7,500. (Average, $6,000.) "ESKIMO" (M-G-M) DENVER— (2,500), 35c-35c-50c, 7 days. Gross: $8,000. (Average, $7,500.) "FLYING DOWN TO RIO" (Radio) ORPHEUM— (2,600), 25c-35c-50c, 7 days. Stage show. Gross: $16,000. (Average, $10,000.) "LITTLE WOMEN" (Radio) PARAMOUNT — (2.000) , 25c-40c, 7 days. Gross: $3,000. (Average, $2,750.) Seattle, Feb. 4. — "Dinner at Eight" at the Fifth Avenue took the local lead this week, with a gross about $3,000 over the normal $7,000. It went into a second week. Second in the running was the Para- mount, with its new stage and screen policy at 20 and 30-cent prices. "Fugi- tive Lovers" was the film attraction, plus six acts of vaudeville and Jules Buffano's band. The gross was about $8,500. Average is $6,000. Other houses suffered. "House on 56th Street" in its second week at the Music Box was below par, and dual bills at the Roxy and Orpheum were somewhat below normal. "The In- visible Man" at the Blue Mouse was good for average business and the Lib- erty's dual bill stood up well. Total first run business was $38,000. Average is $36,500. Estimated takings for the week end- ing Jan. 27 : "THE INVISIBLE MAN" (Univ.) BLUE MOUSE— (950), 25c-35c-50c, 7 days. Gross: $3,750. (Average. $4,000.) "DINNER AT EIGHT" (M-G-M) FIFTH AVENUE — (2.4501 , 25c-40c-55c, 7 days. Gross: $10,000. (Average, $7,000.) "YOU MADE ME LOVE YOU" (Maj.) "THE FIGHTING CODE" (Col.) LIBERTY— (1.800). 10c-15c-25c. 7 days. Gross: $3,750. (Average. $4,000.) "HOUSE ON 56th STREET" (Warners) MUSIC BOX— (950), 25c-35c-50c, 7 days, 2nd week. Gross: $3,000. (Average, first week, $4,000.) "HIS DOUBLE LIFE" (Para.) "THE BIG SHAKEDOWN" (F.N.) ORPHEUM— (2,500). 25c-35c-50c, 7 days. Gross: $4,500. (Average, $6,000.) "FUGITIVE LOVERS" (M-G-M) PARAMOUNT— (3.050). 20c-30c. 7 days. Six acts vaudeville headed by Vitaphone Four. Jules Buffano's Band. Don Isham. organist. Gross: $8,500. (Average. $6,000.) "LETS FALL IN LOVE" (Col.) "THE LAST ROUNDUP" (Para.) ROXY— (2,275), 15c-25c-35c, 7 days. Gross: $4,500. (Average, $5,000.) Monday, February 5, 1934 "Castle" and "Lady Killer" Lead Frisco San Francisco, Feb. 4. — "A Man's Castle" broke above average last week at the Golden Gate, getting $14,000, up by $1,000. At the Warfield "Lady Killer" rallied in the closing days to garner $19,000, listed as average for this house. Henry Santrey's band brought in the business at the Fox, with two feature pictures, where gross was $12,000, a good $3,000 over aver- age. Other houses held up fairly well. Total first run business was $66,600. Average is $69,500. Estimated takings : Week Ending Jan. 16: "A MAN'S CASTLE" (Col.) GOLDEN GATE — (2,800), 25c-35c-40c, 7 days. Stage: Band. Gross: $14,000. (Aver- age, $13,000) Week Ending Jan. 17: "WOMEN IN HIS LIFE" (M-G-M) "RAFTER ROMANCE" (Radio) ORPHEUM— (3,000), 15c-35c-40c, 7 days. Gross: $5,000. (Average, $9,000) "LADY KILLER" (Warners) WARFIELD — (2,700). 25c-35c-55c-65c-90c. 7 days. Stage: Band. Gross: $19,000. (Av- erage, $19,000) "FUGITIVE LOVERS" (M-G-M) "EIGHT GIRLS IN A BOAT" (Para.) PARAMOUNT— (2,670), 15c-25c-30c-40c- 55c, 7 days. Gross: $8,000. (Average, $12,- 000) "HORSEPLAY" (Univ.) "FURY OF THE JUNGLE" (Col.) FOX— (4,600), 10c-15c-25c-35c, 7 days. Stage: Henry Santrey band. Gross: $12,- 000. (Average, $9,000) Week Ending Jan. 19: "RED HEAD" (French) FILMARTE— (1,400), 25c-35c-40c, 7 days. 2nd week. Gross: $1,600. (Average, $1,500) Week Ending Jan. 20: "ROMAN SCANDALS" (U. A) UNITED ARTISTS— (1,200), 25c-40c-50c, 7 days, 4th week. Gross: $7,000. (Average, $6,000) "Skitch" and Show $12,000, Montreal Montreal, Feb. 4. — Main stem houses turned in a good week with an assortment of worthwhile attractions and little in the way of sport opposi- tion. "Mr. Skitch" and vaudeville made it $12,000 for Loew's, while "Design for Living" brought cash to the Capitol to the extent of $11,500. The Princess featured "The Lady Is Willing" as a world premiere and the take was up to $7,500. "Invisible Man" and "You Made Me Love You" at the Palace were good for a fair $10,000. The weather was snappy, but Montrealers are used to it. Total business was $43,000. Aver- age is_ $36,500. Estimated takings for the week end- ing Jan. 17 : "DESIGN FOR LIVING" (Para.) CAPITOL— (2,547), 25c-35c-50c-60c-75c, 7 davs. Gross: $11,500. (Average, $9,000.) "FANNY" (French) IMPERIAL — (1,914), 25c-35c-4Oc-50c, 7 days. Gross: $2,000. (Average, $2,000.) "MR. SKITCH" (Fox) LOEW'S — (3,115), 25c-35c-50c-65c-75c, 7 days. Vaudeville: Ben Blue; The Gray Family: Masters & Gauthier; Four Kings and a Queen; Waller & Lee; Marcus Sisters and Carlton Bros. Gross: $12,000. (Aver- age. $10,500.) "THE INVISIBLE MAN" (Univ.) "YOU MADE ME LOVE YOU" (Majestic) PALACE — (2.600), 25c-35c-50c-6Oc-75c. 7 days. Gross: $10,000. (Average, $11,000.) "THE LADY IS WILLING" (Col.) "FOG" (Col.) PRINCESS — (2.272). 25c-35c-50c-65c, 7 days. Gross: $7,500. (Average, $6,000.) londay, February 5, 1934 ■ MOTION PICTURE DAILY Pickford Big Boston Draw With $39,000 Boston, Feb. 4. — Personal appear- kce of Mary Pickford, coupled with ienty of publicity before and during •;r sojourn here, packed the Metro- ilitan during the week, with "All of •i.e" as the screen attraction. Box- Sees groaned under a jump of 1,000 above average. The total was ,89,000. , "Our Mary" was not the only star screendom on the Boston boards, bwever, with Doris Kenyon at the KO Boston, where second honors •r the week were scored. "As Hus- inds Go" was the screen feature, the >mbination being good for $20,000. "Gallant Lady" at Loew's State and His Double Life" at RKO Keith's ere both above the average, the )rmer by $2,500 and the latter by 3.000. Total first run business was $112,- 00. Average is $95,000. Estimated takings for the week end- ig Jan. 25 : "AS HUSBANDS GO" (Fox) BOSTON— (2,900), 25c-50c, 7 days. Doris Lenyon on stage. Vaude. Gross: $30,000. Average, $16,000.) "CONVENTION CITY" (F.N.) "HIS DOUBLE LIFE" (Para.) FENWAY — (1,800), 30c-50c, 7 days. Gross: 3.000. (Average, $9,000.) "I AM SUZANNE" (Fox) KEITH'S — (3,500), 30c-50c, 7 days. Gross: IS.OOO. (Average, $16,000.) "GALLANT LADY" (U.A.) LOEW'S STATE— (3,700), 35c-50c, 7 days, 'aude. Gross: $18,500. (Average, $16,000.1 "ALL OF ME" (Para.) METROPOLITAN — (4,350), 30c-65c, 7 ays. Mary Pickford on stage with com- iany in "The Church Mouse." Gross: 39,000 (Average, $28,000.) "CONVENTION CITY" (F.N.) "HIS DOUBLE LIFE" (Para.) PARAMOUNT— (1,800), 30c-50c, 7 days. >oss: $9,000. (Average, $9,000.) 'Gallant" Strong In Omaha, $7,500 Omaha, Feb. 4. — "Gallant Lady" it the Paramount took a par $7,500 or the best comparative showing of he week. "If I Were Free," with "Fifty Mil- ion Frenchmen" on the Brandeis stage, was good for $6,500. "Bombay Mail," with "Cecil and Sally" on the ;tage at the World and "Sons of the Desert" and "Eight Girls in a Boat" it the Orpheum were slightly off. Total first run business was $26,500. \verage is $27,500. Estimated takings : Week Ending Jan. 24: "GALLANT LADY" (U.A.) PARAMOUNT— (2,900), 25c-35c-40c, 7 days. >oss: $7,500. (Average, $7,500.) Week Ending Jan. 25: "IF I WERE FREE" (Radio) BRANDEIS — (1.500), 25c-35c-60c, 7 days, stage: "Fifty Million Frenchmen." Gross: 56.500. (Average. $6,500.) "BOMBAY MAIL" (Univ.) WORLD— (2.200). 25c-35c, 7 days. Stage: 'Cecil & Sally." Gross: $5,000. (Average, 55,500.) Week Ending Jan. 26: "SONS OF THE DESERT" (M-G-M) "EIGHT GIRLS IN A BOAT" (Para.) ORPHEUM— (3.000), 25c-35c-40c, 8 days. Gross: $7,500. (Average, $8,000.) Change "Chan" Title Hollywood, Feb. 4. — Fox has changed the title of the Charlie Chan picture from "Chan's Challenge" to "Chan's Courage." Hollywood On Parade By BILL SWIGART Hollywood, Feb. 4. — This one is hard to believe, nevertheless it is so. Rudy Vallee's favorite crooner is Bing Crosby. He plays his records for hours on end. Lilian Harvey, who has been re- ported in Palm Springs at various times for the past six months, has yet to set eyes on the film colony's fa- vorite winter resort. • Ever since the recent flood riled up the water in the Los Angeles reser- voirs, Richard Dix has observed that "we are now all taking baths and then dusting off." • Next month will mark the 26th year since Col. William Selig established the first permanent studio in Los Angeles. That was the time when leading actors were paid as high as $30 per week. • Edwin Anthony Brown, who did "Whitey" in "Queer People," dedica- ted his latest book : "To my bootlegger, without whose assistance this book could not have been written." • In explaining the term "contingent fee" to Ernest Pagano, Buster Kea- ton said : "It means that if you lose the case, the lawyer gets nothing . . . and if you win the case, you get nothing." • Jeanie MacPherson has rounded out 20 years of service as a writer for C. B. De Mille by delivering her latest yarn, "Cleopatra" for the pro- ducer's next to be made for Para- mount. • Florence Desmond writes from New York that the only autograph she has failed to get in her famous collection is that of Janet Gaynor. Jean Her- sholt has just donated a large piece of mazuma to the Royal Museum of Art in Denmark. That's patriotism. • Caricaturing and burlesquing screen celebrities in cartoon reels has become so prolific and daring that the actors are beginning to squawk and may force the cartoon makers to get writ- ten permission and possible compen- sation in the future for the use of one of their most valuable assets. • A local independent leasing studio has changed its name, but hasn't fooled one of its ex-carpenters who sez — "What's de use of woiking for dat mob even if de name is changed. De checks bounce just the same. Dey repainted de joint to look like a Pack- ard, but it's still a Chevrolet to me." • The calibre and quality of stories now being submitted to prospective di- rectors for approval is evidenced in the case of Tay Garnett, who has read over 40 yarns up for production and is not sold on any one of them. Garnett either must be hard to please or the standard of present day material is much below par. • Jack Hays, producer of the "Baby Burlesk" comedies for Educational, who uses only youngsters between the ages of two and four, states his main dif- ficulty is not in finding talented kids, but in finding clever youngsters, who at the same time, have sensible par- ents. The fond mammas and pappas cause him to buy more as_pirins than any other production problem. • A stranger accosted Preston Fos- ter in a New York elevator recently and requested his autograph. Foster accommodated and, upon doing so, was invited to visit the stranger the next time he happened to be in Baltimore. Foster did and found the autograph seeker was a publisher. It was a pleasant meeting and the actor is now constantly receiving first editions. • Survey of divorces among show folks for 1933 shows 29 decrees and 16 pending. This, of course, includes Los Angeles only and does not cover Las Vegas, Reno, Mexico and other divorce meccas. . . . That fight between Rudy Vallee's pooch and Pat Patterson's in the Fox studio commissary has resulted in a "No Dogs Allowed" sign at the entrance to the eatery. • One of the few honest cases of hero worship in Hollywood is felt by Bill Gargan for Leslie Howard. Gargan even named his new baby after Leslie. You remember that William's first big hit on the screen was his role with Leslie in "Animal Kingdom." It is interesting, then, to note that one of the few requests that Howard made of Radio on his next picture there, "Of Human Bondage," is that the cast include Gargan. • Norman Foster, who, by mutual consent lives apart from his wife, Claudette Colbert, thereby forming a modern Utopia of wedded life and get- ting along swell at it, is having a tough time getting his beach house painted. Every time he paints a door or some other part of the domicile red, Claudette shows up and demands he daub it with a dash of green. He's been working on the shack so long now that with similar interruptions, he's becoming color blind. • Oscar the Penguin, now working in his fifth picture, "No More Women" at Paramount, earns $125 a week, more than the average bit play- er makes. . . . Both Walt Disney and Edgar Allen Woolf used the motif of "The Big Bad Wolf" for their Christmas cards. While speak- ing of cards, David Wark Griffith rated tops for the most beautiful card received here in many moons, while the Bruce Cabots get credit for send- ing the most elaborate. ... In an- swer to many inquiries as to what Bill Haines is doing, it can be said at present, he is redecorating Joan Crawford's house for the third time. . . . Dick Powell is giving the rest of the Warner stars a headache be- cause he receives more fan mail than any other on the lot. Jack Miller in Florida Chicago, Feb. 4. — Jack Miller of the Chicago Exhibitors' Ass'n. is tak- ing a vacation at Miami. His case before Federal Judge Barnes will come up again on Feb. 17. "Carolina" Is Detroit High With $19,400 Detroit, Feb. 4. — "Carolina," gross- ing $19,400, was over average $4,400 at the Fox, proving the best bet in a week that was off due to zero weather in its early days. "Gallant Lady," which netted $11,- 100 at the United Artists, was the only other to beat par, being $1,100 above. Total for the week was $61,400, against an average of $77,000 and $66,300 the previous seven days. Estimated takings for the week end- ing Feb. 1 : "AGGIE APPLEBY" (Radio) "OLSEN'S BIG MOMENT" (Fox) DOWNTOWN— (2,750), 15c-40c, 7 days. Gross: $5,100. (Average, $10,000.) "DINNER AT EIGHT" (M-G-M) FISHER — (2,975)., 15c-40c, 7 days, 3rd week. Gross: $6,200. Average, $10,000. "CAROLINA" (Fox) FOX— (5,100), 15c-50c, 7 days. Stage: Mary Small, Vic Oliver, Stone & Vernon, Gordon, Reed & King. Gross: $19,400. (Av- erage, $15,000. "ALL OF ME" (Para.) MICHIGAN— (4,100), 15c-50c, 7 days. Stage: Estelle Taylor, Emil Boreo. Gross: $15,300. (Average, $20,000.) "GALLANT LADY" (U. A.) UNITED ARTISTS— (2,070), 25c-50c, 7 days. Gross: $11,100. (Average, $10,000.) "BIG SHAKEDOWN" (F. N.) STATE— (3,000), 15c-50c, 7 days. Stage: Eddie Loughton, Eddie Lambert, Slim Tim- blin. Gross: $4,300. (Average, $12,000.) "Widows" Grosses ,500, Portland Portland, Feb. 4. — "Havana Wid- ows," or "Gold Diggers in Havana" as re-named by the Broadway, brought in but $6,500, or only $500 over aver- age. "Dinner at Eight" at United Artists came up to average and was held for a third week. "Right to Romance" at the Music Box drew $3,500, or $500 over av- erage. First run totals were $22,500. Av- erage is $21,000. Estimated takings for the week end- ing Jan. 19 : "HAVANA WIDOWS" (F. N.) BROADWAY— (1,912), 25c-35c-40c, 7 days. Gross: $6,500. (Average, $6,000) "THE RIGHT TO ROMANCE" (Radio) HAMR.ICK'S MUSIC BOX— (2,000), 25c- 35c-40c, 7 days. Gross: $3,500. (Average, $3,000) "LADY KILLER" (Warners) HAMRICK'S ORIENTAL — (2,040), 25c- 35c, 7 days. Gross: $2,500. (Average, $2,000) "AS HUSBANDS GO" (Fox) "GIRL WITHOUT A ROOM" (Para.) PARAMOUNT — (3,008), 25c-35c-40c, 7 days. Gross: $5,000. (Average, $5,000) "DINNER AT EIGHT" (M-G-M) UNITED ARTISTS— (945), 25c-35c-40c, 2nd week, 7 days. Gross: $5,000. (Average, $5,000) Sue Mid-States Combine Detroit, Feb. 4. — Julius and Anna Fischer, operating the Plaza, have filed suit against Mid-States Theatres, Inc., charging that the Plaza has been un- able to obtain sufficient product, be- cause Mid-States buys away from it for the East End, a Fred DeLodder house. M-G-M Holds Ted Healy Hollywood, Feb. 4. — M-G-M has signed Ted Healy to a new contract. MOTION PICTURE DAILY Looking 'Em Over "You Can't Buy Everything" (M-G-M) May Robson does a finished job of acting in a story of warped mother love, with the romantic phases more or less incidental. It may have been suggested by the life of Hetty Green. She takes her young son to the charity ward of a hospital and a few minutes later storms into a bank because she has learned that Lewis Stone has been made a vice-president. As the story progresses, it develops that Stone is the supreme hate of her life, because he had jilted her in her girlhood. Slaving to add to her wealth, she forces her son to enter her bank after he has finished college and keeps him from social contacts until he meets Jean Parker, daughter of the man she hates. When the son, William Bakewell, marries the mother watches the wedding from afar. In the panic of 1907 she tries to ruin Stone. Her son denounces her. Later, when she is recovering from pneumonia, there is a reconciliation. It is a rough, shrewish role, lightened at times by flashes of sympathy for the downtrodden, but played splendidly. Miss Parker is appealing and Bakewell is adequate, but acting honors go to the older members of the cast, Mary Forbes, Claude Gillingwater, Stone and Miss Robson. Charles F. Riesner's direction is smart throughout and Len Smith's photography is high class, but whether the story with its adult appeal in a period running from about 1892 to 1907 will draw younger theatregoers remains to be seen. "I've Got Your Number" ( Warners ) Exploits of a telephone trouble sleuth with a plethora of wisecracks and a romance thrown in for swell entertainment. An audience at the Roxy regaled itself hugely at Pat O'Brien, Allen Jenkins and Joan Blondell. The final scene is a pip and an ace windup for this chuckler. O'Brien and Jenkins, co-workers, have been meeting a lot of pretty girls while making repair calls, but the former gets stuck on Miss Blon- dell and sticks to her until she consents to go out with him. Used as a dupe on a racing tip-off by a gang of racketeers, the heroine is fired from her hotel job and O'Brien get her one with an investment broker. The same slicker who pulled the former phoney deal which cost Miss Blondell her job learns of her new connection and cleverly manipulates a maneuver which nets him $90,000 in negotiable bonds. Miss Blondell flees when she learns of the trick and O'Brien is accused of playing in cahoots with her. He finally corrals the slick thieves after tapping a couple of wires and vindicates the girl. He gets $1,000 reward for the return of the bonds and also marries the heroine. The ending finds them about to retire on their wedding night when a crew of tele- phone trouble chasers break in on the apartment and just won't let the couple spend a peaceful evening alone. 10 Arthur Cole Rounds Out 20 Years in Job Kansas City, Feb. 4. — Arthur Cole, Paramount office manager, is receiving congratulations on comple- tion Feb. 1 of 20 years of continuous service in one office. Locally this is believed a record among film company employes. With previous experience in the U. S. Navy and the printing field, Cole entered the business in Feb., 1914, in charge of the printing department of the Kansas City Feature Film Serv- ice Co., owned by A. D. Flintom. The firm soon after became the Famous Players exchange here and, by evolution, the present Paramount branch. In 1919 Cole served under S. R. Kent, at that time Paramount district manager here. Cole served as manager, after twice refusing the post, and later, at his request, was returned to the office manager's position. Five of Fox Studio Publicity Staff Out Hollywood, Feb. 4. — Resignations of Paul Snell and Thornton Sargent from the Fox Publicity Department, brought the total to five since the ar- rival of Gabe Yorke. Those resign- ing earlier in the week were Harry Brundidge, Kay Mulvey and Bertha Jancke. Frances Deaner, formerly handling magazine contacts for the studio, re- turns to her post of a year ago, while Snell has joined the M-G-M staff. Mel Riddle has left the Radio publicity department to join the Fox staff. Talk New Vancouver Producing Venture Vancouver, Feb. 4. — Another pro- duction venture is under discussion, with J. G. Todhunter as president of the advisory board. It is to be called Better Pictures. Todhunter says he hopes to get a grant of land from the British Colum- bia government. Scheck, Leventhal South Baltimore, Feb. 4. — Robert Scheck, president of the Philip J. Scheck Theatrical Enterprises, and his gen- eral manager, Meyer Leventhal, leave Tuesday for a vacation in Miami. Scheck's mother and sister have al- ready sailed. Transfer Frank Damis Pittsburgh, Feb. 4. — Frank Damis, assistant zone manager here for Warners, has been transferred back to the New Jersey district where he will assume a similar position under Don Jacocks. Damis came here with Harry Kalmine in October, 1932. Subbing for Lackey Hollywood, Feb. 4. — Paul Malvern has postponed production on "The Man From Utah" for Monogram to Feb. 22. The producer was forced to step into the shoes of William Lackey on "City Limits" due to the recent death of Lackey's mother. "Christina" Closing Set "Queen Christina" closes at the Astor Feb. 12 to make way for "Catherine the Great," which opens two days later. Radio Signs Jane Murfin Hollywood, Feb. 4. — Jane Murfin has signed a Radio ticket to do the screen play for "Green Mansions" from the original novel by W. H. Hudson. Joel McCrea and Dolores Del Rio have been spotted in the featured roles. Herrick Short for Easter F. Herrick Herrick's latest Vaga- bond Adventure short, "The Holy Land," is to be released by Van Beuren-RKO as an Easter attraction. The film is claimed to have the first scene made at the tomb of Christ. Laskys Back to Coast Hollywood, Feb. 4. — Jesse Lasky and Jesse Lasky, Jr., will return to Hollywood on Monday following a vacation in Havana. "Devil Tiger" Feb. 7 Fox's "Devil Tiger" will have its world premiere at the Rialto, New York, Feb. 7. M. B. Shanberg in Florida Kansas City, Feb. 4. — M. B. Shanberg, former circuit operator, who is figuring prominently in litiga- tion with Loew's and Fox West Coast, does not permit his court battles to interfere with his vacations. His office here reports he is basking in sunny Florida and will be gone the rest of the winter. Drop Alliance Receiver Alliance, Feb. 4. — The receiver for the Columbia has been discharged, and the Columbia is now included in the Tri-Theatres Inc., Circuit, oper- ated by Ray Wallace. "Fighting Priest" Booked The one-reel short, "The Fighting Priest," has been booked by the RKO Metropolitan circuit for 36 houses through Inter-American Film, Inc. Warren Joins Allied Frank Warren, formerly manager of the Garden, Princeton, N. J., has joined Allied of New Jersey as con- tact man on a membership drive. Monday, February 5, 1934 Insiders? Outlook (Continued from page 2) Chicago. Half hour before the first show, the yarn goes, Miss Gray sent for the house manager and refused to appear because she had not been accorded top billing. Business of the manager not getting it. He raised the question and was informed B. and K.'s name was above the dancer's. What Gilda didn't know was that it has been insti- tutional with Barney and John Balaban for years to talk about their houses as "B. and K.'s Chi- cago" and so on. P.S. : She went on. . . . ▼ There will be some conjecture about Newsreel Theatres, Inc., its five-year lease, plus an option up to 10, on the Embassy and revival of the newsreel theatre idea along the Main Stem. For, associated with F. C. Wood are two Pathe News men. One is Harold Wondsel, editor-in-chief of the reel. The other is W. French Githens, the former's assistant. That doesn't mean, as might appear likely, that Pathe News is behind the venture. While it will give the reel a swell representation on Broadway, the men involved have stepped into the proposition as a personal move, the money having been raised by them for the purpose. T Interesting, new slant on the two-picture Catherine cycle is the impending deal for "The Scarlet Empress," Dietrich ver- sion, to play the U. A. Rivoli as part of that house's three-picture deal closed with Paramount when U. A. took over the theatre solo. Interesting, because United has the Bergner Catherine opus. . . . Hollywood insists on credit- ing the Lasky-to-Radio report. The fact Jesse's contract with his present company has several years to go apparently makes no difference. , . KANN More Space for Amity Larger quarters have been leased by John M. Crinnion, executive vice- president of Amity Pictures, at 729 7th Ave. H. William Fitelson, of Fit- elson and Mayers, the firm's legal representatives, will have space at the new offices, which will be ready for occupancy Feb. 15. "Palooka" Show Set "Palooka," Reliance-U. A. release will be trade shown in all key cities tomorrow. The New York spot is al the Astor here at 11 A.M. Hummel to Move On Joe Hummel, foreign sales manager for Warners, leaves Australia foi South Africa Wednesday on hi; round-the-world trip for the company WE CANNOT TELL A LIE! (It's Washington's Birthday Eve) You Must Hurry And Get Your Ticket Or You May Miss Out On The Biggest, Gayest Party This Industry Has Ever Staged. Reservations Are Going Fast . . . The Waldorf- Astoria Ballroom Is Big . . . But Capacity Is Capacity. Entertainment! . . . Dancing! . . . Midnight Supper! Talkies Filmed and Screened The Same Night! Dance Music By Famous Bands Spectacular Acts From Reigning Broadway Hits Repeat Guest Orchestras From Leading Night Clubs Special Breakfast Show At 5:30 A.M. HURRY Tickets Ten Dollars Per Person Send Reservations to Wm. Brandt Chairman of Entertainment Committee GLOBE THEATRE, TIMES SQUARE, NEW YORK CITY Another spectacular addition to EDUCATIONAL PICTURES' long list of big name short subject box-office stars, already including ERNEST TRUEX ANDY CLYDE STOOPNAGLE AND BUDD HELEN MORGAN TOM HOWARD BOB HOPE LILLIAN ROTH MILTON BERLE JUNIOR COGHLAN TOM PATRICOLA SHIRLEY TEMPLE CHARLES JUDELS %5 ; The Leading Newspaper of the Motion Picture Industry MOTION PICTURE DAILY Alert, Intelligent and' Faithful Service to the Industry in All Branches L. 35. NO. 31 NEW YORK, TUESDAY, FEBRUARY 6, 1934 TEN CENTS nqualified ode Assents Reach 6,934 '.port 717 More Come In Within 5 Days ;i the last five days, Code Authority- received a total of 717 unqualified :nts, increasing the former figure 5,217 to 6,934. <"ith more than three weeks to go >re the extended deadline of Feb. is reached, there is a possibility : the final assent number will ap- ach 8,000. Many independent units ">ughout the country, notably Allied iates, are withholding compliances '1 the issue of qualification is set- . by the court. The legal issue is ed to be decided on Feb. 20 when (Continued on page 3) ew Code Board List In, Despite Deadline iecommendations for posts on clear- e and zoning and grievance boards still being received at the office of Code Authority despite expiration the deadline on Jan. 20. All sug- tions are being submitted to Code thority for disposal. Most of the 1 proposals are duplications of nes previously submitted. olds Criterion for Another Six Months 'aramount will retain the Criterion 'perty, which includes Loew's New rk, an additional six months as the ult of issuance of an order by Ref- e Henry K. Davis yesterday author- ig Paramount Publix trustees to r $170,000 in taxes and penalties on property. ["he payment is part of a plan by (Continued on page 7) apitol to Use Name Acts as New Policy rhe Capitol is undergoing a change stage show policy under which the jse again will splurge on name at- ctions. As the first, Buddy Rogers 1 his orchestra and Lionel Barry- (Continued on page 6) . S. Starts Probe Of K. C. Labor War Kansas City, Mo., Feb. S. — Federal estigation into the theatre labor war "e has been launched, with the in- iry promising to delve into operator- (Continued on page 3) Check on Outside Men May Hold Up Board Personnel Investigation of impartial representatives to be named to clear- ance and zoning and grievance boards by Division Administrator Sol A. Rosenblatt may hold up official announcement of the rest of the personnel on Friday, following a meeting of Code Authority. With four boards yet to be tentatively named, the committee on selec- tions meets Thursday to complete the 32 cities. However, the committee has nothing to do with outside personalities. About 125 recommendations for the 64 posts were mailed last night by Executive Secretary John C. Flinn to Rosenblatt, so that the latter could send out wires to government representatives for a complete background on the men mentioned. Columbia Again Stays at 32; Cohn Denies Any Friction Columbia will stick to its current output of 32 features and a program of shorts in 1934-35, declared jack Cohn, vice-president, upon his return to New York from Hollywood yesterday. Once again he came to the defense against rumors of friction between dis- tribution and production when he stated emphatically such was not the case. "To the contrary," he said, "both departments are functioning as har- moniously as it is physically possible to do. Too many people in this busi- ness want to see internal clashes of companies. We are too busy making and selling pictures. As a matter of fact we're giving more than promised. We didn't promise Clark Gable or Claudette Colbert, but we are giving (Continued on page 7) Believe More Loew's Stock Sold by Banks Hayden, Stone and Dillon, Read & Co., Wall St. financial houses, are believed to have disposed of their block of 165,000 shares of Loew's, Inc., in the open market within the past week, during which 190,300 shares have changed hands. Seven days' trading in the issue reached a peak yesterday with a turn- over of 102,100 shares. The closing price was 32%, a gain of two points (Continued on page 6) Para. Helped By Voiding of Rental Claims Wa shington, Feb. 5. — Paramount Publix and its bankrupt theatre sub- sidiary are saved more than $14,000,000 in future rent claims by a decision handed down today by the U. S. Su- preme Court which held that future rent claims filed against a bankrupt are not provable. The ruling clears away one of the major obstacles to the further prog- ress of a plan of reorganization for (Continued on page 6) Zero Weather Hits Takes In East and Middle West Zero weather on the eastern sea- board and in the middle west held down grosses somewhat, except in Boston, last week. San Francisco, which was unaffected by the freezeup, was also slow. "Carolina" made an excellent show- ing with $15,000 in Cleveland. ".Gal- lant Lady" had several good grosses, as did "House on 56th Street." "Miss Fane's Baby Is Stolen" and "Eskimo" were spotty. Minneapolis and St. Paul had noth- (Continued on page 6) No Decisions Arrived at by Administrator Salaries and Ratings to Await Data Study Washington, Feb. 5. — Division Ad- ministrator Sol A. Rosenblatt is back with no decisions made regarding his attitude on salaries, ratings and other subjects. He will have to study his data, he says, before he can reach any conclusions. Everybody on the coast was "entire- ly cooperative" at all times, he said. By holding conferences, he stated, he had been able to secure information procurable in no other way. "Executives in the west have an entirely different viewpoint from those in the east, and their approach to a problem also is different," he said. He will get into the pounds of docu- ments he brought back with him as soon as he has disposed of an accumu- lation of work on his desk. Discussing developments in Wash- (Continued on page 3) Operators' Merger In Court Tomorrow Hearing on the contemplated merger by Local 306 of Empire State Oper- ators' Union comes up tomorrow be- fore Justice Riegelman of the Supreme Court in Brooklyn. Recently, Spring- er & Cocalis obtained an injunction against the combination and decision is expected to be made whether Em- pire can be absorbed. Samuel Birnbaum and Charles H. Tuttle will represent Local 306. Massachusetts Has State Censor Bill Boston, Feb. 5. — Creation of a state board of picture censorship, to consist of five members, of whom one should be a woman and one a clergy- man, is proposed by Representative William P. Dolan of Jamaica Plain in a bill presented to the Legislature today. Showing of crime pictures was severely scored by Representative Dolan in submitting his bill. Mayer Again Heads Producers on Coast Hollywood, Feb. 5. — Louis B. May- er today was re-elected president of the Ass'n. of M. P. Producers for the third term. Jack Warner was chosen to succeed himself as first vice- (Continued on page 7) MOTION PICTURE DAILY Tuesday, February 6, MOTION PICTURE DAILY (Registered U. S. Patent Office) Vol. 35 February 6, 1934 No. 31 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. Clifford, manager; London Bureau: 6 Brookland Close, Hampstead Garden Suburb, Bernard Charman, Representative; Berlin Bureau: Berlin-Tem- pelhof, Kaiserin-Augustastrasse 28, Joachim K. Rutenberg, Representative: Paris Bu- reau: 19, Rue de la Cour-des-Noues, Pierre Autre, Representative; Rome Bureau: Viale Gorizia, Vittorio MalPassuti, Representative: Sydney Bureau: 102 Sussex Street, Cliff Holt, Representative; Mexico City Bureau: Apartadc 269, James Lockhart, Representa- tive; Glasgow Bureau: 86 Dundrennan Road, G. Holmes, Representative; Budapest Bureau: 11 Olaaz Fasor 17, Endre Hevesi, Representative. 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. Edward Mehesy Dead Salt Lake City, Feb. 5.— Edward Mehesy, 65, one of the first picture theatre^ operators here, has passed away in Los Angeles, according- to word received here. Mehesy opened the Mehesy, now known as the Rialto, when pictures were in their infancy. DuWorld Signs Phelps Leroy Phelps, cameraman on Frank Buck's "Wild Cargo," has been signed by Archie Mayers and Irvin Shapiro to produce a series of state rights animal shorts for DuWorld Pictures. Phelps starts for the Far East to- day or tomorrow. To Honor Cohan, Harris m George M. Cohan and Sam H. Har- ris will be guests of honor at a din- ner to be sfiven by the Jewish The- atrical Guild at the Astor on April 8. Eddie Cantor is president of the guild. CsV^ . TICKET REGISTER CORP. TICKETS Standard Quality Tickets Lowest Market Prices Roll or Folded — Any Color Your Own Copy . . Attach Sample Service . . Courtesy . . Satisfaction Mail Us Your Next Order TICKET DIVISION CH. 4 ■ 6810-11 1600 BROADWAY NEW YORK CITY GEORGE MEAD, Gen. Mgr. Off Reflections on events that are cracking in the news columns: ESTABLISHMENT of box-office merit on the basis of royalties is on tap again. While Sol Rosenblatt was in Hollywood last week such a plan, based on the gross, was presented to him on be- half of stars, directors and writers. The division administrator told all and sundry interested he would give the thought serious consideration when he passed up the line recom- mendations drawn from the vol- leys of suggestions fired at him from all Hollywood directions. The royalty idea long has inter- ested this mouthpiece as the one way by which all the hands may be kept happy. Whether on the gross or on the profit depends on how prejudices against such a plan could be overcome. The gross idea seems to rate the jump on profits for reasons and bookkeeping that should tell their own stories. Some there are who have main- tained all along that royalties mean only trouble; that the job is too difficult to undertake ; that it would slow down the normal business of running a distribution machine; that it would result in law suits. It would mean nothing of the sort if the move were fairly con- ceived and fairly executed. Ten months ago when we were brows- ing around Hollywood getting a line on this and that, it was brought forcibly to our attention by impor- tant men and women who count in the creative end of production that a royalty system was the one way to effect some sort of a balance in the industry's exchequer. They told us then and nothing has developed since last April to demonstrate a change in heart — on their part — they would be willing to work it out along such lines ; that if they made a flop, it was flop money which they rated and noth- ing more. They pointed out how firmly intrenched in other fields the royalty system was imbedded: in books, popular sheet music, the stage. The argument, naturally, was for a system predicated on an unassailable count. Chief among the handicaps are two. One is the producer view- point that his business would no longer be private; that his books would be open books and more of the same ilk. The other, scarce- ly admitted but recognized far and wide in Hollywood, has to do with the existing method of sales under which an outstanding draw name is coupled with blocks of pictures and used as the leverage by which average or less than average prod- uct is merchandised to the the- atre operator. There is considerable to the lat- ter argument from the creative workers' angle. Also considerable by way of opposition which would develop whenever the long-estab- lished block booking system and possibility of any alterations in it are talked about. HE wires from Kansas City quote Al Lichtman as fa voring a boost in admissions, thereby reminding anew of his flex- ible price idea advanced several sea- (Continued on page 8) Loew Leads Big Board Trading Net .High Low Close Change Sales Columbia Pictures, vtc 27!^ 26>£ 2654 + *A 1,500 Consolidated Film Industries 5 V/2 2,100 Consolidated Film Industries, pfd ISy, 14M 1454 — J4 4,300 Eastman Kodak 92 9VA 9154 + 54 1,500 Eastman Kodak, pfd 123 123 123 + % 1.000 Fox Film "A" , 1754 16*4 \&A — 54 28.900 Loew's, Inc 3354 3154 32?4 +2 102.100 Loew's, Inc.. pfd 85 8454 8454 — 54 200 Paramount, cts 354 354 3V2 + 54 21.600 Pathe Exchange 3 254 3 + Vi 17,100 Pathe Exchange "A" 1554 1454 1554 + 54 9.000 RKO 3?A VA 354 + 54 7,000 Universal Pictures, pfd 30 25 26l/2 +VA 10.000 Warner Bros 8*4 754 8 + 54 50,300 Warner Bros., pfd 2454 23J4 2#A +W* 400 Technicolor Off Vs on Curb Net High Low Close Change Sales Technicolor 10 954 W% — 54 400 Universal Pictures 3 3 3 100 Bonds Rise Following Market Net High Low Close Change Sales General Theatre Equipment 6s '40 754 6% 7 + 54 12 General Theatre Equipment 6s '40, ctf 7 6VZ 7 + 54 43 Keith B. F. 6s '46 62*4 6054 6054 — V2 8 Loew's 6s '41. ww deb rights 96 95 96 +1 26 Paramount Broadwav 554s '51 38 3754 38 +1 8 Paramount F. L. 6s '47 40 37% 40 +2 25 Paramount Publix 5%s '50 40 38 40 +2 93 Pathe 7s '37, ww 8914 &9'A 89J4 +154 4 RKO 6s '41, pp 28 2654 28 +2 4 Warner Bros. 6s '39, wd 5954 58 58 +1 17,800 Drama with a punch! Stars with • puUing power! ELISSA LANDI " | f and JOSEPH SCHILDKRAUT in | / | "Sisters Under The Skin," with 1 1- 1 Frank Morgan. Directed by David I \ ^ Burton. Keep your eyes on this one! ^sday, February 6, 1934 MOTION PICTURE DAILY \o Decisions Lrrived at by idministrator (.Continued from Page 1) ■(on during his absence, Rosenblatt .ared he had received no complaints 1 producers were forcing shorts, as fged in Allied's telegram to Sena- '•Borah of Idaho. If any complaint j)his practice is received, it will be Tptly and thoroughly investigated.. »romised. 'he Allied suit in New York will »ably be defended by a special as- •jit to Attorney General Cummings, d by a member of the Recovery 'tiinistration legal staff, Rosenblatt , with Code Authority members ::cted to have their own counsel, .leplies to the salary questionnaire ! coming in steadily, he disclosed, 'urge number have already come in I there are many more yet to be jived. As soon as practically all I in, the work of analyzing the data ,. be started, with a general report siul of being ready some time next lath, said Rosenblatt, who added when the analysis is completed Bral figures will probably be made lie, but there will be no invasion tlie confidence promised members lie industry with respect to individ- ■data. ys Some Actors vor Royalty Plan i response to a question concerning possibility he will recommend a pity plan for stars, directors and ters, Division Administrator Sol Rosenblatt restricted comment 3e in Kansas City to the statement : "some of the artists are in favor the plan, but that matter will e to be considered along with the ers." lowdown on Reel Men Strafford's Aim Chicago, Feb. 5. — W. H. Strafford, sident of Local 660, International 3tographers' Union, has submitted Division Administrator Sol. A. ;enblatt questions seeking a show- m on newsreel men's working time. >ducers are insisting on interpret- the code their own way, Straf- i claims, with the result newsreel i are working more than the pre- yed 320 hours in an eight-week iod, without getting time off with after putting in the maximum, trafford's interpretation of the code that the men must automatically e time off at full pay when the cified number of hours have been rked regardless if these hours were rked in less than the eight-week iod. He says producers are in- preting the code on a 40-hour per :k basis and want to count only time a cameraman is working en the time should be figured from moment he leaves for an assign- Qt. •acuss Vaudeville Today rhe committee on vaudeville labor its today at the New York Ath- c Club to discuss possible changes the provisions of the code affect- actors. Maybe $105,000 "Nana" grossed $66,200 from its Thursday opening to close of Music Hall business Sunday night. RKO officials are estimat- ing between $105,000 and $110,000 on the first week which closes tomorrow night. Technicians' Branch Swings into Action Hollywood, Feb. 5. — Assured of financing by producers to carry out technical research work, the tech- nicians' branch of the Academy is swing into action again with several former members returning to the fold. A number of meetings are planned for the immediate future to map out the work to be done. Twelve nominations have been made for submission to Division Adminis- trator Sol. A. Rosenblatt for appoint- ments to the agency committee. The nominees are: Cedric Gibbons, J. C Okeh, Benjamin Herzbrun, Max Parker, George Barnes, Karl Struss, J. M. Nickolaus, Hal Rosson, Carl Dreher, Douglas Shearer, Wesley C. Miller and Nathan Levinson. Writers, actors and directors will make nomi- nations to the same boards at Rosen- blatt s request, who pointed out that nominations could be made by any faction and are not being restricted to guilds alone. Clark to Represent Kent on Authority John D. Clark will represent S. R. Kent at two Code Authority sessions slated for this week. The Fox presi- dent is vacationing in Florida and, during his absence, Clark will attend the meeting of the committee on clear- ance and zoning and grievance boards nominations on Thursday and the Code Authority session on Friday. W. C. Michel, Kent's permanent al- ternate, will not attend these sessions inasmuch as they will pertain to dis- tribution. Says Allied Has a Basis for Its Suit Washington, Feb. 5. — Morris Le- gendre, assistant to Division Admin- istrator Sol A. Rosenblatt, believes Allied has a basis for its suit against the Code Authority and Rosenblatt filed by the Congress Theatre, New- ark. "Have the plaintiffs anything to stand on ?" Legendre was asked. "I think they have," he replied. Ask Labor Clauses Be Better Denned Several requests for definitions of certain labor clauses are being turned over to Division Administrator Sol A- Rosenblatt by Executive Secretary John C. Flinn. Rosenblatt is expected in New York from Washington before the Code Authority session on Friday and will decide the issues involved. Relief Fund Aided 16,000 Hollywood, Feb. 5. — Marion Davies, president of the M. P. Relief Fund, says the organization spent $150,000 last year, giving aid to ap- proximately 16,000 ill and unemployed. Unqualified Code Assents Reach 6,934 (.Continued from page 1) the suit of the Congress Theatre, New- ark, against the authority is heard. Shortly after the first boards' per- sonnel are named, duplicate assent cards, indexed at Code Authority headquarters, will be sent to key cities where set-ups are approved by Divi- sion Administrator Sol A. Rosen- blatt. The second set of cards is for file in the local territories so that only exhibitors assenting can officially make complaints for hearings. U. S. Starts Probe Of K.C. Labor War (Continued from page 1) exhibitor disputes over the past two years. Among those subpoenaed by the Federal grand jury are Jay Means, head of the I.T.O.; Robert Dillon, business agent of Local 170 during the strike of two years ago; W. H. Lollier of Los Angeles, Fox West Coast labor representative at that time, and Clyde Weston, Granite City, 111., I.A.T.S.E. international represen- tative. A large number of operators and suburban exhibitors are under- stood also to have been subpoenaed. The inquiry follows an investigation conducted last November by the Jack- son County grand jury, which found numerous instances of outra^s and coercion of exhibitors by the union and which, admitting local officials were powerless to remedy conditions, rec- ommended a Federal probe. It is be- lieved the Jackson County grand jury turned testimony given to it over to the Federal authorities. Officials of the operators' union as- sert they fear no Federal investigation, declaring the Government can find plenty of evidence revealing exhibitor activities in past disputes in an un- favorable light. The investigation comes on the heels of a visit here last week by President William Elliott and other I.A.T.S.E. officials which brought reports of an impending shakeup of the operators' local. Elliott officially came here, it is understood, to investigate dissension in operators' ranks revealed by an anonymous bulletin received by ex- hibitors and operators attacking union officials. Rosenblatt Asks Pay Arbitration Pushed Kansas City, Mo., Feb. 5. — Divi- sion Administrator Sol A. Rosenblatt has instructed Jay Means, head of the I.T.O., to proceed with arbitration of the local contract dispute with oper- ators involving 60 subsequents and suburbans. The union has agreed to arbitration, which will be carried on locally provided both sides can agree on an impartial chairman. Exhibitors are understood demand- ing a reduced scale for one-man opera- tion. On behalf of exhibitors, Means gave Rosenblatt a picture of the local situation, including the Federal in- vestigation. Rosenblatt informed him it was immaterial to him whether ex- hibitors dealt with the union as long as the code were complied with. i Purely Personal ► ROBERT MONTGOMERY leaves the coast for New York this week on a month's vacation. Upon his return to Hollywood he will be starred by M- G-M in "Calm Yourself," an Edwin Hope original. Lynn Farnol, press agent for Samuel Goldwyn, and Jeffrey Far- nol, British author, are cousins since last Thursday. They set the rela- tionship and the date themselves with witnesses to prove it all. Bert Wheeler and Robert Wool- sey leave this afternoon by plane for the coast after a five-week stay here. Dorothy Lee, their leading woman, starts west by train. Maria Gambarelli is on her way to the coast to appear in a stage show in connection with the opening of "Queen Christina" at Grauman's Chinese. Milton Schwarzwald will start work tomorrow on a two-reel musical short for Mentone, with Ed Sullivan, columnist, as master of ceremonies. Colleen Moore arrives in New York today for a visit with her hus- band, Al Scott, before starting work in her next for Radio. Mrs. Charles F. Reisner, wife of the director, is expected soon in New York, where she will spend a seven- week vacation. Jean Dixon, recently signed by M-G-M, will leave shortly for the coast to appear in "Sadie McKee." Gertrude Niesen, torch singer, has started work in a Vitaphone mu- sical, "Darling Enemy." Allen Rivkin and P. J. Wolfson have sold "Star Express" to M-G-M. Herman Rossman has sold "The Ace," a play, to M-G-M. Sam Katz is over a four-day at- tack of the grippe. Short in Boston on Block Booking Fight Boston, Feb. 5.— -Dr. William H. Short, director of the M. P. Research Council, continued his campaign against block booking and blind buying at a luncheon of the Massachusetts Civic League here. He made no mention of the report that Allied States is said to have an agreement with the council whereby it pledges itself to help raise a fund of $200,000 so that the council can carry on its block booking fight. Start "Bad Boy" Mar. 6 Hollywood, Feb. 5. — Production on Sol Lesser's picture, "Peck's Bad Boy," with Jackie Cooper, has finally been set to start March 6. Eddie Cline will direct and he is now collab- orating on the story with Marguerite Roberts. To Show Religious Film Integrity Film Corp., headed by David Calcagni, will give a press showing Thursday afternoon for "Miracle Man of the Centuries," based on the life of St. Anthony of Padua, at the Ameranglo projection room. NEW YORK! ai the RADIO CITY MUSIC HALL where in SAMUEL GOLDWYN'S gUudUm of x 0^)foeneJ io 0ne of the cJPargesi (^rowels (S>ver QK^novon in {he ^Jfislory of {lie (^Jiiea{ref BUSINESS THE SECOND DAY WAS BIGGER THAN THE FIRST, AND BUSINESS THE THIRD DAY WAS BIGGER THAN THE SECOND/ C$*eleaseJ thru UNITED ARTISTS X. n CHICAGO! at iL UNITED ARTISTS THEATRE, umere % in SAMUEL GOLDWYN'S Slodudlon of C^fyro( have been delayed for months pendi the Supreme Court decision. It is e pected that the claim will be dismiss when it comes before Referee Hen K Davis at the next scheduled hea ing, Feb. 27. Subsequent disrnis: of all other future rent claims fil against the companies are believed be assured by the Supreme Cour ruling. Rent Claims Not Affected The approximately $20,000,000 future rent claims filed against RK are not affected by the decision, whi applies only to estates in bankrupt RKO is in equity receivership. The Supreme Court's ruling w handed down in connection with action brought against United Cig Stores, a bankrupt, by New York a Omaha landlords who leased prope ties to the chain store company. Ce tain leases involved were repudiat when the company went into ban ruptcy and as a consequence the lan lords filed claims against Irvi: Trust Co., trustee in bankruptcy f United Cigar Stores, for rent on t unfulfilled portions of the leases. T Supreme Court's ruling upheld c cisions of the lower Federal coui in New York which had held tr bankruptcy relieved lessors of liabili under broken leases and that truste in bankruptcy could not be held i sponsible for losses of rent caused repudiation of such leases. The landlords contended that ma concerns went into bankruptcy mere to break leases, and charged that was particularly true of chain orgai zations. Tenants countered with t assertion that landlords could n prove specific damages from leas broken in bankruptcy because t properties vacated could be rented many instances to new tenants at t same or higher rates. Cameramen Discuss Reorganizing Unio Hollywood, Feb. 5. — Members I. A. T. S. E. cameramen's union d cussed ways of recovering ground a meeting held tonight. Plans for reorganization were taken up. Action had been made necessa by the new agreement between t producers and the A. S. G, which t I. A. T. S. E. men call a "compa union." The union seeks a guarantee representation on code boards a committees for its five classificatioi revision of the bylaws to conform suggestions of the members, enforc ment of wages and conditions pr vided for in the code, and pushi: demands for speading employment. [day, February 6, 1934 MOTION PICTURE DAILY olds Criterion for Another Six Months {Continued from page 1) ich City Bank-Farmers Trust Co. ees to discontinue foreclosure pro- iings on the property until July 1 to bring about an end of the re- ■ership of Seneca Holding Co., •amount subsidiary which controls property. Lxpenditure of the money by Para- .mt was opposed by Bankers Trust , Lawyers County Trust Co. and Central Hanover Bank, all of ch are Paramount creditors. Other ditor banks, including Manufactur- Trust Co.. Chemical National, lk of America, Continental Illinois, \ First National of Chicago, ap- ved, as did bondholders protective imittees and other creditors. I $4,000,000 mortgage on the Cri- on property comes due next year, the meantime. Paramount trustees ie for a rise in Times Square realty Lies which would make disposal of property profitable for an adjust- it of the mortgage permitting Para- unt to retain the property, which been appraised by the city at $5,- .,000. leferee Davis also authorized the stees to expend up to $500,000 in ;ing up claims against bankrupt )?idiaries without first submitting ir purchase proposals to the referee creditors. The authorization was ight, according to A. A. Laporte, counsel for the trustees, in order facilitate the settlement of claims iinst subsidiaries which would be re costly if publicized, he said, editors are to have advance notice, .vever, on any matters on which ■)licity would not adversely affect erests of the estate. Leases Criterion 3am Cummins of Public Welfare ■tures yesterday took over the Cri- ion on 24 hours' notice and opened h "Forgotten Men." The picture I played the Rialto, Harris and ans-Lux, but never a neighborhood ■ise in the city. Booked indefinite- admissions are scaled at 25 cents I 40 cents. Yeekly rent of the theatre runs be- •en $800 and $1,000. 0 Talk "Resurrection" ^ouben Mamoulian, the director, bcwell Anderson, the playwright, muel Goldwyn, the producer, will into a story conference on "Resur- tion," the next Anna Sten picture, 5 morning, following Mamoulian's ival from Hollywood. _ Dependent on how rapidly the con- 1 is cleared up is Goldwyn' s de- -ture for Russia. No Roxy Deal Yet |Roxy yesterday telephoned from Mi- u where he is vacationing^ that "as it" he has signed no deal with Para- i)unt for a 10- week personal appear- ce tour. The deal is still on, however. Roxy's lint is viewed as a technical one. Columbia Again Stays at 32; Cohn Denies Any Friction Patience Rewarded Arriving from the coast at 8:45 A. M. yesterday, Clark Gable was greatly surprised to find a mob of fans eagerly awaiting him to autograph books. Alighting from the train he said: "Anyone who gets up this early to meet a train for an autograph deserves one." He then let himself in for writer's cramps. Mob Gable, But Pass Up Sol A. Rosenblatt Kansas City, Feb. 5. — While a group of fans, newspapermen and pho- tographers thronged around Clark Gable, traveling east, at the Union Station here some one informed the reporters that the man nearby ar- rayed in black and white checked coat, brown checked trousers and two-tone grey shoes was Sol A. Rosenblatt. "Who's that guy?" they inquired, as Gable smiled and the flashlights boomed. Such is fame! Ticket for Glecker Robert Glecker left for the coast sterday with a Warner contract :ely lodged in his pockets. Leo orrison agency handled the nego tions. Rembusch Suit Set For Hearing Today Frank Rembusch's anti-trust suit against major producer-distributors, which has been on Federal court dock- ets here for several years, is scheduled to go to triaj today before U. S. Dis- trict Court Judge Alfred C. Coxe. Rembusch, an Indianapolis exhibitor, is represented by the law firms of Weed & Candler and Graham & Rey- nolds. (Continued from page 1) them. We didn't promise John Barry- more, the star in 'Twentieth Cen- tury,' but he'll star in that picture. "My mission there was to discuss Columbia's product for next season, which will be the same number of pictures as last year, 32 features and the usual program of shorts." Cohn reported the feeling between New York and coast executives today was better than at any other time in his experience. "Many top-line ex- ecutives are now in Hollywood. They and studio executives are exchanging plans, talking matters out and the re- sult is beneficial." He added that Hollywood is now in the mood and is actually talking to New York executives on sales and selling angles where such a situation did not exist before. Mayer Again Heads Producers on Coast "Rouge** Caravan Here United Artists' "Moulin Rouge" caravan, which left Washington by automobile on Friday, and has been making stops en route to New York, will reach this city at 3:30 today. After a reception by Aldermanic President Bernard S. Deutsch, the party will motor up Broadway past the Rivoli and then to the Roosevelt. A supper dance will be given at the New Yorker at 11 o'clock, and _ the travelers will appear at the Rivoli tomorrow afternoon. Wood May Join U. A. Hollywood, Feb. 5. — Sam Wood may do "The Count of Monte Cristo" for Reliance-United Artists. Cur- rently, he is preparing "Forgotten Girl" and after that will direct Gloria Swanson in a picture for M-G-M. If the U. A. offer develops, it will mean forfeiture of Wood's plan to vacation in Europe. His M-G-M contract ex- pires in June. Columbia and U. A, End Deal in Brazil Rio de Janeiro, Feb. 5. — Columbia is ending its agreement with U. A., which distributes the former's product here. Emilio Alcoste has been ap- pointed manager of the Columbia ex- change to be opened in Brazil short- ly under the supervision of Clarence C. Margon, in charge of South Amer- ican sales for the company. Alcoste formerly was with U. A. in this terri- tory. Enrique Baez, in charge of Brazil sales and distribution for United Artists, is en route to Rio de Janeiro following conferences with Arthur W. Kelly. He is expected to arrive there Feb. 16. (Continued from page 1) president. Winfield Sheehan was re- elected second vice-president, while Fred W. Beetson was named secre- tary-treasurer, with the post of executive vice-president, which he had been filling, abolished. Named to the board of directors were Harry Cohn, E. H. Allen, Shee- han, Hal Roach, W. R. Frazier, Mayer, Emanuel Cohen, B. B. Ka- hane, Warner and Carl Laemmle, Jr. R. J. Obringer was the only new name added to the directorate. He represents First National. Joe Breen was vested with respon- sibility additional to that of assisting Will Hays, having been placed in charge of all association matters per- taining to the production and adver- tising codes. The absence of United Artists rep- resentation on the board of directors was taken to signify Joseph M. Schenck's resignation, which was ten- dered some time ago, had been ac- cepted. Columbia has closed a deal with Foy Prods., for distribution of "Called on Account of Darkness." Wallace Ford, Dickie Moore and Barbara Kent headline the cast. Ky. Gets Sunday Bill Frankfort, Ky., Feb. 5. — A Sun- day opening bill has been introduced in the Senate, and is meeting with some support. Ask Fox Staff for Stori/y Title Ideas Fox is calling upon the sales de- partment for title and story sugges- tions. Word has been sent out by John D. Clark, general sales manager, that Winfield Sheehan will welcome the suggestions. In the latest issue of the Dynamo, sales department organ, Sheehan lists the types of stories he wants for Janet Gaynor, Warner Baxter, Will Rog- ers, Lilian Harvey, Claire Trevor and others. He points out that best selling books and Broadway hits are known to the reading department before readers generally get them and asks the staff to confine its choices to stor- ies outside of the spectacle and cos- tume field as far as possible. Story suggestions are to be sent direct to Clark and title suggestions are to go to Charles E. McCarthy, publicity and advertising head. Schiller Recuperating E. A. Schiller, vice-nresident of Loew's. is recuperating from a ner- vous breakdown at Essex House and in the next few weeks will leave for a vacation. His doctors have sug- gested Eurooe. but Schiller probably will elect Florida. Para, Ups Sussman; T. X. Jones to Paris Jerome P. Sussman has been ap- pointed general manager for Para- mount in Central America and the northern republics of South America as successor to John B. Nathan, now in New York, who has been promoted to a post not yet announced. Suss- man, who formerly served Paramount in Central America, South Africa and Mexico, is aboard the Pennsylvania on his way to take up his new duties. T. X. Jones, of the home office ac- counting staff, has been put in charge of Paramount's auditing forces in Paris. He is on his way to Europe aboard the Manhattan in company with John W. Hicks, Jr., vice-president of Paramount International. See Move to Tax N. Y. Houses for Firemen A plan to have theatres in New York pay for services extended by the city in stationing firemen back- stage as protection against fire is be- lieved to lie behind the order of Fire Commissioner John J. McElligott for reports on the salary of every mem- ber of the department assigned to such work and the amount of time spent by him inside theatres. If such a plan should go through, the burden upon the film houses will not be as great as that shouldered by the legitimates, since the former are inspected only nightly, a fireman never remaining throughout the en- tire showing of a film. Indies in Arkansas To Meet Feb. 11-12 England, Ark., Feb. 5. — The re- cently organized Independent Theatre Owners of Arkansas will hold its first semi-annual meeting on Feb. 11-12 at the Marion Hotel, Little Rock. At- tendance will be confined to members of the organization. Ratification will be sought at the meeting of the constitution and by- laws recently drafted by a commit- tee consisting of T. W. Sharp, Ray Morrow and J. F. Norman. The board of directors has recommended their adoption by the membership, i MOTION PICTURE DAILY Tuesday, February 6, \f. Schenck Sees Benefit In British Challenge Hollywood, Feb. 5. — Joseph M. Schenck, returning from New York, said he intends to make cooperation rather than opposition the answer to England's challenge to Hollywood. Immediately upon his arrival he be- gan making plans for interchange of stars, production executives and tech- nicians with London Films, with which he formed an alliance in be- half of United Artists during his European visit. "England by quality is compelling Hollywood to recognize its impor- tance as a factor in screen produc- tion," said Schenck. "This does not mean Hollywood is losing supremacy as the dominating center of world production, but the challenge is a serious one requiring Hollywood to be on its mettle. We must accept this competition in friendly spirit for mutual benefit on both sides of the Atlantic. This competition will make Hollywood more alert." Schenck said he, together with Darryl Zanuck, welcomed British rivalry and intended to foster it by interchanging talent. Green Sees Revolt In Creative Ranks That creative talent in the films will soon blow off the lid in its demand for a new deal is predicted by Paul Green, the playwright, in an article in the New York Times. Says Green: "The hundreds of dissatisfied creative minds, whose sole job day after day is the making of money for bankers, million- aires and stockholders, will some day— and very soon at that — break into open revolt. There is no price large enough, no iron or stone strong enough to keep a rebellious spirit indefinitely enslaved. "Already a few independent producers, writers and artists are trying experiments in creating pure forms of cinematic art, both here and abroad. And just as the imaginative theatre has had its Appia, its Stanislavsky, and Craig, so will the new imaginative cinema have its apostles and philosophers who, following the lead of Charlie Chaplin, will give to the art, a statement of form and method. "And when this new art has broken it- self loose from the industry and profes- sionalism of Hollywood and started on its own path, we shall see moving picture dramas worthy of the name." Warners Sign Clive Colin Clive yesterday was signed by Warners to appear in "The Key" with William Powell and Kay Fran- cis. The actor, now appearing oppo- site Katharine Hepburn in "The Lake," will fly to the coast Sunday. Leo Morrison's office closed the deal. Palace Deal Off Negotiations for the Palace are off between RKO and Harry Shiftman and Jack Schwartz. Contracts have not been signed for the Cameo and the independent exhibitors are not yet operating. NOW AVAILABLE FOR THE STATE - RIGHT MARKET DO WHITE MEN 00 NATIVE IN THE JUNGLE IDEAL PICTURES CORP. M. J. KandeL, Pres. 729— 7th Ave. New York Looking 'Em Over "Fury of the Jungle" {Columbia) Though "Fury of the Jungle" has all the familiar twists that have come to be expected of films set in the jungle country it is a suspenseful and rather well-done piece of work. Then, too, there is plenty of first- rate acting. Alan Dinehart, as black a villain as ever bulldozed his way through celluloid, is the head man of a jungle cesspool. He makes the laws and enforces them to suit his own purposes. Among those in the settlement are Dudley Digges, a sodden doctor, and Donald Cook, hiding from the law over an affair involving a woman. When Peggy Shannon, traveling up the river with her fever-racked brother, puts up at the settlement so that the latter may obtain medical attention, Dinehart and his right-hand man, Harold Huber, go for her. Cook becomes attached to her and Dinehart and Huber try to get him out of the way. But Cook comes out on top. Huber is treacherously killed by Dinehart, who in turn is thrown into the crocodile-infested river in a struggle with Cook. The film has a number of exciting moments and the atmposhere is good. Clarence Muse and Toshia Mori are other players. Roy Neill is responsible for the direction. MOTION PICTURE DAILYS HOLLYWOOD PREVIEW "Men in White" (M-G-M) Hollywood, Feb. 5. — Fine entertainment, done with strokes that lift its touching story completely out of the hospital background atmosphere and makes it an absorbing feature. Intelligently directed by Richard Boleslavsky so that all the subdued power of the Sidney Kingsley stage play is retained, it presents Clark Gable as a sersatile actor and Jean Hersholt, Myrna Loy and Elizabeth Allen in excellent performances. The plot has Gable, young interne protege of Hersholt, famous doctor, torn between two desires — years of study and a career devoted to service of humanity and love or marriage and happiness with Miss Loy. Saving a child's life leads to a clandestine romance with a student nurse, Miss Allen, as the disappointed Loy spurns his bid for a date. Internal con- flict raging, Gable would junk everything and marry Miss Allan. An operation necessary on the critically ill nurse finds her begging Miss Loy to consider her lover and his career, as Hersholt adds his plea that she does not stand in the way. As Miss Allan dies on the operating table, the true woman is evidenced as Miss Loy asks Gable why he did not come to her. The climax has Miss Loy sacrificing Gable to his career, hoping that some day they will meet in Vienna, where he will study further under Hersholt. The heavy mood of the story is lightened by well-chosen comedy sequences with Wallace Ford and Russell Hopton. While there are no smash scenes building to climaxes, suspense which counterbalances action and dialogue, continually holds interest at a high pitch. Cast names, plus human interest theme of the story, which majors in sympathy and pathos should insure popular reception from classes and masses. 7 (Continued from page 2) sons ago. "Theatres with less th; normal admissions could raise the on big pictures and do the san volume of business they are no doing at sub-par scales," he d clared, adding: "Low prices do n> attract any additional patronage fi the 'turkeys.'" Maybe, yes ; maybe, no. Low ar missions, reflection of the time continue to prove attractive an while it may be true that big pi> tures will stand tariff increases, t\ experiment on a wholesale sea easily may prove to be a dubioi one. Aside from all that, why not gi\ the public a break when wortl while attractions come along? Tl rank and file are asked and gene ally have been supporting picture many bad, within their shorten? means. Why sock it in when tr good ones go on parade? A STORY— short, the point and complete of itself- "Years ago when the industry was growing, I preached against its going into the stock-jobbing business and branching out into alien fields. The crash came and my warnings were justified. If the film industry stays in its own field and cultivates its own vineyards, it will reap success because it is sound, stable and legitimate." A. H. Giannini, chairman of tl executive committee of the Bar; of America, is talking. This ban! er. long a friend of the industi and true to his tenets by financin production to the tune of million gives the industry the benefit of long experience and fruitful expe ience. Will the business take it? If does, if it remains sensible ar within the confines of modesty, a will be well. If it does not, sonr where in the years to come will 1 another 1929. Has the lesson of the depressic been learned? All those to whot this industry means something wi pray so. Fervently. K A N ; Columbia Film Is Set "It Happened One Night" is tent; tively set for the Music Hall, star ing Feb. 22. Plan Cleveland Club Cleveland, Feb. 5. — John Harris of Pittsburgh, national Variety Club president, will meet here at the Staf- fer on Tuesday with a group of local film men to form a Cleveland Varietv Club. Those asked to attend the meeting include J. E. Fontaine, Paramount district manager ; Frank D. Drew, M-G-M branch manager; I, J. Cchmertz, Fox branch manager ; Nat Wolf, Warner theatre division man- ager ; Nat Holt, RKO district man- ager ; George Roberts, Fox district manager ; Harry Howlett, WHK stu- dio manager; Fred Meyers, The News; E. C. Flanigan, exhibitor, and M. B. Horwitz, exhibitor. fim/ae he Leading ;»aily •lewspaper the 1 M Motion •icture idustry MOTION PICTURE DAILY Alert, Intelligent and Faithful Service to the Industry in All Branches . 35. NO. 32 NEW YORK, WEDNESDAY, FEBRUARY 7, 1934 TEN CENTS mes Stirs Speculation Over Credit iustry Leaders Study Warning to Banks dustry leaders are speculating on probable effects on credit of Jesse ones' warning to the New York e Bankers' Ass'n. that if loans lot extended more freely the Fed- Igovernment may go into the busi- of lending. speak both as a banker and as -man of the Reconstruction nee Corp.," Jones told his listen- and this is taken by film execu- who do not care to be quoted he moment as an indication that nessage reflected the views of the .ident. ■nes described the depression "as >ily behind us" and appealed to his {Continued on page 8) iqualified Code \ssents Now 7,002 nqualified assents to the code ed the 7,000 mark yesterday with receipt of 68 additional forms ex- ed according to the form pre- Ded by the Code Authority, n Monday, code assents totaled 4. The 68 received yesterday lght the total to date to 7,002. •e than 8,000 assents are expected re the final deadline for receiving a, Feb. 28. uthority Members To Hire Attorneys ivision Administrator Sol A. Ro- ilatt will be represented by the >rney General's office and the NRA 1 department in the action brought inst the Code Authority by the gress, Newark, and sponsored by ed States, John C. Flinn, execu- secretary of the Code Authority, yesterday following a telephone (Continued on page 8) abinson Balks An Vttack on the NRA Washington, Feb. 6. — Only prompt on by Senator Robinson of-Arkan- Democratic floor leader, prevented lediate consideration today of a )lution introduced by Senator Nye North Dakota which would focus (.Continued on page 8) No Relatives Out of Para., Says Cokell Resumes Testimony at Creditors' Hearing No instances of relatives of Para- mount Publix executives being dis- charged as a result of the preparation of a list for John Hertz, former chair- man of the finance committee, detail- ing relationships within executive ranks could be recalled yesterday by W. B. Cokell, assistant treasurer of the company, as he resumed testimony in a Paramount creditors' examination before Referee Henry R. Davis. Cokell testified a week ago that Hertz had requested him to prepare the list of relatives, and under cross examination yesterday by Saul E. Rogers, attorney for a Paramount bondholders' group, said that with the exception of Sam Ratz, who resigned, (Continued on page 11) New Union Is Still Discussing Scales New wage scale contracts for ushers, doormen, ticket takers and janitors are still in a process of ne- gotiation between Local 118, Building Service Employes' Union, and New York circuits.- The local expects the first contracts to be closed within the week. Negotiations with Paramount, the Roxy and Rialto are under way and conferences with Loew's are scheduled for later. The local claims a member- ship of about 4,500 now. A meeting of the organization may be called late this week to vote authorization to Charles C. Levey, secretary-treasurer, to call either a general strike or strikes against individual houses. F^arnsworth Out of Theatre Authority Washington, Feb. 6. — First steps toward making effective the NRA policy of removing administrators from service on code authorities once the codes for industry divisions which _ =» (Continued on page 8) Zirn Prepares to Go Into Highest Court Samuel Zirn, attorney for a Para- mount Publix bondholders' group, ntoved yesterday to take two legal actions involving the Paramount bank- (Continued on page 11) Secrets Something is in the wind and it has to do with plans of the Actors' Screen Guild. Kenneth Thomson, now on his way back to Hollywood, made a trip here to see Ed- die Cantor, president of the Guild. Cantor, however, refuses to comment on what it's all about. Stage Talent Wage Slashes To Be Fought Prospects of vigorous opposition to any changes in the code provisions covering stage talent loomed last night as a sub-committee appointed by the Code Authority convened at the New York Athletic Club to agree on pros- pective changes. The sub-committee will report its findings to the Code Authority at the Friday meeting of that body. Mem- bers of the sub-committee are : Sam Dembow, Jr., Paramount; Major L. E. Thompson, RRO ; Joseph Bern- hard, Warners ; Louis R. Sidney, (Continued on page 8) Educ'l Expected to Keep Present List Educational probably will stay at its present quota of short subjects for 1934-35, according to Earle W. Hammons, who declared yesterday final plans had not been completed. Preliminary discussions, however, have been held with Fox sales execu- (Continued on page 11) Aylesworth to West On Studio Problems M. H. Aylesworth, chairman of the board of Radio Pictures, left for Hol- lywood yesterday for the announced purpose of aiding in the reorganization of the studio along unit producer lines, following the resignation of Merian C. Cooper as production head. Walter Trumbull to Do MPPDA Publicity Walter Trumbull, who served as in- troducer of the radio talks nationally broadcast last summer by Louis Mc- Henry Howe, one of the President's (Continued on page 11) Vitaphone vs. Erpi Goes to Arbitration Delaware Supreme Court Rules on Appeal Dover, Del., Feb. 6.— The long- standing differences between Vita- phone and Erpi must be determined by arbitration as set forth in the original contract between the two companies, the State Supreme Court held today. The decision held the Chancery Court in Wilmington should have re- fused to assume jurisdiction in the accounting suit filed by Vitaphone against Erpi, held that the lower court erred when it overruled Erpi's plea that all matters involved in the litiga- tion should be submitted to arbitration in New York and erred in ordering the defendant to file an answer to the bill of complaint. The opinion added that the arbitra- tion proceedings which have been in progress for four years have not whol- ly broken down and failed in their purpose and that Vitaphone was not justified in repudiating obligations en- tered into by it, and, having done so, is entitled to no relief from the courts here. Vitaphone alleged a breach in three royalty contracts by the defend- ant. The court today revealed that arbi- tration, as far as it had gone in New (Continued on page 8) Court Orders 306 Men Back to Jobs In denying a re-argument to the I.T.O.A. for alleged violation of New York State laws when local exhibitors discharged 55 operators of Local 306 from 11 theatres, Judge Collins in the Supreme Court yesterday upheld the NRA Regional Labor Board and ordered the dismissed men returned to their former posts. Local 306 recently was granted a (Continued on page 11) Two Radio Stations In Deal with MPTOA Two radio broadcasting stations against which complaints of unfair competition have been brought by M. P. T. O. A. members have indicated they will cooperate in eliminating the practices complained of. Ed Ruyken- dal, M. P. T. O. A. president, reported (Continued on page 8) MOTION PICTURE DAILY Wednesday, February 7 MOTION PICTURE DAILY (Registered U. S. Patent Office) Vol. 35 February 7, 1934 No. 32 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 ot 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. Clifford, manager; London Bureau: 6 Brookland Close, Hampstead Garden Suburb, Bernard Charman, Representative; Berlin Bureau: Berlin-Tem- pelhof, Kaiserin-Augustastrasse 28, Joachim K. Rutenberg, Representative; Paris Bu- reau: 19, Rue de la Cour-des-Noues, Pierre Autre, Representative; Rome Bureau: Viale Gorizia, Vittorio Malpassuti, Representative: Sydney Bureau: 102 Sussex Street, Cliff Holt, Representative; Mexico City Bureau: Apartadc 269, James Lockhart, Representa- tive; Glasgow Bureau: 86 Dundrennan Road, G. Holmes, Representative; Budapest Bureau: 11 Olaaz Fasor 17, Endre Hevesi, Representative. 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. Publix Keeps Hold Upon the McVickers Chicago, Feb. 6. — Publix will con- tinue to operate McVickers through B. & K., payments due Jones, Linick & Shaefer on the property having been made up to May 1. Rumors that the house might pass back to J. L. & S. preceding the February installment just made again proved groundless. Goldstein West Soon E. H. Goldstein, executive vice- president of Majestic, leaves for the coast shortly to negotiate with a pro- ducer to succeed Phil Goldstone. In the event Goldstone cancels his con- templated trip to Europe, he will ac- company the Majestic executive west and help appoint his successor. TICKET REGISTER CORP. Ticket Machine BARGAINS Trade-in-Values AUTOMATIC GOLD SEAL and SIMPLEX TICKET REGISTERS Mechanically perfect. Good as new. Write for Prices Bonded Guarantee of Responsibility CH. 4 - 6810-11 1600 BROADWAY NEW YORK CITY GEORGE MEAD. Gen. Mgr. Insiders' Outlook TV/f UCH talk yesterday and nothing official about Nich- olas M. Schenck, A. C. Blumen- thal, the Roxy and the Capitol. Schenck is four days out, Holly- wood-bound and Charles Mos- kowitz was tied up in some high- powered meetings at Loew's yesterday. "Blumy" either was available and didn't want to talk or wasn't around. The story had to do with Schenck's reputed in- terest in taking over the Roxy with bondholders willing if Metro product went along. The b.h. are after a profit and are sure Metro housed in the Roxy will do it. Blumenthal is the agent in the case. . . T The Capitol, for years and years the Metro home on Broad- way, is operated by the Moredell Realty Corp. Messmore Ken- dall is president and also supplier of the name, coined, as all may see, from the last letters of both of his handles. Kendall is half owner. So was the old Goldwyn company which is how that half passed to what is now known as M-G-M. It was the late Marcus Loew who made the deal and his- tory seems to remind Schenck and Dave Bernstein originally opposed it. At any rate, the con- tract, dating back to '17 or '18 was to run 20 years, the bulk of those two decades now having run their course. . . T. In Schenck's mind is reported to be a picture of Broadway in 1934 with its 15 cent theatres, its flea circuses and muscle-flex- ing store shows. Also in his mind is reported to be a vivid picture of New York's new amusement center, which, in other words, is Radio City. The Roxy is one block from Music City, according to the amuse- ment primer, and there seems to be pretty much the whole story. Yesterday's reports made consid- erable of a third angle, pur- porting to deal with a hitch in negotiations because Schenck was endeavoring to tie in the Roxy with the Capitol probably on a plan which would keep the lat- ter from falling into too compe- titive hands if M-G-M and Loew's decided to move. It's all very interesting. . . ▼ Tuesday excitement according to Hollywood and its lights : That the Laemmles were nego- tiating right here in little old New York with three producers to produce independently, each contributing six pictures a year. Harold B. Franklin was named one. Puncturing the excitement : There probably has been no per- iod in Universal's history when there haven't been a round two dozen or more deals submitted from producers of various ilks and nothing that rates comment at this moment. Straightaway and lowdown, however, is this : Anything Universal releases next year by way of features will be made on the company's own lot. That's definite and important, as you will hear about further in the near future. . . ▼ Broadway picture interests are not too happy over extension of the radio broadcasting invasion, what with lease of the Hudson by CBS. Tickets are available with- (Continucd on page 11) + Va +244 Many Issues Slip on Big Board Net High Low Close Change Columbia Pictures, vtc 2654 26 26Vz — 'A Consolidated Film Industries 4% 4% 4% Consolidated Film Industries, pfd 1554 1454 1444 Eastman Kodak 9254 90^ 92 Eastman Kodak, pfd 12554 125J4 12544 Fox Film "A"' ViVi 1654 16% Loew's, Inc 34 32% 33% Loew's, Inc., pfd 8544 85 8544 Paramount Publix 4V& 354 V/s Pathe Exchange 3 244 2% Pathe Exchange "A" 14% 1456 1444 RKO 3% 3J4 3% Universal Pictures, pfd 2654 26 26 — V2 Warner Bros 8% 7% 7% — % Warner Bros., pfd 2444 24 24 — 54 + Va +1 + % - % - 54 Sales 400 700 2.300 1.190 1.000 6.200 60.600 200 61.600 4.900 Universal Gains One on Curb Sentry Safety Control. Technicolor Universal Pictures High . % . 944 - 454 Net Low Close Change 5/16 5/16 954 954 — % 4 4+1 9.500 5,000 23,600 200 Sales 500 600 200 RKO Bonds Jump Seven Points Net General Theatre Equipment 6s '40.. General Theatre Equipment 6s '40, 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 Pathe 7s '37, ww RKO 6s '41. pp Warner Bros. 6s '39, wd High Low Close Change Sales 754 7% + Vs. 17 7 644 644 - Va "9 6354 62 62 — Vz 14 96 95 95 —1 32 39 36 38 21 42 40 42 +2 41 4254 41 42 +1 84 90 90 90 + % 2 35 32 35 +7 8 5854 5644 5644 -lT/4 83 4 Purely Personal MARY CARLISLE, AxK.j Nilsson and Roscoe Ates, a bers of the "Moulin Rouge" cara talked over WOR last night. Sylvia Sidney ends her vac. here today and leaves for the to start work in "Thirty Day 1 cess" for B. P. Schulberg. Katharine Hepburn sails ii European vacation shortly. P. J. Wolfson and Allen Hi] have sold "Star Express" to M-<] Disagree on Status! Of K. C. Litigatu Kansas City, Feb. 6. — While I ords at the Jackson County Ci Court show the receivership against the Midland Investment was dismissed last Friday by plaintiffs, their attorneys insist suit has not been withdrawn. Last week-end, the same attor announced that the action had dismissed following "a settlement s factory to both sides." They refe inquiries as to terms of settlemer Leopold Friedman, general counsel Loew's, Inc., in New York, repre; ing the defendant company. Herbert M. Woolf, one of the tioners, before leaving for a soutl trip early this week, told Mo' Picture Daily' no satisfactory se ment had as yet been effected and suit was still pending. The o plaintiffs are M. B. Shanberg F. H. Reid. Leopold Friedman, Loew's gen counsel, stated last night that the "had been adjusted." Novarro Set for Capii Continuing its policy of hi attractions, the Capitol will fea Ramon Novarro on the stage star the week of Feb. 16. The M- star will appear in conjunction "Cat and the Fiddle." Beginning Friday, Lionel Ba more and Buddy Rogers will g: the stage. MOTIOII PICTUR ALMANA 1954-55 NOW /A/ PA£PA/iA T/OA/ WHERE THE WORLD LOOKS FOR MOTION PICTURE H0T10I ICTURI puke less fact* "CAROLINA" IS HOLD-OVER HIT! BEATS "PADDY" IN KEY CITIES! £ Again FOX does it ... as freezing weather and terrific blizzards fail to slow up "Carolina" after spectacular openings everywhere! Extended playing time necessary. House records topple. Watch for more great news as "Carolina" con- tinues its great box-office march. FOX, Philadelphia. Far above anything else this season. Built after tremendous opening, despite storm. HELD FOR SECOND WEEK. HIPPODROME, Cleveland. Blizzard failed to stop it after biggest opening in theatre's history. S.R.O. all week. HELD FOR SECOND WEEK. CAROLINA, Charlotte. Capacity business at increased admission. Switched to the STATE also at increased scale for first- run HOLDOVER. KEITH, Dayton. Sensational week beats "Paddy" figures for this town. Tremen- dous crowds as opposition wilts. NEW, Baltimore. Now in its SECOND PHENOMENAL WEEK. Greater than "Paddy" and "State Fair." Manager now planning THIRD WEEK HOLD-OVER. UPTOWN, Kansas City. Complete sell-out at midnight preview. Opening day capac- ity throughout. More than twice "Paddy" business. Beat "State Fair." STATE and CAPITOL, Richmond. First- run, day and date opening terrific success. Set new records at the Capitol, beating "Paddy" and HELD FOR SECOND WEEK. Janet G AY N O R Lionel BARRYMORE in CAROLINA Your patrons always like FOX MOVIETONE NEWS ROBERT YOUNG • HENRIETTA CROSMAN RICHARD CROMWELL • MONA BARRIE STEPIN FETCHIT Directed by HENRY KING. From "The House of Connelly" by Paul Green Produced by WINFIELD SHEEHAN FLAME! Sweeping across the nation .... First popular priced engagements electrify the industry. . . . Albany, Philadelphia, Chicago, Allentown, send the first glorious reports to gladden the hearts of showmen .... Audiences enthralled by the first appearance in 18 months of the screen's star of stars .... M-G-M wins highest praise of press for glamorous drama, mighty production that brings Garbo back to millions who await her .... For showmen M-G-M has prepared a Giant Campaign Book befitting the launching of the greatest box- office attraction of our time. PAR has s e v MOUNT names for it! UGGLES • MARY BOLAND ALISON SKI PWORTH URNS- G R AC I E ALLEN )F A KIND" c t u r e • r e c ted by L McC are 8 MOTION PICTURE DAILY Wednesday, February 7, 193 Vitaphone vs. Erpi Goes to Arbitration {Continued from page 1) York prior to Vitaphone's withdrawal, had cost Erpi $450,740 and Vitaphone about $300,000 which they had ad- mitted. Arbitrators were being paid at the rate of $1,000 a day during the proceedings, plus expenses. Refers to "Unclean Hands" The court went into an extensive quotation of cases in which parties to contracts have come into court with "unclean hands," saying at one point : "This rule and the doctrine of 'un- clean hands' upon which it is based, would not apply, however, if a con- tract to arbitrate was not repudiated arbitrarily and unreasonably and, therefore, without good and sufficient cause. "By reason of that fact, the com- plainant attempts to justify its failure to abide by its contract to arbitrate its pending disputes in this case, and its appeal to the court below for relief, by the contention that the arbitration proceedings have broken down and have absolutely failed to accomplish their purpose." The opinion recited that Samuel Untermyer, the first arbitrator, re- signed April 11, 1930, after 32 sessions of the board had been held. Frank J. Hogan, a Washington, D. C, attorney, succeeded him and served at 30 hear- ings during which 4,079 pages of type- written testimony were taken. The opinion says there were delax? in concluding arbitration proceedings, but "they are always inevitable" in proceedings of that nature. "As a matter of fact, as far as the records show, it seemed delays were almost entirely caused by arbitrators selected by the complainant," the opinion said. Held Governed by N. Y. Laws In conclusion the court said : "As we have already seen, the arbitration contracts of May 18, 1927, were made in the State of New York and were to be performed in that state. They also contained clauses providing that they should be construed according to the laws of the State of* New York; and by statute such contracts were ir- revocable and enforceable in that state. These contracts were also repeatedly ratified in the State of New York by subsequent contracts to which the com- plainant was a party relying on these contracts. "The respondent collected and pre- sented a great mass of testimony be- fore the arbitrators named in defense of the claims made by the complainant against it. In the preparation of the trial of its case it also incurred tre- mendous expenses in the way of at- torneys' fees and otherwise which, it alleged in its plea, will be of no benefit whatever to it if the authority of the arbitrators to decide the case submitted to them is revoked." Judges Layton, Harrington, Rich- ards and Reinhardt presided. G. F. Hurd of New York and Christopher L. Ward of Wilmington represented Erpi. George Wharton Pepper of Philadelphia and Hugh M. Morris of Wilmington appeared for Vitaphone. Authority Members To Hire Attorneys {Continued from page 1) conversation with Rosenblatt at Washington. Individual members of the Code Authority will be expected to retain their own counsel. A decision on making a Code Au- thority appropriation to cover the cost of defending the individual mem- bers will be made at Friday's meet- ing of the Authority. Indications are that the expense of Flinn's de- fense will be borne by the Code Au- thority, whereas individual members may elect to retain and pay for their own counsel. One or two attorneys may be selected to represent all members, it is believed. Farnsworth Out of Theatre Authority {Continued from page 1) they helped devise are established and functioning, came today with the resig- nation of Deputy Administrator Wil- liam P. Farnsworth as a member of the legitimate theatre Code Authority and the appointment of Robert K. Straus, son of the ambassador to France, as his successor. Farnsworth is expected to continue as a member of the radio Code Au- thority until it is well under way and then to step out in favor of someone less closely connected with the code. Division Administrator Rosenblatt also is expected to be removed from the film Code Authority, but probably not until the machinery is running smoothly and present difficulties have been ironed out. Sales Heads Again Talk Code Problems The second of a scheduled series of meetings of major company sales executives and circuit representa- tives on interpretation of trade prac- tice provisions of the code was held yesterday at the M. P. P. D. A. of- fices. Object of the meetings, more of which will be held from time to time, is to equip major company distribu- tion chiefs with a set of standard in- structions on their obligations under the code. Ifs Don Thornburg Don Thornburg of the Strand and Family at Marshalltown, Iowa, has a beef. He was nominated by Allied of Iowa for a post on the clearance and zoning or grievance board for his territory as Don Thornley and also says he has been mentioned as not having signed the code. "I was one of the very first to sign and sent it registered mail, return receipt and have the returned receipt dated as re- ceived Jan. 13," he declared in a letter to Motion Picture Daily. Cleveland Hears It Cleveland, Feb. 6. — Persistently re- ported as having been selected for posts on Cleveland's clearance and zoning or grievance board are these men : i Nat Lefton, Monogram ; Martin G. Smith, Toledo exhibitor; Dan Robins, Warners, and Frank Drew, M-G-M. Stage Talent Wage Slashes To Be Fought {Continued from page 1) Loew's ; George Skouras ; Jack Part- ington, F. & M. ; Henry Chesterfield, N. V. A.; Walter Whitehead, Actors' Betterment Ass'n. ; C. B. Maddock and Marty Forkins, vaudeville producers. Eddie Cantor, Administration repre- sentative on the Code Authority, and Mrs. Dorothy Bryant, secretary of Chorus Equity, gave advance notice yesterday that they would oppose any move by the sub-committee of Code Authority to decrease minimum wages or increase maximum hours of stage talent from the present code standards. Cantor was reported prepared to re- sign his Code Authority post if ad- verse changes resulted; while Mrs. Bryant served notice that she would argue before Division Administrator Sol A. Rosenblatt that the codejias not been in effect long enough to war- rant changes in labor and hour provi- sions for stage talent. John C. Flinn, executive secretary of the Code Authority, said yesterday that it had no formal notification of the protests of either Cantor or Mrs. Bryant, nor had it any advance intima- tion of what action the sub-committee would take. He said that no report of the committee's action at last night's meeting was expected by the Code Authority before Friday's meeting. Robinson Balks An Attack on the NRA {Continued from page 1) the glare of publicity upon the N.R.A. Nye's resolution, which he declared he would press at the earliest oppor- tunity, calls for a report showing the names, position and compensation of all Recovery Administration employes other than clerks and stenographers ; their present and past business con- nections ; codes with which they have been connected ; positions held by all officials who have left the Administra- tion and Code Authority connections of such persons ; names of all members of all Code Authorities and their busi- ness connections and a separate list of the codes handled by each admini- strator, deputy administrator and as- sistant deputy administrator. Final Code Board Report Tomorrow The Code Authority committee ap- pointed to pass on nominations for local grievance boards will meet to- morrow to prepare its final report to be submitted to the Code Authority at the Friday meeting of that body. Also meeting tomorrow to com- plete a report for the Friday meeting of the Code Authority is the commit- tee charged with preparation of a manual on procedure for grievance boards. Oliver for Rivoli Job Hal Oliver, formerly with RKO, is set to join the Rivoli as publieity representative, succeeding James H. MacFarland. Jones Stirs Speculation Over Credit {Continued from page 1) audience to put fear behind it and ge behind the President's recovery pro gram. "If we continue waiting on the side lines for complete recovery and as sured values, readily marketable, na turally there can be no recovery," h said pointedly. Jones said he would be the last mai in the world to advise "loose credits.' but he said he was of the opinion tha "too little credit and too severe term at this time would be worse than toi much credit." Later in his talk Jones sharply hil at the impression that there had beei too much government supervision oj banking and expressed the opinion tha' recent events had demonstrated ther has not been enough. . As one reason for easier credit terms the speaker pointed out that inl surance of deposits now makes thil more desirable. Congressional demands for fre credit may force through a law au thorizing the RFC to make direq loans, Jones warned. Continuing, he said: "I wonder i] the trouble is not in part that we arj still suffering from shell shock — stil afraid. Of what, I am unable t< divine. If property, and that take in every scope of investment, has n« value upon which to lend, then oul money can have no value. But thiJ is not open to question. Our prop! erty has value and our money ha value. It will always be so in Amer ica. Furthermore, the depression i over and we are assuredly on the up grade." The address was received with mill applause. Two Radio Stations In Deal with MPT OA {Continued from page 1) yesterday on his arrival in New York Complaints against other station are being brought directly to the at tention of their operators, and if n< relief is granted they will be filed witl the Code Authorities of both the filn and radio industries, Kuykendall said He plans to remain in New York un til after the film Code Authority! meeting Friday. Moss to Study Theatres Paul Moss, new license commission- er for New York, yesterday stated hf* has not yet had time to look into th< picture theatre situation on violation; and that he expected to shortly. H< said he had no illusions about th< theatre and while he was for clear plays did not intend to make himseli a censor for New York. He addec that he intended looking into the fak< booking agent racket as a result o many complaints to his office. Warners Drop One Warners have dropped the Rex- East Rutherford, N. J., recently taker over from Al Gottesman. Samuel Kanter is reported to have acquired it T'S HERE! 111 it's the the theatre; f e ^Vve ^0 it© 0^ 0 if* 0 I invite you all to attend the New York Premiere of the U 16, with Floating Comfort — ''The New Deal in Theatre Seating" — on Thursday and Friday of this week, at the As tor Hotel, Suite 158. MOTION PICTURE DAILY Looking 'Em Over "Murder on the Campus" {Chesterfield) "Murder on the Campus" is another one of those guessing games. And again, as in so many of these mystery films, the prize guesser is a newspaper reporter, with the police just a lot of chumps. This one keeps one guessing pretty furiously as to the identity of the person who killed a college lad, presumably while the latter was playing the chimes in the campanile on the campus. The finger is kept off the murderer until the last few minutes of the film. Edward Van Sloan is the killer. A wealthy professor and criminol- ogist, he turns to murder when he is threatened with blackmail over his friendship for a pretty co-ed. The blackmailer, the chime-playing stu- dent, is found shot at the top of the bell tower. How in blazes did the murderer get away without being seen? As it turns out, the black- mailer was already dead when brought there. The sound of the chimes was an electrical transcription, as was the report of the pistol shot, all made in Van Sloan's laboratory and sent out over a loud speaker. Other players include Shirley Grey, Charles Starrett, J. Farrell Mac- Donald, Ruth Hall and Maurice Black. Richard Thorpe directed. 10 Reviewers Set Varied Talks At 3-Day Meet Two general program divisions will mark the three-day annual conference of the National Board of Review which gets under way tomorrow at the Hotel Pennsylvania. They are : "A Quarter Century of Organized Motion Picture Progress" and "Mo- tion Picture Research and Apprecia- tion." It will be the 25th anniversary of the board. Among the conference speakers will be: Prof. LeRoy E. Bowman of the Child Study Ass'n. of America; Dr. A. A. Brill, psychiatrist ; Mrs. Frances Taylor Patterson, Columbia instructor in photoplay composition ; Dr. Worth M. Tippy, executive secretary. Depart- ment of the Church and Social Serv- ice, Federal Council of Churches of Christ in America ; William Lewin, chairman of the committee on photo- play appreciation, National Council of Teachers of English; Gretta Palmer, women's page editor of the World- Telegram; Dr. F. Dean McClusky, National Education Ass'n's depart- ment of visual instruction; Isabel Kennedy, secretary, Pittsburgh Fed- eration of Social Agencies. Screen Stars at Luncheon Stage and screen stars are to be invited to a luncheon Friday, at which Dr. George W. Kirchwey, dean of Columbia Law School, will preside. The speakers will include Bishop Francis J. McConnell, Division Ad- ministrator Sol A. Rosenblatt, John Collier, commissioner of the Bureau of Indian Affairs ; Elmer Rice, play- wright, and Terry Ramsaye, editor of Motion Picture Herald. Specific topics under the program section called "A Quarter Century of Organized Motion Picture Interest" will be : "The National Board of Re- view— Its Functions. Yesterday and Today"; "The Problems of Motion Picture Review — How It Should Fo- cus In Order to Reflect Public Opinion and Perform the Necessary Critical Function" ; "The Films and the Com- munity— What Has Been, and Can Be Accomplished, and How to Organize a Community for a Specific Purpose" ; "The Supporting Church Interest in Community Motion Picture Organiza- tion" and "The Response of the Pro- ducer to the Cooperative Public Ef- fort." Other Topics Listed Under the second topic of "Motion Picture Research and Appreciation" there will be addresses on "What Can Research Prove?" "How Research Can Be Related to the Community Effort Pertaining to Motion Pictures," "Motion Picture Appreciation in the High Schools," "A Writer's View- point on Films in Relation to Chil- dren" and "The Place of Research in Visual Instruction." Two night showings are to be given. The first will be tomorrow night at the New School for Social Research, 56 W. 12th St. On this program will be "Catherine the Great" and "Grain Race," a three-reeler by Allen J. Vil- liers, showing sailing ships rounding Cape Horn. The second showing will be at the Fifth Ave. Playhouse — "Love of a Poet," by Jean Coteau, and a two- reeler, "Lot in Sodom," by Dr. Hunt- ley Watson, Jr. Report Soviet Film Party on Way Here Hollywood, Feb. 6. — An uniden- tified delegation of Soviet film repre- sentatives is said to be en route here from Moscow to study production methods at local studios and line up technical talent for Soviet production. Boris Petroff, former stage producer at the New York Paramount and npw under contract at the Paramount stu- dio as a writer, is responsible for the report. He relates, too, that a "promi- nent woman in the film industry" whom he is unable to identify by name now, is an advance agent in lining up talent here for Soviet production and had come to him with an offer to work in Moscow. Lewis Milestone was also reported to have received a similar offer. The New York office of Ainkino, Soviet film representatives, yesterday denied knowledge of either the ap- proach of the delegation reported en route from Moscow or of any Holly- wood agent authorized to make offers for talent to work on Russian pro- ductions. Kane Going Abroad Hollywood, Feb. 6. — Robert T. Kane, an associate producer at Fox. plans a trip overseas about May 1 to take a look at the company's for- eign production situation. Fox con- templates opening a laboratory in Rome to handle "dubbed" versions, but decision on this score will be reached at New York conferences prior to Kane's sailing. In the meantime, he is busy pre- paring "Gypsy Holiday" for produc- tion around March 15. Erik Char- rell will direct. Laemmle Buys Plays Carl Laemmle, Jr., now in New York, closed two story deals by wire yesterday. One was for a play, "Frail- ty," by Edith and Edward Ellis, and the other was for "Humbug," by Max Marcin. Missouri Tax Must Be in Sale Prices Kansas City, Feb. 6. — Missouri's one-half of one per cent sales tax cannot be passed on as a tax. Under a ruling by Roy McKittrick, attorney general, if theatre owners or other business men do not wish to absorb the levy, it will be necessary to raise the price to that extent. The attorney general's opinion is based on the theory the tax is an oc- cupation or privilege tax and not a sales tax, as it was called by the legislature which enacted it, and there- fore, if it is passed on to the con- sumer, the sale price must include the levy. The selling price and the amount of the tax added cannot be set out separately. Vending machines in theatres are subject to the tax on gross sales. The operator, although not the owner of the machine, is liable for the tax. The attorney general has issued a 50-page manual for use of those liable to tax. Form Cleveland Club, With Fontaine Head Cleveland, Feb. 6. — A Cleveland Variety Club was organized today by John Harris, James G. Balmer and J. T. McGreevey of the national Va- riety Club at a meeting at the Hotel Statler. Officers were elected as follows : J. E. Fontaine, president; H. M. Ad- dison, first vice-president ; F. D. Drew, second vice-president ; I. J. Schmertz, secretary; M. B. Horwitz, treasurer. Named directors were George Roberts, Nat Holt, Nat Wolf, E. C. Flanigon, Harry Howlett and Fred Meyers. The next meeting will be Monday. The club plans to raise its charter membership to 50. Headquarters will be at the Statler. Portland's Ban on Nazi Film Removed Portland, Feb. 6. — Upholding the reviewers for the censor board who passed "S. A. Mann Brand," first Hit- ler picture, and reversing the cen- sor board, which revoked the license, the city commissioners voted unani- mously to permit the showing of the film at the Taylor Street. Wednesday, February 7, I9J Midwest Gain Now Reaching Into Theatres Theatres in the midwest are begii ning to feel the effects of the gener; business pickup, reports show. In Be troit, one of the hardest hit in th country during most of the depressici it's due to the spurt in the automobil business ; in Cleveland it's an improve ment in the steel trade, and in Akro it's something approaching a boom i rubber plants. Detroit, Feb. 6. — More workers ar back in the automobile plants than a any time during the past three year and exhibitors are beginning to fee more cheerful. Automobile plants have unfilled or ders and more men are back in th plants than any time since 1929. Th Board of Commerce says the total i about 75 per cent of the average tron 1923 to 1925. This is 50 per cent high er than last year, and does not includ CWA workers. Cleveland, Feb. 6. — Steel plant here are now at 69 per cent of capa city, the highest point in nearly fou years. Employment is now 17,36. above the low point of March, 1933 Other industries show gains as fol lows: Textiles, 1.8 per cent; pape: and printing, 5 per cent ; non-ferrou: metals, 2 per cent, and lumber, 7.'.' per cent. Akrox, Feb. 6. — The rubber indus try, which dominates this town, is ex- periencing an almost unprecedentec mid-winter demand for product. Foui of the major tire companies have jus' granted another sizeable pay increase affecting 40,000 employes, many ol whom now are receiving a higher hourly wage than in the peak year of 1929. This condition is bound to be re- flected in materially increased theatre attendance, is the consensus of opin- ion among local exhibitors. Three in Charge for F. & M, in St. Louis St. Louis, Feb. 6. — Harry Green- man, Charles E. Kurtzman and Harry Koplar are in active control of the Fox and St. Louis under the new deal by which these houses are run for F. & M. through a subsidiary. Greenman has been manager since before the start of the receivership. Delay Rembusch Trial Opening of the trial of Frank Rem- busch's anti-trust action against the M. P. P. D. A. and individual mem- ber companies was postponed yester- day to Feb. 13 by U. S. District Court Judge Alfred M. Cox at the request of Max D. Steuer, attorney for the defendants. The Rembusch ac- tion alleges a conspiracy in restraint of trade and asks for damages aggre- gating more than $2,000,000. Russo on U. A. Publicity Richard Russo has joined the U.A. publicity staff. He is a former high school and college football player. MOTION PICTURE DAILY Educ'l Expected to Keep Present List Court Orders 306 Men Bacl Insiders? Outlook ed.iesday, February 7, 1934 lo Relatives Out of Para., Says Cokell (Continued from page 1) 1 some of his relatives who left company at about the same time, those on the list were still in the ploy of the company. He excluded, course, the late Emil Shauer, for- r foreign manager and a brother- law of Adolph Zukor, who died ently. iogers inquired whether the profit .ring plan patterned after that in ce in the General Motors organiza- n and favored by Hertz, contem- ted profit sharing for "executives employes," and was told by Cokell t Hertz's interest was primarily in "rank and file." Wanted Profit Sharing 'Hertz had built up the Chicago How Cab Co. from nothing on a nt sharing basis," Cokell said. "He d us he didn't want to be associated Sh an organization in which the rank 1 file had no opportunity to share its profits. He took Ralph Kohn i myself to see the assistant treas- :r of General Motors, who described it company's profit sharing plan to We discussed it for several weeks er that." Rogers sought to show that Kohn, mer Paramount treasurer, knew re about the company's 812,000,000 ■dit transaction of 1932 than he had nitted in testimony at an earlier iring. Kohn explained his lack of ormation on details of the transac- n by declaring at the time that he 1 not been concerned with its mech- cs, but merely had participated in Few preliminary conferences which . up to the credit arrangement. Yes- cay, Rogers queried Cokell on the mber of such conferences Kohn had ticipated in. 'Three or four," was Cokell's reply. Reads from Cokell Diary Rogers then read seven entries from day-by-day diary kept by Cokell :h of which named Kohn as a con- ee at a discussion on the credit .nsaction. rokell's diary piqued the interest of teree Davis, who inquired concern- \ its origin and how closely the en- es approximated actual happenings. 'It's a personal diary that I've kept r some time." Cokell explained. "I ed to make entries in it every night." Cokell testified that Hertz believed : Paramount real estate department be "weakly manned" and consulted th Charles F. Noyes, realty expert. an "experienced man to handle it." Samuel Zirn, attorney for another oup of bondholders, endeavored un- ccessfully to draw an admission Dm Cokell that Erpi's creditor claim ainst the company had been raised om approximately $1,000,000 at the ne of the receivership to $1,900,000 the time of the bankruptcy. Give "Moulin" Party Players traveling with the "Moulin }uge" caravan and a number of well town figures in film and theatrical "cles were guests last night at a pper-dance given by United Artists the Terrace Room of the Hotel ew Yorker. (Continued from page 1) tives, headed by John D. Clark, sales manager. This season, Hammons' company is releasing 52 two-reelers and 66 one- reelers. The two-reel series are eight in toto, while the one-reelers break down into seven groups. (Continued from page 1) ruptcy to the U. S. Supreme Court for review. Zirn was admitted to the District of Columbia bar preparatory to inaugurating his actions. One -seeks the review of a denial of his action for the removal of the Par- amount trustees in bankruptcy by the U. S. Circuit Court of Appeals here last month. The other is on Zirn's unsuccessful attempts to have Par- amount adjudicated an involuntary bankrupt at the time Paramount con- sented to a friendly equity receiver- ship. He will seek a writ of certiorari within the next 10 days, Zirn said, seeking the high court's consent to review the cases. (Continuxd from page 1) secretaries, has been engaged by the Hays organization to handle national publicity. He succeeds no one, the post apparently being a new one. Trumbull is an old newspaper man and lists in his experience an associa- tion with the former New York World where he was a syndicate writer. Evangelist Loses Suit Hollywood, Feb. 6. — Judge Yank- wich today handed down a judgment of $5,900 against Aimee Semple Mc- Pherson in the suit brought by the estate of the late J. Roy Stewart charging failure to proceed with a film called "Clay in Potter's Field," in which she had agreed to play. Cold Detains Hays Hollywood, Feb. 6. — Suffering from a cold. Will Hays has been forced to postpone his return east. He is at the Queen of Angels Hospital for observation. His condition is not critical. He will not attempt to start east before the week-end. Jolson Headlines Cheese Al Jolson headlined the Cheese Club guest list yesterday which included Jack Pearl. Rudy Vallee. John Mc- Govern. Joseph Israels. Ferde Grofe. Louis Adamic, Julius Tannen and Paul Moss. Col. Boys* Novel Set Lou Goldberg and Ed Olmstead, both of Columbia, have finished "The Unsinkable Mrs. Jay," based on the life of J. J. Brown. The 90.000-word novel has been accepted by Mac- auley's. Ostrer in Hollywood Hollywood. Feb. 6. — Isidore Ostrer of Ostrer Bros., controlling factor in Gaumont British, is here from London. to Jobs (Continued from page 1) temporary injunction against the I.T.O.A. when the exhibitor unit be- gan discharging the union's operators, claiming it a violation of the N.R.A. blanket agreement. The I.T.O.A. ap- pealed for a re-argument of the case, which was denied yesterday. The 55 men will be returned to their jobs as soon as the judge signs the order handed down yesterday. Quebec Houses Want Child Ban Changed Montreal, Feb. 6. — Independent exhibitors of Quebec have asked Pre- mier L. A. Taschereau for a modifi- cation of the law which now bars children under 16 years of age from theatres. They want this cut to 14 years, with children above 14 admitted when accompanied by parents. They are also asking for a special censorship for children's programs to be given on a designated day each week. At present no child under 16 in Quebec province is able to see a film except in school halls, which, they claim, are a greater panic and fire risk than inspected theatres. The law is the outcome of the Laurier Palace fire in which 79 children lost their lives. To Offer Plans to Aid Camera Union Hollywood, Feb. 6. — Cameramen's union, at a meeting last night, heard that plans for rehabilitation of the or- ganization would be submitted soon. Continuation of the union was fa- vored. At the same time the A. S. C. announced a plan for rotating work through the cooperation of the major studios. Under the scheme all but contract people will be cleared through the offices of the organization. The financial report of the union revealed assets of $101,000, with ap- proximately $33,000 out on loans to members. Ed Estabrook, business manager, reported 400 members were in good standing. Actors to Pick Agents Hollywood, Feb. 6. — With Divi- sion Administrator Sol A. Rosen- blatt's approval, the Actors' Guild is calling a general meeting for Feb. 18 to nominate candidates for the agents' code committee and the pro- ducer-actor five-five committees. A committee has been elected to pass upon eligibility for voting at the meeting. It comprises Lucille Glea- son, Boris Karloff, Bradley Page, Minna Gombell, Jean Hersholt and Edwin Maxwell. Laemmle to Celebrate Hollywood, Feb. 6. — Carl Laemmle celebrates the 27th anniversary of his entrance into the film field today. "Hiawatha," a one-reeler, filmed in Minneapolis, launched the producing organization now known as Universal Pictures. Production and distribution heads of Universal in Europe, South America and the United States will join Laemmle in celebrating the event in New York. (Continued from page 2) out charge; all the public has to do is to ask. The idea is not new. Before NBC moved over to its new hatrack at Rockefeller Cen- ter, weekly broadcasts of Cantor on the Chase and Sanborn Hour were held each Sunday night from the roof of the New Am- sterdam. . . It's taking a long, long time for the code to get go- ing, isn't it ? . . . T Institutional theatre advertis- ing, winter model, 1934: The Lee Ochs circuit program for its Mid- town and Yorktown telling pa- trons those houses are so attrac- tive and comfortable they allow "you to relax to the extent that you almost sleep." Didn't know that was happening in the sound era, common as it was when loud speakers didn't blare at you. . . Another case of release titles that seem to go better when fixed up : "Fashion Follies of 1934," first sent forth by the Warners without the "Follies." . . T Catchlines subbing for feature titles out front of the Cohan, Gaiety, Globe and other Broad- way twin bill, any-run houses are responsible for squawks from pa- trons who first pay and later dis- cover the pictures are old. It doesn't help the neighboring houses who conduct their fronts legitimately. What about it? There's this much about it. The product still belongs to the dis- tributor. . . Sirovich is doing his damndest to get that Congres- sional probe going. . . T Eddie Cantor's blood pressure got a bit out of hand when he issued the statement to the dail- ies he would resign his post on Code Authority if any changes were made in provision govern- ing chorines and their light fan- tastic. The dope is he didn't really mean it — that is, the resig- nation threat. . . Does Fox Movietonews really want a news- reel theatre of its own again on Broadway? . . . The pants (trous- ers) gag in "Palooka" is pretty rough, particularly Schnozzle's blackout line. . . T Reports all over Times Square about the Publix situation in De- troit and all of them insist John Balaban will get those houses after all. . . Al Jolson, talking be- fore the Cheese Club yesterday, said the Walter Winchell inci- dent, a Hollywood hot one in its day not so long back, represented the chivalry of the South — the southern part of Russia. Julius Tannen, also among those pres- ent, remarked there were so many actors on deck the club monicker ought to be changed to the Ham and Cheese Club. For that one, you can blame him. . . K A NN Zirn Prepares to Go Into Highest Court Walter Trumbull to Do MPPDA Publicity 12 MOTION PICTURE DAILY Wednesday, February 7, 1934 'All of Me," Show, Loop's Top, $42,000 Chicago, Feb. 6. — A cold snap that sent the thermometer to zero Sunday afternoon and kept it below zero until Tuesday noon was responsible for serious inroads at Loop box-offices. In the face of the weather handicap business rallied toward the end of the week. B. & K.'s Chicago came through with $42,000, a pronounced increase over the preceding week despite the weather. "All of Me" was on the screen and "The Student Prince" on the stage. The take at the RKO Palace of $22,000, with "Advice to the Lovelorn" on the screen and "Artists and Models" on the stage further indi- cates the favorable trend, in view of the weather. Total first run business was $126,- ■000. Average is $137,000. Estimated takings : Week Ending Jan. 30: "DINNER AT EIGHT" (M-G-M) 'ORIENTAL— (3,940), 30c-40c-60c, 3rd ■week, 9 days. Gross: $15,000. (Average, $23,000) "GALLANT LADY" (U. A.) UNITED ARTISTS— (1,700). 30c-40c-60c, -2nd week, 7 days. Gross: $11,000. (Average, $17,000) Week Ending Feb. 1: "ALL OF ME" (Para.) CHICAGO — (4,000), 35c-50c-68c, 7 days. "Schubert's "The Student Prince" on stage. Gross: $42,000. (Average, $34,600) "ADVICE TO THE LOVELORN" (U. A.) PALACE— (2,509), 35c-50c-75c, 7 days. Artists and Models revue on stage. Gross: $22,000. (Average, $22,000) Week Ending Feb. 2: "MISS FANE'S BABY IS STOLEN" (Para.) McVICKERS— (2,284), 30c-40c-60c, 7 days. Gross: $10,000. (Average, $13,000) "GOING HOLLYWOOD" (M-G-M) (Second Loop Week) ROOSEVELT— (1,591), 25c-35c-50c, 7 days. Gross: $9,000. (Average, $11,000) Week Ending Feb. 3: "LOVE HONOR AND OH BABY" (Univ.) STATE-LAKE— (2,776), 20c-25c-35c, 7 days. WLS Merry Go Round on stage. Gross: $17,000. (Average, $17,000) Providence Gives "Eskimo" $12,000 Providence, Feb. 6. — In a week of dull business "Eskimo" and a stage show headed by the Radio Rogues reached an average $12,000 at Loew's State. Total first run grosses were $39,100. Average is $40,600. Estimated takings for the week end- ing Feb. 1 : "EIGHT GIRLS IN A BOAT" (Para.) "WOMAN'S MAN" (Chesterfield) PARAMOUNT— (2,300), 15c-40c, 7 days. Gross: $6,500. (Average, $6,500.) "CROSS COUNTRY CRUISE" (Univ.) "MASSACRE" (Warners) MAJESTIC— (2.400), 15c-40c, 7 davs. Gross: $6,000. (Average, $7,000.) "ESKIMO" (M-G-M) LOEW'S STATE— (3,800), 15c-40c, 7 days. Stage: Radio Rogues. Gross: $12,000. (Average, $12,000.) "ORIENT EXPRESS" (Fox) FAYS — (1.600), 15c-40c, 7 days. Stage: Country Club Scandals. Gross: $7,000. (Average. $7,000.) "HIPS HIPS HOORAY" (Radio) "SHADOWS OF SING SING" (Col.) RKO ALBEE— (2.300), 15c-40c, 7 days. Gross: $6,500. (Average. $7,000.) "LITTLE WOMEN" (Radio) "BEFORE MIDNIGHT" (Col.) RKO VICTORY— (1,600), 10c-25c, 4 days. Gross: $1,100. (Average, $1,100.) "Carolina" Is Philadelphia Hit, $28,000 Philadelphia, Feb. 6. — "Carolina" led the first runs this week with a good $28,000 and was held for a second week. Making its first run bow at the Boyd, "Dinner at Eight" seems sure for a $13,000 week. A good second week for "Gallant Lady," over-average business for "Counsellor-at-Law" and nice return trade for "Dancing Lady" kept the business well in the black. Total first run business was $103,- 100. Average is $84,200. Estimated takings for the week end- ing Feb. 1 : "GALLANT LADY" (U.A.) ALDINE— (1,300), 40c-55c-65c, 6 days, 2nd week. Gross: $8,000. (Average, $7,000.) "DANCING LADY" (M-G-M) (2nd Run) ARCADIA— (600), 25c-40c-50c, 8 ■ days. Gross: $3,600. (Average, 6 days, $2,400.) "DINNER AT EIGHT" (M-G-M) (2nd Run) BOYD— (2.400) , 40c-55c-65c„ 6 days. Gross: $13,000. (Average, $12,000.) "GOING HOLLYWOOD" (M-G-M) EARLE— (2,000), 40c-5Sc-65c. 6 days. Stage: Fifi D'Orsay, Charles Ahern's "Millionaires," Paddi Pryce, Cooper and Pickert, Hill and Hoffman. Gross: $18,000. (Average, $12,000.) "CAROLINA" (Fox) FOX— (3,000), 30c-40c-65c, 6 days. Stage: "Goin' South" prologue. Gross: $28,000. (Average, $16,000.) "BEDSIDE" (F.N.) KARLTON— (1.000). 30c-40c-50c, 6 days. Gross: $3,500. (Average, $3,500.) "I AM SUZANNE" (Fox) (2nd run) KEITH'S— (2,000). 25c-35c-40c, 6 days. Stage show. Gross: $7,500. (Average, $7,000.) "FASHIONS OF 1934" (Warners) STANLEY— (3,700), 40c-55c-65c. 8 days. Gross: $14,000. (Average, for 6 days. $12,000.) "COUNSELLOR-AT-LAW" (Univ.) STANTON— (1.700), 30c-40c-55c, 6 davs. Gross: $8,000. (Average, $7,000.) "Invisible Man" at $3,800 in Portland Portland, Feb. 6. — Last week was slightly better than average, with "Invisible Man" at the Music Box registering $3,800, or but $800 oyer average. Reopening of the Pantages, with a combination screen and vaudeville bill had a take of $2,500, or but $500 over average. A double bill, "From Headquarters" and "Goodbye Love," at the Oriental went $1,000 over house average to $3,000. First run total was $25,300. Aver- age is $23,000. Estimated takings for the week end- ing Feb. 3 : "CONVENTION CITY" (F. N.) "MASSACRE" (F. N.) (Re-titled "Big Round Up") BROADWAY— (1,912). 2Sc-35c-40c, 7 days. Gross: $6,000. (Average. $6,000) "INVISIBLE MAN" (Univ.) HAMRTCK'S MUSIC BOX— (2.000). 25c- 35c-40c. "' days. Gross: $3,800. (Average, $3,000) "FROM HEADQUARTERS" (Warners) "GOODBYE LOVE" (Radio) HAMRICK'S ORIENTAL— (2.040). 25c- 35c, 7 days. Gross: $3,000. (Average, $2,000) "MASTER OF MEN" (Col.) PANTAGES— (1.700), 25c-35c, Vaudeville, 7 days. Gross: $2,500. (Average, $2,000.) "I AM SUZANNE" (Fox) "HELL AND HIGH WATER" (Para.) PARAMOUNT — (3,008), 2Sc-35c-40c, 7 days. Gross: $5,000. (verage, $5,000) "MOULIN ROUGE" (U. A.) UNITED ARTISTS— (945). 25c-35c-40c, 7 days. Gross: $5,000. (Average. $5,000) Using Psychology Hollywood, Feb. 6. — Tay Garnett put the reverse Eng- lish in advertising for talent for "Honor Bright," which he will direct for Para- mount. Instead of advertis- ing for pretty little girls around the age of eight, he requested the ugly type, em- phasizing that good lookers would not even be consid- ered. "Candlelight" At $3,000 in Minneapolis Minneapolis, Feb. 6. — Grosses were spotty here and in St. Paul last week, with "By Candlelight" making the best comparative showing here and "Emperor Jones" taking top percent- age honors in St. Paul. "By Candlelight" was $1,000 over normal at $3,000 in the Minneapolis World and "Emperor Jones" was the same amount up with a gross of $2,500 at the 300-seat_St. Paul World. "Eskimo" was a disappointment on both sides of the river, falling $500 under average at the Minnesota here and in the St. Paul Paramount. Minneapolis' five houses, usually getting $22,100, made around $23,000, while St. Paul's five totaled $17,700 where they usually get $16,000. Estimated takings : Minneapolis Week Ending Jan. 31: "ADVICE TO THE LOVELORN" (U. A.) LYRIC — (1.238), 20c-25c, 7 days. Gross: $1,500. (Average. $1,500) "ESKIMO" (M-G-M) MINNESOTA— (4,000). 25c-40c, 7 days. Gross: $7,000. (Average, $7,500) Week Ending Feb. 1: "CONVENTION CITY" (F. N.) RKO ORPHEUM— (2,900), 20c-40c, 7 days. Gross: $5,500. (Average, $5,500) "THE HOUSE ON 56TH STREET" (Warners) STATE— (2.300), 25c-40c, 7 days. Gross: $6,000. (Average. $5,500) "BY CANDLELIGHT" (Univ.) WORLD— (400), 25c-75c, 7 days. Gross: $3,000. (Average, $2,000) St. Paul Week Ending Feb. 1: "ESKIMO" (M-G-M) PARAMOUNT— (2.300). 25c-40c, 7 days. Gross: $5,000. (Average. $5,500) "FUGITIVE LOVERS" (M-G-M) RIVIERA— (1,200), 25c-40c. 7 days. Gross: $3,500. (Average. $3,500) "HIPS, HIPS HOORAY" (Radio) RKO ORPHEUM— (2,500), 20c-40c. 7 davs. Gross: $5,000. (Average, $4,000) "MISS FANE'S BABY IS STOLEN" (Para.) TOWER— (1,000), 15c-25c, 3 days. Gross: $900. (Average. $800) "SMOKY" (Fox) TOWER— (1.000). 15c-25c, 4 days. Gross: $S00. (Average. $700) ' EMPEROR JONES" (U. A.) WORLD— (300), 25c-75c. 7 davs. Gross: $2,500. (Average. $1,500) Fox Plant to Have New Storage Vault Hollywood, Feb. 6. — Work is to be started soon on a nine-room film vault with storage space for 11,000,000 feet of film at the Fox studio. This is part of the recent expansion program which has included two sound stages, a mill, and a building for a re-recording channel and a projec- tion room. "Lovers" and Musical Pull In Pittsburg! Pittsburgh, Feb. 6. — The coldc snap of the winter last week, sendir. temperatures down to several degre< below zero, hit theatres hard. Wit a number of big attractions in tow the week-end start was the bigge here in some time, but the arrival < a blizzard over Monday and Tuesdz held everything at a standstill. The Penn, returning to stage shov; after an absence of two years, had ti condensed version of Earl Carroll "Vanities" and "Fugitive Lovers easily leading the town at $27,000. Tl Stanley, with "Four Frightened Pc pie," skidded to rock bottom at $5,70 the worst here in some time. Of the straight pictures, "I Am Si zanne" alone managed to withstai the frigid blast, gathering $6,700 seven days. While the Pitt was o too, with its combination unit and pi ture policy, it still managed to sh a profit at $6,500 with "Jimmy ai Sally" and "Sweet and Lowdown." Total grosses in six first run hous were $50,900. Average is $48,500. Estimated takings for the week en ing Feb. 3 : "CROSS COUNTRY CRUISE" (Univ DAVIS — (1,700), 25c-35c, 6 days. Gro: $1,700. (Average. $2,500) ' I AM SUZANNE" (Fox) FULTON— (1.750), 15c-40c, 7 days. Gros $6,700. (Average, for six days. $4,000) "FUGITIVE LOVERS" (M-G-M) PENN— (3.300). 25c-75c, 6 days. Staf Earl Carroll's "Vanities" with Ray Bolg Collette Sisters, Jean Travels, Samu Brothers and Jack Squires. Gross: $27,0 (Average, $21,000.) "JIMMY AND SALLY" Fox) PITT— (1,600), 15c-40c, 6 days. Stag "Sweet and Lowdown" with Arthur a Morton Havel. Gross: $6,500. (Averai $6 000 ) "FOUR FRIGHTENED PEOPLE" (Par STANLEY— (3,600). 25c-50c . 6 da Gross: $5,700. (Average, $9,000.) "LETS FALL IN LOVE" (Col.) WARNER— (2.000), 25c-50c, 6 days. Gro.' $3,300. (Average, $5,000.) "Lovelorn," Show $12,200, BuffaL Buffalo, Feb. 6. — Four days severe snowstorms and below ze weather pulled all grosses dov. Nothing could keep 'em away from t Hippodrome, though, where Rosa and her fan dance plus "Advice to t Lovelorn," brought in $12,200, $2,200 above par. Total take was $48,100. Normal $47,500. Estimated takings foi the week en ing Feb. 2: "FLYING DOWN TO RIO" (Radio) BUFFALO— (3,500). ■ 30c-55c. 7 da Stage: Milton Berle, George Prenti Evelyn Dall. Five Maxellos, Barb: Blane. Gross: $15,800. (Average. $15.00 "AS HUSBANDS GO" (Fox) "EMPEROR JONES" (U. A.) CENTURY— (3.000), 25c, 7 days. Adc_ attraction: Ross-Petrolle fight fill Gross: $5,700. (Average, $6,000.) "ESKIMO" (M-G-M) GREAT LAKES— (3.000). 25c-40c. days. Gross: $7,500. (Average. $10,000. "ADVICE TO THE LOVELORN" (U.. HIPPODROME— (2.100). 25c-40c, 7 da Stage: "Midway Nights," with Rosa Dennis White. Prosper & Maret, John Poat, Bonita Frede. Jean & Joan, Andr Bros.. Dave Lee. Lvda Sue, Pearl J Knight. Gross: $12,200. (Average, $10,(X "CROSS COUNTRY CRUISE" (Univ "EAST OF FIFTH AVENUE" (Co! LAFAYETTE— (3.300). 25c. 7 da Gross: $6,900. (Average. $6,500.) MOTION PICTURE DAI LY Variety Club Chatter Cincinnati Wednesday, February 7, 1934 Invisible Man/ Show Garner $15,000, K.C. Kansas City, Feb. 6.— "Invisible tan," plus "Fifty Million French- ■n" as the stage attraction, pulled 5.000 at the RKO Mainstreet for the eek's best business. Among straight film runs, "Eski- y" led the field with a strong $10,- 0 at the Midland. The Newman rned in a fair $6,000 with "Miss ine's Baby Is Stolen," while the reign-made "I Was a Spy" slumped SI ,900. Total for the week was $33,500. verage is $32,500. Estimated takings : Week Ending Jan. 31: "I WAS A SPY" (Fox) "PTOWN— (2.000). 25c-40c. 7 days. Gross: 900. (Average. $3,000) Week Ending Feb. 1: 'MISS FANE'S BABY IS STOLEN" (Para.) NEWMAN— (1,800). 25c-40c. 8 days, plus turday midnight show. Gross: $6,000. .verage for 8 days, $6,500.) 'THE INVISIBLE MAN" (Univ.) MAINSTREET — (3,049), 25c-40c-60c, 7 Is, plus Saturday late show. Stage: An- 3le Friedland's "Fifty Million French- tn" revue, featuring Venita Gould, Rich- d Lane, Al Norman, Susan Jayne, Ester oyd. Gross: $15,000. (Average for com- nation shows, $13,000.) Week Ending Feb. 2: "ESKIMO" (M-G-M) MIDLAND— (4,000). 25c. 7 days, plus Sat- day midnight show. Gross: $10,700 (Av- age. $10,000). Scandals" Opens To $6,000, Omaha Omaha, Feb. 6. — Booked for two eeks at the World, "Roman Scan- ils" opened big to give the house the ;st break it has had in months. The ke was around $6,000. The Morton Downey stage unit at e Brandeis, along with "The Mean- t Gal in Town" on the screen, hooped the gross to $8,500 in face of ie Cantor competition. A dual bill at the Orpheum of "Fu- tive Lovers' and "Girl Without a oom" was good for average money, he dud of the week was "All of Me" : the Paramount. Total first run business was $28,- X). Average is $26,250. Estimated takings : Week Ending Jan. SI: "ALL OF ME" (Para.) PARAMOUNT —(2,900), 25c-35c-40c. 7 lys. Gross: $6,250. (Average, $7,500) Week Ending Feb. 1: "ROMAN v JANDALS" (U. A.) WORLD— (2,200). 25c-35c-40c. 7 days, ross: $6,000. (Average, $5,500.) "THE MEANEST GAL IN TOWN" (Radio) BRANDEIS — (1,200), 25c-35c-45c-60c. 7 ays. Stage: Morton Downey unit. Gross: 5.500. (Average. $6,000) Week Ending Feb. 2: "FUGITIVE LOVERS" (M-G-M) "GIRL WITHOUT A ROOM" (Para.) ORPHEUM— (3.000). 25c-35c, 7 days, -ross: $7,250. (Average, $7,250) Lynch Improving S. A. Lynch, head of the theatre re- rganization committee at Paramount, 5 improving and is getting along "as ■rell as might be expected," his office eported yesterday. Lynch is in Flor- da battling a serious illness which lade necessary removal of his teeth. Cincinnati, Feb. 6. — Allen Mor- ttz, chairman of the house committee, says club rooms should be provided with an upper deck, especially on Sunday nights when the ladies attend. These weekly affairs are growing in popularity and crowding the quarters to capacity, even with the adjoining room, recently annexed. Arthur (RRO) Frudenfeld is dividing his time between home and office while battling with a severe cold, which has seriously handicapped his vocal mechanism. P. J. ("Pete") Wood, of the Colum- bus chapter, dropped in for a social hour while in town. Olsen and Johnson, recently elected to associate membership, spent most of their spare time at the local headquarters while playing the Palace. Weekly luncheons now are being held in the club rooms instead of the Netherland Plaza Frontier Room as Columbus, Feb. 6. — George ("Red") Trautman, president of the Columbus Red Birds, winners of the American Association and Little World Series pennants in 1933, is planning on a Variety Club section on the special train which leaves about March 10 for Avon Park, Fla., for spring training. Jimmy Peppe of Valley Dale is in charge of arrange- ments. The Club will hold a special Valen- tine party for the ladies Feb. 14. Leo Haexleix of Olentangy Park, Bernie Gardner of Paramount and Max Stearx of the Southern Theatre are in charge of the program. They prom- ise plenty of heart throbs with no two- for-one admissions or giveaways. The widow of George Chennell, grand old man of show business and head of the Columbus Bill Posting Co. who died recently, has presented to the St. Louis, Feb. 6. — Ole Olsen was guest of honor at the first of the "Fish Fries." Ole gave his visible approba- tion to the club's cuisine by consuming twice as much fish as any other three guests. Olsen and Chic Johnson were formally honored at a stag party Monday evening. Leto Hill of St. Louis Amusement claims the "Hearts" championship. Cullen Espy was the first "King For A Night." This innovation pro- vides for a different member to take charge of the club party each Satur- day night and provide the entertain- ment. Cullen presented Jack Haley as his headline attraction for the eve- ning, supplemented by Dorothy Bushey and an orchestra. President "Chick" Evens had his Remodel Cleveland House Cleveland, Feb. 6. — The Temple, closed for several years, is being re- modelled in anticipation of reopening shortly by George Israel. It is a col- ored house. heretofore. The boys like it better. Jack Wiener announces he is open for all invitations while Friend Wife is in Toledo visiting mother. President Bill Gehring issued offi- cial summons to all members to attend this week's luncheon when Sheriff Asa Butterfield was the guest of honor, as was also Rev. Cletus Miller. Willard Gerves, male heir of Bill Gerves, was elected to membership at the current business session. This is the first case of father and son being barkers in the local club. Willis Vance and Elmer Shard were among the committeemen present at the exhibitors' meeting in Columbus when admission tax and other head- aches were discussed. Abe Lipp, guardian of the exchequer, appeared before the judge in Columbus a few days ago. But it's not as bad as it sounds. He was trying a case. club a wonderful collection of oldtime photos and programs. Old pictures covering European trips of Barnum & Bailey and the 101 Ranch are included. Bill Ortman is arranging an exhibit in clubrooms in memory of his many years' association with Chennell. Clyde Beatty, animal trainer ajnd associate member of the club, expected soon for annual winter visit. Duke Clark, Max Stearn, T. L. Irwin and J. B. Gardner were dele- gates to national convention in Pitts- burgh. They report wonderful hospi- tality and an enthusiastic meeting. Harry Schreiber, manager of the RKO-Palace and a former member of the Cincinnati club, and Clinton Wander, assistant manager of Loew's Ohio and a former member of the St. Louis Club, were inducted into mem- bership in the Columbus club the other day. first workout in the gymnasium last week. "Chick" is still walking as though he had lived on the back of a horse for a week. Alvin Wolff is still in New York. Jimmy Tappella has been missing from clubrooms lately. Jimmy is fur- nishing a newly built home for his mother and dad and all members are invited to the housewarming in the near future. Barkers at the Londos-Sonnenberg championship wrestling match : Matt Schulter, Pete Plessner, Ben Cam- mack, Cullen Espy, Al Roth, Clar- ence Turley. Clarence Turley was in Indianajp- olis, Friday, returned Saturday, left that night for Chicago, and arrived back in St. Louis this morning. Ethel Bergman Resigns Cleveland, Feb. 6. — Ethel Epstein Bergman, for 17 years connected with local Fox exchange, most of that as office manager, has resigned. 13 Trade Show Tickets Scatter in Chicago Chicago, Feb. 6. — Reason for the unprecedented popularity of recent midnight trade previews has just come to light. Invitations generously broad- cast to exhibitors and others in the trade have found their way into the hands of the butcher, baker and the apartment building janitor. With packed houses, legitimate trade rep- resentation has been in the minority. So now one company — United Art- ists— is putting individual names on its invitations and reserving the right to refuse admission if presented by any one except the person for whom it is designated. Ben j. Warner Better; Charnases Delay Trip Condition of Benjamin Warner, fa- ther of Harry, Albert and Jack, has so improved the Harry Charnases, who were slated to leave for Hollywood late last week have delayed their trip until Feb. 16. Charnas operates the Broadway theatres for Warners. His wife is a sister of the Warner brothers. The elder Warner is about 75 and is suffering from a heart attack. Defends Talent Imports Hollywood, Feb. 6. — Edward H. Griffith today leapt to the defense of producers who import talent from abroad and particularly the New York stage. He is just back from the East where he hunted for players to appear in "Alien Corn," in which Radio will star Ann Harding. He says he interviewed about 200 unknowns here and found them "ob- sessed with the notion that all the screen demands is either beauty or handsomeness." Therefore, he went to New York to get what he needed. He found it. Chicago Plans Dance Chicago, Feb. 6. — A "Days of '49" dance, sponsored by various branches of the local industry, will be held at the Aragon ballroom Feb. 14 for the benefit of Chicago patients at the Los Angeles free tuberculosis sanitarium. James Coston is chairman of arrange- ments and the affair has the support of the Chicago Exhibitors' Ass'n, Allied, Chicago Theatrical Protective Union, the operators' local and the Chicago Federation of Musicians. Schine Gets Two More Mount Vernon, O., Feb. 6. — Schine Enterprises have taken over the Vine and Memorial, both Harry Smoot houses. The Vine will be closed for two weeks for alterations. Dur- ing that period the Memorial will be operated. When alterations of the Vine are completed, the Memorial will close indefinitely. Hit Mississippi Benefits West Point, Miss., Feb. 6— Pas- tors of the various denominations are opposing Sunday film benefits, at which no admission is charged, but contributions asked. The ministers explained they favor assisting the un- fortunate, but object to opening of theatres on Sundays. St. Louis Columbus Bubbling over wdL tLe ^Ltd I eve an Ltet ! Glorious Songs ~Ljou Iteat tltem on tlie ta&io. Gorgeous Girls ~~J-lten make nou/c ^cteen alive ! Rippling Romance ~~J-lte lunank. a Para- nt Publix creditor, at a hearing ■re Referee Henry K. Davis, aramount trustees sought authori- on from the referee to acquire lis outstanding against Tennessee ?rprises, a bankrupt subsidiary. (Continued on page 4) ississippi Levies ^ax on Erpi Sound ulfport, Miss., Feb. 13. — Back assessments totaling $165,936 on id equipment in two Mississippi .t theatres were approved by the •rison County Board of Super- frs. The petition named Erpi as ers. his company owns and controls (Continued on page 7) 7 A Is Sued Over Fessenden Patents ilmington, Feb. 13. — A patent ngement suit was filed today in 3. District Court by Helen May enden of Chestnut Hill, Mass., nst RCA charging infringement of patents granted Feb. 8, 1927, to late Reginald A. Fessenden. le patents cover methods of wire- directive signaling and wireless smission and reception. She asks ■orary and permanent injunctions. Both Barrels Joseph Bernhard, general lanager of Warner Theatres, •as in a denying mood yes- erday, following return to is office after a siege of the old. He denied Warners were fter the Mayfair in Detroit nd also reports the comoany 'as negotiating for the Roxy. "Never heard of either one f them," he concluded. Lasky Holds Unit System %> Quality Hope Can End Programmers, He Declares Hollywood, Feb. 13. — Jesse L. Lasky regards unit production and novel story treatment as the best way of improving picture quality. His re- marks are intended as a reply to Sam- uel Goldwyn's recent blast against mass production and dearth of story material. Lasky says Goldwyn has brought "some truths to light" and that he agrees with him in theory in some of his objections to mass production. "But." Lasky goes on, "as a stu- dent of film and theatre economic, 1 (Continued on page 4) Seek to Cut Down Giveaways in K. C. Kaxsas Cty, Feb. 13. — Restrictions by agreement of double billing, 10- cent nights, giveaways and premiums to one a week is to be sought by the Independent Theatre Owners of sub- urban exhibitors, including Fox Mid- west, as a concession in the current (Continued on page -t) Chase-G. T. E. Case Delayed; Judge III Wilmington, Feb. 13. — Illness of Chief Justice Daniel J. Lay ton today delayed indefinitely a hearing sched- uled in Chancery Court for approval of an agreement between General The- atres Equipment Corp. and the Chase (Continued on page 7) Switches Under Way In Fox Sales Staff A number of shifts in the Fox sales personnel are under way. Following the plan in vogue in New York where Harry H. Buxbaum is branch mana- ger, Clyde Eckhardt becomes Chicago branch manager, the post of district (Continued on page 7) Recognize Ushers, Labor Board Says Recognition of Local 118, theatre ushers, doormen and janitors union, was recommended to Paramount thea- tre representatives vesterday by the (Continued on page 6) His Own Competitor When Clark Gable appears in person at the Capitol the week of Feb. 23, he will com- pete with himself on the screen at the Music Hall, which, during that week, will run Columbia's "It Happened One Day." On the screen with Gable at the Capitol will be "Mys- tery of the Dead Police." Agent-Actor Pacts May Be Held Illegal Hollywood, Feb. 13. — Possibility of a wholesale cancellation of agent-act or contracts unless these are approved by the State Labor Commission looms as a result of a proposed fact-finding inquiry by the commission. Many agents are said to be worried. The state labor laws require that all employe-agent contracts must be ap proved by the commission before be- coming valid. It is reported that not more than 10 per cent of the present agent contracts have been approved. If the commission succeeds in en- forcing its rulings, it is predicted that it will lead to a general uniformity of actor-agent agreements. May Set Back First Missouri Payments Jefferson City, Mb., Feb. 13. — Because of delay in preparing the necessary machinery for collection of. the one-half of one per cent sales tax in Missouri, it is said virtually certain the state will grant an extension for the first payments. Under the law, first payments by exhibitors and other business men are due Feb. 15 or they become delinquent. It is possible an extension will be granted to March 1. "U" Definitely Set On 36 Next Season Universal will make 36 features again next season, it was officially de- cided vesterday at a meeting of sales department and home office executives (Continued on page 7) Rembusch Suit Gets Start in U. S. Court Trial of the Frank Rembusch anti- trust suit against major companies and the M.P.P.D.A. opened vesterday (Continued on page 6) Warner Not In Favor of Percentages Prefers Continuance of Salaries for Talent Harry M. Warner, president of Warner-F. N., declared in favor of continuation of the present salary system for talent as opposed to per- centage or royalty plans, on his return here from the coast yesterday. Professing to have but little knowl- edge of the royalty plan advocated by Adolph Zukor, Paramount head, a week ago, Warner said he believed such plans offered too many compli- cations and tended to make it difficult to fix real responsibility for perform- ances of pictures at the box-office. "The present system of remunera- tion is all right," Warner said, "because the compensation for talent always finds its level eventually. Creative workers get whatever they are worth." No Harm in Radio Shows, Says Bowes Free radio audiences do not hurt theatre business, Major Edward Bowes, managing director of the Cap- itol, told the Cheese Club members yesterday. He says the broadcasts last only about one hour and don't make (Continued on page 6) B. & K. Scale Boost Sought in Chicago Chicago, Feb. 13.— An effort to get B. & K. to increase admission prices in certain neighborhood theatres to which they are now routing complete Loop stage shows of the calibre of (Continued on page 6) Film Exploitation Vital — Aylesworth Hollywood, Feb. 13.— Big exploi- tation is the answer to the question why mediocre productions develop in- (Continued on pane 7) Resting Peacefully House manager of a Broad- way theatre was queried about the gross on the last picture and ended the con- versation with a terse: "Why talk about the dead?" MOTION PICTURE DAILY Wednesday, February 14 MOTION PICTURE DAILY (Registered U. S. Patent Office) Vol. 35 February 14, 1934 No. 37 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. Clifford, manager; London Bureau: 6 Brookland Close, Hampstead Garden Suburb, Bernard Char man, Representative; Berlin Bureau: Berlin-Tem- pelnof, Kaiserin-Augustastrasse 28, Joachim K. Rutenberg, Representative; Paris Bu- reau: 19, Rue de la Cour-des-Noues, Pierre Autre, Representative; Rome Bureau: Viale Gorizia, Vittorio Malpassuti, Representative; Sydney Bureau: 102 Sussex Street, Cliff Holt, Representative; Mexico City Bureau: Apartado 269. James Lockhart, Representa- tive; Glasgow Bureau: 86 Dundrennan Road, G. Holmes, Representative; Budapest Bureau: 11 Olaaz Fasor 17, Endre Hevesi, Representative. 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. Warners Will Trade Show Six Features Warners will hold a national trade showing of six forthcoming releases on March 6. The company has 16 features finished. The showings will be held in all the Warner branches in the United States and Canada. The pictures will be : 'Wonder Bar," "As the Earth Turns," "Jour- nal of a Crime," "Harold Teen," "Jimmy, the Gent," and "Gambling Lady." S trickling Plans Trip Hollywood, Feb. 13. — Howard Strickling is planning to join Howard Dietz on the latter's return to the east shortly. Strickling's trip would be to pay the M-G-M home office a short visit. Charnow Pinch Hits Because Sidney E. Samuelson, president, was home with a cold, Julius Charnow, vice-president, acted as chairman at the meeting of Allied of New Jersey yesterday. It was a routine session. Emanuel Returns Philadelphia, Feb. 13. — Jay Eman- uel, regional trade paper publisher, and Mrs. Emanuel returned from their Hollywood visit yesterday, via the Canal and New York. Coast Group In Harry M. Warner, Will H. Hays, Jake Wilk and Watterson Rothacker arrived in New York from Hollywood yesterday. Insiders' Outlook ATTORNEY GENERAL CUMMINGS has been fac- ing Washington criticism for his "do-nothing" attitude. From down Potomac way, therefore, come stories he is about to go investigating and may start with Fox West Coast. Through the Department of Justice, of course. . . . The big Fox house in San Francisco from which FWC originally walked may revert to the latter again. The deal's been on. . . . Inside figure on last week's gross at the Capitol places the business at $14,000 with "You Can't Buy Everything" as the picture and May Robson on the stage. It's unbelievable. . . . T There are some who maintain the talk about cutting major programs for next season is mere talk. Tentative plans of impor- tant majors would indicate it was just that. Programs currently are pegged for next season where they stand now. . . . The initial excitement over "Nana" and its Chicago run is now- blamed for the released story that the review of the Sten picture made the first page of the Chicago Tribune. It did not. It was the first page of the second news section where reviews run anyway. Bad stuff, fooling the press. Bad editors, the gullible ones, including this one. . . . " T Part of the deal whereby the former Moe Mark houses went into the Warner outfit, via the Stanley Company of America, provided for demolition of the Strand and replacement by a new theatre housed in a $5^000,000 office building. This was to be a fact by 1935. It would have been if the procession of the years had skipped 1929. . . . Rewriting of bond issues by the bankers is proving a good business for the bankers. They are getting their commissions for the handling ex- actly as if the flotations were entirely new. . . . T The verbal joust between Sam Jaffe, actor, and Joe Von Stern- berg, director, on the "Scarlet Empress" set is gorgeous. The other players thought so much of it they presented Jaffe with a scroll emblazoned : "The Prince of Good Fellows.". . . Will Diet- rich pick up where Elizabeth Bergner left off on Catherine, the Great? . . . George Kaufman is off to the coast to confer on a new play. Hollywood has planned several parties for the co-author of "Once in a Lifetime." Who says there's no sense of humor on the Gold Coast? . . . Loads and loads of theatre deals being talked about. Many of them die when cash enters the discus- sions. . . . Ed Schiller is doing very well, sickroom reports have it. So much so, he's now receiving a limited number of visitors. Word from him. but not directly, is he's ready to put on the gloves to demonstrate the report about being away from active work for six months is the bunk. That's one bit of gossip we're glad to admit we were 'wrong on. . . . The existence of "Devil Tiger" on the Fox program is directly traceable to Sidney Kent who likes that type of picture. There- fore, be prepared for one a year like it. . . . T The MPTOA move against radio broadcasters is not aimed Eastman Pfd. Up 2Y2 on Big Board Net High Low Close Change Columbia Pictures, vtc 25 25 25 + 54 Consolidated Film Industries 554 454 5 Consolidated Film Industries, pfd 1654 16/ 1654 + 54 Eastman Kodak 88/ 88/ 88/ — / Eastman Kodak, pfd 128 128 128 +2/ Fox Film "A" 1654 16 1654 + 54 Loew's, Inc 33 3154 3254 +1/ Loew's, Inc., pfd , 86/ 86/ 86/ + / M-G-M. pfd 22% 22% 22% A- % Paramount, cts 4$4 4/ 454 + 54 Pa the Exchange 3/ 3 3 — 54 Pathe Exchange "A" 1854 17/ 17/ + / RKO 3% 3 3/ + 54 Universal Pictures, pfd 28 27 27 +1 Warner Bros 754 654 754 + 54 Warner Bros., pfd 20/ 20'/ 20/ —2 Technicolor Up % on Curb Net High Low Close Change Technicolor 9/ 9 9/ + J4 All Bonds Show Gain Net High Low Close Change General Theatre Equipment 6s '40 854 8 8/ + / General Theatre Equipment 6s '40, ctf 8j4 754 8/ + / Keith B. F. 6s '46 6054 60 6054 + 54 Loew's 6s '41, ww deb rights 96/ 95 95/ + 54 Paramount F. L. 6s '47 44 4254 44 +2 Paramount Publix 5/s '50 44 42/ 44 +254 Warner Bros. 6s '39, wd 5554 54 55 -fl/ Sales 200 600 3.000 600 1.000 1,200 19.600 100 100 27.300 4.800 12.000 1.700 5.000 13.800 100 Sales 400 Sales 18 10 4 21 5 22 28 at ether appearances of pkt stars, for the exhibitor or^ ization realizes it can do litti< nothing on that score. The c; paign is aimed at stations hand out passes and thus b up audiences which ordin;i might be parting with quarter the box-office. . . . The expl< tion director of one of the < panies does a good job for product, but a punk one for 1 self. After three months of ing for a typewriter, he got the other day. It was a sec hand affair. . . . Y. Have you noticed the and Metro-Goldwyn finai dopesheets for the first qua of the new fiscal year? The ent company went to a ne $1,594,608 as compared $741,910 in the identical pe last year. That's sometl Naturally, Metro-Goldwyn. subsidiary company, must contributed to this, but on own score showed an amazinj covery what with an increas $1,070,696 to a total net $1,164,507, as compared wit paltrv $93,911 for the same od in 1932. . . . Isn't Aylesw doing considerable denying o reports he and Radio are a to part ?. . . K. Jolson, Gable Wil Attend ITOA Da Talent lineups for the Indep Theatre Owners' Ass'n., ball W aldorf Astoria Feb. 21 inch Jolson and Clark Gable and sortment of Broadway talent. Music will be furnished by Hopkins and his Roseland ore and Eli Danzig and his Hot George band. Others who have to attend for short periods the night are : N. T. G. and his dise show, Rudy Vallee and his a bunch of vaudeville acts, the "I company with Fannie Brice. ] Marshall, Eugene and Willie ard and Patricia Bowman, ai high spots of the New Yor Brooklvn Paramount shows. Seidelman in Pari Paris, Feb. 13. — Joseph H. man, foreign general sales m for Columbia, is here from for a survey of the company' branch. From here he is expe go to Spain. Harry Langdon Mai Hollywood, Feb. 13. — Langdon is on a honeymoon i zona with the third Mrs. La who, until yesterday, wa: Sheldon. Ostrer to Honolull Hollywood, Feb. 13. — Isidor rer, of the Ostrer brothers, fij backers of British Gaumonl sailed on a pleasure trip to Ho Bernstein Arrive Sidney Bernstein, well know | don exhibitor, arrived in New from the other side yesterday. JANET G AYNOR LIONEL BARRYMORE in CAROLINA ROBERT YOUNG • HENRIETTA CROSMAN RICHARD CROMWELL • MONA BARRIE STEPIN FETCHIT Directed by HENRY KING. From "The House of Connelly" by Paul Green Produced by WINFIELD SHEEHAN BOX OFFICE HYPO at the SAENGER . . New Orleans ORPHEUM .... Denver BUFFALO Buffalo PARAMOUNT . . Toledo CAPITOL .... Cincinnati UPTOWN . . Kansas City WARNER. . . Youngstown HOLLYWOOD . Fort Worth HIPPODROME . Cleveland CAPITOL .... Richmond NEW Baltimore PARAMOUNT . . .Omaha FOX Philadelphia APOLLO . . . Indianapolis POLI PALACE . New Haven STRAND Louisville ECKEL Syracuse FOX Detroit CENTURY . . . Rochester CAROLINA .... Charlotte As the list grows they're calling it: The State Fair of 1934 MOTION PICTURE DAILY Lasky Holds Unit System Quality Hope {Continued from page 1) realize that there must be some form of modified quantity production to sup- ply some 20,000-odd theatres in America alone. "Most of us feel that mass produc- tion is responsible for some of the poor pictures being produced. Mass production, with its handicaps of com- pany policy, release dates, minimum budgets, set schedules of production and star assignments, gave birth to the program picture. "Its existence can be made worth- while and the quality average raised immeasurably through the fostering of unit or independent production. Also by placing the blame for mediocre product not upon the producing com- pany, but upon the shoulders of those who make it. As the movement gathers momerftum, and responsibili- ties become more clearly defined the program picture of today will vanish and in its place will come its quality offspring — a picture intelligently pro- duced that represents full value in story, cast and production for the amount expended. "Unlike Goldwyn, I believe there are many times 50 good story possi- bilities hovering around Hollywood. After all, there is nothing original in stories. All of the tremendous hits of today and the past have plots and themes centuries old. Therefore, we don't lack stories so much as we lack novelty of treatment and the mould- ing of those stories into new forms and patterns." Globe Plans Twelve Hollywood, Feb. 13. — Globe Pic- tures, Inc., newly formed by Larry Darmour, in association with H. C. Hopper, managing director of the Cinema Mercantile Corp., plans to produce 12 features, starting work around April 1. The company will conduct its own exchanges, with offices opening first in New York, Boston, Philadelphia and Washington. Four more exchange cities will be selected later. FitzPatrick on Trip James A. FitzPatrick, shorts sub- ject producer, is on the seas bound for North Africa and various Medi- terranean ports to gather material for five "Travel Talks" he has yet to deliver to M-G-M on the current sea- son's line-up. Seven already have been delivered. He is aboard the Columbus and will be gone for about two months. King's First Is Set Hollywood, Feb. 13. — As his first picture under his new contract with Fox, Henry King will direct "Marie Galante," from the novel by Jacques Deval. The picture will have an all- star cast yet to be selected. William K. Howard was scheduled to direct. Columbia-Niblo Deal Hollywood, Feb. 13. — Columbia and Fred Niblo are reported getting to- gether on a deal for the latter to direct two pictures. Wagner Bill Seen Touching K. C. Row Kansas City, Feb. 13.— Announce- ment in Washington by Senator Robert F. Wagner of New York that he has prepared a bill for Congress to make the National Labor Board a permanent government agency with unquestioned authority for the settle- ment of labor disputes is of particular importance to Kansas City. Several attempts to arbitrate differ- ences between exhibitors and union crafts have been fruitless because of the assumption that the Regional Labor Board, under jurisdiction from the National Labor Board, has no power to enforce its decisions. That view has been persistently held by Ed Dubinsky, who is involved in disputes with the operators and stage- hands in Kansas City and St. Joseph, Mo. Despite the fact he recently sub- mitted to arbitration of the St. Joseph muddle before the Regional Labor Board at St. Louis, he still maintains that body is powerless to enforce its findings and that, as a result, arbi- tration or mediation will lead nowhere. A dispatch to the Kansas City Star says Senator Wagner's bill apparently has administration approval, and con- tinues : "Under the Wagner bill the labor board would be given the power to subpoena witnesses, to hold hearings, and to act in arbitration matters. But both parties would have to agree in advance to abide by the decision. Senator Wagner believes the publi- cation of the board's decisions would be sufficient in many cases to force compliance." Plans Regional Codes For Local Industry Washington, Feb. 13.— A new policy to govern the handling of local trade and service industries, con- templating the development of re- gional codes to supplement national agreements "in order to foster fair competition and eliminate unfair com- petitive practices between local trade and service enterprises," was enun- ciated today bv Hugh S. Tohnson. The administrator explained that national codes will in general be ap- plied to those partially local trades and industries which provide neces- sary outlets for productive enterprises of a national character. But that other local trade and service enter- prises "will be encouraged to organ- ize themselves for regional self-gov- ernment and to adopt resrional codes or agreements with the President ef- fectuating the policy of the NRA, which, when aonroved by the Presi- dent, will entitle those signing and complying with the agreements to the Blue Eagle." "To avoid any possible misunder- standing," _ Tohnson stated, "it should be emphasized that we propose by the means suggested to supplement and not to depart from the renuirements of existing codes. The effect of es- tablishing national standards in trades and industries of a Partially local character has been highly beneficial to the public and private interests in- volved, and these gains must be pre- served." So far as the film industry is con- cerned, it is believed the local boards to be set up under the code will carry out the idea of Johnson's pro- gram. Seek to Cut Down Giveaways in K. C. (Continued from page 1) movement toward stabilization of ad- mission scales. Only one of these practices would be allowed during seven days, and only on one day a week, according to present plans. This limitation is de- signed for a code of fair practice among the suburbans themselves, as well as the basis of negotiations with Loew's to raise the first run Mid- land's price above 25 cents. While mediation by Joseph A. Cooper, Publix operating partner in the middle west, has been accepted by exhibitors, present indications are the matter will rest until the code boards are named. It is felt that ac- tion by the authorized bodies will carry more weight. The limitation of "price evasions" to one a week has been okayed by Cooper as a condition of his media- tion with Loew's. Cooper informed the exhibitors they would have to agree on restrictions, following which he would present the plan to E. A. Schiller, operating head of the cir- cuit. Cooper entered the picture at the suggestion of Ed Dubinsky. Expect to Complete Code Boards Friday First of a series of meetings was held yesterday in an attempt to com- plete final recommendations for per- sonnel of the various clearance and zoning and grievance boards. The committee consists of John D. Clark, Charles L. O'Reilly, George J. Schaefer, W. Ray Johnston, Nathan Yamins and Ed Kuykendall and will meet again today at the New York Athletic Club and sift suggestions for the boards. If necessary, the committee will meet again tomorrow and try to finish up the boards' personnel so that a complete list can be presented to the Code Authority at its session Friday. The only factor which may hold up official announcement of the approved boards Friday is the sanctioning of impartial members who will sit on each of the set-ups. About 200 rec- ommendations are now being checked by Division Administrator Sol A. Rosenblatt, who must approve the selections. Yesterday's count on unqualified assents received by the authority was 7,413. Employers Must Post Up NRA Labor Rules Washington, Feb. 13. — Regulations requiring employers operating under codes to post the labor provisions of their codes conspicuously in their es- tablishments were issued today by Re- covery Administrator Hugh S. John- son. Official copies of the hour and wage provisions of the code to which he is subject will be furnished to each employer. These copies will include detailed instructions for the proper fil- ing of complaints of violation of the labor provisions. Failure to comply with the posting requirement will be punishable by a fine of $500 or im- prisonment up to six months, or both. The regulations also provide for registration within 30 days by em- ployers with their code authorities of the number and locations of their es- tablishments. Wednesday, February 14, Bank Opposed Bond Purchase] By Paramount (Continued from pane 1) with funds of Paramount Picture Distributing Corp. There is a $435, 000 bond issue outstanding, and th' plan for which approval was sougl yesterday contemplates buying up a many of these as possible at a maxi, mum rate of $33 for each $100 bonq Bonds in the amount of $205,900 ar already available for purchasing o that basis, A. A. Laporte, of counsc for the trustees, stated. The principal reasons given by Ls porte for acquisition of the Tennesse Enterprises bonds was to further th reorganization plans for that bankrui and to retain for Paramount th Tivoli, at Chattanooga, which Lj porte described as the "biggest asset of the bankrupt subsidiary. The plan was approved by Refere Davis with the sanction of a majorit of the creditors present. Counsel fc the Commercial National Bank, how ever, declared that while they woulj approve the Tennessee Enterprist plan it would, in the future, oppo;{ similar plans or any policy of "e> pending cash accumulated by the di: tribution department to salvage Pan mount's great real estate empire." "Such moves should be made in tr course of the reorganization plan fc Paramount Publix, we believe," courjl sel for the bank declared. Realty Associates Case Off to Apr. Federal Judge Robert A. Inch i Brooklyn yesterday reserved decisic on the motion of George Z. Medal for a bill of particulars in the three ii dictments against 12 officers, directoi and agents of the New York Inves ors, Inc., and its affiliate, Realty A sociates Securities Corp. Judge Inc gave the defendants until Feb. 26 ' submit briefs and set April 4th as tl date for the trial. Yesterday was the fourth time tl trial has been postponed. The 12 me were indicted on Jan. 2 on chargi of using the mails to defraud, coi cealment of assets in abaukruptcy a tion and conspiracy to defraud bon< holders through the solicitation < proxies in order to effect a reorgan zation of the Realty Associates Secur ties Corp. Seeking Outsiders Hollywood, Feb. 13. — Jesse ] Lasky is considering going off the Fc lot for topline names for "Springtin for Henry" which is slated to go in production on Feb. 19. Nigel Bru< already is set for a role. Luncheons Are Resume Get-together luncheons have bee resumed by the Miniature Movi' Institute and the 16mm. Board Trade. The gatherings are held tl third Thursday of each month at tl Hotel Victoria. Schenck Nears Coast Hollywood, Feb. 13. — Nicholas I Schenck and Mrs. Schenck are due San Diego from New York on Fi day. With Ricardo Cortez, Warner Oland, Lyle Talbot, Ruth Donnelly, Directed by Michael Curtiz. A First National Picture. Viiagraph, inc., Disirib'jlors MOTION PICTURE DAILY Wednesday, February 14, 1934 No Harm in Radio Shows, Says Bowes (Continued from page 1) any difference as far as theatre at- tendance is concerned. Bowes, how- ever, predicted that the policy of in- viting free audiences will be short- lived inasmuch as unseen audiences are becoming annoyed at the dress shows put on for studio patronage and to which they are not a witness. Julius Tannen also lambasted studio invitations on the ground that the shows put on there are to satisfy the advertising men and not the outside listeners. He claimed that agencies were governed by responses from studio patronage rather than the mul- titude of listeners, which is not the way to judge a performer. Harry Hershfield said he recently stopped free watchers to his broadcasts because they did not distinguish be- tween the good gags and the bad and laughed at all of them. Henry Hull declared the spoken stage will never be superseded by any machine developed by anybody and the personal contact between the actor and audience will never make way for radio or any other device. David Warfield spoke on the stage and Judge Samuel Levy on the chil- dren's court. Columbia Sends Out Men for "One Night Lou Goldberg, exploitation head for Columbia, is sending eight exploit- eers on the road to campaign on "It Happened One Night." Les Kaufman will cover bookings on the picture in Cleveland, Dayton, Kansas City and Columbus; Harold Harris will handle dates at Wash- ington, Cincinnati and Baltimore ; Jack Thoma, St. Paul, Cedar Rapids, Sioux Falls, Minneapolis, Des Moines, Davenport and Omaha; Fred Mar- shall, Providence, Springfield, Hart- ford, Boston and Lowell, Mass. ; Mike Newman, San Francisco and Seattle ; Ralph Gervers, Detroit and Rochester ; Ed Olmstead, Hartford, Buffalo and Springfield, Mass. ; Ted Toddy, New Orleans. FWC Ruling Today Hollywood, Feb. 13. — Ruling in the Fox West Coast hearing held this morning on arbitration of trustees' fees has been put off until tomorrow by Referee S. W. McNabb. MOTION PICTURE ALMANAC I9S4-35 NOW /A/ PMPA/IA T/OA/ WHERE THE WORLD LOOKS FOR MOTION PICTURE MUCE less fact* Cantor Favors Cuts For Benefit Funds Fixing a percentage of all benefit receipts that will be turned over to various actors' charities is favored by Eddie Cantor as a condition for participation by stage talent. Cantor says all benefits should be investigated before talent agrees to take part and a representative of the Actors' Betterment Ass'n., of which he is honorary president, should have access to box-offices and books. He also says a special board should be set up to handle the problem with representatives of the Actors' Fund, Equity, Jewish Theatrical Guild, Catholic Actors' Guild, Episcopal Actors' Guild, N. V. A. Saranac Fund and musicians', stagehands' and op- erators' unions. Sound Independents Forming New Group With the objective of uniting un- licensed, independent sound equipment manufacturers for their own protec- tion and that of users of their pro- ducts against pending and probable future litigation, a number of equip- ment manufacturers are organizing a Talking Picture Equipment Manu- facturers' Division of the Entertain- ment Apparatus Mfrs. Ass'n. Leaders in the organizing movement are H. J. Maul, Leroy Sound Equip- ment Corp., Rochester ; E. Oliver, Oliver Mfg. Co., Cleveland; James E. Nestell, Weber Machine Co., New York, and J. A. Tanney, S. O. S. Corp., New York. B. & K. Scale Boost Sought in Chicago {Continued from page 1) "The Student Prince" is docketed as one of the early complaints to be pre- sented to the local grievance board. Exhibitors, particularly those near the Uptown and Southtown, are find- ing the going too tough in the face of these elaborate stage shows at the cur- rent admission prices charged. Some are threatening to return to double features unless a more equitable ad- mission scale is worked out. Recognize Ushers, Labor Board Says (Continued from page 1) NRA Regional Labor Board here, following a hearing of the local's charges of coercion of employes of the Paramount, Stapleton, S. I., who are now on strike. The Regional Board also recom- mended that the striking employes re- turn to work. Paramount officials had both recommendations under consider- ation last night. Hepburn Returns to Air A deal is reported set whereby Ka- tharine Hepburn will broadcast on the Hind's hour, heard over the NBC nationwide network, originating at sta- tion WEAF, for $5,000 per broadcast. The present contract calls for only one appearance, but it is rumored that the sponsors are planning a series star- ring Miss Hepburn, at a reduced sal- ary figure, however. Flash Reviews "Spitfire" (Radio) Hollywood, Feb. 13. — Way off the beaten path The production is a triumph of Miss Hepburn's personal- ity.... "Gambling Lady" ( W arners) Hollywood, Feb. 13. — A swell role for Barbara Stanwyck. . . .Satisfactory entertainment .... "Cat and the Fiddle" (M-G-M) Excellent entertainment Nicely staged and acted, and the music is pleasing. . . . "The Big Race" (Showmen's Pictures) An average story of the racetrack soaked with the atmosphere of the paddocks. . . . "Catherine, the Great," tonight's opener at the Astor, was reviewed Feb. 1. Radio Won't Reduce List, Says Depinet Hollywood, Feb. 13. — Merian Coop- er's resignation will not affect the number of films announced for pro- duction at Radio at the beginning of the season, it was said today by Ned Depinet, who asserted the studio will deliver 44 as planned. To date 32 have been completed or are in work. Eleven more will follow. Announce- ment of personnel and future produc- tion plans will be forthcoming within a day or two following conferences between Depinet and other officials of the company. Expectations are that next season will see a similar number of films produced. Not Out of NRA Washington, Feb. 13. — Recent an- nouncement that William P. Farns- worth had resigned as a member of the legitimate theatre code authority has resulted in rumors he also re- signed as NRA deputy administrator, leading to issuance today by the Ad- ministration of a statement that his severance from the authority was in line with the policy of relieving deputy administrators from membership in code authorities wherever possible, but that he had not resigned from the Ad- ministration. K. C. Settlement Delayed Kansas City, Mo., Feb. 13.— Be- cause of lack of definite agreement to- ward settlement of the Shanberg- Woolf Federal Court actions, the Fox Rocky Mountain and Midland The- atre reorganization plan looked for on or about Feb. IS has been further delayed. It is now expected settle- ment of the litigation and the reorgan- ization will be announced simultane- ously early in March. Switch Producers Hollywood, Feb. 13. — Walter Wanger has been replaced as producer on M-G-M's "Operator 13" by Lucien Hubbard. The reason is said to be the dissatisfaction of Marion Davies and William Randolph Hearst over changes made in the story under Wanger's supervision. Cullman Complains On Mayfair Tickets Complaint that the Mayfair is dis- tributing complimentary tickets in vio- lation of the code has been made to Division Administrator Sol A. Rosen- blatt by Howard S. Cullman, receiver for the Roxy. The letter sent to the division ad- ministrator follows : "May I bring to your attention one of the courtesy tickets which are be- ing widely circulated bv the Mayfair theatre? "This is apparently a clear viola- tion of the motion picture code relat- ing to unfair practices involving ex- hibitors, as stated specifically in Ar- ticle V, E, Part 3, Section 1, and it further seems to me that to print the NRA insignia on such a flagrant vio- lation of the President's code is a piece of inexcusable effrontery." When questioned about the com- plaint, Walter Reade, operator of the Mayfair, replied in his usual polite fashion which, after considerable edit- ing, ran something like this : "I don't know you and I don't know- Air. Cullman. As far as Cullman is concerned, he can go fly a kite. I'll run my business the way I want to and that's that." Rembusch Suit Gets Start in U. S. Court (Continued from page 1) before U. S. District Court Judge Alfred M. Coxe with the introduction of documentary evidence and brief testimony. The trial will resume to- day and is expected to continue for at least one month. Evidence introduced yesterday was historical in nature, coyering costs of distribution, maintenance and func- tions of Film Boards of Trade and the M.P.P.D.A., film contracts, rules of arbitration and of credit commit- tees prior to their being outlawed, and definition of industry terms. Rembusch, a former Indianapolis exhibitor, charges the defendants with conspiracy and seeks damages ag- gregating in excess of $2,000,000. He is represented by the law firms of Graham & Reynolds and Weed & Candler. Max D. Steuer is attorney for the defendants. Erskine Beginning Today at Biograph The Biograph studio, renovated and modernized to meet the require- ments of sound, starts its new career in up-to-date dress this morning when Chester Erskine begins work on "Frankie and Johnny" for All-Star Prod., Inc. Lined up for the cast are Helen Morgan, Lilyan Tashman, Florence Reed, Chester Morris, Cora Wither- spoon, Walter Kingsford, Jack Haz- zard, William Harrigan, Sam Wren, Barry McCollum, Victor Young and his orchestra and the Chester Hale girls. Erskine's picture is the first to be housed in the studio. Richard Wallace and Jess Smith are talking a new- company with the same plant in view for one picture, at least. Neilan Coming Hollywood, Feb. 13. — Marshall Neilan is on his way east with two screen personalities to head a Broad- way show which he plans to produce shortly. Wednesday, February 14, 1934 MOTION PICTURE DAILY Mississippi Levies Tax on Erpi Sound {Continued from page 1) similar equipment in 37 towns in this state, valued at $3,000,000. It leases the equipment to the theatres for a 10- vear period, but pays no taxes, May- rant Adams, deputy state tax collector, says. The Saenger in Biloxi and the Par- amount in Gulfport are the houses involved. Attorneys for the company claim that the property had been assessed with the theatres and they say appeals will be taken to the Circuit Court. Fox Units Enjoined By Wisconsin Court Milwaukee, Feb. 13. — A permanent injunction preventing Fox Wisconsin Co. and Wisconsin Amusement Enter- prises, Inc., from disposing of any as- sets pending disposition of the State- wide Theatres bankruptcy case has been ordered by Federal Judge F. A. Geiger. Clarence H. Benton, trustee for Statewide, sought the injunction, which supplants a restraining order of like conditions issued several weeks ago. Conditions of the injunction are such that ordinary operating expenses of Fox Wisconsin and Wisconsin Amusement Enterprises will continue to be met. A motion to dismiss a suit for want of jurisdiction brought by C. H. Ben- ton, Statewide trustee, against Fox Wisconsin and Wisconsin Amusement Enterprises is scheduled to be heard Feb. 17 in District Court. Chase-G.T.E. Case Delayed; Judge III (Continued from page 1) National Bank for settlement of con- flicting claims. The agreement provides for scaling down of a $20,000,000 claim against G. T. E. to $15,310,832 and waiving of any claims which G. T. E. may have against Chase. It is preliminary to a reorganization of G. T. E. and scaling down of its capitalization. Chase will, if the agreement is ap- proved, give the new G. T. E. setup an option on 325,000 shares of Fox Film Class A stock at $15 per share. Switches Under Way In Fox Sales Staff (.Continued from page 1) manager in that area, his for many years, having been dropped. The shift has taken Moe Levy, Chi- cago branch manager, to Minneapolis, ' where he succeeds Jack Lorentz. The latter goes to Milwaukee, until now handled by A. J. Davis, who is un- I derstood slated for a switch to anoth- * er city. Chicago, Feb. 13.— Moe Levy was tendered a dinner by local film men prior to his transfer to Minneapolis and carried awav with him a golf out- fit. Charter Foxwis Realty . Madison, Feb. 13.— Foxwis Realty Corp., a_ Delaware corporation, has filed articles in Wisconsin with an authorized capital stock of $3,000, paid in. A Real Short In "The Grasshopper and the Ants," a Silly Symphony in Technicolor, Walt Disney re-tells Aesop's immortal fable of the shiftless grass- hopper and the industrious ants. The character of the happy-go-lucky grasshopper is summed up in the title of his theme song, "The World Owes Me a Living," which is apt to rival "Who's Afraid of the Big, Bad Wolf" in popu- larity. The opening scenes are in the summertime, with the ants working hard to fill their larders with food for the winter months. But the grasshopper sings, dances and plays his fiddle all day long, with the result that when winter comes, he has no food and has to be taken in by the ants. He earns his keep by his music, but play- ing a different tune than the one he sang all summer. A real short, this one. "U" Definitely Set On 36 Next Season (Continued from page 1) with Carl Laemmle and Carl Laem- mle, Jr. The new season production conferences are slated to continue to- day with a discussion of box office performances of Universal product duriug the current season and types of pictures to be scheduled for 1934- 35. J. R. Grainger, general sales man- ager, presided at the meeting. Also attending, in addition to both Laem- mles. were R. H. Cochrane, P. D. Cochrane, Charles Payne, Andrew Sherrick, Ben Grimm, Paul Gulick, E. T. Gomersall, Frank McCarthv. W. M. Richardson, James Dermodv, F. Wittman, Sidney Singerman, Ed- die Bond. Leo Abrams and home of- fice department heads. L niversal's plans for production in France, now up for discussion, re- mained undecided yesterday. Max Friedland, European manager, will remain in America in order to make a Hollywood visit with Laemmle when he returns to the coat, probably this week-end. Important changes in production are in store for the industry, Carl Laem- mle predicted last night in a radio address over an NBC hook-up. com- memorating the 50th anniversary of his arrival in America. Laemmle, declaring himself a paci- fist, said that "All Quiet on the Western Front" had ?iven him more satisfaction than any other picture he had produced because of its in- fluence against war. He said the nicture had cost $1,400,000 to pro- duce and "The King of Tazz" had cost $1,700,000. Meet in Des Moines Des Moines, Feb. 13. — Ralph Kohn. Sam Dembow and Y. Frank Freeman, Paramount theatre executives all, are due in from New York Wednesday to confer with A. H. Blank who un- doubtedly will be selected as the fourth member of the company's national theatre advisory board. i Purely Personal > HARRY THOMAS, president of First Division and the Federa- tion of the M. P. Industry, returns Saturday from Miami, and will spend the week-end away from the office. Dr. George Geller, brother of J. Louis, has passed his p.g. exams at the Berne University in Switzerland and sails Feb. 21 on the Chaiiiplain for home. Ernest Truex, who went through all kinds of nervous comedy antics in "The Expectant Father," is now playing the same role in real life. Robert Gillham yesterday dropped all cares as Paramount's advertising and publicity head and shook New York's cold weather for Florida. Lew Pizor, president of the M. P. T. O. of Eastern Pennsylvania, was in New York yesterday from Philadel- phia. Ramon Novarro arrived in town yesterday. He starts a week at the Capitol on Friday. Janet Beecher will be interviewed over Station WOR by Radie Harris tonight. Film Exploitation Vital — A ylesworth (Continued from page 1) to outstanding attractions at the box- office, said Merlin H. Aylesworth on arrival here for conferences at Radio. Especially vital in this respect is the extensive exploitation of personalities, he said. A secondary factor in the success of a production is the choice of thea- tre, its suitability for the type of prod- uct offered, Aylesworth believes. The RKO chief is still full of wonderment over the way London ac- claimed "King Kong," released last season. The tremendous reception of that picture was a pleasant surprise to company executives, he said. Aylesworth indicated that as a re- sult of the success of "Little Women," a cycle of that type of picture may be expected. Ark. ITO Won't Affiliate Little Rock, Ark., Feb. 13. — Inde- pendent Theatre Owners of Arkansas voted against affiliation with any national organization at the closing session today of its first convention at the Marion Hotel here. Resolutions pledging support of the Code Author- ity and cooperation with other exhib- itor organizations were adopted. Tri-Ergon Hearing Mar. 6 Hearing on Tri-Ergon's appeal from a decision dismissing its suit against local distributors and exhib- itors has been adjourned to March 6 in the Supreme Court, appellate divi- sion, first judicial department. Lour Nizer is attorney for the distributor and theatre owners. Change Invincible Title Invincible has picked "Twin Hus- bands" as the release title for "Birds of a Feather," directed by Frank Straver and released through Chester- field. "Played by CLARK GABLE, CLAUDETTE COLBERT and I directed in Frank Capra's best i manner, 'It Happened One Night' is ace entertainment headed for J real box office returns." I —Daily Variety * A great cast, a grand story, a swell | picture! ELISSA LANDI and I JOSEPH SCHILDKRAUT in "Sisters Under The Skin," with j Frank Morgan. Directed by David jj Burton. j ' ■ THE NIGHT WAS MADE FOR LOVE! ff •No dear... IV f I ... when m"K Vaneitc MacDonald, love «^|°J?knS?eback to our it positively JfJ* that picture honev^^t body who was , will ^ri embody gay and I ever in »°ve fh e Jerome Kern I ^.mantlC— j if at and The S prornobon ^n-^ 1 .^^^^fl 'A I • • s. 1S89E The Leading #ewspape^| Motiolj Picture Industry MOTION PICTURE DAILY Alert, Intelligent and Faithful Service; to the Industry in All Branches rOL. 35. NO. 38 NEW YORK, THURSDAY, FEBRUARY 15, 1934 TEN CENTS VRA Seeking Code Change Suggestions toe of Subjects to Come Up at Capital Meet Washington, Feb. 14. — Suggestions r possible changes in codes are be- 5 sought by the NRA prior to the nference of code authorities to be Id here under Administrator Hugh Johnson's direction March 5-8. Additional provisions in codes and scific proposals for overlapping will ;o be discussed. Requests for sug- stions are being addressed to code thorities and to trade association Je committees. Presumably this in- ides the Hays organization and Al- i in the film industry. All sug- Btions must be in by Feb. 20. No actual changes in codes will be ide at the conference, however, as meral Johnson made it clear several (Continued on page 8) 6-Hour Week Fails 0 Excite Industry Washington, Feb. 14. — Producers 7e read the code and have lost in- sst in the Recovery Administra- a's plan for a general shortening of working week as a means of in- asing employment, as they already operating on a 36-hour week, be- ed to be the figure aimed at by ministrator Hugh S. Johnson, it understood here. 1 survey of operative codes today w ed that most industries are work- (Continued on page 8) o Action Expected 9n Roxy for a Week one of the four deals for the ty now before the first mortgage dholders will be accepted prior to shington's Birthday, it was offici- stated yesterday. All deals are tatus quo and it remains a toss-up o which of the four plans for re- mization will be accepted. istrian Theatres Halted by Uprising leatre business throughout Aus- is virtually at a halt with all es closed in Vienna and other t cities throughout the country, ign representatives here were ad- (Continued on page 9) Inclement Weather Keeps Gross Down in Key Cities This is the time of the year when theatres know bad weather is around. Their grosses keep reminding when memories slip. It's nothing in national circuit oper- ation to note a drop of hundreds of thousands a week when the thermo- meter dips to zero and under. That's been happening. For the theatre week ending Feb. 2 and 3, key city grosses — 135 houses reporting — bulked $1,338,371 as com- pared with $1,348,517 for the same number of theatres the previous week. This index is based on box-office re- (Continued on page 8) Korda Sees Biggest Film Year for Britain London, Feb. 14. — The prediction is made by Alexander Korda, pro- ducer for London Films, that "the year 1934 will be the most important in the history of film production in England," because the world lias at last discovered that the British are capable of turning out good pictures. Korda scoffs at the idea that the new prestige that has come to Eng- land as a producer of films is taking any glory away from Hollywood. (Continued on page 2) Birmingham Houses Battle a 10% Tax Birmingham, Feb. 14. — Threats of closing of half the theatres in this city are being made by opponents of a proposed 10 per cent admission tax. One theatre has advertised that it will close as soon as the tax is enacted. R. M. Kennedy, district manager for Valatenga Theatres, operating the Alabama, Ritz, Strand and Galax, and one of the owners of the Rialto, (Continued on page 2) Fox Met. Receivers To Seek Extension Extension of the receivership of Fox Metropolitan Playhouses for an- other six months will be asked today when Simon Fabian and Irving Trust Co., co-receivers, report on the last six months. The present term expires Feb. 18. Reorganization plans for the circuit are almost complete and may be sub- mitted to Judge Julian Mack in the U. S. District Court this morning. At It Again The screen horizon would look bright Producers would get sleep at night If Webster only had been more prolific. There's just one thing halts filmdom's strides — The scarcity of words besides Stupendous and colossal and terrific. — By Jack Ellis Denies Code Forces Hays O.K. on Indies Washington, Feb. 14. — Denying any provisions of the code require independent producers to submit their scripts, stills or other material through the Hays California office for precensorship, Division Adminis- trator Sol. A. Rosenblatt today de- clared no complaints of this nature have been received by him. Although reports have reached Washington that efforts have been made to initiate this practice, it is pointed out that the only provision of the code which could be used as a basis of such a demand is the indus- try's pledge to maintain right moral (Continued on page 8) ITOA Decides Upon 10-Point Program Setting up of a 10-point platform for the new fiscal year was decided upon by the I.T.O.A. at its regular meeting yesterday. The new stand followed a report of the past year by (Continued on page 9) No Decision Yet On Warner-Erpi Action No decision on further action in the Warner-Erpi litigation will be made before tomorrow at the earliest, George Quigley, Warner legal repre- sentative who has been active in con- (Continued on page 9) Many Reject Places Upon Code Boards Reason Most Often Cited Is Press of Business Rejections of posts on clearance and zoning and grievance boards have been made by a number of nominees, who, when notified by telegram by Code Authority that they were being considered, have telegraphed back withdrawals. An average of about 75 telegrams has been sent out daily by the authority in the last few days to check up on men suggested for the boards. Reasons for refusing posts are varied. Chief among them is the complaint that pressure of business will not permit acceptance. In such cases the committee on selections sometimes picks men from the recom- mendations in hand and sometimes goes outside the lists. No more sug- gestions from the field have filtered in in the last few days. As soon as the committee on selec- (Continued on page 8) Boards to Be Asked For Office Choices Reports that Code Authority was considering specific locations as quar- ters for local clearance and zoning and grievance boards are discounted in view of the fact that Executive Secretary John C. Flinn will get in touch with the various boards shortly after they are named and ask for suggestions for offices. The locations best suited for the personnel of the boards will be decided upon. Most of them are expected to be set up in film center buildings. Code Assents Reach New Total of 7,446 Returned unqualified assents to the Code Authority yesterday took a decided drop with only 33 received for the day. Over the week-end 255 came in. The new total is now at 7,446, and with two more weeks yet to go before the deadline is reached, it is anticipated the final figure will be well over 8,000. Authority Will Go Into Court Tuesday Members of the Code Authority on Tuesday notified Allied of acceptance of service to defend the suit of the (Continued on page 8) MOTION PICTURE DAILY Thursday, February 15, 1934 MOTION PICTURE DAILY (Registered U. S. Patent Office) Vol. 35 February 15, 1934 No. 38 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. Clifford, manager; London Bureau: 6 Brookland Close, Hampstead Garden Suburb, Bernard Charman, Representative; Berlin Bureau: Berlin-Tem- pelhof, Kaiserin-Augustastrasse 28, Joachim K. Rutenberg, Representative; Paris Bu- reau: 19, Rue de la Cour-des-Noues, Pierre Autre, Representative; Rome Bureau: Viale Gorizia, Vittorio Malpassuti, Representative; Sydney Bureau: 102 Sussex Street, Cliff Holt, Representative; Mexico City Bureau: Apartado 269, James Lockhart, Representa- tive; Glasgow Bureau: 86 Dundrennan Road, G. Holmes, Representative; Budapest Bureau: 11 Olaaz Fasor 17, Endre Hevesi, Representative. 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. Loews, Vogels Due Arthur Loew and Joseph Vogel are due to arrive tonight from San Francisco by airplane. Accom- panied by their wives, Loew and Vogel will land at Newark airport at 6:30 P.M., having left the coast yesterday afternoon. Loew will make a trip to Europe shortly after his return. Perretti Joins S perry J. J. Perretti, former eastern repre- sentative for the United States Air Conditioning Corp., has joined the Kooler-Aire division of the Sperry Products Co. as sales manager for theatres. Granlund Writes Original Nils T. Granlund has completed an original, "Man Hater," dealing with the inside dope on night life on Broad- way. Universal is considering the story and Joe Rivkin of the Leo Mor- rison office is handling negotiations. "Standard LSfr TICKET REGISTER CORP. Will Repair and Rebuild Any Make Ticket Register Good as New — Mechanically Perfect — Not to Exceed $10.00 Per Unit Twelve Months' Guarantee Expert Factory Mechanics SERVICE DEPARTMENT CHickering 4-6810-1 1 1600 BROADWAY NEW YORK GEORGE MEAD, General Manager Birmingham Houses Battle a 10% Tax (Continued from page 1) Trianon and Ensley, is one of the leaders in the fight. The tax has been suggested by a Citizens' Committee named to develop new sources of municipal revenue. Kennedy points out that the four Valatenga houses are part of the bankrupt Paramount-Publix circuit. He also says the Legislature passed up such a tax as impossible of collec- tion and South Carolina is now con- sidering ending its theatre tax. Theatres are willing to stand their share of a general sales tax, he says. "U" Regional Talks Set Over Week-End Week-end regional conferences with the Universal sales forces are to be held for the purpose of getting the reaction of the men to various types of pictures. They will be asked to give their experiences with differing stories and personalities this season so the ideas can be used in develop- ing the new season program. E. T. Gomersall leaves today for Chicago to hold a meeting tomorrow at the Drake with H. M- Herbel of Chicago, George Levine of Milwau- kee, .Frank Mantake of Minneapolis, Manny Gottlieb of Detroit, Floyd Brown of Indianapolis and W. J. Heineman of Los Angeles. On Saturday Gomersall will hold another session at the Hotel Muhl- bach in Kansas City with Edward S. Olsmith of Dallas, R. I. Payne of Oklahoma City, William Benjamin of Kansas City, Louis Patz of Des Moines, J. E. Garrison of Salt Lake, J. J. Spandau of Omaha and John Rue of Salt Lake City. Also on Saturday, Sig Wittman will hold a session at the Pittsburgh exchange with Dave Miller of Buf- falo, Saul Reznick of Cleveland, Paul Krieger of Cincinnati and A. Barnett of Pittsburgh. On Sunday Wittman will go to Washington to talk with Edward Heiber and he will have a conference with M. S. Landow in Philadelphia on Monday. Holding of these meetings is one of the results of the home office confer- ences which have been in progress for several days. Korda Sees Biggest Film Year for Britain (Continued from page 1) " What has been proved, however,' ne adds, "is that -Hollywood no long- er has the complete monopoly of film production." Un tne showing made in 1933, the British industry, according to Korda, will be extended "greater release facilities" for its product of 1934. He asserts the aim of the English producers hereafter will be to con- centrate on quality rather than quan- tity, adding that "quality is some- thing which will ensure respect and attention from any country in the world, and it is an ideal, the attain- ment of which is an easier task in this country than in America." Korda said London Films would follow "Catherine the Great," which opened in New York tonight, with "Kongo Raid" and "Exit Don Juan." Then will come six others, costing not less than $300,0(JO each. Celebrities Attend "Catherine" Opening Film, theatrical and social lumi- naries were among the Broadway first night audience which converged on the arc-lighted Astor last night for the American premiere of "Catherine, the Great," the London Film produc- tion distributed here by United Ar- tists. Among those spotted at the lobby microphone giving radio salutations for the inaugural broadcast of WNEW, and in the audience, were Clark Gable, Edmund Lowe, Lilyan Tashman, Lord and Lady Joseph Du- veen, Mr. and Mrs. Marshall Field, Walter P. Chrysler, Chester Morris and Gerald Campbell, British consul general. Novel exploitation stunts, in the lobby and out front, capped more than a week of generous advance advertis- ing of the opening and added color to the event. Motion Picture Daily, reviewing the picture on Feb. 1, said in part: "Emphatically registering again the strides forward which British produc- tion is taking comes 'Catherine, the Great' as an interesting and worthy successor to 'The Private Life of Henry VIII,' along different lines." Trading Light on Big Board High Low Close Consolidated Film Industries 5 4J4 4 Consolidated Film Industries, pfd 17 16J4 17 Eastman Kodak 88% 88 88 Fox Film "A" 15§4 16'A Loew's, Inc 33H 31H 325^ M-G-M, pfd 247A 23 24% Paramount Publix VA 4J4 4J4 Pathe Exchange 3$i 2% 3 Pa the Exchange "A" 17^ 17j$ V/s RKO 3VS 3 3Vs Universal Pictures, pfd 28 27 28 Warner Bros TA f>7A 7 Universal Up V2 on Curb High Low Close Technicolor 9% 8]/2 9 Trans Lux 2 2 2 Universal Pictures 5 S 5 Pathe Bonds Up 3 High. Low Close General Theatre Equipment 6s '40 8V2 8 8yi General Theatre Equipment 6s '40, ctf 8$i 7 8J6 Keith B. F. 6s '46 61 60 60 Loew's 6s '41, ww deb rights 95% 95 95J4 Paramount Broadway 5^4s '51 37J4 37 37 Paramount F. L. 6s '47 45 43 45 Paramount Publix 5^s '50 4554 44% 45& Pathe 7s '37," ww 92% 92 93 Warner Bros. 6s '39, wd 54% 55 Net Change Sales 900 + % 2,600 — IA 600 + y» 1,100 14,000 +2 600 + % 9,000 6,300 + H 2,700 900 +1 4,000 — Yi 7,300 Net Change - Vs + % Net Change -% + Vk - Vi + y* - % +2 +154 +3 Sales 21 10 1 Sales 41 14 2 5 20 50 17 6 38 4 Purely Personal MAchard arrives on the Pans • and in a few days will leave for Culver City to do the French dia- logue on "The Merry Widow" im which Jeanette MacDonald and Maurice Chevalier will appear. Edward Bernard Haver, an usher at the Roxy, and Josephine Burdek,, sales girl at Arnold, Constable & Co., were married yesterday morning. Then they both went back to work. George J. Schaefer leaves for Miami today for a short vacation. Neil Agnew will alternate for him at the code meetings. Peter Colli, Warner manager in Cuba, is in town for conferences with' Karl MacDonald, division manager for Latin America. Mr. and Mrs. Ricardo Cortez and Ruth Donnelly have cut short thein New York vacations and are on their, way to the coast. James Whale, Universal director, arrives tonight on the Europa. He' will be in town a few days before go-, ing to the coast. Leo G. Carroll, who has been ap- pearing in "The Green Bay Tree," is« on his way to the coast to appear in. "Sadie McKee." Peggy Wood arrives today on the Europa and will leave shortly to begin work with Will Rogers in his next effort. Janet Beecher leaves tomorrowl for the coast to start work in "Head! of the Family" for 20th Century. Moe Streimer, U.A. local branch manager, has been confined to bed the last few days with a bad cold. Nelson Eddy, under long term con- tract to M-G-M, will give a concert Sunday at the Town Hall. Howard S. Cullman will discuss the sales tax over station WINS to- morrow at 12 :45 o'clock. Bob Gillham will spend only couple of days at Miami and ther] hop over to Nassau. John C. Flinn expects to make a J trip to the coast shortly on CodeJ Authority matters. Milt Kusell flew to Buffalo yes- terday on the Paramount Victory Drive. MOTION PICTURE ALMANAC I9S4-55 NOW /N PA£M/iA HON WHERE THE WORLD LOOKS FOR MOTION PICTURE KOTI0I icrui PKKE »5- S3 HIS M-G-M D is telling 7,000,000 Lotion pk> ire fans iout it! 0x\ behalf of LONDON FILM PRODUCTIONS, Ltd and my associate, MR. TOEPLITZ, (fj wish lo ihanf ihe fj~\ naencan press and public for iheir splendid recepiion of our s u c cess or to THE PRIVATE LIFE OF HENRY THE EIGHTH" an J all ilie fine I lungs iliey are s ai; ing abou e p erfornaances of DOUGLAS FAIRBANKS, JR. an J ELIZABETH BERGNER an J ill e consumma te Jireciion of PAUL C Z I N N E R . . Oleander Kordcu —another CLASS COMEDY ROMANCE FAY WRAY PAUL LUKAS PATSY KELLY- PAUL PAGE — C ARMEL MYERS - REGINALD OWEN - JOHN SHEEHAN - ROBERT McWADE - RICHARD TUCKER. Story by Walter Fleisch. Directed by Karl Freund. Presented by Carl Laemmle. • A Stanley Bergerman Production. flVERSAL SHE was only a movie extra girl — oh, so beautiful . . . and oh, so broke! She was working on the Monte Cristo set . . . They fitted her out with furs, clothes, swell car, bags and baggage . . . She stepped on the gas and drove right off the set — into the grandest and funniest adventures you ever heard of. Without a penny to her name she had become "The Countess of Monte Cristo" in real life! . . . What happened thereafter is going to keep your crowds highly entertained for an hour or more! Book it! MOTION PICTURE DAILY Thursday, February 15, 19 1 Many Reject Places Upon Code Boards (Continued from page 1) tions agrees on certain boards, notice is sent to Division Administrator Sol A. Rosenblatt so that quick action on checking impartial members can be made. It is expected that the com- mittee will complete all board setups by tonight for presentation to the authority tomorrow. Personnel of the first group of boards, including impartial members, may be announced following the ses- sion tomorrow. However, that de- pends on Rosenblatt, since no boards will be announced without the outside men being included. Also expected to be announced after tomorrow's session is the ruling of the NRA supporting Rosenblatt's 10 per cent cancellation order. The meeting is scheduled to be held at the authority's headquarters in the RKO Building. 36-Hour Week Fails To Excite Industry (Continued from page 1) ing on a 40-hour basis, the film in- dustry being one of the few excep- tions. While General Johnson has sent out "feelers" as to the possibility of a 32-hour week, it is generally be- lieved that he will not press for less than 36 hours, in which event the film industry will not be required to make any changes in its present labor program. Authority Will Go Into Court Tuesday (Continued from page 1) Congress theatre, Newark. The offi- cial notification was submitted to Judge Knox. Injunction proceedings come up next Tuesday before Judge Bondy in the U. S. District Court. No agreement has been reached on unification of defense. Division Ad- ministrator Sol A. Rosenblatt will be defended by the NRA legal depart- ment, but whether Code Authority members will be represented by one attorney instead of individual counsel has not yet been determined. Denies Code Forces Hays O.K. on Indies (Continued from page 1) standards in production and to ad- here to the regulations promulgated by and within the industry to assure the attainment of such purpose. This provision, however, is not interpreted as authorizing the establishment of any central censoring agency. Lowell Complaints Up Lowell, Feb. 14. — Complaints against two theatres for refusal to pay wages required under the code have been referred to the State Com- pliance Board for review. The two theatre managers in question were summoned to appear before the local Compliance Board, and when they failed to appear, the cases were sent to the State Compliance Board for action. Inclement Weather Keeps Gross Down in Key Cities (Continued from page 1) ports gathered by Motion Picture Daily in 22 cities. In that two-week range, the cities that showed a decline currently over the previous week are Boston, Denver, Des Moines, Detroit, Kansas City, minneapolis; New York, where the drop was over $37,000; Oklahoma City and Providence. Cities reporting an increase are Buffalo, Chicago, Cleveland, Indian- apolis, Omaha, Philadelphia, San Francisco, St. Paul and Seattle. How the two weeks compare: Week Ending Feb. 2-3 Week Ending Jan. 26-27 No. Theatres Gross Boston 6 $102,500 Buffalo 5 48,000 Chicago 7 126,000 Cleveland 6 57,100 Denver 5 38,100 Des Moines 5 28,500 Detroit 6 61,400 Indianapolis 5 27,500 Kansas City 4 33,600 Los Angeles 11 95,819 Minneapolis 5 23,000 Montreal 4 39,000 New York 12 270,652 Oklahoma City 4 12,250 Omaha 4 28,000 Philadelphia 9 103,600 Pittsburgh 6 50,900 Portland 6 25,300 Providence 6 39,100 San Francisco 7 72,000 St. Paul 5 17,700 Seattle 7 38,250 135 $1,338,371 No. Theatres 6 5 7 6 5 5 6 5 4 10 5 5 12 4 4 9 7 5 6 7 5 7 135 Gross $112,500 43,700 125,500 44,450 39,500 29,500 66,300 26..000 37,700 85,615 24,000 43,000 308,452 17,600 26,500 87,400 40,900 23,000 48,400 64,500 16,000 38,000 $1,348,517 Comparative grosses for the last nineteen weeks, compiled from day-by-day box-office reports, show this : Week Ending September 29-30, 1933 October 6-7 October 13-14 October 20-21 October 27-28 November 3-4 November 10-11 November 17-18 November 24-25 December 1-2 December 8-9 December 15-16 December 22-23 December 29-30 January 5-6, 1934 January 12-13 January 19-20 January 26-27 February 2-3 (Copyright, 1934, Quigley Publications) Theatres Grosses 135 $1,342,710 141 1,417,886 143 1,544,838 141 1,581,308 143 1,509,422 142 1,500,740 141 1,379,560 144 1,375,132 141 1,431,209 141 1,418,753 142 1,558,832 139 1,221,032 133 1,071,457 138 1,433,289 136 1,714,824 138 1,435,649 136 1,305,267 135 1,348,517 135 1,338,371 Jerome Held Technicolor William Travers Jerome, New York's famous district attorney of 30 years ago, who died Tuesday of pneu- monia in his 75th year, was at one time the controlling head of Techni- color. It was in 1920 that he ac- quired control of the Technicolor pro- cess and gave it his backing. He de- veloped the company from nothing to a $22,000,000 business when he with- drew from it eight years later. In New Offices Code Authority yesterday moved into its permanent offices on the 23rd floor of the RKO Building. The meet- ing of the authority will be held there tomorrow and will mark the first get- together at the board's headquarters. New Advertising Idea Hollywood, Feb. 14. — A new wrin- kle in advertising pictures will be re- vealed here for the first time tonight when Paramount will project scenes from forthcoming films on a bill- board device, 70 feet wide by 60 high, on the corner of Wilshire Boulevard and Serrano St. The device will be operated continuously. "Henry" Argentine Hit United Artists has received word that "The Private Life of Henry VIII" broke all records at the Mar del Plata in the town of that name, a seaside resort outside of Buenos Aires. Scales were raised from 70 cents to $1. NRA Seeking Code Change Suggestion (Continued from page 1) days ago that public hearings wou have to precede actual changes. Subjects to be discussed have be divided into five general groups as ft lows : Group 1 — Possibilities of increasii employment ; wages and hours ; cor parative situation of capital goods ai consumer goods industries. Group 2 — Trade Practices : Cos j and prices ; protection against destru tive competition, and against exces ive prices and monopolistic tendei cies. Group 3 — Trade Practices : Contr of production ; limitation of machii hours ; restriction of expansion of f; J cilities ; ethical practices regulatir competitive relationship. Group 4 — Code Authority organiz; tion; code administration, includir compliance and enforcement ; inequal ties, inconsistencies and overlapping i codes ; inter-industry and inter-coc coordination ; the financing of code ar ministration; use and control of tt] code eagle. Group 5 — Operation of codes i small enterprises; position of minor ties. President Roosevelt will address tr. first public meeting in Constitutio Hall on the morning of March 5. Ar other public meeting is set for th following day with group and ger eral conferences to be held on Marc 7 and 8. Allied Withdrawals Fail to Arrive Her Although two members of Alliei Theatre Owners of the Northwes went on record at a meeting Jan. 31 to send in letters to Code Authorit; withdrawing their unqualified assents no copy of such letters has reache< the authority headquarters and m word has been given by Division Ad ministrator Sol A. Rosenblatt o: receipt of the missives. St. Louis Theatres Dickering on Dualt St. Louis, Feb. 14. — First run ex hibitors in the downtown area an prepared to drop twin bills providec subsequent run houses fall in line Meetings are being held regularly bj independent theatre owners in ar effort to secure a concerted move tc eliminate doubles. Columbia After Baer Hollywood, Feb. 14. — Columbia and Max Baer are talking over one-picture contract. Harry Cohn awaiting word from his brother in New York before okaying the pact. Baer is not going into Mae West's next picture because of a dispute over billing. mDia er a tin if Jack Seat Showroom Opened International Seat Corp. has opened a showroom in the Paramount Build- ing with J. George Feinberg, vice- president, in charge. ursday, February 15, 1934 MOTION PICTURE DAILY }uigley Award ro Grimes of ^est Virginia Kenneth A. Grimes, manager, War- :r Theatre, Morgantown, W. Va., is inounced today as the winner of the inuary Quigley Award for his ex- oitation campaign on "Dinner at ight," having been selected by the idges as possessing the highest merit all those submitted during the onth to the Managers' Round Table lub of Motion Picture Herald. Awarded first mention are the fol- ding: Gene Curtis, manager, and en Finlay, exploiteer, Palace The- re, Montreal, for campaign on Little Women ;" H. W. Evens, man- jer, Loew's State, St. Louts, for impaign on "Roman Scandals and L F. Morrison, manager, Rialto, rockton, Mass., for his second run impaign on "Footlight Parade." Get Honorable Mention Honorable mention certificates have ;en designated to these runners-up: Wallv Allen, city manager, Keeney, El- ira, N. Y.; John Armstrong-, publicity rector. Carlton, London, England; Irv- g Blumberg, manager. Stanton, Philadel- -lia; Charles Brennan, manager, Poli, artford; Gilbert C. Brown, city manager, aramount, Kankakee, 111.: Mike Culle-n. anager, Loew's Penn. Pittsburgh: Charles 'utkin, manager, Parkside, Camden. N. J.; amuel Feinstein, manager, Franklin Park, -orchester, Mass.; Joseph Feidman. man- ger, Earle, Philadelphia; Bob C. Gary, anager, Paramount, Des Moines: Walter olden, advertising manager. Riverside, acksonville; Louis Lamm, manager, Cap- ol, Elyria, O. : F. A. Regan, manager, untington Park, Huntington Park. Cal.; -mny Shepherd, manager, Mayfair. Miami, la.; Arthur Swanke. manager, Saenger. 'ope, Ark.; Anna Bell Ward, general man- ner. Phoenix Amusement. Lexington. R"y.; ichard Watson, manager, Gladmer, Lans- i g. Mich.; Al Zimbalist, advertising man- crer, St. Louis Amustment, St. Louis. The January judges were George J. chaefer, vice-president. Paramount I ictures ; S. Charles Einfeld, Warner Ivertising director ; and Arthur L. fayer, managing director, Rialto, ew York. Purpose of Awards The Quigley Awards are sponsored / Motion Picture Herald to stmiu te and encourage theatre exploita- Dn during 1934, and for this pur- )se Martin Quigley is offering as •izes a series of silver plaques, one i be awarded each month for the best :J impaign submitted within that time, "anagers everywhere have been in- ' ted to send in campaigns on any •oduct, domestic or foreign. In ad- tion, the Quigley Grand Award has !t>en created to be given for the best .mpaign put over during the entire ar. Three judges from distribution, ad :rtising and exhibition will select Ich month's winner. Besides those | 'entioned above, the following have hi cepted appointment to serve on the I onthly committees during the year: f.Mort Blumenstock, advertising; Clayton | Bond, exhibition; H. D. Buckley, exhibi- I >n; John Clark, distribution; Howard [ :itz, advertising; Ned E. Depinet, dis- I bution; Oscar A. Doob, advertising; E. Fay, exhibition; S. Charles Einfeld, ad- I' rtising; Bert Ennis, advertising; Felix F I ist, distribution; W. R. Ferguson, ex- I itation; John C. Flinn, exploitation; Ed- I rd Finney, advertising; Robert M. Gill l.-.m, advertising; James R. Grainger, dis I bution; Ben H. Grimm, advertising, Paul I lick, publicity; Hal Home, advertising: Ray Johnston, distribution; Irving I sser, exhibition, Jules Levy, distribution, Lichtman, distribution; Chas. E. Mc- Grauman Takes Reel For the first time in three years, according to Edward Bonns, Universal short sub- jects sales manager, Grau- man's Chinese in Hollywood has booked a newsreel. An agreement signed by A. J. O'Keefe, Los Angeles ex- change manager, calls for two issues of the "U" reel weekly for a year. Carthy, advertising; S. Barret McCormick, advertising; Dan Michalove., exhibition; Geo. J. Schaefer, distribution; Robert F. Sisk, advertising; A. W. Smith, Jr., dis- tribution; Herschel Stuart, exhibition; Gor- don S. White, advertising; G. S. Yorke, ad- vertising; Leo Brecher, exhibition; George Brown, advertising; P. D. Cochrane, dis- tribution; Lou Goldberg, exploitation; Ed- ward Golden, distribution; Arthur L. May- er, exhibition; Si Seadler, advertising, and Spyros Skouras, exhibition. According to A-Mike Vogel, Man- agers' Round Table Club chairman and award director, many managers have entered the competition with hun- dreds of campaigns received for the January prize from 25 states, Canada, England and South America. Expect Big Turnout At Party in Capital Washington, Feb. 14. — Reserva- tions are pouring in for the Managers' Round Table party to be held Satur- day night at Club Michel, 14th and Thomas Circle, N. W. Walter Morris of the Metropolitan is in charge of arrangements. Others helping out are Frank Boucher of Hagerstown, Elmer H. Brient of Richmond, Benjamin T. Pitts of Fredericksburg, J. Louis Rome of Baltimore and Carl B. Sherred of Cumberland. Among the guests expected will be J. J. Payette, Washington theatre zone head : Stephen A. Earlv and Marvin H. Mclntyre. White House secretaries, and A. Julian Brvlawski, Washington M.P.T.O. president. ITOA Decides Upon 10-Point Program (Continued from page 1) Harry Brandt, president, and includes the following: 1. To continue to fight for elimi- nation of percentages. 2. To battle for new clearance and zoning schedules. 3. To clear up the local labor situation created by the code. 4. Cooperative buying of sup- plies and equipment for mem- bers. 5. Collective public liability in- surance. 6. To fight for corrective legis- lation. 7. To fight to eliminate the seat tax by the American Society of Authors, Composers and Publishers. 8. To abolish score charges from film rentals. 9. To abolish the national dis- trict telegraph box compul- sory in all theatres seating over 600. 10. Drive to enlist every inde- pendent into the organization. The unit now claims 70 per cent. The unit went on record as definite- ly opposed to the Hays office fight on censorship and also decided not to send in code assents until the local labor situation is cleared up by Divi- sion Administrator Sol A. Rosenblatt. A tentative meeting between Brandt and Rosenblatt is scheduled for to- morrow. Efforts are being made on the part of Senators Quinn and Walters to have theatres excluded from the two per cent sales tax. Final preparations are being com- pleted for a ball at the Waldorf As- toria Washington's Birthday Eve. Austrian Theatres Halted by Uprising (Continued from page 1) vised yesterday by European repre- sentatives. Not more than a score of theatres of any consequence are believed t.T be in operation and those that are hove been reported to be giving daytime performances only. Some damage to Vienna theatres as a result of ihe violence of the Socialist rebellion in that city was reported here, but thea- tre properties in other sections of the country are believed to have escaped damage. Patent Suit Dismissed Wilmington, Del., Feb. 14. — Judge John P. Nields in U. S. District Court here today dismissed the patent in- fringement suits brought by John M. Miller against NBC and RCA Com- munications. The suits involved pat- ents for the Piezo electric oscilla- tion generator granted Miller April 22, 1930. New Sound for Century Eight houses of the Century Cir- cuit in Brooklyn and Long Island have contracted for Erpi's wide range re- producers. The houses are: Kings- way, Albemarle, Merrick, Queens, Patio, Marine, Avalon and Grove. File 2 Trust Suits Against Electrics Two anti-trust actions seeking ag- gregate triple damages of $3,045,000 were filed against Western Electric, Erpi and A. T. & T. in U. S. District Court here yesterday by the Theatre Electrical Service and the Ninth Ave. Amusement Co. The suits are identical and both complainants are represented by the same attorneys. They allege an at- tempt to establish a monopoly and to restrain trade by patent pooling ar- rangements and agreements with large producers and exhibitors. The Theatre Electrical Service suit asks triple damages of $3,000,000 and the Ninth Ave. Amusement suit asks triple damages of $45,000. Western Electric and Erpi spokes- men could not be reached yesterday for comment on the suits. No Decision Yet on Warner -Erpi Action (Continued from pane 1) nection with this particular litigation said vesterday in commenting on Wil- mington reports that Warners would renew action in the courts rather than resubmit their claims to arbitration "Any report on our future action is Dure guesswork at this time," he said "No decision has been reached." Caravan to Rochester Syracuse, Feb. 14— The "Moulin Rouge" caravan left for Rochester today after a hectic reception by the mayor here, a personal appearance at Loew's State, and a dance at the Onondaga Hotel which was attended by city officials and prominent citizens. Similar activities are scheduled for Rochester with an appearance at Loew's there. Grainaer to West Indies James R. Grainger, general sales manager of Universal, underwent a minor operation on his nose vester- day morning and at noon sailed for the West Indies and warm climate to avoid contracting a cold. He will be gone about two weeks. Special Variety Car Cleveland. Feb. 14. — Arrange- ments are being made for a special car to take the Cleveland delegation to Detroit to attend the Variety Club banquet on Feb. 24. Two-Day Radio Meet Here Is Concluded Radio's two-day sales conference at the Park Central was brought to an end last night. New season product and other sales topics were discussed by home office executives. Jules Levy presided. Among the speakers were : Frank Buck, Courtland Smith, president of Pathe News ; Sam Jacobson, produc- tion manager for Van Beuren ; Joseph Nolan of the legal department ; Al Mertz, short subjects sales manager; Robert F. Sisk, director of advertis- ing and publicity; S. Barrett McCor- mick, advertising manager ; J. P. Skelly, manager of exchange opera- tions ; E. L. McEvoy, eastern and Canadian sales manager; Cresson Smith, western and southern sales manager ; F. L. McNamee, Phila- delphia branch manager ; Frank Ken- nedy, manager of sales control, and Lou Gaudreau, purchasing agent. Among those attending were : Mike Poller, assistant to Jules Levy ; W. E. Branson, mid-western district man- ager; J. H. Mclntyre, southern dis- trict manager; and the following eastern branch managers : C. R. Hal- ligan, Albany; R. C. Cropper, Bos- ton; H. T. Dixon, Buffalo; S. C. Jacques, Cincinnati ; H. Greenblatt, Cleveland; N. Levy, Detroit; R. E. Churchill, Indianapolis ; B. Pitkin, New Haven; R. S. Wolff, New York; G. M. Lefko, Pittsburgh, and R. C. Folliard, Washington. Among the home office contingent were: A. A. Schubart, manager of the contract department; Leon J. Bamberger, exploitation department ; Harry Gittleson, editor of Fldsh: Eddie Home, head of the print and negative department, and Rutgers Neilson, publicity department. Decision was made last night to hold two additional meetings. One will be in Chicago on Monday and Tuesday with Cresson Smith, west- ern sales manager, and Walter Branson, district manager, presiding. This will be followed by a Wednes- dav-Thursday session in Memphis with Smith again on hand, plus J. H. Maclntvre, southern district manager. June Knight Held Over Miami, Feb. 14. — June Knight has been held over for three more weeks at the Beach and Tennis Club, thus delaying her trip to Universal City. I 10 MOTION PICTURE DAILY Thursday, February 15, 193 Looking 9Em Over As the Earth Turns ( Warners) The talker version of Gladys Hasty Carroll's popular novel is almost entirely a picture with a mood, the spirit of which Director Alfred E. Green has captured well. If "As the Earth Turns" were to be judged on the basis of story weight, there would be little to say about it. What there is of narra- tive never catches up with the effect of the rigors, hot and cold, of the Maine seasons and what they do to the principal players, among whom Jean Muir stands as a tower of strength and womanly understanding. You get a group of families. Among them is Clara Blandwick, wife, and Dorothy Appleby, adopted daughter, of David Landau, valley farmer. They are from nearby the city and in revolt against farm life. Also there are Arthur Hohl, lazy farmer, and Dorothy Peterson, his wife and mother of a flock of his children. Hardship has turned her against the soil. To the valley comes the Janowskis, tailors all, except Donald Woods, the son, who feels he belongs close to Mother Earth and, despite handicaps, eventually stays to marry Miss Muir, Landau's daughter, mother and wife rolled into one sacrificial individual. You get their troubles, most of them concerned with dragging an indifferent livelihood from the ground and a constant battle with the elements which seem pitted against them. There is emotional conflict created largely by Miss Appleby, the awakening of love between Miss Muir and Woods and their final mating. In point of performance and, while the cast is effective with the exception of Miss Appleby, it is Miss Muir who does the best work. Her work is telling and convincing in a quiet, restrained sort of fashion that lends power to her characterization. Next, we would place Sarah Padden and Egon Brecher as the Polish immigrants. "As the Earth Turns" is devoid of villainy, sensationalism and the lurid. It is a quiet, but forceful picture of farm life in Maine and, of its type, ranks high. K A N N "The Cat and the Fiddle" (M-G-M) Excellent entertainment, a trifle long in its present form, that can be sold as a musical or a light drama, as neither element overshadows the other. This picture may be the tip-off on the musical production of the near future. It is different from other musicals up to now, if only from the standpoint of strong story values and a continuity uninterrupted by the music. It can safely be sold as "something new in musicals" and should satisfy exhibitors and critics who have com- plained of the breaking off of action by the introduction of music that has no place in the story. This picture meets the problem nicely. Ramon Novarro, an impoverished student composer, is a rival of Frank Morgan's for the favors of Jeanette MacDonald. Morgan, a musical producer, popularizes a song composed by Miss MacDonald, which brings her considerable wealth at the same time that she decides she loves Novarro. The latter, convinced by Morgan that he is hamper- ing Miss MacDonald's career with his attentions, leaves Paris for Brussels where he completes an operetta to be produced by an infatu- ated woman who will also star in it. Her wealthy husband discovers her yen for Novarro on the eve of the opening performance and causes her to leave the cast and withdraw her financial support. Miss MacDonald appears to fill the breach at the final moment and bring success to the operetta and a happy conclusion for the love affair. A final stage sequence is done in Technicolor. The picture is nicely staged and acted, and the music is pleasing. In the cast, in addition to those named, are Charles Butterworth, Jean Hersholt and Henry Armetta. William K. Howard directed. Mandalay (First National) "Mandalay" provides fair entertainment. One of its greatest handi- caps is a story that has seen service time and again. It is the one of the woman of the bawdy house who, set on turning over a new leaf, takes up with a chap who is another bit of driftwood on the current of life, falls passionately in love with him (pure love, mind you) and decides to throw in her lot with his in quest of whatever lies beyond the hori- zon. In this case the man is a doctor with a weakness for liquor who is trying to expiate his past by bringing succor to the fever-stricken yellow race and the locale is — well, you can guess from the title. It must be said for the production that it has been photographed beau- tifully and enriched with the atmosphere of the Orient. Then, too, the acting is first-rate. Kay Francis and Lyle Talbot, as the two heaclei toward a new tomorrow, are well cast, while Ricardo Cortez, as a W < of the old days, does fine work. Other players are Warner 01a:i<' Lucien Littlefield, Ruth Donnelly and Reginald Owen. The direction i| by Michael Curtiz. "La Frochard et Les Deux Orphelines" (Blue Ribbon Photoplays) "La Frochard et Les Deux Orphelines," a talker version of "Th Two Orphans," made in French by Pathe-Cinema, should be set do as a production of considerable power and intelligence. It brings t the screen again the D'Ennery and Cormon classic familiar already t American cinemagoers, to whom it introduces Yvette Guilbert, note French actress and diseuse of the Comedie Franchise, as a performer c vital force and wide grasp of character, in the part of the cruel begga woman who forces the blind orphan to beg in the streets for her. This is a film that carries an emotional kick and impresses with il fine photography, which does much to sustain the mood of the ston Atmospherically the production leaves little to be desired and it possessed much acting of a high order. The use of English titles and the sin plicity with which the tale has been developed should make it easy fc American audiences to understand. However, it should be shortened bit. f I Among the players are many from the roster of the Comedie Frar chaise. Maurice Tourneur's direction is commendable. "Carolina," this morning's opener at the Music Hall, was reviewed by wi\ from HoUyivood on Jan. 26. MOTION PICTURE DAILY3 HOLLYWOOD PREVIEW "Spitfire?' ( Radio ) Hollywood, Feb. 14. — Katharine Hepburn, as a sort of miracle gii of the backwoods country, is presented as Trigger in "Spitfire," a vivic moody maid who manifests simple faith and the potent power of prayei This Trigger is a provocative wench, as Miss Hepburn plays her- vital, human, a strange mixture of storm, sunshine and exuberance. In fashioning the portrait, Miss Hepburn runs the rainbow's rang of emotions from primary feelings to subtle tints, tones and hues. Sh creates an indelible image, spun whole-souled from the fine filament of her spirit. Being essentially a character study, the story revolves around Triggei who lives alone, takes in washing, spurns intruders, reads Biblics quotations, offers prayer and advice to a girl "who wants a feller, falls in love with a married man and runs amuck of the mountain mo when she kidnaps a sick baby and, by faith and love, cures it. The picture is way off the beaten path and will cause talk pro an con, but Miss Hepburn's performance will stir deeply and intrigue b; its superb quality and sincerity. Ralph Bellamy, as an engineer inter ested in Trigger, turns in a performance second to Miss Hepburn'; Robert Young, Martha Sleeper, Louis Mason, Sara Haden and other in the cast are good. Tohn Cromwell directed well. Distinctive shots are Miss Hepburn talking to a toad, and the stai unable to sleep in a soft bed, spending the night on the hard floor. The production is a triumph of Miss Hepburn's personality, whicl L. 35. NO. 39 NEW YORK, FRIDAY, FEBRUARY 16, 1934 TEN CENTS lode Boards Confined to Total of 62 rsey, Jacksonville and Louisville Dropped >trict adherence to code provisions 1 keep the number of clearance and ling and grievance boards to 62, 31 zones, thereby eliminating the sibility of any part of New Jersey, any other distribution center which not a sales office of its own having rds to handle local problems. Northern New Jersey, Louisville . Jacksonville have been under con- iration by Code Authority as prob- ■ points for additional boards, but plan has been dropped in view of fact that complaints originating m these sources can be handled hout difficulty by boards to be .blished at key centers from which v are sold. New Jersey exhibitors divide their complaints between New York and Philadelphia. (Continued on page 4) gents to Discuss Code's Provisions irectors of the National Ass'n. of i atrical Artists' Representatives ents) will hold a general meeting [he Astor tomorrow at 2 P.M., at :h time details of code provisions e heard by Code Authority today be outlined. irectors to attend are: Arthur ns, president ; Alex Gerber, vice- ident; M. S. Bentham, Leland ward, George Grossmitfa, Charles :s, Irving Cooper, Richard Pitt- (Continued on page 4) 1 >senblatt Asks End If May fair Tickets I vision Administrator Soi A. Ros- P,itt has notified Howard S. Cull- l receiver for the Roxy, that he I king the Mayfair to discontinue C tesy tickets" and to comply with r sions of the code. Cullman re- (Continued on page 4) New Monicker Billy Brandt says if union- ang of theatre help, such as shers, doormen and the like, mtinnes, ushers are apt to - called traffic engineers. Half Board Absent Five alternates will sit for Code Authority members at today's meeting. Neil Agnew will act for George J. Schaefer, who has gone to Miami; Jack Cohn will oc- cupy R. H. Cochrane's chair, the Universal executive be- ing ill with a cold; Leslie E. Thompson will sit for M. H. Aylesworth, now in Holly- wood; J. Robert Rubin will represent Nicholas M. Schenck, who is due on the coast today; John D. Clark is slated to speak for S. R. Kent, vacationing in Mi- ami. The other 50 per cent of the board will be there in person. K. C. Gathers Evidence for Code Boards Kansas City, Feb. 15. — Evidence of unfair competition in alleged viola- tion of the code is being gathered by individual exhibitors here to serve as basis of complaints to the territorial grievance board when it is set up. If establishment of the board is unduly delayed, the evidence will be submitted direct to Sol A. Rosenblatt, division administrator, it is said. Alleged code violations pertain to (Continued on page 4) Unions Attempt to Line Up Re-Winders A determined effort by labor repre- sentatives to organize film re-winders and inspectors employed in exchanges (Continued on page 4) MOVE McDONOUGH, DEPINET UP LINE Theatres Tell Union No Pact Can Be Signed A polite defiance was delivered to Local 118, Building Service Employes Union, the new organization of ushers, doormen, cashiers, ticket takers and janitors, by repreentatives of what was said to be 95 per cent of the Greater New York theatres at a meet- ing with officers of the local at Loew's yesterday. The meeting advised Charles C. Levey, secretary-treasurer of the lo- cal, that it would refuse to make^ an exclusive contract with his organiza- tion, or any other, on the grounds that it might result in hardship for loyal employes who might be in line (Continued on page 4) Philadelphia Cut Rates Cause Worry Philadelphia, Feb. 15. — The low nrice legitimate theatre scale at the Erlanger and Broad Street Theatres, operated by Samuel F. Nixon-Nird- linger, is looming as another competi- tive threat for the downtown picture houses. Beginning with the "pass-system," with the plentiful distribution of paper redeemable at the box-office with a 40c fee per person, both houses followed (Continued on page 11) Goldwyn 9s Star Pay Yarn In Magazine Stirs Coast Hollywood, Feb. 15. — Samuel Goldwyn's Saturday Evening Post article, "Do We Pay Our Picture Stars Too Much?" has stirred up plenty of excitement here. It is called a violation of the studio agreement not to publicize star salaries on the ground that it has a bad psychological effect throughout the country. Goldwyn's argument was that stars' earning power covers only about five years of their lives ; that they often spend years working up to stardom, and that their income should be pro- rated over their acting careers. They are entitled to what they get, he in- sisted, because their next picture may be their last, and two bad pictures are sufficient to ruin most careers. It is understood that several studios have protested to the Hays office that the article was a violation of produc- tion ethics. Former to Become Film Head — Cooper Induced To Retain Post Hollywood, Feb. 15. — That J. R. McDonough, general manager and vice-chairman of the board of direc- tors of RKO, is to be elevated to the presidency of RKO Radio Pictures was announced by M. H. Aylesworth, president and chairman of the director- ate of RKO, before departing for New York tonight. Plans are, according to Aylesworth, to have McDonough divide his time between New York and the coast. Other appointments, it is under- stood, will be made at the next board of directors meeting. B. B. Kahane, now president of RKO Radio Pic- tures, will be continued as president of the RKO Studios, subsidiary of RKO Radio Pictures, but will devote all his time to studio affairs and operations. Another change will find Ned Depinet as president of the RKO Distributing Corp. Merian Cooper, (Continued on page 9) Fox Midwest-Para. Deal Is About Set Kansas City, Feb. 15. — While somewhat delayed by differences over disposition of film contracts held for the houses, the deal whereby Fox Midwest takes over the Paramount theatres in Joplin and Springfield, Mo., will shortly be consummated, ac- cording to Ed Grubel, of Grubel Bros., the landlords. Grubel said the deal, which will (Continued on page 9) New Fox Met. Plan Ready Any Day Now Reorganization plans for Fox Met- ropolitan Playhouses will be presented to the court any day now, Ernest Niver, chairman of the committee, (Continued on page 9) Crowded Out Motion Picture Daily re- grets lack of space made it necessary to reject nine col- umns of advertising offered yesterday for publication in this morning's edition. MOTION PICTURE DAILY Friday, February 16, 19- MOTION PICTURE DAILY (Registered U. S. Patent Office) Vol. 35 February 16, 1934 No. 39 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. Clifford, manager; London Bureau: 6 Brookland Close, Harapstead Garden Suburb, Bernard Char man, Representative; Berlin Bureau: Berlin-Tem- pelhof, Kaiserin-Augustastrasse 28, Joachim K. Rutenberg, Representative; Paris Bu- reau: 19, Rue de la Cour-des-Noues, Pierre Autre, Representative; Rome Bureau: Vlale Gorizia, Vittorio Malpassuti, Representative; Sydney Bureau: 102 Sussex Street, Cliff Holt, Representative; Mexico City Bureau: Apartado 269, James Lockhart, Representa- tive; Glasgow Bureau: 86 Dundrennan Road, G. Holmes, Representative; Budapest Bureau: 11 Olaaz Fasor 17, Endre Hevesi, Representative. 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. Peekskill Theatres Protest Free Shows Peekskill, N. Y., Feb. 15. — Free entertainment at the armory, which in- cludes boxing, film shows, etc., has aroused local exhibitors to such a point where they have asked the Code Authority to step in. The theatre men claim attendance at the armory dras- tically cuts in at the box-office and is unfair competition. Auten to Hold Benefit Captain Harold Auten will stage a benefit show in April, the proceeds of which will go to the aid of film men in distress in England. MOTION PICTURE ALMANAC 1934-35 NOW /A/ PAiPAAA T/OM WHERE THE WORLD LOOKS FOR MOTION PICTURE PR1CI «C2 53 Insiders' Outlook T) OY, oh boy, oh boy ! The old -'-'grapevine almost got itself completely tangled in its excite- ment yesterday. It had to do with the wire which Nelson Rockefeller is reported to have hurried toRoxy in Miami, asking him to come back to the fold, meaning Radio City, in charge and on terms to be set by Roxy. Radio denied it ; Roxy denied, but there it was. The excitement sizzled for an- other reason, however, and that reason was the report the Rocke- fellers were considering Roxy without RKO. In other words, to run the Music Hall and Center themselves with Roxy at the helm. Maybe important, maybe not is the fact that Rockefellers to date have submitted no terms on those theatres' leases. . . . Internal set-up at the Roxy which, if it does nothing else, ex- plains why various and sundry men figure in its operation. How- ard Cullman, of course, is re- ceiver by court order. Harry Arthur is the maestro on man- agement through Artco, a com- pany formed for that purpose by Cullman. Artco supplies talent and operation. Talent is F. and M. with Jack Partington in on it. Management means Irving Les- ser. Sydney S. Cohen represents the first mortgage bondholders' committee, for which Carlos Israels of White and Case is at- torney. Artco is one of the four groups which have submitted a plan to take over the theatre, which, by the way, is doing all right. . . . T Heard around town that when the local grievance board gets set, 150 complaints will be filed by the I.T.O.A. Also that the men sitting on this board will have alternates, who will have alternates, who will have alter- nates, etc., because of the tre- mendous amount of complaints to keep the body busy. . . . Cecil De Mille will remain true to the bathtub in "Cleopatra." Repos- ing on the director's desk in Hollywood is a sketch of a gigan- tic steam affair, large enough to fill a hotel lobby and sufficiently representative of that decadent era. Claudette Colbert will do the splashing. . . . T Fox has been asking members of the studio publicity depart- ment for a catchline to pin on Alice Faye. Wants something like the platinum blonde line used over at Metro for Jean Harlow. One of the scribes thought and thought, finally giv- ing up with : "Nerts, why not call her 'Lily of the Valley*?" No dope on the decision. . . . KANN Monogram Undecided Hollywood and Atlantic City are being considered as convention spots by Monogram. The annual sales meet will be held either in April or May. Long Term for Swanson Hollywood, Feb. 15 — Gloria Swan- son's one-picture deal with M-G-M has been changed to a five-year con- tract. Her first will be Elinor Glynn's "Three Weeks." Heavy Gains on Big Board Net High Low Close Change Sales Columbia Pictures, vtc 26 2554 26 +1 500 Consolidated Film Industries 554 5 554+54 3,200 Consolidated Film Industries, pfd 1754 16% 17*4 + 54 5.4O0 Eastman Kodak 9054 90 9054 +254 1.500 Fox Film "A" 1754 1654 1654 + 54 11.100 Keith-Albee-Orpheum, pfd 26% 24% 24% +4% 200 Loew's, Inc 33% 33% 3354 +1% 31.600 Loew's, Inc., pfd 86!4 8654 8654 100 M-G-M, pfd 25 2454 2454 — % 300 Paramount, cts 554 454 554 + 54 65.100 Pathe Exchange 314 3% 354 + Vi 16.600 Pathe Exchange "A" 18% 17% 1854 + % 3,900 RKO 3% 3% 3J4 + % 7.500 Universal Pictures, pfd 30 30 30 +2 4.000 Warner Bros 7% 754 754 +54 19,500 Technicolor Gains 7% on Curb Net High Low Close Change Sales Technicolor 1054 954 1054 +154 4,300 Paramount Publix Bonds Up 5x/% Net 'High Low Close Change Sales General Theatre Equipment 6s '40 9% 83/g 954 +1% 114 General Theatre Equipment 6s '40, ctf 954 854 954 + % 16 Keith B. F. 6s '46 61 61 61 +1 1 Loew's 6s '41, ww deb rights 95% 955i 95% — % 1 Paramount Broadway 554s '51 40 37% 40 +3 60 Paramount F. L. 6s '47 38 3454 36% +254 45 Paramount Publix 554s '50 50 4554 50 +5% 185 Pathe 7s '37, ww 91 90 91 —1 5 Warner Bros. 6s '39, wd 5754 56 5754 +2% 15 4 Purely Personal HENRY RANDELL, Brookl. Paramount exchange mana„'c leaves for Florida within the next U days. Work on the Paramount Dri has exhausted Randell to the poi where he needs rest. Cakl Lessermax, assistant Gradwell Sears at Warners, w be far off Sunday on a week's to of the mid-west. Sears himself leav the same day for a week's trip to t company's Atlanta office. Edward Marks, author of "Th» All Sang," Willie and Euge Howard and Weber and Fields w be Cheese Club guests next Tuesd: Busby Berkeley and his bri< Merna Kennedy, will fly to N- York next month for the opening "Wonder Bar." Cary Grant and his bride, V: ginia Cherrill, are on their way this country on the Paris. Nffia Talmadge is on the same ship. Sigmund Spaeth and Fredeii Worlocr have been added to the a of "Frankie and Johnny," now work at the Biograph Studios. Sophie Prizep, Si Seadler's sd retary, and Buddy J. Markus, MG librarian, leave for Miami, Feb. 17 Dave Blum is expecting bless events. His dog Penny is about increase the family expense. Rose Burkes and Marie Ade man of the Roxy are recupc^rj from appendicitis operations. Bernice Claire begins work toe in "Who Is That Girl" at the Yi phone plant. Irving Caeser, tune writer, is U from Movietone City. Herschel Stuart has gone Dallas to visit his wife and baby J. H. Hoffberg has returned fn Cuba. Lesser to Confine Work to Produch Hollywood, Feb. 15.— Sol Les," intends to concentrate on product hereafter and give up all theatre distribution interests. In addition, intends to be sole backer of his p ductions. "If I make hits. I'll take all / profits ; if I make flops I'll also t? the losses," he said. His present plans call for four [ tures a year, with Jackie Cooper "Peck's Bad Boy" the first. Cummins to Featuri European Excitemei Samuel Cummins is at work orj! feature dealing with current politic and social unrest in Europe. He \ ' call it "Revolution" or "Volcano,"', has not determined on the final ti' Cummins said yesterday the f will be completed in about 10 da There will be no dramatic story exc the drama of the situations as cJ| vey-ed through newsreel shots. *\ Duals at Cleveland La Cleveland, Feb. 15. — Commenc today the Lake, a Warner do\ town first run, goes to a double f ture policy. PHOTO- SUMMARY OF WEEK'S NEWS m 'VEREE NICE WORK' says Bill Powell to Veree Teasdale after careful scrutiny of latest banner b. o. figures on 'Fashion Follies of 1934' from Detroit, Boston and Albany. 0 HEADIN' FOR THE FIRST CLEAN- UP at Sparks' Com- munity Theatre, Miami, where 'Won- der Bar' starts round of gala pre- release openings on February 20th. ° ii sffcscwa w*of .www 'CHI'S TOP BIZ' is Variety's report on Publix premiere of Kay Francis in 'Mandalay, ' while Cleveland breaks house record and Memphis flashes 'best business since Footlight Parade.'" ANOTHER 'BEST' FOR WARNERS is legit stage's gorgeous Edna Best, whose first film on new long term con- tract will be 'The Key.' I' 'COME UP AND SEE ME in my latest hit, ' says Jimmy the Gent,* 'at Warners' National Trade Exhibit on March 6th, ' when full line of spring product samples will be screened for visiting showmen. FILM DAILY ADDS to wealth of trade press praise of 'As the Earth Turns' by rating it 'one of a select few in the history of Hollywood. ' * *A Warner Bros. Picture °A First National Picture Vitagraph, Inc., Distributors MOTION PICTURE DAILY Friday, February 16, 193 Code Boards Confined to Total of 62 (Continued from page 1) Theatre owners in southern Jersey being served trom Philadelphia ex- changes will file complaints with the board there, inhibitors of northern i\ew Jersey will funnel objections to the .New iork grievance board. No personnel of any boards will be made known today, if Division Ad- ministrator Sol A. Rosenblatt ap- proves some of the approximate 2uU recommendations of impartial mem- bers by tomorrow, the hrst group ot clearance and zoning and grievance boards will be released then for publication Monday. More than half of the 62 boards have been tentatively approved by the committee on selections and will be submitted to the authority today for official sanction. J. Robert Rubin will be chairman of the session which will be held at the authority headquarters in the RKO building. In addition to approval of boards' selection, on the tapis today are recommendations of the vaudeville committee for changes in the code, finances, a report by Executive Secre tary John C. Flinn, free radio shows situation, complaints which need im- mediate attention and the ruling of the NRA legal department on the 10 per cent cancellation clause, which Rosenblatt declared retroactive to Dec. 7, when the code became effec tive. K.C. Gathers Evidence for Code Boards Rosenblatt Asks End Of May fair Tickets (Continued from page 1) cently brought the matter to the at- tention of the division administrator. Rosenblatt's answer to Cullman fol- lows : "This is to acknowledge re- ceipt of and thank you for your lettr of Feb. 7 enclosing a sample of the courtesy tickets which are being dis- tributed by the Mayfair Theatre. I am immediately calling this matter to the attention of the Mayfair Theatre and asking their discontinuance of this practice and their compliance with the motnon picture industry code." Vaude Men Form Ass'n Unit stage producers and vadue- ville producers have formed the Vaudeville Producers' Ass'n., which will act for individual members on proposed changes in the code. Sug- gestions made by this organization are expected to be taken up by Code Au- thority at its meeting today at its headquarters in the RKO Building. (Continued from page 1) lowering of announced admission prices through grocery lotteries throwaway tickets, coupons and simi lar devices. Neighborhood exhibitors who are up against this competition say they are keeping a record of prac tices that are obvious code infractions and will present them to constituted code bodies for action. The practices complained of were intended to be dealt with in rules of fair competition which the suburban recently decided to formulate, after two or three previous resolves which resulted in failure. Jay Means, presi dent of the Independent Theatre Owners, has just about given up hope that the neighborhoods can get to gether on a definite plan, and it is highly probable that voluntary efforts will be abandoned as useless in favo of action by the local grievance board The contemplated rules of fair com petition also were to include cut prices double bills and giveaways, in an at tempt to stabilize admissions. General restriction of these practices to not more than two days a week was, in addition, to serve as a concession to Toew's, of whom the suburbans are demanding a boost in admission prices at the first run Midland. Carl Laemmle Goes Back to the Coast Carl Laemmle left for the coast yesterday following three weeks of conferences here on new season pro duction plans and participation in sales meetings. He was accompanied by Max Friedland, general European manager; Mrs. Friedland, Joe Weil and Jack Ross. A decision on Universale plans for producing in France will be made following the group's arrival in Hollywood. It was said that in the event the 15 pictures scheduled to go into production in Hollywood with in the next few weeks are not adapted to release abroad, 12 continental productions may be made in Paris. Carl Laemmle, Jr., will remain in New York for several additional days in order to view current Broadway offerings. May Discuss Scale Today Division Administrator Sol A. Ro- senblatt is expected to confer with representatives of the I. A. T. S. E. and Harry Brandt, president of the I. T. O. A., on setting up a basic wage scale for independent booths. Assents Now Total 7,477 Thirty-one unqualified assents reached the Code Authority yester- day bringing the former total of 7- 446 to 7,477. Ulrich Joins Authority Charles Ulrich, veteran newspaper and publicity man, has joined the Code Authority in charge of reception. Ulrich was a correspondent for news- papers and traveled with President Theodore Roosevelt and at one time was associated with Pathe, PDC and Paramount. During his 10 years with Paramount he has turned out about 1,500 press sheets and is said to be the father of the modern press book. Seek Code Board Jobs Des Moines, Feb. 15.— Leone Mat- thews and Grace Gannon are active candidates for posts as secretaries of the zoning and clearance and griev- ance boards. Agents to Discuss Code's Provisions (Continued from page 1) man, Edward Schoeng, i Edward Keller, Herman Bernie, Maurice Rose, Max Hart, Louis Shurr, Jack tfertel, Tom Rockwell, Matt Kelly, and three others to be appointed. The association, which claims a membership of 400, represents legiti- mate, vaudeville and picture artists. Hayward, Lyons and Grossman repre- sent actors and actresses in Holly- wood in addition to the legitimate field. Admits U. S. Taught British Producers Admitting that English producers have taken a few lessons from Amer- ican film makers, Gerald Campbell, British Consul General, yesterday told Ampa members domestic producers have taught his countrymen how to make pictures. "If American producers hadn't shown British film men how to make pictures, England would not know how," he stated. He also said he was glad to see the response given English product here and added the ideas of American publicity men have been advantageous to companies abroad. He also waxed humorous when he said: "All films depend on the fact that God made woman and man different- ly, and how they enjoy the differ- ence 1" Arthur Lyons, president of the Na- tional Ass'n. of Theatrical Artists Representatives, declared that the code is one of the finest instruments writ- ten and will eliminate a lot of lying and stealing of artists by agents. Other guests included Reginald P. Baker of Associated Pictures of Lon- don, Consuelo Flowerton, actress ; Rex Weber, singer. Court Orders Digest Of Quittner Record An opinion requiring that the rec- ord in the Edward Quittner monopoly suit against major companies be di- gested preparatory to carrying the case to the U. S. Circuit Court of Appeals was handed down yesterday by Federal Judge Francis G. Caffey. The opinion will permit counsel to consolidate the 7,000 page record to 300 or 400 pages. Judge Caffey also ruled that Quitt- ner may make application to appeal his case as a pauper in either the Dis- trict Court or the Circuit Court of Appeals. If the application is granted he may go to the higher court with- out having the record printed. Theatres Tel] Union No Pact Can Be Signec (Continued from page 1) for discharge if they chose not to joi the union. Major L. E. Thompson, of RK<: presided at the meeting, which wa attended by Charles Moskowits Loew's; Charles L. O'Reilly, T. C C. C; Harry Brandt, I. T. O. A. Jack Bannon, Paramount ; Georg Skouras, Harry Buckley, Unite Artists, Sam Rinzler, Randforce Cir cuit, and others. The meeting took the position tha theatres here are doing all that is re quired of them in living up to cod provisions and, in some instances, an paying 40 to 50 per cent more thai the minimum wages provided in th< code, and employing additional helj to care for shorter hours required b; the code. Following the meeting, Levey de- clared that he disagreed with the theatre operators' interpretation of th( National Recovery Act and that h< was of the opinion that it permi opening of negotiations for new wag contracts regardless of code proy sions. "The Recovery Act stipulates tha employers must deal with the chosen! representatives of their employes,"! Levey said. "It is not for die em-, ployers to say who that representative! is to be." Levey declared that he would take! the matter to the National Labor Board at Washington in an effort to obtain verification of his opinions. He reported that he was received cordial- ly at the meeting and stated that the likelihood of a strike was "remote." Unions Attempt to Line Up Re-Winders (Continued from page 1) throughout the country is reported under way. New York is believed to be the center of the organizing activi- ties, with the labor representatives convinced that an organization in ex- j istence here would give them an ad- vantage in later organizing locals in j other cities. The organizers contend that the re- I winder is as important in his sphere as the projectionist is in his and! should be paid on the same basis. Theatre labor organizations queried on the report yesterday disclaimed any knowledge of the organizing ac- tivities among re-winders. Golden Sees Duals' Return in Chicago Reinstatement of double features in Chicago within the next few weeks is seen by Edward Golden, general sales manager for Monogram. Golden has been leading the fight of independent distributors against the alleged prac- tice of major companies who are said to be rubber stamping contracts so that no two features are shown on the same bill. Warners Buy Entire Program from Radio Warners have bought the entire 1934-35 list of Radio, including fea- tures, shorts and the Pathe reel, ac- cording to Jules Levy, general sales manager. The deal was signed sev- eral days ago, but was withheld for the sales meeting at the Park Cen- tral. Levy handled the deal for Radio and Joseph Bernhard and Clayton Bond acted for Warners. A CLAIM ACCLAIMED 1UNN D ,re«ec/ b en Friday, February 16, 1934 MOTION PICTURE DAILY Smith Named Head of Ohio Independents Columbus, Feb. 15. — The Inde- pendent Theatre Owners of Ohio perfected its organization at a meet- ing today at the Deshler-Wallick Ho- tel here with the election of officers. Martin G. Smith, Toledo, was named president ; Elmer Shard, Cin- cinnati, first vice-president; Sam Lind, Zanesville, second vice-presi- dent; M. B. Horwitz, Cleveland, treasurer; Pete Wood, secretary and business manager. Named as direc- tors were Henry Greenberger and John D. Kalafat, Cleveland; Willis Vance and Frank W. Huss, Cincin- nati; Max Stern and J. Real Neth, Columbus; Robert Menches, Akron; Xat Charnas, Toledo; John Schwalm, Hamilton; L. F. Eick, Martin's Fer- ry; Henry Bieberson, Delaware; Earl Myers, Chillicothe, and Paul Ellis, Warren. Headquarters will be maintained permanently in Cleveland and Cincin- nati, with a temporary office in Col- umbus when the Legislature is in session. Some 100 exhibitors were present These represented approximately 250 theatres, practically a 1 1 enrolled. Every independent in the state is eligi ble, with producer-controlled and cir cuit-affiliated houses excluded. The prime purpose of the organization is to fight the present admission tax and secure a square deal for its members under the code. The Cleveland M. P. Exhibitors Ass'n. and the Ohio Valley Independ- ent Exhibitors' League, which are parties to the new organization, will continue to function as heretofore Dues of $25 for houses up to 500 seats were decided upon with seven and a half cents per seat for houses of 500 to 1,000 seating capacity and 10 cents per seat for those seating more than 1,000. Dues are payable semi-annually in advance. Horwitz, who was Cleveland dele- gate to the code meetings in Wash- ington, discussed the good and bad features of the code from the point of view of the independent. He said 80 per cent of Cleveland's independents had refrained from signing the code because they believed it "incomplete" and were waiting to see what changes, if any, would be made by the Code Authority. Philadelphia Cut Rates Cause Worry (Continued from page 1) w ith a "pit," throwing onen large por- tions of the orchestra, balcony and gallery on an unreserved seat basis at half-price. Box-office scales at both theatres range from 25c to $2, with the bulk of the seats under one dollar. "Among Those Sailing," "By Your Leave," "Her Majesty, the Widow" and "Dangerous Corner" have played at these houses to large crowds, gross- ing between $5,000 to $8,000, which means plenty of profit. Before these shows clicked at the Erlanger, the house was rumored for pictures as an inde outlet, with Ma- jestic mentioned as being interested. Nirdlinger, however, has decided to run through the season with legit shows, having several bookings to draw from. F. & M. Line Up Product St. Louis, Feb. 15. — The recently formed Eden Theatre Co., operating subsidiary for Fanchon & Marco, have signed film contracts for the Fox and St. Louis said to involve upwards of $100,000. First of the series is "Carolina," current attraction at the Fox. and "The Ninth Guest" and "The Song You Gave Me" at the St. Louis. Film K. C. Polling Kansas City, Feb. 15.— Motion picture cameras were brought into play in Kansas City's municipal election regis- tration. Members of the Na- tional Youth Movement, a reform organization owning cameras, stationed them- selves at the polls to obtain visible records of the "ghost vote" or registration repeat- ers, as well as make records of any rough action at regis- tration places. This vigilance will be repeated at the spring elections. Academy Invites 20 For Shorts Awards Hollywood, Feb. 15. — More than 20 short subjects producers have been invited to submit their releases be- tween Aug. 1, 1932, and Dec. 31, 1933, for consideration of the Awards Committee of the Academy. This will be the second short sub- jects award and will be made at the annual banquet March 16. The first screening for nominations will be on Feb. 22. Fifteen members of the Academy, including actors, directors, technicians, writers and producers, will be represented. Behind the Make-Up By F. J. NEIDIG DuWorld, Judell in Deal DuWorld Pictures, Inc., have con- tracted with B. N. Judell of Chicago for distribution of "Dawn to Dawn" in Illinois, Indiana and Wisconsin. Va. Sunday Bill Loses Richmond, Feb. 15. — Sunday the- atre openings have been defeated again by a vote of 62-28 in the House. Amity Pictures Moves Amity Pictures has moved into arger quarters in the Godfrey Build- ing at 729 7th Ave. M-G-M Signs Lederer Hollywood, Feb. 15.— Charles Led- ger has been signed to a writing con- Tact by Irving Thalberg at M-G-M. LILYAN TASHMAN, who re- cently finished an important role in Norma Shearer's latest, "Lady Mary's Lover," is here for a co-star- ring role in "Frankie and Johnny" to be produced and directed by Ches- ter Erskine for All Star Prod, at Biograph. • All Star Prod, announce engage- ment of Walter Kingsford, well- known legitimate and light comedy star; for one of the important roles in the picture. • Kingsford, currently appearing as one of the principal players in "The Pursuit of Happiness," has toured with Jane Cowl in "Twelfth Night," "Art and Mrs. Bottle" and "Camille." He played the lead in Lord Dunsany's "If" and soon after coming to this country from England made a na- tional reputation with his work in support of Ethel Barrymore. John Drew and Mrs. Minnie Maddern Fiske. This will be his first appear- ance in pictures. • Al Christie has completed a semi- musical comedy for Educational at the Eastern Service Studio in Astoria. Bob Hope of "Roberta" and Leah Ray were starred with the supporting cast including Jules Epailly, Francis Halliday and Vicki Cummings. The storv was written by Art Jarrett and William Watson with photography by Georere Weber and Sol Midwall and Bill Kelly. Fred Scheld and Warren Murray assisted in direction with Phil Cohen handling the music. This is Hope's first of a series for Educational. Miss Ray's first appear- ance in pictures was in Maurice Che- valier's "A Bedtime Story," in which she sang "Look What I've Got." B. A. Rolfe and his orchestra ap- pear in "A Jollv Good Fellow" under direction of Joseph Henabery at Yitaphone. The supporting cast in- cluded Beverly Phalon, Dolly Arden, Sally Woodall and the quartette, Men About Town. Another Ben Blue comedy was re- cently completed at Vitaphone under direction of Ralph Staub. The sup- porting cast included Cora Wither- spoon, Hugh Cameron, Vicki Cum- mings and Herb Warren. The cameras were handled by Ed DuPar and Ray Foster with the story writ- ten by Jack Henley and Dolph Singer. Jack Henley apparently does not suffer from writer's cramp as this is his 170th story in 23 months. Cora Witherspoon did some heavy commuting while working in this pic- ture as she is also appearing in "Mackerel Skies" on Broadway. That's one way to keep an actress' daylight hours from growing dull. • Roy Mack is directing another Broadway Brevity comedy starring Gertrude Niesen at the same plant. The cast included Roscoe Ails, Wel- don Heyburn, The Randalls (a dance trio) and Vitaphone's own chorus. The story was written by Cy Woods and Eddie Moran and the cameras were handled by Ed DuPar and Ray Foster and their assistants Sam Ma- rino and Rav Smith. Walter Strenge and Bill Kelly ex- pect to leave this week to shoot the winter games at Dartmouth for M-G-M. "Fashions" Is Boston High, With a Revue Boston, Feb. 15. — Grosses showed a little improvement this week over the preceding week, but were still be- low those of recent weeks. Extreme cold weather caused some of the drop. The Metropolitan, with "Fashions of 1934" and Lew Leslie's Blackbirds of 1934, pulled $34,000, over par by $6,000. "Meanest Gal in Town" at RKO Boston, where three stars were billed in personal appearances, was good for $19,000, up by $3,000. RKO Keith's with "Hips, Hips, Hooray," and "This Side of Heaven" at Loew's State were well over average. Total first run business was $107,- 000. Average is $95,000. Estimated takings for the week end- ing Feb. 8 : "THE MEANEST GAL IN TOWN" (Radio) BOSTON— (2,900), 25c-50c, 7 days. Stage: Benny Rubin, Fifi D'Orsay, Reggie Childs. Gross: $19,000. (Average. $16,000.) "FOUR FRIGHTENED PEOPLE" (Para.) "EASY TO LOVE" (Warners) FENWAY— (1,800), 30c-50c, 7 days. Gross: $8,500. (Average, $9,000.) "HIPS, HIPS, HOORAY" (Radio) KEITH'S— (3,500), 30c-50c, 7 days. Gross: $18,500. (Average, $16,000.) "THIS SIDE OF HEAVEN" (M-G-M) LOEW'S STATE— (3,700), 35c-50c, 7 days. Yaude. Gross: $18,000. (Average, $16,000.) "FASHIONS OF 1934" (Warners) METROPOLITAN— (4,350). 30c-65c, 7 days. Stage: Blackbirds of 1934 and Lew Leslie. Gross: $34,000. (Average. $28,000.) "FOUR FRIGHTENED PEOPLE" (Para.) "EASY TO LOVE" (Warners) PARAMOUNT— (1,800), 30c-50c, 7 days. Gross: $9,000. (Average. $9,000.) New Theatre Opens At Asheville, N. C. Asheville, Feb. 15. — The State, a new house, was opened in Asheville this week, offering "Moonlight and Pretzels" as the initial attraction. Present for the opening were : Sam W. Craver of Charlotte, president of C. L. & W. Theatres, Inc.; T. A. Little of Raleigh, and H. B. Wynne of Greenville, S. C. Chester R. Glenn of Asheville is manager with an all-Asheville staff of employes. Remodeled at a cost of $25,000, the State will show second runs at popular prices. Griffiths Coming East Hollywood, Feb. 15. — Raymond Griffith, accompanied by Mrs. Griffith, will leave Hollywood tomorrow for New York. The associate producer will spend a week on Broadway look- ing for story material for 20th Cen- tury and then will sail on the Majestic for London on an eight weeks' pleas- ure trip. Takes Louisville House Canton, O., Feb. 15.— W. A. Smith has taken a four-year lease on the Owen at Louisville, from Harold Sherer, and is operatir- it seven days a week, with four program changes weekly. Dorothy Lee Is III Hollywood, Feb. 15. — Dorothy Lee is confined to her home with a throat infection which may prevent her sched- uled personal appearances in Denver the latter part of February. 12 MOTION PICTURE DAILY Friday, February 16, 193' "Nana" Piles Up $103,000 At Music Hall Looking 'Em Over Anna Sten in "Nana" went over with a bang in its first week at the Music Hall. The take reached $103,- 000, not a record, but high enough to keep lines running half way to 5th Ave. most of the week. Even during the record cold on opening day the lines were five deep. The cold wave hit business in most Broadway houses. The Capitol, with "You Can't Buy Everything" on the screen and May Robson on the stage, was down to $15,500. "All of Me" at the Paramount with Milton Berle in the stage show and Rubinoff in the pit was pretty good at $34,000, and the Roxy had $24,000 with "I've Got Your Number." "Hi, Nellie" got off to a fine start with $23,686 at the Strand. Estimated takings : Week Ending Feb. 6: "GALLANT LADY" (U. A.) RIVOLI— (2,200), 35c-99c, 3rd week, A days. Gross: $8,300. Week Ending Feb. 7: "THE GHOUL" (Gaumont British) "ROSS-PETROLLE FIGHT" (Garden Films) RIALTO-(2,200), 25c-65c, 2nd week, J days. Gross: $8,000. "NANA" (U. A.) RKO MUSIC HALL— (5,945), 35c-$1.65, 7 days. Music Hall Revue. Gross: $103,000. Week Ending Feb. 8: "YOU CAN'T BUY EVERYTHING" (M-G-M) CAPITOL — (4,700) , 35c-$1.65, 7 days. Stage: May Robson and others. Gross: $15,- 500. "FASHIONS OF 1934" (Warners) HOLLYWOOD— (1,545), 25c-85c, 3rd week, 3 days. Gross: $3,800. "FRONTIER MARSHAL" (Fox) MAYFAIR— (2,300), 35c-85c, 2nd week. 2V2 days. Gross: $2,600. "I AM SUZANNE!" (Fox) PALACE— (2,500), 25c-75c, 7 days. Stage show. Gross: $10,400. "ALL OF ME" (Para.) PARAMOUNT— (3,700), 35c-99c, 7 days Stage: Milton Berle, Dave Rubinoff, and others. Gross: $34,000. "I'VE GOT YOUR NUMBER" (Warners) ROXY— (6,200), 25c-65c, 7 days. Stage show. Gross: $24,000. "HI, NELLIE" (Warners) STRAND— (2,000), 25c-$1.10, 7 days Gross: $23,686. Week Ending Feb. 9: "MAN OF TWO WORLDS" (Radio) ■ — 4 days "CROSS COUNTRY CRUISE" (Univ.) — 3 days RKO CENTER— (3,700), 25c-55c, 7 days Gross: $11,000. Week Ending Feb. 12: "QUEEN CHRISTINA" (M-G-M) ASTOR— (1,012), 55c-$2.20, 7th week days. Gross: $10,000. (tr The Big Race ( Showmen's Pictures ) The Big Race" is an average story of the racetrack soaked with the atmosphere of the paddocks. The film reaches its big climax in a race that has been filmed with considerable excitement. John Darrow is turned out by his father in the belief he has been responsible for doping a horse in the parent's stable in order that he might win a bet placed on a rival entry in a race. Even his fiancee (Boots Mallory) would have nothing more to do with him. Set on proving his innocence, the young man acquires a horse of his own and grooms him for entry in the big race of the year. He is driven frantic trying to raise money for the entry fee. Without his knowledge the dough is put up by his girl after she realizes she has been mistaken about him. As per expectation, Darrow's horse is the winner. Only in this case victory is carried off when another horse, coming in first by fouling Darrow's entry, is disqualified. As per expectation also, the two lovers are in each other's arms at the end, with dad beaming his approval. It must be explained that the doping was done by an employe of Darrow's father. Frankie Darro, Phillips Smalley and Katherine Williams are other players. The director is Fred Newmeyer. "Bolero," today's opener at the Paramount, was reviewed by wire from Hollywood on Feb. 8. "Long Lost Father," today's opener at the Roxy, was reviewed from Holly wood Jan. 11. "The Cat and the Fiddle," today's opener at the Capitol, ivas reviewed yes- terday. MOTION PICTURE DAILYS HOLLYWOOD PREVIEW 'Gambling Lady" "Women" Montreal Lead in Icy Week Montreal, Feb. 15. — Weather that was bitterly cold, even to local inhabi- tants, cut into theatre patronage. It would have been a great week for television. Generally speaking. Loew's led the way with $11,500 on "The Women in his Life" and a stage show. A return engagement of "Dinner at Eight" brought $10,500 to the Capitol, while the Palace was at $8,500 for "Sons of the Desert" and "Sweetheart of Sigma Chi." The second week of "Gallant Lady" at the Princess grossed $5,,000. Total first run business was $37,000. Average is $38,500. Estimated takings for the week end- ( Warners) Hollywood, Feb. 15. — Novel and interesting is the colorful leading character of "Gambling Lady." Instead of fighting the gambling syndicate as her dead father did, this gambling gal decides to string along working for them, but on her own terms. Although knowing all the devious angles of the sucker racket and how the syndicate controls the play, they agree to permit her to deal on the level. Jailed in a gambling raid which she believes was pulled by a tip from her boy friend, Joel McCrea, bailed out by Pat O'Brien, a bookie pal, she falls for McCrea after he explains his stupidity. Barbara Stanwyck's romance with McCrea, her conflict with Claire Dodd. Joel's former flame, her separation from McCrea. her loyalty to O'Brien and his bump-off and her reconciliation with McCrea reflect the dramatic structure. Doris Malloy. author of the story, is said to be the daughter of a gambler. The dialogue is bright, knowing and wise. Miss Stanwyck's cutting high card with Joel's father, Aubrev Smith, for his okay to marry Joel, and her winninar all of Miss Dodd's jewel? in a feminine game of twenty-one, are highlights of unique interest. "Gambling Lady" is a swell role for Miss Stanwyck. The love scenes with McCrea are in for feminine trade. O'Brien is good as the sacrificial lover. The production is satisfactory entertainment. ing Feb. 10: "DINNER AT EIGHT" (M-G-M) CAPITOL— (2.5471. 25c -35c -50c -60c -75c, 7 davs. Gross: $10,500. (Averaee. $9,000.) "FANNY" (French) IMPERIAL — (1,914). 25c-35c-40c-50c. 7 davs. 3rd week. Gross: $1,500. (Average. $2,000.) "THE WOMEN IN HIS LIFE" (M-G-M) LOEW'S— (3.115). 25c-35c-50c-65c-75c, 7 days. Stage: "Rv a Garden Wall Idea": Cass. Mack & Owen; Colbv & Murray; Toe. Mav & Dottv; Ferrv. the Frog Man: 12 Canadian Rockets. Gross: $11,500. (Averaee, $10,500.) "SONS OF THE DESERT" (M-G-M) "SWEETHEART OF SIGMA CHI" (Monoeram) PALACE— (2.6001. 25c-35c-50c-6Oc-75c, 7 days. Gross: £8.500. rA^eraee. $11,000.) "GALLANT LADY" (U. A1 "GIRL WITHOUT A ROOM" (Para.) PRINCESS— f 2.272). 25c-35c-50c-65c. davs. 2nd week. $6,000.) Gross: $5,000. (Average. Literary Classics On New M-G-M List Hollywood, Feb. 15. — M-G-M cur- rently leads the field in story pur- chases with 10 literary works recently added. These include : Dickens' "David Copperfield." to be pro- produced by David O. Selznick: Kioling's "Kim" and "Captains Courageous"; "Nancy Stair." a novel by Elinor MacCartney": "The Thin Man." a mystery by Dashiell Hammett: "Calm Yourself." by Edwin Hope; "What Every Woman Knows," stage hit by Sir James Barrie; "Ah, Wilderness." Eugene O'Neill's theatre success; "Declas- se," by Zoe Akins, and "All Good Ameri- cans," by Laura and S. J. Perleman. Express" and Show $10,500 In Pittsburgh Pittsburgh, Feb. 15. — There wer<; few complaints here last week, even- house in town with the exception of two hitting par or better. In at least a couple of cases, average grosse? were almost doubled. Topping everything by a wide margin, was the Pitt where a combi- nation of "Orient Express" and the Rae Samuels unit, "Cocktail Hour," accounted for $10,500, with most of the credit going to the stage attrac- tion. The Fulton, too, swung into high gear with "Carolina," getting around $7,700 and enabling the Janet Gaynor picture to hold over for a sec- ond week. The Stanley started off well with "Fashions of 1934," but slipped off near the close with the arrival of a cold wave and wound up with $9,700. "Three-cornered Moon" gave the Davis its best business in some time, holding over for an extra two days and collecting $3,200 on the extended engagement. The lone disappointment was the Penn, where "Miss Fane's Baby If Stolen" couldn't get started at all and limped along all week to a $7,000. Total grosses in six first runs were $44,000. Average is $38,500. Estimated takings for the week end- ing Feb. 10: "THREE-CORNERED MOON" (Para.) DAVIS— (1,700), 25c-35c, 8 days. Gross: 3,200. (Average for six days, $2,500) "CAROLINA" (Fox) FULTON— (1,750), 15c-40c, 6 days. Gross: $7,700. (Average. $4,000) "MISS FANE'S BABY IS STOLEN" (Para.) PENN— (3,300), 25c-50c, 6 days. Gross: $7,000. (Average, $12,000) "ORIENT EXPRESS" (Fox) PITT— (1.600), 15c-40c, 6 days. Stage: "Cocktail Hour" with Rae Samuels, Kitty Doner, Harmony Co-Eds, Olyn Landick, Billie Lee and Eleanor Whitney. Gross: $10,500. (Average, $6,000) "FASHIONS OF 1934" (Warners) STANLEY— (3,600), 25c-50c, 6 days. Gross: $9,700. (Average, $9,000) "DARK HAZARD" (Warners) WARNER— (2,000), 25c-50c, 6 days. Gross: $4,900. (Average, $5,000) "Carolina" $6,500 Draw in Oklahoma Oklahoma City, Feb. 15. — "Caro- lina" took top honors here last week with a gross of $6,500, over par by $2,500, at the Midwest. "The Private Life of Henry VIII," at $7,000, was $2,000 over average at the Criterion. Presence of the Oklahoma Educa- tional Ass'n. was a big help to grosses. The "B" houses also got a break. Total first run take was $19,100. Average is $13,500. Estimated takings for the week end- ing Feb. 10 : „.„ "PRIVATE LIFE OF HENRY VIII" (U. A.) CRITERION— (1,700), 10c-20c-26c-36c-41c- 56c, 7 days. Gross: $7,000. (Average, $0,000) "CAROLINA" (Fox) MIDWEST— (1,5000, 10<*26c-36c-56c. days. Gross: $6,500. (Average, $4,000) "CONVENTION CITY (F. N.) CAPITOL— (1,200), 10c-20c-26c-36c-41c 7 days. Gross: $3,500. (Average $2 500) "BLOOD MONEY" (U. A.) LTBERTY-(1,500), 10c-15c-26c-36c. 3 days. Gross: $1,200. (Average week, $2,000) "BEDSIDE" (F. N.) LIBERTY-(1,500), l(k-15c-26c-36c, 4 days. Gross: $900. (Average week, $2,000) THERE IS ONLY ONE FRANK BUCK NATURE SAVES HER BIGGEST THRILLS FOR HIM ★ BRING-'EM-BACK-ALIVE fat 11 ! mm IS COMING SOON! DIRECTED BY ARM AND DENIS VAN BEUREN PRODUCTION .. RKO RADIO PICTURE MOTION PICTURE DAILY Friday, February 16, 193*1 "Nana" Loop Smash; Gets $26,000 Take Chicago, Feb. 15.— "Nana" with the new star Anna Sten hung up a sensa- tional take of $26,000 in its first week at the United Artists and created a big splash in the Loop. At that figure "Nana" is top for the house this year, since it passes by some $500 the open- ing week of "Roman Scandals." Hitting at the same pace in the larger Oriental across the street is "Queen Christina," which also hung up a fine $26,000. The Garbo versus Sten situation is creating an interest- ing setup with plenty of speculation on which is going to come out on top in the second week's run. RKO'S Palace was strong at $22,- 500 with "Man of Two Worlds" on the screen and Anatole Friedland's "Fifty Million Frenchmen" on the stage. "Madame Spy" gave way after five days of sagging grosses at Mc- Vickers, while "Dinner at Eight rounded out a, seven-week Loop run at the Roosevelt with $7,500. Total first run business was $139,- 000. Average is $137,000. Estimated takings: Week Ending Feb. 7: "NANA" (U. A.) UNITED ARTISTS-(1,700), 30c-40c-60c, 7 days. Gross: $26,000. (Average, $17,000) Week Ending Feb. 8: "THIS SIDE OF HEAVEN" (M-G-M) CHICAGO-(4,000), 35c-50c-68c, 7 days. Ted Lewis show on stage. Gross: $J5,0UU. (Average, $34,600) "MAN OF TWO WORLDS (Radio) PALACE— (2,509), 35c-50c-75c, 7 days. Anatole Friedland's "Fifty Million French- men" on stage. Gross: $22,500. (Average, $22,000) _ . „ Week Ending Feb. 9: "MADAME SPY" (Univ.) McVICKERS— (2,284), 30c-40c-60c, 7 days. Gross: $6,000. (Average, $13,000) "QUEEN CHRISTINA" (M-G-M) ORIENTAL— (3,940), 30c-40c-60c, 7 days. Gross: $26,000. (Average, $23,000) "DINNER AT EIGHT" (M-G-M) (Fourth Loop Week) ROOSEVELT— (1,591), 25c-35c-50c, 7 days. Gross: $7,500. (Average, $11,000) Week Ending Feb. 10: "JIMMY AND SALLY" (Fox) STATE - LAKE — (2,776), 20c-25c-35c, 7 days. Francis White and Eddie Lambert heading vaudeville bill. Gross: $16,000. (Av- erage, $17,000) "Carolina" Pulls $7,500, Omaha Top Omaha, Feb. 15. — Grosses stayed pretty even last week, with "Carolina" at the Paramount hitting a par at $7,500. Other houses dipped slightly below average. "I Am Suzanne" and "Madam Spy" at the Orpheum brought $7,000. Total first run business was $23,250. Average is $24,250. Estimated takings : Week Ending Feb. 7: "CAROLINA" (Fox) ORPHEUM— (2,900), 25c-35c-40c, 7 days. Gross: $7,500. (Average, $7,500) Week Ending Feb. 8: "ROMAN SCANDALS" (U. A.) WORLD— (2,200), 25c-35c-40c, 7 days, 2nd week. Gross: $4,500. (Average, $5,000) "CONVENTION CITY** (F. N.) "WILD BOYS OF THE ROAD" (F. N.) BRANT) EIS— (1,100), 25c-35c, 7 days. Gross: $4,250. (Average, $4,500) Week Ending Feb. 9: "I AM SUZANNE" (Fox) "MADAM SPY" (Univ.) ORPHEUM— (3,000), 25c-35c, 7 days. Gross: $7,000. (Average, $7,250) Looking Over Shorts 'Let* s You and Him Fight {Par amount) A swell "Popeye, the Sailor," car- toon. Popeye fights Bluto, the heavy- weight champion, for his title, and wins it with the aid of his trusty can of spinach. Packed with laughs. Running time, 6 mins. "Dance Parade" {Educational) Featuring the talented youngsters that seem to abound in Hollywood, this short is fair entertainment. The children sing, dance and play various musical instruments, and at times give impersonations of screen stars. This should go well where this type short is liked. Running time, 18 mins. 'Those Were the Days" (Vitaphone) Featuring Harry Meyers, song writer, the Four Eton Boys and sev- eral others, this musical short, built around past and present song hits of Meyers' is fairly entertaining. Run- ning time, 10 mins. "Buddythe Gob" ( Vitaphone) In this, his latest "Looney Tune" cartoon, Buddy is a sailor just ar- rived in China. He rescues a fair Chinese maiden from a dragon, and arouses the ire of the natives. Winds up with the conventional chase. Fairly amusing. Running time, 8 mins. "Flying Bodies" (Paramount) A Grantland Rice Sportlight, fea- turing timing and motion of pole- vaulters, tumblers, skiers and surf- boarders. The reel is worth running for the shots of the tumblers alone. The scenes featuring the skiers are particularly striking. Running time, 10 mins. "The Fighting Priest' (Inter- A merican) A pictorial record of the back- ground of Father Charles E. Cough- lin, this one-reel short proves very interesting. Shots of his church, the Shrine of the Little Flower, the new monument erected by the radio lis- teners' contributions and the broad- casting studio in Detroit are seen. Windup is a talk by the priest him- self. Off screen dialogue by Harlow Wilcox. Running time, 7 mins. "Rip Van Winkle (Educational) One of the "Terrytoons" with an old codger and his dog being chased away from a house by a shrewish old female. They are entertained by the elves in a forest and have a lot of laughs, including a chorus by a group of penguins. Finally Rip is kicked by a mule and sails through the clouds until he lands back where he started. Good kid entertainment. Running time. 6ZA mins. "Davey Jones's Locker" (M-G-M) First of a new series featuring the character "Willie Whooper," and done in Cinecolor, is fair entertainment. The color photography is very well done, but the characters and laughs don't seem to register. The story concerns the trouble Willie and his girl find themselves in when they hook Neptune while fishing, and are pulled below the sea. It winds up with the conventional duel to protect the hero- ine, Willie defeating Davey Jones. Running time, 7^2 mins. "The Devil Doghouse" (Radio) Clark and McCullough up to their usual antics, this time as private de- tectives. The laughs fly thick and fast once Clark starts, but the first few minutes of the film are dull. Run- ning time, 21 mins. "Croon Crazy" (Radio) One of the "Cubby, the Bear" car- toon series, with Cubby as a radio crooner, impersonating various stars of the ether. Got plenty of laughs, particularly the bang-up finish. Run- ning time, 7 mins. "Polynesian Follies" (Imperial) A very interesting travelogue deal- ing with the little known Maori race. The film is perhaps a trifle long and repeats itself in spots, but it manages to keep audience attention. The native songs alone are worth the price of admission. Running time, 26^ mins. "The Little Red Hen" (Celebrity) This is one of the Pat Powers Comi- Color series, and a good one. The red hen goes to the pig, the duck and the mouse to help her and her chicks plant her wheat and gather it. They turn her down. But, when, derisively, she asks them if they will help her eat her bread, do they say "No." In- deed, no. They get the door in their face, and the hen and her brood eat the bread they worked for. Running time, 9 mins. "The Doctor" (Educational) A famous painting — "The Doctor" — with an off-screen narrative describ- ing its origin, starts this short. Mon- tagu Love as the doctor, Helen Mor- gan as the mother, Herbert Rawlin- son as the father and Dorothy Werner as the ill child make up a tableau. The poses are held until the doctor begins to speak, and then Miss Mor- gan breaks into a song at the side of the cradle. The photography is ex- cellent, but Miss Morgan's singing leaves something to be desired. Run- ning time, S]4 mins. "The Expectant Father" (Educational) A laugh riot, as the press agents say. It has timing and a smartly de- veloped story. Ernest Truex works for a big bruiser. Montagu Love, and can't get up his courage to tell him he has to go to the hospital, as his wife is going to have a baby. He finally gets away by a fluke, is arrested, and then hurried across Brooklyn Bridge on the handlebars of a motorcycle cop. He meets Love in the waiting ward. The scenes in this "Carolina" Is $5,000 Smash, Indianapolis Indianapolis, Feb. 15. — "Carolina at the Apollo with a gross of $5,00 doubled the average take and as result is being held over for anothe week. "Gallant Lady" at the Palace, wit a gross of $5,500, was $1,000 over pa for the second best business this weel- "Convention City" at the Circle wa just average and "Madame Spy" a the Lyric was also average with . gross of $6,000. The Indiana with i twin bill composed of "Hips, Hip Hooray" and "Eight Girls in a Boat grossed $4,500, which is the best twii bill business so far. Total first run business was $24,50<". Average without the Indiana is $16, 500. Estimated takings for the week end ing Feb. 10: "CAROLINA" (Fox) APOLLO— (1,100), 20c-40c, 7 days. Gross $5,000. (Average, $2,500) "CONVENTION CITY" (F. N.) CIRCLE— (2,600), 20c-40c, 7 days. Lum 'n Abner on stage. Gross: $3,500. (Average $3,500) "HIPS, HIPS, HOORAY" (Radio) "EIGHT GIRLS IN A BOAT" (Para.) INDIANA— (3,100), 20c-40c, 7 days. Gross $4 500 "MADAME SPY" (Univ.) LYRIC— (2,000), 20c-40c, 7 days. Gross $6,000. (Average, $6,000) "GALLANT LADY" (U. A.) PALACE— (2,800), 20c-40c, 7 days. Gross $5,500. (Average, $4,500) Report New Judell Dew Chicago, Feb. 15. — Reports are cur rent of a new arrangement involving B. N. Judell, Inc., and the local Ma jestic Pictures branch, but those con- cerned locally refuse to talk. room, where all the expectant fa- thers hang out, are one laugh aftei another. Al Christie produced it wit! George Webber doing the photogra- phy. Running time, 21 mins. "She Wronged Him Righf (Paramount) A very amusing "Betty Boop" car- toon, done in the manner of the ok time melodramas, with Betty as the heroine about to lose her home to th< villain. "Fearless Fred" saves her and all ends happily. Running time 7 mins. "Buddy's Show Boat' (Vitaphone) One of the "Looney Tune" cartoon series. Captain Buddy pilots his show- boat down the Mississippi, stages a parade through a town, and then puts on his show. A big deckhand is the menace in his romance. It has a snap- py musical accompaniment and ought to please the kids. Running time, 7 "Horsepower" (Paramount) A very interesting and entertaining Grantland Rice Sportlight dealing with horses. Several shots of Per- cherons hitched in teams are shown, and then the action shifts to Fort Riley where the U. S. Army horse- men perform. Running time, 10 mins. PARAMOUNT^ GEORGE RAFT with CAROLE LOMBARD SALLY RAND • FRANCES DRAKE • The elements that made Ravel's "Bolero" one of the most exciting and popular of modern musical compositions have been translated into the language of the screen . . . There are thrills in the visual interpretation — excitement and emotional appeal . . . and new dances and new music to captivate your audiences. • Bolero presents the private and public life of the world's greatest dancer ... A romantic and adventurous fellow who climbs to success on a ladder of women's hearts... SALLY RAND The Original Fan Dancer of CHICAGO WORLD FAIR FAME For the first time on the screen, dancing her original fan dance. Sensation of sensations. Directed by Wesley Ruggles, who gave you "College Humor" The girl who puts the B.O. in BOLERO "Sally Rand, in her sensa- tional fan dance, proves the fan is quicker than the eye." §r — - - . .. Sally Rands fan dance, front paged into a box-office attraction, is worth the price of admission alone." — Motion Picture Daily *BOX OFFICE "A rating. Positively swell! Don't let anything keep you away," is Modern Screen Magazine's advice about CLARK GABLE and CLAUDETTE COLBERT in Frank Capra's "It Happened One Night." A million dollar scoop! The screen's foremost actor, JOHN BARRYMORE in Broadway's greatest comedy sensation, "20th Century," with Carole Lombard. Based on the play by Ben Hecht and Charles MacArthur. A Howard Hawks production. riday, February 16, 1934 MOTION PICTURE DAILY iarbo Pulls Big $21,000, Philadelphia Philadelphia, Feb. 15. — That the arbo draw still exists in Philly was •oven last week by the $21,000 drawn ' "Queen Christina" at the Stanley the face of the winter's bitterest eather. All the theatres took a lellacking in the last two days with ib-zero weather predominating. Also topnotch for the week was the 17,000 got by "Easy to Love" and uke Ellington on the stage at the arle. The Arcadia, second run house, held /er "Dancing Lady" in lieu of an- :her likely prospect and grabbed off 2.200 for the second week. The cture stayed 13 days in all. Total first run business $78,700. verage is $69,700. Estimated takings for the week end- g February 8: "GALLANT LADY" (U. A.) ALD1NE — (1.300), 40c-55c-65c, 4 days, 3rd :ek. Gross: $3,800. (Average, 6 days, COO.) "DANCING LADY" (M-G-M) ARCADIA— (600). 2Sc-40c,50c, 6 days. 2nd :ek (2nd ru»). Gross: $2,200. (Average, 400.) "DINNER AT EIGHT" (M-G-M) BOYD— (2,400). 40c-55c-65c, 2 days. 2nd -ek (2nd run). Gross: $3,000. (Average, days, $12,000.) "EASY TO LOVE" (Warners) EARLE— (Z.000), 40c-5Sc-65c 6 days, age: Duke Ellington and his Band and vue. Gross: $17,000. (Average, $12,000.) "CAROLINA" (Fox) FOX— (3.000), 30c-40c-65c, 6 days, 2nd :ek. Stage: "Down South" prologue. t>ss: $14,000. (Average, $16,000.) "SONS OF THE DESERT" (M-G-M) KARLTON— (1,000), 30c-40c-50c, 6 days. t>ss: $3,700. (Average. $3,500.) RAINBOW OVER BROADWAY" (Chesterfield) EITH'S— (2,000), 25c-35c-40c, 6 days, ge show. Gross: $6,500. (Average, $7,000.) "QUEEN CHRISTINA" (M-G-M) TANLEY— (3,700), 40c-55c-65c, 6 days, oss: $21,000. (Average, $12,000.) "FUGITIVE LOVERS" (M-G-M) TANTON— (1,700). 30c-40c-55c. 6 days, oss: $7,500. (Average, $7,000.) Carolina," Show, Buffalo, $22,000 Iuffalo, Feb. IS. — The coldest •ather in 14 years, with the official :rcury reading at eight below zero, d its effect on most houses. At the iffalo, however, "Carolina" and iriam Hopkins in person brought in 2.000, or $7,000 above normal. Total take was $51,100. Normal is ",500. Estimated takings for the week end- Feb. 9 : "CAROLINA" (Fox) IUFFALO — (3,500), 30c-55c. 7 days, -ge: Miriam Hopkins, Walter Abel and stin Fairman in "The Affairs of Anatol"; ! & Pete Michon, Chaney & Fox, Jack jor. Gross: $22,000. (Average, $15,000.) "THE CHIEF" (M-G-M) "WHITE WOMAN" (Para.) "ENTURY— (3,000), 25c, 7 days. Gross: •00. (Average, $6,000. "MR. STITCH" (Fox) iREAT LAKES— (3,000). 25c-40c, 7 days ded attraction: "Devil Tiger" (Fox) Jss: $8,000. (Average, $10,000.) "FEMALE" (F. N.) IIPPODROME— (2,100), 25c-40c. 7 days, ige: Wat on Sisters; Rimacs Havana chestra; Pepito; Three Melvin Bros., irhe Mel son & Miss Irmanette; Howe ™rd & AJyce. Gross: $9,200. (Average "BOMBAY MAIL" (Univ.) "HORSE PLAY" (Univ.) AFAYETTE— (3,300), 25c, 7 days. Gross: w. (Average, $6,500.) Cincinnati Cincinnati, Feb. 15. — Club rooms now are in the super de luxe class, having been completely redecorated and refurnished. The club is the talk of the pretentious Netherland Plaza. Harry Frankel ("Singin' Sam" of the ether lanes) regaled the barkers at this week's luncheon. Frankel is appearing at the RKO Palace under direction of Ike Libson, who, incidentally, gave him his first job singing at a nickelodeon here many years ago. Freddie Miller, lightweight boxing champ, gave the members a little talk on the squared circle at the luncheon last week. Harry Silver, non-resident mem- ber of Hamilton, is out of the hospi- tal in his home town, although not yet running any foot races. He spent several days under care of doctors and nurses after returning from Detroit, where he underwent a major oper- ation. E. V. Dinerman ("Dinny" to you), RKO publicity chief, received an engraved wrist watch from Eddie Cantor for outstanding exploitation on "Roman Scandals." He also has a phonograph record from Mae West, entitled "My Cincinnati Man," sent him for some reason or other. "Dinny" has forsaken his abode in the Sinton-St. Nicholas in favor of a bachelor apartment in a fashionable residential district. Noah (Empress) Schecter is on an eight weeks' jaunt through the sunny south, while the local ther- mometer is pegged at sub-zero points. Joe Goetz, divisional booker RKO, an apartment dweller for these many moons, hereafter will be billeted in a suburban residence. Joe claims the apartment so small he had to go out in the corridor to change his mind. Also, the baby daughter must have room for expansion. Paul Krieger, Universal, attended the district meeting in Chicago. Allen Moritz there also for Co- lumbia regional conference. John Schwalm, of Hamilton and so in the non-resident division, spend- ing considerable time in Columbus on exhibitor matters. H. J. ("Pop") Wessell rates as the Beau Brummell of the local club. There is suspicion in some quarters that he might have been an original model for the clothing and collar ads. Cleveland Cleveland, Feb. 15. — The men behind the latest of the Variety Clubs are : J. E. Fontaine. Paramount ; Frank Drew, M-G-M ; Izzie Schmertz, Fox; George Roberts, Fox ; M. B. Horwitz, independent ex- hibitor ; E. C. Flanagan, indepen- dent ; H. M. Addison, Loew's ; Nat Holt, RKO; Nat Wolf, Warners; Harry Howlett, radio station WHK and Fred W. Meir, Cleveland News. Quarters will be in the Statler. Active membership, for the present, will be limited to 85, although the large num- ber of applications received since the club was formed might force the directors to raise the quota. To date 61 applications have been formally passed upon and accepted. More than a score of others are wait- ing action of the membership com- mittee. The first full membership meeting was held in the club rooms Monday. Members were addressed by John Harris, who told them the purpose of the Variety Club and its functions. Another guest of the first meeting was Duke Clark, president of the Variety Club of Columbus, whose remarks were confined princi- pally to his experiences and the work being done by the Columbus unit. Three_ early applications for mem- bership in Cleveland were from Har- LAND HOLMDEN, MaNUS McCAFFERY and Otto Kapl. They are heads of the operators', stage hands' and mus- sicians' unions, respectively. Barker Nat Holt spent most of Friday afternoon walking from the Palace to a trustee meeting being held in the Statler. The reason was that fan dancer. Faith Bacon, was ap- pearing at his theatre, and Nat wanted to make sure she wore enough clothes to keep the "blue noses" satis- fied. So many of the Cleveland gang have signified their intentions of at- tending the Variety Club of Detroit's dinner dance on Feb. 24 that Barker Drew is making arrangements for a private car. Among those planning on attending are Frank Drew, Eddie Fontaine, Fred Meir, Izzie Schmertz, Johnny Hemmelein, Perc Essick, Abe Kraemer, Eddie Brower, George Roberts and Nat Wolf. Probably three of the busiest men in Cleveland the past week have been Barkers Addison, Drew and Meier. This trio was appointed the house planning committee of the club and their principal duty was to see that club rooms were in shape to receive the more than 60 new members who gathered less than a week after the club was formed. The first associate members ac- cepted in the club were Judge Joseph Ackerman, Sheriff John M. Sulz- mann and Howard Dugan. Acker- man was formerly a state senator and during his long political career has always been a staunch friend of theatrical folk. Sulzmann, Cuya- hoga county's white-haired sheriff, is another who has always gone out of his way to champion the cause of show business. Dugan, manager of the_ Statler Hotel, rendered invaluable assistance in having the rooms in readiness for the first meeting. Barker "Addie" Addison almost leaped across the table when one of his brother barkers suggested that the club charge storage for the baby grand piano he is lending the club. None of the Loew houses at present is playing vaudeville or has orches- tras. tart em off A ANDY CLYDE ;n "The Super Snooper" MANAGED MONEY Frolics of Youth with Junior Coghlan and Shirley Temple Coming SPICK N SPANISH A Musical Comedy with BOB HOPE and Leah Ray and the rest of the show is pretty sure to be a success. There's no better guarantee of a happy audience than one of EducationaVs two-reel comedies, with big box-office star names to put in the lights. Father expects a baby . . . and you can expect one of the biggest howls in years . . . when you play ERNEST TRUEX ™ "The Expectant Father" with Montague Love An Al Christie Production ''Swell comedy . . . This one will get 'em from start to finish ... Plenty of action, snappy dialogue, a wealth of laughs, and a good all 'round production." Film Daily. tcotitic tuxl 'HE SPICE OFTHE PROGRAM" PLAYING RADIO CITY MUSIC HALL I Distributed In U. S. A. by FOX Film Corporation The Leading Newspaper^ Picture Industry MOTION PICTURE DAILY Alert, Intelligent and Faithfut Service to the Industry in All Branches . VOL. 35. NO. 40 NEW YORK, SATURDAY, FEBRUARY 17, 1934 TEN CENTS DembowSeeks Cancellation Date Stays; Showdown fori n t i * Rosenblatt Code Denner K.C. Theatres Cuts Newman to 25c. for Dual Bill Programs i Kaxsas City, Feb. 16. — Sam Dem- low's decision to cut Newman scales lo 25 cents at all times for dual bills las caused a sensation among sub- irbans here and is expected to pre- ipitate another effort to settle the Lrgument about duals, giveaways. 10- ient tickets and other problems. For the past three months sporadic itforts have been made to get Loew's Midland to lift its 25-cent scale for jig M-G-M and Loew attractions, but liese have hit the rocks each time itcause suburbans couldn't agree to nd duals and giveaways. The New- an has been taking it on the chin (.Continued on page 2) \iave increased considerably with a otal of 31 and 38 in the cutting rooms, n the short subject division, there are line in preparation and 23 editing. M-G-M, along with Warner-First \ational, heads the list for activity or features, with each reporting five. Mthough the former has no pictures n the final stages of preparation, it pas 11 in the cutting rooms against i.Yarners' three in preparation and (Continued on page 2) Kansas City Faces Brutal Price War Kansas City, Feb. 18. — The most Irastic "price war" within history of Kansas City exhibition is anticipated s a result of the decision by Sam )embow, Publix operating executive, ~> cut the Newman's top from 40 cents o 25 cents, any time, with a policy of (Continued on page 8) Set Up 42 Boards in 21 Cities: 20 Shy of Goal The Key to the Boards How to identify official appointments to code boards: Grievance Boards 1. Representative national distributor, affiliated. 2. Representative distributor, unaffiliated. 3. Exhibitor, affiliated. 4. Exhibitor, unaffiliated. Clearance and Zoning Boards 1. Representative national distributor, affiliated. 2. Representative distributor, unaffiliated. 3. First run exhibitor, affiliated. 4. First run exhibitor, unaffiliated. 5. Subsequent run exhibitors, unaffiliated. Official Personnel of 42 Code Board Set-Ups Buffalo Grievance 1. Sidney Samson, Fox. 2. Jack L. Berkowitz, Monogram. 3. William H. Cadoret, Rochester. 4. J. H. Michaels, Buffalo. Clearance and Zoning 1. Ted O'Shea, M-G-M. 2. Dave Miller, Universal. 3. Vincent J. McFaul, Shea-Para- mount. 4. Charles Hayman, Lafayette The- atre, Buffalo. 5. Sol Raives, Rochester ; Erwin Price, East Aurora. Charlotte Grievance 1. Frank Bryan, Warner. 2. H. H. Everett, Monogram. 3. H. F. Kincey, Paramount. 4. Charles W. Picquet, Pinehurst. Impartial Member — Paul Rousseau, secretary, Merchants' Ass'n. Clearance and Zoning 1. Ira Furman, M-G-M. 2. R. J. Ingram, Columbia. 3. Montgomery Hill, Greensboro. 4. Albert Sotille, Charleston, S. C. 5. J. M. Cregg, Charlotte; W. H. Hendricks, Reedville, N. C. Impartial Member — C. O. Kuester, secretary, Charlotte Chamber of Com- merce. Cincinnati Grievance 1. George Smith, Paramount. 2. Paul Krieger, Universal. 3. W. A. Finney, Loew's. 4. John Elliott, Lexington, Ky. Clearance and Zoning 1. Maurice White. Warners. 2. Allan Moritz, Columbia. (Continued on page 6) Only Minor Changes Appear In Official Board Listings Only minor changes have been made in the personnel of the 42 clear- ance_ and zoning and grievance boards officially announced yesterday as com- pared with the first, tentative draft promulgated by the committee on se- lections and published in Motion Pic- ture Daily on Feb. 9. In the case of the Denver boards not one altera- tion in the set-up was made. In Dallas only one change was ef- fected when Roy L. Walker of Lam- passus, Tex"., replaced A. W. Lilly on (Continued on page 8) Eight Observers Named — Authority to Finish Task This Week Official announcement of 208 names making up 42 clearance and zoning and grievance boards in 21 cities was made yesterday by the Code Author- ity. The boards go into effect imme- diately. Instructions on procedure will be mailed by the authority during the week. With 20 boards remaining, the committee on selections will resume today where it left off last week and continue until the entire country is completed. As reported exclusively by Motion Picture Daily last week, there will only be 31 zones or 62 .boards, New Jersey being combined with New York City. Although the original intention was not to announce boards until impar- tial members were set, the authority only named eight outside members to sit in four key centers. Paul Rous- seau, secretary of the Merchants' Assn', will sit on the Charlotte griev- ance board, and O. C. Kuester, secre- tary of the Charlotte Chamber of Commerce, on clearance and zoning. In Detroit, Kenneth C. Webber, at- torney, will sit on grievances and H. A. Harrington, secretary of Arbitra- (Continued on page 8) Hear Amendments to Legit Code March 21 Washington, Feb. 18. — Amend- ments to the legitimate theatre code will be considered at a hearing tenta- tively set for March 21, the National Recovery Administration stated. Since the legitimate code was writ- ten last September, it was explained by officials, a great deal of experience has been gained regarding code mak- ing, and the agreement is in need of "modernization" in the light of later developments. Most of the amendments, which were offered by the Code Authority, deal with matters of administration, it was said. ■ Chalus Plans to Open U. S. Branch in N. F. Plans to establish an American branch in the French Building in Radio City for distribution of French pictures in this country were revealed by Andre Chalus, directing head of (Continued on page 8) j MOTION PICTURE DAILY Monday, February 19, 193 MOTION PICTURE DAILY (Registered U. S. Patent Office) Vol. 35 February 19, 1934 No. 41 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- CAGO AN. Hollywood Bureau: Postal Union Life Building, Vine and Yucca Streets, Victor M. Shapiro, Manager; Chicago Bureau: 407 South Dearborn Street, Edwin S. Clifford, manager; London Bureau: 6 Brookland Close, Hampstead Garden Suburb, Bernard Charman, Representative; Berlin Bureau: Berlin-Tem- pelhof, Kaiserin-Augustastrasse 28, Joachim K. Rutenberg, Representative; Paris Bu- reau: 19, Rue de la Cour-des-Noues, Pierre Autre, Representative; Rome Bureau: Viale Gorizia, Vittorio Malpassuti, Representative; Sydney Bureau: 102 Sussex Street, Cliff Holt, Representative; Mexico City Bureau: Apartado 269, James Lockhart, Representa- tive; Glasgow Bureau: 86 Dundrennan Road, G. Holmes, Representative; Budapest Bureau: 11 Olaaz Fasor 17, Endre Hevesi, Representative. 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. "Bowery" Prize Winners Carter Baron and Lew Brown of the Palace, Washington, were awarded first prize of $50 in the United Artists contest for the best exploitation cam- paigns on 20th Century's "The Bow- ery" staged by Loew's theatre man- agers, Hal Home, U. A. advertising manager, said Saturday. Second and third prizes of $25 each were awarded to Lester Pollock of Loew's Rochester and H. M. Addison of Loew's State, Cleveland. Sigmund Weltner Dead Sigmund Weltner, 72, father of George Weltner who is assistant to John W. Hicks, vice-president of Paramount International, and a friend of Adolph Zukor's of many years' standing, died Saturday morning of a fractured skull at the Harbor Sani- tarium. Weltner slipped on the ice Thursday. Funeral services will be held today. Petition to Wait Dover, Del, Feb. 18. — Decision was reserved yesterday on a petition filed by Vitaphone before the State Su- preme Court asking modification of the_ court's order in the litigation against Erpi. "Trouble" — Tomorrow Trade showings of "Looking for Trouble," 20th Century-United Ar- tists latest, will be held in all key cities tomorrow, with the local show- ing at the Astor at 11 o'clock. Laemmle Due on Coast Hollywood, Feb. 18. — Carl Laemmle arrives here from New York to- morrow. Insiders' Outlook 'TP HE history of the code and all exchange centers, the prob- * how it works depends largely lem of trying to dope out how to on those 32 grievance boards and fairly represent the territory the same number of clearance served out of Cleveland as well and zoning boards. This is as the city itself. Chicago is B. widely recognized and conceded. & K. -dominated, troubled with a Yesterday Code Authority re- revival of double features. There leased the official personnel of 42 independents are squawking of the 64, set up the clearing about stage show competition in house for complaints for most of circuit houses which sell 'em at the country and gave the men in prices the subsequents cannot the field their most eagerly meet. How to take care of mat- awaited yarn. Notably absent is ters there? You tell us what New York. Runners-up. are board can do it. . . . Cleveland and Chicago. There is y a story behind each. . . . Publicity departments are in- ,T ,r , . , , . censed over the practice of some New York, the nation s biggest forei fan magazines which city, is an extremely complex and use b Hnes on important piayers dl^™Sltuatl°n- >^yith L°eW who don't know a thing about the and RKO the town s largest cir- text until ifa cracks in int The cmts, there enter into a commit- usual procedure; of coursej is for tee-naming job like this many the publicity blurbers to write other factors. Randtorce is the requested copy. Fan editors, spread expansively throughout however, have developed the Brooklyn. There are the Skou- habit of slapping on byIines hav. rases also independent circuits ■ nothi tQ do with the like Bolognino Ochs Springer thereb making well-known and Cocahs. Not only is the names ta]k about k Qther T.O.C X. active for its mdepen- than themselves. An actual in- dent theatre membership, but also stance has tQ do with Garbo and the Independent Theatre Own- Mamoulian. Two different foreign ers Ass n headed by Harry magazines used stories on Garbo Brandt. There is Greater New and made the djrector the author York and upstate to Peekskill to as wdl The text had Mamoulian consider; also northern Jersey, ddvi intQ Greta>s iyate H{e which angled for, but won t get, He>s ed and has protested- . . a board of its own. In other words, it's a man-sized task to ^ name impartial boards that also The old Hollywood custom is will keep the yells down to some in the swing again. Current sort of a minimum. . . . difficulties — some call it a feud— « between Fox and Lilian Harvey In Cleveland, producer circuits results in a studio order to shut are on deck, with the exception down on all Harvey publicity, of Paramount. The Cleveland That contract hasn't much more M. P. Exhibitors' Ass'n, stan- to go. Probably two additional dard-bearer of the independents, pictures, maybe only one includes members very difficult to F°ur sticks out of Hollywood hold in line. There are evidences over trie A- P- on plans to make of phoney buying combinations "Peck's Bad Boy" in sound. in the city, petty jealousies and Good Job on someone's part big ones and, as in the case of KANN Eastman Rises 1% on Big Board Net High Low Close Change Sales Columbia Pictures, vtc 2554 25% 2554 —1 100 Consolidated Film Industries 554 5% 554 +54 40Q Consolidated Film Industries, pfd \7\i 16% 16% -1- 54 800 Eastman Kodak 9354 92 9354 +154 300 Fox Film "A" 17 16% 16% — % 800 Loew's, Inc 3354 3354 — 54 8,400 M-G-M pfd 24% 24% 24% + % 100 Paramount cts 5% 5% 5% — % 4,900 Pathe Exchange 35^ 3% 354 — % 1,900 Pa the Exchange "A" 18 17% 18 + % 500 RKO 454 4 4% + % 23,500 Warner Bros 7)4 754 7% — Vs 5,200 Columbia Up 4% on Curb Net High Low Close Change Sales Columbia Pictures 29 29 29 +454 100 Technicolor 10 9% 10 200 Trans Lux 2% 2% 2% + % 200 Bond Market Advances Net High Low Close Change Sales General Theatre Equipment 6s '40 1154 10% 1154 +1 131 General Theatre Equipment 6s '40 ctf 10% 10 10% + % 46 Keith B. F. 6s '46 6154 6154 6154 + % 1 Loew's 6s '41 ww deb rights 9654 96% 9654 2 Paramount Publix 5%s, '50 49% 4956 49% + % 7 Warner Bros. 6s '39 wd 58% 58 58J4 +54 8 Coast Production Shows Slight Gaii (Continued from page 1) eight cutting. Fox follows clos<^ with four, four and five; Radio h four, two and three; Universal t three and three ; Columbia two, fi and two ; Century one, two and oi while the independent group repot five, seven and three. In the short subject field, M-G- reports three in work, none prepari: and five in the cutting rooms ; Roa has one, three and three; Univers zero, one and one ; Columbia or zero and three ; Radio one, zero ai^ three, while the combined independe: group of studios report seven in wor five preparing and eight in the cuttir rooms. Two RKO Sales Test Scheduled This Wee Chicago, Feb. 18. — A Radio ho: office sales contingent headed Cresson E. Smith, western and souO ern sales manager, and A. A. Sh bart, head of the contract departmen arrive here Monday for a two-d sales conference of mid-western mat) agers at the Drake. Smith will preside at the meetinl with the following in attendance : Waj ter Branson, mid-western district man ager; J. Osserman, Chicago brand manager ; B. J. McCarthy, Da Moines ; T. R. Thompson, Kansa City; A. N. Schmitz, Milwaukee; 1] E. Goldhammer, Minneapolis ; A. M Avery, Omaha ; L. Elman, St. Louil and S. W. Fitch, Sioux Falls. Memphis, Feb. 18. — A Radio sale conference will be held at the Pea body here, Wednesday and Thursda; This will be the third of a series o conferences, the first of which wa held in New York and the second i Chicago. A fourth meeting may b held in the west, dependent on whethe Jules Levy, Radio general sales man ager, completes plans for a studio visi Managers' Party Drawt Washington, Feb. 18. — A larg turn-out of theatre managers an operators of this zone crowded Clu Michel for the Managers' Roun Table party last night. Waiter Moi ris of the Metropolitan was in charg of arrangements. THE MAYFLOWER 61st STREET, (Central Park West) New York City CONVENIENT TO THE FILM AND THEATRICAL CENTER 1-2-3 Rooms. Full Hotel Service FURNISHED OR UNFURNISHED By the Year, Month or Day Serving Pantries Electric Refrigeration JOHN W. HEATH, Manager ALREADY, IN ITS FIRST WEEK HAS TOPPED CHICAGO, SET A NEW HOUSE RECORD IN CLEVELAND, AND RUN SEC OND ONLY TO "FOOTLIGHT PARADE" IN MEMPHIS . . IT IS, AS ADVERTISED i i THIRD HIT IN A ROW FROM WARNER BROS. . i i Hi M MOTION PICTURE DAILY 6 Personnel of 42 Boards as Officially Set (Continued from page 1) 3. Ike Libson, RKO. 4. J. Real Neth, Columbus. 5. Frank W. Huss, Jr., Cincinnati ; W. A. Keyes, Dayton, O. Dallas Grievance 1. L. R. Bickell, M-G-M. 2. Claude Ezell, Monogram. 3. Karl Hoblitzelle, Interstate-Para- mount. 4. Roy L. Walker, Lampassus, Tex. Clearance and Zoning 1. C. E. Hilgers, Fox. 2. E. S. Olsmith, Universal. 3. R. J. O'Donnell, Interstate- Paramount. 4. Harold Robb, Dallas. 5. Paul Scott, Dallas; L. C. Tid- ball, Fort Worth. Denver Grievance 1. Earl Bell, Warners. 2. Jack Langan, Universal. 3. L. J. Finske, Paramount. 4. Burns Ellison, Denver. Clearance and Zoning 1. Joe F. Ashby, RKO. 2. Wayne Ball, Columbia. 3. Rick Ricketson, Fox Rocky Mountain Theatres. 4. H. E. Huffman, General Thea- tres, Inc., Denver. 5. Harry A. Goodridge, Denver ; Ed J. Schulte, Casper, Wyo. Des Moines Grievance 1. E. J. Tilton, Warners. 2. Louis Patz, Universal. 3. H. J. Cavanaugh, RKO Theatres. 4. Cliff L. Niles, Ahamosa, la. Clearance and Zoning 1. B. J. McCarthy, RKO. 2. Joseph Levy, Columbia. 3. A. H. Blank, Tri-State-Para- mount. 4. Ed Ellsworth, Iowa Falls. 5. Julius Geertz, Davenport ; Abe Frankel, Des Moines. Detroit Grievance 1. Fred North, Warners. 2. Sam Seplowin, Monogram. 3. Ed C. Beatty, Butterfield Circuit. 4. Ed E. Kirshner, Detroit. Impartial Member — Kenneth C. Weber, attorney. Clearance and Zoning 1. Nat Levy, RKO. 2. Carl Shalit, Columbia. 3. George W. Trendle, Paramount. 4. James Minter, Owasso, Mich. 5. James C. Ritter, Detroit ; Allan Johnson, Grand Rapids. Impartial Member — H. A. Harring- ton, secretary, Arbitration Committee, Detroit Board of Commerce. Indianapolis Grievance 1. J. Harold Stevens, Paramount. 2. Floyd Brown, Universal. 3. I, M. Halperin, Indiana Theatre. 4. Charles Olson, Indianapolis. Clearance and Zoning 1. George Landis, Fox. 2. Marty Solomon, Columbia. 3. Jack Flex, Loew's. 4. Kenneth Collins. 5. M. Marcus, Fort Wayne; A. C. Zaring, Indianapolis. Kansas City Grievance 1. Ward Scott, Fox. 2. Bennie Benjamin, Universal. 3. Lawrence Lehman, RKO. 4. Jay Means, president, KMTA, Kansas City. Clearance and Zoning 1. Ralph Libeau, Paramount. 2. Harry Taylor, Columbia. 3. Elmer C. Rhoden, Fox Midwest. 4. Peck Baker, Kansas City, Kans. 5. Fred M. Meyn, Kansas City; E. E. Webber, Kansas City. Los Angeles Grievance 1. Jake Milstein, M-G-M. 2. Howard Stubbins, Monogram. 3. Lou Halper, Warners. 4. Ben Berinstein, Pasadena. Clearance and Zoning 1. Carroll Peacock, Paramount. 2. William C. Ritter, Columbia. 3. Jack Sullivan, Fox West Coast. 4. Russell Rogers, Los Angeles. 5. Harry Hicks, George Hanes, Los Angeles. Memphis Grievance 1. T. W. Young, Fox. 2. James Rogers, Columbia. 3. M. A. Lightman, Paramount (Malco Theatres). 4. William Rufrin, Covington, Tenn. Clearance and Zoning 1. Frank Wilingham, M-G-M. 2. W. E. Sipe, Universal. 3. Howard Waugh, Warners. 4. Sidney Nutt, Hot Springs. 5. T. W. Sharp, Little Rock; A. J. Suzore, Memphis. Minneapolis Grievance 1. Moe Levy, Fox. 2. Max Stahl, United Artists. 3. Emil Frank, RKO. 4. Joseph Friedman, St. Paul. Clearance and Zoning 1. Leo Blank, Warners. 2. B. C. Marcus, Columbia. 3. John J. Friedl, Paramount. 4. lack Haywood. North Richmond, Wis. 5. O. A. Lee, Minneapolis ; Fred V. Holzapfel, Minneapolis. New Haven Grievance 1. Nathan Furst, Warners. 2. E. Rogovin, Columbia. 3. George Cruzen, Paramount. 4. J. B. Fishman, New Haven. Clearance and Zoning 1. A. M. Kane, Paramount. 2. Morris Joseph, Universal. 3. I. J. Hoffman, Warners. 4. Arthur Lockwood, Middletown. 5. Adolph Johnson, New Haven ; Martin Kelleher, Hartford. New Orleans Grievance 1. Guy Brown, RKO. 2. Houston Duvall, Columbia. 3. Norman Carter, Saenger The- atres. 4. Bert Kiern, New Orleans. Impartial Member — Herbert J. Schwartz, president, Maison Blanche (department store). Clearance and Zoning 1. Luke S. Connor, Warners. 2. Paul Tessier, Universal. 3. Rodney Toups, Loew's. 4. Harry McLeod, New Orleans. 5. Joseph Alsina, New Orleans ; Joseph Barcelona, Baton Rouge. Impartial Member — W. H. Alexan- der, president, L. Fiebleman Co. (de- partment store). Oklahoma City Grievance 1. Otto Rode, Warners. 2. Sol Davis, Monogram. 3. R. M. Clark, Oklahoma City. 4. Fred Pickrel, Ponca City. Impartial Member — Judge Albert C. Hunt, former chief justice, Okla- homa Supreme Court. Clearance and Zoning 1. F. A. Higdon, Fox. 2. L. F. Stocker, Columbia. 3. Pat McGee, Paramount. 4. Ralph Talbot, Tulsa. 5. M. Lowenstein, Oklahoma City ; W. P. Morgan, Tulsa. Impartial Member — F. C. Morey, vice-president, Tradesman National Bank, Oklahoma City. Omaha Grievance 1. A. Mendenhall, Paramount. 2. Jerry Spandeau, Universal. 3. Will Singer, RKO. 4. Walter Creal, Omaha. Clearance and Zoning 1. A. N. Avery, RKO. 2. D. V. McLucas, United Artists. 3. Ralph Branton, Tri-State — Para- mount. 4. H. F. Kennedy, Broken Bow, Neb. 5. C. E. Williams, Omaha ; Sam Epstein, Omaha. Pittsburgh Grievance 1. Ben Kalmenson, Warners. 2. B. M. Stearn, United Artists. 3. M. J. Cullen, Loew's. 4. Dr. C. E. Herman, Carnegie. Clearance and Zoning 1. J. J. Maloney, M-G-M. 2. — James Alexander. Monogram. 3. Harry M. Kalmine, Warners. 4. Frank Harris, Harris Amuse- ment, Pittsburgh. 5. Alex S. Moore, Pittsburgh ; Joseph Weiss, McKeesport. [Editor's Note — Ben Kalmen- son has been transferred to the Warner theatre department in Pittsburgh. Charles Rich, former salesmen in Washington, succeeds him as branch manager. This- probably will mean a change in this board.] Portland, Ore. Grievance 1. C. F. Powers, Fox. 2. Howard Mapes, Star Film. 3. J. J. Parker, United Artists. 4. Guy Matthews, The Dalles, Pre. Clearance and Zoning 1. Louis Amacher, M-G-M. 2. James C. Beals, Columbia. 3. Al Finkelstein, Evergreen Cir- cuit. 4. Andrew Sasso, Portland. 5. George Jackson, Portland : Wil- liam Cutts. Portland. St. Louis Grievance 1. B. B. Reingold, Fox. 2. Barney Rosenthal, Premiere Pic- tures. Monday, February 19, 193 German Productio Under Gov't Thuml Beklin, Feb. 18. — German pictur came completely under the dictati of the propaganda ministry yesterd with the passage of a measure auth' izing the ministry to censor or \f scripts prior to their being placed production. "Hitherto, film censorship has b<: negative," the authorizing did stated. "Hereafter, the new state w assume entire responsibility for fV production. Only by intensive advi and supervision can films runni contrary to the spirit of the times kept off the screen." Austria Is Quieting; Theatres Reopenin Theatre in Vienna and suburbs we prepared to reopen over the week er while houses in other principal cit; of Austria were in operation Frid night, home office foreign departmer here were advised by cable on Sati; day. Virtually every theatre in Al tria was reported closed last week the height of the Socialist rebelli and a number of Vienna theatres we said to have been damaged by machi gun fire and vandalism. Vienna is still under martial lz but is rapidly resuming normal acti* ties, according to the cabled repor To Probe Free Shows Charles L. O'Reilly, Ed Kuyke dall and S. R. Kent have been a pointed a committee to investiga complaint of the Park, Newburg N. Y., against free shows at t Armory in that city. The three m will take their findings to the CW which is operating the free she house. 3. Leto Hill, St. Louis Amuseme Co. (Warner). 4. Louis Ansell, St. Louis. Clearance and Zoning t 1. Maurice Schweitzer, Paramoui 2. Clarence D. Hill, Columbia. 3. Harold W. Evans, Loew's. 4. Clarence Turley, St. Louis. 5. Fred Wehrenberg, St. Louis : J. Kaiman, St. Louis. Salt Lake City Grievance 1. T. J. Walsh, RKO. 2. Irving Schlank, United Artis 3. Harry David. Louis Marcu Paramount. 4. C. E. Huish, Eureka, Utah. Clearance and Zoning 1. Charles L. Walter, Fox. 2. Jack Rue, Universal. 3. Lou Marcus, Paramount. 4. B. F. Thatcher, Logan. 5. Joseph Lawrence, Salt Lak< John Gillette, Toole, Utah. Seattle Grievance 1. Neal East, Paramount. 2. L. N. Walton, Columbia. 3. Al Rosenberg, Evergreen Circu 4. John Hamrick, Blue Mouse Th atre, Seattle. Clearance and Zoning 1. Ed. Lamb, RKO. 2. L. J. McGinley, Universal. 3. Frank Newman, Fox We Coast-Evergreen. 4. J. G. Von Herberg, Seattle. 5. George Endert, Seattle; To! Danz, Seattle. -and again I UNIVERSAL NEWSREEL scoops the field! I —This time with the I first showing of the j sensational riots in ! the heart of Paris! SIX SCOOPS IN A ROW! 8 MOTION PICTURE DAILY Monday, February 19, I? Only Minor Changes Appear In Official Board Listings 42 Boards, 20 Shy of Goal, Are Set Up {Continued from page 1) tion Committee of the Detroit Board of Commerce, on clearance and zoning. In New Orleans, Herbert J. Schwartz, president of Maison Blanche, will act on grievances, and W. H. Alexander, president of L. Fiebelman Co., on clearance and zoning. In Oklahoma City, Judge Albert C. Hunt, former chief justice of Okla- homa Supreme Court, is designated for grievances and F. C. Morey, vice- president of Tradesman National Bank, that city, for clearance and zoning. 10 More to Go Territories yet to be set up are Albany, Atlanta, Boston, Chicago, Cleveland, Milwaukee, New York City, Philadelphia, San Francisco and Washington, D. C. Boards for these cities are expected to be completed this week, prior to the next meeting of Code Authority Feb. 26, when Ed Kuykendall will preside. The author- ity is expected to approve and an- nounce the 20 remaining boards next Sunday. Additional impartial mem- bers also will be announced after the next session. Confirming Motion Picture Daily's exclusive story of recent date is the official announcement that only one secretary will act for both boards in each city. Total membership of the boards, therefore, will number 372 when completed. Clearance and zoning boards will use the present schedules as a basis for new schedules, while complaints and suggestions for improvement should be submitted to local boards, Code Authority urged. Recommenda- tions for changes are now being sought before schedules for the new selling season are printed. Suit by Allied against the authority has again been postponed, this time until March 1 . Argument will be heard before Judge Bondy in the U. S. Dis- trict Court. While no word has been received, deadline on assents may be moved up as a result. Protests against official names set- up by the authority will be taken under advisement by the body and, if changes are necessary, they will be made, it was stated yesterday. Secre- taries will be appointed by the author- ity from recommendations received by the various boards. Allied Owners in Another Court Suit Allied Owners Corp., bankrupt theatre contracting concern, has been made defendant in a suit filed in Fed- eral court, Brooklyn, to foreclose a first mortgage on the Paramount, Kings and Pitkin, in Brooklyn, the Valencia in Jamaica, and the Para- mount, Birmingham. The theatres were constructed by Allied Owners under an agreement with Paramount Publix, which leased them. The action was brought by Manu- facturers' Trust Co., trustee for a bond issue of $9,127,500, in default since July 1, 1933. The bank contends in its complaint that $500,000 in taxes on the theatres are past due and un- paid. (Continued from page 1) grievance personnel. Los Angeles's clearance and zoning board was changed with George Hanes being put on in place of Robert D. Whitson. The same board for Memphis saw one change, Frank Willingham of M-G-M being moved off the "distributor with- out affiliation" listing for Page Baker of Radio. The grievance board of Salt Lake City was practically ap- proved as written except for Henry David of the Marcus-Paramount cir- cuit replacing Ray Hendry of Para- mount. As in the instance of Salt Lake City some names have been changed but the company affiliation remains the same. In other cases, independent ex- hibitors without affiliation have been switched around. In still other cases men have swapped positions on, the two boards. Other changes noted in the official release of approved names are as fol- lows : Buffalo — Sydney Samson, Fox, replaces Kenneth Robinson, Paramount, and Jules H. Michaels takes the place of Erwin Price on the grievance board. On the clearance and zoning, Ted O'Shea. M-G-M, replaces Samson, and Price succeeds Michaels. Charlotte — Changes in the grievance board have Frank Bryan of Warners instead of J. J. Grady, Fox, and H. F. Kincey, Para- mount, for Montgomery S. Hill, Paramount, Paul Rousseau has been named the im- partial member of this board. He is sec- retary of the Merchants' Ass'n. The clear- ance and zoning board shifts have Hill for Kincey and W. H. Hendricks replacing Sam W. Carver. C. O. Quester, secretary, Charlotte Chamber of Commerce, is the impartial member of this board. Cincinnati — John Elliott of Lexington, Ky., replaces Andy Hettesheimer on the grievance board. W. A. Keyes of Dayton succeeds R. E. Myers. Des Moines — H. J. Cavanaugh, RKO. re- places Morgan Ames, RKO. and Cliff L. Niles of Ahasmosa, la., is in place of E. D. Ellsworth on the grievance set-up. A. H. Blank, Tri-State-Paramount, re- places Ralph Branton, Paramount, on the clearance and zoning. Ellsworth has been moved in for Tom Brown, and Julius Geertz of Davenport replaces Niles. Detroit — Grievance board changes have Sam Seplowin, Monogram, replacing J. L. Saxe. Ed. C. Beatty definitely set as the affiliated member and Ed Kurshner ap- pointed to the post formerly open. Kenneth C. Webber, attorney, is the impartial mem- ber. On zoning, Nat Levy. RKO, replaces J. E. Flynn, M-G-M. James Minter, Owasso, Mich., and Allan Jenkins. Grand Rapids, are named to posts formerly open. H. A. Harrington, secretary of the arbi- tration committee of the Detroit Board of Commerce, is the impartial member. Indianapolis — Grievance change has I. M. Halperin in the post originally planned for Jack Flex. The latter, however, gets the open assignment on the clearance and zon- ing board, which also finds Kenneth Collins definitely appointed to the post in which he is opposing Halperin. Kansas City — Bennie Benjamin, Universal moves out William Troug. TJ. A., on the grievance committee, and Peck Baker re- places Ed Dubinsky on the clearance and zoning. Los Angeles — George Hanes takes the place of Robert D. Whitson on the clearance and zoning. Minneapolis — Moe Levy. Fox, has ousted Jack Lorentz, Fox, and Emil Frank, RKO, gets the post originally open on the griev- ance. Jack Havward, North Richmond. Wis . replaces Bennie Berger. Allied of N. W., on clearance and zoning. New Haven — I. J. Hoffman is on the clearance and zoning board instead of his brother. B. E. Hoffman, Warners. Arthur Lockwood, Middletown, replaces Louis M. Sagal. Martin Kelleher of Hartford has been put on in place of Arthur H. Lockwood. New Orleans — Guy Brown. RKO. replaces L. S. Conner. Warner; Norman Carter. Saenger, for Rodnev Toups. Loew's; and Burt Kiern for W. J. Salles on grievance. Herbert J. Schwartz, president of Maison Blanche, is impartial member. On zoning, L. Conner, 'or C. J. Briant, M-G-M; Toups, for Maurice F. Barr, Saenger; Joseph Bar- celona, Baton Rouge, for B. Kiern. W. H. Alexander, president of L. Fiebleman Co., is impartial member. Oklahoma City— Sol Davis, Monogram, re- places Tom Benjamin, Amity, on grievance. Judge Albert C. Hunt, former chief justice of the Oklahoma Supreme Court, is impar- tial member. F. C. Morey, vice-president of Tradesman National Bank, this city, is impartial member of the clearance and zoning board. Omaha— Will Singer, RKO, replaces Mor- gan Ames, RKO, on the grievance group, and H. F. Kennedy of Broken Bow, Neb., is on the clearance and zoning instead of Calvin Bard, Lincoln. Neb. Pittsburgh— J. J. Maloney. M-G-M, re- places Harry Goldstein, Paramount; James Alexander, Monogram, is on instead of Jo- seph S. Skirball, Majestic, on clearance and zoning board. Portland— Guy Matthews replaces Ted Gamble on grievances. Al Finkelsteic Evergreen Theatres, ousted Homer Gill, and William Cutts replaces Bob White on clear- ance and zoning. St. Louis— B. B. Reingold, Fox. for Mor- ris Schweitzer, Paramount, on grievances. Maurice Schweitzer, Paramount, for B. Reingold. and C. H. Kaiman for S. S. Pirtie on clearance and zoning. Seattle— Al Rosenberg. Evergreen Thea- tres, replaces Albert Finkelstein on griev- ances. George Endert is on instead of Hugh Bruen and John Danz for L. O. Lukan on clearance and zoning. Chalus Plans to Open U. S. Branch in N. Y. (Continued from page 1) Film Union, S. A., distributors_ of Radio pictures in France, Belgium and Switzerland, before embarking Saturday on the Paris for home after conferences here and on the coast on the new season's product. Valdemar D. Bell, Chalus's representative in the United States, will be temporarily in charge with the possibility he may remain permanently in the post. The venture, it was said by Chalus, has no affiliation with Radio in any way. F. and M. Expansion Plans Are in Making Conferences were held all of the last week and will continue for the next few days between Mike Marco, Harry C. Arthur and Jack Parting- ton in St. Louis on operations of F. & M. Talks pivot about the contem- plated acquisition of six houses from Fox West Coast over which much trouble has arisen in the last few weeks. Marco will return to the coast from St. Louis following the sessions while Arthur and Partington will head for New York. The circuit is slated to take over the Missouri in St. Louis shortly, but the Skouras deal may fall through with the FWC pact. F. & M. now operate the St. Louis and Fox in St. Louis. Name 3 of Committee Marcus Heiman, William C. El- liott, and Frank Gillmore have been named bv the legitimate theatre Code Authority to act as a committee of three in conjunction with O'Reilly. Kuykendall and Kent on free radio shows. The Radio Code Authority has not yet named its trio. Eighty- five thousand attend free radio shows in 18 cities weekly, it is stated by Film Code Authority. Station WMCA is latest local out- let to seek a theatre. Kansas City Faces] Brutal Price Wa (Continued from pane \) two first run features, beginning ru Friday. One of the direct results, it is ported, will be action by Fox Midv. to meet the competitive situation. T. circuit recently informed independ; suburbans that, unless they institu regulatory measures, it would cut ; 40-cent top at the first-run Uptowir 25 cents and inaugurate double billi Also, that it would slice the price the Plaza, on a mixed policy of fi and first suburban runs, from 25 ce to 15 cents, plus double bills. Chan, in policy at Fox theatres are expec directly. "U" Sales Meetings Held at Two Poin Kansas City, Feb. 18.— E. Gomersall, Universal western ss manager, concluded a sales confere here yesterday at which sales exp< ences with current season's prod and suggestions for next season w invited. The conference follows s gestions made by Carl Laemmle ; J. R. Grainger, general sales manag at a meeting w:ith home office ; i eastern sales executives in New Y< last week. Attending yesterday's meeting hi were Edward S. Olsmith, Dai: branch manager; R. I. Payne, 01-' homa City; William Benjamin, K sas City ; Louis Patz, Des Moin J. E. Garrison and John Rue, S Lake City, and J. J. Spandau, Oma Gomersall met with mid-west' representatives at Chicago Friday. Washington, Feb. 18. — Sig W man, Universal eastern district m ager, met here today with Edw Heiber, branch manager, with si representatives on product perfoi ances this season and plans for n year. Wittman confers with M. Landow, Philadelphia branch manac tomorrow. Yesterday he conferred Pittsburgh with A. Barnett, brai manager there ; Dave Miller, Buffa Saul Reznick, Cleveland, and P Krieger, Cincinnati. NOW YOU CAN SEE THEM ON THE SCREEN I For State Rights and Dates JEWEL PROD. 723 7th Ave., N. V The Leading Newspaper of the Motion Picture Industry MOTION PICTURE DAILY Alert, Intelligent and Faithful Service to the Industry in All Branches OL. 35. NO. 42 NEW YORK, TUESDAY, FEBRUARY 20, 1934 TEN CENTS Exhibitors in I. C. Agree to ind Price War ote to Ban Giveaways And Other Practices Kansas City, Mo., Feb. 19— At a y-wide exhibitors' meeting today, was voted to meet the demands of iwntown houses and eliminate price asions which caused Sam Dembow Paramount to declare a price war Ire. It was decided at the gather- g, which was called by Jay Means, T. O. head, to abandon all kinds ot iveaways, two-for-ones, passes, cou- tas. lotteries, 10-cent nights and milar practices. 'Doubles, it was decided, should be (Continued on page 6) lukor, Hays Called [n Rembusch Trial Adolph Zukor and Will H. Hays e scheduled to take the stand today the trial of the $2,000,000 anti- ust suit brought against major com- .nies and the M. P. P. D. A. by -ank Rembusch, former Indianapolis :hibitor, now in its second week of ial before Federal Judge Alfred M. ixe here. Defense attorneys have nsented to produce the two as wit- :sses. The trial yesterday was high- .drted by the reminiscences of Ivan (.Continued on page 7) >t. Louis Decision Goes to Operators St. Louis, Feb. 19.— Dr. William . Patton, neutral arbitrator in the orators' wage dispute, has decided favor of the union, and has made | s ruling retroactive to Sept. 1, al- ,iough the code did not become effec- ce until Dec. 7. Under this decision wages of two aerators in each of 32 independent (Continued on page 7) ]reel Takes Hand For Studio Labor Hollywood, Feb. 19. — Climaxing a pries of complaints from studio nions and organized extra groups, larging inactivity by the recently ap- ointed Studio Labor Board, George (Continued on page 7) Who? What? When? rHE code, what it will be and what happens to it, is largely in the hands of the men who make up grievance and clearance and zoning boards. Who are they? What have they done? What's their experi- ence? Motion Picture Daily answers the questions, beginning today, in an historical series that throws the spotlight on Code Authority representatives who, from this point on, will administer the code in their territories. Los Angeles, Minneapolis and Seattle are covered in the opening instalment. Others will follozv daily until the entire country is KAN N blanketed. Los Angeles, Feb. 19. — J. J. ("Jake") Milstein, representing af- filiated national distributors on griev- ances, is M-G-M's manager here and has held that post since Jan. 2, 1928. Born in Denver in 1897, he was edu- cated at the Denver High School and Denver University. His war record includes service with the coast artil- lery, New York, during the World War. Milstein entered films as an inspec- tor for Vitagraph, successively be- coming booker and salesman, the lat- ter job first getting under way with Fox. He opened the Pittsburgh branch for Associated Producers and the Washington office for American Releasing Corp. First joining M-G-M as a Baltimore salesman on May 3, 1926, Milstein went to a coast con- vention in 1927 and remained there an assistant to George Hickey until his apnointment in charge of the office in 1928. Howard Stubbins, representing un- affiliated distributors on grievances, is manager of the Monogram exchange here as well as part owner with Floyd St. John. He has been in the business 15 years and is one of the original Monogram franchise-holders. Lou Halper, representing affiliated exhibitors on grievances, is general manager of the Warner circuit in Southern California. The company operates 12 theatres, two of which, the 900-seat Rose in Santa Barbara and the 2,400-seat Western between Holly- wood and Beverly Hills, are currently dark. Halper's activities embrace the Beverly Hills, seating 1,611; the Hol- lywood, seating 2,800 ; Huntington Park, seating 1,500; Downtown, Los Angeles, seating 1,800; Forum, seat- ing 1.800; Ritz, San Bernardino, seat- ing 700; the San Pedro, seating 1,600; and the California, 900 ; Granada, 1.700, and Mission, 1,000, the latter three in Santa Barbara. Bex Berin stein, representing un- affiliated exhibitors on grievances, is president of the Independent Theatre Owners Ass'n. of Southern Califor- nia, which functions locally and with no national exhibitor affiliation al- though Berinstein's leanings are de- (Continued on page 4) Charges Wide Smoke Screen By Agitators New Haven, Feb. 19. — Professional agitators are working behind a nation- wide smoke screen to impose political censorship on the industry, it was charged here today by Charles C. Petti iohn, general counsel for the M.P.P.D.A., before the New Haven Bar Ass'n. at the Yale Law School. "The smoke screen," he declared, "is the alleged evil of block booking, a business practice passed upon by the courts, accepted with proper limita- tions in the industry code approved (Continued on page 7) Ohio Theatre Men Backing Unit to Full Columbus, Feb. 19. — On the basis of a quick survey, there is greater enthusiasm and pledges of whole- hearted cooperation apparent in ex- hibitor ranks of the Independent Theatre Owners of Ohio, formally launched here late last week, than has been the case in any similar organiza- tion in recent years. Secession of the independent faction from the Ohio M.P.T.O., and discon- tinuance of the Independent M. P. Exhibitors of Ohio, formed here in (Continued on page 7) Yamins Files Complaint On Board Choices Insists All MPTOA Men Are "A ffiliated" Nathan Yamins, Code Authority member, has filed a brief with that body protesting the method followed in selecting members of local clearance and zoning and grievance boards, con- tending that independent factions have insufficient representation on the boards, it was learned yesterday. Yamins' brief suggests that a dis- tinct division should be drawn be- tween M.P.T.O.A. members who are named to the boards and "independ- ents," and asked that nominees ap- proved as qualified independents be placed on the boards in the same ratio as all other members of the boards combined. The brief maintained that grievance boards should contain two "qualified" independents as against (Continued on page 6) Telegrams Pour in On Board Choices About 50 telegrams of congratula- tions were received yesterday by Code Authority members who have been working on compilation of clearance and zoning and grievance boards lists. The wires were received from vari- ous parts of the country, despite the fact that publication of the names was limited to New York. Here's what accounts for the out-of-town mes- sages : Upon official release of the 42 boards yesterday by Code Authority, (Continued on page 6) Code Assents Total Is Placed at 7,512 Unqualified assents received by Code Authority in the last four days totaled 35, bringing the former figure of 7,477 to 7,512._ The sum total ex- pected at expiration of the time limit is more than 8,000. Last day for mail- ing compliance is Feb. 28. Hearings on Today On Alien Talent Bill Washington, Feb. 19. — Hearings will open tomorrow before the House Immigration Committee on legislation introduced by Representative Dick- (Continned on page 2) MOTION PICTURE DAILY Tuesday, February 20, 19; MOTION PICTURE DAILY (Registered U. S. Patent Office) Hearings on Today On Alien Talent Bill Vol. 35 February 20, 1934 No. 42 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- Knf: MOTION PICTURE HERALD, BETTER THEATRES, THE MOTION PICTURE ALMANAC and THE CHI- CAGOAN. . . , Tt . t if. Hollywood Bureau: Postal Union Lite Building, Vine and Yucca Streets, Victor M. Shapiro, Manager; Chicago Bureau : 407 South Dearborn Street, Edwin S. Clifford, manager; London Bureau: 6 Brookland Close, Hampstead Garden Suburb, Bernard Charman, Representative; Berlin Bureau: Berlin-Tem- pelhof, Kaiserin-Augustastrasse 28, Joachim K. Rutenberg, Representative; Pans Bu- reau: 19, Rue de la Cour-des-Noues, Pierre Autre Representative; Rome Bureau: Viale Gorizia, Vittorio Malpassuti, Representative; Sydney Bureau: 102 Sussex Street, Cliff Holt Representative; Mexico City Bureau: Apar'tado 269, James Lockhart, Representa- tive; Glasgow Bureau: 86 Dundrennan Road, G. Holmes, Representative; Budapest Bureau: 11 Olaaz Fasor 17, Endre Hevesi, Representative. 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. Joe Weber at. Cheese Joe Weber of Weber and Fields fame will review his career on the stage as the principal speaker at the Broadway Cheese Club luncheon to- day at Leone's Restaurant. Also on the program are Bob Ripley and Ed- ward Marks, the music publisher. Harry Hershfield will preside. Canzoneri May Go Films Tony Canzoneri leaves for the coast Friday and will mull over several film offers made to him through his agent, Joe Rivkin of the Leo Morrison of- fice. Rivkin is also handling Max Baer, another fisticuffer. "Bar" in Trouble in Va. Richmond, Feb. 19. — First Nation- al's "Wonder Bar" has felt the cen- sors' shears here and is being denied a license in this state pending a clean bill of health. Elliott to Coast William C. Elliott, president of the I. A. T. S. E., leaves for Hollywood tomorrow for conferences with vari- ous labor officials. Keaton Finishes First Buster Keaton has just completed his first short for Educational and starts on his second in three weeks. ARNCO FILMS, INC. Announces FREE REDUCTION 35 MM SOUND ON FILM 16 MM SOUND ON FILM 1270 6th Avenue, N. Y. C. CI 7-0283 (Continued from page 1) stein of New York to admit foreign actors to this country under an amend- ment to the immigration law applying the contract labor provisions to such persons. It is claimed by Dickstein that the change in the law will not remove protection from American artists, nor will impose any serious restrictions upon producers seeking foreign talent. It was pointed out that under the proposed legislation employers would be required to convince only the De- partment of Labor of the need for foreign talent and would not, as at present, have to convince consuls abroad, who now control the entry of foreign actors and musicians. Regu- lations are provided that foreign talent may be imported only if labor of a like kind cannot be had in this coun- try and that such persons shall be con- sidered actors only if of "distinguished merit and ability" or if their engage- ment is of a character where "superior talent" is required. Representatives of producers, actors and dramatists are to appear at the hearing, including Charles Petti john of the Hays organization; Frank Gill- more, head of Actors Equity, Marc Connolly and Irene C. Crisp. Gomersall Promises Full "U" Schedule Kansas City, Feb. 19. — Universal will deliver its full list of 36 features promised for this year, declared E. T. Gomersall, western division manager, at a meeting of district and branch managers here. Gomersall said the meeting was called to discuss the balance of this season's list. Among those present were : W. J. Heinemann, west coast division man- ager ; Harry Graham, southwest divi- sion manager, and the following branch managers: William Benjamin, Kansas City ; Louis Patz, Des Moines ; J. J. Spandau, Omaha ; J. E. Garrison, St. Louis ; R. I. Payne, Oklahoma City ; Edward S. Olsmith, Dallas, and E. E. Gruenberg, Sioux Falls. Goldwyn to Harvard Cambridge, Feb. 19.— Sam- uel Goldwyn will come here by plane Wednesday to be the luncheon guest of Prof. Georges F. Dariot, dean of the Graduate Business School of Harvard, and to meet the faculty. He will discuss in- dustry problems. Para. Bondholders Get New Concessioi Flash Previews "Registered Nurse" (Warners) Hollywood, Feb. 19. — Neat direc- tion, casting and tempered perform- ances fortify "Registered Nurse" with plenty of interest. The picture is hu- man, sincere. "Harold Teen" ( Warners) Hollywood, Feb. 19.— Mildly amus- ing, has some gay scenes, and may please followers of the cartoon strip Reviews of these films will appear in full in a later issue of Motion Picture Daily. "Shadows of Sing Sing," yesterday's opener at the Mayfair, was reviewed Feb. 13. Berman Now in Charge Hollywood, Feb. 19. — Pandro Ber man will remain in charge of all pro duction at Radio during the absence of Merian Cooper, who is returnin to the studio as vice-president in charge of production. On Cooper's re- turn, it is announced, Berman will act merely in an advisory capacity, center- ing attention on his own units. Hit Arbitration Dover, Del., Feb. 19. — The princi pal argument advanced by Vitaphone for the right to continue its litigation against Erpi in court, as against ar- bitration, is the claim that arbitration has broken down and the court offers its onlv recourse. Batcheller Coming Hollywood, Feb. 19. — George Batcheller, head of Chesterfield Pro ductions, will start east Friday. Stocks on Big Board Slip Net High Low Close Change Columbia Pictures, vtc 25*4 25*4 25*4 — 54 Consolidated Film Industries 5*4 5*4 5*4 — 54 Consolidated Film Industries, pfd 17*4 16J4 1654 '— *4 Eastman Kodak 93 92 92 —154 Fox Film "A" 17 16*4 16*4 — 54 Loew's, Inc 3354 3254 32% — 34 M-G-M, pfd 247/g, 2V/s 24% Paramount, cts 554 5 554 — 51 Pathe Exchange 3*4 3 3*4 — 34 Pa the Exchange "A" l7Vs 16*4 1654 —134 RKO 4*4 3% 37As — 54 Warner Bros 754 7*4 7*4 — 54 Technicolor Drops V2 on Curb Net Hieh Low Close Change Technicolor -9Vi 954 954 — % RKO Bonds Slump 4 Points Net Hi^h Low Close Change General Theatre Equipment 6s '40 13 1154 H54 — 54 General Theatre Equipment 6s '40. ctf 1154 1054 1054 — 54 Keith B. F. 6s '46... : 62*1 60*4 62*4 +1 Loew's 6s '41, ww deb rights 9654 96*4 96*4 Paramount Broadway 5*4s '51. 37 37 37 Paramount F. L. 6s '47 48 48 48 — 54 Paramount Publix 5*4s '50 : 49*4 48 48 —1*4 RKO 6s '41, pp 34*4 34 34 -A Warner Bros. 6s '39, wd 59 ■ 58 58 — 54 Sales 500 1,500 1,600 400 1,000 16,700 100 29,100 6,700 2,600 23,200 10,200 Sales 500 Sales 112 55 A ruling by which Paramount Pt! lix bondholders who failed to fi ' claims against the bankrupt est; within the specified time limit, whi expired last Sept. 1, may have th. bond claims included under a blaul claim of the Chase National Bank, : trustee, for the full amount of tx bond issues, has been made by Refer Henry K. Davis. The Chase Bank as trustee for tl two bond issues aggregating more th; $25,000,000 filed claims against Par mount Publix for that amount pi more than $1,000,000 in defaulted i terest. Individual claims of bon holders aggregating approximate $24,168,000 had been filed up to Sei j 1. Referee Davis's ruling permits tl unfiled individual claims amounting $1,682,000 to remain as part of til blanket claim filed by the Chase Ban No Decision Yet on Two Para. Partner No decision on the next meeting Paramount theatre operating partne has been reached yet. Ralph Kohn, head of the theatre departmei said yesterday following his retu from the meeting of western partne held at Des Moines last week. Two meetings are yet to be he' one of New England partners, pro ably at Boston, and another of jni western partners, which may be he in Chicago. The first of the two me< ings will be called within the next t\ weeks. Each is to elect a territori partner to the Paramount national th atre advisory committee of six, whi already includes E. V. Richarc south ; Karl Hoblitzelle, southwes A. H. Blank, west, and N. L. NathaJ son, Canada. Para. Boosts Lange And Nathan Abroa Fred W. Lange, who has been ma aging director for Paramount in A gentina for the last seven years, h been advanced by the company to t post left vacant by the resignation I. Blumenthal as general distribute manager in continental Europe. Lan is now on his way to Paris to a sume his new duties. He will succeeded by John B. Nathan, fc merly Paramount's general manag in Central America and the northe republics of South America. Another change announced by Jo! W. Hicks, Jr., vice-president of Par mount International Corp., from Pai by cable is the resignation of Ga Schwartz, who has been in charge the laboratory at Paramount's Joi ville studio. Paramount Against Return of Striker Paramount will refuse to re-empl< 17 ushers involved in the strike at t Paramount, Stapleton, S. L, on t grounds that the walk-out constirufr an infraction of a code provision und which labor agrees to submit its di pute to arbitration before calling strike, Charles C. Levey, secretar treasurer of Local 118, Building Ser ice Employes Union, was advised ye terday by Louis Phillips of the Par mount legal staff. Levey said 1 would petition the Regional Lab' Board for further relief. THE GREATES IN FLORIDA HISTORY WAS THUNDERING SALUTE TO THE PUBLICITY PREMIERE OF AT SPARKS' COMMUNITY THEATRE SUNDAY IN PREPARATION FOR THE SELECTED EASTER WEEK ENGAGEMENTS OF WARNER BROS.' SOLID GOLD ENTERTAINMENT (M. P. Herald, Feb. 17th) It A First National Picture Vitagraph, Inc., Distributors MOTION PICTURE DAILY Who? What? When? 4 (Continued from page 1) cidedly M.P.T.O.A. He was active during code formulation in Washing- ton and, in general, voted on many issues with M.P.T.O.A. men like Ed Kuykendall of Mississippi and Fred S. Meyer of Wisconsin. Berinstein's theatres include the Tower, Los An- geles, seating 906 ; the Beverly, Bev- erly Hills, seating 1,270, and the Sun- beam, Compton, seating 1,296. Carroll N. Peacock, representing affiliated distributors on clearance ana zoning, was born in Springfield, O., on July 4, 1886, and once owned and operated a stage line between Santa Ana and Laguna Beach, right here on native heath. He joined Para- mount on Jan. 2, 1919, in the local exchange as assistant shipper and sub- sequently filled the following posts : head shipper, salesman, sales manager. In January, 1923, he was made branch manager at Oklahoma City. On Oct. 1, 1932, he was promoted to his present post, manager of the local Paramount exchange. William C. Ritter, representing unaffiliated distributors on clearance and zoning, began his association with Columbia on Dec. 31, 1928, as a sales- man and became a branch manager on Oct. 14, 1929. Currently, he is in charge of his company's exchange here. Jack Sullivan, representing affili- ated first runs on clearance and zon- ing, is a film veteran. He first got his start with Fox in Seattle as a salesman, later becoming manager in Butte and Minneapolis and then re- turning to Seattle as manager. Sub- sequently, a transfer took him to Los Angeles as branch manager, a post he occupied for some time and until he was appointed chief film buyer for Fox West Coast. Today, Sullivan continues as buyer, but shares the job with E. L. Alperson and confines his purchases to Fox West Coast theatres along the Pacific seaboard. Today the total number is around 350. Russell Rogers, representing un- affiliated first runs on clearance and zoning, is general manager of Pacific National Theatres which headquarters here. The company operates nine houses along the coast from Los An- geles south to San Diego. The string includes the Nilo, Bakersfield, seating 1,096; the Seville, Chula Vista, seat- ing 500 ; Palace, Long Beach, seating 850 ; and these in San Diego : the Aztec, seating 650; Mission, seating 800; Plaza, seating 750, and Superb, seating 900. He is a member of the Independent Theatre Owners Ass'n. of Southern California. Harry Hicks, representing unaffili- ated subsequent runs on clearance and zoning, is owner of the Arlington and the Gem, Los Angeles. The Arling- ton seats 860 and the Gem, 573. He is a member of the board of the In- dependent Theatre Owners Ass'n. of Southern California. George Hanes, second exhibitor representing unaffiliated subsequent runs on clearance and zoning, is the owner of the Park, Pasadena. The house seats 760. Minneapolis, Feb. 19. — M. A. ("Moe") Levy, representing affiliated national distributors on grievances, took charge of the local Fox office "Palooka" Dated In "Palooka," the Reliance production released by United Artists, is sched- uled to open at the Rivoli Theatre here on Feb. 27th. today, having been transferred here from Chicago where he was branch manager under Clyde Eckhardt. Levy started with Fox on Oct. 3, 1921, as a salesman in the Windy City and was transferred to the home office on Dec. 23, 1922. He made his bow as a branch manager in Charlotte on Jan. 13, 1923, and later was given ivansas City (.May 5, 1932;, Omaha (.Aug. 16, 1925), Minneapolis (April JO, 1*27) and Cmcago (May 9, 1931). Max Stahl, representing unaffili- ated distributors on grievances, is in charge for United Artists here, having joined the company in that capacity on Aug. 15, 1932. He has been in the industry almost since its inception and includes in his experience a selling post with Educational. Fmil Frank, representing affiliated exhibitors on grievances, is mana^ei oi the Piennepin-Urpneum here, which is now operated by tne Mort ii. Singer Amusement Enterprises, of which KK.U is one-third owner. 1 he house seats 2,600. Joseph Friedman, representing un- affiliated exhibitors on grievances, operates the 750-seat Strand, St. Paul, and is a member of Allied of the Northwest. Leo Blank, representing affiliated national distributors on clearance and zoning, was a First National salesman in Omaha and Des Moines from 1921 to 1925. From that year until 1931, he was branch manager for Educa- tional in Omaha and the same year assumed similar duties here for War- ners. This is his current post. Ben C. Marcus, representing un- affiliated distributors on clearance and zoning, was a salesman and assistant branch manager for RKO from 192J to 1927 and started with Columbia as a branch manager on Nov. 5, 1927. Currently, he is in charge for that company here. John J. Friedl, representing affili- ated first runs on clearance and zon- ing, has had a long association with Publix in various capacities. He was at one time divisional director for the southeast and southwest in the days, prior to the Paramount Publix bank- ruptcy when the company maintained circuit control out of New York. He once handled the Publix de luxe first runs in the southwest under Milton H. Feld. Now, he is operator of the Minnesota Amusement Co., local cor- poration which grew out of the Para- mount bankruptcy, under the receiver, the Hamm family. The company oper- ates the former Finkelstein and Ruben circuit and numbers about 100 the- atres in its fold. Jack Haywood, representing un- affiliated first runs on clearance and zoning, operates the Gem, a 400-seat theatre in New Richmond, Wis., a town with a population of 2,112. He belongs to no exhibitor association. Code Authority listed his town as North' Richmond. O. A. Lee, representing unaffiliated subsequent runs on clearance and zoning, operates the 597-seat Leola here and is a member of Allied of the Northwest. Fred V. Holzapfel, second exhibi- "U" Easter Ball Apr. 14 The Universal Club will hold its Easter dinner and ball at the Hotel Lismore here on Saturday evening, April 14th. tor representing unaffiliated subsequent runs on clearance and zoning, runs the Broadway, seating 550. The house is in Minneapolis. He is a member of Allied of the Northwest. Seattle, Feb. 19. — Neil East, rep- resenting affiliated national distributors on grievances, has been in the indus- try for about 18 years. He started as exhibitor in 1916 and three years later went in the equipment end of the in- dustry to finally become vice-president and secretary oi the Service Pilm Supply Lo. ol Portland. Eighteen montns later, he returned to tneatre operation, as owner and operator oi the Liberty at St. rlelens, Ore. Join- ing .Paramount as a salesman out oi Portland in 1921, he was promoted to a branch managership there in May, iy^4. in lyzo, ne was transferred to nis present post as manager in beattle. L,. i\. w Alton, representing unaffili- ated distributors on grievances, in- cludes in his him experience jobs with universal and Oreater features. Ai one time, he was also a salesman for Pox. this was trom July, 1928 to October, 1929. Walton joined Colum- bia as a branch manager on Oct. 7, li/Z9 and now is in cnarge of the com- pany s excnange nere. i\l Rosenberg, representing affili- ated theatres on grievances, is now ldentmed with the .evergreen Circuit in wmcn pox West Coast hoios an interest, Por years, he has been iden- tified with tneatre operation on the Pacinc Coast and, at one time, oper- ated his own tneatres in Seattle, la- coma, Portland and Bellmgham. He sold to West Coast, prior to its acqui- sition with Pox, and remained as a district manager. P/vergreen is an outgrowth ot the bankruptcy into which Fox West Coast theatres in this section tound themselves some- time ago. John Hamrick, representing un- affiliated theatres on grievances, is president of the Hamrick theatre cir- cuit with headquarters here. The com- pany operates the 950-seat Music Box and the 950-seat Blue Mouse here, as well as the Blue Mouse theatres in Tacoma and Portland, Ore. A mem- ber of Allied Amusements of the Pa- cific Northwest, Hamrick is an old- time showman and one of the best known in these parts. Ed Lamb, representing affiliated na- tional distributors on clearance and zoning, began his film career as a salesman in Seattle on Dec. 15, 1924 and a booker here about six months later. He became a branch manager for RKO in Portland, Ore., on Jan. 14, 1929 and a branch manager in Seattle on Oct. 6, 1930, where he has been ever since that date. L. J. McGinley, representing un- affiliated distributors on clearance and zoning, was born Dec. 25, 1893 at New London, Conn. He studied medicine at New York University for one year, but left to enter the war, taking a course at a French officers' training school at Meaux Montere.au. His film experience includes posts with Fox (1919-1920), Paramount (1921-1927) and Columbia (1928). Sherman Quits Telegraph Shake-up in the editorial depart- ment of the Morning Telegraph has resulted in the resignation of Al Sher- man, film critic, and Leo Fontaine. Tuesday, February 20, 19 He started with Universal on Nov.j 1928 and now is branch manager l| that company here. Frank Newman, representing ' filiated first runs on clearance i zoning, is one of the oldest and b known theatre operators in the bu ness. He was the builder of the Ne man, Kansas City, which later w sold to Publix. The house, when bu was regarded as one of the most b>n tiful in America. Later, he sold ? his interests in Kansas City a? moved to California where he beca a division manager for Warner T] atres on the Pacific slope. Later, became affiliated with Skouras Br in the Pacific Northwest and, in f bankruptcy split-up of that branch 1 the Skouras activities, became assc* ated with Al Rosenberg and Al F j kelstein in Evergreen Theatres, current activity. Fox West Co still retains an interest in the hou once operated under its own name 1 now flying the Evergreen banner. John Von Herberg, represent: unaffiliated first runs on clearance a zoning, is president of the Jensen i Von Herberg circuit, once a power the Pacific Northwest and one of original 26 First National franchi holders. After selling their intere to Pacific Northwest Theatres, Ii they passed out of the picture co pletely. Pacific Northwest took p session in August, 1926. When H old B. Franklin became president Fox West Coast, the former Jen: and Von Herberg theatres, alreadj part of Pacific Northwest, w merged into FWC together with C; fornia holdings of North Ameru Theatres, in which Harry C. Artl was dominant factor at the time. I cific Northwest ownership was s] between Jeremiah Milbank, New Y< financier, and a local Seattle group In the last several years, howe\ Jensen and Von Herberg gradua have been turning active again in t territory, their old stamping grou although today they do not appro; their one-time position of power. Tl atres in their fold currently inch! the Liberty, seating 1,800; the Ro: seating 2,275 ; the Bagdad, seating 800 ; the Venetian, seating 800, all Seattle and a number of houses small cities throughout the stai Von Herberg is a member of Alii Amusements of the Pacific Northve The unit is not affiliated nationally George Endert, second represen tive of unaffiliated subsequent runs clearance and zoning, is manager the Uptown here. The theatre sea 750. He is a member of the Alii Amusements of the Pacific Northwe an exhibitor unit minus national e hibitor affiliation. John Danz, representing unaffi ated subsequent runs on clearance a zoning, is president of the Sterli Chain Theatres, headquarters he The company operates locally and i eludes in its string the Roosevelt (1 seats), Winter Garden (616), Colon (700), Capitol (550), State (50< , and Florence (400). Danz is ve well known in this territory whi has been the scene of his theatre a tivities for many years. He is a met ber of Allied Amusements of tl Pacific Northwest. The associati' has no national exhibitor amliatio Shy to Megaphone Hollywood, Feb. 19.— Gus Shy, ac or, is being groomed by Hal Roa' for a directorial spot. The timeliest picture you MOTION PICTURE DAILY Tuesday, February 20, 1934 Yamins Files Complaint On Board Choices (Continued front page 1) two affiliated members and that clear- ance and zoning boards have three qualified independents of their mem- bership of five. No member of the M.P.T.O.A. would be considered a "qualified" independent on these boards, but should be classified out- right as an "affiliated" representative, it was said. Yamins' brief was filed with the Code Authority after several of his personal nominees had been denied posts on local boards by the sub-com- mittee handling the appointments, of which Yamins is a member, it was learned on good authority. The Code Authority voted to exclude the brief from the record of its meeting, after it had been read by Yamins. Three More Boards Set; Busy on Others Detroit, Atlanta and Milwaukee clearance and zoning and grievance boards were completed yesterday and considerable progress in the naming of boards for New York and Chicago was also made, it was reported fol- lowing a meeting of the Code Author- ity committee on board selections. Naming of the New York boards is understood to have been under dis- cussion most of the day without any agreement being reached on their final make-up, although new agreements on individual members were reported. The Chicago boards were described as "about set" at the close of the meeting. The committee resumes its session today. The Chicago situation pivots about naming first run members. Also a city of much controversy is Boston. Philadelphia and San Francisco re- mained unsettled when the committee wound up at 6 :30 last night to con- tinue at 10 :30 this morning. The six men retired last night to check up on various circuit members on tap for appointments. Naming of alternates for the clear- ance and zoning board for New York is up in the air. The original inten- tion of selecting alternates who would represent Poughkeepsie, Staten Island. Long Island and Northern New Jersey met with stiff opposition. Actors Designate 14 For Code Committees Hollywood, Feb. 19. — The Actors' Screen Guild, commanding more than 700 proxies, at a meeting today unani- mously elected 14 members as nom- inees to be presented to Division Ad- ministrator Sol A. Rosenblatt for places on two code committees. Of- fered for the agents' committee were: Adolphe Menjou, Spencer Tracy and Berton Churchill. Selections for the actor-producer committee were : Ann Harding, Ralph Morgan, James Cag- ney, Kenneth Thomson, Richard Tucker, Chester Morris, Robert Mont- gomery, Claude King, Mary Astor, Pat O'Brien and Paul Muni. Telegrams Pour in On Board Choices (Continued from page 1) Motion Picture Daily flashed its correspondents all over the nation, de- tailing the selections and advising them to inform the men who make up the boards of their appointments. Since the authority is not advising the men directly, Motion Picture Daily informed these appointees first, many of them immediately wiring members of the authority their thanks and describing the move as a construc- tive one. Original plans of the authority were to have the names released today, but insistence of Division Administrator Sol A. Rosenblatt and some of the committee members forced earlier pub- lication of the 21 lists agreed upon. Uniform Contract in Agents* Ethics Code A uniform contract for agents rep- resenting talent is provided for in the code of ethics submitted for inclusion in the film code by the National Ass'.n. of Theatrical Artists Representatives. Action on including the document in the film code will be taken by the Code Authority at its next meeting, Feb. 26. The agents' code also provides for arbitration of all disputes between agent and artist. It stipulates that charges of misconduct against any agent member of the association must be made in writing and the charges will be heard by the association's board of directors and penalties imposed by a majority of the board. Expulsion of an agent from the association ren- ders his contracts with talent null and void. Free performances of artists under contract to the association's members are prohibited under the code without approval of a board named to investi- gate the cause for which the perform- ance is to be given. Exception Made on Indianapolis Board An exception in the setting up of clearance and zoning and grievance boards in Indianapolis has been made by Code Authority because of a pecu- liar situation existing in that town. With Loew's as the only affiliated cir- cuit in that city, the authority decided to put Jack Flex on the clearance and zoning board instead of the giievance board, and therefore named two inde- pendents to the grievance list. While the third name in all grievance lists calls for an affiliated exhibitor, I. M. Halperin, an unaffiliated, was named in addition to Charles Olson. Halperin operates the Indiana. Kalmenson Transfer Brings Board Shift Promotion of Ben Kalmenson from manager of the Warner exchange in Pittsburgh to head of buying and booking for all Warner houses in the Smoky City gives the Code Authority its first important change in names already set. Kalmenson was appointed affiliated distributor member of the Pittsburgh grievance board. Because of his shift in jobs he will have to be replaced. Members of Code Authority will de- cide upon his successor at its next meeting Feb. 26. Exhibitors in K. C. Agree to End Price War (Continued from page 1) restricted to one program of not mort than two days weekly. It was ah: decided to set a minimum admissicr price for suburbans and subsequent' of 15 cents and abolish all 10-cer.i admissions except in a few situation; where such a scale has long beer established as a regular policy. Thi ban is effective immediately or as soot as the handful of exhibitors who fail- ed to attend the meeting express then, agreement. Means read a wire from John Flinn Code Authority secretary, stating tha the code absolutely bans all the prac , tices which the exhibitors have agree' to do away with. E. A. Schiller of Loew's will im mediately be informed of the actio taken at the meeting with a view t ! bringing about an increase at the Mid land. Probe Sponsors for Shows in Newburgl Newburgh, N. Y., Feb. 19. — Fo lowing a notification from Code Ai thority that Division Administrate Sol A. Rosenblatt will stop free shov at the local armory if the CWA sponsoring them, an investigation being made by the owner of the Par the complainant, to find who is pa; ing for the talent. Reports have it now that the Stat> Civic Ass'n. is sponsoring the show Division Administrator Sol A. R, senblatt is getting in touch with tl Radio Code Authority to name a cor mittee of three to meet with grou of the film and legitimate theatre a thorities on the question of free rad shows. A meeting may take pla this week, if it can be arranged. Representing the film Code Authc ity are Charles L. O'Reilly, S. Kent and Ed Kuykendall. For the 1 gitimate authority are Marcus Hi man, chairman; William C Ellio president of the I. A. T. S. E., a Frank Gillmore, president of Actoi Equity. Authority Will Get Vaudeville Repoi The code committee on vaudevi will meet tomorrow at 2 :30 at authc ity headquarters to present a repc on its findings as a result of coi plaints made recently at a genei open session at the Astor. Supplementary information also 1 been secured by the committee a the report will be formally submitt to Code Authority at its gatheri next Monday. Authority Preparing A Report on Labi With the general meeting of code authorities slated to start Washington March 5, the film auth' ity is preparing a report on labor, cc ering an increase in employment the industry from Hollywood and points east and south. MOTION PICTURE DAILY '.lesday, February 20, 1934 Charges Wide Smoke Screen By Agitators {Continued from page 1) L the XRA — a method of distributing ibid selling pictures which has helped maintain the price of screen enter- iinment to a universally popular tale." Pettijohn did not mention the M.P. .search Council by name, but he aid "professional organizers of cam- aigns to discover 'scientifically' what's •rong with the movies have joined lands with agitators who have luscled in the business, to cry from he housetops that block booking flocks the lily white pictures which ney say the public demands. "The pity of it is," Pettijohn con- nued, "that many splendid com- lunity groups have been led to be- eve by the reams of publicity spread ty such agitators that what these roups call 'bad' pictures are forced pun the unwilling exhibitor through ie practice of block booking. What ney are not told is that these fine ictures are the very features most iften canceled." Pettijohn said that a survey con- noted last week showed not one can- ellation on a Mae West film. "Those who advocate legislation .gainst block booking as a panacea .hich will automatically insure the xhibition of socially valuable pic- tires," he continued, "are assuming lat the local theatre manager would ook only such pictures if he were electing them one by one. The fact and it cannot be denied, the local heatre manager does select only those ictures which in his opinion would ring the greatest box-office return l proportion to the cost. 1 "The racketeers within the industry vho feed upon selfish interest and ;itigation agitate on subjects having 3 do with motion picture trade prac- ices have helped to build up misun- erstanding and agitation outside of ne industry because it is either profit- • ble or they hope to make it profitable, jvlost of them do not have a single • ollar invested in the industry. They ire self-appointed leaders and their -acket is for personal profit only. "The motion picture industry can- iot be helped by more governmental 1 egulation or censorship. The best I nd most effective formula to follow [s one of self-regulation." pt. Louis Decision Goes to Operators (Continued from page 1) heatres are raised as follows : From £0 to $75; from $56.50 to $66.50; j rom $42.50 to $47.50, and from $40 to <:45 per week. ' The total involved, if the back pay uling stands, is about $14,575. Fred Yehrenberg, president of the M. P. r. O.. says he would appeal to Gen- •ral Hugh S. Johnson and to the :ourts, if necessary. He especially 'bjected to any attempt to carry s ode arbitration ruling beyond Dec. 7. Between April 16 and Aug. 19, last, operators consented to cut their pa^ )Ut at the end of the summer season nsisted on being increased to the ngher scales. Dr. Patton has com- municated his decision to the NRA. M. P. Federation to Name New Secretary Appointment of a new secretary of the Federation of the M. P. Industry is slated to take place next Friday when the executive committee of the organization meets to select a suc- cessor to Alec Moss, who resigned to join Paramount. Also to be discussed at the session are the double feature situations in Chicago and Milwaukee, and finances. It is expected a $10 charge on each negative reel, plus a small tax for positive prints, will be decided upon to bring in a total of approximately $50,000 annually. Harry Thomas, president, returned yesterday from a three-week vacation in Miami. Loew Building Only 2 Australia Houses Loew's for the present is limiting theatre construction in Australia to two theatres, one in Melbourne, which will be ready by June, and another in Sydney, which will be completed next year. Arthur Loew, head of foreign ac- tivities for the company, leaves in three weeks for a tour of all Eu- rope and will be gone several months. He has just returned from Australia and says theatre business there is very good. Dembow Says Para, Out of St. Joseph Kansas City, Feb. 19. — Denying reports Paramount has lease interests in St. Joseph, Mo., theatres, Sam Dembow, Paramount theatre operat- ing executive, said here recently that all interests in those properties have been turned over to Dubinsky Bros. The deal was a development of the Publix-Dubinsky partnership dissolu- tion of a year and a half ago, when Dubinsky took over three Publix houses in St. Joseph. M-G-M Undecided on Stage Productions M-G-M is undecided about invading the legitimate production field, it was stated yesterday despite reports to the contrary. According to reports, Ed- gar Selwyn, who returned to the coast Saturday, is due to return in August to act as adviser on the project. At M-G-M headquarters it was ad- mitted the matter has been under dis- cussion. M-G-M Changes End Of "Laughing Boy" Following the stand taken by Uni- versal in "King for a Night," M-G-M has remade the ending of "Laughing Boy" and now has the heroine die as the picture closes. In the Universal film, Chester Morris goes to the chair when he takes the blame for a mur- der his sister committed. 52 Fires Last Year There were 52 theatre fires in New York during 1933, of which 38 were in film theatres, according to the an- nual report of Fire Commissioner McElligott. The report does not in- dicate whether this represents an in- crease or decrease over the number of theatre fires reported during the preceding year. Washington Round Table Dinner a Wow Washington, Feb. 19.— Theatre men here are still talking about the first gathering of members of the Managers' Round Table Club of Motion Picture Herald, which began at 11 o'clock Saturday night and ran into the early Sunday morning hours at Club Michel. Among the merrymakers were showmen from the District of Colum- bia and points some distance away in Maryland and Virginia, film exchange managers and salesmen and represen- tatives of other industry branches. Stephen T. Early, one of the Presi- dential secretaries, presented on be- half of Martin Quigley the January Quigley award to Kenneth Grimes, manager of the Warner, at Morgan- town, West Va. A. J. Brylawski, Washington M.P.T.O. president was toastmaster. Among the guests were: Deputy Administrators William Farnsworth, E. N. Frensdorf and Avber Cater; W. H. Doherty, radio code aide: J. Bradish Carroll, NRA paymaster, and Thomas McGuire, code advisor. The committee in charge included : Walter Morris, Metropolitan Theatre, chairman ; Frank Boucher, city man- ager for Warners, at Hagerstown; Carter Barron, manager, Loew The- atre; Harry Hunter, Washington branch manager for Paramount ; Frank LaFalce. Washington zone manager for Warner theatres, and Maurice Blouin and Bill Ewing, his ad chief and assistant ; Lou Brown, Washington Loew Theatres ad head, and Guy Wonders, production head for Washington Warner theatres. Zukor, Hays Called In Rembusch Trial (Continued from page 1) Abramson, independent producer, who recalled what he said was a promise made by Zukor to an exhibitors' con- vention in Minneapolis in 1921 that Paramount would not build or acquire any more theatres thereafter. Depositions of Indianapolis ex- changemen were read into the record yesterday and considerable statistical evidence from industry reference man- uals was introduced. Erpi Reports New Ruling Erpi reports that the validity of its license agreements has been upheld by the U. S. District Court for the western district of Oklahoma in an opinion by Judge Edgar Vaught. The suit was for recovery of equipment installed in the Savoy at Shawnee as well as for unpaid charges. The court, Erpi says, ruled in its favor both on recovery of the equipment and for the full amount of money claimed. Arthur, Marco Back Harry C. Arthur, vice-president of F. & M., returned yesterday from a tour of the west and midwest, where he negotiated several theatre deals. He visited St. Louis, Denver and Salt Lake City. Mike Marco, who met Ar- thur in Denver, is in New York and will remain for two or three days. Mitchell, Durant Signed Hollywood, Feb. 19.— Upon comple- tion of their roles in "Fox Follies," Fox signed Mitchell and Durant to a new contract calling for three pictures. 7 Ohio Theatre Men Backing Unit to Full (Continued from page 1) November with Ernest Schwartz, Cleveland, as president, with the com- bined financial and numerical strength merged into one state organization, has given the independents renewed hope of ultimately, if not presently, effecting repeal of the 10 per cent amusement- tax, the paramount objec- tive at the moment. Efforts are being directed to enroll every Ohio independent exhibitor in the new unit. Pete Wood, state secre- tary, will hold regional meetings in Cleveland and Cincinnati each alter- nate 30 days at the headquarters of the local organizations, which will continue to serve their respective areas. A secretary will be stationed at each office to record interim pro- ceedings. Wood will retain his resi- dence here for the present, at least. In reviewing film sales in Ohio, Wood told Motion Picture Daily independents pay practically one-half of the total rental of the state. Out of 540 independent houses in Ohio, averaging $150 each for weekly film rental, the annual aggregate is roughly $4,250,000, Wood explained. On the other hand, the 90 circuit- owned or controlled houses, including recent acquisitions by Mort Shea and Meyer Schine, pay approximately $4,700,000. The figures in both cases are conservative, Wood said. There are 10 Ohio situations which have one or more circuit-controlled or affiliated houses, which do not have an independent house. The Cleveland M. P. Exhibitors' Ass'n is putting maximum effort be- hind code proceedings in general and those affecting the independents in particular, M. B. Horwitz told exhibi- tors at the meeting. To date, he said, the organization has spent around $7,000 on code mat- ters, including his expenses as dele- gate to the code conferences at Wash- ington. "But it's money well spent," he declared, "and in time will begin paying substantial dividends in various ways." Creel Takes Hand For Studio Labor (Continued from page 1) Creel, head of the California NRA. came here today and went into a hud- dle with Charles Cunningham, local NRA chief, and Judge Ben Lindse- recently appointed labor complian'- officer, to check with Pat Casey. Casey said Lindsey's appointment would not conflict with the work of his board which, he said, is now studying and clearing up asserted code violations as quickly as possible. Mrs. Mabel Kinney, who was in Sacramento over the week-end, said the studio board would swing into action immediately. She blamed gov- ernment red tape for delay. Rhoden on Vacation Kansas City, Mo., Feb. 19. — Elmer Rhoden, local district manager for Fox theatres, has left on a three-week vacation in Florida. Industry MOTION PICTURE DAILY Alert, Intelligent and Faith fut Service to the Industry in All Branches 9L. 35. NO. 43 NEW YORK, WEDNESDAY, FEBRUARY 21, 1934 TEN CENTS Jo Reelection 0 Be Sought •y Kuykendall Inds MPTOA Job Takes 'oo Much Time, Money because of the time and money it ; cost him, Ed Kuykendall will |-n down any in to renomin- > him as presi- mt of the M. P. 1 O. A. at the inual conven- n to be held Los Angeles jril 10-12. It understood a ccessor is be- 1 sought and o or more men e now under nsideration for e post. Directors of | national as- ciation will meet on April 10 to {Continued on page 6) I lil K ii v kendull Cooperation to Be eynote for MPTOA TThe annual convention of the .P.T.O.A. will be a cooperative -industry affair, Ed Kuykendall, esident, stated before leaving yes- "day for his home in Columbus, pss. He returns Monday to resume ork on selection of personnel for e clearance and zoning and griev- ce boards and to attend the Code uthority session Feb. 26. Instead of holding a two-day ses- (Continued on page 6) ox Wins Protest; 'Follies' Dropped Immediate ending of the use of the ord "Follies" in the title of War- ds' "Fashions of 1934" is recorn- ended by the title registration com- ittee of the Hays office on the (Continued on page 6) joew's, Paramount Await K. C. Moves Loew's and Paramount will continue low admission and first run double ature policy at the Midland and ewman, Kansas City, until policy li'nges voted Monday by the I. T. O. (Continued on paqc 12) Films Hit at Alien Talent Bill Hearing Two Congressmen Figure In Industry Attack Washington, Feb. 20. — Sharp at- tacks on the film industry today marked the hearing before the House Immigration Committee on Represen- tative Dickstein's bill to place entry of foreign actors under the contract labor provisions of the immigration laws. Representatives of the industry were not reached today, but will be heard when hearings resume next Monday. Those who testified today in behalf of the bill represented the act- ors, while the opposition came from producers and playwrights. Opponents of the measure charged (Continued on page 6) OV Davil Snow The snowstorm interfered with regular routine yester- day, many members of the film fraternity resident in Westchester finding it im- possible to get into New York. Much business was handled over telephones. Predicts Production Boom Here in '34-35 An increase in production activity at eastern studios which may result in the scheduling of a minimum of 24 features and several hundred short subjects for production here next sea- son is anticipated by Al Christie. He is producing for Educational at East- ern Service Studio and refers to pro- duction at large in the East. Christie views eastern facilities as capable of accommodating any type (Continued on paye 8) Who? What? When? ~ry UBLICATION of thumbnail biographies of the men who make JT up the grievance ami clearance and zoning boards under the eode, launched serially yesterday in Motion Picture Daily, me! with immediate, favorable response in the Nczs.' York trade. The editor's telephone jingled with messages of commendation during the day. This morning, in the second instalment, Cincinnati, Denver and Kansas City are covered. The series will continue daily until all boards, so far announced , are covered. Cincinnati Cincinnati, Feb. 20. — George Smith, representing affiliated national distributors on grievances, was born in New York City on July 8, 1889. He graduated from the St. George High School and subsequently embarked upon a course in journalism at Co- lumbia University in that city. Later, Smith became a teller in the Port Richmond ( Staten Island ) National Bank, spent nine years on the New York Evening Journal, was assistant general manager of Pathe and then general sales manager of Triangle. Joining Paramount in 1921 as exploi- tation representative in Canada, he was made branch manager in Winni- peg shortly thereafter. In 1924 came a transfer to Milwaukee in the latter capacity and in 1927 his transfer to Cincinnati, where he has remained as Paramount's representative here. Paul Edward Krieger, representing unaffiliated distributors on grievances, was born May 14, 1889, at Hamilton, a suburb of Cincinnati, and was edu- (Continucd on page 10) Denver Denver, Feb. 20. — Earl Bell, rep- resenting affiliated national distributors on grievances, was branch manager for Warners in Omaha from 1925 to 1929. For the next year, he was a film buyer at the company's home office in New York. From 1930 to 1932, Bell was assistant theatre zone manager with headquarters in Pittsburgh and, there- fore, embraces in his experience con- siderable knowledge of exhibition and distribution. Currently, he is manager of the Warner exchange here. Jack Langan, representing unaffil- iated distributors on grievances, was born on Sept. 2, 1894, in Kansas City, Kan., and was educated at Sweeney's School of Engineering. His period of employment includes posts with the City of Kansas City, the Morris Pack- ing Co., Columbia Steel Products Co. and thereafter, in the film industry, with Select, Standard Film and War- ners. He joined Universal in 1929 and now is in charge of the company's branch here. L. J. Finske, representing affiliated (Continued on page 10) Feb. 28 Stays Final Day for Code Assents Postponement of Allied Suit Has No Effect Feb. 28 stands as the final date for sending in assents and little hope is seen for another extension as a result of postponement in Allied's suit against Code Authority to Feb. 23. In agreeing to delay of the suit to Feb. 20 recently, Allied insisted the case be heard eight days before expir- ation of the assent deadline. This stand was taken in the event Allied loses, members could send in their forms in time and without being de- prived of the benefits of the code. Yes- terday, the suit was put over to Feb. 23 and the compliance date was un- touched. Attitude of Division Administrator Sol A. Rosenblatt in not extending the compliance date is understood to be that all assents must be unqualified and if there are any objections to the code, a court review can be asked. Choice of Boards Delayed to Monday With 16 clearance and zoning and grievance boards yet to be definitely set, the committee on selections, which started to work on completing 20 boards Monday, adjourned yester- day until next Monday when a ses- sion will be held in an effort to finally approve the names before the regular Code Authority session the same day. Clearance and zoning and grievances boards in Boston, Philadelphia, New (Continued on page 6) No New Rules Seen In Germany's Code Restrictive provisions of the new German film code on production and exhibition in that country were de- scribed here yesterday by foreign rep- resentatives of major companies as merely a "reiteration" of Nazi film legislation in effect in Germany for (Continued on page 12) No Paper Thursday Motion Picture Daily will not publish tomorrow, which is Washington's Birthday and a legal holiday. MOTION PICTURE DAILY Wednesday, February 21, I9i MOTION PICTURE DAILY (Registered U. S. Patent Office) Vol. 35 February 21, 1934 No. 43 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. T„ Hollywood Bureau: Postal Union LMe Building, Vine and Yucca Streets, Victor M. Shapiro, Manager; Chicago Bureau: 407 South Dearborn Street, Edwin S. Clifford, manager; London Bureau: 6 Brookland Close, Hampstead Garden Suburb, Bernard Charman, Representative; Berlin Bureau: Berlin-Tem- pelhof, Kaiserin-Augustastrasse 28, Joachim K. Rutenberg, Representative; Paris Bu- reau: 19, Rue de la Cour-de9-Noues, Pierre Autre, Representative; Rome Bureau: Viale Gorizia, Vittorio Malpassuti, Representative; Sydney Bureau: 102 Sussex Street, Cliff Holt, Representative; Mexico City Bureau: Apartado 269, James Lockhart, Representa- tive; Glasgow Bureau: 86 Dundrennan Road, G. Holmes, Representative; Budapest Bureau: 11 Olaaz Fasor 17, Endre Hevesi, Representative. 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. Mother and Son Die Lexington, Feb. 20. — Charles H. Berryman, former Lexington theatre owner and operator, lost his wife and son within a two-hour period. Brow- nell Berryman, the son, was 40 years old. He died at the Good Samaritan Hospital, two hours and IS minutes before his mother, Mrs. Louisa Brow- nell Berryman. Pneumonia was the cause of their death. Grade Allen Hurt Hollywood, Feb. 20. — Scalp injur- ies suffered when she fell through a door in a local cafe will keep Gracie Allen out of the cast of "We're Not Dressing" at Paramount for several days. MOTION PICTURE ALMANAC 1934-55 A/OrY /A/ PMPA/IA T/O/V WHERE THE WORLD LOOKS FOR MOTION PICTURE nuci •5* S3 facb Insiders' Outlookl^"^ , Personal NE W Paramount de luxe theatre policy calls for the biggest of names. You'd be sur- prised to learn at whom Sam Dembow is making eyes — and offers. But the plan goes beyond. It calls not only for marquee whoppers, but a novelty slant on their talents. It is figured dump- ing big names on a stage a la routine might be all right, but the unusual in treatment is better. And so it will be. . . . Prac- tically all of the dailies handled the slight curtain fire at the Capitol Monday very nicely in- deed. The Loew office is grate- ful. . . . Now that Warners will drop the use of the inserted word "Follies" in "Fashions of 1934," the Fox bunch will be happier. Foxites certainly were burnt up. what with "Movietone Follies of 1934" coming along pretty soon now. . . . Plans of Allied to re- sume its own organ on a weekly basis, first rumored in this col- umn, are now admitted. What is not admitted is anything having to do with the editorial policy and what individual it is de- signed to make squirm. . . . Nary a peep from Harold B. Franklin, whose name reaches print again in the Who? What? When? series, now in its second day. The general understanding was Franklin was all set to pro- duce independently, probably H. J. Yates-financed and Biograph- housed. All's been quiet for some time on that front, however. . . . Madeleine Carroll is splendid in "I Was a Spy," which was made in London. Now Fox has her for one picture and she's in Hol- lywood. Lucky Fox. . . . ▼ Ed Schiller looked a trifle thin- ner than usual yesterday when we paid him a sick call, but nothing like the sick man those wild re- ports around Times Square had indicated. Forty stories above Central Park, there he was ready to leave for Florida for a month or six weeks of quiet and re- cuperation. "The doctor says this will fix me up and I'll be back like a two-year-old," he remarked. In the meantime, it will be all sunshine, all rest, all play and no worry about those Loew thea- tres to which Schiller has proven faithful for so many years. He's finding his enforced idleness irk- some, but then Schiller would. . . . ▼ As was expected, quite a fuss has developed over code boards to serve New York and this ex- change territory. Not much less is the fuss over a similar process for Chicago. ... So Ike Blumen- thal, after all these years, is out of Paramount ! The old order certainly does changeth though. Time was when imagining Para- mount without Blumenthal was pretty much as imagining the company without Adolph Zukor. . . . Sam Katz says he's about fed up, what with his sitting caught up and is getting ready to step. Sam usually steps hand- somely and wide. So. . . . ▼ Bill Clark, once operating head for Paramount in Australia, is reported getting set to join Fox, where Brother John is generalis- simo of domestic sales. Just a (Continued on page 8) Pathe "A" Up 1 on Big Board High Low Close Columbia Pictures, vtc 2554 2554 25% Consolidated Film Industries 5 5 5 Consolidated Film Industries, pfd 17 1654 16% Fox Film "A" 16% 16% 1654 Loew's, Inc 33% 32% 33 Loew's, Inc., pfd 9154 91% 91% M-G-M, pfd 24% 24% 24% Paramount, cts 554 4% 5% Pathe Exchange 354 3 3% Pathe Exchange "A" 17% 1654 17% RKO 4 3% 3% Universal Pictures, pfd 32 32 32 Warner Bros 754 7 754 Net Change + % -% + % 4- 4-1 Sentry Active on Curb Sentry Safety Control. Technicolor High Low % Close Net Change + 1/16 + % Sales 500 200 300 1,000 6,900 100 100 15,100 2.700 1,000 3.700 1,000 4,100 Sales 100 400 Paramount Publix Bonds Fall 2% General Theatre Equipment 6s '40 General Theatre Equipment 6s '40, ctf. Keith B. F. 6s '46 Loew's 6s '41, ww deb rights Paramount Broadway 5%s '51 Paramount F. L. 6s '47 Paramount Publix 554s '50 Pathe 7s '37, ww RKO 6s '41. pp Warner Bros. 6s '39, wd Net High Low Close Change Sales 11% 1154 11% + 'A 12 10% 10 10% - % . 10 63 62% 625i — % 3 96% 96 96 — 54 7 3954 38% 39 4-2 23 4654 4554 46% -1% 43 4654 46 46 -2% 15 93 93 93 +1 1 33 33 33 —1 2 57% 5754 5754 — % 8 JIMMY HOLLYWOOD, Ed E/ tell and Henry Taylor, knowr. air and stage as the Three Rar* Rogues, will leave for Hollywood plane upon completion of their engan ment this week at Loew's State to a pear in a second film for M-G-M. Lynn Farnol, back from a qui trip to Philadelphia yesterday, pull out this morning for Cambridge meet Samuel Goldwvn, who d cusses industry problems there tod before the Graduate Business Schc of Harvard. Bertram Milhauser and Beul.< Marie Dix, both writing folk, a authors of "The Ragged Army," o' of the week's new: plays which ope at the Selwyn tomorrow night. Capt. R. Stuart Murray has L for Honduras on a five montl scientific expedition during which will film subjects for Universal New reel. Bernie Kleid has a new daught' Renee. It was sort of a Lincoli Birthday celebration in his fami Kleid is with National Theatre Su ply. James Whale, who arrived fr( England on the Europa, has 1 for Hollywood by train to beg work on "A Trip to Mars" at U: versal. Gene Raymond returns from Palm Beach vacation tomorrow. I will stay at the Lombardy over week-end and leave Monday for coast. Linda Watkins is one of the lea in "They Shall Not Die," latest frc the Theatre Guild, which opens at Royale tonight. Walter Huston reaches New Yoi Saturday night as the star of "Doc worth." Set for its debut at the Sr bert. Bernice Claire completed wc yesterday in "Who Is That Girl?" the Brooklyn Vitaphone plant. Cliff (Ukelele Ike) Edwae and Mrs. Edwards are in from I Angeles. Richard Wallace and Mrs. are off for Hollywood. Plans to ma a picture here failed to jell. Paul Muni gets in tomorrow the Manhattan with Mrs. Muni af a Russian trip. Marcel Achard is en route to i coast to do French dialogue for "1 Merry Widow." Abnf.r Rubien, I.A.T.S.E. coun; is back from a vacation in Cuba. Abe Montague is back from Florida trip. Joe Rtvkin expects to trek to 1 coast next month. Nate Blumberg and the missus sail for Bermuda today. Edgar Selwy-n has left for Hoi wood. Jeanette MacDonald is in to> from the coast. William Morris, Jr, is on I high seas. Paris-bound. C. C. Petttjohn snowbound at E yesterday. Sam Dembow, Jr.. laid low by cold at home yesterday. Ruby- Keeler is in town. According to Motion Picture Herald's "Big- gest Money Making Players" questionnaire to 15,000 exhibitors. HAfiUM It has that "State Fair" flavor LOUISE DRESSER EVELYN VENABLE KENT TAYLOR STEPIN FETCHIT From the novel by Edward Noyes Westcott Directed by James Cruze LS TO <0& ec^e' Gceen iLOW UP THESE GREAT FOX HIT PLAYDATES POUR AS "DEVIL TIGER" GIVES RIALTO (H.Y.) RECORD RUN! ***** Kin "or* Oil »*4 5f. / "* City CVy„,. 'Ca/tf * & 'st "g. c/« **** St. ftp. 'A^.j. Afe To AC AC fOf- 6 MOTION PICTURE DAILY Wednesday, February 21, 19 J< No Reelection To Be Sought By Kuykendall (Continued from page 1) nominate a new slate for the ensuing year. The directors are composed of "delegates from about 20 affiliated units. Kuykendall was delegated last year by the directors to assume the un- expired term of M. A. Lightman, who resigned the presidency because of business pressure, and at the time stated he would serve only until the next election. Theatre business of the M.P.T.O.A. head is being run by his wife during Kuykendall's many trips here. She was his secretary for seven years and knows the workings of the business. Leaving for his home yesterday after six weeks in New York, Kuykendall will be with his family for only two days before hopping another train east. During the last few months he has been spending more time in Pull- mans than in his own home. Cooperation to Be Keynote f or.MPTO A (Continued from page 1) sion in Los Angeles, the convention will last three days, starting April 10. The hotel has not yet been decided upon, but most likely will be the Am- bassador. Tony Muto has been en- listed on the publicity and is also arranging special railroad rates to and from the coast. Dave Palfrey- man also is working on the meeting. He is getting the studios to cooperate, since the plans include visiting the various picture plants to meet the stars and producers. Kuykendall yesterday emphasized the convention was to be an all-in- dustry meeting and differences from any side of the fence can be ironed out in the open. He is inviting all members of the industry to attend ; also non-industry group heads. He stated he is not appealing to any units to join the national associa- tion, although he expected northern and southern California organizations, which have been cooperating with him on the code, to formally announce their alignment. A revue of the code will be one of the highlights. Another is the annual elections. Austria Nears Normal Theatre conditions throughout Aus- tria are gradually attaining normalcy, with practically all houses which were closed during the Socialist rebellion reopened again, according to cable ad- vices received by several home office foreign departments yesterday. At- tendance is reported to be off appre- ciably in many cities, but with the theatres reopened patronage is ex- pected to rebuild rapidly as the politi- cal situation becomes calm. Miller Case Is Delayed Chicago, Feb. 20.— Attorneys for Jack Miller, against whom contempt charges are pending, obtained a con- tinuance before Federal Judge Barnes. Miller is still vacationing in Florida. Choice of Boards Delayed to Monday (Continued from page 1) York, San Francisco, Chicago, Albany, Cleveland and Washington remained unsettled as the committee broke up at noon yesterday. Atlanta and Milwau- kee were definitely designated Mon- day. Snowed in at his Great Neck home, Charles L. O'Reilly yesterday called the committee every five minutes to find out whether any decisions had been made on the New York boards. Charles C. Moskowitz of Loew's was another inquisitive caller. He also could not reach New York from his home and kept calling the committee men at the rate of once every 10 min- utes. Myers Delays Trip Here to Next Week Abram F. Myers, general counsel for Allied, has put off his planned trip to New York until next week when he will confer with Sidney Samuel- son, president, on appointment of six regional vice-presidents and organiza- tion policies. Several Allied leaders are expected to attend the meeting. Nathan Yamins returns today to Fall River, Mass., after three days here working on selection of personnel for clearance and zoning and griev- ance boards in 10 cities. Assents Total Goes Up by 48 to 7,560 Returned unqualified assents took a decided jump yesterday with 48 re- ceived by Code Authority. The new influx lifts the former total of 7,512 to 7,560. Goldwyn Pleases Guild Hollywod, Feb. 20. — Samuel Gold- wyn's Saturday Evening Post article on "Do We Pay Our Picture Stars Too Much?" has met with the ap- proval of the Screen Actors' Guild. 'Your attitude is the one on which we based all our contentions during the code conferences," read a wire signed by Kenneth Thomson, "and we congratulate you on your courage in giving the facts to the public from the producers' standpoint." Mrs. Herrick Opposed Local 802 of the American Federa- tion of Musicians has gone on record as favoring the resignation of Mrs. Elinore M. Herrick as acting chair- man of the Regional Labor Board. The union also wants the legitimate theatre code reopened and doesn't want Joseph N. Weber, president of the federation, to represent it at hearings'. Sought for Memphis Memphis. Tenn., Feb. 20. — Frank Sturm, local banker, and Fletcher G. Cohen, attorney of this city, have re- ceived wires from Division Adminis- trator Sol A. Rosenblatt asking if they will serve as impartial members of the code boards for this territory. Both have signified their willingness. Bareford in Washington Washington, Feb. 20. — Harold S. Bareford of Warners is here confer- ring with Division Administrator Sol A. Rosenblatt. Fee Splitting Ban Put in Agent Code Splitting of commissions between agents who are members of the Na- tional Association of Theatrical Art- ists' Representatives or any other agents is banned under penalty of ex- pulsion from the organization under the agents' code of ethics which it is proposed to include in the film code. The Code Authority is scheduled to act on the inclusion proposal at its next meeting, Feb. 26. The clause banning splitting of com- missions, however, does not prohibit association members from "apportion- ing" commissions to other agents out- side the New York jurisdiction, such as California, Chicago or European cities. The code prohibits agent mem- bers from paying commissions or any form of bonus to employers of talent or their associates, and prohibits the agent from accepting bonuses in any form from the artist. The agent is prohibited under the code from having any association with a booking office, casting agency or the- atrical employment agency, and may engage in production of vaudeville or presentations only on the condition that he collects no remuneration from those he employs in such enterprises. Allied* s Suit Goes Over by Agreement By agreement between attorneys for both sides, Allied's suit against Code Authority was postponed yesterday until Friday by Judge John Knox in the U. S. District Court. Judge Francis G. Coleman was to have heard the case yesterday, but due to illness did not sit. ITO A Set for Ball Several of the leading night club orchestras and a wide range of screen and stage talent, headed by Al Jolson, has been lined up for the Independent Theatre Owners' Ass'n. ball to be held tonight at the Waldorf Astoria. Claude Hopkins and his Roseland orchestra and Eli Danzig and his hotel St. George orchestra will fur- nish music all evening, and short visits are expected from N.T.G. and his Paradise Revue and Rudy Yallee. Cold Halts Nudist Suit Suit brought by Mike Mindlin for an accounting of profits on "This Nude World," which was scheduled for trial yesterday at Mineola, L. I., was postponed until today as a result of Monday night's storm which crip- pled Long Island transportation facili- ties so that the presiding judge, at- torneys and witnesses were unable to reach the court. Technicolor Reports Loss Technicolor, Inc., and subsidiaries report a loss of $249,396 for 1933, after taxes, depreciation, amortiza- tion of patents and other charges. The 1932 loss was $235,503. In 1933 $36,830 was capitalized as expenditure for research, development and patent costs, and a loss of $75,424 w-as charg- ed directly to surplus account. Schiller Goes South E. A. Schiller, of Loew's, Inc., left for Florida last night on a recupera- tive journey. He has been ill for four weeks. Films Hit at Alien Talent Bill Hearing (Continued from page 1) that it would unnecessarily restrict tr importation of labor and give tr Labor Department authority to c their casting, while supporters coi tended it would safeguard America jobs for American talent. The attacks on the film industr came from Representatives Seidema of Michigan and Schulte of Indian the former asserting that the legit mate theater's trouble was film con petition and not lack of good actor Declaring that the sole oppositic to the bill comes from the film indu try, Schulte asserted "it wants I bring actors over and reap a harve and then sell the pictures abroad. Th( are thinking only of their own selfi; selves and of their greed. The fil industry is throwing millions of peop out of work in the legitimate theatre "Thirty or 40 actors are all th are required to make pictures," 1 continued, "and those pictures go a over the country', bringing in re enue for the 'international' motion pi ture producers." Fox Wins Protest; i 'Follies' Droppe< (Continued from page 1) ground that it is detrimental to Fo.\ annual production of "Movietoi Follies." The committee asks Warners issue telegraphic instructions for elir ination of the word in all adverti ing, exploitation, publicity, bookin and exhibition. The ruling was sign' by William A. Orr. R. W. Doid| Robert Harris and Irene F. Sco Action was taken on a protest fro Fox. The committee ruled that Warnei failure to register the title was "flagrant violation of the first ru of the association that all titles mu be registered." "We find," the ruling continut "that the type setup of the advertisii issued by Warner Bros, is misleadii in that they play up in bold face ty the word 'Follies' and subordinate small type the word 'Fashions.' whi is obviously an attempt to capitali on the word 'Follies.' Warner Br< advertising used the following se j tence : 'The Strand Theatre in Alba, packed 'em in by injecting that gc getting word 'Follies' into the titl This was sent out by Warner Bn as press matter on this title. "We find that Warner Bros, a vertising of this production has us 1 several forms of the title incorpora ing the word 'Follies' and we me our findings and recommendations apply to any use of the word 'Follii in any title or advertising referri to this production." S. Charles Einfeld, speaking f Warners last night, said his compa had decided to eliminate the obje tionable word in the Powell pictv "out of deference to Fox." Anotl word will be submitted, probal "Frolics," although no definite de sion has been reached on this src as yet. MOTION PICTURE DAILY Wednesday, February 21, I93<< Predicts Production Boom Herein '34-35 (.Continued from page 1) of feature production and believes the east to be the "logical place for shoot ing a diversified schedule of short sub jects." After 20 years in Hollywood studios, he sees casting and economy advantages in production here which, he believes, major companies cannot ignore For long. "The eastern producer can avoid routine production because of his opportunity to choose economically from new personalities always avail- able here from the stage, radio and vaudeville," Christie said. "They are already 'name' performers and, be- cause they have made good here, the producer's battle is half won when he has engaged them. He only needs to present them in the proper vehicles to have real box office pictures." Christie believes that the east will develop a greater diversification of two-reelers, which he believes to be the great need of short subject sched- ules now. Slapstick will continue to be supplied by Hollywood, he believes, but new types of two-reel subjects will be developed here. Christie has made 11 shorts for Educational at Eastern Service Studio since leaving the coast. He has 10 more to go on the current schedule, five of which are in preparation. Business Gaining, RKO Group Is Told Chicago, Feb. 20. — Business is on the upgrade, especially in the South, Cresson E. Smith, western and south- ern division manager for RKO, told a gathering of his sales forces here which closed tonight. Screenings took up practically the whole day, with "Keep 'Em Rolling" and "Spitfire" the highlights. Talks were given this afternoon by W. E. Branson, Midwest district manager, Mort Singer, James Coston, Barney Balaban and Jack Connolly, general manager of Pathe News. The home office representatives were : J. C. DeWahl, F. J. McConnell of the Van Beuren Corp., and Con- nolly. Chicago representatives were : Branson, Jack Osserman, branch man- ager ; R. Nolan, E. Phelps, J. Clarke, W. Grolick, M. Kassel. Those from other branches were : Des Moines, B. J. McCarthy; Kansas City, T. R. Thompson ; Milwaukee, A. N. Schmitz ; Minneapolis, L. E. Goldham- mer ; Omaha, A. M. Avery ; St. Louis, L. Elman ; Sioux Falls, S. W. Fitch. Talks by Singer, Costen and Jules Rubens ended today's meeting and Smith left for Memphis where another meeting will get under way Thursday. MOTION PICTURE DAILYS HOLLYWOOD PREVIEW "The Mystery of Mr, X" (M-G-M) Hollywood, Feb. 20. — Melodrama with unique suspense situations blended with unusually charming romance sets "The Mystery of Mr. X" for popular reception. Police murders in London, crime detection in Scotland Yard and a jewel robbery, intertwined with a love story, form the basis for the engrossing entertainment presented. A polished jewel thief, Robert Montgomery, escapes while purloining a huge diamond, which links him with the murder of a London bobby, one of four already killed by the predatory Mr. X. With the police sure he is Mr. X, Montgomery inveigles himself into the good graces of the chief of Scotland Yard by testifying on behalf of the chief's future son-in-law, Ralph Forbes, accused of attacking an officer, al- though playfully. Montgomery's testimony admits him into the chief's home where he meets his daughter, Elizabeth Allen. At the chief's home he discusses methods of capturing Mr. X, but excites the suspicion of Connor (Lewis Stone), assistant chief, who senses Montgomery's criminal tendencies. With the trail hot, Mont- gomery decides to outsmart Connor, goes after Mr. X himself, and in a slam-bang action finish, gets the murderer and wins the girl. The production, with Montgomery differently clever and with a strong supporting cast, seems destined to give fine entertainment satisfaction, especially to the masses. Jt is good in the creative departments and is peaked with the necessary box-office elements, including comedy. The picture opens at the Capitol, New York, Friday. "Dark Hazard," tonight's preview at the Rialto, was reviewed from Holly- wood by zvire on Nov. 20. Charles Ford Comes To Reels' Defense A defense of the newsreels in the form of a reply to an American Mer- cury article of last November, which described the reels as having "aban- doned the service of history and set up shop as entertainers" was de- spatched to Alfred A. Knopf, publish- er of the Mercury, yesterday by Charles Ford, managing director of Universal's Newsreel and author of the reply. Ford's defense of the reels charges the article with "generalizations" and points out numerous shots of a his- torical nature obtained by the reels which were ignored or dismissed with slight attention by the author of the article. RKO Contingent East Hollywood, Feb. 20. — A. H. Mc- Causland, J. R. McDonough, B. B. Kahane and Ned E. Depinet leave here Wednesday night for New York, where they are scheduled to arrive Saturday following several weeks of conferences at the Radio studios which resulted in numerous executive shifts announced earlier. Allied Meet a Flop Trenton, Feb. 20. — A meeting of Allied of New Jersey here turned out to be a flop because of the heavy snowstorm. Only a handful of mem- bers attended. K. C. Club Is Formed; Hensler Named Head Kansas City, Mo., Feb. 20. — A Variety Club was organized here to- day. Officers were named as follows : Frank Hensler, M-G-M, president ; Arthur Cole, Paramount, first vice- president : Clarence Schultz. Com- monwealth Theatres, second vice- president; Francis Ritter, Fox Mid- west, secretary ; Charles Shafer, Fox Midwest, treasurer. The following were elected to the board of gov- ernors : L. J. McCarthy, Fox Mid- west : T. R. Thompson, Radio ; Elmer Rhoden, Fox Midwest ; Irwin Dubin- sky, Ralph Li Beau, Paramount ; William Warner, Warners. Fox Studios Using Two Writing Staffs Hollywood, Feb. 20. — Fox has two writing departments, one for the Hollywood studio where Sol Wurtzel presides and the other for the West- wood Studio headed by Winfield Sheehan. Jason Joy, who has just returned to the latter after several months back at the Hays office, gets the title of scenario editor. His duties will include cooperation with Julian John- son, head of the story department ; handling writers and their assign- ments, following through on scripts and conferring with producers on the written product. Milwaukee Receives "Moulin" Travelers Milwaukee, Feb. 20. — The "Moulin Rouge" caravan rolled into town with plenty of excitement. L. K. Brin, owner of the Garden, opened the place for a special show with the visitors at 75 cents top and sold out. One of the features of the visit was a broadcast from station WISN, the Sentinel-News affiliate. Later the troupe broadcasted from the Hotel Schroeder over WTMJ. Chicago is the next stop. Insiders' Outlool (Continued from page 2) rumor, you know. . . . Cautiou; Erpi is pinning faith, certain!) much and very nearly all, cn those sound experiments con- ducted in the Engineering So ciety Building a couple of week ago. Privately, officials declare the potentialities lurking in tli< development which is Dr. Harve) Fletcher's are terrific. Fletchei is director of physical researcl of Bell Telephone Laboratories You won't hear much about mil perhaps for a couple of years but then. . . . What old-time cir cuit man is about to unload plen ty and maybe make a lot of fel lows uncomfortable? Curb you, patience. You'll find out. . . K A X X Para. Loaned U. A $3,000,000— Zuko Paramount loaned United ArtifJ $3,000,000 at one time but the trar | action did not call for acquisition any interest in the company, Adol Zukor Paramount head testified yt terday in refuting an implied link 1 tween the two companies in t course of his examination in conn(: tion with the anti-trust suit brous by Frank Rembusch against maj; companies and the M.P.P.D.A. T; suit, seeking damages of $2,000,0 is in its second week of trial befc Judge Alfred M. Coxe in U. S. D; trict court here. Zukor's testimony was largely a historical nature, dealing with t development of Paramount and otl companies. He testified that at I height of its theatre expansion Pai mount held "probably 800 or theatres." Preceding Zukor on the stand Louis Phillips, of the Paramot legal staff, who introduced in evider a large number of franchise agn ments between Paramount and hibition companies. He stated tl j such agreements made with indeper ents outnumbered those made w affiliated concerns "15 to 1." Grace McCracken, bookkeeper Rembusch, a former Indianapolis e hibitor. testified that the complain; is now on parole from an asylu The trial is scheduled to resume I dav. Judell Gets Majestic Chicago, Feb. 20.— B. N. Judell, Inc., has again acquired the Majestic franchise for this territory. Local Maiestic branch will be closed with Mike Kahn, Majestic branch manager joining the Judell organization in charge of Majestic sales. "U" Lab to Reopen Hollywood, Feb. 20. — Universal will reopen its laboratorv around April 1, having paid off $400,000 "of its $1,000,000 loan from Consolidated, with the balance as a first mortgage on its studio properties. This means saving $300,000 yearly. Mrs. Shenberg Dead Hollywood, Feb. 20. — Mrs. Hymen Shenberg, mother of Mrs. Louis B. Mayer, is dead after a long illness at 72. P-P Meet Snowed Und* A meeting of Paramount Pub creditors scheduled for yesterday 1 fore Referee Henry K. Davis w postponed to Feb. 28, due to the ability of several attorneys to be hand. Samuel Isseks, of counsel f Paramount Publix trustees, advis that he was snowbound in New Jf sey, while Godfrey Goldmark, attc ney for Paramount, was confined his home with a cold. Cooper Sticks with Pari Hollywood, Feb. 20. — Gary Coc, er gave the lie to rumors that would become a free lance upon cor pletion of his current contract wi I Paramount by signing a new loil termer with the company todaj'. n his great picture "Bring 'Em Back Alive" Frank Buck ave spell-bound audiences their first sight of the jungle at rar with itself, with its thrilling fights and survival of the trongest. In "Wild Cargo," his latest adventure, he now hows the jungle at war with Man. Not the war of guns and ruelty but the battle of wits between Man and his cunning ntagonists. There are thrills aplenty in this new film and rildly exciting surprises, such as the time when Buck had 3 saw off the tree limb on which a black panther perched and nother time when after trapping a tiger found that he had o descend into the pit and lasso the man-eater. Nature, it eems, conspired to save her biggest thrills for FRANK BUCK'S "WILD CARGO" fan Beuren Production RKO Radio Picture Directed by Armand Denis COMING SOON! The above' graphic drawing is one of a series of scenes from "Wild Cargo", sketched from an actual "frame" of the film by the famous artist J. Clinton Shepherd. There's no time for "stills" in a world full of thrills! MOTION PICTURE DAILY Wednesday, February 21, I9i Cincinnati (Continued from page 1) cated in the local high school there. He joined Universal Feb. 9, 1931, and has been branch manager here since that date. Earlier, Krieger spent 10 years locally with First National. W. A. Finney, representing affili- ated exhibitors on grievances, has been in the business many years, most of them with the Loew circuit. Stepping from the outdoor billboard field some- where between 20 and 25 years ago, Finney became treasurer of the New Amsterdam Theatre, New York, and then joined the Loew organization as an assistant house manager in the Middle West. He has known E. A. Schiller, vice-president of Loew's, Inc., from the days when the latter was prominent in the theatre business in Atlanta. Finney is now district manager with a cute territory to cover, including Kansas City, St. Louis, Co- lumbus, Dayton, Toledo, Akron, Can- ton and Indianapolis. He makes his headquarters in Columbus, where the circuit operates the two former Billy James theatres, the Broad and the Ohio. John Elliott, representing unaffili- ated exhibitors on grievances, is presi- dent and general manager of the Phoe- nix Amusement Co. of Lexington, Ky. The corporation operates several the- atres, one each in Richmond and Paris. exhibitors on grievances, is an old Publix man. He started for the com- pany in Kansas City as manager of the Newman, subsequently becoming city manager there, and then district man- ager in charge of the Electric circuit, which Publix took over. The string included houses in Kansas City, Kan., and Joplin, Mo. When Publix made its operating deal with the Dubinsky brothers, Finske transferred to Den- ver, where he now operates that por- tion of the former Publix string which reverted to Joe Cooper in the court split of the circuit in that territory. Burns Ellison, representing un- affiliated exhibitors on grievances, is the owner of the Federal here. The house seats 804. J. H. Ashby, representing affiliated national distributors on clearance and zoning, had been manager for Pathe in Denver at the time RKO acquired the company about two years ago. The Who? What? When? The Richmond house is the Madison, capacity 987. The Paris house is the Bourbon, capacity 709. Elliott is one of the oldest exhibitors in Kentucky and belongs to no national exhibitor organization. Maurice White, representing affili- ated national distributors on clearance and zoning, has been manager for Warners here for the last 18 months. From 1921 to 1928 he was alternately a salesman and a manager for First National, most of that time finding him stationed in Cincinnati in charge of the local office. For several months in the early part of 1932 he was booker for RKO Midwest here. From 1928- 1931 White was branch manager for Columbia in New York. Allan Mokitz, representing unaffili- ated distributors on clearance and zon- ing, has for years been identified with the sale of film. He started with Co- lumbia on Sept. 2, 1931, and now is manager of its Cincinnati exchange. Ike Libson, representing affiliated first runs on clearance and zoning, is a pioneer exhibitor who stepped out of virtual retirement a few months ago to operate as divisional manager for RKO the houses he himself built and sold to that company at top prices during the theatre boom. The deal by which he consented to return in charge of RKO Midwest gives him complete operating control of the houses which make up Midwest and, therefore, un- challenged control of the city. As Libson says and thinks, so goes the business in this southern Ohio city. In- dicative of how RKO and Libson have matters their own way locally are their operations which include the Albee (3,317 seats), Palace (2,596), Para- mount (2,161), Capitol (1,964), Grand (1,451), Lyric (1,394), and Family (1,070), all downtown. Libson also runs the Dayton division for RKO with James L. Weed as city manager, while here in Cincinnati Arthur Fru- denfeld, former RKO divisional man- ager in Detroit, is the right bower. The Dayton group includes the Keith (2,696 seats), Colonial (1,696) and State (1,007). The latter is dark as is the Orpheum in Cin- cinnati. J. Real Neth, representing unaffili- ated first runs on clearance and zon- ing, is the best known independent op- erator in Columbus where he is w:idely known and affectionately regarded. His major house, a downtown first run there, is the Grand, which seats 1,000, but others in his circuit include Denver (.Continued acquisition retained him as branch manager here, a post which currently he fills. Wayne Ball, representing unaf- filiated distributors on clearance and zoning, has held posts with Warners and Erpi. He joined Columbia as a branch manager on May 4, 1932, in this city, a post which he now holds. Rick Ricketson, representing af- filiated first runs on clearance and zoning, was formerly an independent operator of a small circuit and sold out to Fox West Coast during the re- gime of Harold B. Franklin as presi- dent. Later, he went to Los Angeles as manager of the Paramount and then returned to Denver as operator for Skouras of the Fox West Coast thea- tres in the mountain district, holding the post for the past two years. His division embraces 25 theatres. Lo- cally, much opinion regards him fa- vorablv and recognizes him as a the- from page 1 ) atre operator of real merit. Harry Huffman, representing un- affiliated first runs on clearance and zoning, is the kingpin of theatre op- eration in Denver today. All of the important houses here are under his wing, via operating and leasehold deals made with Paramount for the Para- mount (2,000 seats) and Denver (2,500 seats) and with RKO for the Orpheum (2,600). Into the pool, Huffman threw his own Tabor (2,269) and Aladdin (1,500) and so sewed up all of the product in the city. It is understood his deals with Paramount and RKO give him a salary for oper- ation, a split of the profits and no commitment to stand any of the losses. Operation is vested entirely in him. Some local opinion does not regard him as unaffiliated. His pooled com- pany operates as General Theatres, Inc. Henry A. Goodridge, representing the Cameo (560), Eastern (9fXj, State (1,600), and Clinton (1,001 The latter are all subsequent rtd neighborhood houses. About 10 y<3 ago, Neth was associated with W Ham M. James, who built the Bro and Ohio and later sold them Loew's. Neth is not affiliated with a national exhibitor organization. Frank W. Huss, representing u affiliated subsequent runs on clearan and zoning, operates in Cincinn; neighborhoods, his string embraci: the Park, seating 480 ; Americus, s« ing 500 ; Royal, seating 290 ; and Ii perial, seating 770. He has been theatre operator for 14 years and h no connection with any national e hibitor organization. W. A. Keyes, second exhibitor re i resenting unaffiliated subsequents i clearance and zoning, today operat the Victory, a 1,414-seat house in Da ton, and has been for many years. T house, formerly a haven for legitima stage shows, switched to pictures abo-* five years ago. Keyes is not affiliat with any national exhibitor body. Neth, Huss and Keyes former were affiliated with the Ohio M. P. ' O., however, but automatically reli quished their membership when t) independent theatre faction througho the state withdrew from the unit up< formation of the Independent Theat Owners of Ohio in Columbus la week. unaffiliated subsequent runs on clea- ance and zoning, is secretary of tl International Amusement Co. mi headquarters here. The company ope ates the Ogden (1,221 seats) and Hi; watha (785), Denver and the Liben. Bell (650), Leadville. He belongs no exhibitor organization. Code Ai thority listed his first name as Harr This is incorrect. Ed. J. Schulte, second exhibits representing unaffiliated subsequei runs on clearance and zoning, is vice-president and director of tl Rocky Mountain Theatre Owner Ass'n and resides at Casper, Wy He is the owner of the Rex (8( seats), American (826) and Riall (840) in that town and the Romar (400) in Wheatland, Wyo. The Rock Mountain association is not affiliate nationally with either M. P. T. O. I or Allied, although its leanings froi time to time have been toward tf latter. Kansas City Kansas City, Feb. 20. — Ward Scott, representing affiliated national distributors on grievances, is a veteran Fox sales executive, his period of ser- vice with the company dating to Dec. 5, 1921, when he joined as manager in Denver after posts with Pathe and Mutual. On Jan. 31, 1925. he was shunted to Cleveland, where he broke all records for business at that Fox exchange. His record there resulted in a promotion to Kansas City. When John D. Clark became general man- ager of distribution, he promoted Scott to a district managership embracing Kansas City, St. Louis, Omaha and Des Moines. Scott makes his head- quarters here. William Benjamin, representing unaffiliated distributors on grievances, has been Universal branch manager here for two years, having joined the company on April 25, 1932. Prior to that, he was a district manager and a branch manager here for Columbia. This is his second association with Universal, the first having been in In- dianapolis. Code Authority errone- ously listed his first name as Bennie. Lawrence Lehman, representing affiliated exhibitors on grievances, dates many years of his experience as a theatre operator to activities in Kan- sas City. From 1907 to 1910 he was assistant manager and treasurer of the Orpheum, Memphis. From 1910 to 1913 he was press agent for the Or- pheum, Kansas City. Somewhere in that span of three years, Lehman also handled a stock company for Orpheum in the Middle West. For 17 years, or from 1911 to 1928, his activities in various directions centered in this city. Since 1921 he has been manager of the Main Street here and at one time was city manager for RKO in Kansas City. That post was dropped when the com- pany confined its theatre representa- tion to the one theatre, the Main Street. Lehman is a Shriner and an Elk and a linguist, to boot. He num- bers German and French among lan- guages he knows well. Jay Means, representing unaffiliated exhibitors on grievances, is presidei of the Independent Theatre Ownei of Greater Kansas City, a local orgar ization of independents which has n affiliation with either of the two m tional exhibitor associations. Whe Means talks, his viewpoint is genei ally regarded here as representative c the independent operators in this citi His theatres are the Oak Park wit 900 seats and the Bagdad with 1,00 seats. Ralph Li Beau, representing ai filiated national distributors on clear ance and zoning, is a Paramount vet eran. He has been with the compan two decades, 14 years of which hav (Continued on page 12) "SING AND LIKE IT" ". . . a preview audience shrieked from start to finish . . . William Seiter's direction is smooth and well timed for laughs. . . ." Motion Picture Daily "This is one of the funniest comedies let loose in years. William A. Seiter's perfect timing and sly intelligence in directing this film stamp him as a great comedy director. He never missed a trick — and they're all new ones." Daily Variety " 'Sing and Like It' comes across as a grand piece of travesty which will regale any audience. Excellent trouping matched by smart direction of William A. Seit- er, keep the pace and the pitch of the picture in high." Hollywood Reporter ". . . side-splitting comedy that builds to a great climax, corking direction . . . one of the finest comedies in a long time. . . ." Showman's Round-Table Directed by WILLIAM A. SEITER AN RKO -RADIO PICTURE 12 MOTION PICTURE DAILY Wednesday, February 21, 1934 - No New Rules Seen In Germany's Code (Continued from paf/e 1) more than a year. The new code will not alter the situation, they believe, and they regard the document as be- ing in the nature of an industry man- ual based on existing Nazi laws and regulations. Policies and activities of American companies in Germany are not ex- pected to undergo any further change as a result of the appearance of the new code, as they were revised and adapted to the earlier legislation. The code recognizes Dr. Paul Jo- seph Goebbels, Minister of Propa- ganda, as virtual "dictator'' of pro- duction and exhibition, with power to pre-censor or ban scripts and to bar from exhibition in Germany any and all pictures of a producer or distribu- tor who makes and releases a picture containing material not pleasing to the Nazi Reich. Levey Talks Strike Call in All Houses A general strike of ushers and jan- itors in the ranks of Local 118, Build- ing Service Employes Union, was threatened yesterday by Charles C. Levey, secretary-treasurer of the local, in retaliation for the ultimatum issued by representatives of 95 per cent of the Greater New York theatre opera- tors last week that they would refuse to negotiate with Levey's organization for an exclusive contract on the grounds that they were already ful- filling all labor provisions of the film code. Levey said the strike order would be asked at a general membership meet- ing of the local to be held at Palm Garden on Monday. Next Tuesday, Levey said, he would take complaints against Loew's, involving the circuit's alleged refusal to reinstate two ushers unconditionally, to the National Labor Board at Washington and would,' at the same time, file charges there against other circuits. Levey petitioned the Regional Labor Board here for further action yester- day following Paramount's refusal to reinstate 17 ushers who walked out of the Paramount, Stapleton, S. L, following the theatre's refusal to ne- gotiate a new wage contract. Para- mount, on Monday, took the position that the walkout was improper and re- lieved it from further negotiations with the local. Who ? What? When? (Continued from page 10) been spent here. Li Beau was born in Indianapolis. Upon graduating from high school there, he went to work in machine shops of the Atlas Engine Works, where, after spending a year and a half, he was promoted to the drafting department and then to sales, being finally made assistant to the general claim agent in an engineering capacity. In 1908 Li Beau went to Kansas City and became cashier for A. D. Flintom, who at that time op- erated a penny arcade. In 1910 he was sent to Oklahoma City to take charge of the branch office of General Film, also owned by Flintom, and later was sent to Milwaukee for the same com- pany. In the meantime, Flintom had become one of the original franchise holders of Famous Players Film and in 1914 Li Beau was transferred from Milwaukee to Des Moines to open an exchange. He remained in Des Moines when Paramount took over the exchange, and in 1920 returned to Kansas City in the capacity of district manager, his current post. Harry Taylor, representing unaf- filiated distributors on clearance and zoning, dates his experience in the in- dustry to 1909 and all of it here. He has been with Columbia for three years and, while a branch manager in Kansas City currently, was once a district manager for the company. His various posts included a one-time western salesmanagership with Uni- versal, headquarters in New York, and a district managership for the Laem- mles on local ground. Elmer C. Rhoden, representing af- filiated first runs on clearance and zon- ing, is another veteran Kansas Cityite. He once operated his own circuit in these parts and sold out to Fox Mid- west when Harold B. Franklin was president of Fox West Coast, which controlled Fox Midwest. After the sale, he was retained by Franklin as district manager with headquarters here, a post which he still holds under Skouras direction. Fox Midwest no longer is numerically as strong as it was at its height, but even today its theatres total about 75. A. F. Baker, representing unaffili- ated first runs on clearance and zon- ing, is president of the Kansas-Mis- souri Theatre Ass'n, which operates in this distribution area. He is also manager of the Electric in Kansas City, Kan. The theatre seats 1,500. The Kansas-Missouri Theatre Ass'n has no national exhibitor affiliation. Fred M. Meyn, representing unaf- filiated subsequent runs on clearance and zoning, is operator and manager of the Pershing, a 790-seat house in Kan- sas City, Kan., and a member of the I. T. O. E. E. Webber, second exhibitor rep- resenting unaffiliated subsequent runs on clearance and zoning, is operator and manager of the Mary Lue. ca- pacity 660. Like his board associate, Meyn, he is a member of the I. T. O. Loew's, Paramount Await K. C. Moves (Continued from page 1) of that city are actually in effect, rep-,< resentatives of both companies said yesterday. [ ml If the subsequent run exhibitors carry out their announced intention second phase of the fiscal program b; the special taxation committee. Meanwhile, three new sources o revenue have been suggested to th committee by Carlton S. Darguscl special taxation commissioner. The are : Three per cent retail sales tax 2]/2 per cent tax on gross annual re ceipts, and a combination two per cen sales tax and one per cent individua income tax. It is estimated that each of the thre plans will yield approximately $51, 000,000 yearly. One probably "will b recommended by the committee, bt whether it can be passed by the legis lature as a replacement measure fo the nuisance tax remains a question c considerable doubt. The nuisance ta? including admissions, is designed t help care for the weak school district and poor relief. Part of the latter ha been absorbed by the CWA. Birmingham Houses Win 10% Tax Figh Birmingham, Feb. 20. — Theatre ir terests won a victory here today whe the City Commission announced it ha abandoned plans for a 10 per cent ta on admissions and, instead, would lev a general sales tax of one per cen effective March 1. Theatres are willing to pay the share of the sales tax, but they ba tied unitedly against any special ta classifying amusements as a non-essei tial business. The Leading Daily Newspaper ii n jit it of the Motion Picture Industry MOTION PICTURE DAILY Alert, Intelligent and Faithful Service to the Industry in All Branches )L. 35. NO. 44 NEW YORK, FRIDAY, FEBRUARY 23, 1934 TEN CENTS ays Denies Interest in Film Boards PPDA Connection Only "Indirect," He Says The M. P. P. D. A. was interested iy "indirectly"' in Film Boards of Ifade. Will H. Hays testified Wed- jeday at the trial of the Frank Rein- jpch anti-trust suit against major Vnpanies now under way before dge Alfred M. Coxe in U. S- Dis- pct Court here. •'Hays said he was "not familiar" Eth the functions or duties of the tin Boards, being aware of their op- ations in only a general way. When own what was purported to be a py of a report on the boards sub- !'tted to the board of directors of ; M. P. P. D. A., Hays said that (Continued on page 12) asurgents Oppose Kansas City Pacts Kansas City. Feb. 22. — Efforts to l,d the downtown price war here by ifeans of an agreement among subur- Bs to eliminate giveaways. 10-cent tkets and other practices may hit e rocks because of the opposition of ir houses. A majority of the houses have al- jady signed an agreement, according j a committee in charge of gathering (Continued on pane 12) W andF &M Call Off Theatre Dicker Los Angeles, Feb. 22. — Because of fferences arising from an operat- g arrangement in San Francisco. ).\ West Coast has called off its deal Kh Fanchon & Marco, whereby the , rmer would turn over seven houses j the latter for operation. As a result of the dropping of the (Continued on pane 12) Story Buy "Snowbound," a saga of the cold country, written by Charlie Einfeld and dealing with his winter hibernation in the wilds between Scars- dale and Larchmont, prob- ably will appear on the Warner schedule next season as a super-super. It ought to be hot. Relief of Authority Members From Legal Liability Planned Washington, Feb. 22. — Amendment of all codes to relieve mem- bers of code authorities from responsibility for acts of their fellow members is planned by the National Recovery Administration. A provision for inclusion in codes relieving authority members of responsibility for all but their "own wilful mis-feasance or non-feasance" has been drafted by the legal division of the admin- istration and laid before a number of industries for consideration. The new clause provides that "nothing contained in this code shall constitute the members of the code authority partners for any purpose, nor shall any member of the code authority be liable in any manner to any one for any act of any other member, offi- cer, agent or employe of the code authority; nor shall any mem- ber of the code authority, or any agent thereof, exercising reason- able diligence in the conduct of his duties hereunder, be liable to any one for any action or omission to act under this code, except for his own wilful mis-feasance or non-feasance." Imports Hold NRA Awaiting Up in Face of Onslaught of Nazi Upheaval Code Critics Washington. Feb. 22. — In spite of all the turmoil incident to Nazi re- organization of the German film in- dustry, American film imports reached 213 features for 1933, an in- crease of three over 1932 and 69 be- low the total for 1931. These figures are contained in a summary of German conditions sent to the Bureau of Foreign and Domes- tic Commerce of the Department of (Continued on page 2) Washington, Feb. 22. — To what extent critics of the film code — es- pecially Allied — will avail themselves of Administrator Hugh S. Johnson's invitation to lay all cards on the table here Feb. 27 is a subject for specula- tion. Observers agree that the whole sub- ject has been laid wide open for fur- ther discussion, although specific com- plaints about the workings of the film (Continued on pane 8) Who? What? When? rHIRl) in the series of biographical sketches of tlic men in the field who zvill keep the code going. Already published have been data on boards in Cincinnati, Denver. Kansas City, Los Angeles, Minneapolis and Seattle. Today's instalment covers Dallas, Indianapolis and St. Louis. Dallas Dallas, Feb. 22. — Leroy R. Bick- ell, representing affiliated national distributor on the Dallas grievance board, has romance in his business background. He first became inter- ested in pictures while running a loco- motive on the Louisville and Nash- ville out of Birmingham, Ala. In 1907, which is a couple of centuries as this business goes, he opened Okla- homa City's second theatre. The date may be historically significant; it was on Feb. 11. On Hallowe'en Night (Continued on page 6) Indianapolis Indianapolis, Feb. 22. — J. HIarold Stevens, representing affiliated na- tional distributors on the Indianapolis grievance board, entered the employ of Paramount in the Boston exchange on June, 1925, as a booker. Two years later he was made a salesman. In 1929 came an appointment as branch manager covering Maine. In October, 1932, came his transfer to Indianapolis where he has since remained in charge of the company's exchange. Floyd Brown, representing unaf- (Continued on page 6) Allied's Suit Reported Off; Myers Says No Rumor Code Qualification Rule May Be Changed Reports were current Wednesday that Allied's suit against Code Au- thority had been "virtually settled" and signing of out-of-court agreement hinged on one point. The suit, slated to come up in the U. S. District Court today, according to reports, will not be heard and is set for another postponement if the reputed settlement is not reached this morning. The suit of the Congress, Newark, an Allied member, pivots about sign- ing code assents with qualifications. It is understood that if the action is settled out of court, the qualification angle will be modified, but to what extent could not be learned late Wed- nesday. Spokesmen for Code Authority de- (Continued on page 8) Report Rosenblatt Wants ITO A Roster Division Administrator Sol A. Ro- senblatt is understood to have re- quested from Harry Brandt a bona fide list of all members in the I. T. O. A. Rosenblatt, it is understood, is seeking this data before he sits down with Brandt and attempts to formu- late a basic wage scale for local houses. A meeting on the local op- erator question is tentatively set for Monday. M. P. Daily's Flash First in Cincinnati Cincinnati, Feb. 22. — Official ap- pointments to the local grievance and zoning and clearance boards, as flashed here by wire from Motion Picture (Continued on page 8) 250,000 Daily Approximately 250,000 per- sons attend theatres in New York City daily, Paul Hol- lister, vice-president of Macy's, told the Ampa Wed- nesday. He said the figures were supplied by the Hays organization. Daily attendance at Macy's, he said, averages from 100,- 000 to 150,000. MOTION PICTURE DAILY Friday, February 23, 1934 MOTION PICTURE DAILY (Registered U. S. Patent Office) Vol. 35 February 23, 1934 No. 44 Martin Quigley Editor-in-Chief and Publisher MAURICE KANN Editor JAMES A. CRON A dvertising 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 copyrfghted 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. ^ . TT . T f„ Hollywood Bureau: Postal Union Lite Building, Vine and Yucca Streets, Victor M. Shapiro, Manager; Chicago Bureau: 407 South Dearborn Street, Edwin S. Clifford, manager; London Bureau: 6 Brookland Close, Hampstead Garden Suburb.Beriiard Charman, Representative; Berlin Bureau: Berhn-Tem- pelhof, Kaiserin-Augustastrasse 28, Joachim K Rutenberg, Representative; Paris Bu- reau: 19, Rue de la Cour-des-Noues, Pierre Autre Representative; Rome Bureau: Viale Gorizi'a, Vittorio Malpassuti, Representative; Sydney Bureau: 102 Sussex Street, Chit Holt, Representative; Mexico City Bureau; Apartado 269, James Lockhart, Representa- tive; Glasgow Bureau: 86 Dundrennan Road, G. Holmes, Representative; Budapest Bureau: 11 Olaaz Fasor 17, Endre Hevesi, Representative. 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. Raynor Quits F. D. Post Albany, Feb. 22. — William Ray- nor has resigned as manager of the First Division exchange here. No successor has yet been appointed. Al Friedlander left late Wednes- day afternoon for a tour of all First Division exchanges. He will be gone indefinitely. Sherman Not Out Despite a general shakeup in the Morning Telegraph editorial staff, Al Sherman continues as film critic. Will Gordon, who was recently let out, has also returned to the staff. MOTION PICTURE ALMANAC 1954-55 NOW /A/ PA£PA/iA T/OA/ WHERE THE WORLD LOOKS FOR MOTION PICTURE PKKE .5, Imports Hold Up in Face of Nazi Upheaval 'Continued from page 1) Commerce by Trade Commissioner George R. Canty in Berlin. The decline of American film im- ports into Germany has been steady since the high total of 560 in 1924, but the relative percentages have not changed much. In 1924 the U. S. had 33 per cent of the imports and last year it had 31 per cent. In 1924 im- ported pictures made up 39 per cent of the total shown in Germany and last year they were 57 per cent, show- ing a decline in German production as a result of the reorganization. This has been made up for, Canty's report shows, by the cutting down of double features, with their total elimination set for next August. Ufa continued the biggest German producer with 20 features. T. K. and Aco were second best with six each. Before sound, Germany depended for 40 per cent of its turnover on ex- ported films. With this cut off, due to the language barrier, foreign boy- cotts against Germany because of the anti-Jewish moves, and depreci- ated currency, expenses have been slashed. An average of $50,000 is now set for features, according to Canty, with $40,000 for foreign versions and $10,000 for dubbed versions. It is es- timated that $6,000,000 was spent for so-called direct-shot features in 1933 ; $1,000,000 for foreign versions, and $400,000 for dubbed versions. The total number of features produced was 121. Total number of theatres is esti- mated at 5,050, with a seating capac- ity of 1,900,000. an average of 30 seats per thousand of inhabitants. About 75 per cent are wired. Canty's remarks on exhibition fol- low : "The reorganization of theatre own- ers into a single body in the Film Cham- ber did much to correct a previous system filled with sharp practices. Exhibitors now feel that they are am- Changing Times The Waldorf, subsequent run house on West 50th, be- tween the Roxy and the Music Hall, advertised "Secrets" on Wednesday as follows: Leslie Howard in "Secrets" with Marv Pickford ply protected against exorbitant film rentals by their membership in the Film Chamber ; they have profited by the uniform minimum admission-price order of the Chamber ; they expect further assistance in the forced with- drawal of approximately 1,000 theatre licenses in districts which are over- seated, and also the elimination from the industry of exhibitors who failed to prove their merit ; in a revision of their sound equipment contracts in order to reduce payments ; and, in the future, the adoption of a standard renting contract with the film distribu- tors and a much needed relief in the entertainment tax." Audio Changes Studios Audio Productions has moved its camera and animation work from the Bronx Studios to the Fox plant at 10th Ave. and 56th St. More space is provided for John Foster, who is in charge of the animations. Alex Gan- sell has been added to the production staff of Yisugraphic Pictures, Inc., which produces one of the Audio series. Hathaway Promoted Hollywood, Feb. 22. — Henry Hath- away, for 14 years a prop boy and assistant director, who has been direct- ing Paramount westerns for two years, has been given a new contract to di- rect features. Plottel to Winnipeg Jules Levy, general sales manager for RKO Radio Pictures, has named Mark Plottel as branch manager of the Winnipeg exchange. He succeeds L. H. Watrous, resigned. Trading Light on Big Board High Columbia Pictures, vtc 25% Consolidated Film Industries 5 Consolidated Film Industries, pfd 17 Eastman Kodak 93 Eastman Kodak, pfd 133 Fox Film "A" 1654 Loew's, Inc 33% M-G-M, pfd 24 Paramount, cts 554 Pathe Exchange 3% Pathe Exchange "A" 17 RKO 4 Warner Bros 7/4 Low 16% 92M 133 16'/z 32% 24 5 3% 17 334 m Close 25% 1634 9234 133 1654 33 24 5 354 17 334 754 Net Change - % + 34 +354 + Sentry Up 1-16 on Curb Net High Low Close Change Sentry Safetv Control 7/16 7/16 7/16 + 1/16 Technicolor 10 9% 10 Sales 100 200 1.300 300 2.000 500 5.700 100 12.100 2.200 100 4,600 4.300 Sales 200 200 Loew Bonds Gain 2y2 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 '40. '40, RKO 6s '41, pp... Warner Bros. 6s Net High Low Close Change Sales 12 11 11 — % 14 1054 1054 1054 ' + % 13 62 62 62 — % 3 9754 9654 9754 +254 1 38 38 38 —1 1 46 46 46 1 4654 46% 4654 -1% 4 3354 33 3354 + 54 2 57 S6 56 -154 10 nesday, Feb. 21) 4 Purely Personal ► MS. TROP, president of Ga l . Pictures and Goofytone New^ reel, and G. S. Gullette and E. S. Sha.vberger are back from a southern trip during which they have been studying audience reactions. Harry Rosenquest, assistant to Norman H. Moray, Vitaphone sales manager, is back from a two-week trip to Toronto, Buffalo, Rochester, Mon- treal and Binghamton. Gregory Ratoff is in town for a brief stay. He will make personal appearances in Newark and Boston and will sail for England March 10 Mary Pickford will return to the scene of some of her early triumphs at Biograph today to turn a crank on a camera for a scene in "Frankie and Johnnie." Pedro de Cordoba and Robert M. Middlemass have been added to the cast of "Frankie and Johnnie," now- being produced by Chester Erskin at Biograph. Charles Ford of "U" Newsree has issued bullet proof vests to the reel's cameramen in China and Cuba and has a supply on hand for men on hazardous assignments here. John Skillman, who was a New York sales student at Fox, is taking on additional experience out of the] Washington office. Claude Rains, "The Invisible Man," is here rehearsing for a Thea- tre Guild play during a leave of ab- sence from Universal. Harry H. Thomas, president of First Division ExchangeSj has re turned from a three weeks' vacatioi in Miami. Clark Gable gets in from Balti- more this morning ready to star a week of personal appearances at tht Capitol. Lanny Ross will head for New York as soon as he finishes work ii "Melody in Spring" for Paramount Wilhelm Speyer has sold "A Hat a Coat and a Glove" to Radio. Joh> Barrymore will be starred. Hal LeRoy will go on a persona appearance tour after the opening o "Wonder Bar" next Wednesday. Watterson R. Rothacker and hi family leave for Florida today or to morrow. Edwin Ludig has been named mu sical director for Audio Productions Inc.. by W. A. Bach, president. Nate Blumberg and the missus ar rive in Bermuda today and start righ back again. Grad Sears is on a sales trij through the Southeast. Named to Research Bodi Hollywood, Feb. 22. — J. T. Reec president of the Academy of M. F Arts and Sciences, yesterday appoint ed Sam Briskin chairman and Na thaniel Levinson vice-chairman of new research council. A meeting wil be held this week to map out plan for financing this work. Warners Change Title Hollywood, Feb. 22. — Warners have selected "Rhythm in the Air"' as th final title of the Radio feature hithert' called "Hot Air." NEWS OF WEEK IN PHOTO- REVIEW FIRST RECORD FOR 'WONDER BAR' set at Miami world premiere, where Sparks' Commu- nity Theatre hailed midnite opening 'biggest in house history' ! ° ANOTHER MOUTH TO FEED on Warner lot is Gordon Evans, miniature Joe E. Brown picked from thousands for role in 'Sawdust,' comedian's next.0 STARTING THE BALL ROLLING with zip debut in 'Dames', coming Keeler-Powell musical, is Bar- bara (Snooney) Blair, latest kill in Warner beauty hunt. 'MAN DAL AY' HOLDOVER at N. Y. Strand reflects new glory on Kay Francis' third suc- cessive Warner hit.° *A Warner Bros. Picture °A First National Picture Vitagraph, Inc., Distributors THE FAN DANCER! Only Leo can do it! Week after week the biggest STAR names on your marquee! State Th*£- Pvint one J01 MOTION PICTURE DAILY Who? What? When? 6 Dallas (Continued from page 1) first picture show, according to known records, in Ardmore, Okla., operating there until 1912 when he joined Mu- tual as a salesman. He hit the road for a couple of months and then found a job as manager in the same company awaiting him. Continuing there until 1914, Bickell's biography shows he gave it up to go to Cali- fornia with Al Jennings in connection with the latter's production, "Beating Back." Upon its completion, Bickell exploited the picture and also sold it on a state rights basis. In 1915, he returned to Dallas as manager of the Paramount office, then joined Univer- sal, then dipped into exhibition again with purchase of the Rex at Waco which he operated until February, 1917, when he became associated with E. H. Hulsey, whom old-timers will recall in connection with stirring film days in the Southwest. Hulsey, at the time, had just purchased the Metro franchise for the territory. On March 27, 1930, Bickell became branch manager for Metro which had since acquired the "G" and the "M" and here he has been ever since. Claude Ezell, representing unaf- filiated distributors on grievances, dates back his film experience over the trail to 1906 and the Bass Film Co. of New Orleans. He spent many years in the employ of General Film where his posts included branch man- agerships as well as a division man- agership in charge of the South, which was more or less as it should have been, for Ezell was born in Mexia, Texas, on July 9, 1882. Fol- lowed an executive sales post with Select and then an affiliation of some years with Warners during which he was southern as well as western sales manager. In December, 1928, he was made general sales manager by Sam E. Morris, now in charge of Warner foreign sales, but then in charge of the domestic and Canadian sales ma- chine. Ezell quit Warners on Nov. 13, 1931, to return to his native clime as an exhibitor and a distributor. Currently he is in partnership with William Underwood with whom he operates the Independent Film Dis- tributors, Inc., in Texas, Oklahoma and Arkansas and handles Monogram product. His theatre affiliations in- clude the Duel Amusement Co., Com- munity Theatre, Inc., and Palace Theatre Co., all of San Antonio ; and the Oklahoma Enterprises, Inc., and Chickasha Amusement Co. of Okla- homa. Karl Hoblitzelle, representing af- filiated exhibitors on grievances, is the founder and owner of the Inter- state Circuit of Texas, comprising about 40 theatres, and is the opera- tor of approximately 30 other houses owned by Southern Enterprises of Texas, a Paramount subsidiary. This circuit operates in Austin, Dallas, Ft. Worth, Galveston, Houston and San Antonio. Hoblitzelle is a member of the Paramount national theatre ad- visory committee. His Interstate Cir- cuit was developed over a period of years, beginning about 1916. In 1929 he sold out to RKO, which subse- quently turned the houses over to the Hughes-Franklin Circuit. When the latter organization broke up, RKO repossessed the properties and in late 1932 returned them to Hoblitzelle. In 1933, with the receivership of Southern Enterprises of Texas, Hob- litzelle closed a deal with the re- ceivers for the operation of the prop- erties, which include the former Dent and Pascall circuits. Easily, one of the best known theatremen in the Southwest. Roy L. Walker, representing un- affiliated exhibitors on grievances, is a former Federal judge of the circuit court, but now an exhibitor and presi- dent of the Theatre Owners' Protec- tive Ass'n. of Texas, an affiliate of the national M.P.T.O.A. His associa- tion was organized to offset activities in this sector of Colonel H. A. Cole, president of Allied Theatres of Texas, and a bulwark in the national Allied States Ass'n. Walker today practices law in his home city, Lampasas where he owns the 585-seat Le Roy and is believed to hold an interest with Messrs. Cluck and Baker in the 469- seat Beltonian at Belton and the 450- seat Palace in Brady, Tex. Claire E. Hilgers, representing af- filiated national distributors on clear- ance and zoning, had a long experi- ence as a film salesman before joining Fox, his various posts including Pre- ferred Pictures, which Al Lichtman, B. P. Schulberg and J. G. Bachmann once headed on their own ; Robertson- Cole, the forerunner of FBO and RKO; Metro and Paramount. He resigned from the latter company on Jan. 1, 1922, to become a salesman for Fox out of Dallas. On Jan. 9, 1928, after having filled sales and managerial jobs again for Metro and Paramount in the intervening period, Hilgers again returned to the Fox fold to become manager in Kansas City. His record reveals he developed that office from one of the tail-enders in the national setup to one of the first ten in the country. On Nov. 11, 1929, he was transferred to Dallas and has remained here as manager since. Edwin Stanhope Olsmith, repre- senting unaffiliated distributors on clearance and zoning, was born in Paris, Tex., on Dec. 22, 1888. His education includes one year at the United States Naval Academy at Annapolis. His film experience in- cludes posts with Pathe, P.D.C., Tif- fany and Glen W. Dickinson Thea- tres, Inc., which operate in Kansas and Missouri. Olsmith joined Uni- versal on May 9. 1932, and currently is manager of its local exchange. R. J. O'Donnell, representing af- filiated first-runs on clearance and zoning, is an operating associate of Karl Hoblitzelle in Interstate Circuit of Texas and Paramount's Southern Enterprises of Texas, comprising Paramount's southwest division thea- tres. He was operating chief for Hoblitzelle in Interstate for many years and was in charge of its vaude- ville and stage presentation interests. He became associated with Publix in 1929 when RKO took over Interstate from Hoblitzelle and worked out of the Publix home office in New York for a time. In 1930 he was made division manager of Saenger Theatres by Publix and later was assistant to William Saal at Dallas in the opera- tion of Publix southwest theatres. Thereafter, he became Publix division director in charge of both Saenger and southwest theatres. With the de- centralization of Publix and culmina- tion of the operating deal between Hoblitzelle and receivers for Para- mount southwest theatres, 0'Donii.ell again became an operating associate of Hoblitzelle. Harold Robb, representing unaf- filiated first-runs on clearance and zoning, is head of the Robb & Row- ley Circuit which operates an inde- pendent circuit of about 16 theatres in Texas, two theatres at Little Rock, Ark., and a string in Oklahoma. The circuit's headquarters are in Dallas. Robb and Rowley houses in Texas include these: the Ritz (800 seatsL, and Queen (500) in Big Springs : Ritz (2,326), Palace (1,250), Melba (1,000), Rio (400) and Agnes (748) in Corpus Christi; the Texas (1,- 600), Mirror (920), Rosewin (600) and Midway (600) in Dallas; Prin- cess (600) and Strand (400) in Del Rio; Royal (1,009), Strand (930) and Rialto (504) in Laredo; the Texas f 1,000) and Ritz (750) in Palestine; the Texas (1,700), Ritz (800), Royal (800), Lyric (700) and Angelo (425) in San Angelo; the Texas (900) and Washington (472) in Sherman; Palace (650) and Ritz (400) in Sweetwater; Palace (500) and Best (35) in Hillsboro and Dixie (600) and Empire (300) in Waxahachie. Oklahoma holdings em- brace the Liberty (700 seats) in Durant ; the Okla (750) and Mecca (450) in McAllister; and Ritz (1,- 480), Broadway (900), Grand (423) and Yale (38) in Muskogee. Robb and his partner, Ed Rowley, have been theatre operators on these plains for many years. Both of them are very well known to the New York- executive fraternity. Robb and Row- ley are members of the Theatre Own- ers' Protective Ass'n. of Texas. Paul Scott, representing unaffili- ated subsequent runs on clearance and zoning, is a Dallas man. He is the owner of the Varsity, capacity 905, and was once a strong adherent of Allied of Texas. It is understood here he has come to the parting of the ways, however, with Colonel Cole. L. C. Tidball, second exhibitor representing subsequent unaffiliated runs on clearance and zoning, is the owner of the Isis (400 seats) and Rose (452) in Fort Worth where he makes his home. His exhibitor poli- tical affiliation is reported to have veered from Cole of Allied to Walker of M.P.T.O.A. Indianapolis (Continued from fane 1) filiated distributors on grievances, was born on Dec. 26, 1884, in Steward- son, 111. Father, American. Mother, Swedish. Three years of his educa- tive period were spent in a study of electrical engineering. He broke into the film business with First National and P.D.C. and joined Universal on Dec. 15. 1930. Currently, Brown is branch manager for that company in this city which is the scene of most of his celluloid experience. I. M. ("Izzy") Halperin, repre- senting affiliated exhibitors on griev- ances, is managing director of the Indiana for Monarch Theatres, an unaffiliated circuit established a year ago by Milton Feld and David J. Chatkin, former Publix executives. Halperin is a cousin of Sam Katz, former head of Publix, now inactive although reputed to be financially in- terested in Monarch. Halperin was a Publix executive for about eight Friday, February 23, I9J years, having been associated vjl" B. & K., Chicago, then going to &| home office as assistant to Jack Pari ington, head of the Publix stage pr.j duction department; later heading tl, department himself. Subsequently f was made division theatre managi at Detroit, a post he held until h resignation in 1932. He became a sociated with Monarch at its inceptic a few months later. There is son confusion locally over his appoin ment as representative of affiliated e: hibitors, since Monarch Theatres, far as is known, has no producer > distributor-ownership hook-up. Charles Olsen, representing ui affiliated exhibitors on grievances, the operator of the 2,000-seat Lyr which he originally built and least for seven years to Fred Dolle • Louisville. Olsen has had the hou back for about six months and is np operating himself. George Landis, representing a' filiated national distributors on clea ance and zoning, has been a Fox ma here since 1923. He got going wi the company locally as a salesm; and was made manager in 1923. Tv| years later, a shift returned him to salesman's job here. Again in 192 Landis was given the office and hi been manager from that day to this. Marty Solomon, representing ui affiliated distributors on clearance ai zoning, is a New Yorker now resi ing in Hoosier land as local manag* for Columbia. He joined the compai on Nov. 8, 1930, was given Indian- polis and has stuck to it since tl; appointment was handed out. Jack Flex, representing affiliati first-runs on clearance and zoning, the manager of Loew's Palace, a c \ 000-seat dreadnaught, and has be< since 1928. Before that, he was assis ant manager in Loew houses in Was! ington. Age, about 33. Kenneth Collins, representing u affiliated first-runs on clearance ar zoning, manages the Apollo, operat< by Fred Dolle of Louisville and L dianapolis, first-run outlet for Fc product under long-term franchis Collins has held this post for tl last seven years. Manny Marcus, representing ui affiliated subsequent runs on clearani and zoning, headquarters in Fo Wayne. He is the operator of tl 1 Alamo (500 seats) and Cozy (300 grind houses in Indianapolis, and first-run in Fort Wayne. A. C. Zaring, second exhibit< representing unaffiliated subseque runs on clearance and zoning, is i old-time Indianapolis showman, da ing back to 1914. His interest cu 1 rently is centered in the Egyptian, 1,077-seat theatre. St. Louis St. Louis, Feb. 22— B. B. Reii gold, representing affiliated nation distributors on the St. Louis grie ance board, is local branch manag for Fox. Before joining the compar almost 10 years ago, he was manag' in Chicago for the old Goldwyn con pany, prior to its purchase by Mara Loew. He remained there one ye; and, at the time of the consolidatk with Metro, was transferred to Cii cinnati. Prior to his managership fi Goldwyn in Windy City, he was a (Continued on page 8) SID GRAUMAN books the first newsreel in three years at the Chinese Theatre ! NEWSREEL MOTION PICTURE DAILY Friday, February 23, 1934 NRA Awaiting Onslaught of Code Critics (Continued from page 1) code probably will not be extensive in view of the fact that code boards have not started_to function. Practically no limitations were placed upon the subjects to be dis- cussed in General Johnson's broadcast. He admitted that in the haste of set- ting up the NRA "there are things in some codes that ought not to be there and things are out of some codes that ought to be there," but later in his speech he said : "I don't mean by any means to say that there is any- thing so much the matter with the codes as they stand that they all have to be reopened and turned inside out." Complaints and criticisms and sug- gestions are to be received in writing as well as verbally and are to be taken up further at the series of conferences of code authorities to start March 5. _ What he seems to be aiming at is that all critics of the NRA can get their complaints off their chests in public with a chance of having some- thing done about it. The aim of the NRA, he said, is to perform a triple duty, which he described as follows: "It is to see that industry does not hornswoggle labor ; that labor does not bullyrag industry ; that neither, separately, nor both in concert, shall exploit the consuming public. Thus we sit always in the white heat of con- troversy. Industry accuses labor, labor accuses industry and the con- sumers accuse both. All these make the welkin ring with their complaints against everybody but themselves." Later he said : "We ask no quarter and we will eagerly study all that is said." Then he called the coming conferences as a "field day for criti- cism." In concluding he said : "No code authority can afford to be absent from the great code conference of March 5 which will be opened by the President. Policies of universal application will be discussed then, and action may be taken profoundly affecting many codes." Who? What? When? M. P. Daily's Flash First in Cincinnati (Continued from page 1) Daily, caused animated discussions among various trade groups immedi- ately upon the announcement being made. The discussions are punctuated with considerable speculation over the grievance board appointees to the ex- tent that it concerns the non-resident members, not from a standpoint of personal ability, but of territorial lo- cations, which resolves itself into a question of the constant availability of the out-of-town members to partici- pate in the various . grievance board meetings at this exchange center. The experience and efficiency of these members, as well as their spirit of fairness in all industry matters are not questioned, but the first flash of the appointments has caused conjec- ture as to whether the distant loca- tions might constitute a potential handicap to the efficient functioning and administration of this particular board. (Continued sistant manager of that office for about 18 months, had been in charge of a sub-branch in Milwaukee and also was an assistant in Omaha for a year and a half. Upon joining Fox, on Aug. 4, 1924, he was assigned Oklahoma City as manager. On Sept. 25, 1926, he took charge of the newly- opened Des Moines exchange, re- maining there until Jan. 16, 1928, when he was given his current post as branch manager in St. Louis. Barney Rosenthal, representing unaffiliated distributors on grievances, is secretary-treasurer of Premier Pic- tures Corp., distributor in this terri- tory for Monogram, and the dean of the St. Louis film colony. From 1924 to June, 1929, he was president of Columbia Pictures Corp. of Missouri, later selling his interest in that con- cern when Joe Brandt and the Cohn brothers — Harry and Jack- — went into their nationalization program. A few months later with Nat Steinberg he organized Premier Pictures. For 11 years, Rosenthal was manager of the local Universal exchange. Prior to that he served two years as office manager for the Swanson-Crawford Film Co., and also as a salesman for that company, his entire connection with it covering the period 1909 to 1914. Rosenthal's film career covers a period of 25 years. Leto Hill, representing affiliated exhibitors on grievances, is zone man- ager for Warner Theatres in this neck of the woods and in charge of the affairs of the St. Louis Amuse- ment Co. which operates a string of houses in the greater city. They in- clude Grand-Florissant (1,750 seats), Lindell (1,659), Granada (1,585), Shenandoah (1,560), Manchester (1,- 545), Maplewood (1,500) in Maple- wood, a suburb; Aubert (1,437), Mikado (1,348), Tivoli (1,3321, Pageant (1,312), Columbia (1,200). Shaw (1,100), Novelty (1,085), West End Lyric (1,032), Union (1,029), Gravois (1,012), Maffitt (955), Kingsland (900), Capitol (854), Congress (898), Lafayette (763), Hi Pointe (702), and Downtown Lyric (550). He is a member of the M.P.T.O. of St. Louis, Eastern Mis- souri and Southern Illinois, affiliated with the national M.P.T.O.A. Louis Ansell, representing unaf- filiated exhibitors on grievances, oper- ates the 1,020-seat Ritz and the 1,- 476-seat Empress here. He is a mem- ber of the M.P.T.O. of St. Louis, Eastern Missouri and Southern Il- linois. Maurice Schweitzer, representing affiliated national distributors on clearance and zoning, is a southerner and was born in Bristol, Tenn., in 1896. He was educated there and completed two years at Vander- bilt College, Nashville. For three years, Schweitzer traveled a women's ready-to-wear line for the S. Fiter- man Co. and broke into the film busi- ness via the Paramount route as a salesman in Minneapolis. This was in 1920. Later switched to Kansas City as a salesman, he remained there for from page 6) the following five years. Schweitzer was elected to the company's "100 Per Cent Club" in 1926 and in Octo- ber of that year was moved up the line to his present position. He is local Paramount manager. Clarence D. Hill, representing unaffiliated distributors on clearance and zoning, is manager here for Col- umbia, a post he has occupied for the past three years, less a couple of months. To be exact about it, he started with Columbia on July 14, 1931. From 1927 to 1931, Hill was manager here for Pathe. From 1924 to 1927, he was manager for P.D.C. and from 1919 to 1924, for Hodkin- son. During the World War, he serv- ed overseas for 37 months as a mem- ber of the First Division. Back in the misty days, Hill was an Indiana- polis manager for General Film for two years and also a salesman for that company for an identical period of time. Harold W. Evens, representing af- filiated first-runs on clearance and zoning, has been manager of Loew's State here since 1931. Prior to that, he managed the Loew houses in Rich- mond, Memphis and the newer State in Kansas City. Earlier, Evens was assistant manager of the State in Norfolk and Memphis. He is about 34 years old, a graduate of New York University and currently presi- dent of the Variety Club of St. Louis. Evens, also, is a member of the M.P.T.O. of St. Louis, Eastern Mis- souri and Southern Illinois. Clarence Turley, representing un- affiliated first-runs on clearance and zoning, is connected with the opera- tion of the 3,000-seat Ambassador, the 3,516-seat Missouri and the Grand Central. He is a member of the M.P.T.O. of St. Louis, Eastern Mis- souri and Southern Illinois. Fred Wehrexberg, representing unaffiliated subsequent runs on clear- ance and zoning, is president of the M.P.T.O. of St- Louis, Eastern Mis- souri and Southern Illinois and a member of the national board of di- rectors of the M.P.T.O.A. Wehren- berg is regarded as one of the "Old Guard" in M.P.T.O.A. affairs and grouped his vote on many code con- troversies with men like Ed Kuyken- dall during the Washington code- forming era. He owns and operates four local theatres. They are the Cinderella (1,300 seats), Melba (1.- 200), Michigan (1,200) and Virginia (800). C. J. Kaimann, second exhibitor representing unaffiliated subsequent runs on clearance and zoning, is president of Kaimann Brothers, Inc., Hyde Park Amusement Co., and Salisbury Theatre, Inc., and interest- ed in the Lee Theatre Co. He owns and operates the following houses : Baden (923 seats), Bremen (700), O'Fallon (889) and Salisbury (689) and is a member of the M.P.T.O. of St. Louis, Eastern Missouri and Southern Illinois. Code Authority, in its listing, omitted the final consonant in his name. Allied's Suit Reported Off; Myers Says No (Continued from page 1) nied any settlement and Sidney E Samuelson, president of Allied, would not discuss the report. He said he was not at liberty to talk and referred all questions to Abram F. Myers, general counsel. From Washington, Myers denied the suit had been settled. He said the hearing is set for today, and in accordance with the usual procedure in such cases it will probably be de- cided the same day. He is scheduled to arrive from the capital today and may be in court for the scheduled hearing. Harold S. Bareford, Warner attor- ney and alternate for H. M. Warner returned from Washington Wednes- day and said he had not heard of ; settlement. He stated word on thi: would have to come from Washington Bareford, in addition to acting fo: Warner, will also represent Executiv Secretary John C. Flinn at the hear ing. Edward Levy of Boston is attorne; for Ed Kuykendall in the suit an Harry Guttman will act for Charle L. O'Reilly. Austin Keough will rep resent George J. Schaefer and Wil; lard McKay will act for R. H. Cocfc I Get "Road to Ruin" Two Publix circuits have pur- chased First Division's "Road to Ruin." They are the Kincey & Wilby and Sparks circuits. Seating Firm Cuts Loss Net loss of $174,007 after all charges is reported by the American Seating Co. for last year, as com- pared with $499,518 for 1932. New Theatre Union Seeks A.F.of L, Au A petition asking cooperation by a organized labor in a theatre boyco in the event of a general strike c ushers and janitors here has been ac dressed to officers of the America Federation of Labor by Local 11. Building Service Employe, Charles ( Levey, secretary-treasurer of the loca said yesterday. Levey declared that 65 "key" me "front of the house" employes at ci: cuit theatres, had been called in- meeting and drilled on activities preparation for a general strike. Wir were sent by the local yesterday Sol_A. Rosenblatt, NRA division ai ministrator, and Senator Robert Wagner advising them of the "nece sity" of the local's calling a strike. An agreement ending the strike 17 ushers at the Paramount, Stapl ton, S. I., was reached Wednesd; by Paramount and Local 118, wi- the NRA Regional Labor Board ac ing as intermediary. The strike returned to work yesterday. The loc will take steps to negotiate a ne wage contract on behalf of the Stapl ton theatre's ushers in the near futur according to Levey. Settlement of the Stapleton strik j he said, would have no effect on tl ; local's plans for calling a general ci I strike later, unless the projected ne contract is negotiated. The only th atre with which a new contract h \ been negotiated by the local is til Roxy. For that reason the Ro: would be exempt from any gener strike, Levey said. Assent Total Now 7,56 Only four unqualified assents we received by Code Authority on We nesday. This brought the new tot; up to 7,564. BUCK FACES DEATH! The above drawing, one of a series of scenes from "Wild Cargo", was sketched from an actual "frame" of the film by the famous artist J. Clinton Shepherd. There's no time for "stills" in a world full of thrills.' After months of perilous adventure in the jungle, Frank Buck had his "WILD CARGO" ready to bring back alive to America, when bedlam broke loose in the thatched shelter room of the stockade where the animals were crated and caged. Monk- eys screamed! Roars and cries pierced the air! King Cobra was loose! The hissing, spitting demon of the crawling world in whose fangs lurked certain death! Unarmed, his back to the wire and picket wall, his exit blocked by the hooded giant, coiled and ready to strike, Frank Buck ripped off his coat and like a matador bait- ing an enraged bull waited for the perilous mo- ment when he or the Cobra would strike first. Why is it Nature saves her biggest thrills for Buck? FRANK BUCK'S "WILD CARGO" Van Beuren Production . . . RKO Radio Picture Directed by Armand Denis COMING SOON! 10 MOTION PICTURE i DAILY' Friday, February 23, 193 Cold Bumps Box-Offices In Scattered Key Spots Laemmle Goes Back; Lists 19 Features Carl Laemmle, Jr., ended his tour of Broadway theatres Wednesday and left for the coast. He had previously sat through the series of production conferences with other company offi- cials. Laemmle said the remaining pic- tures on the current Universal sched- ule would be : "The Crosby Case," "Love Birds," "The Countess of Monte Cristo," "Let's Be Ritzy," "Glamour," "Little Man, What Now?" "I'll Tell the World," "Un- certain Lady," "The Black Cat," "I Give My Love," "Affairs of a Gen- tleman," "The Humbug," "Alias, the Deacon," "Imitation of Life," Ed- mund Lowe in an unnamed feature, "The Practical Joker," "The Human Side," "The Love Life of a Sailor" and "One Glamorous Night." New Lessees to Run Majestic in Cincy Cincinnati, Feb. 22. — Morris Se- gal, president of Majestic Pictures of Ohio, lessee of the Majestic, 400-seat "art cinema," located in the Taft Auditorium, has relinquished his title, due, it is said, to inability to obtain product. The lease has been taken over by J. Ebersole Crawford, attorney, who also operates the Woodlawn and Cheviot, suburbans, and Dr. John R. Loofbourow, of the Basic Science Re- search Laboratories of the University of Cincinnati. The house reopens Sat- urday. Katheryn Turner will remain as managing director. Ampa Constitution Up for Change Soon Changes in the constitution of the Ampa will be decided upon at a closed meeting of the organization next Thursday. Included in the changes is a suggestion to hold annual elections on the third Thursday in April in- stead of the second Thursday in Sep- tember. Paul Hollister, vice-president of Macy's, on Wednesday stated tieups with film companies showed great re- sults. Joan Lowell, author, spoke of her recent cruise about the Caribbean Sea. Harold Auten Explains Captain Harold Auten has no plans for aiding film men in distress in Eng- land, he says. What he is doing, he states, is to aid the British consul general to put on a benefit at the Metropolitan Opera House some time in April for the benefit of British charities in New York. Midwest in Para. Houses Kansas City, Feb. 22. — Fox Mid- west takes over the Paramount houses in Joplin and Springfield on Sunday. The houses recently were relinquished by Publix to the landlords. Illinois Unit to Elect Chicago, Feb. 22. — Allied Theatres of Illinois will hold its fourth annual convention and election of officers at the Covenant Club tomorrow. Ed Olmstead III Ed Olmstead of the Columbia ex- ploitation department is confined to his home ill. Cold weather hit box-offices in widely scattered sections of the coun- try last week. In the Twin Cities, however, one of the coldest sections, business was generally good. "Carolina" was outstanding in Chi- cago and Boston, but fell down in Providence. In Philadelphia the big noise of the week was "Moulin Rouge," due to the visit of the cara- van. In Cleveland "Hips, Hips, Hoo- ray," with a Century of Progress show, hit $20,000, but elsewhere there was little excitement. "Eskimo," helped by Amos 'n' Andy on the stage at the Penn, in Pitts- burgh, was the only attraction to over- come the effects of sub-zero weather and two snowstorms last week. The take was $24,000, over par by $3,000. "Blood Money" came in for second best showing with $8,000 at the Pitt. "Carolina" fell off to $2,700 in its second week at the Fulton. "Manda- lay" and "Hips, Hips, Hooray" were both weak. "Carolina" repeated in Chicago what it has been doing in most of the other key cities — piled up the best first run gross. It went to $36,000 at the Chi- cago, while the rest of the Loop was quiet. "Queen Christina" and "Nana," in their third weeks at the Oriental and Palace, took $16,000 each. "Hi, Nellie" had a strong $15,000 at the McVickers, and "Devil Tiger" was well over average at $18,000 at the Roosevelt. "Before Midnight" failed to stir any excitement at the State- Lake with $15,000. "Hips" Holding Sway Cleveland went for hips in a big way last week. With "Hips, Hips, Hooray" on the RKO Palace screen and Faith Bacon, a fan dancer featur- ing the Century of Progress Revue, the gross went up to $20,000. "Man- dalay" was the best straight film at- traction with $7,000 at Warners' Hip- podrome. The rest of the town's at- tractions consisted of two dual bills, "The Big Shakedown" and "Dance, Girl, Dance," "Miss Fane's Baby Is Stolen" and "The Sin of Nora Mo- ran," and two single bills, "Long Lost Father" and "Search for Beauty," none of which reached average. In a week of falling grosses "Caro- lina" stirred up the only excitement in Boston. With Roy Atwell and the Three X Sisters on the stage at the Metropolitan, the take went to $32,000. above normal bv $4,000. "The Poor Rich" was good for $17,500 at^ the Boston, and "Long Lost Father" at Keith's took a strong $17,000. "Mou- lin Rouge" was a money-maker at Loew's State, the $18,000 gross top- ping par by $2,000. Weak links in the entertainment chain were "Massacre" and "Hold That Girl," dual bills at the Fenwav and Paramount. That "Moulin Rouge" Caravan stirred up enough excitement in Phila- delphia to pull $11,000 into the Al- dine. Normal there is $7,000. "Let's Fall in Love" and a stage show headed by Ken Murray at the Earle were the only other grossers in town. They took a good $14,000. "Charming De- ceiver" and the "Shuffle Along" unit held Keith's up to a par $7,000. "Queen Christina" was good for an average $12,000 at the Stanley in its second week. "White Woman," a second run, "Ever Since Eve" and "Shadows of Sing Sing" failed to stir any excite- ment. Oklahoma City had two strong draws — "Cross Country Cruise" at the Warner with $9,000 and "As Hus- bands Go" at the Capitol. The latter took a good $3,000. "Eskimo." "Coun- sellor at Law" and a dual consisting of "Advice to the Lovelorn" and "Ori- ent Express" were below expectations. Twin Cities' business was generally good last week. "All of Me" was good for a total of $14,500, $8,000 at the Minnesota in Minneapolis and $6,500 at the Paramount in St. Paul. "Ro- man Scandals" had a big second week, getting $6,500 at the State, Minneapo- lis, and $4,500 at the St. Paul Ri- viera. With "A Man's Castle" on the screen and Morton Downey on the stage, the RKO Orpheum had a big $7,000. Slump in Providence Something went wrong with busi- ness in Providence. "Easy to Love" was the only attraction in town to reach par. It took $7,000 at Fay's, helped by a revue, "Alice on Broad- way." "Carolina" was a disappoint- ment with only $5,000 at the Majestic. "A Man's Castle" and Olsen and Johnson in "Take a Chance" piled up $17,000 at the Kansas City Mainstreet. This is about $5,000 over average. "Queen Christina" battled this stiff competition at the Midland bv pulling $13,500, over normal by' $2,500. "Search for Beauty" took an average $5,500 at the Newman. "Cross Coun- try Cruise" had a week $2,500 at the Uptown. Detroit put on its galoshes and turned out in a big way for a combi- nation of "Hips, Hips, Hooray" and a stage show headed by Doris Kenyon at the Fox. As a result, the take was $1,500 up to $16,000. Elsewhere busi- ness was about as dull as usual. Kate Smith and "The Right to Ro- mance" took big money in Omaha, $8,500 at the Brandeis. and a dual, "Moulin Rouge" and "Women in His Life," was second best at the Or- pheum with $8,250. "Queen Christina" at the Paramount and "Eskimo" at the World failed to stir much excitement. Los Angeles business was spotty, with only three houses doing heavy business. First of these was the RKO with "The Lost Patrol" on the screen and a stage show headed by the Hol- lywood-on-the-Air troupe. The $13,- 500 gross was $5,500 up. "Good Dame" gave a good account of itself at the Paramount with $19,115, and "Queen Christina" took a good $17,- 900 in its second week at Grauman's Chinese. "Moulin Rouge" was slight- ly below par at the United Artists. "Carolina" Big in Frisco San Francisco went for "Carolina" with a rush and piled up a $21,500 gross at the Warfield. Average for the house is $19,000. "The Lost Patrol" was another strong Frisco draw with $16,500, up by $3,000, at the Golden Gate. "Gallant Lady" was a monev-maker for the United Artists with a take of $12,000, and a dual bill' consisting of "Morning After" and "Beggars in Ermine" was well above par at $10,400 in the Fox. Two other duals, "Six of a Kind" and "Massa- Simmonds Sees More Exchange of Talew Hollywood, Feb. 22. — Roy Siirl monds, London press representati\ for Fox, is now in town conferrin with studio executives and lookin over new product in work and edi ing. With reference to the prai tibility of exchanging stars, directoi and technicians between America an England, now being planned by J( seph M. Schenck, he said sue seemed a "good plan." "As a matt< of fact," Simmonds added, "Fox h; been doing this in a small way wit both directors and players, but fc technicians this craft exchange wi ] ultimately become a general practic will all major producers both hei and abroad. "England is waiting with tremei dous interest for the reunion of Jan. Gaynor and Charles Farrell as a teat This combination of stars has prov< greater box-office attraction in Erij land than any other, but they do n> top the individual popularity of Mar Dressier." Speaking further of the Britisher ! likes and dislikes for American-mai pictures he said, "There is a defini dislike for 'gangster' pictures. Th( want the human down-to-earth stori told in the most simple form. Mus cals are always appreciated if tl treatment of music is not dragged by the heels." "Dinner" at Top of Herald "Champions "Dinner at Eight" heads the fir list of 1934 "box-office champion: compiled by Motion Picture Herat out today, with "Flying Down 1 Rio," "Design for Living," "Rom; Scandals," "Dancing Lady" and "I Candlelight" following in the ord named. ere" at the Paramount, and "Easy Love" and "The Last Roundup" the Orpheum were pretty dull. Indianapolis had a fair week. "Gocj Dame" was $500 up with $4,000 the Circle, and "Eskimo," with tl Cotton Club Revue, had a better-thai average $5,000 at the Palace. "Car lina" was just normal at the Apol at $2,500. "The Last Roundup" w; a disappointment with $5,000 at tl Lyric. Three houses had satisfacto grosses in Seattle. "Roman Sea dais" topped the list with $7,500 the Blue Mouse, "Eskimo" was se ond, getting $7,500 at the Fifth Av nue, and "Six of a Kind" garner $6,250 at the Paramount. "The Worj Changes" reached a par $6,000 at t Orpheum. "Carolina," on a double bill wi I "His Double Life," the Portland nar for "Great Adventure," led the Oreg' city's takes with $6,500 at the Par mount. "Gallant Lady," one of t two single bills, took a par $5,000 the United Artists, and "Hi, Nellie the other single, had a good $3,500 Hamrick's Music Box. "Beloved" a: "Sons of the Desert" reached $7,000 the Broadway. Starting of Lent combined with co weather failed to halt "Fh'ing Do\ to Rio" at the Capitol in Montre: The $11,000 gross topped par $2,000. Another strong draw w "Eight Girls in a Boat" with a sta show at Loew's where the take w $1,000 up at $11,500. R THE MARCONI INTERNATIONAL MARINE COMMUNICATION CO., LTD. Combined Wireless Telegraph and Postal Delivery Service SPECIAL RATE WIRELESS LETTER Date buded in 5/2/34- For postiaf at NEW YORK (SPEHIAL DELIVERY) Received by Wireleu for nuilinf by S/S MOM ARCH OF BERMUDA Date ret'i 15/2/34 Date potted I 6/2/34 Operator's Initials EGD TThit message it only received for delivery subject to vhe condition! printed on the back hereof. O KANN , 1790 BROADWAY, NEWYORKCITY MAIL PAPERS EARLY SATURDAY AIR MAIL CARE ANDREWS COMPANY CANAL ZONE GRA INSETT f f THIS FORM SHOULD ACCOMPANY ANY ENQUIRY RESPECTING THIS MESSAGE. Live, Alert, Progressive Business Newspaper MOTION PICTURE DAILY 12 MOTION PICTURE DAILY Looking 'Em Over "Die Blonde Christl" (Bavarian Films) A German production bearing the stamp of Bavarian Films, "Die Blonde Christl" ("Blonde Christl"), Christl being the diminutive in Bavaria for Christine, is a production of merit. Americans, while they will be able to follow the story with the aid of English subtitles, will miss much of the humor of the film, as the titles are woefully absent at the most hilarious moments. To them the appeal will be principally to the senses, what with beautiful photography and a score laden with melody. The story, simple and direct, with the snow-encrusted Bavarian Alps as a background, is a drama of young love. Rolf von Goth and Karin Hardt are deeply in love, although not with her mother's blessing. When the youth, a violin maker, accepts his employer's offer to work for a year with his brother in Milan, the mother destroys the letters the lovers address to each other. Believing he has forgotten, the girl marries the youth's elderly em- ployer, who has loved the lad like a son, at the insistence of her mother. When the youth returns the employer discovers the truth and flees to the hills, presumably to find death in the snow so that the two may have each other. He does die, but from a bullet from a gun accidentally dis- charged when he struggles with a fellow villager who has taunted him. The film is based on a popular German novel, "Der Geigenmacher von Mittenwald" ("The Violin Maker of Mittenwald"), by Ludwig Gang- hofer. The acting is extremely effective in its naturalness. Theodor Loos, Gertrud de Lalsky, Otto Wernicke and Josef Stoeckel are other players. "It Happened One Night," yesterday's opener at the Music Hall, was re- vicived by wire from Hollyiuood on Jan. 31. "Hips, Hips, Hooray," yesterday's opener at the Roxy, was covered from the coast on Jan. 18. "Death Takes a Holiday," today's opener at the Paramount, was covered by wire from the coast as "Strange Holiday" on Jan. 15. "The Mystery of Mr. X," today's opener at the Capitol, was revieived by wire from Hollyzvood Wednesday. Hays Denies Interest in Film Boards {.Continued from paiie 1)_ members of the board kept in touch with Film Board activities. Hays' testimony concerned organi- zation of the Film Boards by C. C. Petti john, creation of the credit com- mittees and purposes of the M. P. P. D. A. Censorship control over pro- duction and fire prevention activities were emphasized among the latter. Leo Brecher, independent exhibitor, testified concerning protection sched- ules in New York and declared that he was unable to obtain pictures for his Plaza despite an offer to distribu- tors to meet the rentals paid by his advance run competition. He testified that the Plaza was set back from a first run to a fourth run. Brecher will resume the stand today. Joseph Quittner, Middletown, N. Y., exhibi- tor, may also testify today. Insurgents Oppose Kansas City Pacts (.Continued from page 1) assents. It may go ahead regardless of the insurgents, but the possibility exists that the holdouts may block an agreement with Loew's and the Mid- land. If no agreement can be reached, it is said suburbans will run wild on dime admissions, duals and giveaways to combat the downtown cuts. FWC andV&M Call Off Theatre Dicker (Continued from page 1) plan. F. & M. will continue to oper- ate the Orpheum, San Francisco, and a deal for the United Artists there has fallen through. FWC operates the St. Francis^ Paramount and War- field in 'Frisco and was to have turned over one of these houses to F. & M. under the agreement set ver- bally, but never consummated. The seven other houses which were to have been turned over to F. & M. are the Paramount, Seattle ; Para- mount and Liberty, Portland; Fox and California, San Diego ; Pantages, Hollywood ; Fox, Oakland. Mike Marco, president of F. & M., leaves either today or tomorrow for the coast after conferring with his partner, Harry C. Arthur. St. Louis, Feb. 22.— F. & M. next Tuesday or Wednesday will hike ad- missions at the Fox from 40 cents to 55 cents evenings. Prices up to 1 P. M. are 25 cents and matinees are 35 cents. Sally Rand is waving her fan at the house this week and despite the cold spell is attracting customers. Preparing Vaude Report As a result of a meeting of the vaudeville committee at Code Au- thority headquarters Wednesday after- noon, Sam Dembow, Jr., chairman of the committee, is drafting a report on findings to present to the authority at its meeting Monday. Several changes in the code are expected to be urged. Neighborhoods Set Memphis, Feb. 22. — Neighborhood theatres have settled their difficulties with the operators' union and managed to eke out slight concessions. Settlement of M. A. Lightman's troubles is expected in a few days, following conferences with W. P. Raoul, national labor leader. Light- man's Strand and Princess have been non-union since last summer. On a World Tour Hollywood, Feb. 22. — Mrs. Henry Ginsberg, wife of Hal Roach's gen- eral manager, leaves on the Presi- dent Monroe from San Francisco on a world tour next week. MacDonald Is Re-Signed Hollywood, Feb. 22. — Jeanette Mac- Donald's one-picture contract with M-G-M to do "Merry Widow" has been torn up and the actress has been signed to a long termer. IATSE Picks Louisville Louisville, Feb. 22. — This city has been the selection for the 1934 con- vention, June 4 to 8, of the I. A. T. S. E. About 1,500 delegates are expected. The information was released by G. W. Huey, managing director of the Louisville Convention and Publicity League. Nudist Suit Off Again Trial of a suit for an accounting of profits on "This Nude World," sched- uled for Wednesday at Mineola, L. I., was postponed to Feb. 28 when Mi- neola courts remained closed because of storm-crippled transportation fa- cilities on Long Island. Brandt Takes Alden Harry Brandt has taken over the Alden, 67th St. and Broadway. The 530-seat house is nearing completion and is expected to be opened about the middle of next month. Sound Theatres in Canada < 1934 , , 1933 « Open Closed Open Closed 84 25 87 13 7? 4 64 12 103 91 41 *70 \2 74 3 279 4 256 8 119 13 124 4 727 58 696 81 Grand total 785 777 *Of this total, four are open occasionally. The Leading DaHY Jlewspaperj| of the Motiori Picture Industry MOTION PICTURE DAILY Alert, Intelligent and Faithful Service to the Industry in All Branches OL. 35. NO. 45 NEW YORK, SATURDAY, FEBRUARY 24, 1934 TEN CENTS Move to Curb Price War in K. C. Crashes fay Means Sees Slashing Orgy as Result Kansas City, Feb. 23. — The pro- osed agreement to regulate admis- ion prices and curb giveaways apd «ther practices long a subject of strife n theatre circles here is a failure Dday as the result of opposition on tie part of three or four dissenters, .his means suburbans will let down ne bars to unregulated price cutting, md 10-cent admissions will become widespread, according to Jay Means, .T.O. head. Means said he did not intend to egotiate further or seek an agree- ment with Publix or Loew's on price (.Continued on page 3) pi. Allied Off Duals; Reelects Saperstein Chicago, Feb. 23. — At its annual leeting at the Covenant Club here to- ay at which it reelected Aaron Saper- [itein to his fourth term as president vllied of Illinois went on record with- out a dissenting voice as opposed to ouble features. The question was put quarely before the 75 exhibitors pres- nt by Saperstein. The unanimous vote or singles was pronounced by him as efinitely settling the organization's Itand on the issue. Other officers were also reelected. (Continued on page 4) Hove Begun to Name Comerford Governor Scranton, Feb. 23. — Northeastern 'ennsylvania Democrats, headed by nose in Lackawanna County in vhich this city is located, are making n effort to induce M. E. Comerford d run for Governor. Comerford is widely known as a heatre operator. In addition, he is hairman of the Pennsylvania NRA iecovery Board. His son-in-law, 'rank C. Walker, is former treasurer |'f the Democratic National Com- inittee. Leo Brecher Again Anti-Trust Witness _ Further particulars of the clearance ituation in New York which operated o set back the Plaza from a first run } a fourth run house were recited yes- erday by Leo Brecher in the trial of (Continued on page 4) New Assent Ruling May Set Deadline at Mar. 31 MPTOAPlans For Big-Scale Coast Session Columbus, Miss., Feb. 23. — At his home here today Ed Kuykendall an- nounced plans to make the M.P.T.O.A. convention in Los Angeles April 10-12 the largest in the organization's his- tory. Special trains are being lined up to start from New Orleans, Kansas City, Chicago, New York and either Dallas or Memphis with low rates to prevail on railroads. Kuykendall says he hopes to make it a "get-together of the entire indus- try," rather than the usual conven- tion. He plans a constructive, educa- tional program in which film stars will participate. Thousands of letters to exhibitors are being prepared. Studios will be thrown open to the visitors and work will be suspended for their entertainment. "Every outstanding theatre man in the country will attend," says Kuy- kendall. Ambassador Picked For MPTOA Session The M.P.T.O.A. has determined upon the Ambassador, Los Angeles, as convention headquarters and is making arrangements to obtain reduced hotel rates and railroad rates for the confab which is slated for April 10-12. Ben Berinstein, president of the Indepen- dent Theatre Owners of Southern California, has been named chairman of the Los Angeles convention com- mittee. Storm the Gable Those staunch Gable fans waited for Clark and his first stage appearance at the Capitol yesterday on soap- boxes and so reminded of the Hollywood scene on the nights of important openings. M-G-M reported opening day's business was on a par with the initial stanza of "Tugboat Annie," which was something. Thursday at the Music Hall resulted in $19,100 on the day with "It Happened One Night" in which Gable ap- pears. While this was not an opening day's record and holiday prices prevailing were a help, the gross, neverthe- less, was terrific. NRA Decision Orders Union Men Restored The NRA gave force to its deter- mination to curb cuts in wages and em- ployment and discrimination against members of a union in a decision handed down yesterday by the office of Nathan Straus, Jr., State NRA di- rector, ordering 10 New York thea- tres to reemploy men alleged to have been discharged in favor of others at lower salaries and longer hours. The theatres involved are the Mon- roe, Eagle, 79th Street, Manhattan, (Continued on page 3) Who? What? When? Fourth instalment in a biographical series on the men who make up the code boards. Memphis, Feb. 23.— T. W. Young, representing affiliated national dis- tributors on the Memphis grievance board, came to Fox from exhibition, having been manager of the Dyers- burgh in the Tennessee town of the same name. He started with Fox as a salesman on May 30, 1927, won home office recognition during a 1926- 27 sales contest and was made mana- ger of the exchange here. Seven years ago and still on the same job. James Rogers, representing unaffi- liated distributors on grievances, cur- (Continued on page 4) Will Give Allied Chance To Sign Up — Newark Suit Withdrawn Extension of the date for sending in code assents from Feb. 28, the present deadline, to March 31, or thereabouts, is considered likely as a result of the ruling handed down in Washington by NRA holding that the signing of unqualified assent forms does not affect the signer's right to resort to the courts in the event of injury under the code. The ruling resulted in the with- drawal yesterday of Allied's suit, brought against Division Administra- tor Sol A. Rosenblatt and the Code Authority by the Congress Theatre, Newark, to test the Authority's right to require unqualified assents, and, in eliminating Allied's objections to the prescribed form of assenting, placed the membership of that organization in a position to execute assent forms. Additional time for study of the in- terpretation before executing the forms may be needed, however, it was felt. Code Authority will probably (Continued on page 3) Authority Finance Report Due Monday The first report of the Committee on financing Code Authority adminis- tration will be made at Monday's ses- sion of the authority. The committee has held several meetings this week for the purpose of discussing a budget and a plan of assessing the industry equitably to meet the budget. While no final de- cisions have been made, it is under- stood enough progress was accom- plished during the week to make pos- sible a report to the Code Authority on Monday. The same session will hear a report from the committee on manuals which has been drawing up rules of pro- cedure for local grievance and clear- ance and zoning boards. Naming of 12 More Boards Seen Monday An additional 12 clearance and zon- ing and grievance boards may be named by Code Authority at its Mon- day meeting as a result of consulta- tions by telephone between members of the committee on selections during the (Continued on page 4) MOTION PICTURE DAILY Saturday, February 24, 1934 MOTION PICTURE DAILY (Registered U. S. Patent Office) Vol. 35 February 24, 1934 No. 45 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. Clifford, manager; London Bureau: 6 Brookland Close, Hampstead Garden Suburb ^Bernard Charman, Representative; Berlin Bureau: Berlin-Tem- pelhof, Kaiserin-Augustastrasse 28, Joachim K. Rutenberg, Representative; Paris Bu- reau: 19, Rue de la Cour-des-Noues, Pierre Autre, Representative; Rome Bureau: Viale Gorizia, Vittorio Malpassuti, Representative; Sydney Bureau: 102 Sussex Street, Cliff Holt, Representative; Mexico City Bureau; Apartado 269, James Lockhart, Representa- tive; Glasgow Bureau: 86 Dundrennan Road, G. Holmes, Representative; Budapest Bureau: 11 Olaaz Fasor 17, Endre Hevesi, Representative. 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. "Wonder Bar" Given Permit in Virginia Richmond, Feb. 23. — "W o n d e r Bar" has been licensed by the Vir- ginia censors after a number of cuts which included a scene showing Al Jolson and his "angelic revelers" im- bibing inside the pearly gates. Mary at Biograph Mary Pickford officially christened the Biograph studio in the Bronx yes- terday. She was guest of the studio officials and members of the cast of "Frankie and Johnnie." Her visit was a sentimental journey to Miss Pick- ford, for it was there she got her start in pictures. MOTION PICTURE ALMANAC 1934-35 NOW /A/ P/t£PA/iAT/OA/ WHERE THE WORLD LOOKS FOR MOTION PICTURE PRICE '5* "House of Rothschild" (20th Century-U.A.) Hollywood, Feb. 23. — Supercharged with entertainment and electric with showmanship. . . . Should be sensation at box-office. "The Show-Off" (M-G-M) Hollywood, Feb. 23. — Breezy entertainment with bright moments, spas- modically spaced. "David Harum" (Fox) Hollywood, Feb. 23. — Will Rogers' accurate portrait is a fine blend of human and theatric essentials that should draw big patronage. "Journal of a Crime" (First National) Delicately handled psychological study of the emotions of a woman who is determined above all to hold her husband — and does. ... Its appeal is to adult women. . . . Reviews of these films will appear in full in a subsequent issue of Motion Picture Daily. Detroit Is Set for Big Variety Party Detroit, Feb. 23.— More than 800 persons will attend the dinner-dance- cabaret of the Variety Club in the Book-Cadillac tomorrow evening. Delegations from other cities w.ill attend. W. F. Rogers, general sales manager, Eastern division, M-G-M, will head a New York party. Cleve- land and Pittsburgh are sending parties of 50 each. Buffalo and Cin- cinnati will be represented by 20 barkers and their wives. Columbus is sending 30, and St. Louis and Al- bany 10 each. Break for Majestic Majestic has arranged a publicity tieup on "Unknown Blonde" with the New York Mirror consisting of a series of Sunday articles written by Dorothy Jarvis, who acted as adviser on the production, under the title "I Was the Unknown Blonde in 100 Divorce Cases." S. M. Sachs to Dallas S. M. Sachs has been named Dallas branch manager for RKO Radio as successor to L. E. Harrington. New Small Register For Tickets Put Out General Register Corp. has gotten out a new portable "C" ticket issuing machine for use in small theatres, fairs and carnivals, said to be the first of a series of new devices. Percy Phillipson, president, says the new machine is enclosed in a bronze cabinet, is locked, and is designed to give the same protection larger ma- chines give. Radio Advances Brock Hollywood, Feb. 23. — Lou Brock has been placed in charge of a feature unit at Radio, Lee Marcus superseding him as head of shorts production. Bert Gilroy will be the latter's assistant. No Northwest Changes Los A ngeles, Feb. 23. — Conferences here have resulted in no change in op- erations of Fox West Coast's North- west circuit. Jules Levy to Coast Jules Levy, general sales manager of RKO, plans a trip to Hollywood via the Canal a week from today. All Take Loss on Big Board Net High Low Close Change Columbia Pictures, vtc 25 25 25 % Consolidated Film Industries 5% 4% 4% — % Consolidated Film Industries, pfd 16% 16 16% — % Eastman Kodak 92% 89% 89% —3% Eastman Kodak, pfd 132 132 132 —1 Fox Film "A" 16% 14% 15 — 1% Loew's, Inc 33% 3154 31% — 1% Paramount cts 5 4% 4% — % Pathe Exchange 3J4 3 3% — % Pathe Exchange "A" 1754 1654 1654 — 54 R;K-0 3% 3% 3% -% Warner Bros 754 6% 6% — % Universal Down % on Curb Net High Low Close Change Technicolor 9% 954 9% — 54 Universal Pictures , 4% 4% 4% — % Many Bonds Suffer Decline Net High Low Close Change General Theatre Equip. 6s, '40 1154 954 9% —1% General Theatre quip. 6s, '40 cts 9% 9% 9% — % Keith B. F. 6s, '46 62% 62 62 Loew's 6s, '41 ww. deb. rights 96% 95% 95% —1% Paramount Broadway 5.%s, '51 39 39 39 +1 Paramount F. L. 6s, '47 46 45 46 — % Paramount Publix 5%s, '50 45% 45% 45% — % Pathe 7s. '37 ww 93% 92 93% -f- % Warner Bros. 6s '39, wd 57 54% 54% —1% Sales 100 600 3,100 1,500 100 2,900 19,300 14,500 2,900 1,700 6,600 10,200 Sales 2,500 100 Sales 8 3 3 15 14 10 5 9 21 Ministers in Omaha Agitate for Censor Omaha, Feb. 23. — The possibility of censorship loomed here today when the Omaha Ministerial Union appoirr- ed a committee of three to investigate films shown locally. The clergymen took their action following the declaration of Dr Charles Durden, pastor of the Firsi Baptist Church, that pictures art shown in Omaha which are not per- mitted in many other cities. "The public at present," he said, ir reference to the personal appearand of Sally Rand at the Paramount, "i: going to see a fan dancer, in the hope probably, that the dancer will dro| her fan." Besides Dr. Durden, the other mem bers of the committee include Dr L. C. Hills, pastor of the Wheele Memorial Presbyterian Church, aw Dr. Bryant Howe, pastor of the Grac Methodist Church. The Omaha coun cil of churches voted to cooperate wit' the investigation committee. G. A. Saunders Buried Case City, Va., Feb. 23.— The bod of Gilbert A. Saunders, 61, owner c the Colonial at South Hill and als proprietor of the Lincoln Hotel then was brought to Mecklenburg Count for burial today at Skelton, near her His death, which occurred Wedne: day evening in a Richmond hospita was due to blood poisoning resultin from a scratch on his hand. He b< came ill while he and his wife wei celebrating the 40th anniversary their marriage. Besides a widow, 1 1 is survived by three daughters, Mr! Lillian Carter of Yorktow-n, Mrs. Fail nie Archer Seward of Hocky Mour N. C, and Mrs. Ruby Montgomery i South Hill. He also leaves thr' brothers, Luther, Robert and Sydn( Saunders of South Hill. A. H. T. Banzhaf Dead Albert H. T. Banzhaf, a lawyer ai long a director of United Artis where he represented D. W. Griffi until the latter sold his stock intere;; died in Larchmont Wednesday, it w.j learned yesterday. Banzhaf, who w 54 years old, was found in a woodsh at the rear of home with four gu shot wounds. Police declared th were self-inflicted. Ornstein Loses Mothei Bill Ornstein, member of the nc staff of Motion Picture Daily, lc, his mother Thursday night. Elgin, III., Feb. 23. — Ernest Rovelstad, managing editor Motion Picture Herald, was he today to attend the funeral of 1 brother, David, who died Tuesd; The deceased was identified with local jewelry business with his fath See Securities O. K. Washington, Feb. 23. — Photoco1 Pictures, Inc., of Irvington-on-tt Hudson, N. Y., is seeking authori; tion of the Federal Trade Commissi to issue 133,681 shares of comm capital stock at an aggregate amo; of $668,405. A committee of holders of the C pheum Theatre and Realty Co., fi mortgage six per cent serial g< bonds is seeking the right to call ! deposits to cover bonds up to $2,50 000. The company operates in S Francisco. Saturday, February 24, 1934 MOTION PICTURE DAILY 3 Assent Ruling May Set Back Code Deadline (.Continued from page 1) (.ecide on a time extension at its londay meeting which will be at- tended by Rosenblatt. No opposition b a time extension on the part of *nat body is known to exist. ■ In a bulletin from Allied head- >uarters at Washington sent to mem- ers yesterday the statement is made lat "the time in which to file assents .•ill be extended beyond Feb. 28 to termit the thousands who have not ssented to study these (NRA) inter- relations and decide what course ley wish to pursue." It was learned on good authority, owever, that while a time extension pi- assents was discussed at Wash- lgton at the time the interpretations 'ere made, no definite decision on n:5 was arrived at. As far as the 'ode Authority is now concerned the nal date is still Feb. 28, but there . admittedly considerable likelihood f an extension being approved at Jlonday's meeting. Earlier reports nat no further extension would be ranted did not take into considera- .ton the effect of the recent NRA iterpretations. • The interpretations, made by Don- Id R. Richberg, NRA general coun- H, and approved by Administrator Iugh S. Johnson, hold not only that □qualified assents do not serve to r£prive members of the industry of Lny of their rights under the law. ut also that failure to assent does • 3t deprive them of any of the rights . ad remedies of the code itself other ian the privilege of filing complaints , ith the various code boards. ) Interpretation Text f Following is text of the interpreta- fons : " "For the information of members of the : lotion picture industry with respect to I le form of assent distributed by the Codt authority of the motion picture industry nder the terms of Article VI, Part 2, action 8 of the code: ' "It is not the intent or purpose of Ar- !:le VI, Part 2, Section 8. of the code iat any member of the industry assenting • the code on the forms used by the Code uthority shall thereby waive or be estop- «-"d from setting up any right which such ' ember of the industry may possess under mineral or statutory law against any ar- ' trary, oppressive, injurious and unrea- sonable action by any administrative of- :ial or agency under the motion picture dustry code. "It is not the intent or purpose of such ' tide, part or section of the code that ly member so assenting shall be pre- • uded or estopped from seeking amend- ents to or modifications of said code. "Members of the industry not assenting the code on the forms above mentioned .n not be denied any of the rights and ,. medies afforded by the code save only f .at they will not enjoy the right to file .implaints before the administrative agen- es provided for in the code. Upon accept- .ice of any of the benefits and advantages j the code, such members of the industry ay be assessed a reasonable amount, sub- net to the approval of the administrator, help defray the expenses of administer- g the code but not otherwise. "While assent on the form above men- ded is necessary to enable a member the industry to lodge protests with earance and zoning boards and to make ■e of the facilities of the local grievance >ards, nevertheless such assent is not sential to enable any member of the dustry to interpose his defense before iy such board, if he so desires, in any atter affecting his interest, and there- ter to prosecute any and all appeals erefrom to the same extent and in the me manner as a member assenting on Dawggone Wheeze about dog biting man making a news item went one better yesterday when Dark Hazard, the grey- hound used in Eddie Robin- son's picture of that name was subjected to a cocktail party on the part of the St. Moritz Hotel and the Rialto Theatre yesterday afternoon. Dogs and newspaper folks were invited. the form above mentioned. "The statements contained herein apply with respect to the execution, either here- tofore or hereafter, by any member of the form of assent above mentioned, and all such assents will be deemed to have been executed in the light of these statements." Allied's Code~Suit Formally Withdrawn Allied's suit against the Code Au- thority and Division Administrator Sol A. Rosenblatt was formally with- drawn yesterday at a hearing before Federal Judge John C. Knox in U. S. District Court here. The action was taken following the NRA legal depart- ment's ruling which held that unquali- fied assents to the code did not de- prive signers of their rights at law and that those who did not sign the code were deprived of no benefits un- der the code other than the right to file complaints with code boards. The' interpretations, Allied spokes- men said, accomplished the objects of the suit. Withdrawal of the suit came as the court prepared to hear a motion for a preliminary injunction restraining the Code Authority from requiring un- qualified assents. Norman Samuelson, counsel for the Congress Theatre, Newark, the complainant in Allied's suit, withdrew the motion. He then explained to the court that the ques- tions at issue had been settled by the NRA interpretations and that it had been mutually agreed that the action be discontinued without costs and without prejudice to re-institute a sim- ilar action in the future. The court indicated that a formal order would be issued at once closing the suit. W. H. Griffin, Department of Jus- tice attorney assigned to the NRA for Rosenblatt's defense in the action, put in an appearance and acquiesced to withdrawal of the suit. Authorities to Talk Over Radio Protest The radio code authority has notified the film and legitimate theatre code authorities that it will name a commit- tee of three to meet with committees of the latter two bodies in the near future for a discussion of competitive tactics of radio broadcasters which have been complained of by both film and stage interests. The principal complaint of the film industry has been directed against free theatrical performances given by radio broadcasters on their regular pro- grams. Federation Meet Off A meeting of the Federation of the M. P. Industry scheduled for last night to discuss a plan of financing for the organization was postponed due to the inability of a number of officers of the Federation to attend. A new meet- ing date may be set early next week. NRA Decision Orders Union Men Restored (Continued from page 1) and Central in Manhattan; the Ritz, Art and Bronx Star in the Bronx, and the Globe and Saunders in Brook- lyn. Complaints against the theatres were filed by Harry Sherman, president of Local 306, on the allegation that mem- bers of the local had been let out on Aug. 24 last and replaced with mem- bers of Allied M. P. Operators' Union, described as a "company union," who, Sherman charged, were engaged 52 hours a week at wages less than half the scale received by members of his local. The theatre owners, allegedly ignor- ing the provisions of the President's reemployment agreement in effect at the time, contended the code, which limits the working week of operators to 40 hours and recognizes the mini- mum scale of Local 306 as of Aug. 23 last, did not become effective until Dec. 7. The theatres were ordered in yes- terday's decision to "reestablish, within 10 days, .the conditions that prevailed as of Aug. 23, 1933, as regards the number of men employed in the booth; the booth cost . . . and the employes working in the booth who were dis- charged in violation of Section 7A." Sherman announced yesterday he would proceed against every picture theatre in New York which he felt was guilty of similar infractions of the NRA. "The decision speaks for itself," said Sherman. "For months now certain New York theatres have been render- ing only lip service to the NRA and brazenly flying the Blue Eagle while violating provisions of the NRA, the President's reemployment agreement and the code. This investigation will, I hope, result in a correction of these unfair conditions and make it unnec- sary for us to take similar action against other offending theatres." Local 306 Upheld on Stay Against ITOA Local 306 scored a second victory yesterday when the Appellate Divi- sion of the Supreme Court handed down a decision upholding the injunc- tion granted last week against the I.T.O.A. by Supreme Court Justice Collins holding theatre men to strict adherence to the code and branding the Allied M. P. Operators' Union as a "company union" within the mean- ing of Section 7A of the code. The injunction was granted pending trial of the suit by the local against the I.T.O.A. in which the union seeks damages totalling $1,000,000 and asks the dissolution of both the I.T.O.A. and the rival union on the ground of conspiracy to ruin the local. Says St. Louis Ruling Doesn't Clash With Code Washington, Feb. 23. — The deci- sion of Dr. William G. Patton in the St._ Louis operators' controversy, in which wage increases were made re- troactive to Sept. 1 last, was today declared by Division Administrator Sol A. Rosenblatt not to be in con- flict with the provisions of the code. Move to Curb Price War in K. C. Crashes (Continued from page 1) stabilization. He sees a fierce price war ahead, with 15-cent and 20-cent houses cutting their scales to a dime, at the same time playing pictures in the regular order. The fireworks are expected to start Sunday. Means said that, since film con- tracts and the whole protection sys- tem were considered illegal, distribu- tors would be unable to stop exhibi- tors should the latter want to cut their scales below those stipulated in the agreements. He does not believe distributors will resort to the courts to enforce contracts and anticipates an increase in double billing, give- aways and other practices, but expects that eventually the whole situation involving suburbans and downtown houses will come to a showdown. Cut Threat Stirs FWC Los Angeles, Feb. 23. — Threat of the Pantages Hollywood to reduce prices to 15 and 25 cents for matinees and 25 and 40 cents for evening per- formances for first runs to meet prices prevailing downtown for subse- quent runs had Fox West Coast stirred up today. Fox West Coast has an ar- rangement with Pantages to uphold prices at first runs. This may force Pantages into the open market for first runs. Warner, Paramount Assents Lift Total Code assents passed the 8,500 mark yesterday with the receipt of indivi- dual assents from more than 1,000 Paramount and Warner theatres which heretofore had not been received in- dividually, but were covered in a blanket assent executed by the parent companies. An exact compilation of the total individual assents included in the Warner and Paramount groups had not been compiled by the Code Au- thority offices here up to late yes- terday but an official estimate placed their number at "more than 1,000." Prior to their receipt code assents on hand totalled 7,574. Several hundred additional assents are expected from Allied States member theatres as a result of the NRA interpretation which removed Allied's objections to executing unqualified assents, indicat- ing that the final number of assents may go well over the 9,000 mark. Paramount and Warner theatres were said to be the only national cir- cuit houses which had not, up to yes- terday, sent in individual assent forms. RKO, Loew's and Skour- as houses have executed individual forms which are included in the pres- ent total of assents. However, it was stated, a review of the decision had been asked and prob- ably would be granted. It was pointed out that Section 6A, Part 1, Division C of Article IV of the code does not provide that wages paid Aug. 23, last, shall apply, but merely that employes covered by that section shall not receive less than the wage then in force. MOTION PICTURE DAILY Saturday, February 24, 1934 Royster Loses Post In Rochester Shift Rochester, Feb. 23.— Harry L. Royster, for four years district man- ager of Publix interests in Rochester, will report to New York for a new assignment and William H. Cadoret, manager of the Comerford Capitol, will become district manager for the Capitol, Regent and Century, recently taken over from Publix. Announcement of the changes, which came in the wake of the with- drawal of Publix, bore the indication that John J. O'Neill would remain as manager of the Regent. All three houses now are under Comerford control. No move is expected on the part of Comerford to lease the 3,200-seat Eastman, which Publix dropped as a white elephant after trying every- thing it knew to keep it open. Yonkers Blast Kills 2 at Theatre Front Explosion of a new type trans- former upon which men were work- ing beneath the sidewalk in front of Proctor's RKO Theatre, Yonkers, killed a policeman and an electrician and injured 12 other persons yester- day morning. Most of those injured were burned when flames flashed out of a manhole and the sidewalk col- lapsed in front of the box-office. Three of those burned were electri- cians employed by the Yonkers Elec- tric Light Co. The dead men are Patrolman Pat- rick Whalen and Carl Gruber. The theatre was kept closed yester- day, but RKO officials said it might be opened today. The principal dam- age was to the box-office. Producers' Stand On Wampas Hangs Fire Hollywood, Feb. 23.— Fred Beet- son will not have an official report on the producers' attitude toward the Wampas' "baby star" selections and their radio broadcast until next Tues- Leading majors, including Fox, Radio, Warners and M-G-M openly admit their opposition and refusal to have any part in the affair, which means that unless the Wampas alter the nominations made last Tuesday they will be forced to abandon the idea or confine it to free lancers and players with companies not connected ' with the Producers' Ass'n. This is not feasible. Leo Brecher Again Anti-Trust Witness {Continued from page 1) the Frank Rembusch anti-trust suit against major companies before Judge Alfred M. Coxe in U. S. District Court here. Joseph Quittner, Middletown, N. Y., exhibitor, who is now seeking to ap- peal from an adverse decision in a similar anti-trust suit against major companies tried in Federal court here last year, was another witness at yes- terday's session. Quittner testified that after his failure to make a deal with Paramount several years ago the com- pany built a competitive theatre which thereafter obtained the bulk of the available first run product. Quittner is scheduled to resume the stand Monday. Who? What I When? (Continued from page 1) rently is manager for Columbia here. He was taken on by the company as a salesman on Feb. 2, 1929, having had similar experience with Enterprise Films and Liberty Specialty Films for a year. On May 28, 1929, Rogers got his managerial post with Columbia. M. A. Lightman, representing affiliated exhibitors on grievances, was a headline name in pictures for sev- eral years as president of the National M.P.T.O.A., a post which he resigned last year to make way for Ed Kuy- kendall, current incumbent. During his tenure of office, Lightman was confirmed in his idea that the best method of obtaining concessions for independent exhibitors was by coop- eration with distributors and major circuits. Lightman's background is that of a civil engineer ; he was in the construction industry before enter- ing this. He started actively in exhi- bition in 1925, but from 1917 to 1920 was a state right operator via the Criterion Film Co. of Atlanta which sold pictures in six southern states. Lightman is president and general manager of Malco Theatres, Inc. and appears on the grievance board as representative of affiliated theatres through a partnership in a number of publix houses in this territory. Malco operates 27 theatres in 15 Arkansas towns and the Strand (1,200 seats) and Princess (774) in Memphis. Most of Malco's Arkansas theatres are small and located in Camden, Clarksville, Conway, Fayetteville, Helena, Hope, Jonesboro, Morrillton, Newport, North Little Rock, Para- gould, Pine Bluff, Smackover, Spring- dale and Stuttgart. William Ruffin, representing un- affiliated exhibitors on grievances, makes his home in Covington, Tenn. He is a former secretary of the M.P.T.O. of Arkansas, Mississippi and Tennessee and now a member of that unit which is affiliated with the national M.P.T.O. A. He owns and runs the Palace, 400 seats, in his town. Frank Willingham, represent- ing affiliated national distributors on clearance and zoning, launched him- self in the world of business as a billing clerk for the Texas and Paci- fic Railroad at Dallas. It was in 1919 that he entered the film busi- ness as a cashier for World Film in the same city. When Select ab- sorbed World, Willingham was kept on in the same job. Later he re- signed to join the R. B. Lewis Co., also as a cashier and was a manager for Independent Film Service until the company dissolved about a year after Willingham joined it. Another post was with American Releasing until that company was merged into Selznick. He joined Metro as a booker in Dallas on June 25, 1923, was made office manager on July 18, 1925 and a salesman on May 15, 1926. His appointment to managership for Metro here, the post he now holds, was made on Oct. 4, 1926. W. E. Sipe, representing unaffili- ated distributors on clearance and zon- ing, first saw daylight in this weary old world on Jan. 12, 1878. The place was Belington, W. Va. Fol- lowed, in due time, an education in elementary, high and business schools and in a private college where he spe- cialized in academic subjects. He was in business for himself before he joined Universal on April 1, 1925. Today, Sipe is branch manager for the Laemmles in this Mississippi River town. Howard Waugh, representing affi- liated first runs on clearance and zon- ing, launched himself by ushering people to the wrong seats for Jules Delmar 30 years ago at Celeron Park in New York. After his parents had exposed him to various forms of edu- cation, none of which took, according to Waugh, he became a newspaper reporter in Jamestown, N. Y. When the paper went to the wall, a some- thing which the hero of this biog- raphy declares he had nothing to do with or about, Waugh went to work as a publicity and exploitation man for Peterson and Woods in the same town, finally becoming their city man- ager. He came to Memphis 12 years ago for Paramount under Harold B. Franklin and after three years of it was paroled, he declares, to the How- ard, Atlanta, where he and J. J. Franklin failed to get along. Frank- lin won and Waugh next appeared in Milwaukee where he opened the Al- hambra for Universal and later left to become district manager for the old Saxe circuit. When Fox pur- chased the Poli circuit in New Eng- land, he joined that organization in New Haven. He has been with the Warners in Philadelphia and Mem- phis for the past three years. Waugh says he doesn't drink, play golf or cards, doesn't skate, fish, hunt or fly and is still happily married. With his sense of humor, he runs the War- ner string in this territory, including the Orpheum (500 seats) in Fulton; New Kentucky (1,000) and Princess (600) in Henderson; Princess (900) in Mayfield ; Bleich (900) and Owens- boro ; Empress (800) in Owrens- boro; and Savoy (400) in Prince- ton, all in Kentucky and the Warner (2,000) in Memphis. Sidney Nutt, representing unaffi- liated first runs on clearance and zoning, makes his home and business headquarters in Little Rock, Ark., where he operates two houses : the Central, capacity 500, and the Prin- cess, capacity 900. He is a member of the Tri-States M.P.T.O. and prominent in its affairs. T. W. Sharp, representing unaffi- liated subsequent runs on clearance and zoning, operates in Little Rock, Ark., where his theatres number three. These are the Little Roxy (300 seats), New (325) and Pros: pect (600). Formerly a member of the Tri-States unit, he is now presi- dent of the Independent Theatre Owners of Arkansas, formed on Feb. 7 by 32 independent theatre owners in this section. The new organization is not affiliated with any national ex- hibitor body. A. J. Suzore, second exhibitor rep- resenting unaffiliated subsequent runs on clearance and zoning, is proprietor of the Bristol here, seating 500, and is not identified with any exhibitor organization. Academy Offers List For Code Committee.' Hollywood, Feb. 23. — A list c names to be submitted to Divisici Administrator Sol A. Rosenblatt wt drawn up today by the Academy fc, places on code committees. Includt were Lionel Atwill, Warner Baxter" Lionel Belmore, Alice Brady, Laur. Hope Crews, William B. Davidso: Marie Dressier, Irene Dunne, Ray mond Hatton, Helen Hayes, De* Henderson, Katharine Hepburn, Jea Hersholt, Walter Huston, Georg, Irving, DeWitt Jennings, Henr Kolker, J. Farrell MacDonald, Thon as Meighan, Warner Oland, Nanc O'Neill, Elizabeth Patterson, Lew Stone, Henry Walthall and Hele Ware. If the Academy succeeds in finarj< ing a resumption of its resear< work, nine major projects involvin standardization of equipment will \ resumed where they were left o during the Academy siesta. At a press luncheon T. J. Ree president asked for support of tl Academy, particularly the awar< banquet. Frank Capra said the Aca> emy was resuming an important pla,' in the industry, despite individu group organizations. Naming of 12 More Boards Seen Monda (Continued from page 1) past few days, it was learned yeste day. The committee adjourned last Tuc day with but little progress made sins the naming of 20 boards the precedi day. The telephone consultations tween members since that time are sz to have resulted in completing 12 mc of the 16 remaining boards. It is u derstood that New York, Chicaj Cleveland and Philadelphia boards si remain unsettled. Code Authority r the right to review and either rej< or make changes in the personnel the boards and may take summary tion Monday on naming appointees the disputed boards, thereby compl ing all of them at that time. III. Allied Off Duals; Reelects Saperstei (Continued frotn page 1) They are E. W. Haferkamp and E. Alger, vice-presidents ; Harry Lask secretary; S. H. Selig, treasurr Louis Abramson, recording secretai Harry Nepo, sergeant-at-arms. change was made in the director; which consists of Nate Wolfe, I Lasker, Verne Langdon, Ludwig Sr man, Louis Rudolph, Walter Babitz Roberts, Ben Bartelstein, Jack Rc Joseph Stern and Van Nomokis, v replaces Steve Bennis. Paramount Publix Los Melrose, Mass., Feb. 23. — Di ages of $45,000 were awarded E. , Loew and nine associated compai today in their suit against Paramo Publix charging restraint of tr; Additional damages of $28,000 ma> awarded the plaintiffs. Miss Dressier Object Hollywood, Feb. 23. — News patches that she had been inclu among foreign stars under invest: tion by a Senate committee \ool into alien talent brought from M Dressier today high indignation. The Leading DIM* lewspaper iLttJl J Picture Industry MOTION PICTURE DAILY Alert, Intelligent and Faithful Service to the Industry in All Branches |DL. 35. NO. 46 NEW YORK, MONDAY, FEBRUARY 26, 1934 TEN CENTS McDonough to }peed Rulings Studio Job n ahane Sees Increased Efficiency Coming Elevation of J. R. McDonough to % presidency of Radio Pictures Corp. eans that he will be able to make ick decisions when in Hollywood matters which heretofore have de- anded attention in New York, said B. Kahane on arriving here from ie coast yesterday. !This will make for a smooth ruli- ng organization and relieve him of 1 nsiderable responsibility, Kahane ated. Among McDonough's duties will be keep an eye on overhead and to iminate major items of waste, while , ming at greater efficiency. : Kahane states that McDonough, as : ce-chairman of the RKO board, is (Continued on page 9) dominations Set )n Academy Awards Hollywood, Feb. 25. — The sixth an jal awards of the Academy will be )ted upon by members from the fol- wing nominations and the winners vulged at the annual dinner or larch 16: , Best Performance, Actress : Kath- -ine Hepburn in "Morning Glory" ; lay Robson in "Lady for a Day," ■iana Wynyard in "Cavalcade." I Best Performance, Actor : Leslie toward in "Berkeley Square," Char Is Laughton in "Henry the VIII,' (Continued on page 2) C. C. Houses Talk Suits in Rate War 1 Kansas City, Feb. 25. — With the reakdown of efforts to secure a 100 er cent agreement banning duals, giveaways, etc., and the certainty of I drastic price war led by the big downtown houses, some of the subur- bans are talking lawsuits against the rst runs and major distributors. Some of them are also discussing 'ppeals to the Code Authority and (Continued on page 9) ?WC and U. A. Close A Deal on Chinese Hollywood, Feb. 25. — United vrtists and Fox West Coast have 3rmed the Hollywood Chinese Thea (Continued on page 2) Hollywood Heading Toward Cooperation, States Zukor By RED KANN Conceding frankly he did not know whether or not the code was respon- sible or whether it was an awak- ening sense of realization that the industry goes best as its component parts go, Adolph Zu- kor declared on Saturday fac- tors in Holly- wood are coop- erating today as never before to his knowledge. "There is much more in- Adolph Zakor terest in what's going on elsewhere in (Continued on page 9) Paramount Opposes Anti-Trust Awards Boston, Feb. 25. — Paramount will file motions to have sections of Audi- tor Elias Field's report awarding E. M. Loew and nine associated com- panies $45,000 damages eliminated when the local exhibitors' anti-trust suit goes to trial in U. S. District Court here in about two weeks. Auditor Field's report to the Fed- ( Continued on pane 9) Page Diogenes Toronto, Feb. 25. — Premier George S. Henry of Ontario considers exhibitors honest men. His report shows a shortage of only $1.16 in the amusement tax returns for the past three years. This in- cluded a discrepancy of one cent in 1931. Authority May Rule Today on Cancellations Majors Argue Over Boards' Makeup Here It's a case of major interests versus major interests, plus objections to submitted names from independent ex hibitor sources, insofar as code boards for New York are concerned. The territory, richest in the United States, and its complexities, including far-flung operations of producer-af filiated circuits such as Loew's and RKO and strong neighborhood circuits minus producer or distributor tie-ins. are causing an internal fuss which (Continued on page 9) Who? What? When? Fifth instalment in a biographical series on the men who make up the code boards. Both Date and Type of Contracts Affected Formal ruling on the 10 per cent cancellation provision of the code, both as to a retroactive date and a definition of the contracts to which it will apply, may be made at today's meeting of the Code Authority which is scheduled to discuss the cancella- tion provision for the first time. Division Administrator Sol A. Rosenblatt will attend the meeting. He has made a previous interpreta- tion independent of Code Authority that the cancellation provision is re- troactive to Dec. 7 and subsequently the NRA legal department has held that interpretations of code provisions by the administrator shall prevail. It (Continued on page 9) Omaha, Feb. 25. — Ted Menden- hall, representing affiliated national distributors on the Omaha grievance board, was born in Oskaloosa, la., on May 29, 1889. There was a time when he was a salesman for the Lig- gett-Meyers Tobacco Co. and the Wilson Chemical Co. as well. He once owned and operated theatres in Kansas City, in his home town and in Racine, Wis. Turning back the pages on Mendenhall reveals he joined Paramount as a salesman at- tached to the Des Moines office. This was in October, 1920. He was given his own office at Sioux Falls on Jan. 3, 1925, was transferred to his present post, as manaerer for Paramount here, on June 7, 1926. James Jerome ("Jerry") Span- (Continued on page 6) Pittsburgh, Feb. 25. — Ben Kal- m en son, representing affiliated na- tional distributors on the Pittsburgh grievance board, will be replaced in view of his recent transfer from dis- tribution to exhibition as booker of the Warner circuit in this territory succeeding Frank Damis who has been returned to the New Jersey zone. Charles Rich, former Washington salesman, is ' Ralmenson's successor. Locally, film men believe he will get the board post. However, officially the latter retains his appointment un- til Code Authority, sitting in New York, takes necessary action. Kal- menson was born here on Jan. 3. 1899 and educated in Brooklyn. N. Y. Ten years of his business life were spent with the Crucible Steel Co. He (Continued on page 6) Code Assents Pass Beyond 9,000 Mark Code assents passed the 9,000 mark on Saturday with receipt of approxi- mately 1,400 individual forms from Paramount and Warner theatres. These houses had been covered by a blanket assent executed by the parent companies, but were not represented individually in the total assents re- ceived up to that time. Other assents received Saturday brought the total to 9,039 from the 7,574 on hand Friday morning. Many (Continued on page 9) Keyes, Dayton, Held First Run Exhibitor Cincinnati, Feb. 25. — A number of local film men fail to understand appointment of W. A. Keyes, operator of the Victory at Dayton, on the Cincinnati clearance and zoning board as one of the two exhibitors repre- senting unaffiliated subsequent runs. Keyes is viewed beyond all argu- ment here as a first run who plays film virtually out of the can in op- position to RKO and Loew's in his city. Blumenthal to Open Casino as 1st Run The Casino, formerly the Earl Carroll, one block below the Roxy on 7th Ave., is slated to become a first run shortly. Louis F. Blumen- thal will be the operator. MOTION PICTURE DAILY Monday, February 26, 193- MOTION PICTURE DAILY (Registered U. S. Patent Office) Vol. 35 February 26, 1934 No. 46 Martin Quigley Editor-in-Chief and .B.nblisha 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. Clifford, manager; London Bureau: 6 Brookland Close, Hampstead Garden Suburb, Bernard Charman, Representative; Berlin Bureau: Berlin-Tem- pelhof. Kaiserin-Augustastrasse 28, Joachim K. Rutenberg, Representative; Paris Bu- reau: 19, Rue de la Com -des-Noues, Pierre Autre, Representative; Rome Bureau: Viale Gorizia, Vitlorio Malpassuti, Representative: Sydney Bureau: 102 Sussex Street, Cliff Holt, Representative; Mexico City Bureau: Apartado 269, James Lockhart, Representa- tive; Glasgow Bureau: 86 Dundrennan Road, G. Holmes, Representative; Budapest Bureau: 11 Olaaz Fasor 17, Endre Hcvesi. Representative. Entered as second class matter January 4. 1926 at the Post Office at New York City, N. V., under Act of March 3, 1S79 Subscription rates per year: $6 in the Americas, except Canada $15 and foreign $12 Single copies: 10 cents. Caravan Arrives at St. Louis on Tour St. Louis, Feb. 25. — The "Moulin Rouge" caravan arrived here today and received an elaborate reception from citizens, officials and exhibitors. It will stay over here two days before heading for Kansas City. The troupe came here from Indian- apolis where Mayor Reginald H. Sullivan greeted the visitors and pre- sided at a banquet and broadcast at the Columbia Club. Felix Feist Returning Felix F. Feist, general sales man- ager of M-G-M, returns from Holly- wood and a sales trip this week. MOTION PICTURE ALMANAC 1954-35 NOW /AT PJtfPA/iA r/OA/ WHERE THE WORLD LOOKS FOR MOTION PICTURE •5s facb Insiders' Outlook Nominations Set On Academy Award i \/l ETRCl directors can profit by talking- to Frank Capra on ways and means of handling Clark Gable. The Gable in "It Happened One Night" is a new sort of guy ; human and even full of charm. It ought to be easy tO'. arrange,, for Capra will be over at Culver City in a while to direct "Soviet" for Metro. That's the retort courteous from Columbia for getting Gable. -You'll have to be fast and listen closely, but if you do you'll notice -.the bus driver in one of the early sequences announcing the stops between Miami and New York and mentions Co- lumbia twice. He means the Columbia which is in South Carolina but doesn't worry much about designating the state. -Marlen Pew, chief pen-wielder of Editor and Publisher, who resents Hollywood's interpreta- tion of what newspaper men are like, won't find anything but praise to hurl at the way Gable is given his part to play. He's made out to be a swell guy in a gorgeous piece of entertainment. You even get a shot of Claudette Colbert's gam. We've been wait- ing for it a long time. Used to get a flash on the stage here in New York regularly, but practi- cally nothing in pictures and that's where Hollywood has missed. . . . ■Many distributors are afire with indignation over the star system in the Daily News. That is, they're indignant when they don't get them and forgetful about their ire when they do and don't deserve them. Latest ridicu- lous instance in point is "It Happened One Night," which drew two and a half, whereas "Shadows of Sing Sing," an- other Columbia which the boys there discuss with their fingers playing in the general direction of their schnozzles, drew three. Endorsed : The stage show at the Music Hall. It's "The Birth- day of the Infanta," based on Oscar Wilde's lovely story, which gets full play in pageantry and scope on that theatre's huge stage. Source of wonderment : How the orchestra at the Capitol can be so consistently terrible. ...So? The "Christina" trailer there mentions everything and everybody but John Gilbert. . . . "Journal of a Crime" is Ruth Chatterton's exit picture for W arners. Some of the execu- tives there regard it as her best. Metro publicity, in the wily hands of Billy Ferguson and Si Seadler. couldn't have had any- thing to do with those box-and folding-chair expectants at the Capitol, of course. It all had to do with the Gable, who is much noise in these parts this week. . . . The agents' situation on the coast continues messy, code or no code. . . . The remaining hoards probably will pop today. That is, except New York, which is difficult. You can get more on that on page one today. . . . KANN Loew Pfd. Off iy2 on Big Boar High Low Close Consolidated Film Industries 4-J6 436 436 Consolidated Film Industries, pfd 1654 1556 1534 Eastman Kodak S9 8854 8854 Fox Film "A" 1554 147-6 14?6 Loew's, Inc 3134 3054 3054 Loew's Inc., pfd 90 90 90 Paramount cts 434 436 436 Pathe Exchange 356 3 3 Pathe Exhange "A" 1656 16J^ 1654 RKO 336 354 33* Warner Bros 7 6% 6% U niversal Drops 1 on Curb High Low Close Sentry Safety Control 56 56 56 Technicolor Wz 9'A 936 Trans Lux 2'A 2'A 254 Universal Pictures 354 356 356 Warner Bonds Off IV2 High Low Close General Theatres Equipment 6s '40 954 9 9 General Theatres Equipment 6s '40 ctf 834 854 834 Keith, B. F.. 6s '46 6256 6256 Loew's 6s '41 ww deb rights 96 95 96 Paramount Broadway 5!2S '51 38 38 38 Paramount F. L. 6s '47 46 45 45 Paramount Publix 5%s, '50 4554 4434 45 Pathe 7s '37 ww 93 93 93 Warner Bros. 6s '39 wd 54 53 53 d Net Change Sales 700 — 56 1.500 -15-4 700 - 56 300 -15* 12.300 —154 100 - 56 13,800 - 56 1.400 1,100 3.600 3,700 Net Change Sales — 1/16 400 — 36 500 — 56 200 1 200 Net Change Sales - 56 25 —1 5 + 56 1 + 54 9 —1 2 —1 9 - 54 13 — lA 2 -154 26 (Continued from page I) Paul Muni in "I Am a Fugitive irAv" TRIPLED BUSINESS Orphcum Thes. ST. PAUL minn. DOUBLED BUSINESS Lotw's Thea. HARTFORD conn. BREAKING RECORDS Keith's SYRACUSE »-y- ALL MOTION PICTURE DAILY Who? What? When? 6 Pittsburgh (.Continued from t'at/c 1) was branch manager or First National in Albany from 1925 to 1931 when he was transferred to Kansas City and returned to Pittsburgh on Jan. 1, 1932. Bert M. Stearn, representing un- affiliated distributors on grievances, was born in Cincinnati on July 21_, 1896, and was educated in Cleveland high schools and Columbia Univer- sity. Prior to entering the industry, he ran a department store at New Castle, Pa. Returning to Cleveland later, Stearn went into the state right end of the business on his own ; later joined Metro there and then became Warner branch manager, hollowed a transfer to the home office. Another return to the city on Lake Erie's shores found him this time with United Artists. Five years ago he was shunted here as branch manager for U. A., his current post. One section of the industry in Pittsburgh questions his appointment as spokes- man for unaffiliated distributors since United Artists holds an interest in the Penn, although the Loew circuit operates. Mike J. Cullen, representing affi- liated exhibitors on . grievances, got going in amusements with the Ring- ling circus quite a while back and then joined the Fabians in Northern New Jersey after the latter had made their deal with the Mastbaums and the Stanley Co. of America. There, Cullen remained for seven years, later joining Max Spiegel and the Mark Strand interests in New York. It was two years later when he first joined the Loew circuit, becoming city manager in Washington. From that city, he was transferred to Pittsburgh and placed in charge of Loew's Penn which seats 3,300. He carries the title of city manager with but a single operation on his hands, the Aldins, or some time having been closed. Cullen, very well known here and well liked, is about 35 years old. D. C. E. Herman, representing un- affiliated exhibitors on grievances, is a theatre operator with nearby Car- negie as his base of operations. There he operates the 850-seat Carnegie and the 750-seat Liberty. He is president of the M.P.T.O. of Western Penn- sylvania of which Fred J. Herring- ton has been business manager for years. The unit of which Herman has been president for the last 18 months, is one of the strongest links in the Allied States chain. John J. Maloney, representing affiliated national distributors on clearance and zoning, is as Irish as his name indicates. He once studied for the priesthood and was educated at Mount Gallitzen Academy, Du- quesne University and St. Vincent's College. His business experience in- cludes a fling at selling bonds and a whirl at professional baseball. His route into the industry was by way of Famous Players as a salesman out of Pittsburgh. That was about 15 years ago. Later, a post with Gold- wyn as a salesman. His company service record reveals he became a manager on Oct. 29, 1923, and, when Metro acquired Goldwyn, a salesman again for the combined company. By date, this was April 27, 1925. It was less than a year later — Jan. 25, 1925 — that Maloney was elevated to a managership in Pittsburgh. That post has been his for the last nine years. James H. Alexander, representing unaffiliated distributors on clearance and zoning, is rounding out two de- cades in the film business. He is the owner of Alexander Film Service, which, in turn, owns the Monogram franchise in Western Pennsylvania and West Virginia. Alexander first saw the light of day in Prospect, Butler County, Pa., on Sept. 26, 1884, and embraces in his pre-film business experience 10 years as a bookkeeper for wholesale grocery concerns. In 1912, he joined Metro in an identical capacity and as a traveling auditor, later moving up in- to an office managership, but for First National. It was in 1920 that he en- tered independent distribution with a Columbia franchise here. Harry Kalmine, representing affili- ated first runs on clearance and zon- ing, chalks up 1915 as the year in which he entered the picture business after some years in the "legit" field. He started as a music boy and suc- cessively was stagehand, treasurer, manager and roadshow manager in the theatre and recalls his first picture job at the Classic Theatre, 181st St. and St. Nicholas Ave., New York. In 1917, he enlisted as a private, was wounded and discharged from service in 1919 after seeing active service. Immediately thereafter he operated his own house in East Rutherford, N. J., and later was placed in charge of the 16 houses owned in Jersey by Louis Rosenthal. Following was a city managership for the Fabians in Hackensack. When the Fabians acquired the Haring and Blumenthal houses in Hudson County, Kalmine was appointed district man- ager. When Warners acquired the Stanley Fabian interests, he w:as named assistant zone manager and shortly thereafter head booked for the entire Warner circuit with head- quarters in New York. After decen- tralization of the booking office, Kalmine was returned to Northern Jersey as zone manager with 44 houses under his wing. His promotion to Pittsburgh, where he has 60 theatres to care for, fol- lowed two years in the Jersey post. Kalmine has been on local ground for 18 months supervising not only the biggest string of circuit houses in Pittsburgh but theatres of varying sizes, most of 1,000 seats and more, in Pennsylvania towns like Am- bridge, Brookville, Butler, Dormont, Donora, Erie, Etna, Greensburg, Johnstown, McKeesport, North Ken- sington, Punxsutawney, Ridgeway, Sharon State College, Tanenbum, Titusville, Washington and Wilkins- burg. In West Virginia, his towns include Charleston, Clarksburg, Fair- mont, Morgantown, Parkersburg and Wheeling. In Kentucky, Owensboro and Princeton. In Ohio, Steubenville. Here in Pittsburgh, the Warners operate 14 houses, ranging from the 4,000 Stanley downtown to the 400- seat Palace. In between are the Arsenla, Belmar, Cameraphone, En- right. Kenyon, Manor, Plaza, Regent. Ritz, Schenley, Sheridan Square, Warner and William Penn. Frank Harris, representing un- affiliated first runs on clearance and zoning, is a brother of the late John Harris, long regarded as one of the outstanding exhibitors in this part of the United States. Frank is a state senator, president of the Harris Amusement Co., which owns and op- erates 18 theatres with plans for more and is viewed as likely gubernatorial fodder in the fall elections. If this political move develops, it is probable Harris will be compelled to curtail his interest in theatres which, are being operated by James G. Balmer. The Harris string includes these in Pitts- burgh: Avenue (282 seats) , Harris- F'amily (1,000), Harris-Beachview (350), Harris-Mt. Oliver (1,550) while in the offing as a downtown first run is the reconstructed Alvin which will not be ready for a couple of months. Also in the circuit are the Harris (300) in Jeanette, Pa.; Drake (1,875), Latonia (1,500) and Lyric (756) in Oil City; Adelphia (650) and Liberty (4,375) in Rey- noldsville; St. Mary's (750) in St. Marys and the Family, Detroit. Alex Moore, representing unaffili- ated subsequent runs on clearance and zoning, has been a theatre operator a la solo for 18 years, coming here from Allentown at the other extreme of the state. Aloore's theatres are the Hilltop (600 seats ) and the Capi- tol (650). Both are in the suburbs. He is on the roster of the M.P.T.O. of Western Pennsylvania, an affiliate of Allied States. Joseph Weiss, second exhibitor representing unaffiliated subsequent runs, on clearance and zoning, makes his headquarters in McKeesport, where he has been in business for the last two decades. He runs the Liberty, capacity 900 ; and the Capi- tol, capacity 700 and is not affiliated with any exhibitor body. Omaha (.Continued from page 1) deau, representing unaffiliated dis- tributors on grievances, and some important facts about his past : Born May 11, 1892, in Pittsburgh. Educated at the Freehold Military Academy; East Liberty High School. Pittsburgh, and at Carnegie Tech for two years and a half, where he went in for architecture. His film experi- ence includes two years with Warners from 1912 to 1914; with World Film from 1914 to 1917; with Universal from 1917 to 1918; with Fox from 1918 to 1922; three years as operator of the Family Theatre, Braddock. Pa., or from 1922 to 1925; with Uni- versal beginning Feb. 16, 1925, and there ever since. Currently, he runs the "U" exchange here. Will Singer, representing affili- ated exhibitors on grievances, is - at present manager of the 1,100-seat Brandeis, an RKO house. The latter started his theatrical career in 1903 as manager of the Alhambra in Mil- waukee, playing straight vaudeville. In 1904r he managed the Dewey, Min- neapolis, playing burlesque ; from 1905 to 1908 he managed and was part owner of the La Salle, Chicago, play- ing musical stock. In 1908, Singer took over management of the Prin- cess, playing musical stock. From that time until 1920 he travelled with sev- eral road musical comedy shows with his brother, Mort. In 1920 he became manager of the Rialto, St. Louis, where he first went into the picture and vaudeville field. From 1921. to 1931, it was the State-Lake, Chicago, Monday, February 26, 1934 for Orpheum. In 1931, he went to Milwaukee, where he managed the Riverside after which he went to Omaha. Singer is 56 years old, a member of the Masons and Elks and speaks German fluently. Walter Creal, representing un- affiliated exhibitors on grievances, operates the Beacon, Omaha, and is a member of the M.P.T.O. of West- ern Iowa and Eastern Nebraska, an affiliate of the M.P.T.O.A. His house seats 500. A. M. Avery, representing affiliated national distributors on clearance and zoning, was a branch manager for Pathe in Dallas. He became a sales- man for RKO in that city on Nov. 9, 1931 ; a branch manager on March 12, 1932, and was switched here in an identical capacity on March 28, the same year. D. V. McLucas, representing un- affiliated distributors on clearance and zoning, has been a United Artists branch manager since Nov. 22, 1933, when he was given the company's office here. Prior to that he was a booker for the same organization. Ralph G. Braxton, representing affiliated first runs on clearance and zoning, had years of exploitation be- hind him before stepping into theatre operation, which has been his forte for a number of years now. Much of his experience is tied in with the old Finkelstein and Ruben circuit in Minnesota and the Dakotas. When that circuit was bought by Publix, Branton went into an association which has stuck. For some time he was stationed in Boston where he ran the Publix New England circuit with Marty Mullin. Then came a transfer to the Omaha and Des Moines terri- tory. Currently he is operating head of Tri-State, a bankruptcy outgrowth of Publix operations in this sector under A. H. Blank, who is trustee in bankruptcy for the company. Tri-State embraces in its fold the Bonham (900 seats) at Fairburv ; Capitol (1.177), Majestic (1,000) and Island (600) in Grand Island; and the Orpheum (2,975), Paramount (3,000), State (1,081) and World (2,500) in Omaha. Its Iowa holdings include the Capitol (1,300) and Prin- cess (1,200) in Sioux City. H. F. Kennedy, representing un- affiliated runs on clearance and zon- ing, is a former state senator and now operator of the Lyric at Broken Bow where he lives. The house seats 400 Kennedy is a director of the M.P T.O. of Western Iowa and Easten Nebraska. Charles E. Williams, represent ing unaffiliated subsequent runs oi clearance and zoning, is in his 14tl year as president of the M.P.T.O. o Western Iowa and Eastern Nebraska He owns and operates the Pari here. The house seats 250. Sam Epstein, second exhibito representing unaffiliated subsequen runs on clearance and zoning, ij president of Nebraska Theatres Corp a local company operating six theatre in Omaha. They are the Marvlan (425 seats), Benson (500), Circl (500). Corbv (500), Roseland (500; and Tivoli (500). Like Creal, Ker nedy and Williams. Epstein is a men i ber of the M.P.T.O. of Western low! and Eastern Nebraska. Also director. Xo every exhibitor in the world ... to every patron who patiently waits and wonders. Ma ffic wor ds . . . SOON NORMA SHEARER in "RIP TIDE." M agic, because all the months of waiting intensify the thrill of the glorious attraction she has just completed. 5mners m silks are the chosen rich of her romantic story . . . their lives, loves, heart-aches . . . their drama pulsating across continents and oceans . . . JVian- hattan, St. M.ontz, the Riviera, London . . . and Norma Shearer exceeding the beauty and allure of her Divorcee and Strangers M.ay Kiss fame! Proudly M-G-M b rings back to your theatre the First Lady of The Screen! SlJucJ L THALBERG mm Hi Monday, February 26, 1934 MOTION PICTURE DAILY Majors Argue Over Boards' Hollywood Heading Toward Cooperation, States Zukor McDonough to Speed Rulings In Studio Job Makeup Here (Continued from page 1) Code Authority concedes prevails and admits was anticipated. Four or five tentative set-ups have been proposed and changed in the last ! tew days. The probability is there will be additional switches and changes before the appointments are made. That, it is anticipated, will not be today when others of the re- maining, unnamed cities are expected to be designated. The I.T.O.A. for instance, is under- stood to have registered objections i on three counts. It is opposing ap- pointment of Charles C. Moskowitz of Loew's as representative of af- filiated exhibitors on grievances. It frowns on proposed designation of J. Louis Geller as representative of un- affiliated exhibitors on the same board and doesn't get a kick out of contem- plated naming of Don Jacocks, Warner zone manager in Northern Jersey, as representative of affiliated first runs on clearance and zoning. Code Authority is endeavoring to set up boards here, as elsewhere, which will work. This is perhaps the chief reason why they are not being named more rapidly. The New York boards, as tentative- ly proposed but not necessarily final, are understood to be as follows : Grievance Roy Haines, representing affiliated national distributors. He is New York branch manager for Warners. Eddie Schnitzer, representing unaf- filiated distributors. He is New York branch manager for Columbia. Charles C. Moskowitz, representing affiliated exhibitors. He is one of the top executives at Loew's. J. Louis Geller, representing un- affiliated exhibitors. He is operator of the 86th St. Playhouse and under- stood to be interested in the 68th St. Playhouse with Charles L. O'Reilly, a member of Code Authority. Clearance and Zoning Myron Satler, representing affiliated national distributors. He is New- York branch manager of Paramount. Harry Thomas, representing unaf- filiated distributors. He is president of First Division Exchanges, Inc. Don Jacocks, representing affiliated first runs, is zone manager for Warners in Northern New Jersey. Louis F. Blumenthal, representing unaffiliated first runs. He plans to run the Casino, formerly the Earl Carroll, as a first run, and also has the Greenwich, at Greenwich, Conn. Harry Brandt, representing unaf- filiated subsequent runs. He is presi- dent of the I.T.O.A. and, with his brother. Billy, runs 17 theatres in New York City,- New Jersey and Long Is- land. They include the Globe, Wal- dorf and Liberty in Times Square and a string in Brooklyn, embracing the Carlton, Flatbush, Halsey, Others are the Bluebird, De Luxe, and Rex. Eddie Rugoff, second exhibitor rep- resenting unaffiliated subsequent runs. He runs 10 houses in Brooklyn, in- cluding the Granada, Tuxedo and Laurel. Authority May Rule Today on Cancellations (Continued from pane 1) is pointed out, however, that Rosen- blatt's interpretation not only requires clarification from the standpoint of the effective date itself but also fails to specify a clear application of the rul- ing to' different kinds of contracts and to pictures eligible for cancellation. Thus, it is held that there is no defini- tion to show whether the 10 per cent cancellation applies on the total num- ber of pictures contracted for months ago but undelivered on Dec. 7, or merely on the pictures which remained unplaved on Dec. 7. Likewise, the definition is held not to indicate whether it applies to pictures con- tracted for but not released on Dec. 7. or only to contracts made on or after Dec. 7. regardless of whether the contract- themselves provided for a 10 per cent cancellation. Leading distributors are known to object to the cancellation ruling in its present form. The Code Authority today is also expected to approve an application^ to the NRA for a one month's extension of the time for filing assents to the code. This i» the accepted procedure for obtaining an extension and is the method which was followed in putting forward the date on two earlier oc- casions. The present date for filing assents expires Wednesday. Ed Kuykendall will act as chairman of today's meeting. Major L. E. Thompson is expected to appear as alternate for M. H. Avlesworth Harold S. Bareford for H. M. Warner. John D. Clark for Sidney Kent. Neil Agnew for George Schaefer and T. Robert Rubin for Nicholas M. Schenck. W. Ray Tnhnston. R. H. Cochrane. Nathan Yamins and Charles L. O'Reilly will attend in person, in addition to Rosenblatt. Code Assents Pass Beyond 9,000 Mark (Continued from pape 1) of those received in the latter group are believed to have been from Allied houses in this region which executed the forms following NRA interpreta- tions which held that signers of the unciualified assent forms waived none of their rights at law in the event of iniuries under the code. Indications now are that total assents may pass the 10.000 mark, particularly in view of the likelihood of an extension of the time allowed for sending in as- sents. The Code Authority at it* meeting todav is expected to apnrove a . one month's extension beyond the present Feb. 28 deadline. Skouras Due Today Snvros Skouras is slated to arrive in New York from Los Angeles today. (Continued from page 1) the business. There is much less of the insular and more of the national in Hollywood's point of view," he declared. "The great difficulty has been the apparent impossibility of each indi- vidual to detach himself from his own problems. What he has on his mind and what he has to do naturally loom as the most important problems of all. "For years it has been my idea that cooperation is essential ; that the in- dustry, as an industry, rates consider- ation and that what may appear to be the best policy for one company or one individual is not necessarily the policy which will reflect to the entire industry's good. "It was, and is, my impression that Hollywood is getting away from the old idea in sufficiently significant measure to make the development something to talk about." The Paramount president, doubling back on a statement made prior to his departure east from Hollyw-ood re- cently, appeared confident that real effects of the NRA will reflect them- selves in theatres, via general industry, beginning in April. Following the usual warm weather seasonal drop he anticipates business will be some- thing to talk about beginning in the fall." Paramount Opposes Anti-Trust Awards (Continued from pane 1) eral court prior to trial of the suit was based on evidence obtained by deposition. The report held that Paramount Publix had violated the Clayton Anti-Trust Act by engaging in alleged conspiracies in restraint of trade in connection with the arbitra- tion and credit clauses of the old con- tracts and by alleged conspiracy in relation to 1930 protection schedules here. In addition to $45,000 actual damages recommended in the report other findings of the auditor, if adopted by the court, would bring the total damages to $73,000. Under the anti-trust laws, plaintiffs are entitled to triple damages plus counsel fees. In addition to motions to have sec- tions of the report set aside, Para- mount will contest the auditor's find- ings with the introduction of new evidence at the trial, it was said. George S. Ryan, counsel for Loew, will also present new evidence in an effort to have the damage award increased. Corse Pay ton Dies Corse Payton, matinee idol for a generation, and owner of a series of stock companies in which some of the well known screen and stage celebri- ties of the present got their start, is dead. He passed away at the Green- noint Hospital, Brooklyn. He was 66 vears old. Lichtman-Disney Dicker Hollywood, Feb. 25. — Before leav- ing for New York last night Al Lichtman opened negotiations with Walt Disney for a three-year exten- sion of the distribution contract with United Artists. The contract has one more year to go. (Continued from page 1) in charge of theatres, but whether he will continue: as the theatre head is uncertain, depending on the action of the board of directors. Leslie Thomp- son is in direct charge of the circuit with Nate Blumberg as general man- ager and active operator. All appointments and changes an- nounced by M. H. Aylesworth on the coast are subject to approval by the board and this is the reason for the eastern trip of executives at this time. Merian C. Cooper will return from Honolulu in about a month, Kahane said. Pandro Berman, as executive producer, will be responsible to Cooper. The unit system recently an- nounced will not be adopted as a re- sult, and Radio will not use a royalty system for talent, except in a few instances. While the exact number of pic- tures' to be made next season has not been set, Kahane said, it will be be- tween 40 , and .50. In the party were McDonough, who was ■ suffering from a cold; H. H. McCausland and Ned E. Depinet. (Continued from page 1) Division Administrator Sol A. Rosen- blatt. In the meantime, the Newman has h'redthe opening gun in the price war by opening with a dual bill at 25 cents top. Indications are that the Kansas City price and policy war between circuits and neighborhood houses will end up before the local grievance board, and probably will be among the first situa- tions to be handled by that body. It Was learned here that the current situation in Kansas City influenced the Code Authority committee on selec- tions to hasten the naming of the local boards for that territory. Both the grievance and the clearance and zon- ing boards for Kansas City are com- plete except for their impartial, non- industry members, which may be named by Division Administrator I Rosenblatt ' at once in view of the increasing seriousness of the situation ] there. Rosenblatt has characterized some of the Kansas City practices al- ready as violations of the code. Paramount's Newman added mo- ' mentum to the Kansas City battle ' when it inaugurated its new policy j of first run double features at 25 cents. j ITOA~Gels~Siay for Appeal on Operators Judge Francis Martin in the Ap- pellate Division of the Supreme Court on Saturday signed an order staying execution of Supreme Court Justice i Collins's order requiring the return | of Local 306 operators to places now7 | held by Allied M. P. Operators' Union 1 members. The order w-as obtained by M. A. Albert, attorney for the I.T.O.A. The stay is effective until next Friday when argument will be heard on the I.T.O.A. motion to take the case to the Court of Errors and Appeals. K. C. Houses Talk Suits in Rate War INTRODUCING "the Speaker of the Evening EVER sit in on a banquet while a toastmaster, with more cracks to his line than a syndicated colyumist, introduced a speaker who was a washout? It happens often. Think about your theatre the same way. You book a feature, promote it, stunt it, advertise it to a fare-thee-well. And you pack them. You're just like the toastmaster. You've got your customers on edge, waiting for something swell. And then ... up comes the speaker of the evening — your sound — the most vital part of your show. And what do your customers do? If you have High Fidelity, they sit thrilled to the most per- fect sound that money can buy. They listen to realism unrivalied by life itself. In short they listen to natural sound, and they go home, sold on your house, sure to come next week. But, if you haven't High Fidelity . . . Well, why take the negative angle? Some day in the interest of your box office, you will have High Fidelity, and when you do you'll understand and join in the enthusiasm of the hundreds of ear wise exhibitors who are making money with their . . . HIGH FIDELITY RCA VICTOR PHOTOPHONE Make them ear happy with HIGH FIDELITY PHOTOPHONE DIVISION RCA VICTOR CO., Inc. Camden, New Jersey Stage presentations are on the rebound. If you plan to go in for them, remember: Stage Sound must now be as good as Screen Sound, or else . . . Sound Reinforcing is the answer and we . have a completely standardized proposition to tell you about. Mail this coupon. « « « COUPON » » » □ I want further information about High Fidelity. □ I want information about Sound Reinforcing. Name Address City State. 2MD The Leading Newspaper Moti<*n|| Picture Industry MOTION PICTURE DAILY Alert, Intelligent jgii*:s%;i|*%. Faithful Service to the Industry in All Branches OL. 35. NO. 47 NEW YORK, TUESDAY, FEBRUARY 27, 1934 TEN CENTS ^ound Table Studio Talks, dPTOA's Aim Exchange of Ideas One Of Convention Plans Round table discussions between Itose who make films and those who J] them for the first time since talk- jig pictures came in will be one of ie central purposes of the annual con- ation of the M.P.T.O.A. in Los ngeles from April 10 to 12, inclusive. This will be the first convention of ie organization on the coast in nine ears. Ed Kuykendall, president, feels lat the industry has much to gain irough taking exhibitors behind he scenes and showing the technical roblems involved while at the same (Continued on page 3) ?ilm Salaries Made Public in U. S. Quiz Washington, Feb. 26. — Showing lat but one-fourth of the compensa- on received by Nicholas M. Schenck rom Loew's in 1928 was in the form f cash salary and revealing heavy ayments to executives by other film Dmpanies, the Federal Trade Com- lission today sent to the Senate a re- ort on its salary investigation. Payments to executives by nearly ,000 companies were reported upon by ie commission. An outstanding dis- losure of the report was the showing lat in some instances 1932 compensa- on exceeded that of 1929. The commission reported that Schenck in 1929 received a salary of {.Continued on page 3) Sew Federation to Get Union Charter Formation of the American Federa- ion of Actors means that the Amer- :an Federation of Labor charter held |y American Actors' and Artistes' Kss'n. will be transferred to the new ■ody, according to Ralph Whitehead, xecutive secretary. Practically all of the members of he Actors' Betterment Ass'n. have (.Continued on page 11) Jay Means Talking Suit in K. C. Fight Kansas City, Feb. 26. — Jay Means, 'resident of the Independent Theatre Owners, has instructed the organiza- tion's counsel to consider the advis- (Continued on page 12) Time Limit for Filing Code Assents Set Back to Mar. 10 Time for filing of code assents was extended 10 days to March 10 by the Code Authority at its meeting yesterday. The deadline prior to this extension was Feb. 28. The extension was granted, it was said, in order to give Allied members who have withheld unqualified assents for time to study last week's NRA interpretation which, Allied leaders said, re- moved their objections to executing unqualified assent forms. Prospects of more than 10,000 assents being received by Code Au- thority appear good as a result of the time extension. The total approximated 9,100 yesterday. Takes Spotty As Cold Stays In Key Cities Grosses were spotty last week in eight key cities, with only the big pictures demonstrating an ability to overcome the effects of biting winter weather. In Chicago and Minneapolis and St. Paul, top grosses went to "Caro- lina" ; in Buffalo it was "Fashion Follies of 1934," helped by a stage show headed by Arthur Tracy ; in Philadelphia "Eight Girls In a Boat," helped by Edmund Lowe took the big money ; in Denver it was "Hips, Hips, Hooray," and in Montreal "Queen Christina" was the big noise. Cold hit Cleveland so hard that only one attraction, "The Cat and the Fiddle," at Loew's State exceeded par. (Continued on page 12) Board Setups Believed Fair In Pittsburgh Pittsburgh, Feb. 26. — Showmen here seem to feel that once the code boards begin to function, it will be the best thing in the world for the industry, particularly in this territory where violations of practices now ta- boo have been rampant of late. The general opinion, among inde- pendents and circuits alike, is that the setup is entirely fair, that it gives the big and little boys alike equal representation and that it constitutes a generally level-headed board of au- thority. There have been a few minor complaints, however, but these are chiefly from individuals who have always been professional fault finders. Pittsburgh district has consistently (.Continued on page 3) Who? What? When? Sixth instalment in a biographical series on the men who make up the code boards. New Haven, Feb. 26. — Nat Furst, representing affiliated national distributors on the New Haven griev- ance board, started business as an er- rand boy for the Greater New York Film Co. in Union Square in New York. The company, the forerunner of Fox, was controlled by William Fox and with it, as well as the com- pany which grew out of it Furst re- mained for 21 years. Toward the end of his association there, he was a spe- cial representative with the United States his field. Furst then joined Warners as a salesman here to re- main four years and to resign to join Pathe as a branch manager in New Haven. When RKO purchased (Continued on page 10) Portland, Ore., Feb. 26. — Charles F. Powers, representing affiliated national distributors on the Portland grievance board, is the youngest man- ager in Fox. After selling for various mercantile concerns in San Francisco,, he entered the company's employ in that city as an assistant booker on July 14, 1924. On Sept. 12, 1925, he was made a salesman. When Fox determined to open an exchange in Portland on Jan. 26, 1929, Powers was promoted to its managership due to his fine record further down the coast in San Francisco. He is 36 years old, plus a couple of weeks. Howard Mapes, representing un- (Continued on page 10) Boards Named In Five More Large Cities Authority Delays Making List Public, However Local grievance and clearance and zoning boards for Albany, Atlanta, Chicago, Milwaukee and San Fran- cisco were completed yesterday when agreements on the personnel of the 10 boards for these five cities were reached at a meeting of Code Au- thority. Only five more cities remain to be manned. These are Boston, Cleveland, New York, Philadelphia and Washington. It is expected remaining boards will be completed within the next few days, with the possible exception of New York. Disclosure of the names on 10 boards completed yesterday was de- layed by Code Authority until today due to lateness of the hour at which yesterday's meeting was concluded. (Continued on page 3) Radio Shows Set for DiscussionThursday The Code Authority committee designated to discuss unfair radio competition will meet Thursday with a committee appointed by the legiti- mate theatre Code Authority to agree on uniform complaints and proposals to be brought before the radio in- dustry. Following this meeting, the film and stage committees will meet with a radio Code Authority commit- tee at Washington on March S to work out a relief plan. Ed Kuykendall, Charles L. O'Reilly and Sidney R. Kent comprise the committee for the film Code Author- ity. That of the stage is comprised of Marcus Heiman, William C. El- liott and Frank Gillmore. T. W. Sharp Sells Out; Off Code Board, Too Memphis, Feb. 26. — T. W. Sharp is reported to have sold the New, Prospect and Little Roxy at Little Rock, Ark., to M. Brady of Cape (Continued on page 3) Film Deliveries Not Delayed by Blizzard Little difficulty was experienced by branch managers and film delivery services over the week-end and yes- terday in meeting deliveries of prints (Continued on page 2) MOTION PICTURE DAILY Tuesday, February 27, 193 MOTION PICTURE DAILY (Registered U. S. Patent Office) Vol. 35 February 27, 1934 No. 47 H 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 U. Shapiro, Manager; Chicago Bureau: 407 South Dearborn Street, Edwin S. Clifford, manager; London Bureau: 6 Brookland Close, Hampstead Garden Suburb, Bernard Charman, Representative; Berlin Bureau: Berlin-Tem- pelhof, Kaiserin-Augustastrasse 28, Joachim K. Rutenberg, Representative; Paris Bu- reau: 19, Rue de la Cour-des-Noues, Pierre Autre, Representative; Rome Bureau: Viale Gorizia, Vittorio Malpassuti, Representative: Sydney Bureau: 102 Sussex Street, Cliff Holt, Representative; Mexico City Bureau: Apartado 269, James Lockhart, Representa- tive; Glasgow Bureau: 86 Dundrennan Road, G. Holmes, Representative; Budapest Bureau: 11 Olaaz Fasor 17, Endre Hevesi, Representative. 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 Deliveries Not Delayed by Blizzard (Continued from page 1) out of New York. Conditions on Long Island and Upper New York State were such that minor delays were caused, but these were soon over- come. In some exchanges, extra men were taken on to speed up deliveries to various railroad terminals. When queried by Motion Picture Daily, Harry Buxbaum of Fox, Moe Streimer of United Artists, Leo Abrams of Universal, Robert Wolff of RKO, William Scully of M-G-M and Myron Sattler of Paramount, local sales executives, said they had had no serious difficulties up to late afternoon in getting out prints. All felt that, because of the continued snowfall, conditions would be worse today and that delays, if any, would be directly traceable to the railroads, not film delivery systems. Gillham Returns Robert F. Gillham, director of ad vertising and publicity for Paramount, returned from Florida and Nassau yesterday and deferred an immediate departure for Hollywood. He goes west later. Kathryn Dougherty Hurt Hollywood, Feb. 26. — Kathryn Daugherty, editor of Photoplay, was recovering today from slight injuries suffered when her car overturned in a collision yesterday. "Wonder Bar" Opening "Wonder Bar" opens tomorrow night at the Strand. * X WO ranking execu- tives bring stories east from Holly- wood. Both of them have to do with a new and hitherto undetected spirit of cooperation prevailing at the studios. Adolph Zukor and Jack Cohn, separately and by deduction individually arrived at, draw this conclusion and it happens to be identical. Both are not certain that the code is responsible. Maybe, yes, and maybe, no. It does not matter much so long as their observations are what they are. Listen to Zukor : "There is much more inter- est in what's going on else- where in the business. There is much less of the insular and more of the national in Holly- wood's point of view." And Cohn: "They don't look out of the window any more in Holly- wood when you talk about grosses, what they are and what they ought to be. They are beginning to listen to what the sales department has to say, and that, I say, is a helluva good sign." IT may be a passing fancy. It could even be the well known Hollywood business of oil- ing New York when the east gets troublesome on costs and bad pic- tures. All that and considerably more have been known to happen. Frankly, we don't know the low- down what with 3,000 miles and too much snow between the specu- lative here and factual there. We are certain, however, that the theory is sound and that much more attention to New York on Hollywood's part would be a fine something for this business. The coast has been rollicking along on the premise that New York is screwy; that making pictures is some sort of a mystical secret known to an elect handful and no more ; that it's easy to talk about how it ought to be done and at what price, but vastly different to do it. Hollywood for years has been getting away with the practice of closing the door on a picture as soon as it is shipped to headquar- ters and turning attention to the next one on hand. New York, in turn, and salesmen on hundreds of firing lines, have been given pic- tures to sell that they know shouldn't have been made, but are ; and often at a negative cost that elementary accountancy tells it is impossible to retrieve. There is much more to this busi- ness than the geographical limita- tions of Hollywood. That goes for the area around Times Square as well. The picture business is in between both coastal extremities, but nobody pays much attention to that. B ECAUSE its selec- tion of Los Angeles as the seat of its 14th convention makes it pos- sible for the people who make pic- tures to see the people who buy and sell them, the M.P.T.O.A. has taken a wise and potentially signifi- cant step. A lot is to be said on both sides and now comes an op- portunity to spill it. If we had anything at all to do (.Continued on page 11) Universal Pfd. Drops 6 on Big Board Net High Low Close Change Columbia Pictures, vtc 2454 2354 2354 —154 Consolidated Film Industries 4fi 4A 4A — 54 Consolidated Film Industries, pfd 16 1554 15$i — A, Eastman Kodak 8954 8854 89 + H Fox Film "A" 1454 14 1454 — A. Loew's, Inc 3154 30A 30% + A Loew's, Inc., pfd 90 90 90 M-G-M, pfd 2254 2254 22J4 —154 Paramount, cts 4% 4A 4A — 54 Pathe Exchange 3 2% 2% — A Pathe Exchange "A" 16% 1654 16% — A RKO 354 356 354 — A Universal Pictures, pfd 26 26 26 —6 Warner Bros 6% &A 654 — A Trans Lux Off % on Curb Net High Low Close Change Technicolor 954 954 954 + A Trans Lux 2% 254 2J4 — % Warner Bonds Lose 1 Point Net High Low Close Change General Theatre Equipment 6s '40 9 8% 8A —A General Theatre Equipment 6s '40, ctf 7U 6U 734 — 1 Keith B. P. 6s '46 62 62 62 — A Loew's 6s '41, ww deb rights 9554 93 94 —2 Paramount Broadway 554s '51 3654 355^ 3SA —2$4 Paramount F. L. 6s '47 4554 44f£ 44$i — A Paramount Publix 554s '50 45 4354 4354 — 14 Pathe 7s '37, ww 93 93 93 Warner Bros. 6s '39, wd 53 S154 52 —1 Shifts Are Made in U. A. Foreign Fore Arthur W. Kelly, vice-president United Artists in charge of foreij distribution, has made several shif in the foreign field. Walter Goul former general manager in Lat America, has been named divisior, manager with supervision of all Ce tral and South American countrif He is on his way to Havana for complete tour of his new territory. Edward Ugast, for the past ye and a half manager in the Philippim has been named assistant to Tom Mt rooney, foreign sales manager, aij hereafter will make his headquarte in New York. Ugast has been si ceeded in Manila by Charles H. Goi who is going into the film busim for the first time, although he h been an importer and exporter for years. Earl Kramer has resigned as gt eral manager in Japan and is on 1| way to this country to settle the est; of his father, who died recently. S i ney Albright, formerly with U. A. China, has succeeded Kramer \ Tokyo. Subsidiary in Foreig Field Formed by U. i Wilmington, Feb. 26. — The uni ] Artists Continental Corp. has b chartered here. It is capitalized I 200 shares of no par value. Inc porators are C. S. Peabbles, L. I Herman and Walter Lenz, all of 1 city. Arthur W. Kelly, vice-president charge of foreign distribution United Artists, said yesterday that United Artists Continental Corp. - intended to be "an unimportant s sidiary" in the foreign field. Caravan Reaches K. ( Kansas City, Feb. 26. — Des. zero temperatures here a crowd n bed the Union Station for the arr of the "Moulin Rouge" caravan fi St. Louis for a two-day stay, party was greeted by a civic recep committee, including former Mt< Bryce Smith. This was followed broadcasts from the Muelbach and ■■ pearances at Loew's Midland. Sales 300 400 1,000 600 2,100 23,400 100 100 12,200 5,400 2,600 1,900 4,000 8,100 Sales 800 600 Sales 16 2 1 9 1 7 59 1 65 DuWorld Gets Corned* World distribution of a serie: i feature comedies starring Jimmy f H and produced by Screen-Art Pro tions has been acquired by Du^' i Pictures, Inc. The films will* turned out one a month. Dr. Eul Frenke is directing. Kahane West This W l B. B. Kahane, president of E o Studios, will return to Hollywoc 4 the end of the week following « annual meeting of the RKO boai i directors, which will be held e tomorrow or Thursday. Cochran Coming Ovt London, Feb. 26. — Charles B. C ran, noted revue producer and identified with Fox, plans a tri the States following the stagin two new plays. Butler, Lloyd Re-Sigr Hollywood, Feb. 26. — Fox a5 given new contracts to David B W and Frank Lloyd, directors. «day, February 27, 1934 MOTION PICTURE DAILY oardsNamed In Five More arge Cities {Continued from page 1) k session was called to order early "the afternoon by Ed Ruykendall, ,irman for the day, and continued into the evening. Most of the after- n was occupied with discussions on sonnel of local boards contained in report of the committee on selec- ts, and by the time the completed ;rds had been cleared there was enough time remaining to compile il selections, it was explained. "he meeting also spent considerable e on selection of successors to ts on local boards which were com- :ed earlier, but have been vacated pe by either resignations or the dis- litication of the appointees. Among >se are Ben Kalmenson, appointed representative of national affiliated cributors on the Pittsburgh griev- e board. Kalmenson was Warner nch manager at Pittsburgh and 6 disqualified for the code board t by his subsequent transfer to the atre department. Another is John iiott of Lexington, Ky., appointed .iffiliated exhibitor representative on Cincinnati grievance board. El- It is reported to have declined the . t. Several other instances of this d have developed, Code Authority orted. .The meeting also received a report m Division Administrator Sol A. I senblatt, who attended yesterday's eting, on impartial, non-industry >ointees to boards already com- ited. These, too, are scheduled to released today. The committee on finance submitted first report on a budget and plan a financing Code Authority costs. e report was said to be incomplete :i further work is scheduled for to- f when the finance committee will et again. The committee on man- 1. which is drafting rules of pro- I lure for local boards, likewise sub- • tted an incomplete report. This nmittee will also resume its work lay. A committee designated to report y prospective changes in labor pro- tons of the vaudeville and stage mentation sections handed in a re- jrt which will be acted upon by isenblatt after study. Formal regulations governing the per cent cancellation provisions of ns code were discussed by Code Au- ority yesterday for the first time. ..'suits of this discussion, likewise, 11 not be disclosed until today. Next meeting of Code Authority is set for March 12. W. Ray John- )n will act as chairman. W. Sharp Sells Out; Off Code Board, Too (.Continued from page 1) irardeau, Mo., thereby eliminating mself from the business and mak- g him ineligible for appointment to e Memphis clearance and zoning >ard as one of the two unaffiliated :hibitors representing subsequent ns. This would mean, further, that larp would be compelled to resign president of the recently-formed TO. of Arkansas. Board Setups Believed Fair In Pittsburgh (.Continued from page 1) been a hot bed for battles between circuits and independents and griev- ances have become more pointed than ever since the adoption of the code. It's almost generally agreed that un- less some steps are taken immedi- ately, there'll be enough complaints before the grievance board by the time that group begins to function to keep it busy for years. Although grievance and clearance and zoning boards have been ap- pointed, none of the individuals here have yet been notified officially and there has been no effort thus far at any sort of organization. What the delay is nobody seems to know but to date, there have been no meetings, no concentrated effort to get together and no issues settled. In the meantime, the grievances have been piling up. Circuit men claim that they have been abiding by the letter of the code while the inde- pendents have been finding ways to circumvent it. Independents lay the same charges at the door of the cir- cuits and unless some immediate ac- tion is taken, the boards are going to have a difficult time on their hands reconciling the different factions. All this, of course, has little to do with the feeling about the board set- ups except that it is an indication of what authorities will have to contend with once they begin to function. It is agreed, however, that it'll require a herculean effort on all sides to get the code working as it was meant to. Personnel of the Pittsburgh boards follows : Grievance Ben Kalmenson, representing affiliated national distributors. He was branch man- ager for Warners. Charles Rich, successor. Bert M. Stearn, representing unaffili- ated distributors. Branch manager for United Artists. .Mike J. Cullen, representing affiliated exhibitors. City manager for Loew. Dr. C. E. Herman, representing unaf- filiated exhibitors. Operates theatres in Carnegie. Pa. Clearance and Zoning John J. Maloney, representing affiliated national distributors. Branch manager for M-G-M. James Alexander, representing unaf- filiated distributors. Owns Alexander Film Service, distributes Monogram. Harry M. Kalmine, representing af- filiated first runs. Zone manager for War ners. Frank Harris, representing unaffiliated first runs. President of Harris Amuse- ment Co. Alex S. Moore, representing unaffiliated subsequent runs. Operates neighborhood theatres here. Joseph Weiss, representing unaffiliated subsequent runs. Operates theatres in McKeesport. Impression current in Pittsburgh that code appointees will receive word of their designation from Code Au thority is faulty. Motion Picture Daily has pointed out several times, and does again today, that boards will learn of their personnel from trade papers only. Code Authority has not sent, and will not send out any other notifications. Joy Contact on Code Hollywood, Feb. 26. — A m o n g Colonel Jason Joy's other duties at Fox he will act as studio contact man on code matters. Film Salaries Made Public in U. S. Quiz (Continued from page 1) $92,000 and other compensation of $270,202 and in 1932 received a salary of $87,725 and other compensation of $133,328. Other figures showed Winfield Sheehan to have received $129,747 in 1929 and $269,747 in 1932; Jack Leo, $37,640 in 1928 and $516,000 in 1930 ; Robert Cochrane, $35,000 in 1929 and $26,000 in 1932 ; Carl Laemmle, $132,- 000 in 1929 and $156,000 in 1932; Adolph Zukor, $372,389 in 1928 and $96,031 in 1932; Sam Katz, $297,911 in 1928 and $78,392 in 1932 ; Emanuel Cohen, $173,142 in 1932. Salaries last year included : Arthur M. Loew, $155,500; Louis B. Mayer, $84,500; Irving Thalberg, $135,200; J. Robert Rubin $57,460 ; Felix F. Feist, $55,125; A. C. Thomas, $130,000; Harry Cohn, $145,600; Sidney R. Kent, $60,060; Nicholas M. Schenck, $33,800; Laemmle, $146,000; Harold B. Franklin, $60,420; B. B. Kahane, $46,858; Sheehan, $250,000. Compensation to executives by some of the companies was reported as fol- lows : M-G-M: 1928, cash salaries, $719,400. other compensation $1,060,848; 1932, salar- ies $757,393, other compensation $922,141. Loew's: 1928, cash salaries $442,000, other compensation $296,161 ; 1932, salaries $526,- 317, other compensation $218,724. Warners: 1928, cash salaries $998,119; other compensation $8,805; 1932, salaries $758,623, other compensation $121,920. Fox: 1928, cash salaries $135,500, other compensation $70; 1932, salaries $626,967. other compensation $2,850. Paramount: 1928, cash salaries $990,630, other compensation $930,410; 1932, salaries $636,975, other compensation $95,000. RKO: 1928, cash salaries $262,709, other compensation $1,200; 1932, salaries $315,043, other compensation $6,160. Columbia: 1928, cash salaries $218,000; 1932, $298,883; no other compensation. Universal: 1928, cash salaries $327,030, other compensation $660; 1932, salaries $302,535; no other compensation. No Ushers' Strike For Next Few Days No general strike order of ushers and cleaners who are members of Local 118, Building Service Employes Union, is likely within the next few days, Charles C. Levey, secretary- treasurer of the union, said last night as members of the organization gath- ered at Palm Garden to ballot on a strike proposal. Levey said that it would require several days to count the ballots and additional time for the executive com- mittee of the union to issue a strike order, even if one were approved by the members and believed to be neces- sary. A meeting of representatives of the union and New York circuit execu- tives at the NRA Regional Labor Board here, which was scheduled for yesterday, was postponed until tomor- row. Recognition of the union, denied by the circuits two weeks ago, is scheduled for discussion at the meet- ing. Local 118 filed charges against RKO with the Regional Labor Board yesterday for alleged intimidation of employes who had joined or sought to join the union. Complaints are also being drafted against Springer & Co- calis, which, the union charges, is or- ganizing a company union of ushers to compete with Local 118. Round Table Studio Talks, MPTOA's Aim (Continued from page 1) time giving them an opportunity to tell film-makers some of their own problems in merchandising the prod- uct to the American public. Other major purposes of the con- vention so far developed include a discussion of the code. Four angles of this are to be taken up separately as follows: (a) Local grievance and zoning boards; (b) trade practice provisions; (c) labor provisions; (d) discussions of how the code can be improved. Other subjects set for the program are : Improved methods of theatre operation; organized efforts to in- crease interest and attendance; co- operation with local and national pub- lic groups interested in films ; com- petition with other amusements such as radio, dancing, carnivals and amusement parks; protection through organization against unfair and dis- criminatory taxes on theatres and ad- missions, censorship and drastic regu- latory legislation; double features; restraints on cut-throat competition; construction, remodeling and equip- ment ; labor troubles ; public relations programs for local exhibitors. Speakers for the various programs are being lined up at present. The general layout of the program so far is to have business sessions in the morning, followed by trips to studios afternoons, and with evenings devoted to social gatherings. Arrangements have been completed for special low-rate fares, claimed to be the cheapest ever secured. Two special trains are already set. One will leave Chicago Monday, April 6, and the other will leave New Orleans the same day, both arriving in Los Angeles on April 9, so the delegates can get settled at the Ambassador the day before the start of the convention. One of the special inducements for the trip is an arrangement so that delegates can return on any railroad they choose, or by boat, if they prefer. MPTO Unaffected by New ITO: Lightman Memphis, Feb. 26. — Membership in M. P. T. O. of Arkansas, Mississippi and Tennessee has not been affected by formation of the new I. T. O. of Arkansas, according to M. A. Light- man, tri-state M. P. T. O. president. "We have received more checks for dues in recent months than we had in several years," Lightman said. "A majority of the new Arkansas organ- ization are retaining their membership in M. P. T. O. and many of them are paying their dues." Lightman said that he will call a board meeting within the next three weeks to make plans for the next tri-state convention, which will prob- ably be held just before or just after the national convention in Hollywood April 10. Rosenblatt to Capital Division Administrator Sol A. Ros- enblatt returns to Washington today following attendance at the Code Au- thority meeting yesterday. BECAUSE :u [i [\: MAKE 1 [HE BEST STORY BUYS FOR PI ICTURES WARNER BROS. HAVE CORNERED THE BEST-SELLER MARKET! Best-seller sales help your ticket sales. Their nation-wide reputation benefits every showman in the country—not just a few key-city houses. That's why Warners have concentrated on famous fiction vehicles. That's why we've captured most of the best best-sellers for our 1934 program! . . . These 9 great titles include the outstanding sen- sations of the literary world. Buy Warner— and get the benefit of the hundreds of dollars worth of free publicity that has been given them in your town. 'As The Earth Turns" with Jean Muir* Leslie Howard in"British Agent" Oil For The Lamps Of China" Edward G. Robinson in "Napoleon" Barthelmess in"A Modern Hero" Powell in"Dragon Murder Case" Edw. G. Robinson in"Dark Hazard" Barthelmess in "M a s s a c r e"' And "Anthony Advers e" *A Warner Bros. Picture °A First National Picture Vitagrapb, Inc. Distributors ARE YOU THROWN Oh, no, of course YOU are not throw ing a bluff! . . . But millions of other are these days — or would like to, i they dared! . . . And here's the pictur aimed straight at the bluff thrower — and at their admirers and envien which includes just about everybody . . . Another one of those Universe new idea" pictures that are buildin so much good will— and GOOD BUSI NESS — for exhibitors everywhere A BLUFF? i i With Frank McHugh, Isabel Jewell. Produced by Carl Laemmle, Jr., from a stage play by William Anthony McGuire- Directed by Edward Ludwig. Presented by Carl Laemmle. Another good one ,rom UNIVERSAL MOTION PICTURE DAILY Tuesday, February 27, 1934 i Motion Picture Daily's Hollywood Previews "The House of Rothschild" (20th Century-United Artists) Hollywood, Feb. 26. — Handsomely produced, "The House of Roths- child" is supercharged with entertainment and electric with showmanship. Its subject matter will stir controversy, which will add box-office momentum. Tracing the rise of the Rothschilds from the grime of the Ghetto to eminence in the councils of nations, Producer Darryl Zanuck has evidenced canny sagacity by keynoting a parade of personalities and a panorama of world events by striking always the human note. Opening in Frankfort, Germany, in 1780, Mayer Rothschild (George Arliss), a coin collector, with a wife and five sons, is segregated in what is called Jew Street. Persecuted by the populace, harassed by tax collectors, prohibited by decree from entering reputable trades or pro- fessions, Arliss turns to money lending. On his death bed, sensitive to his family and race, he urges his sons to serve with dignity and honor always, engaging only in the pursuits of peace. Each son goes to a different country, establishing a branch of the house, acting together, however, with Nathan (Arliss) in England as the head. Advance knowledge of Napoleon's defeat elevates Rothschild to real financial power. The Allies propose to rehabilitate France by a loan bid for by the bankers. Rothschild, the lowest bidder, loses on a technicality advanced by the German Count Ledrantz, that he is a Jew. Cut by this treatment, Arliss determines to secure a share of the loan by market strategy, and effects terms which include unshackling the Ghetto chains from his people. Dramatically, Napoleon strikes again, and while England trembles, many selling her short, Rothschild buys and buys, and when a carrier pigeon brings the news of Napoleon's Waterloo, and confidence is restored, a grateful nation confers regal honors upon him. Arliss' consummate artistry makes this easily his best performance. The skillful direction of Al Werker, the throb, thrill and magnitude of the story, the romance of Rothschild's daughter, Loretta Young, with Captain Fitzroy, establish this as the outstanding production of some time. It should be a sensation at the box-office. "The Show Off" (M-G-M) Hollywood, Feb. 26. — Presentation of the talking version of the stage play, "The Show Off," spots Spencer Tracy and Madge Evans in leading roles of a vehicle that appeared behind the footlights about seven years ago. Performed in the big cities and road-showed to the hinter lands, the stage piece was a big success. The film concerns a blatant, good-natured fellow, J. Aubrey Piper. As the smart alec, under-dog clerk who dreams of an empire, who as- sumes big shot, big dough tactics, rides in demonstration automobiles, whose raucous laughter irritates everyone, particularly his in-laws ; who showers inordinate attention on his young wife and who finally is deflated, but who stumbles into good luck, Tracy gives a substantial, full-blown performance, and molds a portrait of the type that has vitality and color. As a production entity, however, the film is confined more to dialogue than to action, and more to characterization than to plot. It is breezy entertainment with bright moments, spasmodically spaced. Besides Tracy, Clara Blandick gives a neat performance. Showmanship will have to be applied for sales impact on customers by stressing the human note and by emphasizing Tracy's box-office draw, along with the value of the title. "David Harum" (Fox) Hollywood, Feb. 26. — In homespun entertainment, packed with neigh- borly drama, Will Rogers in "David Harum" regaled a Loew's State audience here with laughter running from titters to howls. New Eng- land's contribution to dramatic folk lore of America is born again, via the personality of today's Mark Twain in the title role as an authentic Yankee, fabric-woven for heart throbs and gaiety. Sincere native atmosphere dominates the action and dialogue. Rogers' character study, contrasting drama, romance, rural shrewdness, excite- ment, family interest and friendly sympathy accentuates the simple,! straightforward appeal of the story. Outstanding sequences are Rogers' horse trades with Middleton, with Stepin Fetchit being thrown in each time with the horse, Rogers' spon- sored romance between Evelyn Venable and Kent Taylor, tearing ud Widow Sarah Padden's mortgage, preparing Christmas dinner and in celebration, and the exciting county fair-trotting classic, with topical musical accompaniment. James Cruze's direction emphasizes humor and heart-tugging values All of the cast maintains Rogers' pace. Because of the typical American flavor and Rogers' visible enthusi- asm for the role, showmen should find "David Harum" a combination ! of audience picture and showman's show. Rogers' accurate portrait is a fine blend of human and theatric essentials that should draw big patronage. "No Greater Glory" (Columbia) Hollywood, Feb. 26. — Probably not since "All Quiet on the Westerr I-ront" has so powerful a production been viewed. While the formei dealt with young men in actual warfare, "No Greater Glory" picture: kids about fourteen in a gang war, but none the less real. Destined tc take its place among the finer film accomplishments, it should do pros perity business on the strength of its emotional impact, its timely mes[i sage and dramatic embodiment of entertainment values. The story could happen, is happening, anywhere. A teacher druml patriotism into his pupils, and then forbids their belonging to a secre society known as the Paul Street Boys. A rival gang, the Red Shirts! steals the Paul Street Boys' flag. Both gangs then organize for war! on a military basis. Preparatory action for the battle, patrols and attack are splashed wit boyhood humor, pathos, loyalty, heartache, courage and tragedy. Private Nemetsek, sick abed and just made an officer for braver) knowing of the impending battle, steals from bed to fray. Amid a ha of missiles and slashing with a spear and sand bombs, as at Chatea Thierry with gas and bayonet, he recaptures the stolen flag and dies hero. The cast performances are well-nigh perfect, with palm honors goin to George Breakstone (Private Nemetsek), with star citations to Jimm Butler, Frankie Darro and Jackie Searl for the kids, and Ralph Moi gan, Lois Wilson and Christian Rub for the grownups. Frank Borzage directed with deep feeling and understanding, achie\ ing vitality by simplicity and tenderness by heart appeal. Joe Swerling' screen play is a flawless adaptation of Ferenc Molnar's story, stirrin the spirit and exciting the sympathies. Columbia rates bouquets fc producing so dynamic and artistic a film. Minus marquee names, bi properly sold this production will get terrific word-of-mouth exploitatioi "Heat Lightning" (Warners) Hollywood, Feb. 26. — Taking the Greek dramatic trilogy of unit of time, place and action, as in the "Grand Hotel" cycle, "Heat Ligh ning" centers around a gasoline station on the desert. Aline McMahon, getting away from her past, runs a desert au service spot and tourist camp. Her sister, Ann Dvorak, whom Mi. McMahon protects, is her assistant. Comes there two gangsters, Pre ton Foster and Lyle Talbot, fleeing the law. Two Reno queens, Glenc Farrell and Ruth Donnelly also arrive, loaded with jewels, and the chauffeur, Frank McHugh. Foster, recognizing Miss McMahon as £ old Oklahoma flame, tries to renew. First thwarting his advances, si finally succumbs, then bawls out Miss Dvorak, just returning from tow with a loafer. Afterwards, seeing Foster cracking a safe containir the divorcees' jewels, she shoots him. The production holds interest by skillful handling, but the characte seldom grip sympathies, although cast well and perform well. Mervyn LeRoy's direction is commendable, but the plot, contrastit conflict with comedy, inspires little affection for its people. Technicall it is well constructed, but the story seldom pierces the emotions for fi value entertainment. (Additional Reviews on page 12) RAGING RHINO RUNS RIOT! There's no time for "stills" in a world of thrills, so this drawing, one of a series of scenes from "Wild Cargo", was sketched from an actual "frame" of the film by the famous artist J. Clinton Shepherd. The rarest of animals and most dangerous when aroused is the armor-plated Indian Rhino. Only two are known to captivity, both females. Frank Buck had an order to bring back alive a male. Months of search were finally rewarded with a noble specimen, five tons of ferocity, armored like a war tank. Plans were laid for his capture. Fifty natives manned the steel-wire net. Suddenly the Rhino turned and charged directly at Buck ! Had he sensed this man among the many was his enemy come to rob him of his lush jungle? Once! Twice! He charged! Death on the prong of that single brute horn ! A moment's pause and Buck beckoned the boys to fall behind in a half circle, then he stationed himself, a living target for the thunderous charge. Nature always saves her biggest thrills for him and you'll see them all in FRANK BUCK'S "WILD CARGO" Van Beuren Production . . . . . RKO Radio Pictr-e Directed by Armand Denis COMING SOON! MOTION PICTURE DAILY Who? What? When? 10 New Haven (Continued from page 1) Pathe, Furst was made manager of the two offices. That brings him down to two years ago when he joined Warners in his present capa- city. Furst, thus, has been in busi- ness 30 years and all of it in the film industry. I. H. Rogovin, representing un- affiliated distributors on grievances, entered the industry as a salesman for Independent Films, Inc. of Boston in October, 1923. This concern was owned by Abe Montague and Joe Mc- Conville, the present sales heads of Columbia. Rogovin' s association con- tinued until July, 1929, when Indepen- dents' franchise for Columbia in New England was taken over by the com- pany as part of its nationalization of exchanges. He then became a sales- man for Columbia in Boston. In June 26, 1933, he was appointed manager of the New Haven exchange, his current post. Code Authority listed him as E. Rogovin. George Cruzen, representing affili- ated exhibitors on grievances, is the managing operator of the Paramount theatres here. He was formerly Con- necticut district manager for Publix. When the subsidiary corporation oper- ating Connecticut theatres went into receivership about a year ago, Cruzen continued in the same capacity for M. and P. Theatre Corp., a new operat- ing company organized by the re- ceivers to take over the houses. The M in the company is Marty Mullin, long a Publix divisional man- ager and the P is Samuel Pinanski. The company operates the 1,997 seat Allyn in Hartford; the 2,373 seat Paramount in New Haven; the 1,756 Capitol and the 1,094 seat Crown in New London; and the 1,576 Empress and the 1,092 Regent in Nor walk. J. B. Fish man, representing unaffi- liated exhibitors on grievance, is a chemist by profession. He was edu- cated at Yale and received a doctor of philosophy degree in 1920. He en- tered films in 1925 as an exhibitor in partnership with his brothers and is now secretary-treasurer of Fishman Theatres, Inc., which operate the Community, an 870 seat theatre in Fairfield, and the following in New Haven: Howard (1,170 seats), Dix- well (750), Lawrence (710) and Lyric (430). At the minute, Fish- man is engaged in biological chem- istry research at the Yale Medical School. He does this in his spare time, for chemistry, not theatres, is his hobby. He is president for a second term of the M. P. T. O. of Connecticut, which is not affiliated with any national exhibitor organiza- tion. Al M. Kane, representing affiliated national distributors on clearance and zoning, is branch manager here for Paramount, a post which he has oc- cupied since December, 1932. Born in Boston on Feb. 16, 1900, Kane graduated Brighton High School, the Bentley School of Accounting and Finance and the Suffolk Law School. His first job was in the accounting de- partment of the Boston and Albany Railroad ; he held it for five years, after which he enlisted in the army. Upon his discharge in 1919, he re- sumed his old position, working nights as he studied accounting during the daylight hours. After completion of his studies, he joined the Florida East Coast Co. as comptroller and held that post for two years and a half. In April, 1925, he joined Paramount in Boston as assistant booker, as chief accountant, booking manager, salesman and sales manager. He has been a member of Paramount's "100 Per Cent Club" on three different occa- sions. Morris Joseph, representing un- affiliated distributors on clearance and zoning, was a silk manufacturer in Paterson, N. J. and also a buyer of silks for the Standard Mail Order Co., of New York prior to his entry into the him business. He was born in Prussia on Oct. 23, 1879. In 1915, he took a salesman's job with Universal at its "Big U" exchange in New- York. After six months, he was named manager in Springfield. He held that post lor nine months, then being trans- lerred to New Haven as branch man- ager. In 1923, he was transferred to Cleveland and then Kansas City. In 1924, he was returned to New Haven where he has been in charge of the "U" office for the last 10 years. Israel J. Hoffman, representing affiliated first runs on clearance and zoning, was born and raised on local terrain where he was educated and graduated the Yale Law School. In 1911, he passed the Connecticut bar examinations and with his brother, Bernhardt, opened law offices here. tie conducted a successful practice prior to entering the theatre business in 1914 when he acquired and oper- ated the Palestine in Ansonia. Believ- ing exhibition offered a greater field, he determined to abandon law and, concentrating on theatres, acquired the Tremont in the same town as well as the Sterling in Derby. Soon alter he built the Capitol in Derby and ran it on a vaudeville-picture policy featuring important stage names who attracted attention for the Capitol far beyond its normal radius in drawing power. Expansion then followed. Israel and Bernhardt be- gan to acquire more houses and lormed the Hoffman circuit totalling 20. In 1929 when the Warners were buying theatres up and down the land, the Hoffman string was among others acquired. Arthur H. Lockwood, representing unaffiliated first runs on clearance and zoning, is an attorney and a member of the New York bar. He entered show7 business in 1922 with the Nate Gordon interests, operating as Olym- pia Theatres, Inc. and successively managed the Olympia, New Haven, now the Paramount ; the Olympia, New Bedford; the Central Square, Cambridge, Mass., and others. He also spent one year in the circuit's buying and booking department. Lockwood resigned at the end of 1924 to acquire a half interest in the Bristol, Princess and Palace in Bristol and shortly thereafter formed the Colonial Theatre Realty Co. of which he is secretary and treasurer. In 1926, he bought the Circle, South Manchester and later sold it to the Hoffman Brothers. He also operated the Rialto, Torrington and sold it to the Warners in August, 1930. From 1926 to 1930, Lockwood was president of the M. P. T. O. of Connecticut and has continued as a member. In June of last year, he ac- quired a half interest in the 1,400 seat Middlesex, the 1,350 seat Capitol and the 1,200 seat Palace, all in Middle- town. The corporation operating these houses is Middletown Enterprises, Inc., of which Lockwood is secretary and treasurer. Adolph G. Johnson, representing unaffiliated subsequent runs on clear- ance and zoning, served three years on the New Haven Building Lines Com- mission, three years on the New- Haven Traffic Commission, four years on the New Haven City Hall Build- ing Commission which planned and built the first municipal unit known as the Hall of Records at a cost of $750,- 000. Johnson is a Republican and has lour years in his public record as a city alderman. It was on Sept. 1, 1926 that he entered the theatre industry to which he has devoted all of his time since and currently operates the Gar- den here and the Strand, Hamden, Conn. The former house is operated under the name of the 700 seat Garden Theatre Co. of which Johnson is sole owner. The Strand operates as the Johnson and Robbins Corp. of which Johnson is president. He served on the Connecticut arbitration board in conjunction with the New Haven Film Board for three years, has been first vice-president of the Connecticut M. P. T. O. for two years and a member of the Board for the last four years. While the state unit was still a member of the national M. P. T. O. A., Johnson, together with Edward G. Levy and Jack Fishman, made up a Connecticut committee which met with M. A. Lightman, then national presi- dent, and distributor lawyers in an effort to have the 5-5-5 contract adopted. He was also member of an exhibitor committee which fought ex- clusive selling in this territory by M-G-M and Fox and thinks that com- mittee's activities did considerable to break down the plan in this section. The state unit today has no national affiliation, but veers toward Allied. "At the present," declares Johnson, "I am personally against the stand Allied has taken in reference to the code as I believe the industry had bet- ter get together and regulate and work out its own salvation rather than have some outside interest step in and dic- tate our future." Martin H. Keleher, second ex- hibitor representing unaffiliated sub- sequent runs on clearance and zoning, got under way in the business in 1908 as operator of the Torrington (Conn.) Opera House, where he remained un- til 1914. Then he went to work as a salesman for World Film out of Bos- ton, became associated with Louis B. Mayer who, at the time, owned the New England franchise for Metro. When Mayer dropped his early asso- ciation with the company in whose name he today supplies the final M, Keleher also quit to join Nathan Gor- don who had the New England fran- chise for First National, and con- tinued as branch manager for that company in Connecticut for the next dozen years. In 1921, he took over the Princess, Hartford, with Israel J. Hoffman. Two years later, he be- came part owner of the 1,489 seat Strand, Hartford and was identified with the operation of both houses un- til the Hoffman Brothers sold their circuit to Warners. Keleher has been operator of the 788 seat Princess, Hartford for the past two years. Code Authority listed his name as Kelleher. Tuesday, February 27, 1934 Portland (Continued from page 1) affiliated distributors on grievance^, operates the Star Film Exchange her- as well as a preview room along Film Row. J . J. Parker, representing affiliated exhibitors on grievances, is president of Parker's Portland Theatres oper- ating the 1,800 seat Broadway and the 962 seat United Artists Theatres. He has been identified with the busi- ness here for the last 20 years in this territory, having successfully man- aged a number of first runs here, in Astoria and in Vancouver, Wash. During his first years in the business he was located at the old Majestic, under Jensen and Von Herberg, later operating the Majestic and People's under his own name. Parker is re- garded as one of the stable theatre ex- ecutives of the city and, in addition, , has considerable outside interests. His ability to pick and hold loyal employ- ees is viewed as having meant much , in his success in the theatre business. \ He is 48 years old and married. Guy Matthews, representing un-. affiliated exhibitors on grievances, hails from The Dalles where his thea- tre is the Granada, capacity 725. He is a member of Allied Theatres oi Oregon- Louis Amacher, representing affi- liated national distributors on clear- ance and zoning, entered pictures ir 1909 as a film inspector and shipping clerk for the Laemmle Film Servic< here. He was 15 at the time. Frorr 1910 to 1912, he was a booker foil Amalgamated Film Exchange whicl later became General Film in thi. territory. While working on that job- he opened a small suburban theatre a which he maintained a projectionists school at $35 a head. From '12 to T5j Amacher was booker for Film Sup; ply Co., here and in Seattle. Thi! concern later became Universal. HL current affiliation with M-G-M a! local branch manager was not Jhii first with the company, for in 1915-1; Amacher was office manager fo Metro in Seattle. It was about this time that he be came interested in a state right con cern known as Schlaeffer Attraction with which he was connected until h enlisted in the army. Follow-ing h; discharge came a salesman's post wit World and an office managers' jo with Goldwyn. Then it was Asscl ciated Producers as Seattle manage in 1921, F. B. Warner Corp., Wi Gunning, Inc. and American Releai ing successively — all in Seattl Amacher in 1923 took over managi ment of the John Danz circuit bi didn't take to the theatre busines quitting to join Goldwyn-Cosmopol tan as salesman. Six months later 1 was appointed Portland manager ar has been with Goldwyn, Metro-Goli wyn and M-G-M in charge here coi tinuously since that time. James C. Beale, representing ui affiliated distributors on clearance ai zoning, started with Columbia as salesman on July 15, 1929, and becar a branch manager on May 12, 193 Earlier experience embraced Path Universal, Tiffany and a salesmar job with Greater Features in 192 Beale is now Columbia's manag here. Al Finkelstein, representing af Hated first runs on clearance and zo. (Continued on page 11) Tuesday, February 27, 1934 MOTION PICTURE DAILY New Federation to Get Union Charter (.Continued from page 1) tone over to the new organization livhile retaining their memberships in he A.B.A., and this makes them );ligible for labor union membership. The officers of the federation are : gddie Cantor, honorary president; rred Keating, president ; Joe Laurie, fr.. first vice-president ; Victor Moore, -eeond vice-president ; Pat Rooney. bird vice-president ; Guy Magley. '"ourth vice-president; Charles Mos- -oni, treasurer; Whitehead, secretary. *Vhitehead will continue as executive secretary for the A.B.A. The A.F.A. labor charter will cover he following fields : Vaudeville, film oresentation houses, clubs, cabarets, rircuses, carnivals, fairs, tabloids, music halls and restaurants. This does lot conflict with Equity, according to Whitehead, as the Equity charter akes in the legitimate theatre and film fields. Mrs. Crisp Testifies Foreign Talent Vital ; Washington, Feb. 26. — Declaring the industry is international in scope with the American producing com- panies practical}' controlling the finest pictures, Mrs. Irene C. Crisp, appear- ing for the Hays organization, today -told the members of the House Im- migration Committee that our pre- -eminent position cannot be maintained abroad without foreign talent. Mrs. Crisp appeared in opposition to the bill of Representative Dickstein jf New York. Who? What? When? (Continued from page 10) ing, has always been a theatre oper- ator in this part of the U. S. A. As a partner of Al Rosenberg, who is representing affiliated exhibitors on the Seattle grievance board, he ran his own theatres until Fox West Coast purchased Pacific Northwest Thea- tres, Inc. and merged them with the California company. He and Rosen- berg are now prominent in the con- duct of Evergreen State Theatres, a group of approximately 26 houses in various Washington and Oregon cit- ies. Included in his company's Ore- gon holdings, in which FWC retains a finger although in bankruptcv. are the McDonald (1.200 seats) and Rex (850) in Eugene; Hollv (1,200) in Medford; and the Liberty (1.837). Hollywood (1,491) and Paramount (3,400) in Portland. In Washington. Evergreen has the American (1,200 seats) and Mt. Baker (1,740) in Bellingham; Rialto (1,000) and Rex (350) in Bremerton; Balboa (730), Everett (1,200) and Granada (1,000) in Everett; Liberty (700) in Olym- pia ; 5th Ave. (2,420) , Coliseum (2,000), Egyptian (1.000), Neptune (1,000), Orpheum (3.000) and Para- mount (3,000) in Seattle: Fox (3,800), Orpheum (1,200) and State (1,000) in Spokane; Castle (1.200) in Vancouver, Wash. ; and Liberty (750) and Rialto (660) in Wenatchee. Andrew Sasso, representing un- affiliated first runs on clearance and zoning, is the manager of Hamrick's Music Box and a member of Allied of the Northwest. George Jackson, representing un- affiliated subsequent runs on clearance and zoning, is general manager of Woodlaw Theatres. He is 48, but old in experience in the business. A vet- eran exchangeman, his service dates back to 1916 and the days of Mutual in Minneapolis. The following year he was transferred to Portland to open up a branch. Then came a break for Army service and, following the armistice, a salesman's job for Vita- graph. In 1921, the branch was closed and Jackson was named general manager with headquarters in Seattle with supervision over four states. He later was associated for seven years with Universal as manager, spending the bulk of the time in Portland. Leaving in 1929, he became general manager for D. T. Woodlaw, when the Woodlaw circuit was formed. It includes the Circle (650 seats) and Columbia (828). Jackson is a member of Allied Theatres of Oregon. William Cutts, second exhibitor representing unaffiliated subsequent runs on clearance and zoning, is the operator of the Kenton here, capacity 843, and an official of Allied Theatres of Oregon in the affairs of which he has long been prominent. Allied Theatres of Oregon is not affiliated with any national exhibitor I organization. (Continued from page 2) with this forthcoming April event, we would insist upon a cards-on- the-table program, no soft-soaping and plenty of burn in what is said and done. Hollywood deserves and ought to get plenty of hell for forgetting the mileage between its hills and the banks of the Hudson. The men who run theatres haven't done such a good job, many of them. They deserve no escape. Once they get a load of effort that goes into making pictures and the money judiciously spent, al- though a lot of it is not, they may carry home the idea of getting out and selling shows instead of sitting on their rear ends waiting for the customers to part with their two- bit pieces. K ANN Schenck in New Club Hollywood, Feb. 26. — Joseph M. Schenck, who for several years has been president of the Caliente Jockey Club and one of the backers of the resort at Agua Caliente, is reported also to be one of the heavy stock- holders in the proposed Los Angeles Turf Club. Warners Hold Blanke Hollywood, Feb. 26. — Henry Blanke, Warner supervisor, has had his option exercised by the studio. From the days of the Nickelodeon to the Super De Luxe Movie Palace, General Registers have been standard equipment for the progressive theatre. Designed by foremost engineers . . . manu- factured by skilled technicians . . . installed by expert mechanics . . . they are synonymous with motion picture theatre progress. AuiroMAiriiC 'n SIMPLEX ^ TICKET REGISTERS for 20 years — General Registers have been protecting box office receipts. General Register Corporation 1018 S. WABASH AVE. CHICAGO, ILL 540 Broadway New York 80 BOYLSTON STREET BOSTON, MASS. 1726 SO. VERMONT AVE. LOS ANGELES, CAL. 307 NO. 13th STREET PHILADELPHIA, PA. 12 MOTION PICTURE DAILY Takes Spotty As Cold Stays In Key Cities (Continued from page 1) The take was $12,500. "Lost Patrol," with Singin' Sam heading a stage show at the RKO Palace, had a weak $15,000. Others which suffered were "I Like It that Way," "Dark Haz- ard," "King of Wild Horses" and a dual consisting of "You Can't Buy Everything" and "Murder on the Campus." "Eight Girls in a Boat" with Ed- mund Lowe on the stage did the only big business in Philadelphia. The take at the Earle was $16,500. "Dark Hazard" did an average $7,000 at the Stanton and "Moulin Rouge" held up to $7,000 in its second week at the Aldine. "All Of Me," "I Believed In You," "Madame Spy," "Sensation Hunters" and "Eskimo" dragged along. "Hips, Hips, Hooray" stirred up the only box-office hoopla in Denver with a take of $13,000, up by $3,000, at the Orpheum. Dorothy Lee headed a stage show. "Six of a Kind" was also strong at $6,500 at the Denham and "Queen Christina" took a par $7,500 at the Denver. "The Right to Romance" and "Cross Country Cruise" reached average money at the Aladdin and the Paramount. Chicago went for "Carolina" in a big way, giving it a $38,000 gross at the B. & K. Chicago. "Queen Chris- tina" was still up to $11,000 in its third week at the Oriental and "Nana" was good for $9,000 also in its third week at the United Artists. Birmingham Row Stirs Recall Move Birmingham, Feb. 26. — Petitions asking recall of the City Commission were circulated by the Citizens' Anti- Consumers' Sales Tax Committee, after the governing body for the third time had declared the protested ordinance would be passed Feb. 27. The sales ordinance, levying one cent on gross sales, was decided upon by the City Commission as the solution of the city's anticipated shortage of more than $800,000. Theatres are in- cluded in the tax. "Journal of a Crime" (First National) If this title conveys the impression that this is another mystery story, it will be misleading. The film is a delicately handled psychological study of the emotions of a woman who is determined above all to hold her husband — and does. Most of the drama lies in the suspense developed by months of wait- ing to see whether she will break down and confess the murder of her rival, or whether she will pierce the emotional barrier set up when her husband discovers she has destroyed the woman with whom he has been infatuated. Once her outward calm cracks and she goes to see a prisoner charged with shooting a bank cashier as well as the woman she had killed. He tells her to keep silent, as he is to die anyway. On the day of his execution she faints. Her husband taunts her with the statement that she should have expected this, but he enters in his diary that he no longer hates her. Again she decides to confess, but on her way to the police she is struck by a truck while trying to save the life of a child. Hjer memory is gone when she recovers and her husband devotes himself to reconstructing the shattered framework of their happiness. It's a woman's story deftly directed by William Keighley. Ruth Chatterton handles the sombre development of her role with restraint and distinction and Adolphe Menjou gives a fine performance as the husband whose emotional shock is slowly transformed from active hate to unselfish devotion. George Barbier, as manager of the show, in which both Menjou and the murdered woman, Claire Dodd. appear, has the only other role that makes any important impression. There is some incidental music, but practically no comedy. The story sticks closely to its central theme. Its appeal is to adult women. How strongly adolescents or men will go for it remains to be seen. Sterling on Film Errand Hollywood, Feb. 26.— J. J. Ster- ling, mayor of Benton Harbor, Mich., one of the eight persons found dead in the wreck of a United Air Lines plane on the Wasatch Mountains east of Salt Lake City was here the other day obtaining a deposition from Ken- neth L. Fitzpatrick of Fitzpatrick & McElroy, former theatre operators in Michigan and Indiana, concerning litigation over an insurance policy issued to Blair McElroy, late partner of Fitzpatrick. Frank Clemente Here Frank L. Clemente, president of Latin-American Pictures, Inc., has ar- rived in town from the coast and is stopping at the Times Square. Ac- companied by Edward H. Gruiz, sec- retary and treasurer of the company, Clemente will return to the coast on the completion of his business. "Orient Express" (Fox) Good performances, colorful atmosphere and a plot replete with action combine to make "Orient Express" a production of considerable popular appeal. While the story follows the pattern made familiar by "Grand Hotel" and other films in which a group of characters are thrown into relation with one another, it has enough interest and vividness of inci- dent and characterization to let one forget that it follows in the path laid down by "Shanghai Express." All the people important to the plot are passengers aboard a train bound from Ostend to Istanbul. They are a variety of types — a dancer who is broke, a Communist leader with death always near, a cockney, a murderous thief, a newspaperwoman, a young businessman of wealth, and several others. The dancer (Heather Angel) falls in love with the business lad (Norman Foster) and comes close to death when she is arrested in the Balkans with the Communist (Ralph Morgan) in the belief she is his accomplice. Though her sentence is set at a day in jail she escapes with the Communist, who faced death before the firing squad in the morning. She is found by Foster, who started a search when he found her missing from the train. Ironically enough, the thief (Roy d'Arcy) falls before the firing squad when the Communist's wallet, con- taining a passport made out under an English name, is found in his possession. Other players are Herbert Mundin, Una O'Connor, Irene Ware and Dorothy Burgess. Credit for direction goes to Paul Martin. "Palooka," today's opener at the Rivoli, was reviewed from Hollywood by wire on Jan. 23. "Wonder Bar," tomorrow's opener at the Strand, was reviewed on Feb. 17. Jay Means Talking Suit in K. C. Fight (Continued from page 1) ability of legal steps against Loew's Midland, Publix Newman and major distributors serving them in order to force them to raise their scales. The suit may be filed in Federal Court, according to Means, on a charge of monopoly, unfair competi- tion and conspiracy in restraint of trade. Means said that for the time being suburbans will leave admission prices and policies as is, but he and prob- ably others will cut scales this week. He said the issue would come to a head when code boards are set up and exhibitors will force a showdown under the code. The Newman is taking the price war into the neighborhoods through newspaper advertising and the distrib ution of 50,000 heralds. The house did an S-R.O. business over the week end. Earl Gulick Promoted Earl Gulick, long identified with General Outdoor Advertising, has been named a vice-president of Out- door Advertising, Inc. The Leading Daily Jiewspape% of the Motion Picture Industry MOTION PICTURE DAILY Alert, Intelligent and Faith fur Service' to the Industry in All Branches il)L. 35. NO. 48 NEW YORK, WEDNESDAY, FEBRUARY 28, 1934 TEN CENTS l^ode Changes By President 'Are Forecast thnson Outlines Plan At Washington Meet A'ashington, Feb. 27. — Changes of Its by Presidential order where :icism and experience have demon- ated they need change was prom- i today by Administrator Hugh Johnson at the opening session of ie critics here. Changes will be followed by another npaign for the Blue Eagle and cter enforcement, he indicated. Though General Johnson called it 'field day for criticism," critics did actually get a chance to talk to- ■. Most of the program was taken by the administrator's speech in rich he outlined the following 12- mt program. 1. A more uniform and equit- l.ble rule of price stabilization (Continued on page 8) oast Picking Up; 37 Features Going Hollywood, Feb. 27. — Production wed a sharp increase last week r the previous week with a total of features and 11 shorts in work as .inst a score of 33 and 13 for the ceding week. This is the first week :e the Christmas holidays that pro- •tion has been close to the yearly mal weekly average of 40 and IS. Varner-First National studio, as in preceding week, remained in the i with a 'total of eight features in (Continued on page 6) oxy Says 25 -Week Tour Is About Set Declaring no contracts as yet had n signed but expressing his con- ;nce that all details were set, Roxy i yesterday his presentation house r will run 25 weeks at $10,000 per ek in theatres controlled by Publix, ew, Warners and perhaps a few 10 houses as well. Why should I keep myself in a (Continued on page 6) ational Screen Net Goes Up to $107,010 National Screen Service Corp. re- ts a profit of $107,010.75 for the ..r ending Dec. 31, 1933. This com- es with a net of $95,556.47 for 1932. Majors Will Resist 10% Ruling from Rosenblatt The Key to the Boards How to identify official appointments to code boards: Grievance Boards 1. Representative national distributor, affiliated. 2. Representative distributor, unaffiliated. 3. Exhibitor, affiliated. 4. Exhibitor, unaffiliated. Clearance and Zoning Boards 1. Representative national distributor, affiliated. 2. Representative distributor, unaffiliated. 3. First run exhibitor, affiliated. 4. First run exhibitor, unaffiliated. 5. Subsequent run exhibitors, unaffiliated. 10 New Boards, Total 52; More Impartial Men Named Code Authority yesterday made public 10 grievance and clearance and zoning boards to sit in Albany, At- lanta, Chicago, Cleveland and Mil- waukee, thereby increasing the total to date to 52. At the same time, impartial mem- bers were named for Buffalo, Denver, Pittsburgh, Portland and Salt Lake City. In Charlotte, C. W. Craver of that city was named representative of unaffiliated subsequent runs replacing W. H. Hendricks of Reidville, N. C. Personnel of the 10 new boards fol- lows : Albany Grievance 1. R. C. Halligan, RKO 2. Charles Johnson, Columbia. 3. Lou Lazar, Warner Theatres. 4. Abe Stone, Albany. Impartial Member — Shepard Z. Baum, Albany attorney. Clearance and Zoning 1. Ralph Pielow, M-G-M. (Continued on page 6) Product Cuts Coming, Says Felix Feist Chicago, Feb. 27. — Product cur- tailment is in the air, declared Felix Feist, general sales manager for M-G-M, on his way east from the coast today. He said that the trend is toward cutting down the number of pictures and extending runs, but how soon this will be brought about de- pends on conditions. Shorts next season will be princi- pally in color, he declared. M-G-M will deliver all 48 of the (Continued on page 8) Film Leaders Join Move to Aid M. P. Club Through the efforts of Will H. Hays and Louis Nizer some of the leading figures in the industry have been interested in the rehabilitation of the M. P. Club and a new lease of life is expected for the organization. New directors who have consented to serve are: Adolph Zukor, Jules E. Brulatour, Jack Cohn, Hays, Carl Laemmle, Sr., Al Lichtman and Her- bert J. Yates. Details of the proposed new setup (Continued on page 6) Decide to Fight on All Pacts Made Prior To Dec. 7. Warners, Paramount, Fox, RKO and M-G-M indicated at Monday's meeting of Code Authority that they would not accept Division Adminis- trator Sol A. Rosenblatt's ruling that the 10 per cent cancellation provision of the code would apply on product released after Dec. 7, even though contracts were made prior to that date, it was learned yesterday. In- dications are that these companies will not voluntarily authorize can- cellations on any contracts made prior to Dec. 7. The expressions of disagreement did not in any manner constitute an action of the Code Authority, but were purely expressions of individual com- pany opinion given by representatives of the five companies who were in attendance at the meeting as alter- (Continued on page 8) Business Picking Up, Says Lichtman Chicago, Feb. 27.— Business is picking up satisfactorily, asserted Al Lichtman, vice-president in charge of domestic distribution for U. A., here today between trains on his trip to New York from the coast. U. A. has four more to go on its current list of 18. U. A. is placing great hopes on "House of Rothschild," which he previewed on the coast, Lichtman said. It opens at the Astor, New York, March 14. Lichtman said he would make a tour of middle west exchanges follow- ing his return to New York. Report Balaban May Get Detroit Houses Detroit, Feb. 27. — Reports grew in insistence today that Publix theatres here, now being operated for Para- (Continued on page 6) Who? What? When? Seventh instalment of the biographies of the men who make up the code boards ap- pears on page 4 today. MOTION PICTURE DAILY Wednesday, February 28, MOTION PICTURE DAILY (Registered U. S. Patent Office) Vol. 35 February 28, 1934 No. 48 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. Clifford, manager; London Bureau: 6 Brookland Close, Hampstead Garden Suburb, Bernard Charman, Representative; Berlin Bureau: Berlin-Tem- pelhof, Kaiserin-Augustastrasse 28, Joachim K. Rutenberg, Representative; Paris Bu- reau: 19, Rue de la Cour-des-Noues, Pierre Autre, Representative; Rome Bureau: Viale Gorizia, Vittorio Malpassuti, Representative: Sydney Bureau: 102 Sussex Street, Cliff Holt, Representative; Mexico City Bureau: Apartado 269, James Lockhart, Representa- tive; Glasgow Bureau: 86 Dundrennan Road, G. Holmes, Representative; Budapest Bureau: 11 Olaaz Fasor 17, Endre Hevesi, Representative. 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. Denies Deal to Plug Coca-Cola in Films Warners denied yesterday the as- sertion made in a printed bulletin said to be anonymously circulated among the newspapers of the country that the company had entered into an agreement to plug Coca-Cola in its films for a monetary consideration. The company explained that it had entered into a deal with the Coca- Cola Corp. granting it the privilege "to use the likenesses and names of the stars employed by us in its ad- vertising." "It is not our intention or policy to incorporate advertising in our pro- ductions," the denial added. Mert A. Wilber Dead Richmond, Feb. 27.— Mert A. Wil- ber, for 27 years connected with the Colonial, Lyric and National here at various times, is dead at his home here. He is survived by his widow, and a sister, Mrs. Nora Hackett of Andover, N. Y. RKO Executives Back Cresson E. Smith, western and southern sales manager ; Al Mertz, short subject sales manager, and A. A. Schubart, head of the contract de- partment of RKO, are back from sales conferences held at Chicago and Mem- phis. $3,000 for Fund Detroit, Feb. 27. — A final audit of expenses versus income of the Variety Club party here Saturday night shows the club's treasury has been bulwark- ed by $3,000. It will swell the welfare fund. Insiders' Outlook AUDIO PROD., Erpi subsid- iary, making shorts that stress advances in sound record- ing via music, probably will re- lease through Educational. . . . Much, very much, interest in the salary-bonus inside turned loose by the Federal Trade Commis- sion. . . . Nick Schenck is bur- rowing into the production situa- tion at M-G-M. He's an ace hand at straightening out troubled waters and making quiet waters quieter. . . . T Theatre business has been sent galley west by the weather. . . . If it isn't one thing, it's another. And yet, down Miami-way, re- ceipts are a la boom times. Streets are so crowded, it's tough finding room for the pedal ex- tremities so they go to theatres. . . . Remembering, or having heard of, Metro's unfortunate ex- perience with "The Prizefighter and the Lady," United Artists sidestepped the fight pitfall by a broad play on the love angle in "Palooka" with Jimmy Durante as the 1934 Don Juan. . . . ▼ Why did M. H. Aylesworth re- fuse to serve as a director of the about-to-be-revived Motion Pic- ture Club? An interesting yarn behind that. . . . Paramount ex- ecutives are holding another meeting with theatre partners, this time in Florida. Nothing wrong with their selection. . . . The Association of M. P. Pro- ducers— Hays' organization in west — already is turning enter- tainment wheels for the M. P. T. O. A. convention, slated for Los Angeles April 10-12. Jack Lewis, long an assistant to Joe Breen, is torch bearer in charge of pre- liminary arrangements. . . . T Under the head of "Are Pro- ducers Lacking in Staging Fore- sight," and the sub-head of "Tabloid Bills Alienating Many," H. E. Cherrington, dramatic edi- tor of the Columbus Dispatch, says : "From the type of stage show which has lately been playing local theatres it would seem that the movie chains are going bur- lesque. Fan dancers, strip acts, blue jokes— they are all appur- tenances of the burlesque house, which have their followings. How- ever, that following is not in a family picture house. We have heard enough complaints to show us that the money that is at- tracted is not good money. That is to say, this kind of thing is not building for the theatre's fu- ture. It is, in fact, alienating many patrons, and perhaps alien- ating them for good." T The Criterion may house "No Greater Glory" which Vic Sha- piro caught in Hollywood the other night and raved about by wire in Motion Picture Daily yesterday. Columbia is figuring on a two-a-day run here for it. The Nanking government has re- fused Metro permission to shoot scenes for "The Good Earth" in China. ... KANN Farnol Sailing Today Lynn Farnol, publicity man for Samuel Goldwyn, sails on the Man- hattan today for London in connec- tion with the British premier of "Nana." He will be gone 12 weeks, the latter half a holiday. Laemmle Buys Story Hollywood, Feb. 27. — One of Carl Laemmle, Jr.'s first acts upon re- turning to the coast was to purchase "Weather Permitting," an original by Ferdinand Schumann - Heink. Kurt Neumann is slated to direct. Stocks on Big Board Gain High Low Close Columbia Pictures, vtc 24 24 24 Consolidated Film Industries 454 V/i AY% Consolidated Film Industries, pfd 16 1536 16 Eastman Kodak 90 89J4 90 Fox Film "A" 14^ 1454 1454 Loew's, Inc 32 30^ 3136 Paramount, cts 454 V/t 436 Pathe Exchange 35| 234 3jA Pa the Exchange "A" 17VS 1654 VVS RKO 354 Sfi 336 Warner Bros 7 636 6% Trans Lux Up % on Curb High Low Close Technicolor 954 954 954 Trans Lux 236 236 236 Bond Market in Sharp Rise High Low Close General Theatre Equipment 6s '40 936 836 936 General Theatre Equipment 6s '40, ctf 834 754 834 Keith B. F. 6s '46 6236 6254 6254 Loew's 6s '41, ww deb rights 9536 9436 9554 Paramount Broadway 554s '51 3654 3654 3654 Paramount F. L. 6s '47 4554 4434 4554 Paramount Publix 554s '50 46 4434 46 Warner Bros. 6s '39, wd 5354 52 5354 Net Change + 54 + 36 +1 + 54 + 34 + 54 + 54 + 34 + 56 + 56 Net Change - 54 + 56 Net Change + ?4 +1 + 54 4-154 +m + % +m +154 Sales 100 1,300 600 900 1.000 20,300 12.300 3.200 2,700 5.100 6.500 Sales 100 100 Sales 4 10 10 34 1 10 3 16 Academy Plans New Consistency Award Hollywood, Feb. 27. — For the firs! time the Academy proposes to mak special awards for the best consistr work throughout the year. One awar will go to each major studio, with tl studio to be the deciding factor i making nominations for eligibles. Its revived research work has be< divided into nine sections with a chai man of a sub-committee in charge < each as follows : Establishment of i effective uniform practice in re length (1,700 feet), J. M. Nickolau^ revision of standard release print, ! J. Twining ; improvement of relea print quality, L. E. Clark; establi^l ment of uniform screen illumination I studio projection rooms, Nathan Lai inson ; development of a silent canj era, Virgil Miller ; development more efficient use of the 35 mm. fil^ area, Douglas Shearer; correction distortion in projection, John Liva ery ; study of economics in recordin E. H. Hansen : investigation of fil j oreservatives, C. Rov Hunter. Extras Present Mor Terms Under Cod Hollywood, Feb. 27. — The loc grievance board has voted against i tention in the code of the provision i quiring that women extras be int< viewed by women on the ground it an insult to female players and thro a bad light on studios. Also c manded are regulations regarding tii extras spend for fittings, lunch a interviews. A quarter day's pay for fittings sought unless a job lasts two days longer. Other terms are a minimi of a half hour for meals, overtime one hour for each four hours wort and pay at a pro rata scale for int views requiring more than one hou Court Drops $69,500 Claims Against Par Individual claims aggregating $3 000 filed against Paramount Pub by 12 holders of Paramount Bro; way bonds, and seven Allied Own Corp. claims for $36,500 were c allowed and expunged yesterday Referee Henry K. Davis when claimants failed to appear at a heari on objections to the claims brou; by Paramount trustees. Referee Davis also approved a tition making the Paramount trust: and Paramount Publix parties to sale of a story property of Paramc Productions to RKO for $15,000. story is "The Dover Road," by A. Milne, and the transaction inchu sale of the copyright on "The Li Adventuress," a sjlent film made 1927 from the book. Para. Partners Ena Fla. Confab Todc Jacksonville, Fla., Feb. 27. — I J amount theatre operating partners c m elude a conference here tomorr attended by theatre affiliates of company throughout the Southeas' Here from the home office are Ra A. Kohn, Y. Frank Freeman and Si Dembow, Jr. Also attending are • J. Sparks, Robert Wilby. H. F. K - cey, Hunter Perry, M. C. Talley. • B. Garner, Carl R. Bamford, Will K. Jenkins, Arthur Lucas and E. I Crall. CALLS IT HIS BEST -and that's putting it DAVID HARUM C0 LOUISE DRESSER • EVELYN YENABLE KENT TAYLOR • STEPIN FETCHIT From Edward Noyes Westcott's novel. Directed by James Cruze Produced by Winfield Sheehan 4 MOTION PICTURE DAILY Wednesday, February 28, IV Who? What? When? Seventh instalment in a biographical series on the men who make up the code boards. Charlotte, Feb. 27. — Frank Bryan, representing affiliated na- tional distributors on the Charlotte grievance board, was native-born. On May 5, 1892, to be exact about it. He clerked for the Southern Rail- way, years and years ago and broke into pictures in 1908 by doing mis- cellaneous jobs around nickelodeons, later graduating into an operator. He cranked a machine until 1914 when he joined the Greater New York Film Rental Co. as office helper, shipper, inspector and eventually as manager. In 1915, the office closed and the changing scene then took Bryan to Atlanta as salesman for World Film, then V. L. S. E., Fox and Vitagraph. In 1917 he became manager for Vita- graph in New Orleans and in Atlanta the following year. It was in 1920 that Bryan determined to shift to Richmond where he became manager for First National. Then to Char- lotte until 1930 when Warners took over First National. H. H. Everett, representing unaffi- liated distributors on grievances, is manager of Arthur C. Bromberg At- tractions which owns the Monogram franchise in the Southeast. Everett has been stationed here for about 10 years and in the industry 15. H. F. Kincey, representing affi- liated exhibitors on grievances, is a theatre operating partner for Para- mount in this territory. With Robert Wilby, he organized the Wilby-Kin- cey Circuit throughout North and South Carolina years back. The cir- cuit was affiliated for a time with the former Southern Enterprises, headed by S. A. Lynch, who is now in charge of the Paramount theatre reorganiza- tion for units in bankruptcy. With the acquisition by Paramount of Southern Enterprises in 1926, the Wilby-Kincey circuit also became a Publix affiliate. Kincey continued as division manager for the theatre oper- ations here, and following the Para- mount bankruptcy became an operat- ing partner under a deal made with the trustees in bankruptcy for Para- mount. His operating company is known as North Carolina Theatres, Inc., with headquarters in Charlotte. In point of numerical strength and buying power, it is the outstanding circuit in the territory and totals 52 houses, ranging from the 2,400 seat Carolina in Greensboro where Montgomery Hill is district manager to 300 seaters like the State in Greenville and the Imperial at Lenoir. Its points of op- eration are Burlington (two houses), Chapel Hill (one), Charlotte (two), Concord (one), Durham (four), Fay- etteville (two), Goldsboro (two), Greensboro (four), Greenville (one), Hendersonville (one), High Point (four), Lenoir (two), Raleigh (three), Rocky Mount (two), Salis- bury (three), Wilson (two) and Winston Salem three). North Caro- lina Theatres skip geographical boundaries by operating in these South Carolina towns as well: Anderson (one house), Columbia (four), Green- ville (two), Spartansburg (three) and Sumter (one). Kincey is a director of Theatre Owners of North and South Carolina, Inc., an affiliate of the M. P. T. O. A. Charles W. Picquet, representing unaffiliated exhibitors on grievances, is president of Theatre Owners of North and South Carolina, Inc., an affiliate of the national M. P. T. O. A. He has been active in small town theatre operation in the Carolinas and operates the 800 seat Carolina at Southern Pines and the 1,000 seat theatre of the same name at Pine- hurst. A $1 top admission at Pic- quet's Pinehurst house was common doings before the depression. Some of the leading social lights of Amer- ica were among those who attended his picture shows in the heyday at the exclusive Southern resort. Paul Rousseau, impartial member on grievances, is not only secretary of the Charlotte Merchants' Ass'n. but manager of the Merchants' Credit Bureau as well. Ira Furman, representing affiliated national distributors on clearance and zoning, includes on his service record a post with the old Goldwyn Co. in Pittsburgh. Promotion came to him on Feb. 27, 925, when he was named office manager of the Metro-Goldwyn office in Smoky City. On Sept. 5, 1927, he was given the M-G-M branch here. It's still his. Robert J. Ingram, representing un- affiliated distributors on clearance and zoning, is manager for Columbia which he joined on May 1, 1928. Earlier experience included jobs with Liberty Specialty Pictures and Enter- prise. From 1922 to 1926, he was a branch manager for Progress Pictures. Ingram transferred here from Mem- phis where he was a salesman for his present employers. Montgomery Hill, representing af- filiated first runs on clearance and zoning, is district manager for North Carolina Theatres, Inc., of which H. F. Kincey is the operating head, and maintains his headquarters in Greens- boro, N. C. He has been identified with circuit operation in this territory for a number of years. Albert Sottile, representing un- affiliated first runs on clearance and zoning ; hails from Charleston, S. C, where he is owner and operator of the Gloria, seating 1,800; Majestic, seating 400 ; Garden, seating 800 ; and Victory, seating 900. He is a vice- president of the Theatre Owners of North and South Carolina, Inc., Code Authority erred in spelling of his name in its official list. J. M. Gregg, representing unaffi- liated subsequent runs on clearance and zoning, resides here and is gen- eral manager of Criterion Theatres, one each in Charlotte, Greenboro and Durham. The Charlotte house is a 750 seater, the Greensboro, 1,500 and the Durham, 800. Gregg is a director of the Theatre Owners of North and South Carolina, Inc. Code Authority listed his name as Cregg. C. W. Craver, second exhibitor representing unaffiliated subsequent runs, was named to this post by Code Authority in New York today. He replaces W. H. Hendricks of Reid- ville, N. C, the first appointee. Char- lotte film men have maintained right along that Hendricks was an unaf- filiated first run, and not an unaffili- ated subsequent run, his theatres , be- ing the 400-seat Broadway and the 800-seat Rockingham in his town. This may be the reason for canceling out his name and substituting Craver. C. O. Keuster, impartial member on clearance and zoning, is secretary of the Charlotte Chamber of Com- merce and vice-president of the Mer- chants' Cold Storage Commission Co., Inc., and has been prominent in local business and civic activities for years. Code Authority listed him as Kuester. Oklahoma City, Feb. 27. — Otto Rohde, representing affiliated national distributors on the Oklahoma City grievance board, for six years, or from 1913 to 1919, was a salesman for the A. G. Spaulding Co. in Dallas. From 1919 to 1921, he was sales manager for the Lucas Theatre Supply Co. in the same city and for the next two years a salesman for Fox. The next five years found Rohde with Pathe in Dallas and New Orleans as a sales- man and branch manager. In 1928, he became a branch manager for War- ners in Oklahoma City. Currently he manages that company's exchange here. Sol Davis, representing unaffiliated distributors on grievances, has been in the business for 25 years. He was born in Austin, Tex., where the local high school gave him his education. His film career began with General Film in Dallas ; then Hallmark in San Francisco and Specialty Pictures Corp. again in Dallas. Later it was Arkansas Specialty Co. in Little Rock and Syndicate Pictures here. Today, Davis manages Syndicate Pictures and is also part owner of the exchange which distributes Monogram in this territory. R. M. Clark, representing affiliated exhibitors on grievances, is the gen- eral manager of the Griffith Amuse- ment Co. and secretary of the Theatre Owners of Oklahoma. Griffith Amuse- ment operates about 36 theatres in Oklahoma, ranging in size from the 1,250-seat Orpheum in Okmulgee to the 300-seat Folly at Duncan. The circuit is concentrated principally in small towns and embraces in its string the following in Oklahoma : Ada, two theatres ; Bartlesville, three ; Chandler, one ; Duncan, two ; Elk City, one ; Enid, two ; Fairfax, one ; Guthrie, two; Hugo, one; Maud, one; Norman, two ; Oklahoma City, one ; Okmulgee, two ; Seminole, two ; Shawnee, three, and Stillwater, two. In Texas, the circuit includes these towns : Borger, two ; Pampa, three ; Panhandle, one, and Wellington, two. Clark is a mem- ber of the Theatre Owners of Okla- homa, which is not affiliated with any national exhibitor organization. Fred B. Pickrel, representing un- affiliated exhibitors on grievances, was born in Jackson, O., on April 4, 1885, and has a high school and a college education. His amusement experience includes various jobs such as musician, publicity man and grand opera. He has also managed legitimate and stock houses, including the Forum at Wich- ita, Kan., from 1904 to 1913. From 1916 to 1917, Pickrel was a salesman for Pathe out of Kansas City and ex- change manager for that company in Oklahoma City from 1917 to 1921. In between, he ran a small theatre in Ponca City for two years, rejoin; Pathe and later again returning Ponca City in 1923. At one time, operated five theatres in the latte town, one in Pawhuska and alsi served as president of the M. P. T. C' of Oklahoma for two terms. Toda; Pickrel is part owner and manager c the Poncan and Murray in Ponca Cit.'1 where he makes his home. The Por can seats 1,200 and the Murray 9'H Pickrel is a member of the Theatr Owners of Oklahoma. Judge Albert C. Hunt, imparti; member on grievances, is a prominei " Oklahoma City attorney and lorn* chief justice of the state Suprerr Court. He has no interest in the th« atre industry. Ray A. Hidgon, representing affil j ated national distributors on clearantj and zoning, first began in the industil as a theatre manager for one of til Glenn Dickinson theatres in Kansaj Previously, he was in the bankir business for 10 years, where he w; variously employed by the Union N; tional Bank of Manhattan, Kan., ar the Lawrence National Bank of Lav rence, Kan. His rise with the Did inson interests was rapid and, befo he left to enter distribution via Fo was for three years general manage of that circuit. He joined Fox c1 April 29, 1929, as a salesman out (I Kansas City and immediately disti guished himself as one of the cor pany's leading salesmen during tl. 1929-30 season. On Nov. 1, 1930, 1' was promoted to a managership Oklahoma City, where he has be<| since that date. Higdon was born ( Feb. 1, 1900. Code Authority list* his initials as F. A. L. Frank Stocker, representii' unaffiliated distributors on clearan and zoning, is manager here for C lumbia. He started with the compa- as a salesman on Feb. 2, 1929, and b came a branch manager on March 1929, the following month. Stocki for 10 years, was a salesman for Li erty Specialty Films. Pat McGee, representing affiliat first runs on clearance and zoning, associated with Joe H. Cooper, Par mount partner operating in this ci as Standard Theatres Corp. Fo houses are involved in the affiliati! here. They are the Capitol ( O seats), Circle (964), Ritz (756), Ci terion (1,619) and Victoria (80( The Cooper organization is also Paramount operating partner in N braska, Colorado, Wyoming and Ar ansas situations. The local Paramou' affiliation dates back about six yea McGee is well known throughout t trade in the West and Southwe! having been an executive of t; Cooper organization for many yea He is a member of Theatre Own< of Oklahoma. Ralph Talbot, representing un; filiated first runs on clearance a zoning, is city manager of a Tu circuit, which includes the Majes j (570 seats), Orpheum (1,400), Ria (1,250) and Ritz (2,000). He is w known in this territory where he 1 been a theatre operator for years a is a member of Theatre Owners Oklahoma. M. Lowenstein, representing un filiated subsequent runs on clearai and zoning, is the owner and manas of the Majestic, capacity 550. He; also president of the Theatre Own of Oklahoma. (Continued on page 6) ill Keep I loin fiuifiij Side Up with this great ad campaign by Steig, world-famous caricaturist. It takes the lines off your face and puts 'em in front of your box-office! Directed by BENJAMIN STOLOFF Presented by RELIANCE PICTURES Produced by EDWARD SMALL cleaned lit UNITED ARTISTS at the BOX-OFFICE NEW YORK — Packed Rivoli at opening yesterday despite zero weather and record snowstorm ! BOSTON — Doubles gross of previous week! WASHINGTON — Beats previous week 30^ despite blizzard ! BALTIMORE — "Heavy attendance ups sugary gross" reports Variety! AKRON — Biggest week since house re-opened last summer! BINGHAMTON — Smashes all records! Audiences wild with enthusiasm' MOTION PICTURE DAILY Wednesday, February 28, 193 Film Leaders Join Move to Aid Club (Continued from page 1) will be explained tomorrow at a 1 o'clock luncheon by Hays and Nizer. Under the proposed new setup dues will be reduced to $75 per year and all the old members will get the bene- fit of this cut. Those already paid up on the basis of the old $125 rate will receive credits. A $75,000 bond issue will be retired at the rate of $6,000 per year, the same rate agreed upon in the past. In place of a fixed yearly rental of $24,000, the new deal with the land- lord, 165 West 46th St. Corp., pro- vides for payment out of the club's surplus after expenses up to $12,000 a year. In other words, there is no commitment on rent and the figure is limited to $12,000. It is figured this will permit the retirement of bonds on the basis agreed upon. There will be no new bond issues and no assess- ments. As a matter of fact, there never has been an assessment. Turson, Booker, on Stand for Rembusch Charles Turson, booker for Rem- busch Enterprises' Rialto, Indiana- polis, testified yesterday that he was unable to obtain anything but subse- quent run pictures for that house in 1930 and was unable to get any major company pictures at all for the Col- onial, Indianapolis, until an arbitration award" of $1,586 obtained against the theatre by Universal had been sat- isfied. Turson was testifying in the Frank Rembusch anti-trust suit against major companies and the M.P.P.D.A., which is in its third week of trial before Judge Alfred M. Coxe in U. S. District Court here. Joseph Quittner, Middletown, N. Y., exhibitor, was cross-examined yester- day by Max D. Steuer, attorney for the defendants. Quittner had been placed on the stand the day before. Federation Decides On $10 a Reel Dues Federation of the M. P. Industry voted yesterday to assess members $10 per negative reel plus a further small assessment on each positive reel. The revenue is expected to meet an annual budget of $50,000. The national double feature situa- tion was discussed at the meeting and the policy was viewed as having spread materially during the past year. Increase in double featuring is re- garded by the organization as an in- dication of prosperity for member companies and one that forecasts paid up memberships. Cooperation with the I.M.P.P.A., Hollywood, on all inde- pendent affairs was voted by the meet- ing. A secretary of the organization will not be named to succeed Alec Moss, who resigned to join Para- mount, for several days. Bernhard to the Coast Joseph Bernhard, general man- ager of Warner theatres, leaves today for a three-week inspection tour of coast theatres. Set Against Broadcast Hollywood, Feb. 27. — Producers were revealed today as adamant against the Wampas star broadcast. Who? What? When? (Continued from page 4) W. P. Moran, second exhibitor rep- resenting unaffiliated subsequent runs on clearance and zoning, is vice-presi- dent and part owner of the Southwest- ern Theatres, Inc., with headquarters here. Its theatres include the Mid- west (500 seats), in Chickasha; the American (300) and Dunkin (1,000), in Cushing; Isis (315), in Oklahoma City; Plaza, 500), in Picher; Circle (412), Lyric (500), Main Street (580) and Plaza (600), in Tulsa, and the Cameo (410), in West Tulsa. Moran is a member of the Theatre Owners of Oklahoma. Code Authority errone- ously listed his name as Morgan. F. C. Morey, impartial member of clearance and zoning, has been with the Tradesmen's National Bank of Oklahoma City since 1917 and is now a vice-president. He has no theatre af- filiation or interests. 10 New Boards, Total 52; More Impartial Men Named (Continued from page 1) 2. Nate Sauber, Universal. 3. Charles W. Koerner, RKO. 4. William Benton, Saratoga. 5. Charles Wilson, Troy; Fred Mausert, Glens Falls. Impartial Member — Judge David Wanger, Albany. Atlanta Grievance 1. Dave Prince, Paramount. 2. A. C. Bromberg, Monogram. 3. Lionel H. Keane, Loew's. 4. Nat M. Williams, Thomasville, Ga. Impartial Member — Roy Le Craw, Atlanta. He is connected with State Life Insurance Co. of Indiana. Clearance and Zoning 1. J. H. Hamlin, M-G-M. 2. W. S. Anderson, Columbia. 3. R. B. Wilby, Paramount. 4. Oscar C. Lam, Rome. 5. Mitchell Wolfson, Miami; Wil- lis J. Davis, Atlanta. Impartial Member — Alvin G. Max- well, Atlanta. He is vice-president of the Citizens' and Southern National Bank. Chicago Grievance 1. Charles Reagan, Paramount. 2. Irving W. Mandel, Security Pic- tures (Monogram). 3. James Coston, Warners. 4. Nate Wolf, Chicago. Impartial Member- — Lowell B. Mason, recommended by Chicago Chamber of Commerce. Clearance and Zoning 1. Felix Mendelssohn, M-G-M. 2. Henry Herbel, Universal. 3. Walter Immerman, B. & K. 4. Jack Rose, Chicago. 5. Jack Miller, Chicago Exhibitors Ass'n. of Chicago ; Aaron Saperstein, Allied Theatres of Chicago. Impartial Member — Judge Hugo Friend, circuit court. Cleveland Grievance 1. Edwin J. Fontaine, Paramount. 2. H. C. Bissell, Columbia. 3. Nat Wolf, Warner Theatres. 4. J. D. Kalafat, Cleveland. Impartial Member — Judge Joseph H. Ackermann. Clearance and Zoning 1. Frank Drew, M-G-M. 2. Nat Lefton, Monogram. 3. Nat Holt, RKO Theatres. 4. John Huebner, Marion, O. 5. Martin G. Smith, Toledo; Frank Gross, Cleveland. Impartial Member — Jerome M. Friedlander. Milwaukee Grievance 1. Sam Shurman, M-G-M. 2. George Ross, Columbia. 3. David E. Weshner, Warner Theatres. 4. Fred S. Meyer, president, M. P. T. O. of Wisconsin. Impartial Member — Pierce Bitker, secretary, Milwaukee Chamber of Commerce. Clearance and Zoning 1. R. T. Smith, Warner. 2. George L. Levine, Universal. 3. H. J. Fitzgerald, Fox Midwesco. 4. Tom Saxe, Madison. 5. William Ainsworth, Fond du Lac ; George Fisher, Milwaukee. Impartial Member — Joseph G. Rhode. Impartial members named yesterday were : Buffalo — Milton Guggenheimer, re- tired merchant, impartial member on grievances. Dr. Peter C. Cornell on clearance and zoning. Denver — J. Glen Donaldson, impar- tial member on grievances. He is at- tached to the office of the attorney general of the State of Colorado. Clarence K. Gould, impartial mem- ber on clearance and zoning. He is a lumber man and identified with the First National Bank of Denver. Pittsburgh — Aaron M. Jaffe, impar- tial member on grievances. He is an attorney. Samuel J. Horvitz, impartial mem- ber on clearance and zoning. Portland — Judge Ashby Dickson, impartial member on grievances. Bert Haney, impartial member on clearance and zoning. He is chairman of the Portland Port Commission. Salt Lake City — Samuel C. Pow- ell, impartial member on grievances. He is president of the Utah Bar Ass'n. Joseph H. Rayburn, impartial mem- ber on clearance and zoning. He is assistant state director of the Civil Works Administration. Yet to be named are Boston New, York, Philadelphia, San Francisco and Washington boards. Coast Picking Up; 37 Features Going (Continued from page 1) work, one preparing and nine editing Radio followed with five, four an three; M-G-M had four, zero and 10 Paramount, four, six and three; Fo> three, three and six ; Universal, thr';< four and two ; Fox, three, three an six; Century, two, one and one; Cc lumbia, two, four and six, while th independent group reported a total ( six, eight and nine. In the short subject field, M-G-> registered two in work, one prepai ing and three editing ; Roach reporte two, three and three ; Universal, on' one and four; Columbia, zero, one an four ; Radio, zero, two and four. The independent shorts makers r<| ported a total of six, four and five. ' This gradual increase during th past three weeks will in all probati ity continue, as 31 features and 0 snorts are in the final stages of pn paration, with 49 and 20 in the fin; editing stages. Universal is returning to norm; for the first time in three months wit six scheduled to start within the ne: two weeks. Pictures slated for an early startir date are: "Little Man, What Now: "The Human Side," "Alias the De; con," "Affairs of a Gentleman," "T| Practical Joker" and "I Give Mr Love." Russians9 Theatres Fine, Muni Assert Albuquerque, Feb. 27. — Russi; theatres are among the finest in t! world, declared Paul Muni here ( route to the coast. Russian studios are making proj ress, he said, but the pictures w not be commercial in this country b cause their aim is cultural and arti tic, rather than box-office. Muni is on his way to resume wo. for Warners. He said he hoped return to the stage next season if I could find a suitable play. Report Balaban Mai Get Detroit House (Continued from page 1) mount trustees under a 10-mon agreement with George W. Trend will go to John Balaban of Chica; who originally made a bid for t houses. Trendle was in New York tod.' It is viewed as improbable in N< York that there will be any change the Detroit situation until George ^ Trendle's management deal draws an end about August, if then. Roxy Says 2 5 -Week Tour Is About Si (Continued from page 1) shell of pride?" he asked and th answered himself. "I can give a of youngsters work, do nothing to i pair my chances for the future, bri entertainment to thousands through; the country and do well by mys at the same time. A quarter of a rr lion is not to be tossed over the sho der lightly. At least, I'm not prepai to do that and I'm far from brok Courtesy United Artists INDUSTRY COVERAGE: This is important to reader and advertiser alike. Better Theatres' circu- lation (A. B. C. figures, not our own!) means jour- nalistic responsibility to the broad interests of the motion picture. Better Theatres' arrival at practi- cally every American motion picture theatre and its circulation abroad mean a vast market to the manu- facturer of theatre goods. Mere claim of such cir- culation might prove a gold brick! But Better The- atres is a member of the Audit Bureau of Circula- tions, which supplies the advertiser with facts. INDUSTRY PRESTIGE: With advertising so impor- tant to its structure, a publication can do no less than reach the advertiser's market convincingly. This Better Theatres long has done, does now, will do. High editorial standards and sincere personal service, maintaining recognized leadership, assure conviction. And the Audit Bureau of Circulations will supply anyone the figures on market coverage. the national journal devoted to the operation, maintenance, equipment and planning of motion picture theatres. SPRING BUYERS' NUMBER APRIL 7 EDITORIAL STANDARDS: To build— like the wis- est of "Walt Disney's justly celebrated little porkers — with bricks, the publisher begins with high edi- torial standards. They form the cornerstone of any genuine publishing structure, and therefore were laid down at the beginning as fundamental to the foun- dation of Quigley Publications. They are thus basic- ally imposed upon Better Theatres. Rejected must be the sticks and the straw, because with them you can't build Reader-Interest, Reader-Confidence, Reader-Response, without which no journal can well serve those who use it to help build their own business structure. DIRECT SERVICE: To its great family of respon- sive readers, Better Theatres is as warmly respon- sive. In its pages and by mail the theatre man's specific questions concerning the architecture, main- tenance and operation of his property, are answered by experts of integrity. A QUIGLEY PUBLICATION, 1790 BROADWAY, NEW YORK MOTION PICTURE DAILY Duals "One of Greatest Evils Of Business, 99 Declares Feist Chicago, Feb. 27. — One of the greatest evils of the show business is dual bills, declared Felix Feist, M-G-M sales manager, during his stopover here today eastbound for New York. "Duals should be eliminated," he declared. "There is no such thing any more as a second show at night. The public doesn't know when to come to theatres to see a picture." In this connection he referred to the Kansas City price war and the starting of duals at the Publix Newman. He expressed the opinion that Loew's Midland should also go to duals and thus hasten the cure of the double-billing, price-cutting epidemic in that city. 8 Majors Will Resist Ruling By Rosenblatt (Continued from pai/e 1) nates. Emphasizing the unofficial character of the expressions was this formal statement issued yesterday by John C. Flinn, secretary of the Code Authority : "Acting with the approval of the Code Authority of the motion picture industry, John C. Flinn, executive secretary, asked the legal department of the NRA its opinion as to what, if any, are rights of elimination an ex- hibitor has on pictures played or re- leased after the effective date of the code, contracted for on contracts exe- cuted prior to the effective date of the code, Dec. 7." The statement then reported that a reply had been received from Rosen- blatt containing the already announced ruling by the NRA legal department holding that the cancellation privilegf applied on contracts made prior to Dec. 7. This letter from Rosenblatt was formally presented to the Code Au- thority for the first time on Monday, but, being merely in the nature of a reply to a request for information, called for no action from that body. Individual representatives of the five companies, however, indicated dis- agreement with the ruling following- its reading. Of these expressions Flinn's statement of yesterday says: "Mr. Flinn is informed that some of the distributors do not agree with the NRA interpretation." The statement is taken to indicate the unofficial na- ture of the disagreement and to em- phasize its lack of association with the Code Authority. Attitude of Authority Members Substantiating this view is the fact that exhibitor representatives on Code Authority, Nathan Yamins, Charles L. O'Reilly and Ed Kuykendall, were not recorded as making any statement on the NRA ruling; W. Ray John- ston, independent distributor _ repre- sentative, was not aligned with the non-consenters and is understood to favor the ruling, and that neither R. H. Cochrane, representative of unaf- filiated distributors, nor his alternate, Jack Cohn, was present at the meet- ing. Queried yesterday, both Coch- rane, vice-president of Universal, and Cohn, vice-president of Columbia, stated that they were not advised of the incident and had no comment to make. Attending the meeting as repre- sentatives of affiliated producer-dis- tributors were Charles Moskowitz. alternate for Nicholas M. Schenck of Loew's-M-G-M ; Neil Agnew, alter- nate for George Schaefer, Paramount : Major Leslie E. Thompson, alternate for M. H. Aylesworth of RKO ; John D. Clark, alternate for Sidney R. Kent of Fox, and Harold S. Barefor'd, alternate for Hi. M. Warner. Motion Picture Daily, on Jan. 20, two days following Rosenblatt's original ruling on cancellations, ex- clusively reported that leading: dis- tributors would oppose its anolication to contracts made prior to Dec. 7 on the ground that it concerned a matter of contract which Rosenblatt was without authority to disturb. Motion Picture Daily's story of that date stated that attempts to invoke the ruling would probably bring about a court test, as legal departments of leading distribution companies pointed out at the time that no code for any other industry has been permitted to disturb existing contracts and that "if an attempt was made in this industry it would be a matter for a law court, rather than a code board, to settle." Expect Authority Budget Ready Mar. 12 A budget for Code Authority ad- ministration expenses together with a plan of assessing the industry to meet the budget may be presented at the next meeting of Code Authority, March 12, it was learned yesterday. The committee on finance, in charge of these arrangements, met yesterday and will continue with meetings throughout the next two weeks in an effort to have its plans ready for sub- mission to Code Authority by the next meeting date. The committee on manual, which is preparing rules of procedure for local code boards, is also expected to have its final report ready by March 12. The committee met yesterday and has scheduled several additional meetings during the next two weeks. Meet Again Today to Pick Remaining Boards The committee on selections for local code boards resumes meeting to- day in an effort to wind up selections for the 10 remaining boards for five, cities at an early date. Members of the committee would make no pre- dictions yesterday as to the time it would require to complete the re- maining' boards. Nathan Yamins re- plied that it "probably depended on how long he could hold out." Authority Group to Attend Code Forums John C. Flinn, executive secretary of Code Authority, and four or five members of Code Authority not yet named will leave for Washington Sun- day to attend the open forums on NRA codes conducted by Adminis- trator Hugh S. Johnson. No definite number of Code Authority members will make the trip, it was said, the number probably being limited to those who are able to get away at the time. Allied Unit to Talk Code Minneapolis, Feb. 27. — The code will receive considerable attention when the Minnesota-Dakota Allied unit meets at the Radisson Hotel here Wednesday. Among those expected are Abram F. Myers, counsel for the national organization : F. J. McWil- liams, Wisconsin; H. M. Richey, Michigan, and Aaron Saperstein. Code Changes by President Forecast (Continued from page 1) where necessary to prevent throat- cut competition, with further in- surance against prices outstrip- ping purchasing power. 2. A more effective rule to pre- vent sales below costs of produc- tion. 3. Uniformity in wages and hours in industries which are competitive. 4. Uniform classification of areas for the prevailing Southern wage differential. 5. Further reduction in working hours and further increase in hourly wages. 6. Protection against mono- poly, oppression of small enter- prise and inclusion in codes of buying regulations to protect the small fellows. 7. An improved method to ob- tain compliance. 8. A method for financing code administration without racketeer- ing. 9. Elimination of inconsistent or conflicting provisions in codes. 10. Adequate labor and con- sumer representation in an ad- visory capacity on code authori- ties. 11. Uniform Government repre- sentation on the authorities. 12. Wider use within code groups of mechanism for settling- disputes. In defense of the NRA, General Johnson said it had put 2,750,000 men back to work and had increased the country's annual payroll bv $3,000.- 000,000. General Johnson described the Blue Eagle as "the first time in our history that the people as a whole were given a chance to enforce a statute enacted in their own interest by their own participation." For chiselers this was "too terrify- ingly simple," he said. "Ninety per cent of industry is un- der codes," he declared. "The Blue Eagle has just begun to function. These meetings are the first move in a closing up of our ranks for a new forward movement by NRA. Chance or circumstance may stop it, but you are not going to stop it, or even make it falter." General Johnson assured all critics at least 15 minutes during the forth- coming meetings. Nearly 200 codes are up for discussion. 9,069 Code Assents Assents to the code numbered 9,069 yesterday. Wednesday, February 28, 19 Product Cuts Coming, Says Felix Feis (Continued from page 1) features promised for this seat'. Feist said, with four big ones d_ directly, including "Rip Tide" a" "Viva Villa." His recent exchange tour en roi to the coast, Feist said, had convinc him conditions were very good e; of the Rockies, but not so good the west coast. He predicted that ' the fall of this year returns would as good as at any time in the histo of the show business. The comi fall, be predicts, will bring a genei hike in admission prices. No particular trends in producti are evident for next season, he sa but M-G-M's list will be diversify and a number of historical drarr can be expected. Union Set to Meet On Walkout Dm The executive committee of Lo 118, Theatre and Amusement E-: ployes Union, will meet behind clo^ doors within the next few days to I a date for a general walkout of ur ers and cleaners in the event a me1 ing with circuit representatives at 11 NRA Regional Labor Board today suits in no agreement on recognit of the union by the circuits, it v learned yesterday. The execut committee's contemplated action \i authorized by ballot of members the local Monday night at Palm G, den, where 1,576 members voted favor of a walkout and 19 oppo one. Sharp's Little Rock Houses in New Haw Memphis, Feb. 27. — Sale of T. Sharp's three houses in Little Rc reported in Motion Picture Da this morning, is now officially c firmed and announced. The houses . the New, Prospect and Little R() and the purchasers are S. E. Brs Hardy Sanders and Joseph Wheeler, all of Cape Giraudeau, ]( The new owners take charge imi diately. Sharp's post on the Memphis elf11 ance and zoning board calls for a • placement. Col. Fetes Exhibitors Kansas City, Mo., Feb. 27.- group of 100 Kansas-Missouri exr tors were entertained by Columbia day at a luncheon here at wl: speakers included Mayor Bryce Smith, I. T. 0„ President Jay M« and Mrs. Eleanore Walton and 1 Holmes, city censors. Harry Tay Columbia branch manager, was to master jointly with Max Roth, dis* manager. Morris Leaves Bed Sam E. Morris, foreign sales n ager for Warners, was dischar from the Sydenham Hospital yes day where he had been ill for sev weeks and went to his home. H scheduled to leave for Europe March 17. The Leading Newspaper of the Motion Picture Industry MOTION PICTURE DAILY Alert, Intelligent and Faithful Service to the Industry in All Branches )L. 35. NO. 49 NEW YORK, THURSDAY, MARCH 1, 1934 TEN CENTS •ig Electrics ued by Indie lieatre Group rade Restraint Charged On Sound Contracts Suit was filed in U. S. District mrt for the Southern District of w York yesterday by interests rep- lenting some 60 local houses affili- ! d with the I. T. O. A. against A. & T., Western Electric and Erpi charges of restraint of trade. The intiffs, who are represented by the V firm of Weisman, Quinn, Allan :d Splett, assert they were forced lease their sound equipment from : defendants at exorbitant prices or thrown out of business under con- (Continued on page 2) 'uals' End Menace, Is Golden's Claim 'The elimination of double features the greatest menace that could hap- i to the motion picture industry," •[.ward Golden, Monogram sales inager, countered yesterday after Uding in Motion Picture Daily Chicago interview with Felix F. jfist, M-G-M sales manager, in ikh duals were described as "one the greatest evils of show busi- ;s." Elimination of duals, Golden said, (Continued on page 6) xpect RKO Board To Confirm Shifts Changes in executive personnel of ■ious RKO companies are expected ,. be confirmed today when directors RKO Radio Pictures hold their erred annual meeting. ' Jp for what was viewed yesterday (Continued on page 2) Afraid of Fire Kansas City, Feb. 28.— To prevent the heat in Mae West's "I'm No Angel" from starting a conflagration, Jim M. Owen, Branson, Mo., ex- i hibitor, had the local fire de- partment transport the print from the station to his the- atre. A further precaution was taken when Owen ob- tained a fire insurance policy for the fire truck. Slash of 400 in Shorts Looked for Next Season Authority to Submit Report In Washington A report of the Code Authority will be submitted to Administrator Hugh S. Johnson Monday at the Washington meeting of code authori- ties of all industries, it was learned yesterday. The report will be in the nature of a brief forecast and estimate of the workings of the film code, particularly its labor provisions. Estimates of in- creased employment and payrolls, ef- fect of the trade practice provisions of the code on the industry and a report on administration of the code will be contained in the report, which is now being prepared by John C. Flinn, executive secretary of Code Authority. Scheduled to attend the Washington meetitngs are: Sidney R. Kent, J. Robert Rubin, alternate for Nicholas M. Schenck ; Ed Kuykendall, Charles L. O'Reilly, Nathan Yamins, W. Ray (Continued on page 4) Code Budget Hangs On Capital Ruling The scape of activities of code authorities and their local boards, which is expected to be defined at the Washington conference of code authorities of all industries next week, will have its influence on the size of the budget to be set by the committee on finance of the film Code Authority, it was learned yesterday. No definite budget will be set by the committee, as a result, until after the Washington meetings. Individual members of the finance committee have under consideration a (Continued on page 6) He's Not Worried Denver, Feb. 28. — Frank Milton, owner of the Rivoli, a 10-cent grind, claims a rec- ord. Says his is the only house in the United States giving a "tab" show with pic- tures that has been operating for 18 years without a shut- down. Milton uses the films just before the producers are ready to put them away for posterity, gives a double fea- ture and a half-hour show for a dime, and stands them up from three to five days a week. Opinions Vary On Boards in Cincinnati Cincinnati, Feb. 28. — A survey conducted by Motion Picture Daily among the more prominent exhibitors and key men in the Cincinnati dis- tributing area on unbiased opinions and impartial reactions of the griev- ance and clearance and zoning boards as announced, has brought a diversity of viewpoints. In no case, however, has there been the least doubt expressed as to the high calibre of the men selected, who, it is pointed out, are ably qualified by (Continued on page 4) ITOA Not to Sign; Hits Labor Terms The I.T.O.A. yesterday voted not to sign the code until its labor pro- visions covering: operators are clari- fied. The organization which, by its (Continued on page 6) Court Battle Is Seen On 10% Cancellation Ruling A court test of the ruling that the 10 per cent cancellation clause became effective Dec. 7 on all contracts of more than $250 average rental, which was handed down by Division Admin- istrator Sol A. Rosenblatt on Jan. 18 and objected to by representatives of five leading distributors when read at Monday's meeting of Code Authority, (Continued on page 4) Duals' Spread and More Stage Shows Given As the Reason A curtailment of short subject pro- duction for next season is foreseen in advance surveys of the market made by sales representatives and backed by advance estimates of short subject re- quirements submitted by theatre oper- ators. Present, but incomplete, indi- cations are that as many as 400 fewer shorts may be made next season. Ap- proximately 1,200 are scheduled for this season, exclusive of newsreels. Reasons for the curtailment are said to be primarily the spread of double featuring throughout the country and the increase in stage shows at first runs, which automatically reduces the number of shorts used by the stage presentation house, usually a source of largest rentals. An example of the effect of double (Continued on page 6) Usher and Cleaner Strike Is Averted An ushers' and cleaners' strike in New York theatres was averted yes- terday at a conference between circuit representatives and Charles C. Levey, secretary-treasurer of Local 118, Theatre and Amusement Employes Union, at the NRA Regional Labor Board, when the union agreed to ac- cept the circuit's offer to recognize the union to the extent of engaging with it in collective bargaining on (Continued on page 6) Kansas Industry in Clear on New Laws Topeka, Feb. 28. — No legislation affecting the industry, directly or in- directly, is expected at the special session of the Kansas legislature which convenes here Thursday. The assem- bly is the second special session since last fall and was called for emergency farm mortgage legislation. It is ex- pected to complete its work by the end of the week. Who? What? When? Eighth instalment of the biographies of the men who make up the code boards ap- pears on page 4 today. MOTION PICTURE DAILY Thursday, March I, 193 MOTION PICTURE DAILY (Registered U. S. Patent Office) Vol. 35 March 1, 1934 No. 49 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 Doily, 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. Clifford, manager; London Bureau: 6 Brookland Close, Hampstead Garden Suburb, Bernard Char man, Representative; Berlin Bureau: Berlin-Tem- pelhof, Kaiserin-Augustastrasse 28, Joachim K. Rutenberg, Representative: Paris Bu- reau: 19, Rue de la Cour-des-Noues, Pierre Autre, Representative; Rome Bureau: Viale Gorizia, Vittorio Malpassuti, Representative: Sydney Bureau: 102 Sussex Street, Cliff Holt, Representative; Mexico City Bureau: Apartado 269, James Lockhart, Representa- tive; Glasgow Bureau: 86 Dundrennan Road, G. Holmes, Representative; Budapest Bureau: 11 Olaaz Fasor 17, Endre Hevesi, Representative. 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. W. E. 1933 Deficit Put at $13,772,504 Western Electric reports a net loss for 1933 of $13,772,504. In 1932 the loss was $12,625,972. Sales totalled $69,511,000, about 16.9 per cent of the 1929 volume and the lowest of any year since 1915. Flash Reviews "The Dream of My People" — In- structive and entertaining ... a tribute to Jewish enterprise . . . chiefly valu- able in dense centers of Jewish popu- lation. "Mystery Liner" — . . . the story seems about set to get started some- where, but somehow or other never actually does. "Texas Tornado" — . . . Never a dull moment in the whole of it, even though the story is old and decrepit. These pictures will be revieiuca in full in later editions of Motion Pic- ture Daily. "David Harum," this morning's opener at the Music Hall, was re- viewed from Hollywood Feb. 27. 'As Earth Turns* Opens Danbury, Conn., Feb. 28. — "As the Earth Turns" was sriven its world premiere at the Palace here tonight by warners in a blaze of arc light. BEN BLUE Under Contract WARNER BROS. VITAPHONE STUDIO Now Making Personal Appearances in England Direction of JOE RIVKIN — Leo Morrison Agency Reservations Pour In for Club Lunch Reservations received for today's luncheon of the reorganized M. P. Club indicate the gathering will be a "Who's Who" of the industry, Louis Nizer, in charge of arrangements, reported yesterday. Will H. Hays and Nizer are scheduled as the prin- cipal speakers for the gathering. Important announcements on new officers of the club, its present status financially and its future plans will be made. A feature of the social calendar planned for the club will be its new bar, it was said. Plans for resumption of the Tuesday forums will be outlined. New officers of the club have been appointed and will be made known at the luncheon. Each is an outstanding industry executive, it was said. Ex- ecutives who have already agreed to serve on the club's directorate include Adolph Zukor, H. J. Yates, Al Licht- man, Jules E. Brulatour, Jack Cohn, Carl Laemmle and Hays. Snow in Cincinnati Cripples Attendance Cincinnati, Feb. 28. — The heaviest snowfall in nearly a decade, accord- ing to the oldest member of the hot stove league, has slowed up theatre attendance, and crippled business gen- erally throughout the state. Local houses which had near capacity, and, in some instances, "terrific" business on their openings Friday, report box- office curves greatly depressed. $2, \800 to 4 P. M. "Wonder Bar" grossed $2,800 up to 4 P.M. at the Strand yesterday at 35 and 55 cents, according to Warners, who forecast a $7,500 opening day. Bomb Dubinsky House St. Joseph, Mo., Feb. 28.— The front of Dubinsky's Electric here was wrecked early today by a bomb ex- plosion attributed to labor trouble. Favors Dickstein Bill Washington. Feb. 28. — The House Immigration Committee today re- ported favorably on the Dickstein bill. Chase Bank Para. Bond Claims Stand Following an earlier order author- izing Chase National Bank, as trustee under a $13,717,819 Paramount bond indenture of Aug. 1, 1930, to file claims against Paramount for the difference between the full amount of the indenture and the amount of valid claims filed by individual bond- holders, Referee Henry K. Davis yesterday denied a petition of the Paramount Publix trustees to have the Chase Bank claim disallowed and expunged. The difference between the amount of claims filed by individual bond- holders and the amount of the inden- ture issue is approximately $1,682,- 000. Referee Davis also denied a similar petition of the trustees in re- lation to a Chase Bank claim as trustee under a Paramount bond in- denture of Dec. 1, 1927, for $12,133,- 752. The trustees' motion to expunge this claim was denied and it was or- dered allowed in an ammount repre- sented by the difference between the full amount of the bond indenture and the allowances made on claims filed and proved by individual bondholders. Expect RKO Board To Confirm Shifts (Continued from page 1) as routine acceptance with no ques- tions asked are official confirmation of decisions reached and announced in Hollywood on Feb. 16. These in- clude elevation of J. R. McDonough, general manager of all RKO com- panies, to the presidency of RKO Radio Pictures ; confirmation of ap- pointment of B. B. Kahane, former president of the picture company, to presidency of RKO Studios, Inc. ; elevation of Ned E. Depinet, from a vice-presidency of RKO Radio Pic- tures to the presidency of RKO Dis- tributing Corp. McDonough is reported committed to a policy of clearing all major deci- sions over his desk as the executive in charge of operations of all the RKO companies in production, dis- tribution and exhibition. This is ex- pected to be formally defined and ac- cepted at the meeting as well. Pathe "A" Up 7% on Big Board High Low Close Columbia Pictures, vtc 24V, 24 24 Consolidated Film Industries 454 4^4 4V2 Consolidated Film Industries, pfd 167/$ 16 16% Eastman Kodak 9VA 8934 90V2 Fox Film "A" 1554 1474 1474 Loew's, Inc 3254 3034 3034 Loew's, Inc.. pfd 90 90 90 Paramount, cts 5 414 454 Pathe Exchange 35/£ 314 354 Pathe Exchange "A" 1954 17*4 1R34 RKO 334 334 334 Universal Pictures, pfd 27l4 2754 2T*A Warner Bros 754 634 634 Net Change + 34 + 74 + V2 + 34 — 54 4- 54 + V± +1*4 +154 Technicolor Gains % on Curb High Low Technicolor 934 934 Trans Lux 234 2?4 Net Close Change 934 + 54 234 Warner Bonds Rise IV2 Hiffh Low Close General Theatre Equipment 6s '40 974 9 954 General Theatre Equipment 6s '40, ctf 9'4 9 9 Keith B. F. 6s '46..... 6?1/. 62V< 6254 Paramount Broadwav 554s '51 3654 3654 36r4> Paramount F. L. 6s '47 46X4 45r4 46 Paramount Publix SV2s '50 4554 45*4 4554 Warner Bros. 6s '39, wd 56 5354 55 Net Change - 54 + 54 +134 + V2 - 54 +154 Sales 400 1.000 1.800 1.000 2.200 16.600 100 16.900 19.900 11.500 13.600 1.000 12.400 Sales 100 100 Sale* 7 15 1 1 21 2 16 Big Electrici Sued by Indie Theatre Grouj (Continued from page 1) tracts entered into with producers fc bidding the latter to sell pictures exhibitors not using Erpi sound. The plaintiffs demand that tht contracts with the defendants be abr gated and that all payments in exc« of the cost of the equipment install in their theatres be returned to the' They also ask that all allegedly e cessive service charges be refunded The plaintiffs are: Flower Garden Amusement Corp., H rison Amusement Corp., Lauren Rea Corp., Stillwell Theatre, Inc., Reliable C Estates Operating Co., Williamsburg PI toplay Corp., Maurice L. Fleischman. & E. Amusement Corp., Art Amusem Corp., New Utrecht-43rd Street Coi Kayares Theatrical, Inc., Ridge Theati Weiswor Amusement Corp., Unity Ami ment Corp., Fox Metropolitan Playhoui Willis Avenue Theatres, Atma Amusem Corp., Katz Theatre Corp., Slope Theat Corp., Sound Theatre, Inc., Day-Gold T atres, Reginald Theatre Corp.. Lincoln terprises, Ray Amusement Corp.. Bosr Theatre Corp.. 15th Street Amusement ( T. & S. Amusement Corp.. Vadeau Ami ment Corp., Sanders Theatres Corp., class Motion Picture Theatres Corp.., N R. Theatres, College Theatres, Z< Amusement Corp.. Eagle Moving Pict Co., Hygrade Amusement Co., K. L. Holding Corp.. Washington Bridge Ami ment Corp., Haring Amusement Co., ton Crescent Corp.. Monroe Cinema Co Rhinelander Amusement Corp., Roose' Amusement Corp. Rembusch Concern Out of Trust Sti Rembusch Enterprises, the Indq apolis theatre company headed Frank Rembusch which is the pri pal complainant in the anti-trust against major distributors now bf tried in U. S- District Court h withdrew yesterday as a plaintiff the action. Weed & Candler, attorneys for plaintiffs, stated that the action taken by them "owing to the admi insanity of Rembusch at this t which leaves the plaintiffs unable establish actual damages in his i from the conspiracy charged in suit." The trial of the suit continues the Capitol Amusement Co., an Indianapolis theatre operator, in which Rembusch owns a half terest, as the sole complainant. W drawal of Rembusch Enterprises suits in eliminating from the c plaint the triple damages of appr mately $1,000,000 asked by the pi tiff. Capitol Amusement asks t< damages of approximately $l,O0C and this amount remains in the p' tiffs petition. Realty Associates Offer Is Accept Creditors of Realty Associates curities Corp., bankrupt firm w built the Paramount in BrooklyiB well as several other theatres, ye I day accepted a composition offer cfl per cent cash and 85 per cent in si anteed bonds at a hearing before I gene F. O'Connor, Jr., referee I bankruptcy. Bondholders are also to be givM one-third representation on the tm of directors. The agreement mu:M approved by the U. S. District CM CREAM OF TODAY'S NEWS! J_"CAT AND THE FIDDLE" opening engagements packing them in. [Novarro and Jeanette Mac Donald's love songs captivate audiences.) 2~ "MYSTERY OF MR. X" rated swell entertain- ment, wins unanimous praise of New York critics. (Bob Montgomery's handsomest starring role and a perfect exploitation picture.) 3_ GARBO in "Secret Loves of QUEEN CHRISTINA" continues happy box-office career. 71 M-G-M execs in California get first glimpse of SHEARER in "Rip Tide". Oh boy! Just wait! 5_ VIVA VILLA! VIVA VILLA! VIVA VILLA! That's what the whole world will be shouting. [And Wallace Beery tops his best in it I) MOTION PICTURE DAILY Thursday, March I, I Court Fight Seen on 10% Cancellation (Continued from page 1) appears a certainty in tne minds of representative distribution executives queried yesterday. 1 he distributors point out that there is no point in testing the ruling in local coue boards or with the Code Autnonty, as the NRA has already ruied on the subject tor the guidance oi code bodies. A suDsequent iNRA ruling held that the administrator s interpretation ot code provisions is authoritative and final. These rulings make it necessary tor local boards or Code Authority to contorm to the Rosenblatt interpretation on the 10 per cent cancellation clause, it was pointed out. Distributors add, however, that an- other INKA ruling, given last week at Ahieds insistence, makes it plain that signers ot the code reserve an their rights at law in the event ot injury under the code. It was stated yesterday that cancellations on con- tracts made before Dec. 7, the bulk ot which were made at rock-bottom terms on the understanding with the exhibitor that the entire schedule ot pictures of a company was being con- tracted for, would be considered an "injury" under the code. If cancella- tions were understood to be permis- ible on these contracts at the time, price concessions now represented in many of them would not have been made, distributors say. Some dis- tributors stated that this would also work an injustice on other exhibitors who contracted for pictures after Dec. 7 and paid the full rentals. See Court Action Ahead Unauthorized cancellations will probably bring about a court action against exhibitors based on breach ot contract, distributors said. They of- fered the opinion that NRA is with- out authority .to disturb existing con- tracts and affirmed their belief that this view would be upheld by courts. M-G-M, Paramount, RKO, Warners and Fox were the five companies whose representatives asserted their disagreement with the NRA cancel- lation ruling at the last meeting of Lode Authority. Washington, Feb. 28. — Contending that the provisions of the code are adequate to support the ruling with respect to cancellations, officials of the NRA will deal with the situation arising through the reported refusal of producer-members of the Code Au- thority to accept Division Adminis- trator Sol A. Rosenblatt's ruling when occasion occurs, it was indicated today. It is pointed out that the code amends all contracts in existence when it became effective, so far as provi- sions contrary to the code are con- cerned, but does not terminate any such contracts, so that the cancella- tion clause may be applied to those contracts, as provided in Rosenblatt's ruling. Assents About 9,200 Code assents approximated 9,200 yesterday. A batch of about 100, in- cluding nearly 50 from individual Skouras theatres, was received. Who? What? When? Eighth instalment in a biographical series on the men who make up the code boards. Buffalo, Feb. 28. — Sydney Sam- son, representing affiliated national distributors on the Buffalo grievance board, is the Fox manager here and has been since Dec. 15, 1928. He was born in New York City, edu- cated in Public School No. 1, Town- send Harris High School and the City College of New York. He started as an office boy at General Film; was shipper, booker, salesman, assistant manager, Mecca Branch, New York, for Universal; later was state right distributor in New York for Foursquare Pictures and Mentor Scenics. In 1920 he opened the Upper New York State exchange, as dis- tributor for Harry Warner and Sam Grand, called Grand & Warner, dis- tributing Warners, Preferred, C. B. C. (predecessor of Columbia) with branches in Buffalo and Albany. Merging with Nu-Art, he developed Bond Photoplays, which distributed all independent product released up- state for several years. With nation- alization of Warners and Columbia, he left the state right field to become New Haven branch manager for Fox on Oct. 11, 1927. A year later he was transferred to Buffalo. Samson served three years as president of the Film Board of Trade. Jack L. Berkowitz, representing unaffiliated distributors on grievances, is the owner of the Standard Film Exchange with offices here and in Albany and also operates the Graphic Film Exchange, Detroit. He has been active in the industry for 20 years during which time he has consistent- ly adhered to his independence in dis- tribution. Berkowitz, too, is one of the original franchise-holders of Monogram. Berkowitz has been in precarious health for some time. William H. ("Bill") Cadoret, representing affiliated exhibitors on grievances, is very well known to film topliners in New York. He en- tered the business as owner of the La Petite Theatre, Kankakee, 111., in February, 1909, or almost 25 years to the day. Eventually, he gained control of the four theatres in that Illinois city and operated them until 1921 at which time he came East to join Comerford Theatres, Inc., as booker and buyer for its then 75 thea- tres. He has been an associate of Mike Comerford and Frank C. Walker since that time. The Comer- ford company interests recently took over the operation of the Century (2,250 seats) and the Regent (1,600) Publix theatres here. Together with the Capitol (1,800) which Comerford has had here for a number of years. Cadoret now is operating all three theatres as general manager. Jules H. Michael, representing unaffiliated exhibitors on grievances, has been president of the M.P.T.O. of New York, Western New York zone, for the last 10 years and has placed himself in the middle of prac- tically every exhibitor fight in this section for the last two decades. It was in 1906 that Michael got started at the Comique Theatre, Scollay Square, Boston, doing 18 shows daily with Mitchell H. Mark who, at that time, operated what was probably the first picture theatre in Bean Town. In 1908, Michael went to Cleveland where he interested himself with Mark in the operation of several picture and vaudeville houses. After dispos- ing of these properties, he came to buffalo in 1914 and became interested in the Academy and Regent here and was active in setting up arbitration under the Film Boards until the pro- cedure was legally ruled out. During the code hearings in Washington, Michael was present, championing the cancellation clause and optional arbi- tration. Currently, he is interested in only the Regent (950 seats ) which is an independent, unaffiliated theatre. Edward K. O'Shea, representing affiliated national distributors on clearance and zoning, is manager for M-G-M. This is his home town and the day of his birth Aug. 19, 1896. His education includes grammar school, Holy Angels and the Central High School here. O'Shea worked for the veteran Mike Shea at the Court Street Theatre, a vaudeville house, for four years and resigned to enter the army. When hostilities came to an end, he returned to Buffalo on the M-G-M sales roster. This was on May 10, 1919. He has been with Leo's cohorts since. On April 27, 1925, he was named branch manager at Albany and Buffalo manager on April 19, 1926. O'Shea served over- seas during the war and was serious- ly wounded in France. He is mar- ried, has two sons and one daughter, lists fishing, golf and contract bridge as his hobbies and is a former presi- dent of the Film Board of Trade. Dave Miller, representing unaf- filiated distributors on clearance and zoning, has been connected with Uni- versal for more than 20 years. He has been in and out of Buffalo several times and has served several terms as president of the Film Board of Trade, a position he now holds. He came to Buffalo from Philadelphia to join the Universal sales force and later became general manager of the "Big U" exchange in New York, a post which he held seven years. Re- turning to Buffalo, Miller was man- ager of the Universal exchange for three years, then was transferred to Cleveland in a similar post. His next job was Middle West district man- ager for Universal, with headquarters in Chicago. Two years ago he re- turned to Buffalo as Universal man- ager. Miller has a wife and daughter. His parents live in Cleveland, where Miller once was usher in a theatre managed by Jules H. Michael. Vincent R. McFaul, representing affiliated first runs on clearance and zoning, has been general manager of the Shea Theatrical Enterprises for about 10 years. Fresh out of school, he entered the employ of Mike Shea as box-office assistant in. the old Gar- den, a vaudeville house since discon- tinued. When the Court Street, a newer vaudeville house, was opened, he went there to take charge of the box-office. Later he became assistant manager of the Hippodrome ; then became manager of the Criterion, an- other house no longer existent, which Shea operated for a time and re- linquished. McFaul's next post was (Continued on page 7) Opinions Var On Boards ii Cincinnal (Continued from page 1) years of experience in dealing v all phases of industry problems, intelligently cope with any mat which may be brought before the I he preponderance of opii among independent exhibitors, hi ever, is tinged with considerable ti giving as to whether their best terests will be served and their pr lems considered entirely without i judice, especially in view of the merical balance of the personnel ing on the side of the affiliated pomtees, particularly in distribute The independents are not disgr; led, nor has any one of them gon< far as to accuse or even intimate any affiliated member of either be would be guilty of maliciously res ing to unfair tactics or chicane m ods, but the line of reasoning is t especially in matters of gre moment, affiliated members w naturally be more or less inclinei view the case more from a st; point of their own interests, ra than render a verdict which m conflict with or adversely affect 1 affiliations. They feel that the a ated connections might to a consi able degree influence their decisic On the other side of the picture fluential personalities with affili industry relations see the dawn new era in the setup of the boards, and, from a broader vi predict that when and as the be begin to function, their activities be highly constructive and the ii try at large thus relieved of r perplexing problems and situa which now exist unnecessarily. Authority to Subm Report at Capli (Continued from page 1) Johnston, George Schaefer and I * The group leaves here Sunday 1 and will meet Division Administfl Sol A. Rosenblatt in Washingtola Monday. They will attend the c£ ing sessions of the code author! forum in Constitution Hall, which be addressed by President Roos General Johnson and Donald berg, NRA general counsel. / noon sessions will be addresse representatives of the Labor, sumers' and Industrial Adv tj Boards of NRA. Delegations of the film id Authority will be assigned to i ti Monday _ night sessions of g 1 representing trade practices, cod I ministration and small enterprises* minorities. Code Authority meiO have indicated the greatest interlfij these three group sessions. On [ nesday, the delegation will after general conference of Code Au - ties with General Johnson in on tinental Hall, returning her. Thursday. I i Lichtman, Feist Hit Al Lichtman, vice-presider o United Artists in charge of di; bu tion, and Felix F. Feist, M-G-Jv srt eral sales manager, arrived in ,ft' York yesterday from coast jauj several weeks' duration. PYTHON CAPTURES BUCK! The above drawing is one of a series by the famous artist J. Clinton Shepherd, sketched from an actual "frame" in the film "Wild Cargo" There's no time for "stills" in a world full of thrills! The "man bites dog" story of newspaper tradition gets a new twist in the jungle when a 30-foot python attacks and captures Frank Buck, wrapping the man who brings 'em back alive in his death-dealing coils. Emergencies like this, however, are all in the day's work for this daring adventurer whose occupation is at once the most hazardous and fascinating of any man alive, for it seems that regardless of how many men penetrate the unknown world Nature saves her biggest thrills for Frank Buck. FRANK BUCK'S "WILD CARGO" Van Beuren Production RKO Radio Picture Directed by Armand Denis COMING SOON! MOTION PICTURE DAILY Thursday, March I, 1934 Cut in Shorts OutputLooked For Next Year (.Continued from page 1) featuring on short subjects sales is offered by the Chicago situation, where, according to reports, agitation for lifting the double feature ban in effect there for the past year is crop- ping up. Studies of this market reveal that with the city's dual ban elim- inated, approximately 300 theatres now using three and four shorts daily would reduce their bookings to an average of one short subject daily. This would account for a daily loss of play dates for an estimated 600 to 900 subjects. Code restrictions on the number of shorts a distributor may sell an ex- hibitor in relation to his feature pic- ture contract are held by both short subject producers and distributors to have no contributing effect on an indi- cated reduction of shorts next season. Usher and Cleaner Strike Is Averted (Continued from page 1) new wage scales "for those employes which the union actually represents." The circuits, Major Leslie E. Thompson of RKO said following the conference, would not agree to a "closed" shop and would continue to employ such non-union members as they saw fit. "We insist on the right to hire our own employes," Major Thompson said. "The managers, however, agreed again to meet with any labor organ- ization and negotiate for those em- ployes which the union actually repre- sents. However, we expressed doubts that Mr. Levey represented more than a small proportion of our employes, the great majority of whom, we feel, are happy and satisfied." Ben Golden, of the Regional Labor Board, acting on this expressed doubt of the circuit men, instructed Levey to submit membership lists of the local to him for examination. Newmeyer to England Fred C. Newmeyer, director, sailed for England yesterday on the Man- hattan under contract to British In- ternational Pictures. The deal was arranged between John Maxwell and J. D. Williams, acting as Newmeyer's agent. Newmeyer will attempt to put some American comedy slants into English production. Kan. Indies Ask Changes Kansas City, Feb. 28. — Important changes in the code were recom- mended in a letter sent to General Hugh S. Johnson today by the I.T.O. Nudist Suit Off Again Trial of the suit for an accounting of profits on "This Nude World," scheduled for yesterday in supreme court at Mineola, L. I., was post- poned to tomorrow. Caravan Breaks Up Kansas City, Feb. 28. — The "Moulin Rouge" Caravan disbanded here today after 28 days of traveling. Detailed Salary and Bonus Data Supplied the Senate Washington, Feb. 28. — Salaries and bonuses paid important executives by various film and allied companies, transmitted to the Senate by the Federal Trade Commission, follow in more detail : Columbia HARRY COHN Vice-President, Director Year Salary Bonus 1929 $127,000 $13,333 1930 141,166 1931* 189,333 1932 142,800 1933 145,600 JOE BRANDTj President, Director Year Salary Bonus 1930 $103,916 *As president and director, succeeding Joe Brandt. tNo longer with company. Consolidated Film Industries, Inc. HERBERT J. YATES President, Director Year Salary Bonus 1928 $52,083 1929 81,249 1930 75,000 1931 75,000 1932 75,000 1933 67,500 Eastman Kodak GEORGE EASTMAN Chairman of Board Year Salary Bonus 1928 $50,000 1929 50,000 1930 50,000 1931 50,000 1932 11,538 JAMES H. HASTE Director Year Salary Bonus 1928 $50,000 $7,743 LEWIS B. JONES Vice-President, Director Year Salary Bonus 1928 $50,000 $7,525 1929 50,000 7,337 1930 55,000 7,687 1931 55,000 8,037 1932 52,038 8,387 1933 49,500 FRANK W. LOVEJOY Vice-President, Director Year Salary Bonus 1928 $75,000 $9,537 1929 75,000 10,050 1930 75,000 11,100 1931 75,000 11,975 1932 70,961 12,500 1933 67,500 WILLIAM G. STUBER Vice-President, Director Year Salary Bonus 1928 $100,000 $13,650 1929 100.000 14,425 1930 100,000 15,475 1931 100,000 16,350 1932 70,961 16,875 1933 90,000 Fox WINFIELD SHEEHAN Vice-President, Director Year Salary Bonus 1929 $129,727 $20 1930 209,615 250,050 1931 269,647 100 1932 162,014 1933 250,000 JACK G. LEO* Vice-President, Director Year Salary Bonus 1930 $16,000 $500,000 * No longer with company. Loew's, Inc. NICHOLAS M. SCHENCK President, Director Year Salary Bonus 1928 $92,000 $183,132 1929 92,000 270,202 1930 92,000 357,538 1931 92,000 274,404 1932 87,725 133,328 1933 59,800 DAVID BERNSTEIN Vice-President, Treasurer, Director Year Salary Bonus 1928 $81,600 $109,879 1929 94,400 162,121 1930 94,400 214,523 1931 94,400 164,642 1932 90,720 79,996 1933 59,800 ARTHUR M. LOEW Vice-President, Director Year Salary Bonus 1928 $70,000 1929 78,000 1930 78,000 1931 78,000 1932 113,000 1933 155,500 /. ROBERT RUBIN Director Year Salary Bonus 1928 $88,400 1929 88,400 1930 88,400 1931 88,400 1932 88,810 1933 57,460 DAVID M. LOEW Vice-President, Director Year Salary Bonus 1931 $52,000 M-G-M LOUIS B. MAYER Year Salary Bonus 1931 $130,000 1932 124,625 1933 84,500 IRVING G. THALBERG Year Salary Bonus 1931 $208,000 1932 201,000 1933 135,200 /. ROBERT RUBIN Year Salary Bonus 1931 $88,000 1932 84,610 1933 57,460 The return filed by M-G-M showed that Mayer, Thalberg and Rubin received a 20 per cent interst in the company's profits under a partnership contract. Their share of the earnings in 1928 was $1,060,848. In 1930 they reached a peak of $2,212,889 and in 1932 dropped to $922,141. The salaries above were reported as additional. Paramount Publix ADOLPH ZUKOR President, Director Year Salary Bonus 1928 $130,000 $242,389 1929 130,000 757,500 1930 130,000 228.614 1931 112,618 1,000 1932 96,031 {Continued on page 7) Code Budget Hangs On Capital Ruling (Continued from page 1) variety of plans for assessing the in dustry to meet code costs as final i; determined by the budget. Each mem" ber will submit a report on the pLi assigned him for study at a late meeting of the entire committee. Frcn these reports the committee is ex pected to agree on a final plan t< submit to the Code Authority fo approval at its next meeting, Marcl 12. The basis on which all the plan under consideration will be final 1; judged will be the opportunity the offer of allocating code expens throughout the industry's thre branches in the same proportion i which the branches benefit from th code. Thus, the division of the in dustry considered to derive che mot from the code would bear the large1 assessment for its cost. The exhib tion branch is considered to benef most. The committee on local code boar selections met yesterday and will cor tinue to meet almost daily hereafu in an effort to complete the namin of the 10 remaining boards for Ne York, Boston, Philadelphia, San Frai cisco and Washington by March 1 ITOA Not to Sign; Hits Labor Term (Continued from page 1) count, embraces 307 theatres Greater New York, a few in Northei Jersey and Long Island, declares was promised the scale for New Yoi would be determined by arbitrate whereas it charges Local 306 with i sisting on a per-booth scale and d signs to put over two men in ea< booth. A brief on the stand w be submitted to Washington for ai ing when code authorities of codes foregather there on March A dinner to be held at the Ast on March 21 will witness formal duction into office of the curre slate. Harry Brandt is president; L Justin and Bernard Barr, vice-pre: dents ; Maurice Brown, secretar Hyam Rachmil, treasurer ; Char! Oppenheimer, sergeant-at-arms, a Louis F. Blumenthal, chairman of t board. Duals' End Menace, Is Golden* s Claii (Continued from page 1) "would create a monopoly for the pi duction of motion pictures by a chos few. It would cause the producti of less than 300 features a year, a that would create a monopoly. "The old law of supply and dema would then step in and exhibitc would be forced to pay such high fi rental that it would be prohibitiv Golden continued. "Exhibitors a not offset the overhead required the making and distribution of n tion pictures when limited to 300 ft tures a year," he said. Indie Leaders Join Code Critics Todc Washington, Feb. 28. — Abram Myers, Sidney Samuelson, Nath Yamins and Al Steffes will app< tomorrow at the meeting of NI, critics here to present their views the code and its effects on independ< exhibitors. *i Jjp&hliuikL 1 UpvU4f4Vt41 4irsday, March I, 1934 MOTION PICTUTR1 DAILY 'ho? What? When? (Continued from page 4) :nager of the Hippodrome. When ea's Buffalo was opened in 1926, became general manager of the iea Theatres Corp., a position he I since held. He ranks second only '.Shea as a champion commuter be- ~en New York and Buffalo. Like tea, McFaul is known widely joughout the industry. Many stars 1 the vaudeville and of the screen l(e at least a part of their success | McFaul's advice and encourage- Jnt. He has been in show business .out 30 years, all that time in asso- tion with the Shea enterprises. ,e Shea theatres, a Paramount part- rship, include four downtown Iffalo houses. These are the Buffalo 439 seats), the Great Lakes 024), Hippodrome (2,089) and the Intury (3,076). The company also ;rates these houses in the neigh- rhoods: the Bailey, Elmwood |600 seats), Kensington (1,366), «lrth Park (1,440) and Seneca ■ 7^0) ; the Bellevue (1,535) in :iagara Falls and Riviera (1,249) in J-rth Tonawanda. \ Charles Hayman, representing affiliated exhibitors on clearance S zoning, is a native of New York |i has been associated with every inch of the industry from its be- Sining. He began as a photographer, ,ng out to "snap" fires, ship land- 's3 etc., and selling them to New Irk exhibitors when Gaumont in ;.ndon and Pathe in Paris were the v dependable sources of film sup- • ' Later he had a portable projec- n machine and went about New Ck and New England putting on skvs in tents and halls. He was one - the bandits in "The Great Iram ilbbery," first feature film ever de, and helped direct it. He also ected Broncho Billy Anderson in . Person's first film. He toured the uthwest, exhibiting "The Great fain Robbery" under canvas, with l parade through each town, a la r ncle Tom's Cabin," preceding each 'ow. Later he had a string of him Changes extending from New York ! Buffalo. When the Edison mter- i s acquired its hold on patents, he I ■ out of production and distribu- n and acquired a chain of theatres y upper New York State. Later he imposed of these. He now operates lee houses, the Lafayette (2,999 Its) in Buffalo and the Strand 1061) and Cataract (1,434) m agara Falls. 3ol Raives, representing unaf- ated subsequent runs on clearance i zoning, started in the business in w York City in 1920 and operated string of five houses on the East le for 12 years. He was a vice- .":sident and later a president of the ,,eatre Owners Chamber of Com- jirce in that city for two terms, as ill as chairman of the New York fcy arbitration board for eight years. : is now operating the 850-seat mple in Fairport and the 1,000-seat alto in East Rochester as the Ro- ;• Amusement Corp. u "[rving L. Price, second exhibitor Presenting unaffiliated _ subsequent '-is on clearance and zoning, is vice- ':sident of the Aurora Building ■rp., which owns and operates the ! 4-seat Aurora Theatre in East irora, an independent theatre. He also treasurer of Fisher-Price Toys, Detailed Salary and Bonus Data Supplied the Senate (.Continued from page 6) 1st JESSE L. LASKY* Vice-President, Director Year Salary Bonus 1928 $130,000 $242,389 1929 130,000 751,500 1930 130,000 228,614 1931 112,618 1,000 SIDNEY R. KENT** Gen'l M'g'r., Director Year Salary Bonus 1928 $104,000 $193,911 1929 104,000 606,000 1930 104,000 183,091 1931 90,368 1,000 SAM KATZ*** Director Year Salary Bonus 1928 $104,000 $193,911 1929 104,000 606,000 1930 104,000 183,001 1931 90,368 1,000 1932 78,392 RALPH A. KOHN Director, Treasurer Year Salary Bonus 1928 $45,500 $57,809 1929 52,000 303,000 1930 52,000 92,045 EMIL E. SHAUERf Ass't Treasurer, Director Year Salary Bonus 1928 $65,000 1929 65,000 1930 48,750 ELEK J. LUDVIGHn Secretary, Director Year Salary Bonus 1928 $78,000 1929 78,000 1930 78.000 1931 68,110 EMANUEL COHEN Vice-President, Director Year Salary Bonus 1932 $78,142 $95,000 HERMAN WOBBERm Director Year Salary Bonus 1928 $52,000 1929 52,000 1930 52,000 ALBERT A. KAUFMAN Ass't Sec'y, Treasurer Year Salary Bonus 1928 $52,000 1929 52,000 1930 65,000 1931 56,993 JOHN HERTZfftf Chairman, Finance Committee and Director Year Salary Bonus 1932 $97,055 HARRY M. GOETZmtf Assistant Treasurer Year Salary 1930 $52,000 Bonus * Now producing for Fox. ** Now president of Fox. *** No longer with company, t Deceased. tf No longer with company. Practicing law. ttt Now with Fox. tttf Now with Lehman Bros, ttttt Now head of Reliance Pictures. The company listed no salaries for 1933. The report states that "due to bankruptcy no salary payments are being made out of funds of Paramount Publix Corp." Radio-Keith-Orpheum HIRAM S. BROWN* President, Director Year Salary Bonus 1929 $75,000 $60,826 1930 75,000 97,697 1931 100,000 520 1932 80,000 440 No longer with company. Universal Year 1928.. 1929.. 1930.. 1931.. 1932. . 1933.. CARL LAEMMLE President, Director Salary $132,000 181,500 Bonus 156,000 156,000 156,000 Warners Renraw, Inc. By agreement dated Sept. 1, 1928, with Renraw, Inc., the serices of the H. M., A. W. and J. L. Warner were engaged for six years at $10,000 per week and the agreement provided that the War- ner brothers would not directly or in- directly engage in any competitive busi- ness during that period of time, and in consideration of the foregoing given 15,000 shares of Warner Bros. Pictures, Inc., common stock outright and 75,000 shares per year provided they lived. Year Salary Bonus 1929 $520,000 1930 520,000 $10,000 1931 486,916 465,000 1932 376,497 120,000 1933 280,575 SAM E. MORRIS Vice-President Year Salary Bonus 1929 $49,000 $2,000 1930 73,500 3,240 1931 89,138 240 1932 76,199 160 1933 70,249 Annual salary in effect Sept. 1, 1933 $72,335. A. C. THOMAS Sec'y, Director Year Salary Bonus 1930 $65,000 $1,490 1931 77,250 240 1932 81,681 160 1933 98,949 HERMAN STARR Vice-President Year Salary Bonus 1930 $52,000 $2,000 STANLEIGH P. FRIEDMAN Attorney, Director Year Salary Bonus 1930 $52,000 $1,000 1931 49,138 240 IRVING D. ROSSHEIM Director Year Salary Bonus 1929 $92,089 $240 1930 1,923 131,000 Rossheim was formerly a president of Stanley Co. of America. Inc., a director of the Erie County Trust Co., and for six years chair- man of the East Aurora board of education of which he has been a member for the last 12 years. Price is a member of the M.P.T.O. of New York, Western Zone, and had no ex- perience in the industry prior to 1926. He is well known as an au- thor, goes in for walking trips in Europe annually, accompanied by his wife who is a well-known artist. He is also general manager of the Roy- croft establishment in his city. Staggering Grosses Wherever Played! I Clark GABLE Claudette COLBERT J Together for the First Time "It Happened 1 One Night" | Walter Connolly • Roscoe Karns | From IHe Cosmopolitan Magazine Story by Samuel Hopkins Adams :i Screen play by ROBERT RISKIN * ; I Biggest opening day in the | history of Radio City Music Hall! | Broke the house record at J Keith's, Washington, D. C.I \ Broke the house record at the Bijou, Springfield, Mass.! J Broke the 2-year record at | the Rcxy, Seattle, Wash.! Breaking records at Keith's, Syracuse, N. Y.! Double business at Loew's, | Hartford, Conn.! } Triple business at the Or- pheum, St. Paul, Minn.! Triple business at the Or- pheum. New Orleans! Double business at Keith's, Lowell, Mass.! I FRANK CAPRA Production > Dh ected by the man u ho ■ated -LADY FOR A DAY" ME GOOD PICTURES PERFECTLY PHOTOGRAPHED 3 -^CENTER Du Pont Film Manufacturing Corporation 35 WEST 45th STREET, SMITH & ALLER LTD. NEW YORK CITY 6656 SANTA MONICA BLVD. PLANT • • • PARLIN.N.J. HOLLYWOOD CA L. THECfflSDTRADE MARK HAS NEVER BEEN PLACED ON AN INFERIOR PRODUCT The Leading JNewspajpei| of. the MotiJ||| Picture Industry MOTION PICTURE DAILY Alert, Intelligent Faithful Sirvi|e|p#J the Industry in All Branches )L. 35. NO. 50 NEW YORK, FRIDAY, MARCH 2, 1934 TEN CENTS lembusch Suit lismissed in 'ederal Court :tion Taken Following Agreement of Counsel [Tie Frank J. Rembusch anti-trust t against major companies and the P.P.D.A. was dismissed yesterday Judge Alfred M. Coxe on motion Max D. Steuer, attorney for the endants, following an agreement ched in chambers with counsel for plaintiffs. Dismissal of the action was necessi- id by the admitted insanity of Rem- .ch, former Indianapolis exhibitor, ich made it impossible to obtain testimony, according to Weed & ndler, of counsel for Rembusch. (Continued on page 4) arn $4,704,950 in Period of 6 Years Nicholas M. Schenck, David Bern- in and Arthur M. Loew, serving as cers of both Loew's, Inc., and G-M, earned $4,704,950 in salaries 1 bonuses in the six years from £ to 1933, according to figures hered by the Federal Trade Com- ;sion and submitted to the Senate in ishington. Schenck's six-year salary from (.Continued on page 11) ore Seeks 80% Tax Over $75,000 Mark Washington, March 1. — Imposition an 80 per cent tax on salaries in ex- . s of $75,000 per year was proposed iterday by Senator Gore of Okla- na in an amendment to the pend- ; tax bill which he will introduce en the measure comes up in the nate. The proposal resulted from \ salary report of the Federal Trade ^mmission made public Tuesday. ranklin Lines Up Initial Production ndicating plans are getting along to er the field as a producer on his n, Harold B. Franklin has pur- (Continued on page 11) Vitaphone's Plea Denied In Erpi Case Delaware Suit Expected To Take New Tack Wilmington, March 1. — Vita- phone's motion for reargument in its action against Erpi was denied in the Supreme Court at Dover today. Two weeks ago Vitaphone asked the court to hear a reargument of Erpi's ap- peal, seeking a modification of the opinion handed down in favor of Erpi which required that the case go back to arbitration. In the original action Vitaphone brought a suit in Chancery against Erpi claiming royalties. The court overruled the plea filed by Erpi con- tending that the state court did not have jurisdiction and ordered Erpi to file an answer. Erpi appealed to the state court at Dover which over- (Continued on page 4) Recruits? H. J. Yates, W. Ray John- ston and Harold B. Franklin were visitors at the Biograph studio this week. Unplayed Shorts Selling Problem The increasing number of unplayed short subjects which remain on con- tracts at the end of every season was cited yesterday as a major influence behind the consideration being given by several large producers to curtail production next season. A reduction of approximately 400 shorts in next season's schedules, as compared with the current one, is indicated at this time. It was pointed out by sales execu- (Continued on page 11) New Deal for Club Set, Nizer States Sufficient new members to effect a reorganization of the M. P. Club and assure its continuance have been ob- tained, it was stated yesterday at a luncheon addressed by Will H. Hays and Louis Nizer, who outlined plans for the club's future. Complete financial reorganization of the club has already been effected, Nizer said. A lease on the club quar- (Continued on page 4) U. S. Statistics Soon On Amusement Field Washington, March 1. — Initial figures showing the effect of the de- pression on the amusement industry (Continued on page 11") First in Albany Albany, N. Y., March 1.— Official personnel of the Al- bany code boards was flashed and received by the trade here through Motion Picture Daily. Reports Vary On Code Setup In K. C. Area Kansas City, March 1. — While the general reaction to the code boards' personnel for this territory is favor- able, unaffiliated exhibitors make no secret of their feelings that the setup, particularly of the grievance board, fails to give them a break. Unaffiliated exhibitor members of the boards, and independents gener- ally, fear that the balance of power is with the major distributors and af- filiated theatres. The four unaffiliated exhibitor rep- resentatives hold this view, but say "they hope for the best." Also, they find some consolation in the fact there will be a disinterested member from outside the industry who will vote in case of a tie. The unaffiliated exhibi- (Continued on page 9) Buffalo Men Like Code Board Setup Buffalo. March 1. — General ap- proval of the grievance and clearance and zoning boards in Buffalo is ex- pressed in statements of responsible distributors and exhibitors, who arc- not included in the personnel. Arthur Michaels, who operates the Allendale, independent second run in Buffalo, says : "I think they selected the best men (Continued on page 8) Complaints Piling Up for Cincy Board Cincinnati, March 1. — Statements of exhibitors, especially independents, indicate the grievance board for this territory apparently will not lack ac- (Continued on page 8) Chicago Boards Get Saper stein Approval Chicago, March 1. — Allied of Il- linois, speaking through its president. Aaron Saperstein, views with satis- faction personnel of the Chicago code (.Continued on page 8) Board Shifts Prepared for By Authority Need of New Alignments Not a Surprise Necessity of making shifts in the personnel of announced code boards, actual and impending, caused no sur- prise to Code Authority where chang- ing alignments in the field are recog- nized as making essential alterations in appointees originally named. Several already have developed and probably there will be more. John Elliott of Lexington, Ky., now veri- fies reports that he will not serve on the Cincinnati grievance board. Re- cent transfer of Ben Kalmenson, for- mer Pittsburgh manager for War- ners, to the theatre department in that city, succeeding Frank Damis, who has been returned to Northern New Jersey, is another case in point. In Kansas City, illness of Lawrence (Continued on page 9) Columbia and "U" Silent on Ruling Universal's and Columbia's stand on the NRA ruling that the 10 per cent cancellation provision of the code ap- plies on contracts made prior to Dec. 7 remained unstated yesterday. M-G-M, Paramount, RKO, Warners (Continued on page 8) Boards for 3 More Cities Said Named With Washington, Philadelphia and San Francisco code boards reported completed, the Code Authority com- mittee on nominations adjourned yes- terday until March 9, at which time the committee expects to complete the (Continued on page 8) Allied Guns Fail to Pop in Washington Washington, March 1. — The an- ticipated onslaught of Allied interests against the code at the "criticism" (Continued on page 8) Who? What? When? Ninth instalment of the biographies of the men who make up the code boards ap- pears on page 8 today. MOTION PICTURE DAILY Friday, March 2, MOTION PICTURE DAILY (Registered U. S. Patent Office) Vol. 35 March 2, 1934 No. 50 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. Clifford, manager; London Bureau: 6 Brookland Close, Hampstead Garden Suburb, Bernard Charman, Representative; Berlin Bureau: Berlin-Tern - pelhof, Kaiserin-Augustastrasse 28, Joachim K. Rutenberg, Representative; Paris Bu- reau: 19, Rue de la Cour-des-Noues, Pierre Autre, Representative; Rome Bureau: Viale Gorizia, Vittorio Malpassuti. Representative: Sydney Bureau: 102 Sussex Street, Cliff Holt, Representative; Mexico City Bureau: Apartado 269, James Lockhart, Representa- tive; Glasgow Bureau: 86 Dundrennan Road, G. Holmes, Representative; Budapest Bureau: 11 Olaaz Fasor 17, Endre Hevesi, Representative. 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. Ampa Begins Fight On Star Reviewing The Ampa yesterday went on record in opposition to -star rating of reviews and appointed Ben Atwell of Colum bia chairman of a committee, to be named, to check and ascertain the best method of pushing the opposition. Plans also were discussed to give John C. Flinn, Ampa president, a din ner sometime in April. According to the by-laws, nominations for a new slate are to be made the third Thurs- day in March and the election the third Thursday in April. Chief objection on star ratings re volves around the New York Daily Neivs and Liberty Magazine. MOTION PICTURE ALMANAC 1934-35 A/O W /A/ PAfMAA T/OA/ WHERE THE WORLD LOOKS FOR MOTION PICTURE mice PLENTY of reason to believe that the key men of the business have been lined up — seriously — in support of the re- juvenated, resuscitated and re- vived Motion Picture Club. Louis Nizer has been on the idea for several months, was re- tarded from making faster prog- ress while Will Hays was in Hollywood, resumed the cudgels again when Hays returned a handful of days ago. Picked with its central location very much in mind, the club started in '29 with much flourish and fan- fare, held its own for quite a while, ran into the depression and has been staggering since then. T One of the reasons why the club has floundered, after ruling out the depression and salary cuts, undoubtedly was the failure of your most persistent headline names to attend. The most con- sistent in point of performance was Harry M. Warner ; then he stopped. A real handicap in that direction long has been an inabil- ity of the board of governors to keep persistent members off the necks of visiting bigwigs. On the rare occasions when the big men did show up, someone invariably button-holed them for an appoint- ment or attempted to interrupt the business of eating with the business of pictures. No effec- tive way of killing such a prac- tice has developed, unless it might be summary dismissal for any- one caught in the act. . . . T However, there is no substan- tial reason why the club should not prosper. There is no reason, too, why the many men in New York who gather at the Astor, the Tavern and elsewhere should not foot it to the Bond Building and give what was designed as, and is, their own club a break. Indic- ative of the new order is a plan, brewing now, to put into the president's chair a very well- known and equally well-liked executive. His name ought to draw 'em in. . . . T Roxy probably will light in some of the RKO theatres in that 25-week barnstorming tour of his. That's broadmindedness for you. ... Tip to M.P.T.O.A. leaders who say they are expect- ing action by Ben Berinstein's I.T.O. of Southern California in affiliating with the national M.P.T.O.A. at convention time in Los Angeles: Berinstein's or- ganization voted to affiliate some time ago. ... A film man's tribute to J. J. McCarthy on his work in cleaning up advertising : "It's getting so you have to go to the foreign film papers for a glimpse of a Hollywood navel." T It may be by fall and it may be sooner than that when Para- mount is shooting a feature a month at Eastern Service Stu- dios. Fox may be the second to match that schedule here. . . . Have any exhibitors told you how nice it is to be located in a terri- tory involved in a rental price war between two newsreels? They say it makes it possible to book fresh releases for $10 that used to cost $50 and up. . . . KANN i Purely Personal PHIL REISMAN, general exp manager for RKO, is on his •* back to this country on the Berenga; Ambrose S. Dowling, who w abroad with him, is staying in L don as European manager. Walter Eberhardt slipped all way to Scarsdale station from the per reaches of the town the ct morning. Walt Disney will be interview over WEAF at 10:30 Sunday ri on a coast-to-coast hook-up. 1 will be his first appearance on the Focion Soto, who came to >| York to handle a deal between R< and Cine Colombia, sailed yester on the Colombia. Howard S. Cullman, receiver the Roxy, leaves tomorrow for a day vacation in Bermuda. Eddie Ugast, manager for Ur Artists in the Philippines, is 1 To Screen Jerome's Life Robert T. Kane is to produce Ray Long's life of William Travers Jerome, who died recently, for Fox. Long will make his own adaptation. Monte Brice to Coast Monte Brice left for the coast yes terday to complete work on his origi nal story, "Benefit Performance." He expects to remain there a month. Pathe UpY2on Big Board High Low Close Columbia Pictures, vtc 2354 23% 23% Consolidated Film Industries 4% 4% 4% Consolidated Film Industries, pfd 16% 15% 16 Eastman Kodak 90 89% 90 Fox Film "A" 15^ 14% 14% Keith-Albee-Orpheum, pfd 25 25 25 Loew's, Inc 31% 30% 31% Loew's, Inc, pfd 89% 89% 89% M-G-M, pfd 22 22 22 Paramount, cts 5JA 4 5 Pathe Exchange 3% 3% 3% Pathe Exchange "A" 20% 19 20% RKO 3% 3% 3% Warner Bros 7 6% 7 Technicolor Off V2 on Curb Technicolor High Low Close . 9% 9 9% Pathe Bonds Lose iy2 High Low Close General Theatre Equipment 6s '40 9% 9 9% General Theatre Equipment 6s '40, ctf 8% 854 8% Loew's 6s '41, ww deb rights 95% 95% 95% Paramount Broadway 5%s '51 36% 36% 36% Paramount F. L. 6s '47 45% 45 45% Paramount Publix 5%s '50 47 45 47 Pathe 7s '37, ww 94 92% 92% RKO 6s '41, pp 35 35 35 Warner Bros. 6s '39, wd 55 53% 55 Net Change - % - % - % - % - % + % + % - % -% + % + % +1% + % + % Net Change - % Net Change + % - % + % Sales 100 400 600 400 1,100 500 11,800 100 100 18,500 14,700 15.800 6,100 3,700 Sales 1,200 Sales - % +1% -1% R. C. Richards Dies New Orleans, March 1. — Ru Clyde Richards of Bay St. L Miss., circuit operator, has pa away at Covington, La., where he' spent the past six months becausj ill health. He was 43. Richard; survived by a widow and an ir son; four brothers, E. V. Rich: Charles E. Richards and James Richards, of New Orleans, and F erick M. Richards of Shreveport, five sisters, Mrs. Frederick G. Dj and Mrs. Lauch Freeman of Bennl ville, S. C; Mrs. W. G. Home, Rocky Mount, N. C; Mrs. P.j Johnson and Mrs. Talmadge Ti:| of Shreveport. Richards was a native of Wilnl ton, N. C. The body was brougL New Orleans for funeral services Hawkins to Coast Stanley Hawkins, assistant to I Glennon who runs the Eastern Se Studio, leaves for Hollywood day to become general manage the General Service Studio, forn the Metropolitan lot. Erpi ope the West Coast plant as well. Rodemich Funeral Tot 1 Funeral services for Gene Rode 1 will be held this afternoon fron j home at 14 Green Haven Rd., Lii mont. He died Tuesday nigh i Medical Arts Sanitarium of til monia and is survived by his w and two children. Meeting Postponed Scheduled annual directors' me of RKO Radio Pictures was not yesterday, but is down on the call for this afternoon. Snow Socks K. C. Kansas City, March 1. — A tef snowstorm and zero weather! grosses considerably over the \l end. 27 18 Shows Out, Duals I Detroit, March 1. — The Sta dropping stage shows and goir for a first-run policy of double : tures Friday. MEWS OF P ►Ik IEVIEW - DANBURYITES COME BY SLEIGH in sub - zero weather to help ring up four - times - average opening figures at Con- necticut test premiere of 'As The Earth Turns.'* Ah 'WONDER BAR' TOPS ALL previ- ous Warner musi- cals by average of six percent at N. Y. Strand premiere ! ° ± %'■ ' '"• / mi MOVIE MEN START migration to Warner Exchange cities for next Tuesday's Na- tional Trade Show- ing of 'Harold Teen'* and other spring product. ROBINSON SCORES holdover at N. Y. Rialto with 'Dark Hazard ,' 0 which Daily News calls 'sure bet'. LION PUTS HEAD IN JOE BROWN'S MOUTH —and claws in star's shoulder— as Warners crowd 'Sawdust' with circus thrills.0 STUDIO STARTS work on Dames,' first Keeler- Powell star vehicle, with Buz Berkeley numbers.* *A Warner Bros. Picture fA First National Picture Vitagraph, Inc., Distributors MOTION PICTURE DAILY 4 Vitaphone's Plea Denied In Erpi Case (Continued from page 1) ruled the chancery decision, holding that Erpi's plea was good, if proven, and that the lower court had erred in ordering the defendant to file an answer. It is understood that within a short time counsel for Vitaphone will file a replication to its plea in chancery calling upon Erpi to submit proof of the facts set up in the plea. In the plea Erpi had contended that under the arbitration covenants be- tween the two companies all disputes would have to be submitted to ar- bitration in New York and that after four years of arbitration at a cost of about $1,000,000 Vitaphone sudden- ly withdrew and filed the court ac- tion in Wilmington. Vitaphone, it is understood, will call upon Erpi to submit proof of its contention that ar- bitration had not broken down. Writers* Guild Alters Code of Operations Hollywood, March 1. — Screen Writers' Guild by a vote of three- quarters of the membership today adopted a revised code of working values, excepting Article 12, which makes it possible in case of a strike to prevent studios from signing im- portant writers to contracts and elimi- nating them from joining their fellow members in any group action. The executive board has also been given the right to limit members to signing contracts beyond a named date. This does not affect any con- tracts signed now or in the future until the board issues such an order. Even after the order is issued mem- bers may sign contracts if they con- tain a clause to the effect that the contractual members may walk out with his fellow guild members in case a producer is declared unfair. Grievance Rules Ready Rules of procedure for grievance board hearings were completed yester- day by the Code Authority committee on manual and are now being printed. The committee expects to have com- pleted the rules for clearance and zon- ing boards prior to the next meeting of Code Authority March 12. To Tone "Bottoms Up" Hollywood, March 1. — In compli- ance with the request of the Hays office Fox is toning down parts of the "Bottoms Up" which were found ob- jectionable by a jury consisting of Emanuel Cohen, Jack Warner and Harry Cohn. Joe Rivkin to Coast Joe Rivkin, of the Leo Morrison office, is flying to the coast over the weekend, to be gone about a month. While there, he expects to close deals with at least five stare for personal appearances on Broadway. Start Script Service Mo Wax and Ronald Bank have organized a unit to prepare completed scripts for producers from novels and plays. New Type Hal Home, still confined to his quarters at the Park Cen- tral, cracked yesterday he was looking for a due bill at Campbell's. Union Head Charges Ushers Intimidated Complaints that Loew's and RKO "intimidated" employes by allegedly requiring "loyalty pledges" of ushers and cleaners are being made to the National Labor Board at Washington by Local 118, Theatre and Amusement Employes Union, Charles C. Levey, secretary-treasurer of the local, said yesterday. Levey charged that the circuits mis- represented the union's aims in meet- ings of employes called late Wednes- day, following conferences at the NRA Regional Labor Board here at which the circuits agreed to engage in collective bargaining with the local on behalf of employes who were mem- bers of it. Levey said yesterday that he would decline to meet with circuit representatives until his intimidation charge has been settled. He will ask for a hearing on this before the Na- tional Labor Board on March 9, he said. Levey declared that the local would not call a strike unless advised by the ational Labor Board that it could take no action on his present complaint. Frustrate Plan to Unionize 1st Runs Kansas City, March 1. — Attempts to organize employes at downtown first runs here were frustrated when the managers learned of the move and fired the would-be organizers. Two ushers lost their jobs. Some of the ushers are burning be- cause the code provides a minimum which is lower than the salary they have been getting. They charge major circuit theatres with ousting ushers in order to employ new men at the code minimum. The theatres deny this Is the case. One manager explained that, whereas the code sets a minimum of 25 cents per hour for a 40-hour week, or $10 a week, he is still paying ushers who were employed when the NRA blanket code went into effect $14.50 per week, the prescribed minimum in that code for Kansas City. The average wagf for ushers in Kansas City is said "to be $12 a week. Operators in Frisco May Ask Arbitration San Francisco, March 1. — Unless theatre owners reach a decision this week on the operators' demand for restoration of pay cuts the union will demand immediate arbitration, accord- ing to F. M. Billingsby, business agent. Theatre owners discussed the de- mand at the office of the California Theatre Ass'n. this week, but no con- clusions were reached, according to Irving C. Ackerman, president. Casino Change Soon The Casino, formerly the Earl Carroll, will go into a first run pic- ture and vaudeville policy in about 10 days. Louis F. Blumenthal will operate. New Deal for Club Set, Nizer States (Continued from page 1) ters which called for an annual rental of $24,000 and had nine years to run has been cancelled in favor of a new one which provides for payment of rent only in the event of a club sur- plus after payment of all expenses ; the payment, in any event, not to ex- ceed $12,000 annually. An item of $17,000 on which the club was in ar- rears has been canceled by the land- lord. The surplus over the first $12,000 for rent will be used to amortize a bond issue of the club. Dues have been reduced and an initia- tion fee eliminated. The club has been offered $10,000 a year for broadcasting rights to Tuesday forum programs, Nizer said. These programs will feature outstand- ing speakers and will be resumed on a semi-monthly basis in the near fu- ture. New officers are being selected for appointment. Ned E. Depinet of RKO is being sought for president, it was learned. Addressing the luncheon, Hays paid tribute to the outgoing officers and asked for industry support of the re- organized club as an "essential forum at which members of the industry may meet and solve mutual problems, com- mon to each other and to the in- dustry." On the dais at yesterday's luncheon, in addition to Hays and Nizer, were Jack Alicoate, chairman; H, J. Yates, Jules E. Brulatour, Eugene Zukor, Jack Cohn, Felix F. Feist and Lee Ochs, the outgoing president. FWC Trustees Agree On $100,000 Repairs Hollywood, March 1. — Trustees of Fox West Coast have agreed to spend $100,000 in the next six months on al- terations and improvements, including new seats and marquees for various circuit houses in Southern California. Under the new deal covering the Hollywood Pantages, a new company known as the Hollywood Pantages Theatre Corp. is to be formed, giving Pantages 50 per cent of the stock with West Coast holding the rest and dictating policy. A loss of $48,000 advanced by F. W. C. to Pantages since the former joined the present operators will be written off. Levy Off Tomorrow For Coast Meeting Jules Levy, RKO general sales manager, leaves for the coast tomor- row to visit the studio. While there, he will hold his annual pre-season conference with production executives and will conduct a western sales con- ference. Harry Cohn, western sales mana- ger, and the following branch mana- gers are scheduled to attend : J. H. Ashby of Denver. N. P. Jacobs of Los Angeles, M. E. Corev of Port- land, T. J. Walsh of Salt Lake, G. Win. Wolf of San Francisco and E. A. Lamb of Seattle. Denies Booking Roxy Loew's is not booking Roxy and his gang, declares L. K Sidney, head of the production department. Sidney says he is not negotiating for the act. and all bookings for the Loew circuit are made through its own booking agency. Friday, March 2, 19; Rembusch Sui Dismissed ii Federal Cour (Continued from page 1) Without his testimony, it was sa plaintiff's attorneys would be unal to link up damages to Rembusch w a conspiracy on the part of the ( fendants, even though such a cc spiracy as charged in the suit v.< proved. Kembusch Enterprises withdr from the action as a plaintiff for same reason on Wednesday, leavJ Capitol Amusement Corp., in wh Rembusch owned a half interest \vj W. H. Woodsmall, as the only pla tiff remaining. Efforts of the plal tiff's attorneys yesterday to link j damages to Woodsmall with the leged conspiracy failed, resulting! the agreement to dismiss. No apd will be taken, Weed & Candler stal Judge Coxe denied a motion of I defendants for extra allowances compensation growing out of the s The Rembusch action had been the Federal court calendar for rr than three years. It sought aggref triple damages of approxima $2,000,000, and was in its third u of trial here. Publicity Writers Shifted at Studi Hollywood, March 1.— Frank I and Barney Hutchinson have resig from the Paramount publicity dep ment. John Miles, formerly I Fox, has been signed to take Pc place. Other reorganization of the dep ment has Lance Heath handling Rufus Blair handling national p contacts and Len Boyd planting. Pat Patterson, formerly with V ners, has joined the Fox publ department, handling part of the pi ing and units. Al Parmenter will I die the Jesse L. Lasky unit, rece vacated by Miles. Goldwyn Aims Bla At Dickstein h Samuel Goldwyn says actors be at the doors of Congress "as for doles" if the Dickstein bill a at the entry of foreign talent is pa "Producers depend upon for revenue," asserts Goldwyn. "If bill is passed," he says, "coun abroad will retaliate. Every ( country is trying to help the filn dustry, but this country figures and means of hurting it." American jobs would be curt instead of increased by the passaf the measure, he said. Fox and Bow Tryin To Agree on Stt Hollywood, March 1. — Fox I Clara Bow are still trying to M out their differences. Clara hasH seething ever since Fox assfl Ketti Gallian the starring ro™ "Marie Gallant" which was origiM purchased for Bow. With her coral calling for an "okay" on stI< I URt DAILY leports Vary )n Code Setup In K. C. Area (Continued from page 1) irs anticipate numerous divisions of ual strength inspired by business iliation that will make participa- «n by the impartial member neces- r> ■ Disappointment over the grievance sard is expressed by Jay Means, ard will deal with small operations a large extent and that most of " e grievances will come from small wns out in the territory. For this ason, while nothing is held against r ehman personally, and he can be ex- acted to render fair decisions, it is • It that he is handicapped as a mem- ; i of grievances, because all of his ng experience has been in metropoli- n centers. For a long time he has ten RKO theatres manager in Kan- .s City. An exchange executive who innot be quoted has suggested that ehman be placed on the zoning board id Elmer C. Rhoden, Fox Midwest vision manager, switched from zon- g to Lehman's position on griev- ices. : Rhoden is familiar with small town id small theatre operations, and has sen a distributor as well as exhibitor. . oning is primarily a Kansas City -oblem and concerns out of town try little. Because of illness, it is possible that ehman will ask to be excused alto- ether. Many exhibitors and distributors iprove of the setup. William War- er, branch manaeer of Warners, ex- "essed the sentiments of the maiority .pped for reactions when he said that "egardless of affiliation, the members *e honest enough to render just and 3od decisions." • C. A. Schultz, president of Com- onwealth Theatres, unaffiliated cir- uit, gives the board personnel his amp of approval. Allen Burke, Majestic franchise I older, saw no objection to any one 4i the boards, but added that he anted to await the boards' perform- nce before passing judgment. Washington, March 1. — Protests f Kansas City independents against ie 10 per cent elimination clause and tbor provisions of the film code are xpected to be met by Recovery Ad- Who? What? When? (.Continued f zoning, was in the oxygen business before he became affiliated with Bala- ban & Katz in 1924. However, he formed an attachment for show busi- ness when, as a youth, he was a rec- ognized violinist playing theatre en- gagements. Immerman played the fiddle for Sam Katz when the latter was operating the old Illinois the- atre. He joined B. & K. as assistant manager of the Chicago and later was made manager. While with B. & K. he opened the Michigan in Detroit, where he spent two years. For a while he was the operating head of the Lub- liner & Trinz circuit and about a year ago was made vice-president and gen- eral manager of B. & K., which post he now occupies. Immerman is 42 years old, married and the father of two boys. Jack Rose, representing unaffiliated exhibitors on clearance and zoning, is a veteran in the business. He was born here on May 23, 1897, and grad- uated from the University of Chicago with a Ph.B. degree in 19 . Prog- ressively, he has been clerk, stenog- rapher, private secretary, in the navy during the war, and accountant. In the film business, he was an assistant branch manager for Selznick Pic- tures, ditto with Film Classics of Illinois, ditto with Warners, then a salesman for Warners and for a time associated with James Coston as film buyer for the Coston booking circuit. When Warners took over the Coston string Rose formed his own booking and buying exchange. He now books the following Chicago houses through the Jack Rose booking circuit ; Cameo (654 seats), E.A.R. (890), Englewood (1,282), Gaiety (759), Independence (566), Kimbark (688), Linden (780), Lucile (299), Montclare (1,200), Na- tional on 62nd st. (750), New Home (299), Palace (400), Panorama (653) and Owl (944). He operates the following on his own : Gaiety (759), Chicago; Jefferson (1,200), Indiana Harbor, Ind. ; Bucklin (900), and Warners (2,200), in Elkhart, Ind.; Viv (250), and Indiana (1,200), Indiana Harbor, Ind, and Capitol (750) and Hoosier (1,500), Whiting, Ind. Jack Miller, representing subse- quent runs on clearance and zoning, had his first taste of the amusement business in a penny arcade in Buffalo and later at the Pan American Expo- sition. From 1908 to 1915 he was business agent of the Chicago opera- tors' union and has since been a recog- nized leader in labor affairs affecting the industry. Heopenedhis firsttheatre, the Plaisance, in 1914, and now oper- rom page 8) ates six houses in and around Chi- cago. In 1924 Miller was elected president of the Chicago Exhibitors Ass'n, which post he has held ever since. The association numbers 18 in- dependent theatres and circuits for a total of 125 houses, foremost among the circuits being B. & K. Miller is chairman of the labor board of the M.P.T.O.A and also a member of the executive committee of that organi- zation. He has been prominently identified with NRA and the code labor activities in recent meetings in Washington and New York. Miller operates a theatre partnership as Simansky and Miller. Their houses are: Lindy (500 seats) and Savoy (400), in Chicago; Park (1,200), in Forest Park, and Lido (2,000), in Maywood. Aaron Saperstein, representing unaffiliated subsequent runs on clear- ance and zoning, has run the gamut of picture experience with the excep- tion of acting. Starting as an errand boy for the Globe Film Exchange. Saperstein went through the exchange end of the business from inspector, receiving clerk, booker, salesman, as- sistant manager and what have you. If licking postage stamps can be con- sidered a part of the exchange busi- ness, Saperstein did it. He was about 14 years old when he broke in. After leaving Globe he joined Mutual as assistant manager and wound up as general manager here. Then he de- cided to try his own wings and oper- ated an independent exchange for two years, from which he branched into the exhibition end at a theatre now occupied by the site of the Chicago Stadium. As an exhibitor he exposed himself to organization work with the result that his theatre holdings have dwindled to two, the Lexington (650 seats) and the Avon (762), but he was recently elected to his fifth term as president of Allied Theatres of Illinois. Before Allied was born and claimed him, Saperstein was treasurer of the local exhibitors' association, now headed by Jack Miller. He is identified with several posts in the national Allied organization. A few years ago he threw the gauntlet at the operators' union, which resulted in a theatre shutdown, bombings that drew nation-wide publicity and an after- math of victory for Saperstein. That resulted in the greatest testimonial dinner in local history, with not only circuits, but prominent city officials as well participating. Judge Hugo Friend, impartial mem- ber of clearance and zoning, is a cir- cuit judge and highly regarded here. ministration officials with a suggestion that an opportunity be given to see how the code actually works out be- fore changes are discussed. At the same time the Administration is ex- pected to point out that the code was under negotiation for many weeks, during which ample opportunity was given all interests to discuss the pro- visions now attacked. The changes in the code sought by the Kansas City group, it was ex- plained today, for the most part are of such nature that they could not be made without public hearings. They do not come within the group of changes which the Administration is considering bringing about through executive order without hearings. Pacific National Cuts Wilmington, March 1. — Pacific National Theatres, Inc., of Los An- geles, has reduced its capital from $507,396.70 to $150,000. A resolution authorizing a reduction of $357,396.70 was adopted by the board of di- rectors and a majority of stockholders having voting power. The reduction was effected by reducing the amount of capital represented by outstanding shares of stock having no par value. Russell Rogers is president and C. W. Crandall, secretary. Board Shifts Prepared for By Authority (Continued from page 1) Lehman, RKO theatre manager there and originally designated representa- tive on that city's grievance board, presages action in that direction. Portland hears Al Finkelstein of Evergreen State Theatres is not elig- ible on clearance and zoning, because his company no longer operates first runs in that city. Transfer of J. Harold Stevens from Indianapolis to Boston by Paramount makes another loophole. Lehman, III, May Not Serve in K. C. Kansas City, March 1.— Lawrence Lehman, representing affiliated ex- hibitors on the grievance board, may be unable to serve because of illness. He recently underwent an operation and has returned to Menorah Hos- pital for treatment. Lehman would not discuss the mat- ter, but is quoted as saying that, un- less his health would permit him to taken on the added duties, he intended to resign. He is manager of the RKO Mainstreet here. E. E. Webber, representing unaf- filiated subsequents on clearance and zoning, said he intended to be "ab- solutely fair and impartial," and that he purposed to see that other board members do the same and forget per- sonal friendships in their deliberations. Finkelstein May Go Off Portland Board Portland, Ore., March 1. — It is be- lieved locally Al Finkelstein, repre- senting affiliated first runs on the local clearance and zoning boards, will be replaced because he no longer op- erates in the city and the Liberty and Hollywood, Evergreen States thea- tres here are now second runs. The Portland boards are set for their first meeting March 5. The trade here is keenly interested; in developments at the initial meeting. Elliott to Decline Code Job, He Admits Cincinnati, March 1. — John El- liott today confirmed earlier reports, published in Motion Picture Daily, that he will not serve on the local grievance board to which he had been appointed representative of unaffiliated exhibitors on grievances. Paramount Changes Indianapolis. March 1.— T. Harold Stevens, branch manager for Para- mount and recently appointed to the local grievance board, has been named manager of the Paramount exchange in Boston. He will report there March 10. Stevens was named as a representa- tive of affiliated national distributors. Edward Ruff is now Boston manager. Edward Ruff becomes Main man- ager for Paramount, headquarters in Portland. J. T. Howard, former Maine manager, succeeds Stevens in Indianapolis. 10 MOTION PICTURE DAILY Friday, March 2, 19! Short Subjects "Going Spanish" (Educational) A very pleasing musical comedy short featuring Bob Hope and Leah Ray with music by Godoy's Argentine Band and some pleasant singing. Other members of the cast are Fran- ces Halliday, Jules Epailly, Vicky Cummings and William Edmunds. It has enough of a story to keep the action going and there are some good comedy touches. Running time, 21 mins. "Mixed Nuts" (M-G-M) Well staged and a group of good looking girls who fit a dance routine, some gymnasium stunts and a series of gags into a light story in which the government decides to do some- thing for idle chorus girls and sends them to a finishing school. What they do to the finishing school routine fur- nishes the laughs. James Parrott di- rected, with Douglas Wakefield, Billy Nelson, Jack Barty, Don Barclay, Thelma Hill and Nora Cecil heading the cast. Running time, 18 mins. "Managed Money" (Educational) Junior Coughlan and Shirley Tem- ple, with a boy named Harry Myers put on a very good little story that ought to get by with grownups as well as youngsters. Having been told his father can't afford to send him to military school, Junior and the other boy, with Shirley as a stow- away in the back of the Ford, go out into the desert looking for gold. They find Huntley Gordon, instead, and he happens to be the head of the military school. Running time, 19^ mins. " 'Tis Spring" ( Vitaphone) Done in Technicolor, and with Hugh Herbert, Allen Jenkins, Ruth Donnelly and Patricia Ellis, this short is swell entertainment. It is a minia- ture musical comedy, with a girls' school as the setting. Herbert and Jenkins, as two tramps posing as pro- fessors, aided by Miss Donnelly as the head mistress, hand out the laughs. The Vitaphone Girls do their usual good dance routines, and Pa- tricia Ellis sings surprisingly well. Running time, 20 mins. Hope of Tax Repeal Increasing in Ohio Columbus, March 1. — Developments last week give rise to the belief that repeal of the 10 per cent amusement tax may not be as far distant as may appear on the surface. It is learned from sources believed reliable that the special taxation com- mission, charged with drafting alter- nate taxation plans during the recess of the legislature, has directed its ex- perts to prepare their bills from which the alternate tax program will largely be builded, and to include therein a measure to repeal the selective sales tax. This includes an impost on amusements, malt, soft drinks and cosmetics. It is altogether likely that a gross receipts tax will be recommended in opposition to the administration's present sales tax, according to those said to be in the know. MOTION PICTURE DAILYJS HOLLYWOOD PREVIEW "Transient Love" (Radio) Hollywood, March 1. — "Transient Love," sparkling sophisticated comedy drama of the upper strata, unravels a serio-comic marital mixup abounding in laugh provoking situations and smart dialogue. Irene Dunne subordinates her artistic accomplishments on piano and palette for her love for her husband, Ralph Bellamy. Their brief marital discord impinges when Constance Cummings, Bellamy's former fiancee, enters the picture. Kay Johnson and Charles Starrett, friends of the other couple, try to dissuade the young adventuress from her sprightly plan to split the happy wedlock, but fail when Miss Cummings corners Bellamy alone, goading him to the point of asking Miss Dunne for a divorce. Irene refuses, and in an endeavor to save the wreckage, suggests con- sidering the request in six months, knowing intuitively the adventuress is playing a game. Climaxing a 10-day play for Bellamy, Miss Cummings is finally caught in his arms by Miss Dunne, who discards her passive attitude, promis- ing to drag their names through the divorce mire and naming her as co-respondent. Miss Cummings, her plan exploded, hits the climax when Bellamy finds her in the arms of Sidney Blackmer, a friend she discovered in a speakeasy. With the married duo reunited at home to settle a few differences, Miss Cummings proceeds to marry her newly found boy friend, who turns out to be a young millionaire. All players gave good performances. John Cromwell directed well. Sprightly dialogue and well-etched characterizations lift this one for general audience appeal. Preview patrons enjoyed hearty laughs from the sophisticated situations and connubial persiflage. " 1 Registered Nurse (Warners) Hollywood, March 1. — Neat direction, casting and tempered perform ances fortify "Registered Nurse" with plenty of interest. The picture is human, sincere. Sylvia Benton (Bebe Daniels) is about to divorce her husband, Jim (Gordon Westcott), when he loses his mind following an automobile accident. She then returns to her former profession, nursing, and falls in love with Dr. Connolly (Lyle Talbot). Jim contrives escape from the sanatorium and comes to the hospital asking Dr. Hedwig (John Halliday) to perform an operation on his brain, an operation which will moan life as a normal man, or death. The morning before the operation, Sylvestrie (Sidney Toler), a patient in the hospital who has become attached to Sylvia, visits Jim. Pretend- ing he doesn't know he is Sylvia's husband, he suggests suicide ior such a husband as the solution to her problem. Jim jumps from the ninth story of the hospital. Dr. Connolly has, by this time, proved himself a playboy and Sylvia succumbs to the devotion of Dr. Hedwig. Casting is well balanced. Miss Daniels plays with understanding. Sidney Toler and Irene Franklin, as a pair of the "hobo rich" are delightful. Westcott gives a near perfect performance and Halliday gives distinction to his role. Others affording splendid support are Minna Gombel, Mayo Methot, Ed Gargan, Virginia Sale, Vince Bar- nett, Renee Whitney and Ronnie Crosby. Robert Florey directed. "Lazy Rivers" (M-G-M) Hollywood, March 1. — Melodrama full of well-known hokum thrills, set in the quaint shrimp-raising region of Louisiana, points "Lazy River" toward a good reception in subsequent runs in smaller towns. Three yeggs, refusing to take part in a jailbreak, are freed. One, Robert Young, goes to the home of a jailbird pal killed in the break with the intent to rob his mother, Maude Eburne. Two other mugs, Ted Healy and Nat Pendleton, arrive to help him. The three, coming to steal, remain to rid the community of a Chinese smuggling menace and supply the cash to pay off the mother's mortgage. Young, in the mean- time, has fallen for Jean Parker, the sister of the dead jailbreaker. While the plot is old-fashioned, Director George Seitz has given the film plenty of thrills, action and comedy. Healy and Pendleton make a swell team, supplying many laughs, with Irene Franklin as a French cook aiding in this direction, also. The picturesque settings add to the film's beauty, as do the romantic scenes between Young and Miss Parker. (Additional previews on page 11) Short Subjects "The Super Snooper" (Educational ) Andy Clyde does a variation of h usual routine. His daughter, Add McPhail, has the same boy frier! more than three days running, ai Clyde gets himself a job as a hot porter to see what it is all about. While serving as porter he ge mixed up in a jewel robbery, is a rested and banged around by his pro pective son-in-law, a detective, play by Jason Robards. It could be fu nier. Running time, 18 mins. "Git Along Little Wifie (Educational) An uninteresting short that doesi seem to get going, hindered furth by a weak story and poor acting. Co cerns a man who can't pay alimo: to his first wife, and consequent finds her living with him and his se ond wife, and his final escape frc her designs. Running time, 18 mii "Cubby* s Picnic" (Van Beuren-Radio) An amusing cartoon, one of Cubby, the Bear, series, with Cub leading the band in an amuseme park, and winding up fighting a swai of mosquitoes. Running time, 6 mil "Keeps Raining All thi Time" (Paramount) Featuring Gertrude Niessen, rac warbler, singing "Stormy Weathe and set off by a cartoon version of t "Three Bears," this short is good e tertainment. Running time, 8 mins. "Business Is a Pleasun ( Vitaphone) An amusing short done in Tech- color, showing how a department stc can be put on a paying basis by se ing things to the tune of popul songs. The jhotography is goo da the three songs are catchy. The Vil phone Girls do their usual interesti dance numbers. Running time, Toronto Court Ends Theatre Difficult Toronto, March 1. — The alleg theatre war ended here wr Judge Parker sentenced Gord Duncan to a term of 15 months on charge of striking Angel Lest owner of the King. The charge instigating against Irving Field, pt prietor of the Duchess and a rival e hibitor, was dismissed. Pete Ri ledge, confessed accomplice of Du can, was ordered held for medical e amination by the court and senten was deferred. Denver ^Changes to Fight License Hik Denver, March 1. — Schedule of pi posed license fees for this year woi raise fees assessed on film exchang from $40 to $100 a year. This boo amounting to 150 per cent, will fought by the Film Board of Trad A similar proposal a year ago W] defeated. day, March 2, 1934 MOTION PICTURE DAILY am $4,704,950 in Period of 6 Years (Continued from page 1) >e\v's totalled $515,525 and his bo- i ses, $1,218,604. Total from Loew's : ,734,129. His salary from M- M for the same period was $291,- 0 and his bonuses, zero. Total from jew's: $291,700. Grand total both impanies : $2,025,829. iBernstein's six-year salary from pew's totaled $515,320 and his bo- sses, $731,161. Total for Loew's : 1,246,481. His salary from M-G-M ,r five years totaled $287,640 and |>nuses, zero. Total from M-G-M, 187,640. Grand total both compa- es: $1,534,121. Arthur M. Loew's six-year salary om Loew's totaled $572,500 and his muses, zero. His salary from M- -M was geared identically, making grand total from both companies of ,145,000 and a combined total for ree executives of $4,704,950. Washington, March 1. — Howard ughes, producer of "Hell's Angels," is been paid $50,000 a year since '28, first as president and director id later as chairman of the board of ie Hughes Tool Co., Federal Trade lommission figures on salaries show. lalary Data Study Delay Is Expected " Washington, March 1. — The amuse- ments division of the Recovery Ad- ministration will not be in a position It make an exhaustive analysis of the L; ilary data submitted by the country's jrporations for some time, it was lid yesterday. Preliminary analysis is eing made but complete figures will -ave to await the receipt of question- (aires not yet returned by some of -tie large companies. Actors to Get Out Magazine on Coast ' Hollywood, March 1. — Actors now . ropose to become publishers. They ritend to reach their public as they 'link they should reach it and not as )me editor thinks it should be done. A monthly magazine is to be .unched by the Actors' Guild about -larch 15. It will contain text appeal- jig to the guild membership and will |!so be intended for newsstand sale i ith a fan and semi-trade appeal. » lenty of art work is planned, j The editorial board includes Ann i larding, Fredric March, Robert .lontgomery, Lucille Gleason and Kenneth Thomson. The advertising ill be confined to non-professionals. ?ranklin Lines Up Initial Production {Continued from page 1) -hased rights of "Battleship Gertie," *y Frederick Hazlitt Brennan and will rst stage it as a play, later as a pic- ire. The story ran in Liberty as The Saga of Battleship Gertie." Warners Sued on Story Philadelphia, March 1. — Plagiar- ';m_ in "Son of a Sailor" is charged gainst Warners and First National i a suit filed in U. S. District Court ere by Edward A. Lynch. He claims nat his story, "When Homer Comes iarching Home," was rejected by the tudios, but material from it was lifted. MOTION PICTURE DAILY* HOLLYWOOD PREVIEW "Bottoms Up" (Fox) Hollywood, March 1. — Entertainment in happy, snappy vein, based on behind screen farcical situations, blending romance and music with laughs and uncovering a new screen personality in Pat Patterson, makes "Bottoms Up" a sure-fire show. Three out-of-work mugs, Spencer Tracy, a quick talker ; Sid Silvers, a song plugger, and Herbert Mundin, a penman from the "pen," decide to launch a beauty contest winner stranded in Hollywood. Palming her off as a daughter of Lord Brockelhurst, with Mundin as her father, Tracy's campaign inveigles a Hollywood social climber, Thelma Todd, to wine and dine Miss Patterson, which publicity lands her a contract at Harry Green's studio with the boys edging in for the gravy also. Miss Patterson sings, dances and acts well. With more confidence she should make a niche for herself. The comedy of Silvers, Green and Mundin is of the hilarious, belly variety. John Boles handles the romance and singing well. Tracy does a fine job as the sacrificing lover. Originality marks the technique, with inverted camera shots linking to the title. "Bottoms Up" number about depression and "Waiting at the Gate for Kittie," a gay nineties extravaganza, are both standouts. David Butler directed with sly, smooth assurance from a smart story by him- self, Buddy DeSylva and Sid Silvers. Aside from a few risque scenes, the production is darn good entertainment. ft Come On Marines {Paramount) Hollywood, March 1. — Plenty of vigor and tang in this swell, rowdy comedy about a marine who is nix on dames. Demoted and sent to the Philippines, Marine Dick Arlen, with his squad, is assigned to rescue some American children surrounded by the outlaw, Celano, tough hombre of the jungle. The children, bathing when marines arrive, turn out to be society buds Ida Lupino, Toby Wing, Lona Andre, Gwenllian Gill and other beauties, chaperoned by Virginia Hammond. Various comedy situations of marines with the gals are topped by the tense sequence of the soldiers, dressed in girls' garb, decoying Celano and using machine guns in the approved marine manner. Arlen turns in a top-notch performance, seconded by Roscoe Karns as a corporal always getting himself into trouble and his squad out of it. Miss Lupino, romantic lead, is a tempting dish, but getting plumper. Grace Bradley's dance is hotcha, maybe too hot for censor sectors. Henry Hathaway's direction and screenplay by Byron Morgan and Joel Sayre are of high order. Contrived for laughter, the production moves rapidly for sure-fire entertainment. tt Jimmy, the Gent (Warners) Hollywood, March 1. — Ambulance chasing, bail bond brokerages and other nefarious practices have been exposed in pictures, but 'Jimmy, the Gent" gives something new and original in revealing the twists of two competing genealogist firms who search family trees and locate heirs to unclaimed fortunes. Jimmy Cagney heads one and Alan Dinehart the other with Bette Davis in the center. Treated humorously, the novel situations evolve a bang-up, fast moving comedy, general in appeal to evoke laughter from almost any type of audience. The story, an original from the pens of Laird Doyle and Ray Nazarro, is typical of Cagney. He fits in naturally to the situations. Allen Jen- kins, as chief henchman in the Cagney camp, shares acting honors, with the balance of the supporting cast including Alice White, Phillip Reed, Hobart Cavanaugh, Mayo Methot, Ralfe Harolde, Philip Faversham, Arthur Hohl and Nora Lane. Dinehart sets the pace by maintaining a swanky establishment and a superiority complex, which doesn't bother Cagney until he finds his sec- retary, Bette Davis, has switched over to the rival camp. It is here that Dinehart establishes himself as the suave menace in trying to stifle the love Miss Davis has for Cagney, who, although less polished and more crude in his practice than Dinehart, finally outwits the "Great I Am." Michael Curtiz directed from Bertram Milhauser's script. "David Harum," yesterday's opener at the Music Hall, was reviewed by wire from Hollywood on Feb. 27. "Queen Christina," today's^ opener at the Capitol, was reviewed on Dec. 27. "Ninth Guest" this morning's opener at the Roxy, was reviewed by wire from the coast on Feb. 10. Unplayed Shorts Selling Problem (Continued from page I) tives that in the past exhibitors have overbought on shorts in some instances and in others have been oversold on them. Contributing reasons, it was said, have been exhibitors' desire to make the best possible feature deal, and this has been facilitated by his taking all the shorts handled by the company whose features he sought. On the other side of the deal has been the film salesman who wanted to close every account for the maximum amount of his company's product. With this situation duplicated by several companies' output, the exhibi- tor, at the end of his buying season, found himself with more shorts than he could use. The result was defaulted short subject contracts and hundreds of unplayed but contracted for subjects at the season's end. The unplayed portions of the contracts were utilized by both distributor and exhibitor as bargaining factors in arriving at terms for the new season's product. Next season's contemplated produc- tion curtailment would take up some of the slack resulting from these prac- tices without reducing distributors' revenue, it is said, as the unplayed pictures, obviously, have not been revenue producers. K. C. Independents Urge Code Changes Kansas City, March 1. — Code changes have been recommended to Administrator Hugh S. Johnson in a three-page letter sent to him by the I.T.O. The independents want more eliminations than the 10 per cent al- lowed by the code. Cancellation meth- ods also are criticized. Changes are asked in the labor pro- visions with respect to salary condi- tions. The purpose of this is to crys- tallize the local dispute. Clarification of the giveaway clause is also sought to determine whether a 75 per cent effective vote against the practice ap- plies to cities or territories. Most city exhibitors here favor them and a majority in the territory outside the city limits is opposed. U. S. Statistics Soon On Amusement Field (Continued from page 1) will be issued in the near future by the U. S. Census Bureau. As a result of the bureau's inves- tigation, the first ever to be made by the Government in this field, amuse- ment interests will learn just what has happened since 1929. They will be shown eventually the extent o f changes in attendance in the various sections of the country and much other data of direct application. Find Duplicate Assents Duplicates in assents to the code which may lessen the total number of assents by approximately 100 have been discovered by Code Authority and the entire list of more than 9,000 assents is now being checked for fur- ther duplications. The duplicates oc- curred where circuit theatre assents were executed by parent companies and by individual theatres. Assents prior to discovery of the duplications numbered approximately 9,200. \17 ( "THE SPICE OFTHE PROGRAM" Distributed in U.S.A. by FOX Film Corporation The old rale in comedy mak- ing is dethroned. Two -reel comedies as Educational makes them in 1934 mast have not only all the laughs of old, hat mach more hesides* They have big box-office names f they have romance and music, more lavish settings and finer stor- ies. It is this rare new combin- ation of entertainment and ticket selling values that makes such pictures as "GO- ING SPANISH" so import- ant for you to play and exploit. "Glassy ... A very pretentious two-reel musical comedy featuring Bob Hope and Leah Ray. Two very promising new- comers to the screen . . . Hope is a real comedian, and the girl looks like a sure bet . . . Three good song numbers . . . Produced by Al Christie with a lot of originality and fine kidding humor that is refreshingly different." — Film Daily. The Leading Newspaper I of the > f Motiomi Picture Industry MOTION PICTURE DAILY Alert, Intelligent and Faith fut Service to the Industry in All Branches VOL. 35. NO. 51 NEW YORK, SATURDAY, MARCH 3, 1934 TEN CENTS Stage, Films Want End of Radio Shows Will Present Demand at Washington Session Stage and film Code Authority lommittees will ask the elimination f free admissions to radio broad- asts staged in theatres when they iect Monday with a committee of ne radio Code Authority in Washi- ngton, it was decided at a meeting ester day. Dr. Henry Moskowitz, executive seretary of the stage Code Authority, ^presented that body at yesterday's leeting with Ed Kuykendall and }hn C. Flinn at film Code Authority ;adquarters in the RKO building, memorandum to be presented to a (Continued on pane 2) lore Film Salaries Divulged by Senate Washington, March 2. — Additional ilaries of executives identified with ie film industry, as furnished the enate by the Federal Trade Com- mission follow : Pathe Exchange ELMER PEARSON Vice-President Salary Bonus $53,437 JOSEPH P. KENNEDY Chairman of Board Salary $104,000 0 44,000 (Continued on page 2) Bonus ariff Bill Held Film Export Help Washington, March 2.— Enactment tariff legislation introduced today the House will give the President weapon with which to break down (Continued on page 4) I Even in Nassau James R. Grainger returned from a West Indies cruise yesterday, full of sunshine and amazement over the fact that double features have even caught on in Nassau. Allied Seeking Authority And Code Board Changes Washington, March 2. — Sugges- tions for changes in the makeup of the Code Authority and local boards which would add unaffiliated exhibitor representatives to each, together with suggestions for changes in the code itself and for an investigation of trade practices by Administration represen- tatives are contained in the brief filed by Allied States at the NRA public hearings here, it was disclosed to- day. The Allied proposals ask the re- moval from the Code Authority of Ed Kuykendall, M. P. T. O. A. presi- dent, as a representative of unaffiliated exhibitors on the grounds that Kuy- kendall "has shown his bias and un- fitness to serve by intemperate public utterances and by his conduct as a member of the Code Authority." The brief asks that "at least two additional unaffiliated independent exhibitor rep- resentatives be added to the Code Au- thority." Division Administrator Sol A. Ros- May Buy Pathe Du Pont interests may either buy out Pathe Ex- change or its interest in Du Pont Film Manufacturing Corp., according to financial writers. Pathe owns a 49 per cent interest in Du Pont. Financial observers credit Du Pont negotiations with the current activity in Pathe stock, which established a new high at 20% yesterday. enblatt is also a target of the brief, which sets forth that "allegations of prejudice made Oct. 31 against Ros- enblatt have been fortified by a speech made by him at Atlanta in October and by his admissions in the presence of Administrator Hugh S. Johnson on Oct. 31." The brief asks that two {Continued on page 4) Promotions to Four More RKO Officials Promotions to Merian C. Cooper, Jules Levy, Pandro S. Berman and Phil Reisman were voted yesterday at a meeting of the directorate of RKO Radio Pictures and subsidiaries. Cooper was elevated to the vice-presi- dency of RKO Radio Pictures in charge of production. Levy received the post of vice-president of RKO Distributing Corp. Berman was made executive producer and a vice-presi- (Continued on page 4) Oriental, Chicago, Goes to VaudeRlm Chicago, March 2. — Balaban & Katz today inaugurates a new policy for the Oriental by adding six acts of vaudeville to the screen fare and re- ducing admission prices. The change places the Oriental in a direct bid for business against Jones, Linick & Schaefer's State-Lake, which has been doing a heavy business with a com- (Continued on page 2) Phila. Premium Men Join for Protection Philadelphia, March 2. — Inde- pendent exhibitors here whose the- atres have been using premiums plan to form an association for the pur- pose of carrying a fight for the re- tention of the policy to the NRA, it was learned today. OklahomansPleased By Setup of Boards Oklahoma City, March 2. — Appar- ently the board setup in this locality is entirely satisfactory. A number of representative exhibitors and distrib- uters who have been questioned ap- prove the boards' personnel. Following are the opinions of rep- resentative executives : Otto Rode, branch manager of Warners : "I think the present selec- tion of code board personnel is abso- (Continued on page 2) Boards in New York Named Tentatively Tentative clearance and zoning and grievance boards for New York have been set by the Code Authority com- mittee on selections. With Boston, Washington and San Francisco boards agreed upon earlier, Philadelphia re- mains the only city under considera- tion by the committee. An agreement on the two' local boards for Philadel- (Continued on page 2) Ontario Amusement Tax Total $904,591 Toronto, March 2. — Ontario amuse- ment tax collections last year totaled $904,591, stated Premier G. S. Henry in the Legislature here today. This was a decrease from the year before. Returns during the past four (Continued on page 2) Lasting NRA Believed Aim Of President Expected to State His Attitude Monday Washington, March 2. — That President Roosevelt will favor mak- ing the NRA a permanent govern- mental institution when he speaks Monday before assembled code author- ities and officials is the expression gaining ground here. He is also ex- pected to report on the first year's activities under industry codes. Criticisms of the NRA which have been heard for two days by Adminis- trator Hugh S. Johnson have virtu- ally come to an end and Monday's ad- dress by the President will inaugurate a series of meetings designed to lay out a program for NRA changes and reforms. Considerable talk is heard about a (Continued on page 2) Code Group Going To NRA Gathering Seven members or alternates of Code Authority and Executive Secre- tary John C. Flinn leave here tomor- row night for Washington to attend the forums of code authorities of all industries, which open Monday. Those scheduled to make the trip in addition to Flinn are: Charles L. O'Reilly, Nathan Yamins, W. Ray Johnston, Ed Kuykendall, J. Robert Rubin, who is alternate for Nicho- las M. Schenck; Harold S. Bare- (Continued on page 2) "U" Joins Fight on Cancellation Rule Universal yesterday took an offi- cial stand with five other leading dis- tributors who do not agree with Division Administrator Rosenblatt's ruling that the 10 per cent cancellation clause became effective Dec. 7, even on contracts signed prior to that date. Officials of Universal stated their disagreement with Rosenblatt's ruling, (Continued on page 2) Who? What? When? Tenth instalment of the biographies of the men who make up the code boards ap- pears on page 4 today. id MOTION PICTURE DAILY Saturday, March 3, 19 MOTION PICTURE DAILY (Registered U. S. Patent Office) Vol. 35 March 3, 1934 No. 51 H IBS 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 (Juigley, 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. Clifford, manager; London Bureau: 6 Brookland Close, Hampstead Garden Suburb, Bernard Char man, Representative; Berlin Bureau: Berlin-Tem- pelhof, Kaiserin-Augustastrasse 28, Joachim .if. Rutenberg, Representative; Paris Bu- reau: 19, Rue de la Cour-des-Noues, Pierre Autre, Representative; Rome Bureau: Viale Gorizia, Vittorio Malpassuti, Representative: Sydney Bureau: 102 Sussex Street, Cliff Holt, Representative; Mexico City Bureau: Apartado 269, James Lockhart, Representa- tive; Glasgow Bureau: 86 Dundrennan Road, G. Holmes, Representative; Budapest Bureau: 11 Olaaz Fasor 17, Endre Hevesi, Representative. 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. Oriental, Chicago, Goes to V and e film {Continued from page 1) bined screen and vaudeville program. The Oriental's initial bill comprises Paramount's "8 Girls in a Boat" and Slate Brothers, Libonatti Trio, Brems, Fitz & Murphy Bros., Collette Lyons, Robbins Trio and Pete, Peaches & Duke on stage. Ontario Amusement Tax Total $904,591 {Continued from page 1) months, however, have been so prom- ising that budget estimates for this years from this revenue source are placed at $1,800,000, an estimated in- crease of more than 11 per cent. L. G. Dolliver Dead San Francisco, March 2. — Lester G. Dolliver, head of the Western Theatrical Equipment Co., died sud- denly yesterday following a heart at- tack. He was well known in the sup- ply field in this territory. Prior to 1929 he was western district manager for National Theatre Supply Corp. At the time of his death he was also vice- president of the Independent Theatre Supply Dealers' Ass'n. Sam Zerilla Dead Memphis, March 2. — Sam Zerilla, '63, owner of the Grand and Daisy, died Tuesday afternoon in Methodist Hospital here. A native Italian, Ze- rilla had lived in this country since 1900. He wa.s a clarinetist with Sousa's band for three years, enter- ing the film business after coming to Memphis in 1906. Code Group Going To NRA Gathering (Continued from page 1) ford, alternate for Harry M. War- ner, and George Schaefer. Flinn will present the Code Au- thority's report to Administrator Hugh S. Johnson and various groups of the delegation will attend forums on trade practices, small enterprises and minorities, and code administra- tion. The delegation is expected back in New York Friday. Oklahomans Pleased By Setup of Boards (Continued from page 1) lutely a fair representation of all in this state." F. A. Higdon, Fox branch man- ager : "A finer group of men could not be found to represent the industry here. Undoubtedly these mien will hand down decisions which will be fair to all." R. I. Payne, manager of Universal : "If I were an exhibitor I would be perfectly satisfied to let these men handle any question of mine on which they might have to pass. I believe they will be fair to all." Sol Davis, Monogram manager : "I am satisfied with the board per- sonnel. It is a fair representation." Morris Lowenstein, president, The- atre Owners of Oklahoma : "The in- dustry in Oklahoma is well represent- ed, both independently and otherwise. I certainly believe it is fair." L. F. Stocker of Columbia says all the theatre men he has talked to have been .entirely satisfied. Block Booking Fight Pushed in Delaware Wilmington, March 2. — An anti- block booking campaign is being mapped here by A. J. De Fiori, local exhibitor and head of the I.M.P.T.O. of Delaware. De Fiori is carrying the campaign to women's clubs. Para. Group in Monday Ralph Kohn, Sam Dembow, Jr., and Y. Frank Freeman, who conducted a meeting of Paramount theatre operat- ing partners of the southeastern ter- ritory in Jacksonville during the week, are expected back in New York on Monday. Believe Lasting NRA Aim of President (Continued from page 1) 36-hour week for all industries. Some, it is believed, may go under this maxi- mum. Practically all cabinet officials and many others in high Government posi- tions are expected to attend, as it is believed the President's address will inaugurate a new program for en- forcement of code provisions, the guarantee of labor's right to collective bargaining and a more definite pro- gram to prevent profiteering and un- fair price-raising. "U" Joins Fight on Cancellation Rule (Continued from page 1) to which exceptions had already been taken by Fox, M-G-M, Paramount. RKO and Warners. Columbia's stand remained undefined yesterday, al- though all indications point to the same stand as that taken by the other companies. Union Ushers Stage Milwaukee Walkout Milwaukee, March 2.— Protesting against working conditions which per- mit a maximum salary of $10 for a seven-day week, ushers affiliated with Theatre Cashiers', Doormen's and Ushers' Union, Local No. 19,159, are on strike here. Employes in 80 per cent of the houses here are members of the union, which is affiliated with the A. F. of L. Boards in New York Named Tentatively (Continued from page 1) phia is expected at the next meeting of the committee, March 9, in time for ratification of all remaining boards by Code Authority on March 12. Hays Goes to Florida Will H. Hays and wife left yester- day for a week's vacation at Miami Beach, Fla. Stocks on Big Board U p Net High Low Close Change Consolidated Film Industries, pfd 16% 16% 16% + % Eastman Kodak 91 90 91 +1% Fox Film "A" 1514 15% 1514 +1 Loew's, Inc 32% 31% 32% +154 Loew's, Inc., pfd 90 90 90 + % Paramount, cts 554 5 5% + % Pathe Exchange 4% 3% 3% Pa the Exchange "A" 21% 20% 20% + % RTK.° ■■■■■■ ;• 3% 354 3% + 54 Universal Pictures, pfd 28 28 28 + % Warner Bros 754 7 71/4 + % Technicolor Down % on Curb Sales 500 400 1.100 21.000 100 15.100 34,800 9.200 10.400 1.000 6.800 Technicolor High . 954 Most Bonds Take Spurt High General Theatre Equipment 6s '40 1054 General Theatre Equipment 6s '40, ctf 1054 Keith B. F. 6s '46 62J4 Loew's 6s '41, ww deb rights 95*54 Paramount Broadway 554s '51 36 Paramount F. L. 6s '47 47 Paramount Publix S54s '50 47% Pathe 7s '37, ww 93 RKO 6s '41, pp 34 Warner Bros. 6s '39, wd 55% Net Low Close Change Sales 9% 956 - % 2,000 Ipurt Net Low Close Change Sales 954 10 + % 45 954 9% +154 + 54 9 6254 6254 1 9554 9554 - 54 1 36 36 - 54 5 46% 46% +154 14 4654 4754. + 54 25 93 93 + 54 2 34 34 + 54 1 5554 5554 + 54 21 Stage, Films Want End of Radio Show (Continued from page 1) committee representing the ra' Code Authority was drawn up, s ting forth that the free admissions theatre broadcasts were considered be unfair competition. The memor; dum charges that the practice is cc tributing to unemployment by doi away with theatrical stage employ where radio occupies a theatre wh ordinarily would house film or sts^ plays. It declares that the Hud- Theatre here, now used for free tl atrical broadcasts by Columbia Brc: casting System, formerly contribu from $50,000 to $60,000 annually wages to theatrical employes. The estimate is made in the mer randum that from 80,000 to 100.' persons attend the free broadcasts nually and that the number will crease materially if the practice is restricted at once. More Film Salaries Divulged by Sena (.Continued from page 1) RCA ALFRED N. GOLDSMITH Vice-President Year Salary E 1929 $12,000 1930 18,000 1931 18.000 1932 16,500 RKO EDWARD F. ALBEE President, Director Year Salary B' 1928 $56,999 1929 H. S. BROWN President, Director Year Salary 1928 $6,707 1929 75,000 1930 75,000 1931 100,000 1932. 80,000 HAROLD B. FRANKLIN Vice-President, Director Year Salary E 1932 $60,100 1933 50,000 B. B. KAHANE Vice-President, Director Year Salary E 1928 $22,500 J 1929 31.250 1930 35,000 1931 40.000 1932 46.418 1933 50,000 JOSEPH PLUNKETT Vice-President, Director Year Salary 1 J 1929 $50.000... 1930 50.000 1931 50.000 1932 „ 23,625 DAVID SARNOFF Chairman of Board Year Salary 1928 1929 $50,000 1930 50.000 1931 50.000 1932 37.000 Used in 7 out of 8 American Pictures in "1933'sTEN BEST" OF THE Ten Best Pictures of 1933 chosen in the Film Daily s poll, eight were American productions. Of those eight, seven were photographed on Eastman "Gray- Back." This is outstanding evidence of the acceptance enjoyed by Eastman Super-Sen- sitive Panchromatic Negative among camera- men and producers . . . and a signal tribute to the versatility and unfailingly high quality of the film itself. Eastman Kodak Company, Rochester, N. Y. (J. E. Brulatour, Inc., Dis- tributors, New York, Chicago, Hollywood.) EASTMAN Super-Sensitive Panchromatic Negative (Gray-Backed) MOTION PICTURE DAILY Who? What? When? 4 Detroit Detroit, March 2. ■ — Fred North, representing affiliated national distrib- utors on the Detroit grievance board, has spent practically all of his film life in this territory. From 1918 to 1922, he was branch manager for Fa- mous Players, the forerunner of Par- amount, and in 1922 became manager here for the original First National. He has been with that company and its successor, Warners, since that date and currently is an acting divisional manager with Detroit, Cincinnati, Cleveland, Indianapolis and Pitts- burgh his charge. Sam Seplowin, representing un- affiliated distributors on grievances, is general manager of Graphic Ex- changes, Inc., distributors in this ter- ritory for Monogram. He has been in the business about 10 years and always associated with Jack Berko- witz of Standard Film of Buffalo, where Seplowin operated prior to his coming here three years ago. Ed. C. Beatty, representing affili- ated exhibitors on grievances, is gen- eral manager of the W. S. Butterfield Circuit and has occupied that post for some time. The circuit operates the- atres throughout Michigan and North- ern Ohio. Paramount owns about 30 per cent of the outstanding preferred stock of the circuit and RKO also owns a small stock interest in it, about 25 per cent. Beatty is well known in film and theatre circles throughout this territory, has been associated with Butterfield from the early years of the latter's entrance into exhibition and served with him throughout the or- ganization of the circuit. While But- terfield is the nominal head, Beauty is the actual operator. The Butterfield interests dot the state thickly. Under the corporate en- tity known as W. S. Butterfield The- atres, Inc., are 67 houses and 75,550 Promotions to Four More RKO Officials (Continued from page 1) dent of RKO Studios. Reisman is now vice-president of the RKO Ex- port Corp. Confirmed was the appointment of J. R. McDonough to the presidency of RKO Radio Pictures, of B. B. Kahane to the presidency of RKO Studios and of Ned E. Depinet to the presidency of RKO Distributing Corp., as announced in Motion Picture Daily on Feb. 16. All of these officials hold corre- sponding positions with RKO Pathe. M. H. Aylesworth, chairman of the board, revealed Kahane had decided to devote all his time to studio operations instead of adhering to his original plan to divide his attention between Hollywood and the east. He said the changes were made at Kahane's sug- gestion and would give the organiza- tion a more logical setup, with Kahane in charge of operations in Hollywood, Depinet in charge of sales and dis- tribution and McDonough supervising all operations, with headquarters in New York but visiting the studios frequently. Riot Shots Banned Chicago, March 2. — All riot shots in newsreels have been banned by police here on the ground they might stir up trouble. Tenth instalment in a biograph up the code boards. seats. Butterfield Michigan Theatres Co. operates 16 theatres, seating 11,762. In the first company are grouped the following : Ann Arbor (four theatres), Battle Creek (four), Bay City (three), Flint (four), Grand Haven (one), Grand Rapids (five), Hillsdale (one), Holland (three), Ionia (two), Jackson (four), Kala- mazoo (three), Lansing (five), Mon- roe (two), Muskegon (five), Niles (one), Owosso (two), Pontiac (six), Port Huron (three), Saginaw (six), South Haven (one) and Ypsilanti (two). The second company has these : Adrian (two), Alpena (two), Ben- ton Harbor (two), Big Rapids (one), Cadillac (two), Ludington (two), Manistee (two), St. Joseph (one), Three Rivers (one) and Travers City (one). Edgar E. Kirchner, representing unaffiliated exhibitors on grievances, is treasurer of Allied Theatres of Michigan and manager of the Family, which seats 930. The*theatre is owned by the Harris Amusement Co. of Pittsburgh. Ken neth C. W^eber, impartial mem- ber on grievances, is a well known attorney. Nat Levy, representing affiliated national distributors on clearance and zoning, was born in Rochester, N. Y., in 1898. From 1921 to 1924, he was sales manager for Universal in To- ronto and from '24 to '27, sales man- ager for the same company in Phila- delphia. During the following two years. Levy ran "U's" office in Al- bany and on Dec. 26, 1929, came to (Continued from page 1) additional representatives of the Ad- ministrator, to have equal standing with Rosenblatt, be added to Code Au- thority. Allied also suggests that local clear- ance and zoning boards be enlarged by at least two additional unaffiliated subsequent run exhibitors, and that at least one additional unaffiliated ex- hibitor be added to local grievance boards. Changes in the code itself suggested in the brief call for elimination of the provision by which distributors may refuse film service to any exhibitor found guilty by a local grievance board of a violation of the code clause prohibiting reduction of admission prices by giveaways, rebates and simi- lar practices, and the elimination of the clause which establishes minimum wages for operators on the basis of the prevailing scale as of July 1. In place of the latter clause, Allied's brief suggests a substitute which would make the minimum wage equal to the specific wage projectionists were paid by individual theatres on July 1, on the assumption that, by collective bar- gaining, some theatres were enabled to pay wages at that time which were less than the "prevailing" union ical series on the men who make RKO in Philadelphia. Two years later, or on March 2, 1931, the company transferred him to Detroit, where he is in charge of that exchange. He has been here since that date. Nat is a brother of Jules, general sales man- ager of RKO, and is married. Carl H. Shalit, representing un- affiliated distributors on clearance and zoning, has been Columbia manager here since July 28, 1930, and prior to that ran an exchange for Tiffany. Most of his film experience centers in the Detroit territory. From time to time, he has been active on the local Film Board and has played a consid- erable part in territorial arbitration. Shalit stands in well with Columbia's home-office executives. George W. Trexdle, representing affiliated first runs on clearance and zoning, is a pioneer Detroit exhibitor and now Paramount's operating part- ner here. He was one of the founders and organizers of the Kunsk-Trendle circuit, which held some of the largest and most important houses in the city. The circuit was acquired by Publix in 1927 under a deal which retired both Trendle and John Kunsky, his partner, from exhibition activity any- where in the state. Following the Paramount bankruptcy that provision was waived and he was made an op- erating partner on a 10-inonth deal which expires next August. The deal returned the former circuit to Tren- dle's management. The Publix theatres now are oper- ated as the United Detroit Theatres Corp. and control most of the houses scales. It also suggests that where theatres did not contract with organ- ized operators at that time the mini- mum wage should be that specified for mechanical employes in the President's Emergency Reemployment Agreement. Also suggested is a "thorough in- vestigation of all trade practices in the industry by the Administration representatives on Code Authority," who would be instructed to make a report and recommendations within 90 days. Allied's brief renews the complaints made by it in memoranda submitted to General Johnson in September and October, which were based on the or- ganization's code analysis and its ob- jections to the third code draft sub- mitted by Rosenblatt, Oct. 31. The brief takes particular exception to the makeup of the Code Authority and the local boards, all of which are described in the brief as "dominated by the sellers and producer-exhibitors." Roxy Goes Abroad Samuel L. (Roxy) Rothafel sailed last night on the Olympic for a three- week vacation in Europe. He ex- pects to return by March 21 for the start of his vaudeville tour. Saturday, March 3, 1 93- around Grand Circus Park, which Detroit's Times Square. In the c:i cuit are the Annex (1,824 seat Eastown (2,500), Fisher (2,97r Michigan (4,038), Ramona (2.00' State (3,000), United Artists (2,07 J" and Birmingham (1,500), in Bin ingham. The company controls 22,/f seats. James Mixter, representing una filiated first runs on clearance ar1 zoning, is a member of the board i Allied Theatres of Michigan. He the operator of the Ritz (1,250 seats! and Family (350) in Flint and tl" Minter (650) in Owosso. The latt. is his home town. James C. Ritter, representing v affiliated subsequent runs on cleararn and zoning, is a former national pres dent of Allied States, a member ■ Allied Theatres of Michigan and U years has been prominent in the a fairs of both the national and sta. organizations. He operates three th atres, all in Detroit. They are tl Rialto (1,334 seats), the Rivo< (1,010) and the Boulevard (400). , Allen Johnson, second exhibit' representing unaffiliated subseque runs on clearance and zoning, w.j born in Chicago on May 10, 185 Prior to his entrance into the theat i business, he was a sales engineer ai a sales supervisor for the Industri i Weighing, Counting and Testing D I vices. He has owned and operate \ theatres for the last eight years, ail today runs the Royal (602 seats) ai the Our (700), in Grand Rapids. I- J is a member of the board of directo \ of Allied Theatres of Michigan ai prominent in the affairs of this sta unit, which is an affiliate of Allii! States. H. A. Harrington, impartial mer. ber on clearance and zoning, is seer tary of the arbitration committee . the Detroit Board of Commerce. Tariff Bill Held Film Export Hel] (Continued from page 1) the barriers erected against Americ pictures by various foreign gover ments. Under the bill the President wou be authorized to increase or redu existing duties by not exceeding per cent as a means of consummate reciprocal trade agreements with oth governments. No provision is mag: however, for the transfer of coi - modities between the free and dutiat lists. Introduction of the bill follow- receipt at the capitol of a messa. from the President, in which pointed out that other countries a safeguarding their foreign trade \ reciprocal trade agreements. Accounting Ordered For Nudist Pictur An interlocutory decree for an a counting of profits on "This Xu< World" will be entered within the ne i few days, it was stated in an opini< handed down in Supreme Court Mineola, L. I., yesterday followii trial of a suit brought by Mike Min lin, producer of the picture, again Herman Robbins, Toby Gruen ai George Dembow, who, Mindlin d clares, financed the production. Mindlin's suit charged he had contract which called for a percen age of the profits. Allied Seeking Authority And Code Board Changes The Leading lewspaper of the Motion It J?? Picture Industry MOTION PICTURE DAILY Alert, Intelligent and' vlplf| Faithful jf Service to the Industry in All Branches )L. 35. NO. 52 NEW YORK, MONDAY, MARCH 5, 1934 TEN CENTS Mcago Film Men Pleased With Boards rong Praise Given to Judge Hugo Friend :hicago, March 4.— Personnel of grievance and clearance and zon- 1)oards, tipped off to the trade Husively by Motion Picture uly, represents a satisfactory setup opinions gathered from local film leneral high praise is sounded for selection of Judge Hugo Friend the Circuit Court as the impartial iter on clearance and zoning, lether or not the name of Lowell Mason as the impartial party on (Continued on page 10) ode Conferees to ote Upon Changes .Washington, March 4.— Industry "•.gations attending the NRA con- :nces here will be allowed to vote iroad questions of policy as a guide f coming changes, it has been I ned. Nearly 3,500 members of 400 e authorities are expected, •iscussions will get under way fol- ing President Roosevelt's address orrow. here will be no legal status to the ?s, but the tallies will be used as (Continued on page 15) ortland's Board Appointees Liked ortland, March 4. — General sat- i rtion is expressed among distrib- t s and sales executives here over I makeup of the clearance and zon- i and grievance boards. All the p are well known and practically i f those who have commented thus pi commend them. he grievance board includes (Continued on page 10) I ore Film Salaries Released in Capital "ashington, March 4. — Further ry and bonus information about rutives of film companies disclosed the Federal Trade Commission's rts shows the following payments : niversal — Lou B. Metzger, general 5 manager and director: 1928, 350; 1929, $51,966, and 1930, 566. Phil Reisman, sales manager (Continued on page 15) Claims a New Sound System; Not on Market Cincinnati Musician Is the Inventor Columbus, O., March 4. — A new sound system, which the inventor, Theodore Lindenberg, local musician, claims is radically different from any- thing ever devised for sound repro- duction, is being tested at the Grand- view, neighborhood house, which Lindenberg has taken over as "a final laboratory experiment." The system is not on the market. What method of reproduction is used is being kept secret. It is known, however, that there is no nroiectioji. The reproduction is said to filter through the theatre without use of horns or speakers of any type. It is (Continued on page 15) Point Out 75% Vote Can Save Premiums Philadelphia. March 4. — If spokes- men for a group which is endeavoring to organize premium-users in this territory to make a fight for approval of the policy by the NRA are correct in their statements that 75 per cent of the exhibitors in this territory are sympathetic to the policy, there will be no need for them to carry their (Continued on page 15) Tax Disagreements In Ohio Reported Columbus, March 4. — On the eve of the reconvening of the special ses- sion of the General Assembly, sched- uled for Tuesday, ominous rumblings are heard of warfare between inde- pendent and affiliated exhibitor fac- tions over the amusement tax and the differential of its application. Independents are said to be con- (Ccmtinued on page 15) Hurley Heading For Para. Studio "G. Mr La Quinta, Cal., March 4. — Harold Hurley, now a Paramount supervisor, is heading toward general management of the studio, the post formerly filled by M. C. Levee. The decision is ex- pected to be reached before a week- end conference of the studio's entire executive staff here breaks up. Plans for the new season are being discussed, also. Pa. Bans Magnesia Harrisburg, March 4. — Mag- nesia has joined nuts and nerts as words that cannot be spoken from Pennsylvania screens. In a scene of "It Happened One Night" the wife awakes to find one of the lovers has departed. She at- tributes her awakening to the fact that she has taken mag- nesia, but the censors said nay. It may be all right in other states, but not Penn- sylvania. Jobs Gaining, Grosses Rise In Four Spots Cleveland, March 4. — Employment in the Cleveland district is at the high- est point in four years, according to the Chamber of Commerce. A survey conducted by that body of 100 repre- sentative firms showed employment of 59,840, an increase of 2,261 over the previous high mark set in August, and 17,362 above the low point last March. The increases, according to the sur- vey, have been distributed over every line of industry. Columbus, March 4. — January em- ployment in Ohio increased 26 per cent over the same month of last year, although there was a 2.9 per cent de- (Continued on page 15) Zirn's Para. Bond Petition Set Aside Petitions brought against Paramount Publix by Samuel Zirn, attorney for Robert Levy, a Paramount bond- holder, and involving an action to have set aside Paramount's $13,200,000 bank transaction of 1932, were denied Satur- day by the Appellate Division of the N. Y. Supreme Court. An order was signed by Justices Merrell, Martin O'Malley and Unter- myer affirming the decisions of the (Continued on page 15) Start Confabs For Studio Labor Pact Hollywood, March 4. — Union lead- ers were in a huddle yesterday and today on a new basic studio agreement to replace the pact which runs out March 14. The situation has been muddled be- cause of the jurisdictional fight be- (Continued on page 15) Studios Plan Big Reception TotheMPTOA Exhibitor Contacts Held An Aid to Producers Hollywood, March 4. — Every ef- fort is being made through the Pro- ducers' Association to line up major studios behind a program of entertain- ment for members of the M. P. T. O. A. at the annual convention here April 10 to 12. It is pretty generally agreed that contact between all branches of the production end of the business — execu- tives, directors and talent — with ex- hibitors from all sections of the coun- try will be mutually helpful, and for (Continued on page 10) Chicago Newsreel Ban Is Rescinded Chicago, March 4. — Chicago's po- lice department censor board yesterday lifted its ban on newsreel shots of the Socialist rebellion in Vienna, re- vealing that the police censors had not viewed the shots themselves, but had banned them after reading a descrip- tion of the shots in a newsreel release notice. Police Sergeant Harry Costello, in charge of the censorship division, de- clared following a showing of the clips that there was nothing objectionable about them. The shots were those of the shelling of the Karl Marx apart- ment building in Vienna. Chicago newspapers rushed to the ' (Continued on page 15) Hays Office Files "Narcotic" Protest Hollywood, March 4. — Claiming direct violation of the production and advertising code, the Hays office here has wired a complaint to the New York office against the picture "Nar- cotic," produced by Duane Esper and now showing at the President theatre. Advertising copy in the Los Angeles dailies is held to be salacious. No protest had been received at the New York office on Saturday. Who? What? When? Eleventh instalment of the biographies of the men who make up the code boards ap- pears on pages 13 and 14 to- day. MOTION PICTURE DAILY Monday, March 5, 19 MOTION PICTURE DAILY (Registered U. S. Patent Office) Vol. 35 March 5, 1934 No. 52 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. Clifford, manager; London Bureau: 6 Brookland Close, Hampstead Garden Suburb, Bernard Char man, Representative; Berlin Bureau: Berlin-Tem- pelhof, Kaiserin-Augustastrasse 28, Joachim K. Rutenberg, Representative; Paris Bu- reau: 19, Rue de la Cour-des-Noues, Pierre Autre, Representative; Rome Bureau: Viale Gorizia, Vittorio Malpassuti, Representative: Sydney Bureau: 102 Sussex Street, Cliff Holt, Representative; Mexico City Bureau: Apartado 269, James Lockhart, Representa- tive; Glasgow Bureau: 86 Dundrennan Road, G. Holmes, Representative; Budapest Bureau: 11 Olaaz Fasor 17, Endre Hevesi, Representative. 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. New Pact for Gable Hollywood, March 4. — Although Clark Gable's contract has several months to run, M-G-M has drawn a new one with a tilt in salary for him to sign when he returns from his per- sonal appearance tour. Three pictures are slatad for him — "Manhattan Melodrama," "Little Napoleon," based on the life of John McGraw, and "China Seas." May Allison Quirk Wed Elkton, Md., March 4. — May Alli- son Quirk, widow of James R. Quirk, former publisher of Photoplay, has been married here to Carl N. Os- borne of Cleveland. MOTION PICTURE ALMANAC 1934-35 NOW /// PR£PA/iA T/OA/ WHERE THE WORLD LOOKS FOR MOTION PICTURE •5* fact* Insiders' Outlook 4 Purely Personal SOL ROSENBLATT, who has had 20 years of industry strife dumped in his laps in much fewer months, hasn't a tougher one to solve than the most ami- cable way of handling the agents' situation in Hollywood. This may be news to the division ad- ministrator, by the way. Most employers and employes are death on agents, who know it well enough and, therefore, draw the conclusion justice won't be easy for them to get at the hands of a committee — proposed — of a producer, writer, actor, techni- cian and agent. . . . ▼ The agents already have doped it out that it's a case of four votes to their own one in any such set- up. The majority of producers prefer to deal directly with the employe, figuring the studio will come off best in any resulting deal. The employe, by custom, hires an agent to land work for him at the best possible terms. Sometimes it takes years of effort and expense to put a personality over and, more often than not, the agent ends up as excess bag- gage, holding a contract for com- mission which Hollywood wise- acres declare can be busted wide open on innumerable counts. . . . ▼ The code, as now drawn, pro- vides that the employe may bring any given case before a board of five, personnel as above. That, agents maintain, is unfair. Typi- cal case, all factual but minus names, is this : A certain agent, at his own expense, tested an actor who had enjoyed moderate success on the New York stage and arranged for a major pro- ducer to take a look. The pro- ducer ignored the agent, went into a dicker with the principal and closed a deal via long-dis- tance phone. The agent subse- quently presented his claim for commission. Actor and producer both testified in court the agent had nothing to do with the trans- action. Actor and producer won. In Hollywood, this is cited as typical of many which have gone before. . . . One of the national sales man- agers has issued the strictest of injunctions to his crew against the use of grosses in the sale of product. The idea, laudable on the part of this sales executive, is that the spirit, as well as the letter of the code, must be main- tained. His instructions, as a consequence, are so comprehen- sive they practically tie the man- agers' and the salesmen's hands against reverting to the long- established practice of telling the exhibitor how So-and-So did so much money in Blank town last week. The penalty is instant dis- missal. On the other hand, sell- ing demons are permitted to mention grosses without any tag as to theatre. Which reminds of Willie Collier's line: "Here we are, but where are we ?" . . . ▼ Another major has under seri- ous study a hike in percentage deals. It's all predicated on the theory business is better now and theatres able to stand an increase. Much, incidentally, has been said and talked re the status of theatre business. Conservative opinion maintains it is a fact grosses have improved somewhere be- tween 12 and 15 per cent as com- pared with like days in '33. This is what the other side of the national telescope shows. In some territories it's much better than that. Take Miami and environs, for instance. . . . Don't look for fireworks out of Washington and the general parley of code authorities this week. None on schedule, al- though it's best not to be too em- phatic about such matters. . . . "All Quiet" reissue will be ready shortly. . . . McLaglen and Lowe do another Quirt and Flagg in "No More Women," this time mostly under sea. Vic is known as Forty Fathoms, a diver, but a Swede comedy relief in the pic- ture insists on changing the vowel to the first letter of the alphabet with results supposed to be funnv, but not. . . . KANN Trading Light on Big Board Columbia Pictures vtc Consolidated Film Industries Consolidated Film Industries, pfd. Fox Film "A" Loew's, Inc Warner Bros. Loew's 6s '41 ww deb rights. Paramount Broadway 554s '51 Paramount Publix 5%s, '50.. Net High Low Close Change Sales 24=4 2454 2454 100 434 434 434 + *s 200 1654 1654 1654 - 54 100 1534 1554 1554, 100 i2Vs 3ZVs 32'A — 34 5.000 554 5 55i 4.600 4 3?A m 4.900 2054 mi 2051 — 54 1.800 4 w 3% + % 7.000 7JA 75* - Vt 500 onds U p One Net High Low Close Change Sales 11 1054 lOM + 34 31 1054 934 9% 22 96 95Zi 95% + H 15 36 36 36 S 483,4 48 4854 +1 32 ssy2 5554 5554 14 TOE HUMMEL, general forti k) sales manager for Warners, 1 arrived in Johannesburg, South Afri on his round-the-world business ti His next stop will be Singapore. Dave Palfrey man figures on t; ing in the M.P.T.O.A. convention Los Angeles next month. To Muto, ditto, only he will fly. Arthur Ayiesworth, stage coi dian, has been signed by Warners ; will leave for the coast in about days. Howard Dietz is due in tomon; from Hollywood and may h \ Howard Strickling in tow. Ritz Brothers have been enga: by Educational for Al Christie' j n musical comedy short. Rowland Brown has arrived at j Warwick on his way to Europe to j rect an English picture. Doug Fairbanks, Jr., will dc stage play in London opposite G trude Lawrence. Lawyer Bill Fitelson hits tl shores again from Europe on Thi day. James R. Grainger goes to coast again in April, date not set Bob Sisk is contemplating — v relish — a trip to Florida. R. H. Cochrane's health ha been so good of late. Hal Horne still ill. May go sc to catch sunshine. Jules Levy started west yesten via the Canal. George Schaefer not back f: Florida yet. Warners Put on Sh For Trade Showin, Warners will put on their spi trade showing in all exchanges morrow both in this country Canada. In each key city arrat ments have been made for out-of-t visitors at hotels, and luncheons radio broadcasts are included in programs The pictures to be sh are: "Wonder Bar," "Journal c Crime," "As the Earth Tur "Jimmy, the Gent," "Gambling L'c and "Harold Teen." THE MAYFLOWE1 61st STREET, (Central Park We New York City CONVENIENT TO TH FILM AND THEATRICAL CENTE 1-2-3 Rooms. Full Hotel Servict FURNISHED OR UNFURNISHI By the Year, Month or Day Serving Pantries Electric Refrigeration JOHN W. HEATH, Manager MOTION PICTURE DAILY Monday, March 5, 1934 Short Subjects "Vaudeville Days" ( Mentone-U niversal) This short brings to the screen a number of prominent vaudeville art- ists, each of whom gives a sample of his or her specialty. Among them are Sibyl Bowan, Peter Higgins, Jack Seymour, Elsie and Herman, Kay and Jimmy and Ann Lester. All right. Running time, 21 mins. "Owl and Pussy Cat" (Educational ) This is good kid entertainment. It is one of the "Terry-Toon" series, with a prospective wedding of two cats in- terrupted by the old man. It is fol- lowed by an elopement with the mice doing chorus formations. It has in- cidental music. Running time, 5^4 mins. "Hollywood on Parade" (Paramount) Number B-7 of the series features Shipwreck Kelly, flagpole sitter, and the usual quota of stars, including Joe E. Brown, Mary Pickford, Char- lie Chaplin, Richard Barthelmess, William Powell, Carole Lombard, Lupe Velez and Edmund Lowe. Good entertainment. Running time, 11 mins. "Sock-a-Bye-Baby" (Paramount) Popeye, the Sailor, again on the rampage. In this one he is trying to put a small child to sleep, and to keep things quiet. To stop various noises, he wrecks buildings, cars, and even sinks a ship. Amusing, but weak com- pared to others of the series. Run- ning time, 7 mins. "The Wrong, Wrong Trail" ( Vitaphone) With Block and Sully, vaude stars, this one is a howl. Jesse Block as an amateur detective finds himself in- vestigating a case in a sanitarium for the mentally deficient. Eve Sully, as a nurse, combines with him to hand out the laughs. Running time, 10 mins. "Spanish America" ( Vitaphone) An entertaining and instructive E. M. Newman "Musical Journey" that deals with the native customs of Havana and Panama, rather than presenting the unual stock scenic shots. Running time, 10 mins.' "GooHe Movies" No. 2 (M-G-M) Second of the burlesque newsreel series. It shows the landing of Columbus in costumes of the period followed by a Broadway reception with ticker tape, and some other bur- lesque clips. Good for a few laughs. Running time, 10 mins. "The Toy Shoppe" ( Lanz- U niversal) Oswald this time appears as a toy- maker. One night after he goes to bed the toys come to life, some behaving themselves nicely and some not. There is a row over a lovely Dutch doll. The fuss awakens Oswald, who gets to the shop only to find a broken jack-in- Looking 'Em Over "The Dream of My People" (Palestine- American Film Co.) Instructive and entertaining at the same time, "The Dream of My People" is a travelogue tracing the history of Palestine, ancient and modern. The film is a tribute to Jewish enterprise. To have been able to conquer the shifting sands of the Holy Land and build on so insecure a foundation communities to rival those of the western world is indeed an achievement to be proud of. The picture creates the feeling that, while life in Palestine may be hard, it is simple and wholesome and full of contentment. It is certainly a strange impression to see the old and the new abiding side by side. Never before has there been offered so comprehensive a film record of present-day existence in the Holy Land. The photography has made the record extremely easy to contemplate. It is an interesting experience to view the places which are so bound up with the life of Christ and the history of Israel. Important to the film must be considered the voice of the late Cantor Joseph Rosenblatt, who was deeply reverenced by his race. He is shown in person and heard singing at intervals traditional Hebrew tunes beautifully and expressive with feeling. There is a running commentary in English. The picture is chiefly valuable in dense centers of Jewish population. "Texas Tornado" (First Division) The rustlers are at it again, this time in "Texas Tornado," a Willis Kent production. And if they ever got a nastier beating, there is no recollection of it. In this instance, the beating is administered primarily by Lane Chandler, whose knuckles must have been pretty raw by the time he got through with the job. In truth, "Texas Tornado" is one slam-bang fight after another, which means there is never a dull mo- ment in the whole of it, even though the story is old and decrepit. Chandler is a Texas Ranger out to break up a rustling gang. He passes himself off as a Chicago yegg (Mike Brand) whom he had cap- tured while the latter was on his way to join the outfit. The gang is try- ing to get hold of the ranch operated by Doris Hill's uncle by stealing his cattle, thereby forcing him to fall down on his payments on the prop- erty. The reason they want it is that the government plans to buy it for an irrigation project. The gang sets Chandler to work on the ranch. When it is discovered what he is up to, they turn on the fire- works. But Chandler comes out on top and gets Miss Hill as his per- sonal reward. Oliver Drake directed the production, which has among its other play- ers Frank Glendon, Ben Corbett and Yakima Canutt. 'Mystery Liner' (Monogram) Who is trying to steal the secret of remote control of ships by radio and the means by which they break the necks of two men and nearly poison another furnish all the mystery and whatever there is of dramatic interest in the story. The love element is minor, although in two or three scenes there seems to be some rivalry between the first and second officers of the ship for the affections of Astrid Allwyn, a trained nurse. After a series of introductory scenes the story seems about set to get started somewhere, but somehow or other never actually does. After Noah Beery, the captain, has supposedly been taken off and sent to an asylum the ship puts to sea with an assortment of passen- gers for a test of the radio control apparatus. Edwin Maxwell is sup- posed to be a detective trying to solve the attempted murder of the in- ventor. Gustav von Seyffertitz is suspected as a foreigner looking for control of the apparatus. Beery pops out of the darkness like a ghost. There is a lot of running around and going through secret panels. Additional reviews on page 7. the-box as mute evidence of what has happened. The idea has been used repeatedly in cartoons, but it still re- tains some entertainment quality. Run- ning time, 7 mins. "Knife of the Party" (Van Beuren-RKO) . . This has names, a surprising vari- ety of scenes and some good looking girls as well as incidental music by Meyer Davis' Orchestra. The names include Lillian Miles, Jack Good. Shemp Howard, James Fox, Charles Senna, Rogers & Anthony, the Girl Friends, Gertrude Mudge and Leo Kennedy. The story is light — a traveling stage unit is stuck when the customers pay their admissions in vegetables and they have to work out their hotel bill. Some of the gags are good. Running time. 20 mins. Short Subjects "Babes in the Goods" (M-G-M) It's a burlesque on one of tho5 window demonstrations where a coupl of girls contrast hand dishwashir; with the electric machine process. A closing time Thelma Todd and Pat Kelly are sent in to substitute for tli two regular demonstrators. They gf the dishes in a laundry machine an pull a number of gags while Arthu Housman out front occupies the cente of the crowd. They are locked in an are forced to go to bed in the furni ture display window. Plenty of fui and quite some lingerie displayed Running time, 19 mins. "Let's All Sing Like th Birdies" ( Paramount ) An amusing Screen Song featurinj Les Reis and Artie Dunn, radio sonj sters and comedians, with their veil sion of the popular song, "Let's Aj Sing JLike the Birdie.-.." Runniti! time. 7 mins. "Picture Palace" (Vitaphone ) A very entertaining short subjei starring Hal LeRoy and Dawn O'Da It has comedy, music and the swe dancing of the two stars. Jack Fu ton, of radio fame, is also feature The plot, though miniature, cou easily have been worked into a fe; turc. Running time, 21 mins. "Full Coverage" (Warren Doane-U niversal) Henry Armetta takes out an insu ance policy from his brother-in-la- When he hears the latter and his wi talking about killing a dog which h been giving a lot of trouble. Armet* thinks they are referring to him. the two steal into the bedroom to gi the dog the works, he goes for the with a shotgun. Fairly entertainir Running time, 21 mins. "Traveling the Road" (Educational) Practically all the action is la among a group of hoboes cooking night alongside a railroad track, wi varying shots of moving trains C in while the group sings. Alexand Gray does a number of songs and joined by the Ritz Quartet. It w produced by Al Christie. Mildly e tertaining. Running time, 9y2 min "Vital Victuals" (M-G-M) Has considerable woman appeal 1 cause it gives some tips about cooki and at the same time is good ent< tainment for the men, because t girls in the cooking class are go lookers. Paul Porcasi is amusing the chef. The number is done Technicolor with remarks by Pi Smith. Has a lot of producti value. Running time, 20 mins. "Where's Elmer?" (Universal) Big shot gangster, Dewey Rob: son, decides to beat it to avoid bei put on the spot and leaves Vince B; nett in charge of the gang. Barn stops a bullet coming from the re and when he gets his hospital bill decides hospitals are a racket. 1 and the gang buv the institution. T (.Continued on pape 10) londay, March 5, 1934 MOTION PICTURE DAILY Chicago Tips $38,000 Take To"Carolina' Chicago, March 4. — "Carolina" oved the best box-office bet of the eek, boosting the gross at B. & .'> Chicago to $38,000 for the week, ext to take the public fancy was li Nellie," which gave the Mc- ickers a strong $12,500. "Devil ,ger" at the Roosevelt pulled plenty customers to drag in $9,000. Business at other spots was indif- rent, the Oriental holding to six .ys of the third week with "Queen iristina" and United Artists doing :e\vise with "Nana." In the final eek the Garbo opus nosed out srana" by some $2,000. Total first run business was $104,- 0. Average is $137,000. Estimated takings: Week Ending Feb. 21: "NANA" (U. A.) •MTED ARTISTS— (1.700). 30c-40c-60c, week, 7 days. Gross, $9,000. (Average, .000. Week Ending Feb. 22: "CAROLINA" (Fox) •HICAGO— (4,000). 35c-50c-68c, 7 days, lire- Doris Kenyon, Eddie Garr. Lewis Van. Gross: $38,000. (Average, $34,- "I AM SUZANNE" (Fox) ALACE-(2.509), 35c-50c-75c, 7 days, jge: Jack Haley. Benny Rubm. Sylvia Eos & others. Gross: $18,000. (Aver- |L $22,000.) Week Ending Feb. 23: "MI, NELLIE" (Warners) IcVICKERS-(2,284), 30c-40c60c, 7 s Gross: $12,500. (Average. $13,000.) "QUEEN CHRISTINA" (M-G-M) RI E N'T AL— (3,940), 30c-40c-60c. 3rd 4k 7 days. Gross: $11,000. (Average. 1000.) „ „ "DEVIL TIGER" (Fox) OOSEVELT— (1.591). 25c-35c-50c. 7 , s. Gross: $9,000. (Average, $11,000.) Week Ending Feb. 24: "BEFORE MIDNIGHT" (Col.) TATE-LAKE— (2,776). 20c-25c-33c, 7 s. Stage: Lew Park and Gang. Gross: „000. (Average, $17,000.) sench Company May Make Pictures Here ■\\m Union, S. A., distributors of iio pictures in France, Belgium and hitzerland, may enter the production f d in this country, turning out ::nch versions of American films, it t,i revealed here yesterday by Valde- llr D. Bell, the firm's official repre- I tative in the United States. Plans pJ that end are now under considera- p'l and if favorable action is taken ! duction facilities will be set up on I coast. | 'his information followed on the F,ls of an announcement made by . ire Chalus, directing head of Film ;' on. before sailing for home re- |C tly after conferences with officials I Radio Pictures, that an American rich would be established in the nch Building in Radio City to dis- I ute French pictures in this coun- i and to serve as a contact between - erican and French film interests. ell also disclosed that Film Union I toying with the idea of acquir- i a New York house for the exhibi- 1 of productions made in France. I said the first French picture to 1 distributed by the company in the 1 ted States would be a talking pic- j version of the Cervantes classic, I >n Quixote," with Chaliapin in the r ie part. Vandor Film Co. is the V iucer. MOTION PICTURE DAILY* HOLLYWOOD PREVIEW "Honor of the West" {Universal) Hollywood, March 4. — Ken Maynard, portraying a dual role, appears as the sheriff and his zero-moraled brother in this story of the early west. The brother runs a grocery store and becomes implicated with a gang in a safe robbery and makes a getaway with Ken's girl, a part played by Cecilia Parker, who has plenty of allure. The sheriff loses his badge and is held by part of the gang. He escapes and heads for the bandits' hideout. After several hair-raising chases, he arrives in time to find the girl battling against the advances of the gang chief, gets both the money and the girl and makes the usual getaway. The brother, who has been wounded defending the girl from insults from the bandit, fires a cave of dynamite, blowing himself and the gang to parts unknown. All ends happily for the sheriff and his gal. Maynard is his usual self, but in this case is doubly so because of the extra work called for by the dual characters. He is ably supported by Fred Kohler, Frank Hagney and Jack Rockwell. Good performances are also given by Jim Marcus, Al Smith, Eddie Barnes and Franklin Farnum. Alan James did a nice job of directing with good photography by Ted McCord. N. O. Independents Protest Two Names "Harold Teen" {Warners) Hollywood, March 4. — "Harold Teen," translated to the screen from the cartoon strip of the same title, emerges on film as light entertain- ment. Retaining some of the quality of the pen and ink characters, represent- ing adolescents of high school age, the film adds a modern trend to the back stage plot with high school kids in their amateur show. A moon calf love between Harold Teen (Hal LeRoy) and Lillums (Rochelle Hudson) hits the rocks when a local banker, Snatcher (Doug- las Dumbrille), takes an interest in Rochelle. The banker's daughter, Mimi (Patricia Ellis), can't see a stepmother younger than herself. When Snatcher sends Lillums a beautiful wedding gown to be worn in a stage show number. "Collegiate Wedding," Mimi runs out on her stage role, leaving LeRoy to cover up the stage wait by his clog dance and a kiss fadeout with Lillums. LeRoy's clog is a feature of the film. The production is mildly amusing, has some gay scenes, and may please followers of the cartoon strip. Hold Chicago Union Man After Shooting Chicago, March 4. — Clyde Oster- berg, bodyguard for Tom Maloy, head of the operators' union, is held by the police on a charge of assault with attempt to murder. The warrant was sworn out by Emmet Quinn, steward of the union, who was shot through the thumb. Several months ago Osterberg charged that he had been beaten up by Quinn in the union offices. He is al- leged to have gotten into an argu ment with Quinn near the union headquarters at Congress St. and Wabash Ave. last Friday night. Felipe Mier in Town Felipe Mier, Warner-First Na- tional manager in Mexico, is in town for conferences with Karl MacDon- ald, Latin American division manager at the home office. He will be here about a week. W. C. Fields Sells Story Hollywood, March 4. — W. C Fields has sold his original story, "Greasepaint," to Paramount. Fields will also have a starring role. Educational- Amity Dismissal Refused The Appellate Division on Saturday upheld a N. Y. Supreme Court order denying a motion by Educational to dismiss an action for an accounting of profits brought against it by Amity Pictures, and ordered the case to an early trial. Amity acquired the rights to Tiffany pictures and alleges in its complaint that money is due it on certain Tiffany releases distributed by Educational. E. W. Hammons is now under exami- nation before trial by Fitelson & Mayers, attorneys for Amity. Goldstein Closes Deal E. H. Goldstein, executive vice- president of Majestic Pictures, has closed a deal for all the serial rights on "Unknown Blonde," now running in the Mirror, so that it can be pub- lished in papers throughout the coun- try. New Orleans, March 4. — Inde- pendent exhibitors, according to Henry Lazarus, operator of the Newcomb, Wonderland and Coliseum, have pro- tested to Administrator Hugh S. John- son regarding the appointment of Ber Kiern, owner of the Happy Hour, to the grievance board on the ground that he is not an independent, but is affiliated with a circuit. Protests have also been made against Herbert J. Schwartz, also on the grievance board, as he is presi- dent of the Maison Blanche Co., which owns stock in radio station WSMB. Wallace-Erpi Deal On Hollywood, March 4. — Pending completion of arrangements whereby he will direct one or more pictures to be financed by Erpi, Richard Wallace is back to direct one production for either Fox or RKO. Quittner Appeal as Pauper Not Granted An order denying Joseph Quittner, Middletown, N. Y., exhibitor, the right to appeal as a pauper the $5,000,- 000 anti-trust suit brought by him against major companies and the M.P.P.D.A. last year, was issued Saturday by Federal Judge Francis G. Caffey "without prejudice" to his making a similar appeal again in either the U. S. District Court or the U. S. Circuit Court of Appeals. Graham & Reynolds, attorneys for Quittner, stated Saturday that the petition would be made in the circuit court sometime this week. The peti- tion to appeal as a pauper seeks leave to bring the case to the higher court without printing the voluminous record of the trial in Federal district court here. Lightman Summons Tri-State's Board Memphis, March 4. — M. A. Light- man, president, has called the board of directors of M. P. T. O. of Ark- ansas, Mississippi and Tennessee into session at Hotel Chisca here next Tuesday to make plans for the semi- annual Tri-State convention. The convention will probably be held April 1-2 in advance of the national meeting in Los Angeles. Ed Kuyken- dall, national president, is expected to attend. The program will include code board discussions and a consideration of the relations of the new Independent Theatre Owners of Arkansas to M. P. T. O. Hits $750 on Opening Dallas, March 4. — "As the Earth Turns" got off to a big start at the Melba, doing $750 the opening night, which was Friday. Nearest approach is reported to be the opening of "Roman Scandals" at $690. Tracy Eyes London Hollywood, March 4. — Lee Tracy is considering an offer from British International and probably will accept, leaving for London around April 1. Yaffa Resumes Control Harmon Yaffa has resumed control of the Gem and Majestic on Washing- ton Heights and is no longer con- nected with Lee Ochs. Sign Dolores Del Rio Hollywood, March 4. — Warners have signed Dolores Del Rio to a long-term contract, effective after one more for Radio. Produced by Carl Laemmle. Jr., from the book by Erich Maria Remarque. Directed by Lewis Milestone. Presented by Carl Laemmle. Another great stroke of showmanship by UNIVERSAL . . . re-releasing NOW the greatest WAR picture ever produced • . . giving you the opportunity to tune your theatre in to the current world- wide wave of war talk! • • . Handle this picture like a SHOWMAN right now and you'll CLEAN UP!... New ad mats tying up to the present now ready ! • • . New paper! . . . EVERYTHING to make it easy for YOU! All QUIET THE fl^Q fl^Q MOTION PICTURE DAILY 10 Chicago Film Men Pleased With Boards {Continued from page 1) grievances is equally satisfactory left some room for doubt. Mason, state senator from 1922 to 1930 and said to have been recommended by the Cham- ber of Commerce, has in past years sat in on half a dozen film cases in a similar capacity. Whether he could be regarded as a strictly "impartial" representative was questioned in cer- tain quarters. Otherwise the general feeling pre- vails that now that the boards are named the most important considera- tion is to get their functioning started. What differences of opinion actually exist over the personnel are minor and individual, and both circuit and inde- pendent exhibitors are of a mind to give the boards every opportunity to work out local problems on an equita- ble basis. Portland's Board Appointees Liked (Continued from pane 1) Charles F. Powers, Fox; Howard Mapes, Star Film Exchange ; J. J. Parker, long head of the Broadway and United Artists theatres, and Guy Matthews, exhibitor at Dalles, Ore. Members of the clearance and zon- ing board are all well known here. They are personally popular and those who comment believe their decisions will be fair. Louis Amacher is a veteran at the M-G-M exchange ; James Beals is Columbia manager ; Andrew Saso is manager of Ham- rick's Music Box. George Jackson and William Cutts are also well liked. The only note of criticism is over the naming of Al Finkelstein of Ever- green State on the ground that he heads a second run circuit and is ab- sent in Seattle most of the time. Amateur Movie Book Out William J. Shannon, secretary of Moorefield & Shannon, Nutley, N. J., publishers, has turned out a 219-page book called "Movie Making Made Easy" in which he details nine years of experience as an amateur movie maker. He covers the field from the selection and care of cameras to the completed product, including the making of Kodacolor films. In the 26 chapters the amateur is told how to load his camera, how to light his sub- jects, to develop, print and project his film ; how to organize amateur clubs, prepare scenarios, make titles and ani- mations, etc. Shannon says there are 300,000 amateurs with 16 and 8 mm. cameras and the book is intended to solve their problems. — J. M. J. Levine Forms Company M. Leon Levine, builder and one- time operator of the Windsor and Sen- ate in Brooklyn, has formed Central Distributors to engage in distribu- tion and film financing. Domestic re- lease is planned via the state rights market. Chambers, Joffee Move Kansas City, March 4. — Stanley Chambers, for a numbers of years in a managerial capacity with Fox Mid- west and Fox West Coast, has been named manager of the first-run Fox Uptown here. Barney Joffee, whom Chambers succeeds, may be transferred to Wichita as Fox city manager. Gorrel Acquires Product Denver, March 4. — Al Gorrel has taken the Denver territory for "Elysia," "Eat 'Em Alive," Edwin C. Hill shorts and Master Art produc- tions. Some of these he will also sell in the Salt Lake territory. "Where's Elmer?" {Universal} (Continued from pope b) gang goes out and gets the patients by running into automobiles with a heavy car, throwing banana peels around and using other strong arm methods. Plenty of laughs. Running time, 20 mins. "Big City Fantasy" { Vitaphone) Featuring Phil Spitalny and his orchestra, this is one of the best of the "Melody Master" series. By clever arrangements, popular, mod- ern and Russian music is woven into one tune. Running time, 10 mins. "Mushrooms" {Vitaphone) With Harry Gribbon and Shemp Howard, this one falls just short of being a laugh riot. With Gribbon as a connoisseur of mushrooms, and with Howard as a guest in his home, they should panic any audience. Running time, 17 mins. "Strange As It Seems" {Universal) This is No. 37 of the John Hix novelties, and pretty entertaining it is. Shown are an artist who works with his hands and his feet simultaneously, the training of police dogs to lead the blind, a duck employed as a pet and a number of equally strange realities. Running time, 10 mins. "Just an Echo" {Paramount) With Bing Crosby and Mary Korn- man, aided by the comedy of Vernon Dent, this is a pip of a short. Crosby, as a forest ranger, sings several songs, including the popular "Just an Echo in the Valley." With a miniature plot, good acting and swell comedy, this should go well anywhere. Running time, 20 mins. "Love on a Ladder" {Radio) Florence Lake tries to get Edgar Kennedy to restore the love tactics of his youth on their 10th wedding anni- versary. He gets out his old sailor suit and guitar and is about to climb a ladder to her bedroom when the volunteer firemen, in passing, drag him into a billiard tournament. After a series of happenings he rescues his mother-in-law from a hotel window by mistake. It's quite funny. Running- time, 18 mins. Form New Exchange Kansas City, March 4. — Herman and Phil Silverman have closed the Independent Film Corp. and are now doing business as the Silent Film Ex- change. The Independent firm, owned by Joe Silverman of Dallas, a third brother, was a flourishing distributor before talking pictures reduced its possibilities. M-G-M Holds Ralston Hollywood, March 4.— M-G-M has taken up an option on Esther Ralston's contract. She is now being tested for a role in the Joan Crawford picture, "Sadie McKee." "Jolly Good Fellows" {Van Beuren-RKO) O. Soglow's cartoon king descends from his throne and decides to visit the royal prison. On his way he falls out of the royal coach and rides in on a bicycle in a basket of laundry. He helps a prisoner lose a checker game and starts a prison riot. Good fun for the kids. Running time, 9 mins. "Screen Souvenirs" {Paramount 3-8) Conventional, but having more than the usual quota of laughs, this "Screen Souvenir" takes the audi- ence back to 1908, with its autos, airplanes and customs, and with the usual melodrama. Running time, 12 mins. "Born April Firsf {Warren Doane-U niversal) Sterling Holloway is having a birth- day. His aunts, at the instigation of his sweetheart, decide it is high time for him to get some spunk. So they set about making a man of him. They get him liquored up when a rival calls for his gal to test him out. He lets the fellow have it. Gloria Shea is the girl. No better than mild. Running time, 21 mins. "Holy Land" {Van Beuren-RKO) One of the "Vagabond Adventure" series. Opening scenes are laid in Jaffa, and the scenes include the sea of Galilee, Jerusalem, the Damascus Gate, the Wailing Wall, Tower of David, Holy Sepulchre and other well known spots. There are also some religious interiors with the singing of hvmns in various languages. In addi- tion to the narrative there are many native sounds. Interesting. Running time, 10 mins. "Derby Decade" ( Van Beuren-RKO ) The Bowery in the gay '90's fur- nishes the background for some good singing by Ruth Etting and rough and tumble comedy in which Tom Kennedy, Harry Bowen, Eddie Baker. Eddie Borden, Leslie Goodwin and Jean Fontai take part. Kennedy installs electric lights in his barroom cafe and two rival gangs at the opening show stop hostilities only when Miss Etting is singing. A group of uptown reformers get into the fray. Plenty of laughs. Running time, 2\y2 mins. Monday, March 5, I93H Studios Plan Big Reception TotheMPTOA (Continued from pane 1) this reason plans are to be made t enable the delegates to visit the majo plants and see pictures actually i work as well as to provide as man informal personal contacts as poe sible. Studio luncheons probably will b arranged and it is considered likel that a demonstration of the high das ballyhoo reserved for distinguish^ visitors will be put on from the tim of the arrival of the conventioneer to their departure four days later. Special rates and accommodatior have already been set by Ben Berit, stein at the Ambassador with min mum rates of $5 single and $7 doubl and word is being awaited here as t the probable number of delegates 1 come in on two special trains froi New Orleans and from Chicago. Buffalo Lays Plans For a Variety Clu Buffalo, March 4. — The tent of tl Variety Club, seventh organized ui der the big top, will be under w; here within 10 days. Dave Mille president of the Film Board of Tra( and manager of Universal, presided a preliminary meeting of 22 prospe tive barkers earlier this week. Coi siderable enthusiasm was evinced. Miller heads the organization con mittee, of which Herbert T. Silve berg, film attorney, is secretar Others on it are: Jules H. Michat chairman of the Buffalo zone, M. J T. O.; Edward K. (Ted) O'Shea, i(| G-M manager; Harry T. Dixon, R;: dio manager ; Murray Whiteman, son] shop proprietor; Isaac R. Lounsberrj general manager of the Buffalo Broa< casting Corp. ; George Gamble, pn prietor of the Unity, and Sidney 1 Pfeifer, film attorney. Philadelphia, March 4— A chaj ter of the Variety Club is in tl works for the Quaker City. Academy Will Limit Speeches at Dinne Hollywood, March 4. — Speech* will be held to a minimum at the ai nual Academy awards banquet Man 16. The affair will be a dinner-dani with music by Duke Ellington's o chestra. Other entertainment is beii lined up. Names submitted for the fir awards to assistant directors includi Fox, William Tummel and Pen Ikerd ; M-G-M, Charles Dorian, Jol Waters and Bunny Dull ; Paramour Arthur Jacobson, Sidney Brod ar Charles Barton ; Radio, Dewey Sta key and Eddie Killey; United Artist Fred Fox and Benjamin Silvey ; Un versal, Scott Beal, Billy Reiter ar j Joe MacDonough ; Warners, Gord< Hollingshead, Al Alborn and Frar Shaw. "Rothschild" to Astor "House of Rothschild" will folio "Catherine, the Great" into the Astc The date has not been set, but pro ably will be March 14. Looking Over Shorts it HMlE W0RlD PAUSED WHILE HE MADE LOVE! most fascinating lover le world has ever known F R E D R I C W A R ( j SACRAMENTO, CALIF., It opened to two and one- half times average business and closed to better than twice average business! CHICAGO, ILL., Oriental Theatre — opening day capacity business and side- walk holdout all day for a show that ran but 1 hour and 55 minutes. DEATH TAKES A HOLIDA with EVELYN VENABLE — SIR GUY STANDING — KENT TAYLI A Paramount Picture, Directed by Mitchell Leisi J MOTION PICTURE DAILY Who? What? When? Eleventh instalment in a biographical series on the men who make up the code boards. >nday, March 5, 1934 Atlanta Atlanta, March 4.— Dave Prince, presenting affiliated national distrib- i>rs on the Atlanta grievance board, branch manager for Paramount. » has the confidence of exhibitors d is said to wield a supreme author- in the administration of his of- e in that his recommendations are rariably acceptable to his home- ice heads. While a keen business ecutive in the interest of his em- bers, he is looked on as eminently § in all his dealings. Prince was rn in Jacksonville, 111., on May 7, 89 and received his training in the siness under John Cecil Graham len the latter was manager of the vanson-Crawford Exchange in St. mis. There Prince was employed booker in 1919. Later, he shifted General Film as booker in Dallas, bsequently becoming branch mana- r. In March, 1923, Famous Play- s offered him the post of branch nager in Atlanta. He hasn't budged ce then. Arthur C. Bromberg, representing affiliated distributors on grievances, a Southerner and hails Mobile, It, as his birthplace and the date % 9, 1884. He was educated at the rton Academy in that city and went im the piano manufacturing busi- es to theatres in Birmingham in as- i iation with his brother, F. W. bmberg, a jeweler. This was from 1*6-1909- In order to protect an in- :tment on a jewelry store lease, omberg opened the Edsonia in that ibama city; it was the third five t theatre in town. From 1907 to 8 he operated the Birmingham m Exchange and in the latter year ame manager of the Birmingham 7i and Supply Co. Later came an ■ociation with Louis Mitchell in leral Film covering Memphis and [:le Rock and in 1910 managership ■ the Birmingham branch of the S:ie Film Co. When that company Lid itself in a merger, Bromberg I; transferred to Atlanta as mana- F of the Consolidated Film and Sup- ■ Co. In 1912 he was manager for Itual here, then left, then returned fc -e months later to remain until inception of Triangle in 1915. He ained with that company four 's and in 1920 organized the Ar- • C. Bromberg Attractions, later ing the Educational franchise for Atlanta territory. Four years r he sold it. Now Bromberg is the head of his own company i his own exchanges here and in inta, Charlotte, New Orleans and . ipa and distributes Monogram as . as other independent product. enjoys much goodwill among theastern exhibitors. Bromberg ■ red in the early deliberations of I code and is viewed by impartial ► rvers as a man of positive opin- |, but always fair in his dealings. Jconel H. Keene, representing af- iced exhibitors on grievances, is a |ran in the Loew ranks and a pro- of E. A. Schiller, vice-president he company. He joined the or- g zation in 1917 and was assigned V agement of the Bijou, Birming- b . When the circuit built the War- in San Francisco, Keene was ti sferred there as general manager P ;r Schiller and had complete say " he operation of the theatre and ■ building of its shows. It was in or thereabouts that he was s ted to New York as Schiller's a tant and in 1926 that he was ap- pointed Southern divisional manager in charge of Loew houses in Atlanta, Memphis, Nashville, New Orleans, Louisville, Houston and Evansville — a sector which gives Keene plenty of opportunity to become familiar with the landscape. Before his long asso- ciation with Loew, he was treasurer for Sothern and Marlowe on the road. While a partisan on all mat- ters affecting his company, Keene is viewed as being quite fair in his at- titude toward the industry and its problems at large. Nat M. Williams, representing unaffiliated exhibitors on grievances, was born in Quitman, Ga., on July 31, 1899 and enlisted in the marines the day following his graduation from high school, serving in the 6th Regi- ment, 2nd Division, A. E. F. He also includes in his past a job as a newspaper columnist. Williams makes his home in Thomasville, Ga., winter home of the Whitneys, et als., where he operates the Rose (900 seats) and also the Ilex (350) in Quitman, Ga., and the Manavista (320) in Chipley, Fla., both of which are in the vicinity of each other. He is president of the Southeastern Theatre Owners' Ass'n, serving his second term although not successively. He enjoys the confi- dence of all branches in the industry, is a great fisherman, being official host to many fishing parties every year out in the Gulf of Mexico, which laps the edges of Florida near his home town of Thomasville, and is aggressive in the conduct of anything to which he puts his hand. Williams has been president of the Thomasville Chamber of Commerce and has also served as chairman of the Rose Com- mittee of his city, noted for the pro- fusion of roses which are grown there in private estates and on the public Milton C. Guggenheimer, who rep- resents the government as impartial member of the Buffalo grievance board, is best known for his devoted service to the Boy Scout cause. For 22 years, or ever since he en- tertained Sir Arthur Baden Powell in Buffalo in 1912, Guggenheimer has taken an active interest in scout work. He organized Troop 7 in Buffalo, be- came its first scoutmaster, and has taken over increasingly important duties in the organization until today he is president of the Buffalo council, a member of the regional council and a member of the executive committee of the national council. Guggenheimer is a member of the executive board of Nichols school, well known Buffalo "prep" school for boys. He formerly was vice- president of J. L. Markell & Co., in- vestment brokers. Later he organ- ized his own investment service, but business has taken increasingly less of his time in recent years as he has plunged more extensively into scout work. highways and which draw thousands of persons to the city in spring of each year. The Southeastern asso- ciation is an affiliate of the national M. P. T. O. A. Roy LeCraw, impartial member on grievances, is a native of Atlanta, a former president of the Chamber of Commerce, and has and is devot- ing much of his time to the advance- ment of the interests of the city and state nationally. He is a member of the Atlanta Convention Bureau Com- mittee and a zealous partisan of the city and state. His aggressiveness made of the Chamber of Commerce a vital factor in local affairs in 1932, the worst year of the depression years in the vicinity of Atlanta. He is re- garded as honest and fair and as lending immeasurable, potential aid to the work of the committee. He is local representative of the State Life Insurance Company of Indiana and probably one of the South's most suc- cessful young business men. His brother, Walter LeCraw, is a mem- ber of the staff of the solicitor gen- eral of Fulton County. James W. ("Jimmie") Hanlon, representing affiliated national distrib- utors on clearance and zoning, is one of the best liked members of the fra- ternity in this territory. He knows the business from various angles, hav- ing worked in practically every ca- pacity from shipping clerk, booker and salesman to his present position as M-G-M manager here. He obtained his early experience with S. A. Lynch when the latter was distributing Par- amount in the Southeast and South- west under long-term franchise. After the world war upon his discharge from the army, he was associated with Fox under direction of Sam Dr. Peter C. Cornell, who repre- sents the government as the impartial member of the Buffalo clearance and zoning board, is the father of Katha- rine Cornell, famous stage actress. A native Buffalonian, Dr. Cornell has spent most of his life here except for the period spent abroad in getting his education. He had extensive medical training in Germany and took his degree, but never has practiced medicine. Dr. Cornell managed the Majestic, a legitimate road show and stock house here, for 25 years. He and E. D. Stair, Detroit publisher and theatrical magnate, were partners in various theatrical ventures. Retiring from the field seven years ago, Dr. Cornell became one of the most prominent upstate New York indus- trialists and capitalists. He was a leader in the formation of the Trico Products, Inc., manufac- turers of automobile accessories. For- merly an officer and director, Dr. Cor- nell still is a director of Trico. He is a lifelong Democrat. 13 Dembow, then branch manager at At- lanta. Shortly after leaving Fox Hanlon was connected with Select and until 1924. On March 31, 1924, he joined M-G-M as booker, was made acting manager on Jan. 3, 1925 and branch manager on May 2, 1925. Code Authority erroneously listed his name as Hamlin. W. W. Anderson, representing un- affiliated distributors on clearance and zoning, was born in Chicago on April 28, 1887 and has a grown son who is a doctor of dentistry. Anderson pere worked for his father in the grocery and meat business for two years after completing school and in 1907 entered the theatre business in that city to remain until 1913 when he sold out to become a booker for Pathe. He later became office man- ager and inspector booker for the entire Middle West. As assistant manager for Pathe in the Windy City, Anderson held that post for five years and then became a full-fledged branch manager. In 1921 he was 'shifted to Atlanta where he remained in his post for nine years to resign for a job with Erpi, selling sound equip- ment in Tennessee, Florida, Georgia and Alabama for the next year. An- derson started with Columbia as a manager on Jan. 5, 1931 and now is in charge of its office here. He is quiet and unassuming in deportment, but may be depended on to be emi- nently fair in all matters, according to impartial Atlanta opinion. Robert B. ("Bob") Wilby, repre- senting affiliated first runs on clear- ance and zoning, is one of the best known theatre operators in the South- east. While definitely aggressive in matters which involve his own com- pany and its welfare, Wilby is re- garded as disposed to be fair and is undoubtedly courageous in the ex- pression of anv position he may take. He was a bitter opponent of some of the demands of union labor _ in the code hearings, but even in view of this is not considered inimical in his ideas, as he is viewed as intellec- tually honest and quite capable of threshing out all questions fairly and impartially. Wilby is president of the Valatenga Theatres, Inc., which operates in Georgia, Alabama, Ten- nessee, and is also a partner in the Kincey-Wilby Theatres, operators in North and South Carolina. Under various company names and partner- ships, he has these in Alabama: Noble (1,100 seats), Rialto (350), and Ritz (1,000) in Anniston; Tiger (500) in Auburn; Alabama (3,000), Champion (600), Famous (900), Gala (800), Rialto (500), Ritz (1,200), Strand (800), Trianon (600) and Temple (1,200) in Birmingham; Belle (500) and Ensley (800) in Ensley; Empire (475), Paramount (1,492), and Pekin (600) in Mont- gomery; Academy (1,000) in Selma and the Bama (1,000) and Ritz (350) in Tuscaloosa. Holdings in Georgia include: Cameo (300), Capitol (2,- 100), Fox (5,000), Georgia (2,500) and Paramount (2,700) in Atlanta and the Imperial (700) in Griffin. Holdings in Tennessee include : Rialto (800), State (900) and Rivoli (1,- 200) in Chattanooga; Majestic (1,- 200), Riviera (1,200), Tennessee (1,- 981) and Strand (600) in Knoxville ; Paramount (1,200) in Nashville and the Criterion (400), Liberty (438) and Majestic (880) in Johnson City. As a partner in Kincey-Wilby The- atres, Wilby is interested in 52 the- atres in 22 North and South Carolina cities and towns. (Continued on page 14) Cornell, Actress 's Father; Guggenheimer, Scout Man Who are the impartial code members on the Buffalo grievance board? Their thumbnail biographies supply the answer: 14 MOTION PICTURE DAILY Des Moines Who? What? When? Des Moines, March 4. — E. J. Til- ton, representing affiliated national distributors on the Des Moines griev- ance board, was born in 1894 and dates his beginnings in the film busi- ness to the days of his 'teens. His first connection was with Mutual in Des Moines and the time was Nov. 1, 1913. He served for a short time as a shipping clerk and booker, be- coming a salesman the following year and continuing in that capacity until March, 1916, when he was appointed manager of the Omaha office. Tilton served in that capacity during the re- organization of the company and up to April 1, 1921. He then joined Pathe in Des Moines as a salesman from 1921 to 1922. It was on Jan. 30, 1922, that he made a connection with First National in the above city as booker and office manager. In May, 1924, he was appointed branch manager. Today, he continues in that capacity *as local representative for Warners. Louis Patz, representing unaffiliated distributors on grievances, was born on April 13, 1899. at Bluffton, S. C, and educated at the North Georgia Military' Academy. Prior to joining Universal on Sept. 6, 1932, Patz worked for RKO, Educational, Pathe and the Goodal Electrical Manufac- turing Co. He is now manager for Universal here. H. Cavanagh, representing affili- ated exhibitors on grievances, doubled in brass back in '24 as an usher for Finkelstein and Ruben at the State, Minneapolis, while he attended high school. He gradually worked his way up the line to chief usher and in 1928 was given the assistant manager's post at the Uptown in the same city. He was there for one year and then was transferred to the Uptown, St. Paul, as assistant manager for one year whereupon he was again shifted. This time it was a post in the advertising and publicity department of the big Minnesota, in Minneapolis, where he stayed two years. Cavanagh joined M-G-M as an exploiteer in 1931 and To Remake "Lost Lady" Hollywood. March 4. — Warners have decided to do a remake of "The Lost Lady," which was first produced in 1925, topspotting Irene Rich. Al- though the lead role has not been definitely set, Kay Francis is being considered. Elissa Landi Free Lance Hollywood, March 4. — Elissa Landi. with the consent of Harry Cohn of Columbia, has torn up her contract with that studio and has be- come a free lance. The actress made one picture for Columbia and was slated for a second when the agree- ment to call all bets off was made. Millward Gets Amity Seattle, March 4. — D. C. Mill- ward, exchange head, has taken over distribution for Amity Pictures for Washington. New quarters have been opened at 2404 First Ave., which will hereafter be known as the Metropoli- tan Film Exchange. Opens Writers' Quarters Hollywood, March 4. — A new writ- ers' building has been opened by Co- lumbia. in September of that year joined Jenkins & Co., a Minneapolis bond company, as advertising manager. Three months of that were followed by a press agent's job for the Or- pheum, Des Moines. He was made manager of the theatre, an RKO house, on Aug. 18, 1932. Code Authority erroneously listed his name as Cavaiiangh. Clifford L. Niles, representing un- affiliated exhibitors on grievances, was born in Anamosa, la., on Aug. 4, 1878. He graduated from the Shat- tuck Military Academy in 1895 and from the University of Michigan in 1899 and started in show business as an usher at the Grand in his home town in 1893. Six years later, he became stage manager ; in 1900, treas- urer and, in 1901, manager. The house burned down in 1931 and was rebuilt as the Niles. It was owned by the Eastern Iowa Theatre Co. which op- erated in Oelwein, Decorah, Cascade, Dyersville, Monticello, Wyoming, Lis- bon and Mechanicsville — Iowa towns all. These houses since have been disposed of and the company dis- banded. Niles was appointed to the Iowa State Board of Conservation by Governor Kendall and to the Iowa State Highway Commission by Gov- ernor Hammill. He also served on a highway commission for four years while the state spent approximately $100,000,000 "getting out of the mud." Later, he managed Governor Ham- mill's campaign for a third term when the candidate was elected by a large majority. Niles is president of Allied Theatre Owners, Inc., and, as a mem- ber of the grievance board, is regarded as extremely competent in upholding exhibitors' interests. B. J. McCarthy, representing af- filiated national distributors on clear- ance and zoning, is manager of the RKO exchange here. He started with the company as a salesman here on March 1, 1929, and became a branch manager on April 1, 1929. He spent four years with First National. (Continued t Oscar C. Lam, representing unaffil- iated first runs on clearance and zon- ing, is president of the Lam Attrac- tions, Inc., and is quiet and unassum- ing in all matters. His disposition is passive, although he is quite capable of being positive in assertion and ac- tion. He is a former president of the Southeastern Theatre Owners' Ass'n, one of the charter members of that body and numbers his friends by his acquaintances literally. Lam's houses are the Cedar (578 _seats) in Cedar- town; La Grange (995) in La Grange and De Sota (1,200) and Rivoli (564^1 in Rome. Lam makes his headquar- ters in the latter city. Mitchell Wolfsox, representing unaffiliated subsequent runs on clear- ance and zoning, is secretary' and treasurer of Wometco Theatres, Inc.. of Miami, his partner being Sidney Meyer, formerly city manager for Fox in Chicago and general sales manager. Wolfson is a vice-president of the Southeastern Theatre Owners' Ass'n, representing Florida, and is a far-thinking member of that body. In all its counsels and its conven- Joseph Levy, representing unaf- filiated distributors on clearance and zoning, is branch manager for Colum- bia here. He started with the com- pany on Feb. 9, 1931, as a branch manager and formerly was a sales manager in the field for United Artists. A. H. Blank, representing affiliated first runs on clearance and zoning, is a Paramount theatre operating part- ner in this section and a member of the Paramount national theatre ad- visory committee. His operations in- clude theatres in 20 Iowa and Nebraska cities and at Moline and Rock Island, 111. Headquarters are maintained here. Blank was the founder and de- veloper of the A. H. Blank Theatres, most of which were sold to Publix about 1927. Blank retained a few theatres of his former independent cir- cuit and continued to operate them after the bulk of the circuit had been taken over by Publix. With the Paramount bankruptcy Blank entered into a deal with the Paramount trus- tees under which he became an opera- ting partner for the company in this territory, which involved his resum- ing operation of his former circuit. He now operates as Tri-States Theatres Corp. with 13 theatres in Iowa and three in Illinois. In In- diana, Tri-State houses are the Para- mount (2,500 seats) and State (1,000) in Cedar Rapids; Columbia (1,800), Capitol (2.500) and Garden (800) in Davenport; Paramount (1.708), Des Moines (1,679), Strand (1.068) and Garden (900) in Des Moines; Capitol (585) in Newton: Grand (750) in Ottumwa: and Paramount (2,000) and Strand (1,063) in Waterloo. In Illinois: Le Claire (1,800) in Moline: Fort (1,623) and Spencer (1.000) in Rock Island. Separately and described as an unaffiliated circuit. Blank is the dominant factor in Central States Theatre Corp. with 25 theatres scat- tered through Iowa. These include Albia (one house), Ames (three). rom page 13) tions he plays a prominent part. He is author of one of the most impor- tant resolutions adopted at the last convention, that in which the publica- tion of star salaries and box-office re- ceipts were frowned upon on the theory they tend to focus attention of tax-gatherers. Wometco operates these houses, all in Florida: Biltmore (600 seats) in Buena Vista; Cocoanut Grove (1,350) in Cocoanut Grove; Biscavne Plaza (1,400). Capitol (1.- 500). Harlem (200), Lyric (490). Mayfair (700), Ritz (500) and Tower (750) in Miami and the Dixie (400) and Grand (511) in West Palm Beach. Willis J. Davis, representing un- affiliated subsequent runs on clearance and zoning, is a comparative newcom- er in the film list, having come to Atlanta in 1927 and built, together with a partner, a subsequent run house in one of the prosperous neigh- borhoods of the city. A couple of years later he withdrew from this partnership and built a theatre in Buckhead just outside the city limits but in the heart of the country estate Monday, March 5, 193 Boone (one), Burlington (thre< Centerville (two) Chariton (ok Clinton (three), Fort Dodge (thre<: Grinnell (one), Iowa City (tw Mason City (three,) and Oelw< (two). E. O. Ellsworth, representing u affiliated first runs on clearance a zoning, has been identified with t theatre end of the amusement indus* for 35 years. He asserts he is t oldest theatre manager in the state point of continuous service and 1 managed the Metropolitan in Io Falls since its construction. T house was considered the best in Io- at the time it was built and one the principal one night stands i roadshows. Ellsworth has been ide tified with independent theatre assoc tions for years and is a director Allied of Iowa and Nebraska. Tl| is the unit which backed up Businc Manager Lester F. Martin of Neva' la., when Abram F. Myers, gene: counsel of national Allied, inforrr the latter by wire he was off tj Allied States' board. Julius H. Goertz, representing i affiliated subsequent runs on clearai and zoning, entered the business ab<^ 15 years ago as an exhibitor in I venport and at one time controlled f neighborhood theatres in that city, now has the 500-seat Uptown and ( 300-seat Zenith there. He is affiliai with Allied Theatres Owners. Inc.. a^ is a Mason, an Elk and a Kiwanian: Abe Frankle, second representat of unaffiliated subsequent runs. : clearance and zoning, opened Casino Theatre here with A. Blank in 1912. Later, he was as ciated with Blank in the Des Moil Theatre Co., which operated sevei houses in the city for about th years. Frankle severed his conn! tion with Blank then and took pi the Casino, which he still owns ?l operates. He also had the Strand I Creston and King at Albia which sold and now confines his exhibit i activities to the Casino (600 seat. In 1915. Frankle organized the Riv; view Amusement Co., of which hei president and manager. Code J- thority listed his name as Franket Miller Trial March li Chicago, March 4. — Trial of J; Miller on charges of "contumaci' conduct" and possible contempt court has been set before Fede Judge Barnes for March 10. The he ing before Judge Barnes is in conn tion with Miller's recent testimony fore the grand jury in the gove ment's investigation of income tax Tom Maloy, head of the Operate Union. Joe E. Brown to Orien Hollywood, March 4. — Joe Brown and his wife leave on a th months' vacation in the Orii March 19. and de luxe homes locality. This has operated with success. Alvix G. Maxwell, impar member on clearance and zoning, vice president of the Citizens' ; Southern National Bank of Atlai and one of the best known bank and business men in the southe: He is a financier, reputed posses of rare ability and is said to en the confidence of those in the ind try who know him. His reputat for fairness and impartiality is viev as beyond dispute. Atlanta , Monday, March 5, 1934 MOTION PICTURE DAILY 15 Jobs Gaining, Grosses Rise In Four Spots (Continued from page 1) crease from the December mark, ac- cording to a report released by the bureau of business research of Ohio ! State University. The major keys showing the high- i est percentage of gain over a year ago j are : Dayton, 36.6 per cent : Cleve- land, 20.7 per cent, and Cincinnati, 13.6 per cent. Exid, Okla., March 4. — Business is picking up in a number of Oklahoma | spots. The Criterion El Reno, is be- ing rebuilt. It was burned last year. A new house has been completed at Aline ; the Warner, at Oklahoma City, is running occasional vaudefilm pro- grams ; the Temple, at Kingfisher, is to be remodeled, and a new house is to open at Bixby. New Orleans, March 4. — Better times are indicated by the number of reopenings in this territory. In ad- dition to three houses which opened last week, two more are scheduled to open soon, a house at Stark, La., to seat about 600, and another at Ope- lousas, La., to seat 650. Meanwhile Claude Hazel's new Shreveport house is nearing completion. Zirn's Para. Bond Petition Set Aside (Continued from fane 1 ) , lower court in the Levy action, with- out any opinion on the case being nanded down. Presiding Justice Finch, who stated at the hearing in the Ap- pellate Division two weeks ago, that ie was a depositor in Chase National "Bank, a party defendant with Para- \ nount Publix in the action, had no sart in the decision, although the jlaintiff's attorney, Zirn, declared at :he time, that he had no objections to Justice Finch sitting in the case be- :ause of that association with the Jhase bank. Zirn stated Saturday that the ruling iecided "nothing material" in the :ase, and described the subject at is- 1 1 be merely "whether or not the rustee in bankruptcy was the only )ne who could bring an action of this and or whether one bondholder could ffisue on behalf of all bondholders." £irn declared, however, that he would ij.-arry the Appellate Division's ruling j :o the court of appeals at once. More Film Salaries Released in Capital (Continued from page 1 ) .lind director: 1930, $26,250; 1931, 568.OOO. James R. Grainger, general ;ales manager and director: 1933, 552,000. Trans-Lux Daylight Screen Corp. — i'Percy N. Furber, president and chair- man of the board: 1928, $21,357 ; 1929, 558.376; 1930, $51,160; 1931, $30,833; ' 932, $35,000. Furber's 1933 salary vas to be 10 per cent of the profits of 1 he company, with a minimum of 535,000 for the year. Tax Disagreements In Ohio Reported (Continued from page 1) centrating on an attempt to increase the tax in the upper brackets, a solar plexus blow to the Class A affiliated houses. In some quarters, it is said, an additional 10 per cent will be sug- gested with an exemption up to 25 cents. Affiliated exhibitors, it is understood, will contend that if a state tax is to be continued, it should be im- posed solely on the smaller houses where a 25-cent top obtains, and that the deluxe affiliated operations should be excluded because of their present payments both on property holdings and Federal admission collections on admissions over 40 cents. The Independent Theatre Owners of Ohio, organized here early last month to replace the independent faction of the Ohio M.P.T.O. and the state unit formed in November, is incensed over the accusation that they are endeavor- ing to force additional taxes on the higher first run admissions, and vehemently deny the charge. The or- ganization is understood to have wired Will Hays recently asserting that it is in no way a party to the move, and that experience both here and else- where has proved that reductions in first run prices have not been pro- ductive of results at the box-office, citing that the local producer-affiliated houses, after a recent experiment along this line reinstated their original higher scales. A series of regional meetings of the independents, under leadership of Pete Wood, state secretary and business manager, in many key centers of the state is being held to explain the pur- poses of the association. The first of these was held at Toledo Wednesday, with the second at Lima yesterday. Others are scheduled at Dayton, March 5 ; Zanesville, March 9 ; Akron, March 12; Youngstown, March 13 and Steubenville, March 14. Dates for meetings at the major keys, in- cluding Cleveland, Cincinnati and Co- lumbus, although scheduled, have not been set. Code Conferees to Vote Upon Changes (Continued from page 1 ) a guide, and it is expected that Ad- ministrator Hugh S. Johnson will have some clear-cut policy ready for an- nouncement when the sessions are con- cluded, probably Thursday. Indications are that orders effecting changes will be issued by the Presi- dent. Start Confabs For Studio Labor Pact (Continued from page 1) tween the IBEW and the IATSE, but is expected to be ironed out in one w-ay or another in the next 10 days. Arrived Friday was William C. El- liott, IATSE president. Present for producers are Nicholas M. Schenck, Pat Casey and Al Berres and for vari- ous unions Abe Muir, international vice-president of the carpenters' union ; Harry Brigaerts, international vice- president of the electrical workers' or- ganization and Joseph N. Weber presi- dent of the American Federation of Musicians. Claims a New Sound System; INot on Market (Continued from page 1 ) non-directional and sound is as clear in the rear of the theatre as in the first row. All "pockets" have been eliminated, it is claimed. It is said the system can be operated on a much higher level continuously than can be done with any other system now in use. Sound of every description; not ordinarily discernible, is reproduced in high fidelity to the original, and the faintest whisper is plainly audible in all sections of the house. Chicago Newsreel Ban Is Rescinded (Continued from page 1) defense of the reels in news columns and editorials, declaring that "news- reels should not be subject to censor- ship any more than newspapers" and pointed out that photographs of the same scenes had appeared in news- papers throughout the country. Mayor Edward Kelly's order that scenes of violence, tending to incite crime or riots, could not be shown in the city's theatres, still stands, how- ever. The order was first directed at a Universal Newsreel release and subsequently extended to the same releases of all other reels. The local Universal office said it had been ad- vised by New York headquarters that a court test of the order would be undertaken whenever Mayor Kelly's order was invoked to delete newsreel shots. The local Film Board of Trade plans an early protest meeting against the standing order. ■ •'Destined to take its place among i the finer film accomplishments!" — J j M. P. Daily. Frank Borzage's "NO GREATER GLORY," is the most 1 J deeply moving emotional triumph j the screen has yet produced! Based j on Ferenc Molnar's great novel. J Point Out 75% Vote Can Save Premiums (Continued from page 1 ) fight to Washington, it was stated today by representative film men here. The code bans the use of premiums only in the event the policy is opposed by 75 per cent of the exhibitors of the territory, it was pointed out. It 250 Philadelphia exhibitors favored use of premiums they would constitute more than the 75 per cent required by the code and could retain the policy without campaigning for it at Wash- ington, it was said. The premium backers contend that their use is essential to the small theatre which must compete with houses having protection and other advantages and offering stage shows, and contemplate presenting these views to the NRA on the theory that they fit in with the announced policy of the President to assure adequate protection under NRA for small enterprises. Reservations Pouring In The Columbian Club, made up of employes of Columbia, reports reser- vations pouring in for its dinner-dance to be held next Saturday at the Wal- dorf-Astoria. Floyd Weber is in charge of the table arrangements. This illustration is one of a series of eight amazing photo- graphs. We have prepared a beautifully printed broadsheet reproducing the series, with Mr. Gaty-s own interesting story giving all the technical details of how it was done. Th is we will gladly send you on request. Just ask for "A Triumph of Thunderstorm Photography. LIGHTNING STRIKING THE WORLDS LARGEST BUILDING • EMPIRE STATE NEW YORK^ ©JOHN P. O AT Y Ml Du Pont Film Manufacturing Corporation 35 WEST 45th STREET, NEW YORK CITY PLANT 6656 -SANTA MONICA BLVD. HOLLYWOOD, CAL PARLIN, NEW JERSEY THEcSUfflSP TRADE MARK HAS NEVER BEEN PLACED ON AN INFERIOR PRODUCT The Leading Newspaper Picture Industry MOTION PICTURE DAILY Alert, Intelligent and Faith fut Service to the Industry in Alt Branches VOL. 35. NO. 53 NEW YORK, TUESDAY, MARCH 6, 1934 TEN CENTS Need Seen by President to Tighten Codes lid Order Must Pass, He Tells Authorities Washington, March 5. — The basic jrinciples of retention of small enter- >rises and preservation of the anti- rust laws to retain competition and prevent monopoly were today laid luwn by President Roosevelt in open- ng the general conference of code authorities. Warning his hearers that industry an never return to its old chaotic onditions, the President intimated trongly his intention of tightening up odes to eliminate chiselers, protect vorkers and consumers and outlaw {Continued on paiie 7) Improved Sound Is Predicted Shortly Hollywood, March 5. — A pro- ounced improvement in naturalness nd quality of speech in talking pic- ares within two months was pre- icted at a meeting of technical di- ctors of major studios. "Blurred sound," according to G. . Pratt, a vice-president of Erpi, las been eliminated through a re- ading device which flashes tiny (Continued on page 10) Ohio's Tax Program Hanging in Balance Columbus. March 5. — Prospects for :peal of the 10 per cent admission x hang in the balance. The special ssion of the Legislature reconvenes morrow with the program for taxa- Dn still undecided. Paul P. Yoder, chairman of the •ecial joint taxation commission, says I' ere is no program and the commis- l.on's proposals will be laid before I e joint taxation committee of the (Continued on page 11) tankers' Salaries Latest to Come Out i Washington. March 5. — Bankers I entified with film financing were I ted in the Federal Trade Commis- I on's salary and bonus reports re- I ised today. J On the list of bankers were Dr. I. PL Giannini, chairman of the exe- I tive committee of Bank of America, ational Trust & Savings Ass'n., San {Continued on page 11) Don't Judge Code Yet, Is Plea of Authority Theatre Gains Estimated at 12 to 15% by Code Authority Washington, March 5. — Business is on the upgrade in most sec- tions of the country and some of the expense of increased num- bers of employes has been taken up in this way, according to a brief submitted today to Administrator Hugh S. Johnson by Code Authority. Some of the salient facts developed are: National receipts are up by 12 to 15 per cent. Improvement in the south has been "noteworthy." In Texas Interstate has restored vaudeville and increased its overhead 50 per cent. Business has jumped 300 per cent. CWA expenditures are given credit for much of the improve- ment. Key cities have picked up faster than smaller spots, with big pictures accounting for most of the gains. Average weekly increases in theatre payrolls under the code are estimated at 10 to 15 per cent, with 13 per cent estimated for the south. Artists in vaudeville and presentation houses are estimated at 4,000. Increased employment in studios is estimated at from 25 to 35 per cent. Zero Weather Hits Grosses In Some Keys Chicago and Philadelphia were the chief sufferers from the sub-zero weather last week, but in a number of other spots where the weather was. al- most equally cold individual pictures' developed strong grosses. Boston, Buffalo, Providence and Cleveland re- ported some good takes. In Cleveland "It Happened One Night" set up a new record for the season. "Bolero'* was strong in Los Angeles, Oklahoma City and Boston. "Queen Christina" was spotty, and (Continued on page 10) Autonomy for Local Boards, Authority Aim Local autonomy is expected to be the keynote of procedure for clearance and zoning and grievance boards, which are expected to start functioning by the end of the month. Code Authority is understood anxious to let members of the various boards operate by them- selves and will only step into the breach when complaints from the field compel such action. In cities where appointees are com- pelled to use railroads or buses to attend meetings, these out-of-town men (Continued on page 7) St. Louis Theatre Tussle ™ Versus F.&M.- Warner On St. Louis, March 5. — Fanchon and Marco, operators of the Fox and St. Louis, and the Warners are about to pit themselves against each other in a theatre tussle that carries all of the earmarks of a fierce and unrelenting struggle. Harry Arthur, F. & M. and Harry Koplar are understood to have made (Continued on page 7) Too Early to Gauge Mer- its, It Holds in Report To Johnson Washington, March 5.— On the ground that the code "has yet to ful- fill in practice and application the earnest wishes of its advocates" and that "the period of demonstration is close at hand" Code Authority, in a brief submitted today to Administra- tor Hugh S. Johnson, contends that "the time has not yet arrived for criti- cism or praise." The brief was submitted by Execu- tive Secretary John C. Flinn. In reviewing the progress leading up to the adoption of the code and the creation of the machinery for its op- eration the brief says there are 369,000 wage earners in the industry directly affected by the operation of the code. It says there is an "eager impatience on the part of the industry as a whole for the full operation of its provisions." It goes on: "Some criticism from quarters unfamiliar with the complex- ities of the code machinery require answer and explanation." It is pointed out that only two in- dustries in this country, automobiles (.Continued on Page 5) Cleveland Raises Queries on Boards Cleveland, March 5.— Cleveland independent exhibitors are pleased with the personnel of the grievance and clearance boards as announced this week by the Code Authority. However, they are not forgetting that the local boards are not the courts of last resort. They point out that fail- ure to agree on a vital issue will re- sult in passjng the decision to the (Continued on page 6) House Passes Bill To Curb False Data Washington, March 5. — A bill making it a criminal offense wilfully to file false data with any govern- (Continued on page 1 1 ) Who? What? When? Twelfth instalment of the biographies of the men who make up the code boards ap- pears on page 4 today. MOTION PICTURE DAIXY Tuesday, March 6, 193 MOTION PICTURE DAILY (Registered U. S. Patent Office) Vol. 35 March 6, 1934 No. 53 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. Clifford, manager; London liureau: 6 Brookland Close, Hampstead Garden Suburb, Bernard Char man, Representative; Berlin Bureau: Berhn-Tem- pelhof, Kaiserin-Augustastrasse 28, Joachim K Rutcnberg, Representative; Paris Bu- reau: 19, Rue de la Cour-des-Noues, Pierre Autre Representative; Rome Bureau: Viale Gorizia, Vittorio Malpassuti, Representative: Sydney Bureau: 102 Sussex Street, Cliff Holt Representative; Mexico City Bureau: Apartado 269, James Lockhart, Representa- tive; Glasgow Bureau: 86 Dundrennan Road, G. Holmes, Representative; Budapest Bureau: 11 Olaaz Fasor 17, Endre Hevest, Representative. Entered as second class matter January 4, 1926 at the Post Office at New York City, N. V'., under Act of March 3, 1879. Subscription rates per year: $6 in the Americas, except Canada $15 and foreign $12. Single copies: 10 cents. Flash Reviews "She Made Her Bed"— Hollywood, March 5.— The dialogue has humor and force acceptable program en- tertainment. "Wharf Angel" — Hollywood, March 5. — Entertainment of program calibre. "What's Your Racket?"— man- ages to be consistently entertain- ing These films will be reviewed in full in a later issue of Motion Picture Daily. "Bedside," last night's opener at the May fair, was reviewed by wire from Hollywood on Jan. 26. "Heat Lightning," tonight's opener at the Rial to, zvas reviewed by wire from Hollywood on Feb. 27. Murfin Now Supervisor Hollywood, March 5. — Jane Mur- fin, writer, has been promoted to the position of supervisor by Pandro Ber- man, executive producer and vice- president of RKO studios. Her first assignment will be the next Francis Lederer vehicle. Haley to Be Starred Hollywood, March 5. — Jack Haley will be starred in his next, "Here Comes the Groom," Paramount's re- cently purchased stage play. Charles R. Rogers will produce, with Ralph Murphy slated to do the direction. George Seitz Re-Signed Hollywood, March 5. — Pleased with his work on "Louisiana," starring Rob- ert Young and Jean Parker, M-G-M has signed Director George Seitz to a new long-term contract. Kohn Returns from Southern Gathering Ralph A. Kohn, Paramount theatre head, returned yesterday from a meet- ing of Paramount theatre operating partners of the southeast, held last week at Jacksonville, Fla. He was accompanied by Y. Frank Freeman, president of Famous Theatres Corp., Paramount's new theatre subsidiary. Sam Dembow, Jr., who attended the Jacksonville meeting, is remaining in Florida for another week to recuper- ate from a recent illness. Next meeting of Paramount theatre operating partners will be held either at Boston or Chicago in about two weeks. The two remaining members of Paramount's national theatre ad- visory committee of six will be elect- ed at the forthcoming Boston and Chicago meetings. Flinn Will Be Ampa Honor Guest Apr, 21 John C. Flinn, executive secretary of Code Authority, will be honored by the Ampa, of which he is presi- dent, at a dinner at the Astor on April 21. The affair is being arranged by a committee of which Paul Benjamin is chairman. Working with him are Rutgers Neilson, William R. Fergu- son, Al Sherman, Joel Swensen, Mar- vin Kirsch, Ed McNamee, Lou Ry- dell, Monroe Greenthal, Hal Home, Arthur Jeffrey, Gordon White, Rod- ney Bush, Paul Gulick, Ray Gallagher, James P. Cunningham, Lou Goldberg and Ed Finney. New Shamrock Setup Chicago, March 5. — After starting action in the Circuit Court here, B. C. Fassio states that he has regained control of Shamrock Pictures, Inc., and that the board of directors has resigned. A reorganization of the company is under way, with Fassio elected president for another year. Joe O'Donnell, sales manager, is no longer with the company. A. S. Kirk Patrick's Funeral Set Today Luneral services for Arthur S. Kirkpatrick, former assistant general manager of Educational Film Ex- changes, who died Sunday at his home in Rivervale, N. J., following a long illness, will be held at the home of the deceased at 2 o'clock today. Burial will be at Old Tappan, N. J. Kirkpatrick has been in semi-re- tirement since late in 1932 when he took a leave of absence from Educa- tional because of failing health. He entered the company as assistant gen- eral manager in 1921, and occupied that post for the following 1 1 years. He was a former vice-president of the old Robertson-Cole Film Co., and was a former general manager of the old Mutual company. The deceased was S3 years old. He is survived by his wife, Annette Kirk- patrick; two daughters, Mrs. Mildred Tapp and Margaret Kirkpatrick, and a son, Clayton. Schenck Signs Bergner Hollywood, March 5. — Joseph M. Schenck has signed Elizabeth Berg- ner and she will report here in the fall. Dembow Will Appeal 'Nude World' Ruling An appeal from an order for an accounting of profits on "This Nude World," handed down in Supreme Court at Mineola, L. L, last week, will be taken to the Court of Appeals here within the next few days, it was stated yesterday by George Dembow, who, with Herman Robbins, Toby Gruen and Jack Leo, is a defendant in the action. The suit for an accounting was filed by Mike Mindlin, who charged in his complaint that the four defendants financed production of the picture which Mindlin made in Europe last year. His complaint alleges that while his contract called for a percentage of the profits on the picture he has re- ceived no remuneration to date. DeSylva Coming East Hollywood, March 5. — H a v i n g completed his current Fox production, "Bottoms Up," Buddy DeSylva will leave shortly for New York, taking Sid Silvers with him, to produce a show in which Silvers will star, and will then return to Fox on a new production deal. Many Drop on Big Board High Low Close Columbia Pictures, vtc 2454 24/ 24/ Consolidated Film Industries 434 434 434 Consolidated Film Industries, pfd • 16/ 16/ 16/ Eastman Kodak 90 90 90 Fox Film "A" 15/ 15/ 15/ Loew's, Inc 32/ 3W 32 Loew's, Inc., pfd 90 90 90 Paramount, cts 5 434 5 Pathe Exchange 4 334 334 Pathe Exchange "A" 20/ 19/ 19^ RKO iVt Ws VA Universal Pictures, pfd 30 30 30 Warner Bros 7/ 6M 7 Net Change + / +2 + '/ Trans Lux Declines Vs on Curb Technicolor Trans Lux . High . 9/ . 254 Low 9'A 2/ Net Close Change 9/ 2/ — Vk Sales 100 200 400 300 100 8.600 300 2,500 3.400 1,100 3,400 4,000 Sales 100 100 RKO Bonds in 2y2-Point Advance Net General Theatre Equipment 6s '40 General Theatre Equipment 6s '40, ctf. Keith B F 6s '46 Loew's 6s '41, ww deb rights Paramount Broadway 5/s '51 Pathe 7 '37, ww RKO 6s '41. pp...... Warner Bros. 6s '39, wd. High Low Close Change Sales lOYs 1034 10*6 - Vs 4 934 934 934 1 62J4 62 62 - / 5 96 947^ 95 - % 11 36 35/ 35/ -% 5 47 46/ 47 7 94 94 94 +1 1 36J4 36'/, 36/ +2'/ 2 56/ 55'/ 55*4 + / ] i Purely Personal i EDWIN CAREWE is in tov, with a print of "Are We Ci ilized?" recently completed for Rascl baum Productions. Norman H. Moray, Vitaphc sales manager, arrived in Chica^ yesterday on his tour of the con pany's branch offices. Aaron Schusterman, New Jers< theatre man, has just returned fro Miami Beach where he vacationed ; a result of doctor's orders. Roy Simmonds, English pub! relations head for Fox, sails tomo row for London on the Bremen. Edward Anson, New England e hibitor, gets into town tomorrow f a brief visit. Charles L. O'Reilly couldn't g away for the Washington Code A thority session yesterday. Jack Bannon, assistant to Sa Demjjow, Jr., was nursing a cold home yesterday. Ben Blue and Mrs. Blue ha sailed on the Champlain to appear the Casino de Paris and Palladiu R. H. Lockhart, author of "Briti Agent," is en route to England aft a lecture tour of this country. Stanley Bergerman has purchas Edith Wharton's "Bread Upon t W aters" for early production for "T_ Hal LeRoy will make a series Vitaphone shorts before returning the coast. Ethel Turner has sold "One W Ticket" to Paramount. Elizaueth Lonergan is domici again at the Woodstock. Lou B. Metzer is somewhere in wilds of Mexico taking in bull figh W. E. Woodward has sold "Evel Prentice" to M-G-M. Tony Muto, M.P.P.D.A. plenij temiarv, is in Washington this wei Mrs. Belmont on Coum Mrs. August Belmont has be named as head of the M. P. Reseai Council. She succeeds A. Lawrer Lowell, former head of Harvard U versity, who becomes honorary' pre dent. She followed her appointmi with a statement attacking blc booking and announcing she woi attempt to enlist women's organi lions in the council's campaign agai: this form of selling. Rose in Albany Post Albany, March 5. — Jimmy Rose temporarily in charge of the lo First Division exchange, Willi Raynor having resigned recently. Al Friedlander returns from a t< of all First Division exchanges latter part of the week. Warners Sign Del Rid Hollywood, March 5. — Dolores 1) Rio has been signed to a long tea contract by Warners and will 9 starred next in "Madame Du Barrl Her new contract calls for three tj tures a year, with her reporting 1 Warners after completing one m<| under her present Radio contract. 'y h Adolphe Menjou — re Dodd. Directed by liam Keighley. A First ional Picture. Vitagraph, Distributors . MOTION PICTURE DAILY Who? What? When? Twelfth instalment in a biographical series of the men zdio make up the code boards. 4 Milwaukee Milwaukee, March 5. — Sam Shuuhan, representing affiliated na- tional distributors on the Milwaukee grievance board, saw the light of day in St. Louis and has been in the in- dustry almost one month since the bottle was taken away. His earlier ventures embraced operation of thea- tres in Moberly, Mo., and in West Frankfort, 111., three years as head booker for General Film in St. Louis, manager in Memphis for Unicorn, manager in St. Louis for Fox and at one time salesman for Warner Fea- tures when product was hotcha in one, two and three reels. For 14 years has his association with Al-G-M and its predecessor company, Goldwyn, persisted, having been ap- pointed Milwaukee manager for the latter organization on July 20, 1920, and occupant of the same post since the inception of M-G-M. He is sec- retary-treasurer of the Film Board of Trade. L. George Ross, representing un- affiliated distributors on grievances, is a Down Easter. Birthplace: Bur- lington, Vt. Date : Jan. 2, 1895. He has served as salesman for World Film in 1914, and for Mutual, and later was with Robertson-Cole. Later he was connected with Pathe as special representative and then was branch manager for F. B. O. in New Haven and Albany. Ross re- signed as manager of the Universal Minneapolis exchange to become branch manager of Columbia's Kan- sas City exchange on May 12, 1930. He was transferred three years ago to Milwaukee as manager for Colum- bia, his present post, and is sergeant- at-arms of the Film Board of Trade here. David E. Weshner, representing affiliated exhibitors on grievances, was born in Brooklyn, N. Y., on Nov. 11, 1894, graduated the Bushwick High School there in 1913 and New York University in 1917 with an A.B. de- gree. From 1917 to 1918, Weshner taught at the Kohut School for Boys at Riverdale-on-the-Hudson and from 1919 to 1921 was engaged in news- paper and publicity work. In 1922, he was treasurer of the Tanney Print- ing and Publishing Co. Next year found him editor of Motion Picture Post and the two years thereafter president of the Weshner-Davidson Advertising Agency, which handled general exploitation for independent companies, notably Charles C. Burr who, at the time, was producing the Johnny H'ines comedies. Rounding out his experience further, Weshner then went to Hollywood as produc- tion manager for Action Pictures, Inc. It was in 1928 that he garnered his initial experience in exhibition as directer of advertising and publicity for the Stanley-Fabian Corp., oper- ators of a string of theatres in North- ern New Jersey. When that circuit was acquired by the Stanley Co. of America, which, in turn, was ab- sorbed by Warners, Weshner was named general manager with the destinies of 60 theatres in his hands and on his mind. Subsequently, he was transferred to the Warner home office in charge of national theatre advertising, publicity and exploitation. His shift to Milwaukee where he is now Warner zone manager came in the nature of a real compliment, for Warner theatre executives in New York knew they were turning over to Weshner the_ toughest operation in their national picture. He has been here since November of last year and has, as his committ- ment, approximately 23 theatres, in- cluding the Warner (3,000 seats), key house, and Strand (1,406) as a sub- sequent run downtown as well as the following neighborhood Milwaukee houses: Egyptian (1,400), Granada (1,100), Juneau (1,100), Kosciusko (700), Lake (900), Riviera (1,200), State (1,206) and Venetian (1,400). In the territory, Weshner has these: Appleton (750) in Appleton; Retlaw ( 1,126) in Fond du Lac; Bay (2,200) in Green Bay; Kenosha (1,500) in Kenosha ; Capitol (2,200) in Madi- son; Strand (650) in Oshkosh; State (999) and Venetian (1,500) in Racine; Majestic (800) and Sheboy- gan (1,400) in Sheboygan. In Michigan, the 809 seat Lloyd in Menominee. Weshner is a director of the M. P. T. O. of Wisconsin and Upper Michigan, a national M. P. T. O. A. affiliate and already is well liked here, despite the brevity of his stay. Fred S. Meyer, representing un- affiliated exhibitors on grievances, started in the theatre business 24 years ago as an usher in the famous old Iroquois theatre, Chicago. He later served as branch manager for Uni- versal and General Films and gained a reputation as an exhibitor while op- erating the Palace in Hamilton, O. Later he operated Universal theatres in Kansas City and served as general manager of the Milwaukee Theatre Circuit when Carl Laemmle was a circuit operator of some power here. At present, Aleyer is managing direc- tor of the Alhambra, 1,900-seat local first run house. He is president and general manager of the M. P. T. O. of Wisconsin and Upper Michigan, Inc. ; national secretary of the M. P. T. O. A. ; chairman of the public rela- tions committee, M. P. T. O. A., and a past president of Rotary Club. He was extremely active in Washing- ton during code deliberations, spent many weeks away from his home. family and business and suffered a setback in his health as a result of the energies he devoted to the job at hand. During the last M. P. T. O. convention here^ Meyer came in for public laudation at the hands of Divi- sion Administrator Sol A. Rosenblatt, who described him as one of the most conscientious of exhibitor leaders and a credit to the industry at large. Meyer is married and has two grown children. Stan is manager of the Al- hambra, Universal's first run outlet here. Delphine is a college student and an accomplished musician. Pierce Bitker, impartial member on grievances, is secretary of the Mil- waukee Chamber of Commerce. R. T. Smith, representing affili- ated national distributors on clearance and zoning, dates back his entry into the film business almost 20 years. Here are some of the facts in his service record: From 1918 to 1920, Smith was a salesman for the Superior Screen Co. From 1920 to 1923. he was a salesman for Select. The next two years found him selling film in Chicago for Warners and a transfer in 1925 to Milwaukee, also as a salesman for Warners. He has been manager here for that company for the last nine years. George L. Levine, representing un- affiliated distributors on clearance and zoning, was born in Chicago on July 1, 1891, and has been connected with the business ever since graduating from grammar school. He has been manager of the local Universal branch for 13 years during which he was once promoted to short subject sales manager in New York for five months. At the request of exhibitors in this territory who signed a petition and sent it to Carl Laemmle for his return, he came back to Milwaukee as local branch manager. Before coming to Milwaukee, Levine served as short subject sales manager for Universal in Chicago for six years, where he started as a salesman. Tuesday, March 6, 1934 Prior to that, he was assistant I A. W. Roth at the Iola Theatre an left there to manage the Alvon i Chicago, from where he went to jci Universal. During his years herj Levine served as president of ti Film Board of Trade for five conseci tive years and, during the days of t't old arbitration boards, also served ; an arbitrator. Harold J. Fitzgerald, representi: affiliated first runs on clearance a: zoning, has been in the theatre b\} ness for 20 years. He started wr General Film in Chicago and, wh< the company opened an office in M; waukee, he came to this city as book and office manager. Subsequently, 1 served as manager for Statewi' Film, First National and Education here. At the formation of the Sa: circuit he became general manag and remained with the organizati< when it was taken over by Haydc Stone and Co., New York banke Since then he has served as genei manager for Fox Midwesco theati in this territory and is now servi in a similar capacity for the Wiscc sin Amusement Enterprises, Inc., outgrowth of the bankruptcy of Fo Midwesco in this section. The coi pany today operates only a hand of his quondam list, including t! Davidson (687 seats) and Ode, (526) in Beaver Dam; Fond du lA (1.800) in Fond du Lac; Colon. (650). Orpheum (1.050) and Stra . (937) in Green Bay; Orphet (2,246) and Parkway (1,100) Madison; Rialto (800) in Marinet Strand (1,400) in Madison; Mil1 (1.200) in Milwaukee; Fox (5C| and Lvric (900) in Stevens Poii (i rand" (1,800) and Wausau {\M in Wausau and Paradise (1,239) West Allis. Flagship of Fitzgeral theatre charges is the 2,300-seat YV consin, Milwaukee first run outlet f< ; selection of Fox and M-G-M, and i erated by the Fox Wisconsin Co \ Fitzgerald is a member of the bo; of the M. P. T. O. of Wisconsin z'l Upper Michigan. Tom Saxe, representing unaff ated first runs on clearance and z< I ing, is affiliated with his brother Jc E., in the operation of the Sail Amusement Management, Inc., op ators of the first-run 2,200-sea Capitol in Madison, six neighborhc houses here, and theatres in Oshko Kenosha and Janesville, comprisi a circuit of 10. Saxe has been ceil nected with exhibition in Wiscon for more than 25 years. In Theatorium he operated Milwauke first film theatre and is credited some with the discovery of Samuel Rothafel, whom he brought frrief continues. Preliminary to the appointment of he local boards, nominations from ex- libitor and distributor organizations md individuals were solicited by the rode Authority and nearly 2,000 lames were submitted for appointment 0 372 places on the boards. Fifty- wo local boards have been appointed iy the Code Authority to this date, uth the prospect of the remaining 10 eing appointed within the next Week." Discussing the effects of the Presi- dent's emergency reemployment proc- uration, the brief says this resulted in an immediate material increase in he number of employes added to the ayrolls and a material increase in he amount of weekly wages." Specific and accurate investigations ave been made in each general divi- ion of the industry — production, audeville, presentation actor labor, ind distribution and exhibition, the 'rief continues. Cites Studio Increases In the production field, it points out, uring the months of October and rs'ovember, 1933, before the code went no effect, but subsequent to the 'resident's emergency reemployment • greement, an average of seven f ea- ures in production employed 478 per- :ons per day per picture. In De- 1 ember and January this year at the iame studios, with five pictures in >ork, 603 persons per picture were mployed, showing an average of 2u er cent increase in numbers em- loyed. 1 "A checkup with several of the lther major studios," the brief con- •inues, "reveals that this percentage t increase generally exists and in some istances, the increased percentage of mployment in the months cited above -ill run as high as 35 per cent. It lis a conservative statement therefore, nat the motion picture studios have icreased employment in numbers of ersons daily engaged between 25 er cent to 35 per cent since the 'ode became effective on Dec. 7 last, j "An accurate estimate of increased ibor costs in motion picture produc- 'on in a second Hollywood studio evealed the following : With the ame number of pictures produced in 934, under the code schedules of ibor wages as was produced in 1933, i , ne code provisions will require a aily increase of 377 employes to a Jtal increase in the year's production osts amounting to $500,000. ft "At a third major studio in Holly- ood, the following comparison is lade: The week ending June 17, 1933, Salary Deadline April 7 Washington, March 5. — Administrator Hugh S. Johnson today announced Division Administrator Sol A. Rosenblatt had been given until April 7 to make a report on his investigation of film salaries. At the same time the NRA made formal announcement of the extension until March 10 of the deadline by which to file assents to the code. 2,039 employes received in wages $234,813.57. For the week ending Oct. 14, 1933, (during the period prior to the operation of the code provi- sions, but within the period of the President's emergency reemployment agreement schedules) there were 3,- 9/6 employes engaged to a total pay- roll amount of $327,760.49 for the week. This was an increase of 1,937 employes over the week ending June 17, 1933, and an increased payroll in the amount of $92,955.92 for the week. "In the larger independent studios in Hollywood, the increased employ- ment has been approximately 20 per cent in laboring divisions and to an appreciable extent in staff and office workers. The cost of other factors pertaining to production is also in- creased without any apparent increase in quality of material purchased. Mo- tion picture productions demand unique personal service in the key positions of the unionized labor divisions. In most instances these key men have in- sisted upon and are receiving wages far in excess of the code provisions. The code is working employment hardship on people who were steadily employed and upon the independent producer, but is advantageous in spreading employment." Find 4,000 Actors Busy In discussing vaudeville and presen- tation actor labor the brief says a sur- vey by a special committee of Code Authority reveals that approximately 4,000 actors are engaged weekly in vaudeville and presentation houses, with more than 700 of these working as resident artists in de luxe spots. More than 3,000 are touring units, ranging in size from individual acts to groups as high as 50. "The code provisions establish cer- tain minimum wages which mitigate seriously against the appearance of untried talent," this section continues. "The custom in the vaudeville and presentation fields for many years has permitted ambitious young artists to prove their talent and merit through the medium of tryout engagements, a practice which has been seriously dis- turbed and in some sections complete- ly eliminated due to some of the schedules of minimum wages. A com- plete and comprehensive report of these provisions is in the hands of the division administrator and it was at his request that the survey herewith mentioned in general terms, was made." Distribution is covered briefly by saying that an unnamed national dis- tributor reports the home office and 31 exchanges have increased employ- ment by 83 persons with an annual increase in payroll of $700,000. "Another national distributor," the brief continues, "in the week ending June 17, 1933, employed 888 persons in 31 exchanges to a total weekly payroll of $28,981.05. In the same film exchanges for the week ending Oct. 14, 1933, there were 949 employes, an increase of 61, and a weekly payroll of $31,115.21. The home offices in- crease in the same weeks was 25 per- sons, or a total of 709 persons receiv- ing $45,962.35, an increase of $1,116.48 over the week ending June 17, 1933." Increases in average weekly pay- rolls in the exhibition field are esti- mated at 10 per cent to 15 per cent with reductions in the hours of labor. In the southeastern territory the in- crease in wages is estimated at 13 per cent and in number of employes at 17 per cent. "In one of the major circuits," it is stated further, "the number of em- ployes engaged during the week end- ing June 17, 1933, was 4,018 persons, receiving a weekly payroll of $120,- 281.68. In the same theatres which are situated in numerous cities east of the Mississippi river, during the wreek ending Oct. 14, 1933, there were 4,516 employes, an increase of 498 who receive a weekly payroll of $133,- 309.11, a weekly increase of salaries of $13,057.43. Further Increases "Another major circuit of theatres has made a very exhaustive computa- tion of additions to payroll for all controlled theatres of the company for the period when the temporary code went into effect towards the latter part of August until the time when the permanent code of the motion pic- ture industry went into effect in De- cember. There was no set date for making operative the schedules of the industry code and in one of the large cities the actual code schedules covering labor wages were put into operation a month prior to the effec- tive date of the code. For the month of January when the code was in ef- fect, the number of persons employed was substantially the same as in the preceding period, although there was a minor decrease in payrolls due to some changes in the code which were more favorable to the employer than those in the temporary code. During the temporary code period of approxi- mately four months this theatre cir- cuit's total increase, which was clear- ly and unmistakably attributable to the code, was $284,816.54, or a total increase in the entire theatre payroll of 14.6 per cent. During the same period there were other additions in payroll which were at least partly due to the code and may have also been partly due to other causes which it was impossible to break down into code and non-code exhibits. This item was $110,822.63. Therefore, the total increase during the temporary code period, that is to say, from Aug- ust until mid-December, was $395,- 639.15, or a total increase in the pay- roll of 20.2 per cent during the period in question. The total decrease from the time the permanent code was put into effect until the end of February, 1934, in the theatres of this circuit was $5,310.62." Box-Offices on Upgrade Box-office receipts have been on the upgrade, the brief continues, so that part of the increased expense due to larger numbers of workers and high- er payrolls has been compensated for. Surveys by trade paper editors are cited to show that this increase has Report Lays Many Gains To the Code affected enough other industries to aid the film industry. No definite percentages of increase are cited, but it is stated that the in- crease has been greater in key cities than in smaller spots. "In general, it may be said that business conditions continue their in- clination to be spotty, or in other words, good business depends upon strong attractions, the brief goes on. "Hence improvement which has been noted in receipts at picture theatres may be ascribed to better product than to any general outpouring of the pub- lic going to a picture merely because it is a picture. It may be construed that the public is still shopping for its film entertainment, but at least it now has the money to buy when it finds something it wants to see. This was not true a year or 18 months ago when good pictures had to struggle to do a fair business. "Along these lines there has been a noteworthy improvement in the entire south. Texas can serve as an ex- ample where the Inter-State Circuit revived vaudeville in its theatres in a form known as units, and through this combination of pictures and vaudeville this circuit is estimated to have in- creased its grosses as much as 300 per cent as against an increased over- head of 50 per cent. While this may be an isolated example, and while it is perhaps too soon to say that it is indicative, it may be conservative- ly stated that the results obtained by this theatre circuit have influenced vaudeville men to make a close study of the situation and has revived hope for a branch of the show business which was generally adjudged to be dormant. "A recent survey in the middle west of picture houses notes that many of the theatres there are doing better gross business at the matinees than at night. In general this is ascribed to cheaper afternoon prices, money in the hands of CWA workers, and the shorter working hours plus a contin- ued tendency to stay home at night to listen to radio programs." Cites M. P. Daily Reports Obviously referring to Motion Picture Daily's weekly tabulations of key city business, the brief goes on : "From another prominent trade pub- lication the Code Authority has re- ceived comparative figures of attend- ance for the calendar weeks beginning Oct. 7, 1933, and ending Feb. 24, 1934, from the cities of Boston, Buf- falo, Chicago, Cleveland, Denver, Detroit, Hollywood, Indianapolis, Kansas City, Los Angeles, Minneapo- lis, Montreal, New York, Oklahoma City, Omaha, Philadelphia, Port- land, San Francisco and Seattle. The theatres are mostly first run houses. The analysis shows the high- est weekly receipts of the period were for the week ending Oct. 21 last and the lowest weekly receipts were re- ported for the week ending Dec. 23 last." The trip of Terry Ramsaye, edi- tor of Motion Picture Herald, which (Continued on paqe 6) MOTION PICTURE DAILY Means Favors Federal Rule On Admissions Now IVs Exclusive Protection Kansas City, March 5.— Several leading exhibitors here are re- ported toying with a new gadget called "exclusive protection," while at least one major distributor is declared to be willing to go for the idea. At a meeting of the ITO today, a resolution by W. H. Fulton was passed placing the association in favor of a continuance of current city protection based on admissions and opposed buying of protection over competitive houses. The majority voted for the idea, but President Jay Means cast no ballot. Fulton introduced the resolution as an indication to the code zoning board how exhibitors stand on the question of protection. Kansas City, March 5. — The rec- ommendation that "any industry regu- lation of prices to which 80 per cent of its members agree should be en- forceable through government agencies" is contained in a letter sent by the I. T. O. of Greater Kansas City oyer signature of Jay Means, president, to Administrator Hugh S. Johnson and Division Administrator Sol A. Rosenblatt. Drafted by Means with advice of counsel and after obtaining the views of organization officers, and believed to represent the sentiments of I. T. O. members, the letter was sent to Wash- ington in line with Administrator Johnson's invitation for criticism of codes. Included was a paragraph pertain- ing to the admission price war now raging in Kansas City, concluding with the suggestion for Federal regu- lation of admission scales. Asked to elucidate apart from the letter, Means said I. T. O. counsel is preparing a zoning and protection schedule for Kansas City, and the recommendation will be made that once minimum ad- missions are set, they should be safe- guarded by Federal supervision. Says Most Houses in Accord "In Kansas City we have about 60 theatres," Means said in the letter to Johnson and Rosenblatt. "A great majority of them are in accord as to fair admission prices, double bills, premiums, etc., but those who are profiting by cut-throat practices are causing all to go down into a mjre of price-cutting, etc. That is not good business, and will create an im- pression with our public that admis- sion prices in the past have been ex- cessive and will add to their belief that all parts of the industry are roll- ing in wealth. "This impression would be false, as many of our theatres are in financial distress and this price war may be the finish of some of us ; whereas a proper admission price could save us." The letter states that the structure of Code Authority and local boards gives the distributors and affiliated theatres an unfair advantage. "The personnel of the appointed boards is excellent, but from the Code Author- ity all the way down we do not be- lieve the interests of the independent exhibitor are represented by sufficient votes to insure them equal voting power as against the combined inter- ests of the distributors and the chain theatres," it declared. Because the labor situation has been a sore spot in Kansas City for a long time and because theatres are involved in a dispute with the oper- ators' union and a new agreement, due Dec. 1, 1933, has not yet been reached, the I. T. O. head deals with code labor provisions at length. "The code undertakes to crystallize the I. A. T. S. E. wage scales in force in any particular territory as of Aug. 23, 1933. These wage scales were not uniform ; they had been ar- rived at without reference to any gen- eral underlying principle. . . . They were not the result of peaceful collec- tive bargaining on the part of the operators. "The exhibitors question the fair- ness and the justice of the govern- ment's promulgation of a code which adopts wage scales created by such processes," the letter continues. "The code in this respect does not reflect an impartial inquiry by the government into what the wage scale should be. taking all factors into consideration." The administrators further were in- formed that "the mere fact that the exhibitors were paying such scales on Aug. 23, 1933, is of no significance whatever" because of union tactics permitted over a period of years. ". . . Wage scales in effect on Aug. 23, 1933, bore no relationship to the amount of skill required, the hours employed, or the conditions involved. In this territory the hours are short hours in the subsequent run houses) ; the work is not highly skilled ; the local union here has on many occasions sent to the booths new men with little, if any, experi- ence. Further Criticism Commenting on the provision against non-theatrical showings, Means states that Section (b) of the provision "apparently nullifies same." The section referred to permits cer- tain non-theatrical showings contrary to any restrictions imposed by local grievance boards. Other criticism and suggestions : "Regarding the requirement that an exhibitor shall buy a certain amount of shorts in order to buy features, it is extremely unfair and un-American in principle and is also contrary to an agreement between the distributors and exhibitors before the Department of Justice some years back as to unfair trade practices. "Permitting distributors to desig- nate dates for percentage pictures as a requirement for purchasing the re- mainder of the product is unfair and of a confiscatory nature. "\\ e feel that the requirement to obtain a 75 per cent vote against premiums, etc., is too high. We feel that a two-thirds vote would be more equitable. "The possibility of eliminations under the provisions are practically nullified. The exhibitors are limited to the exclusion of one picture out of each 10, and by a method that is not at all clear." Williams Denies He Quit Joint Meeting Omaha, March 5. — Charles E. Wil- liams, M.P.T.O. president, denies he and other members walked out of a joint meeting with Allied recently. Williams says he left when the regu- lar meeting finished and Calvin Bard asked interested exhibitors to remain for discussion of a new organization. He also says no general protest is being made against the appointment of J. J. Spandeau to the grievance board for this territory, but he is objected to by independent distribu- tors who feel they should have a representative in his place and also by certain groups of exhibitors. Jersey Allied Board Will Meet in April Directors of Allied will be called into session the latter part of April by Sidney Samuelson, president, to discuss various policies of the organ- ization. Abram F. Myers, general counsel, arrives from Washington this week to confer with Samuelson on naming six vice-presidents to compose the national advisory cabinet. The directors will converge either at Chicago. Washington or in New York. Date is yet unsettled. Tuesday, March 6, 193' Don't Judge Code Yet, Is Authority Plea (Continued from page 5) resulted in a series of articles is re ferred to as follows : "One of the editors has just re- turned to New York from a twe months' expedition to Hollywood b motor, stopping in all manner of town from key cities to tanks along tli southern routes and he found amon the exhibitors, that in territorit where CWA money was being sper there was an up-turn at the box, office. Also the cotton and tobacc j belts were having their very best sezi son in some years due, it was reportc to the effect of various Federal go\ ernmental measures such as paymer j for the ploughing under of cotto: His general conclusion was that trl box-office curve is directly responsh ] to the employment curve. "Another trade paper editor reporJ a very generous increase in attenc I ance in theatres since last Augus and that there can be neither que; tion nor challenge of the statemei that theatre receipts viewed from broad national point of view have in proved from 12 per cent to 15 per cen He states that during a tour of tl middle west, theatre owners even] where were much encouraged by tl extent of the CWA program." The brief concludes with the state ment that 61 major producing con > panies and nearly all of the leadin independents have signed the code, ; have 114 distributing companies, it eluding all the majors. 'The time has not yet arrived \< criticism or praise," it says. "TT present period is reserved for har work and lots of it, and a closer c< menting of efforts with the admini trator's office, to bring realization 1 the fact that as the nation goes, s goes the motion picture industry." Cleveland Raises Queries on Board (.Continued from page 1) Code Authority which, they clair throws the balance of power in fav< of distributors. There is also some doubt in th minds of both exhibitors and distribi tors, affiliated and unaffiliated, as ' how the clearance situations can 1j satisfactorily handled by two membe ' who do not live in Cleveland and wl are not familiar with local conditior These two members are Mart Smith of Toledo and John Huebn of Marion. Cutts Heads New Ore. Exhibitor Uni Portland. Ore., March 5. — Oregi Exhibitors' Ass'n. was formed at j meeting here today. William Curl I Kenton Theatre, was named presiden 1 George Applebv, Hamrick Theatn J and Ted Gamble. Parker's Portlai 1 Theatres, vice-presidents ; Ruth Doy secretary-treasurer. Greater harmoi j in the industry in this state was t ) keynote of the gathering. Wage seal 1 and other matters having to do wi I the code were discussed. Who? What? When? (Continued with the M. P. T. O. of Wisconsin and Upper Michigan, Inc., with A. D. Kvool, general manager, on the board. W. L. Ainsworth, representing unaffiliated subsequent runs on clear- ance and zoning, is operator of the Garrick in Fond du Lac, a 1,100 seat house and the Shawano at Shawano, Wis., a 500 seat house. He has been an exhibitor in Fond du Lac for 20 vears and is secretary of the M. P. T. O. of Wisconsin and Upper Michi- gan, Inc. George Fischer, second representa- tive of unaffiliated subsequent runs on clearance and zoning, has been in the theatre business for approximately from page 4) 34 years. He started as a program boy when the Alhambra first opened in this city. Later he was connected with Saxe Brothers for 11 years and with the Woodlawn in Chicago for two years. For the last 12 years he has been operating his own theatres which include the National with 1,400 seats and the Milwaukee. 1.000 seats, both local neighborhood houses : the Capital in West Allis, 750 seats, and the Vogue in Kenosha, a 600-seater house. He is member of the board of directors of the M. P. T. O. of Wisconsin and Upper Michigan, Inc., and active in Rotary. Joseph G. Rhode is impartial member on clearance and zoning. Tuesday, March 6. 1934 MOTION PICTURE DAILY 7 St. Louis Theatre Tussle Versus F.&M.- Warner On (Continued from page 1) Need Seen by President to Tighten Codes (Continued from page 1) unfair methods of competition. Still more jobs must be provided by in- dustry, he declared, pointing out that the Federal Government cannot con- tinue indefinitely its present effort to provide temporary employment for the support of the millions of people who, directly or indirectly, now are taken care of in this way. Following the formal addresses of the President and other officials, the code authorities settled down to a three-day discussion of code condi- tions, particularly of the defects in codes and code compliance disclosed at last week's "criticism" hearings and embodied in Administrator Hugh S. Johnson 12-point program. Levey to Seek Aid Of Justice Office j Department of Justice help will be asked under President Roosevelt's new order issued late last week and .naking rulings of XRA labor boards final, according to Charles C. Levey, secretary - treasurer of Local 118, Theatre and Amusement Employes' Union, who declared yesterday that resignations from the union received luring the past few days were evi- dence of intimidation on the part of Jie circuits and constituted a viola- rion of the Regional Labor Board's -ulings at a hearing of representatives jf the union and the circuits last week. Levey stated that yesterday he re- eived registered letters from ushers vhose resignations had been received arlier explaining that they had re- igned "because our employers told is to." He declared that in every in- stance the letters were signed. A further hearing before the Re- .ional Labor Board has been set for Vednesday. Levey said that a satis- actory settlement would have to be eached in advance of a meeting of he executive committee of the local, ^hursday, if a strike of ushers was ;o be averted. Milwaukee Theatre Union Causes Stir Milwaukee, March 5. — Organiza- tion here of a Theatre Cashiers', doormen's and Ushers' Union is de- eloping plenty of headaches for local xhibitors. Members of the union, complaining gainst being paid the code's minimum '"age of $10 by first run houses and ontending they were not represented rt code hearings, sought relief from 'heatre operators, but were unable to ■ btain any concessions at meetings frith Fred S. Meyer, head of the I.P.T.O. of Wisconsin, who repre- ented the exhibitors at the confabs, ince then ushers have been picketing ome of the de luxe houses. ,: A former doorman and former fsher at the Warner here have filed barges against the theatre with the -RA regional labor board at Madi- |on, alleging that they were dis- , harged for union activities. a deal with the committee of bond- holders running the Missouri, Ambas- sador and Grand Central whereby there would pass to them acquisition of the three houses on a 15-year deal which calls for an aggregate rental of about $175,000 a year and increased rentals as the lease gets older. Judge Davis of the Federal Court has to approve the transaction before it can become operative. The situation is sizzling because these three theatres, originally War- ner properties under the deal made about five years ago when the Skou- rases were bought out, own the third mortgage bonds and are understood to hold several millions in equity on the properties which those close to the Warners declare will be wiped out, or certainly endangered, in the proposed deal in which Koplar is the prime mover through his success in financially interesting M. Snyder, a civil engineer. Operated Jointly The Missouri, Ambassador and Grand Central, following their ac- quisition by Warners, were operated jointly by the company and Para- mount. When Paramount went into bankruptcy, the Warners felt the load was too heavy to carry alone. Short- ly thereafter, the triumvirate of thea- tres went into receivership and even- tually passed to Clarence Turley for operation under Tom K. Smith, whom the court had named as receiver in charge. The situation is complex, but also interesting in that Spyros Skouras, despite a contract keeping him out of the local theatre field until April of this year, is reported to have stepped into the three-theatre picture because of the fact that he is personally on the first and second mortgage bonds. Whether or not this connection pre- Allied Operators Summoned to Court Supreme Court Justice Shientag yesterday signed an order, returnable today, calling upon Allied M. P. CJperators' Union to demonstrate why it should not be adjudged a company union and why an injunction should not be granted restraining it from picketing New York theatres, includ- ing grind houses on West 42nd St. Local 306 has consistently maintained Allied is a company union, and financ- ed and sponsored by the I.T.O.A. Warner Trade Show Today in 39 Cities Warners today is holding a national trade showing of six new pictures in New York and 38 other cities of the United States and Canada. The New York show will be at the Hollywood, for exhibitors from the entire metro- politan area. Motion Picture Daily has caught all of them. Pictures and dates of review: "As the Earth Turns," Feb. 15 ; "Gambling Lady," Feb. 16; "Wonder Bar," Feb. 17; "Journal of a Crime," Feb. 27; "Jim- my, the Gent." March 22; and "Har- old Teen," March 5. vails further down the line and em- braces the new development having to do with the Missouri, Ambassador and St. Louis is not known. Regardless of whether or not War- ner product would have substantial play downtown, executives of that company apparently have other ideas. Those ideas have crystallized into fast action with the signing of a lease, reported to run 15 years, on the Shu- bert Rialto, a 2,000-seat "legit" thea- tre at Grand Boulevard and Olive as the new first run home for Warner product in St. Louis. The opening date is March 31 with "Wonder Bar.'' New Circuit Talked The deal was made with Cella and Tate, well known locally. The com- pany owns the Orpheum, the Grand Opera House, the American Hotel, The Annex, the Central National Bank Building and the Fort Erie (Canada) and Hot Springs (Arkan- sas) race tracks. The firm is reputed to be extremely wealthy. Tate built the George M. Cohan Theatre and the Fitzgerald Building in Times Square, New York. The rumor is afloat that the War- ners, aroused by the proposed disposal of the Missouri, Ambassador and St. Louis, contemplate bulwarking their direct invasion of the first run field with a circuit to tie in further with the St. Louis Amusement Co., a War- ner subsidiary which operates in the neighborhoods under the aegis of Leto Hill. In the meantime, reports hard to corral, have it the Rialto not only will house Warner output but another major line of product as well. Al- though currently fortified with Fox. Columbia, RKO and Paramount, F. & M. may lose one of these outputs through pressure exerted by the War- ner national film buying power. John Harris Installs K. C. Club Officials Kansas City, March 5.— Frank Hensler, M-G-M manager, was for- mally installed as president of the Kansas City Variety Club at the Hotel Kansascitian tonight by John H. Harris, president of the national Variety Club of Pittsburgh, and James G. Balmer, national treasurer. Harris installed the other officers as well and presented the club's charter. A large turnout of charter members marked the affair, among those pres- ent being members of press and clergy. Later Harris left on The Chief for California. Will Start Revenue Bill Hearings Today Washington, March 5. — Hearings on the revenue bill will begin tomor- row morning before the Senate Finance Committee with the appear- ance before it of Secretary of the Treasury Morgenthau. The views of industry, however, will not be heard until next week, it being planned to spend this week in hearing govern- ment experts and in executive consid- eration of the measure. Autonomy for Local Boards, Authority Aim (Continued from page 1) will be reimbursed fares and also paid hotel bills. The hotel reimbursement will not include meals. Under consideration is a plan to eliminate alternates, but where certain members are forced to be absent from sessions, the clearance and zoning or grievance board will select from the opposite board a member of the same standing who does not attend. In other words if an unaffiliated exhibitor on the grievance board does not answer roll call, the board then will select an unaffiliated exhibitor of the same standing on the clearance and zoning board. The man selected acts only for that session. However, if no agreement can be reached on the man to pinch hit for the absent member, the secretary of the particular board will wire to the authority, which in turn will name a man. All boards will have rotating chair- men, the top man to be appointed un- animously at the beginning of each session. Code Authority names its new chairman at the end of every gathering. Start of clearance and zoning and grievance boards awaits approval of rules by the authority. This is ex- pected at the next session slated for next Monday. Also holding up the boards in some cases is naming of impartial members. As soon as the rules are forwarded to the boards, secretaries will be named. Recommendations for secretaries in the 31 zones are plentiful. Women's names comprise at least 70 per cent of the list now in the hands of Code Authority. Princess Winner in Suit Against M-G-M London, March 5. — Princess Irena Youssoupoff today won her suit against Metro-Goldwyn-Mayer, Ltd., charging she was libeled in "Rasputin and the Empress." She was awarded a verdict of $125,000 after the jury had deliberated two hours. The de- fendant agreed to cancel all further showings of the film. The princess charged the character of Natasha, upon whom Rasputin forces himself in the film, was a re- flection upon her. Counsel for the film company maintained Natasha was a fictional person. Counsel indicated suits would be filed against theatres in Great Britain and the United States where "Rasputin and the Empress" has been shown. A statement from J. Robert Rubin, general counsel for M-G-M, yester- day said the company was "shocked at the verdict." The statement added : "In present- ing the picture 'Rasputin' there was no intention of portraying the Prin- cess Irena. The character of Natasha is a purely fictitious one. We are ad- vised by our London counsel that they feel that the judge misdirected the jury and that the appellate court will reverse the trial court. They are ap- plying tomorrow for a stay of execu- tion pending an appeal." I I ?M Kin Supervised and Directed by Marshall Neilan Associate Producer — William C. DeMille From the play by John Emerson and Anita Loos Special Musical Compositions by Con Conrad and Ford Dabney P RESENTS MOORE / with Charles Winninger Pauline Frederick Alexander Kirkland Robert Benchley Ross Alexander Margaret Livingston 10 MOTION PICTURE DAILY Tuesday, March 6, 19; Zero Weather Hits Grosses In Some Keys (.Continued from page 1) "Moulin Rouge" gave a generally good account of itself. Los Angeles went for "Bolero" and a stage show with such a rush that the Paramount gross leaped to $21,- 750, topping the normal take there by $4,750. "Queen Christina" was also an important draw at Grauman's Chi- nese with $16,800. "Devil Tiger" was strong at $7,800 at the 4 Star. Busi- ness was pretty dull elsewhere, the slump hitting "The Lost Patrol," "Moulin Rouge" and "Fashion Follies of 1934." In a generally dull week at Buffalo a dual, "Chance at Heaven" and "Fo; at the Lafayette, developed heavy drawing power and sent the house take up to $7,600. "Queen Christina," on the other hand, even with a strong stage show, took only a normal $15 000 at the Buffalo. Three other duals "I've Got Your Number" and "Cradle Song," "After Tonight" and "Six of a Kind," and "Dark Hazard" and "Sons of the Desert," failed to stir any excitement. "It Happened One Night" and "Nana" were the only two bright spots on the Detroit amusement hori- zon. The former reached $26,500 at the Fox, over normal by $11,500, and the latter was $600 up at $10,000 at United Artists. "Sleepers East," "Good Dame" and "I Like It That Way" couldn't stand the competition Twins Top Providence Two dual bills ran away with top honors in Providence. They were "It Happened One Night" and "The Lost Patrol," with $9,000 at the RKO Al bee, and "Enlighten Thy Daughter' and "The Big Race" at the RKO Vic tory, with $3,000. "Hold That Girl' took a normal $7,000 at Fay's. "The Cat and the Fiddle" and two duals "Search for Beauty" and "Sin of Nora Moran" and "Mandalay" and "Ever Since Eve," couldn't make the grade "By Candlelight" was still an out- standing draw in its fifth week in Minneapolis. The take at the 400- seat World was $3,000, over par by $1,000. "Massacre" and "Hi, Nellie" MOTION PICTURE ALMANAC 1934-35 A/OW /A/ P/i£PA/iA T/ON //HERE TH E WORLD LOOKS FOR MOTION PICTURE PRICE ♦ C22 fact* were in the money at the RKO Or- pheum and the State, Minneapolis, with "Son of a Sailor" and "Six of a Kind" holding up to par. "Six of a Kind," "Going Hollywood," "The Last Roundup" and "Orient Express" did average business in St. Paul. The big attraction of the week in St. Paul was "It Happened One Night," with $5,500 at the RKO Orpheum. "Good Dame" and a stage show walked away with the big money in Denver, $9,000 at the Denham. This is up by $3,000. "This Side of Heav- en" was $500 up with $11,000 at the Orpheum, also with a stage show. "Moulin Rouge" reached an average $7,500 at Denver, and "I Am Suzanne" was also par with $3,500 at the Alad- din. "Easy to Love" and "Sons of the Desert" were normal at the Par amount on a split week booking. And in Pittsburgh "Search for Beauty" and Ben Ber- nie's band ran up a terrific $21,000 at the Stanley in Pittsburgh and skimmed the cream off patronage elsewhere "Tillie and Gus" and "Bedside" on a dual, "Should Ladies Behave?" "All of Me" and "I've Got Your Num- ber" were all weak. "Sweetheart of Sigma Chi" did well at $7,600 at the Pitt. Every first run in Boston did a strong business with the total first run take going to $110,000, over par by $15,000. "Nana" took $19,000 at Loew's State. "Bolero," with Miriam Hop- kins on the stage in "Affairs of An- atol," piled up $34,000. "I Believed in You" reached $19,000 at the Bos- ton. Two duals, "No More Women" and "Sleepers East" at the Fenway and the Paramount pulled well. "Queen Christina" and "Nana," both holdovers in Montreal, the former at the Capitol and the latter at the Prin- cess, were strong. The former took $13,500 and the latter $9,500. "I Am Suzanne" grabbed a good $11,500 at Loew's. "Carolina" and "Jimmy and Sally," a dual, were weak with $10,- 500 at the Palace. "Bolero" was a bright spot in the Oklahoma City lineup. It hit $4,800 at the Midwest. "Gallant Lady" pulled a fine $3,000 at the Capitol, but "Pa- looka" was weak at the Criterion with $3,800. "Devil Tiger" and Poor Rich" fared badly at the Liberty. Indianapolis had nothing outstanding in the way of grosses. The figures were: "Palooka," Apollo, $3,000; "Bolero," Circle, $4,000; "No More Women" and "Search for Beauty," Indiana, $3,500; "Advice to the Love- lorn," Lyric, $7,000 ; "Moulin Rouge," Palace, $6,000. "One Night" Clicks "It Happened One Night" swept in- to a new record for the season in the RKO Palace, Cleveland. The $28,- 000 take topped normal by $10,000. Fashions of 1934" garnered a fine $5,500 at Warners' Hippodrome and "She Done Him Wrong" with "Sleep- ers East" was strong at Warners' Lake. "Moulin Rouge," "Four Fright- ened People" and "You Made Me Love You," a dual, and "Bedside" failed to hold up. Philadelphia grosses were slapped by a blizzard, but "Search for Beauty" grabbed a $16,000 at the Earle, "Com- ing Out Party" had a fine $15,000 at the Fox, and "It Happened One Night" was over par with $14,000 at the Stanley. "Carolina," brought back for a second run at Keith's, was good for $8,000. "Moulin Rouge" reached $5,500 in its third week at the Al- dine. "The Cat and the Fiddle," "I've No Civil War New Orleans, March 5. — General Francis T. Nichola Chapter, United Daughters of the Confederacy, has writ- ten to the censor protesting that one of the titles in "Carolina" reads : "Forty years after the Civil War." The chapter requests that this be changed to "Forty years after the war between the states." Got Your Number" and "Broken Dreams" were just average. Chicago came through the zero spell with some good takes. "Moulin Rouge" topped par by $4,000 on a $21,- 000 take at the United Artists," and "Hips, Hips Hooray" did well, get- ting $23,000 at the Palace. "Carolina" held up to $8,000 in its second week at the Roosevelt. "Death Takes a Holi- day," "Bolero" and "Counsellor at Law" failed to develop strength. Improved Sound Is Predicted Shortl1 Cincinnati, March 5.— "Palooka" beat the previous Saturday-Sunday take at the Lyric here by $2,442. Bus- iness was attributed to a "Palooka" contest conducted in the Times-Star plugging the picture daily. Philadelphia, March 5. — The Al- dine set a pretty record with "Nana" when the box-office registered $3,678 on first week of the run. The picture will probably be held for two or three weeks. Denver Speculates On Balaban's Visit De> >"ver, March 5. — Speculation as to A. J. Balaban's theatre plans was stirred anew here by a visit he made with Marco Wolff. They inspected the Orpheum together and Wolff an- nounced a continuation of the "name" policy for that house. Balaban insisted his visit here was merely a friendly visit, although there have been insistent rumors he might take over the Paramount and Denver. He said his present interest in thea- tres was merely that of a former thea- tre man. He is looking over proper- ties in other cities and indicated he would not be adverse to reentering the show business. Both Balaban and Wolff conferred with Harrv Huffman. (Continued from page 1) electrical currents accurately in oiu millionth of a second. The device is now being j* through its paces at Warners, Par; mount, M-G-M, Columbia, Fox an United Artists and is expected to b utilized in actual production in t* weeks. Mathematical experiments by Erj prove it possible to eliminate husk ness of voices and general distortic of sound, it is claimed. According t Pratt, it is now possible to recoi sound so accurately it is immateri; whether the film is theoretically u termittently stationary or moving ; an irregular pace, with the ne equipment. Sound directors attending tr demonstration were E. H. Hanse; Fox; Thomas Moulton, United Ar ists; Major Nathan Levinson, Wa ners; Douglas Shearer and Wesk Miller, M-G-M; Gilbert Kurlan Universal ; John Livagary, Columbi and Dr. E. M. Honam, General Sep ice Studios. In a statement, issued in New Yoi yesterday, Erpi declared: "Inasmuch as the new recordir can be reproduced without any add tions or changes of equipment in the tres that have 'Wide Range' repr duction it is anticipated that the in' proved sound will reach audiences those theatres in about two months1 Cold Hits Business Hard in Cleveland Cleveland, March 5. — R e p o r t s from the Cleveland Chamber of Com- merce show that local business was up between 10 and 15 per cent the first three weeks of January, but since then has slipped approximately 20 per cent. Much of this is attributed to the severely cold weather which has slowed up all lines of business. "One Night' Hits Record Cleveland, March 5. — "It Hap- pened One Night," broke the RKO Palace record since the introduction of stage shows with pictures last October, topping "Little Women" by approximately $5,000. Weather all week was terrible — snow, ice and zero temperature. The stage show was "New Yorkers" with George Givot and a large cast. Balaban Takes on K. C. Supervision Kansas City, March 5. — Furth" extending Publix decentraiizatic John Balaban of Chicago announo here today that he had taken over s_ pervision of the local Newman ai' Royal theatres. Supervision will be direct, Balab; determining the policies of operatic etc. Balaban said the reason for t move was because the New York c fice of Publix had virtually reli quished theatre operation and also b cause the local houses are isolated 1 the middle west partnerships and d centralization. Closer supervision W be possible from Chicago, he said. No plans for a change in the Ne' man's present policy of duals at cents have been made, he said, as prefers to await developments. I did say, however, that duals at a lc price'at this house and the entire pri situation here are destructive. The Balaban organization has abo 100 houses under operation and supe vision in Chicago and Illinois. Na Piatt is here looking over operatic with Balaban and will supervise 1 callv. Erskin Puts on Lunch Chester Erskin is staging a pre luncheon today at the Waldo Astoria in connection with a showii of "Midnight." which opens Frid at the Roxy. To Push Selections Hollywood, March 5. — At a mei ing today the Wampas passed a res lution to go through with its ba star selections. sday, March 6, 1934 MOTION PICTURE DAILY hio Tax Program Hanging in Balance (Continued from page 1) jislature. In the proposals are a ee per cent general sales tax, one cent increase in the utility tax ed on gross annual business, per- al income taxes of from one to ; per cent. iales tax opposition, vehement at last session, has died down some- it. Exhibitors' hopes lie in the sage of this tax, as they believe ,vould result in the abrogation of present admission tax. n the series of meetings conducted the Independent Theatre Owners ut the state senators and repre- atives have been invited to attend the purpose of impressing them h the strength of the opposition. ouse Passes Bill To Curb False Data (Continued from page 1) it agency with "intent to defraud" passed by the House today and immediately be sent to the Sen- Penalty of five years' imprison- t or $5,000 fine, or both, may be osed. he legislation was brought into the use after government officials had lested they were experiencing diffi- y in enforcing regulations under < of the codes. juimond to Gaumont ou F. Guimond, well known film icist, has been placed in charge •ublicity for Gaumont British Pic- s Corp. of America by Arthur A. Guimond replaces Charles F. lies. Kansas Bishop Bans Films During Lent Kansas City, Kan., March 5. — An absolute ban on films during the Len- ten season has been declared by Bishop Francis Johannes of the Leavenworth diocese. The pastoral message con- tained a severe criticism of films other than "educational and cultural" and made a plea for Federal legislation. Exhibitors are reported deeply con- cerned. The diocese comprises Kan- sas City, Kan., Leavenworth, Atchi- son, Lawrence, Topeka, St. Mary's, Olathe, Paola, Ottawa and smaller parishes. "Unscrupulous producers of films," said the Bishop, "bent upon enriching themselves at the cost of public de- cency, do not hesitate to flaunt before the eyes of the public the most shame- less and most degrading, filthiest scenes imaginable." Warners' Drive Clicks Dallas, March 5. — Brisk business for the opening week-end of War- ners' "As the Earth Turns" at the Melba here capped an advance pub- licity and advertising campaign that clicked for large space in all local papers. Columns of feature stories and pictures on the world premiere of the Warner picture were increased by the personal appearance of the author, Gladys Hasty Carroll, for the opening performance, Friday. Here on FWC Financing Spyros and Charles Skouras, H. W. Moore. Jr., William P. Powers, Ed- ward Zabel and Percy R. Kent have arrived from the coast to confer with Chase Bank officials on reorganization of Fox West Coast. Films Help Church Glouster, O., March 5.— Mo- tion pictures of wild animals in their native haunts are being used to attract the pub- lic to evangelistic services by the Rev. Charles H. Richards at the Church of Christ. Where services have been lightly attended prior to the introduction of pictures, it now is necessary to provide many extra seats to take care of the crowds. Col. -Pat he-Nat an Deal Up in France Paris, March 5. — Columbia and Pathe-Natan are discussing a deal which pivots about the latter's han- dling distribution of the former's product here. Columbia has an office here and J. H. Seidelman, foreign head of the company, arrives from London tomorrow to talk over the proposition. Seidelman has been here before. Mrs. Seidelman sailed from New York on the Rex last Saturday and will meet her husband in Genoa. Both are expected to return to the United States around March 25. Gaumont Releasing Two Gaumont British has changed the title of "Aunt Sally," soon to be re- leased here with Cicely Courtneidge and Sam Hardy, to "Mademoiselle Zaza." The company has also sched- uled "Orders Is Orders" for early release. The picture stars James Glea- son and Charlotte Greenwood. Bankers' Salaries Latest to Come Out (Continued from page 1) Francisco, with a. salary of $40,000; Hubert P. Howell, president of the Commercial National Bank & Trust Co., New York, $67,500; S. Sloan Colt, president, Bankers' Trust Co., $66,750; George W. Davison, chair- man of the board, Central Hanover Bank & Trust Co., $100,000; Percy H. Johnston, president, Chemical Bank & Trust Co., $125,000, and Harvey D. Gibson, chairman of the board, Manufacturers' Trust Co., $125,000. The bankers named, with the excep- tion of Dr. Giannini, were identified with the $13,200,000 refinancing of Paramount Publix in 1932. N. Y. Claims' Total In 1933 Up to 4,609 Members of the New York Film Board of Trade during 1933 filed 4,609 claims involving $771,702.52 against local exhibitors for alleged breach of contracts. Exactly 3,351 claims, amounting to $517,556.46, were collected and pending are 697 claims involving $109,793.84. Abandoned as uncollectable were 561 claims involv- ing $144,352.22. Of the claims filed, 86 per cent were collected, the board figures. Lambs Busy on Gambol Reservations are reported to be pil- ing up for the Lambs' St. Patrick's day dinner gambol and ball at the Waldorf Astoria. The proceeds are to be used for the Lambs' Memorial and Relief Fund. Grover A. Whalen is chairman of the committee. FOR 20 YEARS. ..Generol Registers have been standard cash control equipment for theatres . . . restaurants . . . cafe- terias ... soda fountains ... De- signed by foremost engineers . . . manufactured by skilled technic- ians . . . serviced by expert mech anics . . Ihey are the infallible guardians of cosh receipts GENERAL REGISTER CORPORATION 7 1018 S. WABASH AVE. CHICAGO, ILL. 1540 Broadway, New York 1726 SO. VERMONT AVE. 57 COLUMBUS AVE. LOS ANGELES. CAL. BOSTON, MASS. 307 NO. 13th STREET PHILADELPHIA, PA. in c^jHim •» R ALD ARE This industry was born with its opening night, 37 years ago, on the screen at Koster & BiaPs Music Hall in Herald Square, where Thirty-fourth Street crosses Broadway. In the years between, amuse- ment centers have moved on and the in- dustry which began that night has spread to dominance over all the world. With it and a part of it, Motion Picture Herald has grown, too, so that today all the motion picture world, again — and still — is centered on the new "Herald Square" of today which covers the world. TODAY'S "HERALD SQUARE" IS THE COMPLETE DOMAIN OF THE MOTION PICTURE SCREEN ■ ■ -■ ■ - . .. - - ■ MOTION PICT . . . Motion Picture Herald's coverage begins at the production stages from Hollywood to Elstree and extends across the exhibition map wherever pictures are played. • • Motion Picture Herald, the center of that great "Herald Square" which is the motion picture world of today, is a product and an achievement growing out of the great sum total of motion picture experience. The pages of this institution of publication and all its pioneering components have continuously recorded and presented the products and triumphs of the screen from the days of the dawn of the nickel- odeon, growing in scope, in power and in service as the screen has grown. Motion Picture Herald today represents a continuity of effort in a single in- stitution and in application of a single policy of service that is older that any other institution now operating in the motion picture industry. LD ru a Quigley Publication ^ Home Office: 1790 Broadway, New York PREVIEW for the entire nation— DATE: Thursday Night, March 8th. TIME: 10 P. M. Eastern Standard Time PLACE: Co ast-to-Coast network from National Broadcasting Studios, New York, Station WEAF, KraftThenix hour. PROGRAM: Thrilling radio dramatization of M-G-M's giant attraction "VIVA VILLA!" It is the greatest advance plug, with nationwide coverage, for any picture in film history! IMPORTANT! Get m touch with your local radio station today. Make arrangements for a local station announcement immediately follow- ing the "Viva Villa!" broadcast, stating that this picture will soon come to your theatre. The Leading lewspaper Picture Industry MOTION PICTURE DAILY Alert, Intelligent and* Faith fui Service to the Industry in All Branches OL. 35. NO. 54 NEW YORK, WEDNESDAY, MARCH 7, 1934 TEN CENTS Skourases Out Of St. Louis Proposed Deal P. & M. Plans Calls for Control by Sept. 1 St. Louis, March 6. — The Skouras rothers step out of local theatre peration Sept. 1, when F. & M. takes ver the Missouri, Ambassador and Irand Central from the bondholders, kouras is now operating the trio un- er a leasing deal with the receivers. Skouras originally built these houses nd put up a personal guarantee of 6,800,000 on the bonds. The theatres •ere later sold to Warners and then everted to Skouras when the re- eivers for the St. Louis Amusement o. made a special deal with the (Continued on page 14) >roduction Booms In Coast Studios Hollywood, March 6. — Production normal for the first time in three onths with a total of 41 features and ) shorts in work. This is a decided crease over the preceding week, hich had 37 features and 11 shorts in •tual production. Continued activity looked for as 28 features and 14 iorts are in the final stages of prep- (Continued on page 14) L Y. Senate Gets 0% Admission Tax Albany, March 6. — A bill calling r a 10 per cent admission tax has en introduced in the Legislature by :nator John L. Buckley of New York ty. Its passage is a possibility a result of Democratic opposition (Continued on page 14) "WC Sessions Here To Start on Monday Reorganization meetings between ustees, bankers and other principals volved in the affairs of Fox West 3ast, get under way here Monday aen S. R. Kent, president of Fox, (Continued on page 14) *adio to Make From 10 to 12 in London Returning on the Berengaria yester- y after seven weeks abroad, Phil :isman, head of Radio's foreign ac- uities, stated the company will make (Continued on page 12) Contend 89.5% of Code Benefits Independents Gov't After Tax Evaders Washington, March 6. — Launching a drive to collect approxi- mately $1,000,000,000 in unpaid back taxes, the Treasury Depart- ment is asking corporations in all industries for lists of all those sharing in profits, it became known today. The inquiry is under- stood to cover a considerable period. In addition, a close study is being made of the information secured by the Federal Trade Com- mission in its investigation of corporation executives' salaries. In a number of instances, it is said, income taxes have been evaded by persons receiving profits through "partnership" agree- ments of one sort or another. Hearings on Patman Bill to Catalog Films Open Mar. 19 Washington, March 6. — Hearings on the Patman bill for the "catalog- ing" of films will begin before the House Interstate Commerce Commit- tee March 19, it was announced to- day. The measure was introduced by Representative Patman of Texas last spring. It provides for a nine- member Federal picture commission, four members of which shall be wo- men, to "inspect, classify and catalog" films, both silent and talking, before they enter into interstate and foreign commerce. A list of some 30-odd prohibitions upon material to be used in pictures is provided in the bill ; a fee of $10 per thousand feet is to be imposed for inspections, and penalties ranging from a fine of $500 or imprisonment for six months to a fine of $10,000 and imprisonment for three years are provided for violations. One hundred (Continued on page 14) Kansas Court Test on Film Cuts Looming Kansas City, March 6. — Censor- ship in Kansas, long a source of com- plaint by exhibitors and distributors, is nearing a showdown in which the courts may be called upon to deter- mine the powers of the state board. While distributors are reluctant to discuss the matter, they admit dis- satisfaction with numerous deletions ordered by the board, which, they say, (Continued on page 12) Hope to Name All of Boards By This Week Every effort will be made by the committee on selections to complete its choices for the 10 remaining code boards by Saturday. Of the five cities left, New York still stacks up as the toughest to get straightened out and various plans are afoot to end the wrangling. In Boston, Philip Smith, originally set as first-run unaffiliated exhibitor (Continued on page 6) Who? What? When? The thirteenth instalment in Motion Picture Daily's series of biographical sketches of the men who make up code boards will be found on page 7 today. Analysis Is Submitted to NRA by Gabriel Hess of MPPDA Washington, March 6. — For the purpose of proving that the film code does more for the protection of inde- pendent exhibitors than any other factor in the industry, Gabriel L. Hess, general attorney for the M.P.P.D.A., today submitted to the NRA confer- ence a 35-page code analysis. The brief was construed as the Hays or- ganization's answer to that filed last week by Abram F. Myers in behalf of independents. By taking up the code section by section and concluding with a general summary, the analysis purports to show that 89.5 per cent of all provi- sions of the code were for the benefit of independent exhibitors, distributors and producers. According to the analysis 99.9 per cent of these provisions gave rights to independent exhibitors, distributors and producers which they previously did not have. Four per cent of all (Continued on page 6) Capital Conference Is Called on Radio Washington, March & — Division Administrator Sol A. Rosenblatt has called a meeting here of film, radio and the legitimate theatre code au- thority committees for tomorrow night to discuss free broadcasting au- ditions. Appointed to the radio committee are John Shepard of Boston, M. R. (Continued on page 6) MPTOA Says Allied Suit Was "Fizzle" Pointing out that qualified assents to the code listing various reserva- tions proposed by Allied States are still unacceptable, an M. P. T. O. A. statement issued yesterday terms Al- lied's recent Federal Court action against the Code Authority and Di- (Continued on page 12) Allied Leaves Code Up to Individuals Despite withdrawal of its suit against Code Authority and the prox- imity of the deadline for sending in (Continued on page 12) MOTION PICTURE DAILY Wednesday, March 7, 1934 MOTION PICTURE DAILY (Registered U. S. Patent Office) Vol. 35 March 7, 1934 No. 54 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 (Juigley, 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. Clifford, manager; London Bureau: 6 Brookland Close, Hampstead Garden Suburb, Bernard Char man, Representative; Berlin Bureau: Berlin-Tem- pelhof, Kaiserin-Augustastrasse 28, Joachim K. Rutenberg , Representative; Paris Bu- reau: 19, Rue de la Cour-des-Noues, Pierre Autre, Representative; Rome Bureau: Viale Gorizia, Vittorio Malpassuti, Representative: Sydney Bureau: 102 Sussex Street, Cliff Holt, Representative; Mexico City Bureau: Apartado 269, James Lockhart, Representa- tive; Glasgow Bureau: 86 Dundrennan Road, G. Holmes, Representative; Budapest Bureau: 11 Olaaz Fasor 17, Endre Hevesi, Representative. 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. Dietz Starts East Howard Dietz left Hollywood yes- terday for New York and is slated to return to his office Saturday morn- ing. Although scheduled to take off late last week, the M-G-M publicity, advertising and exploitation head stay- ed on the coast several days for con- ferences with David Selznick. Gets "Forgotten Men" First Division has closed with Sam Cummins for distribution of "Forgot- ten Men" in 10 territories where it has exchanges. Cummins is negotiat- ing other independent distribution deals and plans to leave for the west in a few weeks. MOTION PICTURE ALMANAC 1954-35 NO W /N P/i£PA/lA T/ON //HERE THE WORLD LOOKS FOR MOTION PICTURE feet* Big Names Lined Up For M. P. Club Talks Gov. Herbert H. Lehman, Will Rogers, Nicholas Murray Butler and Gov. Albert C. Ritchie are on a list of prospective speakers at future luncheons of the M. P. Club. Speeches at all club luncheons will be broad- cast and a national chain has offered the club $10,000 for the broadcasting rights. The luncheon forums are scheduled to resume in the near future. The club gymnasium has been re- opened with Jim Savage, well known trainer, in charge. The new bar is being installed in the lounge and will be opened within the next two weeks, following which regular cocktail hours with dancing will be inaugurated. An associate member class, limited to 150 prominent people outside the industry, is being organized. A new slate of officers is being completed and will be ready for announcement at the next meeting of the club. Those who received invitations to the reorganization meeting of the club last week are urged by the reorgan- ization officers to attend the daily luncheon hours during the next few weeks. General Register in Midst of Expansion General Register Corp. is in the midst of an expansion campaign. The Chicago office has been reorganized and the force of mechanics tripled, a Boston office has just been opened and the Los Angeles office is to be reor- ganized. Arthur Abrams has been made dis- trict manager with headquarters in Chicago by W. L. Tenny, general sales manager. Sol Ehrenberg takes charge of theatre sales of ticket registers. Oscar Hoedecker, as New England manager, has been put in charge of the new Boston office. Tenny is now in Los Angeles for the reorganization there and he will later visit San Diego, San Francisco and Seattle. Tuttle to Remake Story Hollywood, March 6. — Fox has ac- quired rights to Frank Turtle's "Ap- ple Tree," which he produced in Eng- land, but never released. He will re- make the film, using parts of the origi- nal for the English background. Ampa Plans Canvass On Star-Rating Films Members of the Ampa, in an effort to force discontinuance of star ratings in reviews of pictures in the New York Daily News, are mulling oyer a campaign of attack similar to that recently accomplished in Chicago where the system was abandoned by the Tribune, under the same owner- ship as the News here. The Windy City campaign, which was sponsored by Balaban & Katz, consisted of a poll of all theatre-goers and their reaction to the star system. The consensus of opinion was that if a picture garnered under two stars the review was not read. Theatre operators in Chicago pointed out to the publishers that when reviews are not read, the space is wasted. All pictures are now criticized without star rating. Ampa officers are contemplating prevailing upon all theatres in New York to canvass patrons for reactions on the News system in addition to getting letters from producers and other film men condemning the sys- tem. These will be presented to the publishers of the local daily with a plea to discard the stars. Ampa to M. P. Club The Ampa is shifting its meetings to the M. P. Club starting tomorrow, which will be known as "Tower Mag- azines Day," with Alary Pickford as guest of honor. Recent sessions were held at the Paramount Grill. Other personalities enlisted by Hugh Weir and Catherine McMelis for the occa- sion are Ruth Etting. Don Bestor and the Voice of Experience. May fair Drops Passes Giveaway "courtesy" tickets have been abandoned by the Mayfair in observance of the code. Recently Howard S. Cullman, receiver for the Roxy, wrote Division Administrator Sol A. Rosenblatt, calling the matter to his attention. Rosenblatt answered he would notify Walter Reade, opera- tor of the Mayfair, of the code viola- tion. "Register" Release Soon Columbia will nationally release 'Social Register" on March 10. Universal Pfd. Up 2 On Big Board Net Change + 54 - 54 + % —i + x - 54 +1 — % - Va — % — % +2 High Low Close Columbia Pictures, vtc 25 2454 24% Consolidated Film Industries 4% 454 4% Consolidated Film Industries, pfd 17 165*6 16% Eastman Kodak 8954 89 89 Fox Film "A" 15J4 15 1554 Loew's, Inc 32 31% 31M M-G-M, pfd 23 23 23 Paramount, cts 4% 454 4% Pathe Exchange 354 3% 354 Pathe Exchange "A" 19% 19 19 RKO 354 3% 3% Universal Pictures, pfd 32 32 32 Warner Bros 6% 654 6% Technicolor Gains % On Curb Net High Low Close Change Technicolor 954 954 954 + % Universal Pictures 354 354 354 + % Keith Bonds Soar 3 Points High Low Close General Theatre Equipment 6s '40 10J4 9% 10% Keith B. F. 6s '46 65 64 65 Paramount Broadway 554s '51 34 34 34 Paramount F. L. 6s '47. 47 4654 4654 Paramount Publix 5%s '50 46 46 46 Pathe 7s '37, ww 93 93 93 RKO 6s '41, pp 3854 37 38 Warner Bros. 6s '39, wd 555*8 55% 55% Net Change - % +3 -1% -2% s7 +1% Sales 400 1.800 1.800 200 500 4,000 100 2.200 2.300 2,800 2,200 4.000 800 Sales 200 100 Sales 10 5 1 12 1 1 7 5 i Purely \ Personal ► DAVID BERNSTEIN, Davi: Loew, Leopold Friedman, Jaci: Cohn, Abe Montague, Rube Jacktei- Jules Bbulatour, Nat Cohn, Lev Weinberg, among the new converts tci the M. P. Club dining room at lunch eon yesterday. Rube Wolf ends an eight- \veel< stay as master of ceremonies at th< Roxy tomorrow night. He is goin: into radio work. Wesley Eddy sue ceeds. James Farrell's "The Young Man hood of Studs Lonigan" has been ac quired by Mo Wax and Ronalj Bank. Max Friedland, Universal Euro pean manager, in from Hollywood to a few days before returning to Paris Gene Raymond left for the Coas yesterday to resume work after va cationing here and in Florida. Polly Moran will come east for week of personal appearances startim March 16. Nat Spingold has returned fror Miami, where he vacationed. Nashville Bank Clain Against P. -P. Slashet A claim of $435,000 filed agains Paramount Publix by the America I National Bank of Nashville was re duced to $165,400 by Henry K. Davi: referee in bankruptcy, yesterday, fol lowing objections made by counsel io Paramount Publix trustees. Referee Davis granted the 15th an 16th St. Realty companies of Denye an additional week in which to fil briefs in support of claims aggregat ing $1,475,000 and accorded Para mount Publix a week thereafter i which to file replies. The claims ar; directed against both Paramount an Publix Enterprises and involve thes tre leases and bond indentures on th Paramount and Denver theatres, i Denver. Paramount was down s guarantor on the leases and inder tures, although the theatres were hel by Publix Enterprises. Cantor Sets Committee Eddie Cantor, president of the Jew ish Theatrical Guild, has appointed following dinner committee for tl complimentary banquet to be tenden George M. Cohan and Sam H. Harr by the guild at the Astor, Sunday ev< ning, April 8: Fred Block, chairmar William Degen Weinberger, trea urer ; George Jessel, Julius Tannef Hugo Reisenfeld, William Morris, J Harry Cooper, Daniel Frohman, Ja< Benny, S. L. Rothafel, Jack Pearl, S Bloom, Jack Lait, Harry Hershfiel Donald Flamm, Abe Lastfogel, Lestt Hammel, Ben F. Holzman, Lee Shi bert, J. J. Shubert, George S. Katv man, George Gershwin, Irving Berli; Adolph Zukor, Ed Wynn, Max Steuer, Otto H. Kahn and Bess Mack, publicity. Sign for Cameo Harry Shiftman and Jack Shapiij have signed contracts with RKO M the Cameo, which the independenl have been operating for the past se-j eral weeks. ► r To The Motion Picture Exhibitors of America Here's my personal pledge based \ on my reputation of fifteen years as a successful showman: The first screen production of my SCANDALS is the finest entertainment achievement I have ever created. Yours in show business, AND FOR PROOF . . . SPECTACULAR BO> 100% Entertainment!" show More "Variety review raves: "Alice Faye turns in a splendid per- formance". . ."Vallee is great for the gals". . ."Jimmy Durante draws multi laughs"... "Cliff Edwards comes close to stealing pic" . . . "A cute trick is Dixie Dunbar". . ."A bang-up job by 1 Harry Lachman who directed the musical numbers"... "Dance routines and production stuff especially flashy and novel". . ."Girls are luscious look- ers and good hoofers" . . . etc., etc. OFFICE Variety Just read this: // / George White's Scandals' as Oakland saw it (preview), stands out as spectacular box office with everything it takes in cast, hit tunes, laughs and numbers. It's one of the best musicals turned out. 'Scandals' is 100 per cent entertainment, with laughs galore. It's punchy and well-paced/— VARIETY GEORGE WHITE'S SCfl N DA LS with RUDY VALLEE JIMMY DURANTE ALICE FAYE ADRIENNE AMES GREGORY RATOFF CLIFF EDWARDS ci n d GEORGE WHITE Entire Production Conceived, Created and Directed by GEORGE WHITE • Musical Numbers direction of Harry Lachman • Story direc- tion by Thornton Freeland • Music and Lyrics: Ray Henderson, Jack Yellen and Irving Caesar • Executive Producer, ROBERT T. KANE 6 MOTION PICTURE DAILY Wednesday, March 7, 1 95 Allied of Wisconsin Irked By Makeup of Code Boards Assert 89.5% Of Film Code Helps Indies (Continued from page 1) provisions were for the benefit of large distributors, the analysis states, and none of this four per cent granted any new rights to distributors. Further, the analysis says 2.2 per cent of the code provisions were for the benefit of large exhibitors. Allied States, of which Myers is general counsel, is described by Hess as representing "an insignificantly small group which carries on its 'snip- ing' not for the genuine purpose of protecting the rights of small enter- prises and minorities but rather to gain for this small minority rights which would give it more power than the majority." In a general summary the analysis says all sections of the code, except- ing those dealing with labor, admin- istration, definitions and mandatory provisions, had been discussed. Forty- five parts were analyzed. "Of these," the analysis states, "26 were for the benefit of the independent exhibitor, distributor and producer. Of these 26, 25 granted them rights which they previously did not have. "Of the remaining 19 parts, 16 re- ferred to general rights and were not designed to benefit specially any group in the industry." Distribution Discussed Under the general heading "Dis- tribution" the analysis takes up 12 points, and says that with the excep- tion of one fire clause for the general benefit of the industry, all these points are for the benefit of independent ex- hibitor and "granted rights which he never before enjoyed." Listed among independent exhibi- tors' benefits are : Prohibition on threats to build from large distribu- tors ; barring of the practice of hav- ing distributor employes in theatres for the purpose of affecting sales ; bar- ring of substitutions in directors or casts and the provision that exhibi- tors must be notified when substitu- tions are contemplated where distribu- tors have this right in a contract ; the provision that grievance boards shall rule on non-theatrical accounts when it is claimed these are unfair competi- tion; limitation on short subject sales with feature product ; assurance that checkers' figures will be kept confi- dential ; prohibition on transfer of as- sets by a distributor; adjustment of average prices in contracts where dis- tributors have failed to deliver the whole contract through grievance boards ; the ban on distributors' efforts to get special playing days unless the days are specified by contract in ad- vance; the privilege of applying for arbitration where distributors attempt to withhold features for breach of short subjects contracts. The second section of the analysis is devoted to "Exhibitors." This is divided into seven parts, and it is con- tended that four of these seven parts grant rights to exhibitors not previ- ously held by them; that two parts are for the benefit of distributors, but merely codify existing law and do not deprive exhibitors of any rights previously held, and that one part, dealing with advertising, is for the benefit of prior-run exhibitors. Milwaukee, March 6. — Opinion among film leaders concerning ap- pointments to code boards for this ter- ritory is that they are fair in their setup and represent all interests. Those favoring the setup point out that board representatives include those who have done most for the industry during past years and represent experienced men. The fly in the ointment, of course, is the fact that no members from Al- lied of Wisconsin were named, de- spite the fact that a number of names from that organization were sub- mitted. Allied had expected at least some representation and consequently the strong M. P. T. O. of Wisconsin and Upper Michigan leaning in the code makeup is not regarded with pleasure by Allied men. The "ins," however, point out that the independent exhibitor is adequately represented by W. L. Ainsworth of Listed among the independent ex- hibitors' benefits are the following: Requirement that exhibitors with se- lective contracts make their selections within 21 days after availability ; pro- hibition against overbuying by big ex- hibitors ; possibility of curbing give- aways, lotteries, prizes, etc., by 75 per cent vote in any given territory; pro- hibition on interference by an outsider when an exhibitor is negotiating a new lease. The section for the benefit of prior- run exhibitors is given as the restric- tion on advertising by subsequent runs prior to the completion of the first run. The two sections cited as of benefit to distributors are the prohibition against transfer of assets by an ex- hibitor to avoid performance of a. con- tract and the provision that no ex- hibitor can show a picture prior to dawn of the first day of his booking. Under the general heading of "Dis- tributors-Exhibitors" the analysis states that three of the six sections are of benefit to independent exhibitors and the remaining three are general subjects of advantage to exhibitors and distributors. Other Exhibitor Benefits The three parts described as of benefit to independents are : Require- ments for use of standard contract forms ; provision for arbitration under the optional standard license agree- ment, and the 10 per cent cancellation privilege. The remaining three parts described as benefits for exhibitors and distributors are : Prohibition against attempts to breach a contract either by a distributor or exhibitor ; ban on giving of a gift by either a distributor or exhibitor for the pur- pose of obtaining an advantage, and the prohibition against revealing box- office receipts. Grievance and zoning boards are discussed at length, and it is contended that all the provisions covering these boards are beneficial to independents. "For many years," .the analysis reads, "some exhibitors have com- plained that powerful first run exhibi- tors have obtained unreasonable clear- ance in respect to the length of time and in respect to area over which the clearance is granted. The only prac- tical solution for this problem seemed to be the drafting of clearance sched- Fond Du Lac; George Fischer, Mil- waukee ; Tom Saxe, Milwaukee, who has always been a champion of the independent operator, and Fred S. Meyer, also of Milwaukee. Another objection voiced is against Joseph G. Rhode, Kenosha, impartial representative on the clearance board. Rhode, it is pointed out, is a former president of the M. P. T. O. of Wis- consin, and, although he is now in the bill posting business in Kenosha, is reported to own the site upon which the Gateway is located in that city. Consequently there are some who feel that he is not in a position to act im- partially. How soon the local boards will start functioning is problematical. At pres- ent members are awaiting further in- structions from the East and there are those who believe they should have something in writing from the Code Authority verifying their appointments. ules — permitting all groups in the in- dustry to participate and decide in advance what was fair and reasonable clearance and what was unfair or un- reasonable clearance. Such clearance and zoning schedules were in several instances prepared. They afforded re- lief to complaining exhibitors. But there were others who made legal attack upon these arrangements, claim- ing that they were contrary to law. Boards Held a Benefit "The code affords a legal as well as a practical solution of this prob- lem. It creates clearance and zoning boards in each of the 32 exchange ter- ritories in this country. Each of these boards is composed of two dis- tributors, two first run exhibitors and two subsequent run exhibitors. In addition there is an impartial repre- sentative approved by the administra- tor who has no affiliation with the motion picture industry. "This board appears to be as fairly set up as possible. There are some distributors who complain that since there are four exhibitors and only two distributors represented upon the board, and since the general economic conflict involved is between exhibitors and distributors, that the exhibitors have undue representation upon these boards. On the other hand some ex- hibitors complain that the first run exhibitors have a joint interest with the distributors, and, therefore, that the balance leans the other way. It is impossible in such a matter to sat- isfy all. Obviously a sincere and earnest effort has been made to give fair representation to all groups." Under the general heading of pro- ducers and distributors the analysis contends that the industry has been benefited by the prohibitions against defaming competitors, threatening of legal proceedings and obtaining of confidential information by unfair means. Attention is also called to the benefits accruing from the follow- ing seven points : Ban on obtaining the dismissal of stage employes so they can work in pictures; ban on conspiracies to prevent producers from obtaining studio space; ban on em- ploying members of families as extras ; regulations concerning agents; rules governing relations between producers and talent; ban on enticing employes to new jobs. Hope to Nairn All of Board By This Wee] (Continued from page 1) on the clearance and zoning boa may be replaced by Frank Tough Ed Fay was being considered for post, but various objections are s to have moved him off the list. 1 independent subsequent run exhibi on the same board, a post open u last week, has been set. In Washi ton, opinion varies on distribut members. Exhibitor appointees ready for announcement. Unsettled in Philadelphia is the f run independent exhibitor on the cle ance and zoning. In San Franci: Morgan Walsh is being contested b major distributor and the probabi is that he will be replaced. New York, considered by distri tors and exhibitors as too large area for one board and also too portant in point of sales, faces s eral plans. Some members want board and others want three. A d promise may be effected whereb; board will be named for clearance zoning and another for grievance \ three advisory committees for e board. The plan for boards and advi; groups would have the area split three divisions, northern New Jei and Staten Island, Long Island i Queens and Brooklyn, and Manha i and the Bronx. Problems ari among exhibitors in northern t Jersey would be handled in conji tion with the advisory board appoi for this territory, etc. However, jections already have been vo against names on the first tentj draft and the outcome is awaited i : much interest. Capital Conferenc Is Called on Rac (Continued from page 1) Runyon of New York City and J; W. Baldwin of Washington, legitimate group consists of Heiman, William C. Elliott and F Gillmore. The film committe S. R. Kent, Charles L. O'Reilly Ed Kuykendall. Elliott is in H wood and Kent is in Florida. O'B was in New York today, but be here tomorrow. With all code authorities mo! here, the general consensus of film men was "we are getting : of good out of it." The picture ( sonalities leave tomorrow night lowing the meeting with Roser ■, on free radio auditions. Means Not Hopefu For Change in Ct Kansas City, March 6. - 1 Means, head of the I. T. 0., is optimistic over the prospect of s ing code changes as a result o i| letter forwarded to Administ 3! Hugh S. Johnson. "We told them what we want' atj the code hearings," he said, "but ?! did what they wanted, regardles >°j I don't expect them to pay any 3 ;°1 tion at this time." Wednesday, March 7, 1934 MOTION PICTURE DAILY Cleveland Cleveland, March 6. — J. E. Fon- taine, representing affiliated national distributors on the Cleveland griev- ance hoard, holds the ranking position in local film circles as district man- ager for Paramount, a position he has held uninterruptedly for the past five years. Fontaine was born in Balti- more, on June 2, 1890, and attended the public and high schools at Annap- olis, Md., and W ashington. His first jub was in the picture business as shipper with General Film in 1909. Later he went with Pathe as booker and in 1912 was appointed Pathe branch manager in Detroit. For about a year he was associated with Fox, and then joined the Detroit Para- mount office first as booker and then as salesman. In 1914 Fontaine was in business for himself, operating a state rights exchange called Minter United Amusement Co. of Detroit. He discontinued the company two years later in 1916 when he went back with Paramount. In August, 1°25, he was named manager in Pitts- burgh. In March, 1928, he was transferred to Cleveland. In Febru- ary, 1929, he was appointed district manager. Holbrook C. Bissell, representing jnaffiliated distributors on grievances, :as been Columbia branch manager in Cleveland since March 1, 1930. He ivas born Oct. 5, 1891, at Elizabeth, I. J., and was educated at Trinity School, New York, and Porter Mili- tary School, Charleston, S. C. Early business experience was gained as im- porter of silks, laces and woolens, -le entered the film business in 1919 .s salesman for Pathe in Philadelphia ind was later transferred to Albany, rle was appointed successively Uni- versal branch manager in Albany. World Wide branch manager in Buf- 'alo, Columbia branch manager in \lbany and Columbia branch manager 'ere. Nat Wolf, representing affiliated xhibitors on grievances, was born i New York City. At the age of 8 months he moved to Texas where Je was raised in a small town on the Bains and never set foot inside a neatre until he moved to Houston, t the age of 15. There, starting as n usher and progressing to operator, dvertising man and then manager, Vblf was associated with Maurice Xolf at the Cozy Theatre, Houston, ntil 1913, at which time he joined -j "arl Hoblitzelle of the Interstate ircuit. He also was a film salesman br Felix Feist in 1914 and worked or Goldwyn until the World War. Ifolf served for 22 months, 14 of "iem in France. He joined the I .E.F. Theatrical Department in February, 1919. traveled with the ;,-mv show from March until July. 919, playing army camps and French \ eatres. On his return to the United ( fates. Wolf joined First National. hen he served as branch manager (•r Educational in Dallas, for two li*ars and returned to Chicago for JJirst National under Clayton Bond. u e joined the Orpheum circuit in ) "licago in charge of buying and book- US in 1923. where he remained seven •ars. After the RKO merger, he i.ined Publix, working out of New irk and Minneapolis, leaving; Pub- \< to so with Warners in 1932 to ke charge of the. Ohio zone which Ifchides: Strand CI. 159 seats) in kron: Alhambra (856) in Canton; I innodrcme (3,529), Lake (800). Irtown. (3.580) and Varietv (1,600) Cleveland: Pastime (500) and Who? What? When? Thirteenth instalment in a biographical series on the men who make up the code boards. Sixth Street (909) in Coshocton; Capitol (950) in Elvria; Harris (1,100) in Findlay; Kenton (1,129) in Kenton; the Ohio (1,834), Sigma (911) and State (1,002) in Lima; Palace (1,750) in Lorain; Madison (1,520), Majestic (840) and Ohio (1,620) in Mansfield; Lincoln (958) in Massillon; the Ohio (634), and Plaza (595) in Sandusky; the Ohio ( 1,350) in Sidney; Capitol (1,614) in Steuben ville ; Warner (2,600), Paramount (1,526) and Park (1,527) in Youngstown. Also the Kentucky' in Danville, Ky. John D. Kalafat, representing un- affiliated exhibitors on grievances, was born in Athens, Greece, on Nov. 4, 1884. In 1900 he came to America and made his home in Chicago where he went into the picture business. In 1907 he operated his own picture house, the Oriental. This was the second film theatre opened in Chi- cago and still stands. A few years were spent in the Middle West as a state rights distributor and in 1913 Kalafat came to Cleveland. His first house here was the Lincoln on West 25th St. Later the Savoy and Jewel were added to the chain. In 1919. together with Myer Fine, D. L. Schumann and the Kellar Brothers, he formed the Ohio Amusement Co., one of the first independent chains formed in Cleveland. Later the Ohio Amusement Co. was dissolved and in its place was formed Associated Theatres, Inc., of which Kalafat is president, comprising 10 theatres. He is treasurer of the Cleveland M. P. Exhibitors Ass'n., and a member of newly-formed Independent Theatre Owners of Ohio. Kalafat's houses, all in Cleveland, include the Capitol (1,456 seats). Denison Square (1,049), Garden (1,379). Gordon Snuare (1,200), Jewel (906), Knick- erbocker (1.014). Roval (700). Southern (700). Sunbeam (638) and Windamere (930). Frank Drew, representing affili- ated national distributors on clearance and zoning, was born in Cleveland in 1885 and into the theatrical busi- ness. He is a member of the famous Drew family and a cousin of Ethel John and Lionel Barrymore. His father owned and operated the Star, only Cleveland burlesque house, for many years. While still at high school, Drew ushered in his father's theatre. At 17 years of age he joined Buffalo Bill's circus, staying with the show about a year. For a time he was in charge of the Star box-office, but in 1904 moved to De- troit as manager of the Avenue, a wheel burlesque house owned by the elder Drew. He remained in Detroit 12 years or from 1904 to 1916. There Drew not onlyr managed the Avenue, but acquired a chain of Detroit houses, and also organized the first independent exchange handling Uni- versal pictures. He sold his fran- chise to Carl Laemmle in 1916 and bought the Drury Lane theatre, now defunct. Soon after Drew put out a burlesque show of his own called "Liberty Girls." It was not a cry- ing success, so he returned to the state rights business and dramatie stock in Detroit. In 1919 he joined Fox staying with that companv seven years as branch manager in Detroit. Pittsburgh and Cleveland. In 1923 he went to England as assistant managing director for the British Isles and returned to New- York in 1924 as Fox home office rep- resentative and later as manager in Cleveland and Detroit. In 1926 Drew joined M-G-M as special spies representative working out of Cin- cinnati, Washington, Pittsburgh. Charlotte, Detroit and Cleveland. He was appointed manager at Charlotte on Jan. 3, 1927, and on Sept. 5 was f,"M-isferred to Cleveland as manager, where he has remained since. Nat L. Lefton, representing ui Gould in Lumber Industry; Donaldson, 30, and Lawyer Who are the impartial members on the Denver code boards? Their thumbnail sketches supply the answer: Clarence K. Gould, named as im- partial member on the Denver griev- ance board, is a retail lumberman with offices in the First National Bank Building. He operates a number of retail lumber yards in Northern Colo- rado. He was born in Paola. Kan., Dec. 6. 1876, and moved to Kansas City, where he attended public schools. Attended Burdette Commercial Col- lege in Boston. Moved to Ft. Collins, Col., 32 years ago, and has been in the retail lumber business that long, for some time dividing his time be- tween Ft. Collins and Kansas City, where he was interested in lumber. In 1931 he moved to Denver, which has since been his home and head- quarters. Gould is married and has two married daughters. He expresses himself as pleased to be of assistance to the film industry. J. Glenn Donaldson, named as im- partial member on the Denver clear- ance and zoning board, is assistant at- torney general of the state of Colo- rado and is directly connected with the Building and Loan Commission of Colorado. He was born in Pontiac, Mich., on Sept. 19, 1903. attended Pontiac public school and Culver Mili- tary Academy, has an A. B. from the University of Michigan and an LL.B. from the University of Colorado. He moved to Denver in 1929, secured his LL.B degree and graduated from the University of Colorado in December, 1930, and entered the law business, at once. In November, 1933, he was ap- pointed to his present position. He is a Democrat. Married, no children. Member of the Denver Bar Associa- tion, the Sigma Alpha Epsilon, a gen- eral fraternitv. and the Phi Delta Phi, legal fraternity. He plays golf. affiliated distributors on clearance and zoning, was born in London, England, on March 14, 1894. When 14 years old he came to Cleveland with his parents. His first job was selling candy in local theatres. From sales- man he progressed to owner of the candy concession at the old Lyceum and later at the Prospect. After sev- eral years Lefton went into the pic- ture business with the purchase of "Streets of New York," a three-reel subject which he dragged to feature length by supplying scenes of the Bowery, Chinatown and other well- known New York locations. In 1914 he joined Warners selling three reel- ers. Lefton later joined Harry Char- nas, who formed Standard Film Serv- ice Co., opening Charnas' Cincinnati office. Two years later he was trans- ferred to the Detroit Standard Film exchange. A few months were spent in Cleveland and then he went to Cincinnati as Standard Film branch manager where he remained eight years handling all available indepen- dent product including Warner Brothers Screen Classics. Several years ago he became head of Standard Film Service Co., and moved to Cleveland. He has been associated with Monogram since the inception of the company and is now associated with J. S. Jossey as Monogram fran- chise holder in Ohio and Kentucky. Lefton is married and has two sons. Nat Holt, representing affiliated first runs on clearance and zoning, first saw the light of day in sunny California where film executives grow and thrive. His first job, at the age of 16, was as usher in a San Fran- cisco theatre. His theatre experience during his early years consisted of painting scenery, selling tickets and theatre managing. A seven months' interlude occurred when he took a stock company to Honolulu, where it enjoyed a successful run. Upon his return to San Francisco Holt became associated with the Rothschild circuit, and later bought a theatre there. Some time later he worked for Publix in San Francisco and Los Angeles, going from Publix to Fox and for the past two years has been with RKO as division manager, first with headquarters in Cincinnati and now in Cleveland, where his direct charges are the 3,193-seat Palace (downtown) and the 2,815-seat 105th St. (uptown). Holt is a charter member of the Cleveland Variety Club. John J. Huebner, representing un- affiliated first runs on clearance and zoning, operates the Ohio Theatre, at Marion, an 829-seat independent house. He has been an exhibitor for many years and holds a place of high esteem among both exhibitors aind distributors. Martin Smith, representing un- affiliated subsequent runs on clearance and zoning, is a prominent circuit owner and has been an Ohio exhib- itor leader for more than 15 years. Smith was the first president of the M.P.T.O.A. and served in that capa- city two years. After an interim of nine years, he was recently elected again to that position, but resigned recently to become president of the Independent Theatre Owners of Ohio, new state-wide independent associa- tion. In partnership with J. A. Beidler, Smith owns and operates the followinsr Toledo theatres : East Audi- torium (695 seats), Eastwood, (812), (Continued on page 12) ft "in Trr, 2** >*oniTbndid RobUst ,S b°m! tongy Qcfion, '^ghs!'"6*' lusty Associates 'e°<»c/ ,.A no*—" W» „ with \aug^er' «f the best*. One ot t"e . Billboard SO FAST ONLY AN COULD HA AND IT DC d tit tit UNITED ARTISTS ) FUNNY FHQUAKE DPPED IT... — Jack Grant Motion Picture Magazine RACY **** vAo<° "One o* * Mies \'*e ever seen\ Alice phila Tildesley delph blic L*d3er ARLINE JUDGE • JUDITH WOOD Directed by William Wellman A DARRYL F. ZANUCK Production BROS.' NEW STARS ARE MPH JRNS' RILLIANT I STAR IN \ ER 'FRISCO VERREE TEA! SATION,REP ALINE MA 'W0MAI* IFIRST KEELER- VEHICLE TRADE TEEN' BARB MAKES RADIO ACE, jlIlUT IN "DAMES' PAT O'BRIENg^f CHANCE I EDNA BEST] STAR, SIGNEp^, STAGE THE KEY' DONALD JUVENILE I et these powerful box-office personalities are just a few of the latest additions to the lavish Warner star list which provides you with one or more of these great name at- tractions every week in the year — STARRING WOMAN' Kay Francis . William Powell James Cagney Joe E. Brown Leslie Howard . Paul Muni R. Barthelmess . . Al Jolson Barbara Stanwyck . Ricardo Cortez Edw.G. Robinson . Warren William Ruth Chatterton . . Mary Astor Joan Blondell . . . Ann Dvorak Bette Davis . . Adolphe Menjou MOTION PICTURE DAILY Wednesday, March 7, 193' 12 Kansas Court Test on Film Cuts Looming (Continued from page 1) has been more rigorous than the one under a previous administration. The state board, according to dis- tributors, places too vivid an inter- pretation on situations and dialogue which otherwise are considered harm- less, butchering valuable prints with no regard for the ultimate result and the property rights involved. Several months ago, the censors showed extreme zeal in cutting "Love, Honor and Oh, Baby!" and James R. Grainger, Universal sales chief, in- structed the Kansas City exchange to proceed with a court test of the cen- sors' powers. Other distributors threatened to withdraw from Kansas entirely unless the censors showed more tolerance. Governor Landon, who appoints the censors and to whom they are responsible, stepped in and conciliated the differences. But lately the censors' rulings have again been unnecessarily severe, according to the distributors. Because Kansas is legally dry, though wet in fact, and because Gov- ernor Landon wants to see Kansas vote dry at a state referendum next November, he has instructed the cen- sors to delete anything from pictures which may create sentiment for repeal. This is particularly true of close-ups of bottles bearing whisky labels and scenes showing drinking, especially by women. W. C. T. U. influence in official circles is considered largely responsible for this. The governor recently was quoted in the Kansas press as saying he would not favor repeal of the state's bone-dry law as long as he remained governor. Exhibitors are resentful that be- cause of a political issue, the only commodity they have to sell is muti- lated. Court Sets Mar. 12 For Columbia Case Harry Cohn, Jack Cohn and Joe Brandt, defendants in an action filed by a stockholder for an accounting of Columbia earnings and of salaries paid to them, are scheduled to be ex- amined by counsel for the plaintiff March 12. An adjournment will prob- ably be granted at that time, due to the absence of Nathan Burkan, at- torney for the defendants, who is in Florida. Victor House, attorney for Mrs. Emma Cohen, the stockholder plain- tiff, said yesterday that the suit seeks to establish why no dividends have been paid on the common stock for the past two years despite the favor- able earnings statements of the com- pany during that time. The stockholder's action was filed in Supreme Court here last fall. Except for the denial last December of the plaintiff's petition for an in- junction to restrain Columbia from paying the defendants more than their 1929 contracts called for, and the court's authorization to examine the defendants before trial, which was granted several months ago, the case has been dormant for the past six months. MPTOA Says Allied Suit Was "Fizzle" (Continued from page 1) vision Administrator Sol A. Rosen- blatt a "complete fizzle." Describing the Allied suit as a "hyp- ocritical effort to annoy the NRA Administrator and obstruct the fair trial of the code," the statement de- clares that it failed in all its objects and Allied leaders are now "back where they were five months ago." The M. P. T. O. A. statement maintains : "The suit tried to force the accept- ance of qualified assents, to exempt exhibitors from clearance and zoning schedules, to permit withdrawal of assents whenever an exhibitor wanted to evade sharing the expense of ad- ministration. It completely failed to accomplish any of these. This suit also demanded the right to start a law suit, which was never denied any exhibitor by the code, and demanded the right to defend a complaint be- fore a local board, which is express- ly set forth repeatedly in the code itself (Art. VI, Part 1 and Part 2) and tried valiantly to defend the constitution, a job heretofore looked after by the U. S. Supreme Court and the President. Surprisingly, your rights guaranteed by the con- stitution have not been altered at all by this momentous litigation. Neith- er have the plain terms and provi- sions of trie code been altered in any respect, as yet." Allied Leaves Code Up to Individuals (Continued from page 1) compliances. Allied has not altered its stand on assents. Units and members are being advised that it is up to them to decide whether to sign the forms and send them in. Two units already have tabooed sending in compliance. They are the M. P. T. O. of Western Pennsylvania and Allied of the Northwest. Yester- day Allied of New Jersey, Sidney Samuelson's group, met and discussed assents. Some members are signing the forms while others are not. Unless appointees to various clear- ance and zoning and grievance boards are signed up they cannot serve. Portland, March 6. — George E. Jackson of the local Allied unit to- day wired Executive Secretary John C. Flinn that members of the organi- zation have gone on record in favor of sending in assents immediately. Keane Appointment Opposed in Atlanta Atlanta, March 6. — Exhibitors here have sent Division Administra- tor Sol A. Rosenblatt letters of pro- test against Lionel H. Keane of Loew's, who was named affiliated ex- hibitor on the grievance board for this territory. It is understood suggestions for replacing Keane also were for- warded to the division administrator. Van Beuren at Bio graph Three Van Beuren short subjects, for RKO release, are scheduled for production at the new Biograph stu- dio, the first to go into work on Mon- day under the direction of Monroe Shaff. In Charge Will Rogers says part of his recent eastern trip had to do with the Government's plan to preserve wild game. Will represented Hollywood. Senate Probe Off; K. C. Disappointed Kansas City, March 6. — Exhibitors who have been hoping for a Federal investigation of labor racketeering are disappointed that U. S. Senator Royal S. Copeland has called off or deferred an inquiry into Kansas City crime con- ditions by his investigating committee. When Senator Copeland announced that such an investigation would be made, it was considered highly proba- ble that the situation involving the Kansas City operators' union and sub- urban theatres would be called to his attention. A county grand jury last fall declared labor racketeering aimed at non-union theatres called for a Fed- eral investigation. It turned over its record in the case to the Department of Justice, and recently a Federal grand jury conducted an investigation with no apparent results. Theatre Help Strike Called in Milwaukee Milwaukee, March 6. — This city faces the possibility of the closing of its theatres as a result of a strike called for March IS by the recently formed Ushers', Cashiers' and Door- men's Union. The strike is still on at the Warner, with pickets carrying banners saying they have been cut to $10 for seven days' work. The Wisconsin has re- placed its ushers with girls. The union claims a membership of 250 and demands recognition and a "living wage." Court Bans Pickets At 2 Local Houses Condemning as misleading and un- fair signs carried by Allied M. P. Operators' pickets. Supreme Court Justice Albert Cohen yesterday order- ed the immediate discontinuance of picketing in front of Wallack's and Sam Harris theatres in West 42nd St. The order was handed down while the judge was hearing argument on a mo- tion of the two theatres in conjunc- tion with Local 306. Other matters in the motion will be considered after examination of the papers in the action. IT OA Granted Appeal Leave to appeal in the Court of Appeals from a recent decision of Tnstice Collins ordering the return of 55 men dismissed in 11 local theatres was obtained vesterdav by the I. T. O. A., according to M. A. Albert, at- torney for the organization. Delay Tri-Ergon Hearing Another postponement has been granted Tri-Ergon in its appeal from a decision dismissing a* suit filed by the companv against local exhibitors and distributors. Slated to come ur> vesterdav in the appellate division of the N. Y. Supreme Court, the hearing was set ba.ck until March 13. Louis Nizer is attorney for distributors and exhibitors. Who? What? When: (Continued from page 7) Park (932), Royal (695) and West wood (962). Frank Gross, second exhibitci representing unaffiliated subsequei. runs on clearance and zoning, bega; as an independent exhibitor ii Cleveland 20 years ago, when L opened the Clark National. Gros was born in Austria and came t< Cleveland as a boy in 1900. Hi first business experience was gainef in dairy products. Gross now own and operates the Grand (700 seats and the Cedar (850). He is a men: ber of the Cleveland M. P. Exhibi1 tors Ass'n. and of Independent Thejt tre Owners of Ohio, neither of whiclf is nationally affiliated. Radio to Make From 10 to 12 in Londor (Continued from pane 1) 10 to 12 pictures in London next sea son in conjunction with the Hage Co., producing affiliate. Those suil able for the American market wi be distributed here, he said. Reisman said he closed several dis tribution deals while abroad. Beside London he visited Naples, Gene; Paris and Amsterdam. He asserted n shifts have been made in foreign per sonnel and that Ambrose Dow-ling I remaining abroad permanently, h headquarters in London. He was oi i timistic about conditions in Europ i Hopes to Maintain 50c. Dividend Rat. Consolidated Film Industries, Inc I hopes to maintain a quarterly divider 1 distribution of 50 cents a share c j the preferred, according to a stat' I ment made by Herbert J. Yates, presj dent, yesterday. He said : "It is the intention of the manag' i ment in so far as business conditioi 1 permit to make quarterly distributioi I of 50 cents a share on prefern I stock, thus gradually clearing up a> I cumulations, but until such time ; J the accumulation has been fully pa I it will not be possible to label the I distributions as quarterly dividends Baltimore Men Return Baltimore, March 6. — Returnir this week from winter vacations wen Isador M. Rappaport, proprietor the Hippodrome, who had been Florida with his wife : J. Louis Rom managing director of the Associat< Theatres, Inc., from a sea trip South American ports ; Robert Sche< and Meyer Leventhal, president ai managing director of the Philip Scheck Theatrical Enterprises, fro' Florida. Para. Starlets on Air Hollywood, March 6. — Paramou plans to introduce its baby stars radio audiences over the NBC ne ; work Thursday at 9 P. M., Paci time. The starlets are Frances Drat ] Dorothy Dell, Ida Lupino, Elizabe Young, Evelvn Venable and Hel Mack. Mrs. Coolidge on Count Mrs. Calvin Coolidge has be named honorary vice-president of t M. P. Research Council. RADIO CITY EXTENDED ENGAGEMENT • STARTS THURSDAY WITH ROBERT YOUNG RALPH BELLAMY MARTHA SLEEPER From the play "Trigger" by Luia Vollmer OLr.cled by John Cromwall RKO-RADIO PICTURE A Pandro S, Barman Production Merian C. Cooper Exocviivt Producer 14 MOTION PICTURE DAILY Wednesday, March 7, 1 93-4 Playing to sensational business at 1 Keith's, Boston, and Syracuse; ' Palace, Cincinnati; Fox, Detroit; | Golden Gate, San Francisco; , Stanley, Philadelphia; Court, » Wheeling. CLARK GABLE and I CLAUDETTE COLBERT in Frank ' Capra's "It Happened One Night." I One of the most lavishly mounted I productions of the year! A great story and a great cast! ELISSA | LANDI in "Sisters Under The I Skin" with Frank Morgan and Joseph Schildkraut. Directed bj J David Burton. Hearings on Patman Bill to Catalog Films Open Mar. 19 (Continued from page 1) fifty thousand dollars is to be pro- vided for the expenses of the com- mission, the members of which are to receive $9,000 a year and the chairman $10,000. Declaring that the purpose of the bill is to prevent the necessity of state censorship, Patman declared it would not put the state or city boards out of business but would render their work more effective, while at the same time it would "save expense to the motion picture industry." The bill, he said, would "lessen the dan- ger of graft possible in local, city and state censorship boards and se- cure better moral supervision than merely through such boards alone." "Ten times the picture industry has promised to reform itself without the assistance of any law, but each time the promises have been broken," the Congressman charged. "I am convinced that the screen, without lessening its entertainment attractiveness, can be made one of the greatest educators in morals in the rehabilitation of our economic and so- cial life. The only human power that can bring this about I believe is the Federal Government. I see no hope that the industrv will reform itself." y Production Booms In Coast Studios (Continued from page 1) aration. Cutting rooms report a total of 42 features and 24 shorts editing Warners lead the field with eight features in work, two preparing and 10 in the cutting rooms ; Paramount follows with four, four and five ; Fox, six, three and five ; M-G-M, four, one and seven ; Universal, four, three and three ; Radio, four, six and three ; 20th Century, two, one and zero ; Co- lumbia, one, three and four, while the independents report seven, six and five. Among short subjects producers M-G-M has two working, three pre- paring and four in the cutting rooms ; Roach has two, zero and four; Uni- versal, zero, one and one ; Columbia, zero, one and three ; Radio, zero, four and four, with the independents report- ing six, five and eight. Paramount is putting three in work this week, making the total seven. The new ones are : "Witching Hour," "Double Door" and "It Ain't No Sin." Those already in work are : "Trumpet Blows," "Little Aliss Marker," "Mur- der at the Vanities" and "Thirty-Day Princess." Radio expects to add six more to the four already in work within 10 days. This will boost the schedule to a point not reached since 1929. Those starting will be : "Alien Corn," "Down to Their Last Yacht," "Cockeyed Cav- aliers," "The Great American Ha- rem," "Green Mansions" and "Murder on the Blackboard." The four in work are: "Strictly Dynamite," "Stingaree," "The Dover Road" and "Of Human Bondage." Fox has six in work and expects to start eight within three weeks. Those in work are : "The W orld Moves On," "Two Many Women," "The World Is Ours," "Now I'll Tell." "Springtime for Henry" and "Gold Rush." Those set for an early start are: "Merry Andrew," "Grand Canary," "Call It Luck," "Lottery Lover," "By Royal Command," "Always Honest," "On the High Seas" and "Charlie Chan's Courage." Erskin Host at Lunch Chester Erskin, independent pro- ducer, was host to fan magazine, trade press and newspaper representa- tives yesterday at a luncheon at the Waldorf-Astoria, which was followed by a screening of Erskin's picture, "Midnight," distributed by Universal. I last year. N. Y. Senate Gets 10% Admission Tax (Continued from page 1) to the two per cent retail sales tax. A part of the sales tax revenue was intended for relief purposes. The entire revenue from the Buckley ad- mission tax bill is designed for re- lief. The vigorous opposition of Gover- nor Herbert H. Lehman to the re- tail sales tax proposed by Senator George R. Fearon, Republican minor- ity leader, together with the as- serted solid opposition of all Demo- crats in the Senate, is regarded as definitely spelling the death of the two per cent sales tax. Governor Lehman's program also calls for re- peal of the present one per cent sales tax and the substitution of the new gross income tax with exemptions for it. Additional revenue for relief work is regarded as essential in some quarters, however, and is believed to increase the Buckley bill's chances for passage. Public hearings on the retail sales tax are scheduled for March 13. Al- ready numerous state and national organizations, merchants and smaller retailers throughout the state, have voiced opposition to the measure. The state theatre and film industry has taken no part in this opposition to the retail sales tax, leading to the belief that its strategy foresees the likelihood of passage of the 10 per cent admission tax in the event of the defeat of the retail sales tax, and that opposition to either measure at this time promises little relief. Skourases Out Of St. Louis Proposed Deal (Continued from page 1) brothers. Skouras is operating under the name of Central Theatres Corrj^ of which Harry Koplar has a 20 per cent interest. Incidentally Koplar is a partner of F. & M. and was instrumental in making a bid to the bondholders to take over the three theatres. The deal, if approved by the Federal court, will start from Sept. 1. Talk of a rift between Warners and Harry C. Arthur, vice-president of F. & M., is denied. These stories got around because of Koplar's affiliation with F. & M., which made a bid for the Ambassador, Missouri and Grand Central against Skouras. Warners are said to have been behind the Skouras offer. As a result, Warners have taken the Rialto, legitimate house, where they will open "Wonder Bar" on March 31, having taken the picture away from Skouras. The Rialto lease runs until Sept. 1, the date when the three downtown houses may change to F. & M. management. Warners are reported after other units. From confidential and authoritative sources it is learned that Warner; j have been offered a proposition to tie in with F. & M., when the latter take: over the three houses. Also, it is be- lieved that Warner product will fine an outlet at these houses under bettei terms than previously recorded. Allan L. Snyder is the financial mar behind F. & M. here. He is a retiree builder, and is said to have reachec; an agreement with the bondholders! protective committee. Harry C. Arthur yesterday deniee F. & M. and Warners were on thi outs in St. Louis. He said: "We have no fight on with anyone and your correspondent in St. Loui is all wet." Launch Appeal Move London, March 6. — An appeal of the $126,000 judgment awarded Prin- cess Irena Youssoupoff on the ground that she had been libelled by the pic- ture, "Rasputin and the Empress," will be sought Monday by M-G-M. Sir William Jowitt. counsel for M- G-M, was advised by the court that the judgment would not be forced pending application for an appeal. Quittner Appeal Sought A petition will be filed in U. S. Circuit Court of Appeals here March 12 bv Joseph Quittner, Middletown. N. Y., exhibitor, for leave to appeal as a pauper his anti-trust action against major companies, which was dismissed bv the LT. S. District Court FWC Sessions Here To Start on Mondai (Continued from page 1) returns from Boca Raton. Fla., wher he has been vacationing the last fev weeks. Charles Skouras and H. W. Moore Jr.. trustees, are in from the coas as well as Percy R. Kent, Willian T. Powers and Edward Zabel. Th group expects to remain here fo about two weeks conferring with rep resentatives of Chase Bank an ' Hughes, Schurman & Dwight. Spyro | Skouras, who was on the coast, re turned with the party. Boost Pantages Scale Hollywood, March 6. — By order of F. W. C. which took a new leas on the Pantages Hollywood, the hous has abandoned its cut-rate policy o 15-cent matinees and is back to th regular first-run schedule of 25 cent with 40 and 65 cents prevailing afte 6 "o'clock. May Take Criterion Columbia will in all probability tak over the Criterion some time nex month for two-a-day showings of "N | Greater Glory." YOUR RESERVATIONS SHOULD BE MADE TODAY! NOT THE GREATEST EVENT ON EARTH BUT BY FAR THE MERRIEST! Write to The Col umbians, 729 Seventh Ave., N. Y. C. or telephone BRyant 9-7900— Ext. 59 It's on the way — / THE COLUMBIANS' FOURTH ANNUAL DINNER DANCE Grand Ballroom- Waldorf-Astoria SATURDAY-MARCH 10th, 1934 INTIMATE ENTERTAINMENT BY STAGE AND SCREEN STARS WHO KNOW HOW TO ENTERTAIN Subscription: $15.00 per Couple • Dinner at precisely 7:30 P.M. yru, jiaAa, dtmz. 0.2, OKAY BOB!" EDGAR SELWYN DIRECTOR, LAWRENCE WEIN GARTEN PRODUCER. World -Telegram — ...Grade A entertainment... first rate.. .full of humor, romance, action and sus- pense.. .Montgomery excellent... not to be missed... Sun — ...corking murder melo- drama... most effective blend of suspense and light comedy. ..excit- ing yarn...suspenseful climax... good thriller... jolly picture... Post — ...entertaining picture... artful combination of humor, romance, murder and Robert Montgomery ... it will pay you to see it... continuously interesting ...swerves neatly from a pleasant kind of drawing-room comedy to hair-raising thrills., .you can't go wrong on "Mystery of Mr. X"... American — . . . one of the most entertaining mystery-comedy dra- mas the screen has seen... full of laughs . . . suspense is delightfully maintained and its climactic se- quences possess excitement... has the crowds applauding... Mirror— ...superlatively entertain- ing thriller .. .exceptionally good ...harrowing suspense and charm- ing humor. ..strong and appealing romantic theme.. .tastefully pro- duced and brilliantly acted by un- usually attractive cast. . . has un- usual quality of genuine romantic charm . . . far above the usual de- tective thriller . . . don't miss it . . . Times — . . . ingenious combina tion of excitement, fun am romance . . . News — . . . *** 3 Stars ... on of the most exciting adventure encountered on a Broadwa screen recently. . .directed with great deal of skill and thorough well-acted . . . Film Daily — . . . better entertair ment than this is hard to find clever, suspenseful and excitin; plus a neat romance . . . delightfi and well-done . . . M. P. Daily — . . . fine entertaii ment satisfaction with slam-bat finish . . . unique suspense situ tions blended with unusual charming romance. ..Montgome differently clever . . . strong su porting cast ... is packed wi necessary box-office elements, i eluding comedy . . . Herald-Tribune — . . . entertai ing picture... deftly amusing am: gamation of melodrama ai comedy . . . smooth and finish production . . . expert cast adm able . . . Montgomery in form ai extremely engaging . . . exc lent fun ... Telegraph — . . . Montgomery his suave and capable best . | cast excellent . . . The Leading Newspaper of the Motion Picture Industry MOTION PICTURE DAILY Alert, Intelligent and Faithful Service to the Industry in All Branches VOL. 35. NO. 55 NEW YORK, THURSDAY, MARCH 8, 1934 TEN CENTS Presidential Tariff Liked By Film Men Proposal Regarded As Blow to Quotas Relief from stringent tariff and luota regulations imposed on Ameri- :an films by foreign countries is iewed as possible by foreign repre- entatives of leading companies in the tvent Congress grants President Roosevelt the authority he has re- vested to permit him to adjust U. S. ariffs arbitrarily and probably on a eciprocal basis, it was learned yester- ;lay. Under the President's tariff propo- fals, reciprocal arrangements might ■■e worked out with other nations by kiiich a liberalization of their tariff ind quota laws would be met with a orresponding liberalisation of Amer- ican tariffs on imports from such lOuntries. Likewise, nations unwilling d let down tariff and quota barriers {Continued on page 2) Jniversal to Make 12 Features Abroad Universal has scheduled 12 features )r production in Europe this season, ;ight to be made in England and four ,i Vienna, Max Friedland, European Manager for Universal, said last night Bust prior to his sailing for London Doard the Berengaria. 1 Additional features may be sched- uled for European production later in Jie season, Friedland said. The first icture on the new schedule to go fto work will be "The Four Masked (.Continued on page 2) luting on Talking Film Rights Upheld Albany, March 7. — A New York upreme Court decision holding that ^nveyance of dramatic rights to a ■ ory prior to the inception of talking ■ictures carried with it the talking j cture rights to the story was affirmed ;re today by the Court of Appeals. The original decision given by the (Continued on page 2) TOA Asks Lowell, Belmont to Meeting Mrs. August Belmont and Dr. A. iwrence Lowell have been invited by fe I. T. O. A. to attend the next ses- 3n of the unit on March 14. Mayor iGuardia will attend the unit's din- (Continued on page 2) Board Choices Stir Memphis Commentators Lightman Status Chief Topic of Discussion Memphis, March 7. — Reaction to personnel of the Memphis code boards has been most peculiar. Question marks rather than exclamation points explain the difference. Film folk hereabouts are not squawking, but they want to know "why" about a lot of things For instance, nobody can under- stand why M. A. Lightman, whose status differs from that of all the other showmen in the country, will be in a position to practically dictate (Continued on page 4) Loew Men to Answer Intimidation Charge Representatives of Loew's are sched- uled to appear before the NRA Re- gional Labor Board here today to an- swer charges of intimidation of em- ployes brought by Local 118, Theatre and Amusement Employes' Union, which alleges that resignations of its members were instigated by the em- ployers. Hearings on the same charges against Skouras and Randforce cir- cuits are scheduled for tomorrow, and others may be called later, according to Ben Golden of the Regional Labor Board. Omaha's First Runs Are Now 100% Dual Omaha, March 7. — Adoption of a double feature policy at the Para- mount, ace first run house, makes it 100 per cent duals at first runs here. Twin bills are suspended only when a stage attraction is booked, as the present appearance of Ben Bernie's band at the Orpheum and the "Stu- dent Prince" unit at the Paramount next week. Simultaneously with double fea- tures, the Paramount cut afternoon prices to 25 cents until 6 :30 P.M. Nolan Named Studio Aide to B. B. Kahane Joseph Nolan, assistant secretary of Radio Pictures, has been made assist- ant to B. B. Kahane, president of RKO Studios, and leaves for the coast in two weeks to assume the new post. A successor to Nolan will be named in the near future. Kahane is scheduled to leave for the coast tonight. Who? What? When? Fourteenth instalment of the biographies of the men who make up the code boards will appear in an early issue of Motion Picture Daily. Board Delays Stir Criticism in K.C. Kansas City, March 7. — Exhibitor members of the grievance and zon- ing boards for Kansas City and ex- hibitors who have been awaiting the setting up of local code machinery are openly critical of delays in get- ting the boards into action. Numerous grievances and pressing local issues, including the important one of the current price war, as well as the drafting of a zoning and pro- tection system, await the operation of the boards. Exhibitor leaders declare {Continued on page 4) Thirty-Hour Week Order Now Impends Washington, March 7. — Reduction of working hours by 10 per cent with a corresponding increase in wage levels by executive order is contem- plated. Exceptions will be made for industries which cannot afford the cuts. General Hugh S. Johnson appealed to code authorities assembled here to- night to support the cuts. Cuts by means of a Presidential {Continued on page 4) NRA Confab Held On Free Radio Shows Washington, March 7. — Represen- tatives of the film, legitimate and radio code authorities met this evening with Division Administrator Sol A. Rosen- blatt and Deputy Administrator Wil- liam P. Farnsworth to straighten out the controversy over free shows in broadcasting studios. Those who at- tended the conference on behalf of the film industry were John C. Flinn, secretary of the Code Authority, Ed Kuykendall and Sidney R. Kent. Review Board Named To Aid Small Units Washington, March 7. — Protection of small enterprises is provided for in the appointment today by President Roosevelt of a National Recovery Re- view Board headed by Clarence Dar- row. It will be the duty of the board to study existing codes and to see wheth- (Continued on page 4) RKO's Leases In Radio City Are Approved Court O.K.'s Percentage Payments to $953,972 RKO's lease on the two Radio City theatres was approved yesterday by U. S. District Court Judge William Bondy with the added stipulation, agreed to by Rockefeller Center, the lessor, that annual rent payments by RKO under the percentage payment provisions of the lease shall not ex- ceed $953,972, the amount fixed as annual rental on the two houses by the original lease drawn by RKO and Rockefeller Center in 1930. Under the approved lease, which is for the year ending Aug. 31 and is subject to earlier cancellation by Rockefeller Center, income from the Radio City theatres is to be placed in a special account out of which operat- ing expenses of the Music Hall and Center will be paid first ; next, a working fund of $100,000 will be main- tained, and a reserve fund of $25,000 (Continued on page 4) Showdown Brewing On Chicago Reels Chicago, March 7. — -Efforts at- tributed to Mayor Kelly to force the elimination of riot scenes from news reels promises to bring a general showdown on the local news reel situation in the near future. Under- current reports are that the Mayor's edict of last week ordering news reel (Continued on page 2) Says Oregon Allied Will Make No Shift Portland, March 7. — No change in affiliation of the state Allied unit is contemplated, according; to William Cutts, organizer and state secretary. He says formation of the Oregon Ex- hibitor Ass'n. simply means that this new organization succeeds the M. P. Social Club. Pathe Exchange '33 Profit $386,629.02 Pathe Exchange, Inc., and subsidi- aries report a profit of $386,629.02 for the year ending Dec. 30, 1933. This compares with a loss of $114,651.81 in 1932. Much of the improvement was due to increased operations at the Bound Brook Laboratory which in- (Continued on page 2) MOTION PICTURE DAILY Thursday, March 8, 193 MOTION PICTURE DAILY (Registered U. S. Patent Office) Vol. 35 March 8, 1934 No. 55 13 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 "yuigpubco, 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. Clifford, manager; London Bureau: 6 Brookland Close Hampstead Garden Suburb, Bernard Char man Representative; Berlin Bureau: Berlin-Tern pelhof, Kaiserin-Augustastrasse 28, Joachim K Rutenberg, Representative; Paris Bu- reau: 19, Rue de la Cour-des-Noues, Pierre Autre, Representative; Rome Bureau: Viale Gorizia, Vittorio Malpassuti. Representative Sydney Bureau: 102 Sussex Street, Cliff Holt, Representative; Mexico City Bureau: Apartado 269, James Lockhart, Representa- tive; Glasgow Bureau: 86 Dundrennan Road, G. Holmes, Representative; Budapest Bureau: 11 Olaaz Fasor 17, Endre Hevesi, Representative. 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 Exchange '33 Profit $386,629.02 {Continued from page .1) creased operations last October, ac- cording to A. B. Poole, treasurer. Gross income from operations was $312,243.54, but the cost of sales and rentals and general administration ex- penses was $416,847.40, leaving a net loss of $104,603.86. Other income, however, including dividends from af- filiated companies, interest earned and discount on 10-year seven per cent sinking fund gold debentures pur- chased for retirement, totalled $675,- 600.47. Interest charges amounted to $184,361.59. Clyde Osterberg Is Held Chicago, March 7. — Clyde Oster- berg, former member of the operators' union who is alleged to have shot Emmett Quinn, union steward, in the thumb last week during an argument with Tom Maloy, has been held for the grand jury under bond of $9,500 on a charge of assault with intent to kill and carrying concealed weapons. Batcheller in Town George Batcheller of Chesterfield Pictures is in from the coast. BEN BLUE Under Contract WARNER BROS. VITAPHONE STUDIO Now Making Personal Appearances in England Direction of JOE RIVKIN — Leo Morrison Agency Universal to Make 12 Features Abroad (Continued from page 1) Men," which will be made at Twick- enham, England. The four pictures to be made in Vienna will feature Fran- cesca Gaal, Hungarian actress, popu- lar on the Continent. English, French and German versions will be made of these four. The European production plans re- sult from conferences between Fried- land and Carl Laemmle which were held here and on the coast. Univer- sal's plans originally called for a Eu- ropean schedule of approximately 20 features, but after viewing forthcom- ing product during his coast visit, Friedland believed the bulk of it to be adapted to Continental distribution and recommended a reduction in the proposed schedule. Ruling on Talking Film Rights Upheld (Continued from page 1) lower court in January was appealed by Jesse Levinson, attorney for Kon- rad Bercovici, the plaintiff. Berco- vici's story, "The Volga Boatman," was sold to Cecil B. De Mille in 1924 and made into a silent picture. It was later produced as a talking picture and Bercovici brought suit charging that he had never conveyed the talking picture rights to his story. The Court of Appeals today, up- holding the lower court, ruled that conveyance of the dramatic and stock production rights to the story in the original contract, covered all of the elements essential to production of a talking picture. Simmons Joins U. A. Hollywood, March 7. — Michael L. Simmons is back on the United Art- ists lot doing the story for a musical which Edward Small of Reliance will produce. He has just finished an orig- inal for John Barrymore and Jean Harlow at M-G-M. Ampa Adds Miss Janis Elsie Janis has been added to the list of guests who will appear at the Ampa luncheon today, designated as "Tower Magazines Day." Mary Pickford, Don Bestor, Ruth Etting and the Voice of Experience will also be on hand. Showdown Brewing On Chicago Reels (Continued from page 1 ) cuts of mob scenes and riots is a subterfuge and an effort to impose his will on news reel producers to offset the campaign under way for some time to have news reels com- pletely lifted from the jurisdiction of the censors. It is said one company is prepared to produce evidence that the elimina- tion of news reels from censorial operations already has the approval of the City Council finance committee. Universal Newsreel, through Henry Herbel, local manager, has thrown the defy to the Mayor's order by refus- ing to make cuts and has challenged the Mayor to back his dictum with an arrest order. So far this has not materialized. ITOA Asks Lowell, Belmont to Meeting (Continued from page 1) ner at the Astor on March 21 for installation of officers. Members yesterday went on record as refusing to do business with Radio as a result of recent percentage de- mands. A committee is to be appointed to confer with the Mayor on a bill to permit children under 16 in theatres without guardians. It was decided yesterday not to sign code assents and also to refer its local labor issue to the President. A mem- ber of the organization will attend in- dependent exhibitor organization meet- ings in Columbus, Kansas City and ( Iklahoma. Preston Joins N. & R. Lew Preston, formerly district su- pervisor for Randforce and Skouras and last at the Academy of Music, has joined the Nelson & Renner cir- cuit in Brooklyn as general manager. The circuit controls the Endicott, Hollywood, Metro, Sun, Coliseum and Howard. Preston is making his head- quarters at the Endicott. An expan- sion program is under way. Flinn Function Set Ampa dinner planned for John C. Flinn. retiring president who is now executive secretary of Code Authority, is definitely set for the Astor April 21. Ten dollars a couple will be the tariff. Most Issues Off on Big Board Net Consolidated Film Industries. Eastman Kodak Fox Film "A". Loew's, Inc. . . . Paramount Pub Pathe Exchange Pathe Exchange RKO Warner Bros Warner Bros., pfd "A". High Low Close Change Sales 25 2444 2444 200 454 4'/2 800 17^ 165/g 16?4 - Vi 1,700 mi 87J4 8754 —154 1,500 15 1<% - % 200 3254 3054 31 - 54 5,400 454 — yk 2.300 m 1V& - Vi 10,600 2054 1844 19 3,400 m 3Vs 3Vs - % 1.600 7 6Vb — 54 1,900 2oy2 2054 2054 100 Trading Light on Curb High Low Technicolor 954 954 Trans Lux 2}4 254 Net Close Change 954 254 General Theatre Bonds Off % High Low Close General Theatre Equipment 6s '40 1054 9|i 946 General Theatre Equipment 6s '40, ctf 9 9-9 Paramount F. L. 6s '47 „ 4654 4654 4654 Paramount Publix 554s '50 46 46 46 Warner Bros. 6s '39, wd 5654 5554 5541 Net Change - v% - u - % Sales 100 200 Sales 18 10 11 5 16 Presidential Tariff Liked By Film Men (Continued from page 1) on American products would be m< I with a tightening of American tariff ! on their exports. Film men point out that the Unite States now has the lowest tariffs b foreign films and no quota laws ai fecting their importation, whereas vii tually every foreign nation has strii gent quota laws on American films i addition to high tariffs. The Amer can film industry regards these ii equities as unfair competition, foreig; representatives declared, and express* the hope that corrective reliet migl be obtained if Congress grants tl President the tariff authority he seek Reisman Calls Quota Films a "Boomerang" Quota pictures made in England a as a "boomerang," Phil Reisman, hei of Radio's foreign activities, state yesterday. He said the public prefe American films to those made in Bri ain and while all American compani< must make a number of quota pictur> they are not well received abroad. Reisman said he brought back a fe ideas about opening new offices abro; but because of unsettled conditions, e: cessive taxation and other problems 1 immediate decision will be reached c expansion. He said some compani are finding conditions so difficult Europe they are closing branches. The public abroad still wants actk pictures and also likes musicals wi not too much American jazz. Rei man stated Ambrose Dowling short will make a trip to Russia in an effo to make a deal there. Radio's quota producer is the Hag' company, which will make from to 12 next season. Millions Saw M-G-M Studio on Wheel Statistics covering the first year 1 ; the tour of M-G-M's traveling stud; show that since it got under way Boston in January, 1933, it has be< inspected by 2,256,000 and viewed 1, nearly seven times that number parades. Its itinerary included 6| cities and towns. Contests to uncov new screen talent were conducted 46 key cities in the east and sou and more than 1,000 screen and voi | tests were made. Brandt May Get Centri Harry Brandt may take over t Central, former burlesque house < Broadway, now being remodeled f pictures. When queried yesterday. Bran stated he had nothing to say at tl time. Dawson with Int. Seat Ed Dawson, formerly on the adve tising staff of Motion Picture Dai; and Motion Picture Herald, is nc sales representative for the New Yo territory for International Seat Cor S. &. C. in Beacon Springer and Cocalis have tak over the New in Beacon, N. Y. MOTION PICTURE DAILY Thursday, March 8, 1 93-4 Board Choices Stir Memphis Commentators {Continued from page 1) the policies of the grievance board, but will be like the small boy at the baseball park knothole where the clearance and zoning board is con- cerned. Lightman isn't complaining. He says the boards have been very fairly set up. Nor are his opponents crow- ing. They can't figure it out. The grievance board is composed of Lightman; William Ruffin, of Coving- ton, Tenn., Tri-State M. P. T. O. lead- er and close friend of Lightman ; James Rogers, of Columbia, whose first run outlet here is Lightman's Strand and who sells largely to the Lightman subsequent runs and his houses in the territory, and Tom Young, of Fox, whose pictures auto- matically play Loew houses first run, but must be sold to Lightman if they are to play his subsequents and terri- tory theatres. The other board, on the other hand, has Frank Willingham, M-G-M ex- change head, whose produce plays Loew houses first run and has a more or less indifferent attitude towards the Lightman dates ; Howard Waugh, zone manager of the Warner circuit ; T. W. Sharp, of Little Rock, head of the new Independent Theatre Owners of Arkansas ; A. J. Suzore, of Mem- phis, neighborhood showman, never particularly close to Lightman ; W. E. Sipe, Universal, whose pictures go to Lightman first run and otherwise ; and Sidnev Nutt, of Hot Springs, M. P. T. O. leader. Lightman Status Unique Lightman's position is unique in that he is both a circuit and an independ- ent, affiliated and unaffiliated, first run and subsequent, metropolitan and small town showman, all in one. His first run Strand plays opposition to War- ners and Loew and the indie Orpheum. His local neighborhoods compete with the other suburban houses and get choice bookings because of the Light- man buying power. And his nearly 30 theatres in the Arkansas and Tennessee territory are opposition to many terrritory exhibitors and in many instances have protection over them. This makes Lightman opposition to practically everybody in the business hereabouts, including the labor unions, since he has been running the Strand and Princess non-union for nearly a year. Hence, the Lightman power or lack of power on code matters is an all-important factor. Neighborhood showmen are de- lighted with the boards, even though not understanding how Lightman got so strong on one and so weak on the other, because their grievances are the same as Lightman's as a rule, except for clearance, and that's the only place he has no whip hand. Attitude of the circuits here seems to be "Wottahell ! If we don't like what the code boards do, we'll take it to the home office and let Code Au- thority fight it out!" Exhibitors in the territory are pretty much in the same boat as the local neighborhoods. They like to work with Lightman on things which are to mutual advantage, but thev are leery of him on clearance and zoning. Hence, the satisfaction with the set- up, even if misunderstood. Another thing nobody can under- stand is why neither of the local Loew executives, Colonel Cecil E. Vogel, city manager, or Bernard Thomas, of the State, landed on the boards. Colonel Vogel is particularly well re- garded both among rival exhibitors and on Film Row, and it was con- sidered a foregone conclusion that he would figure prominently on the boards just as he always has in all film problems here. Still another question mark is oc- casioned by the position of the local Orpheum, probably the largest and finest theatre in the section. Inde- pendently operated by Chicago inter- ests, the Orpheum is completely without representation on the boards. Thirty-Hour Week Order Now Impends (Continued from page 1) order have been decided upon, the authorities were told, because it would be impossible to take up individual industry problems one by one. In- dustries contending they cannot afford the cuts will be given hearings, Gen- eral Johnson said. The administrator indicated during the afternoon hearings that he wanted industries to designate men to be left behind following the conclusion of the conferences to take up with him a program for further re-employment. Review Board Named To Aid Small Units (.Continued from page 1) er any of them are "designed to pro- mote monopolies or oppress small en- terprises." Where these tendencies are found it will be the duty of the board to make recommendations to the President for changes. Other members of the board are : W. W. Neal, Fred P. Mann, Sr., John F. Sinclair, Samuel C. Henry and W. O. Thompson. It was made known at the White House that the President will ask Congress to extend the licensing pro- visions of the recovery act for another year, although these have not been used as yet. A third development was the an- nouncement that the NRA and the Treasury Department are studying the possibility of extending three-year loans up to $12,500 to small business men. Wilson Quits NRA Washington, March 7. — Frank R. Wilson, publicity representative of the NRA, in charge of the film campaign last year, has resigned to return to the picture business in New York. Briggs on Coast Hollywood, March 7. — O. H. Briggs of Du Pont Pathe is here from New York for a two months' stay. Spanish Version for U. S. Warners plans to release a Span- ish version of Victor Herbert's "The Fortune Teller" in this country. Levy Succeeds Price Pittsburgh, March 7. — Edward Levy succeeds Harry Price on the lo- cal Radio sales force. Board Delays Stir Criticism in K.C. (Continued from page 1) the price war is being prolonged by delay in local code administration. Board members say that because of matters that demand immediate atten- tion, they are anxious to begin func- tioning and are eagerly awaiting ap- pointment of the impartial member and receipt of instructions on pro- cedure. Apart from this, exhibitor members are irked that Code Au- thority did not see fit to inform them of their appointment. They had been awaiting notification, until informed by Motion Picture Daily that Code Authority used the trade press to make such official notification. At this, Jay Means, president of the I. T. O., one of the chief critics, ex- pressed amazement, declaring it was "unbelievable." The trade is speculating as to selec- tion of the impartial member of the Kansas City boards. Several names have been submitted. Means has rec- ommended E. H. Wilkie, president of the Wilkie Furniture Co. Others be- ing considered are Dr. Paul Lux, physician ; Tom Finnigan, Demo- cratic ward committeeman and local circulation manager for Collier's; Ray Wilson, manager, civic department, Kansas City Chamber of Commerce; Roy Roberts, managing editor, Kan- sas City Star, and Judge Merrill E. Otis of the Federal district court. Dubinsky Stand to Test St. Louis Board Kansas City, March 7. — St. Louis Regional Labor Board faces a test over Ed Dubinsky's determination to challenge its order to reinstate I. A. T. S. E. operators at his three St. Joseph houses. Today the board wired Dubinsky to comply by March 10. It also ruled that he use two men in a booth pending arbitration of his man- power dispute. Dubinsky holds Division Adminis- trator Sol A. Rosenblatt cleared him of any violation and the board can- not enforce its ruling because he did not agree to arbitration. Federal Judge Otis has under advisement his application for an injunction to re- strain the I. A. T. S. E. from inter- fering with operation of his theatres. Extras Ask Changes Hollywood. March 7. — Extras' code committee at a meeting last night asked that Division Administrator Sol A. Rosenblatt include in the code a provision that studios pay supers for transportation and time spent traveling to location where the dis- tance exceeds six miles and that no studio employe be allowed to appear before the camera. The latter recom- mendation was prompted by the al- leged practice of studios using em- ployes to fill in as extras. Film on Dillinger Hollywood, March 7. — Paramount is rushing into production a yarn by Bartlett Cormack based on John Dil- linger, desperado who escaped from an Indiana jail last week. Wurtzel Plans 30 Hollywood, March 7. — Sol Wurt- zel will contribute 30 features, 10 of them Spanish versions, to Fox's new season's program. RKO's Leases In Radio City Are Approved (Continued from page 1) maximum. After that, rent paymeir of $50,000 per month, or $600,000 an nually, will be paid to Rockefelle: Center. If there is a monthly balance remain ing after these items have been takei care of, 50 per cent of the balance wil be paid monthly to Rockefeller Cente as additional rent, but such payment; together with the rent, are not to ex ceed the $953,972 annual maximun The remaining 50 per cent of such balance is to be divided equally i payments to the RKO Radio City op erating companies and a special re serve fund account. In the event of | deficiency which would result ? Rockefeller Center receiving less tha $50,000 per month in rent, the land lord may make up the deficiency b j withdrawing from a security depos of approximately $300,000 establishe for this purpose by RCA. This de posit was originally $1,000,000, bi Rockefeller Center has withdrawn at] proximately $700,000 of it for renta l due up to the time of the RKO equity receivership, in Jan., 1933. The RKO receivership voided tlj original Rockefeller Center lease. Tlj new lease was objected to by varioi creditors of RKO and approval of in its first form was withheld tj Judge Bondy early in January of th , year on the ground that it specific no maximum amount which might li paid out of balances as additional ren Rockefeller Center's agreement to fi: ing the $953,000 maximum resulted approval of the lease by the court. Court Orders Sale For Omaha Orpheun Omaha, March 7. — The long-e: pected auction of the Orpheum h; been ordered by Federal Judge Jairn Donohue to satisfy claims of fir mortgage bond holders for $1,070,0( and interest at 6 per cent since De 1, 1926. The action resulted from the ceivership a year ago which followi" a default on bonds of the Omaha O pheum Co., a subsidiary of the o Keith -Albee- Orpheum Corp. Tr house is at present operated by A. I Blank's Tri-State Theatres Co. on . one-year lease which was granted I the receiver last June. The court's order requires payme of the first mortgage bondhol claims within 20 davs to avoid auctic To Remake 'Three Week Hollywood, March 7. — Irving Th? berg is planning to use Wallace Beer Clark Gable, Gloria Swanson ai other names in a remake of Elin Glynn's "Three Weeks." Capital Now Majestic Herman Gluckman has changed t name of his New York exchange frc Capital to Majestic Pictures Coi Amity Opens in 'Frisco San Francisco, March 7. — Ami has opened an exchange here with - Lubfin in charge. MOTION PICTURE DAILY Alert, Intelligent and Faithful Service to the Industry in All Branches rOL. 35. NO. 56 NEW YORK, FRIDAY, MARCH 9, 1934 TEN CENTS Expect Early O.K. on Deal In St. Louis "hange May Be Effective On Sept. 1, Next St. Louis, March 8. — Approval by e court of the F. & M. deal with the -st mortgage bondholders for the issouri, Ambassador and Grand Cen- al is expected shortly. The houses, nv being operated by Central Thea- es Corp., a Skouras subsidiary, will ange management Sept. 1. In snaring the trio of downtown the- tes from Skouras, F. & M. are ex- cted to line up Warner product, nich is absent from the houses now. rith "Wonder Bar" opening at the ialto on March 31, Warners will (Continued on page 4) *ickford Deplores Plight of Indies Declaring that "the industry is con- )lled by a few individuals and in- pendent producers cannot exist un- ;s tied in with major companies," ary Pickford yesterday deplored the :k of cooperation from "the big fel- l)vs." She decried the fact that in- pendent film men cannot borrow tal- (Continued on page 8) iPTOA Men to Meet Before Convention Two meetings of M. P. T. O. A. icials will be held April 9 prefacing E three-day annual convention of the ,;anization in Los Angeles. The {.Continued on page 4) Special MPT OA Fare Railroad rates of a fare and one-third for the round trip to the coast have been negotiated for the M. P. T. 0. A. convention, with special west bound service from sev- eral points. The New York Central. Pennsylvania and Southern railroads will run special cars from various cities to connect with two special trains, one leaving Chicago and the other New Orleans the night of April 6. The specials arrive in Los Angeles the morning of April 9. Return trips can be made by any route the ticket holder chooses. End of Free Admission to Radio Shows Is Foreseen Discontinuance of free admissions to radio broadcasts from theatres leased by radio chains is anticipated as a result of the meeting of film and legitimate theatre Code Authority committees with a committee repre- senting the radio Code Authority, Ed Kuykendall said yesterday on his re- turn from Washington where the radio committees met this week. The radio committee will report back to the Code Authority of that industry which will, in turn, male? known its recommendations to Deputy NRA Administrator William P. Farnsworth. Resolutions were adopted pointing out the dangers of free shows by vari- ous local, state and national agencies and the matter of free radio shows will be investigated and further joint meetings between the three commit- tees will be held. The radio committee consisting of (Continued on page 4) Jersey NRA Bills Worry Exhibitors Trextox, March 8. — Theatre own- ers in this state, including Allied of New Jersey, are admittedly worried by the progress on three bills designed to set up and finance state boards for enforcement of NRA codes on intra- state business. Two of these bills, one providing for a state appropriation for a recovery board and the other to per- mit assessment of industries for financing the board, have passed the House and are pending in the Senate. A third, designed to permit the use (Continued on page 4) Consolidated 1933 Net Up to $909,358 Consolidated Film Industries, Inc., reports a gain in profits for 1933 over 1932. The 1933 net was $909,358, after depreciation, interest. Federal taxes and other charges. The 1932 net was $862,228. This year's net takes care of the $2 cumulative par- ticipating preferred, the report states, and provides 21 cents a share on the common. Sales and royalties totalled $8,095,- 532. Costs, expenses and deprecia- tion were $6,921,462. Smith, Sears Going To Coast for Talks A. W. Smith, Jr., and Gradwell L. Sears leave for Hollywood next Wed- nesday to discuss next year's lineup (Continued on page 4) Deadline Nears Code assent forms must be signed and dropped in the mail to carry a postmark not later than midnight, March 10, if those who have not complied want to swing under the deadline. This means final assent total cannot be computed by Code Authority until mail from far western points reaches New York. With bad weather prevailing, a week after deadline is com- puted a reasonable estimate. MonogramMay Go From 36 to 20 Next Year Monogram is the first producer to actually make a definite move toward curtailment of product next year, in spite of all the discussion that has taken place on both coasts in recent months, and has under consideration a reduction from 36 to 20. It was originally planned to make the higher figure next season, but W. Ray Johnston is considering the pos- sibility of giving greater care to each release on a reduced schedule. He has gone to Atlantic City to make plans for the annual sales con- vention which will be held at the Ambassador April 4-7. Loew-Union Talks Set for Saturday Preparations for negotiations be- tween Loew's, Inc., and Local 118, Theatre and Amusement Employes' Union, were made yesterday at a meet- ing before the NRA Regional Labor Board here attended by David Bern- stein and Charles Moskowitz, Loew's ; (Continued on page 4) Elliott Takes Union Row to the Capital Hollywood, March 8. — Seeking some kind of drastic action that will end the conflict between the I. A. T. S. E. and I. B. E. W. locals here, William Elliott, I. A. T. S. E. head, (Continued on page 4) Last 10 Code BoardsLooked For on Monday More Impartial Names Also Expected Division Administrator Sol A. Ros- enblatt is expected to announce ad- ditional impartial members to the various clearance and zoning and grievance boards when the Code Authority meets again Monday. It is expected personnel of the remaining 10 boards will be completed at a meet- ing of the committee Monday morn- ing and approved by the authority later in the day. Rules for all boards are completed and will come up for approval Mon- day. Nathan Yamins and Harold Bareford are expected to have ready a plan on financing. The two had lengthy sessions in Washington on the matter earlier in the week. Boards Please All In Salt Lake City Salt Lake City, March 8. — No word of criticism has been heard in this territory on the code board ap- pointments. Independents as well as circuit and distributor representatives give unreserved praise. District Manager Harry David of (Continued on page 4) Few Board Changes Coming, Kuykendall Few changes, if any, will be made in clearance and zoning and grievance board setups as a result of protests coming into headquarters of Code Au- thority, Ed Kuykendall, president of the M. P. T. O. A. and a member of (Continued on page 4) Seattle Calls Off Nazi Film Showing Seattle, March 8. — Preview of "S. A. Mann Brand," Herman film, which is said to glorify the Hitler storm (Continued on page 4) Who? What? When? Fourteenth instalment of the biographies of the men who make up the code boards appears on page 7 today. MOTION PICTURE DAILY Friday, March 9, 192' MOTION PICTURE DAILY (Registered U. S. Patent Office) Vol. 35 March 9, 1934 No. 56 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. Clifford, manager; London Bureau: 6 Brookland Close, Hampstead Garden Suburb, Bernard Char man, Representative; Berlin Bureau: Berlin-Tem- pelhof, Kaiserin-Augustastrasse 28, Joachim K. Rutcnberg, Representative; Paris Bu- reau: 19, Rue de la Cour-des-Noues, Pierre Autre, Representative; Rome Bureau: Viale Gorizia, Vittorio Malpassuti, Representative: Sydney Bureau: 102 Sussex Street, Cliff Holt, Representative; Mexico City Bureau: Apartado 269, James Lockhart, Representa- tive; Glasgow Bureau: 86 Dundrennan Road, G. Holmes, Representative; Budapest Bureau: 11 Olaaz Fasor 17, Endre Hevesi, Representative. 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 Broadcast Off The Pathe News-Absorbine Jr. pro- posed broadcast, scheduled to start Feb. 18 over 13 stations of the Yan- kee network, is off indefinitely, accord- ing to Irwin Wasey & Co., advertis- ing agents handling the account. The hitch is said to be the ban of the Na- tional Broadcasting Co. on broadcast- ing from records, the Pathe sound track evidently being classified as a record. New Series for Hoffberg J. H. Hoffberg Co. is releasing a series of American and Spanish fea- tures and shorts with distribution, ex- cept for California, New Mexico and Arizona, handled from New York. In California, Spanish International Pic- tures is handling the output ; in New Mexico and Arizona. Scott Amuse- ment Co. Have 12 Polish Films Majestic is releasing 12 Polish films in 100 towns in this country where there are Polish speaking popu- lations. The first of the series, "The Spy," is now in its second week at the Caruso. Al Friedlander Returns Al Friedlander yesterday returned from a three-week tour of First Divi- sion exchanges. Jimmy Rose has suc- ceeded William Raynor as Albany manager. Loews Sail March 17 Arthur and Mrs. Loew sail on the Conte di Savoia March 17 for a six weeks' tour of Europe. The Loews recently returned from Australia. Insiders' Outlook "\J O probability of RKO being discharged from receiver- ship before next fall at the earli- est is in the cards, say those closest to the equity proceedings of the company. The most obvi- ous reason is the time required to hear and settle those creditors' claims filed against the company in the amount of more than $23,- 000,000, exclusive of a Rocke- feller Center claim for approxi- mately $15,000,000. Progress made to date on the hearing of the claims indicates conclusively that October is the earliest date by which an end to the receiver- ship could be effected. Just as likely is a wind-up next January, which would make an even two- year receivership for the com- pany. . . . ▼ The basis of a reorganization plan for the company has taken pretty definite shape in the minds of important creditor groups, but no further development of it can be expected until outstanding claims have been settled, giving definite knowledge thereby of just what RKO's liabilities are. No reorganization plan can be com- pleted until that knowledge is at hand. In the meantime, the new RKO-Rockefeller Center lease on the Radio City theatres, just ap- proved by the U. S. District Court here, offers some distinct advantages over the original lease which was voided by the RKO receivership. . . . T The original lease called for a monthly rental of $79,800 on the Music Hall and Center. The new one calls for $50,000 per month only after operating expenses of the houses have been taken care of and special reserve accounts of $125,000 aggregate main- tained. Even if profits mount to prosperity levels, the 50 per cent of the balance after the afore- mentioned items have been taken care of, which goes to Rockefeller Center as additional rent, cannot exceed the $79,800 monthly rent which was fixed by the original lease. Only one disturbing ele- ment in the arrangement — Rocke- feller Center reserves the right to cancel the lease almost at will. . . . T Of paramount interest is the decision of the New York State Court of Appeals in the long- contested Bercovici-DeMille case on dialogue rights of "The Volga Boatman, produced by Ceebee silent in 1924 and in sound later on the one-story buy. The author claimed he had never sold dia- logue rights and sued on them. The Supreme Court ruled him in the wrong. Now comes the appeals court, highest legal bench in the state, to uphold the lower court. The decision is pre- cedent-establishing and holds conveyance of the dramatic rights of a story prior to introduction of talking pictures carried with such conveyance talking picture rights at one and the same time. In the early days of sound, pro- ducers, bulking them, went into six figures to cover dialogue rights of properties at the time or earlier acquired. It wTould seem now they didn't have to do any such thing or spend any such money. However, there's the future and its consolation. . . . ▼ Representative Patman's pet bill is to get an airing after all these months. He is the Texan legisla- tor who disturbed some Hays members mightily months back- when, by original introduction of his bill, he made all answers diffi- cult through incorporating for enactment the self-imposed Hays Stocks Up on Big Board High Low Close Columbia Pictures, vtc 25 2454 25 Consolidated Film Industries 45^ 454 456 Consolidated Film Industries, pfd 1654 1654 16>£ Eastman Kodak 8954 8654 8954 Fox Film "A" 145/6 1454 14M Loew's. Inc 3254 3054 32 M-G-M, pfd 22J4 2254 2254 Paramount, cts ■ 554 4M SVs Pathe Exchange 3M 356 3M Pathe Exchange "A" 19*6 1854 1954 RKO 356 35* 3$* Warner Bros 6% 654 654 Curb Stocks Stationary High Low Close Technicolor 954 9 954 Trans Lux 254 254 254 Keith Bonds Fall 1% Points High Low Close General Theatre Equipment 6s '40 954 9 956 Keith B. F. 6s '46 6354 6354 6354 Loew's 6s '41, ww deb rights 95 94% 95 Paramount Broadway 554s '51 335-2 33 33 Paramount F. L. 6s '47 46 45 46 Paramount Publix 554s '50 45 4454 45 RKO 6s '41, pp 38 38 38 Warner Bros. 6s '39, wd 55 54 55 Net Change + 54 + % + Vs +254 + 54 +1 - 54 + Mi + 54 + 54 + 54 + H Net Change Net Change - 54 —154 4- V-> + Si + 54 + 54 Sales 500 200 700 1.000 600 12.500 100 14.300 7.000 2.700 3.000 9.400 Sales 300 100 Sales 12 1 13 10 production code of ethics. Slight ly embarrassing, you can readily see. . . . Big local theatre move mooching around. What? Now wait just a minute. . . . K A N N i Purely Personal i CLARK GABLE and Ramon |< varro have said goodbye to Ne-j York. The former is due on the coaJ Monday to start work in "Manhatta. Melodrama.' The latter will dally Chicago for a week to fill a stad engagement before heading for Holb! wood. Harry C. Arthur and Joe PluJ kett have been neighbors on til eighth floor of the Bond Building m many months and found out about j only yesterday when they met at tlj elevator. H. M. Warner, Al Jolson, Charles Einfeld and MortBlume: stock leave for Philadelphia today attend the opening of "Wonder Ba tomorrow night. Phil Reisman brought back wi him a bottle of Cognac dated 1811. I, doesn't know whether to put it in tl vault for safekeeping or drink it. Ed Kiykendall plans one of h| infrequent visits to his Columbi Miss., home shortly after the ne j Code Authority meeting on Monda Myron Sattler, New York e| change manager for Paramoui leaves March 22 on the Vcraf/ua f a two weeks' southern cruise. Lanny Ross reached New Y< last night from the coast to resui i his broadcasting. He has been wor ing for Paramount. H. William Fitelsox. film attc ney, returned yesterday from a weeks' European trip. Herman Robbins, president of X tional Screen Service, is basking the Florida sun. Eddie Aaron, assistant to W, Rogers of M-G-M, is making a tour] all exchanges. Herman Gluckman is celebrati his 18th anniversary in the busine this month. George White gets back from Coast tomorrow and will go to Warwick. John M. Crinnion, executive vie president of Amity Pictures, is ba from a three-week vacation in Miar' Charles W. Bunn, Erpi sa manager, is back from a business ti to Texas. Bill Scully has taken to the ro again for a short sales trip i M-G-M. Hai, Horne left for Bermuda y( terday to recuperate from a recent ness. John Monk Saunders' "Mann* Maketh the Man" has been sold M-G-M. Sam Morris returns to his off next week. Date undecided yet. Henry- Sherek. British stage pi ducer, is in New York from Londc Jack Springer added another y< to his age last week. Jack Steinman returns from ^ ami on Monday. >R THIS WIRE FROM THE SAGE F THE GREAT SOUTHWEST! <*W SE*RS PICTURES 521 WEST . WBHER BROS PICT R ,„ W,CH Y0U HAVE U NT)0OBT ^ „ i_A SI ««« S1°P ' „ ha3 BEEN * «, „! LL - RECOR^ B- ^ence REftnl0N PERFORMANCE ^■10^:^"1- 0 0RE.S.SSCARR0U POSHVVE CHEER TET) UP0N ^E fQ(, « — 1,WE JZ - — S1°P WE Tbeueve that n has 0PP0RTU:; H R OHT ,. — 0, EOR THE E, «E ^ ^ ,„,. BEEU A STEP >« lH£ , GN „, U REFtECT alsopos.— ^ pCAKlnoESTPERSo-— S — NE>^ r j OTJONNELL (blonb'E ■*,i'U'.'«nnir ■mm! BiltlT ' — M hup pp ~S A JULIUS BBBftfl ^8 if ftp W J WARNER BROS.! 1 lAs the Earth Turns" rn showman anyway you look at it, iving several uncles and cousins in e business. He first started his thea- ical experience in 1906. selling tick- is in the box-office of a legitimate icatre. where he continued as theatre easurer until the advent of motion ctures in 1909. At that time, he be- ime manager of the Portola. prob- )!y the first picture house in San rancisco, where he gained much iluable experience in the rapidly rowing industry. In 1916 was com- leted what was probably the finest leatre in the world at that time for ic exhibition of motion pictures. — le California in San Francisco. Leav- ig the Portola, David became head f the publicity department of the alifornia and later assumed its man- cement. With the expansion of the othchild interests, he was given the rection of the four theatres they ontrolled. For four years following lis association, he had charge of the lission. Los Angeles, which was the test house to inaugurate the policy of aowing exclusive, long run pictures. higher admission prices. It was !hile David was manager there that Fourteenth instalment in a biographical series on the men zvho make up the code boards. he first introduced what he claims is i now known as a Hollywood premiere. Leaving exhibition, David became dis- tribution head for the Mack Sennett Film Corp., with offices in New York, having in charge distribution of Sen- nett comedies throughout the United States. He first became associated with Publix in 1925 as division man- ager of the Publix-Blank circuit, con- trolling theatres in Iowa and Nebras- ka, from which, in 1929, he was trans- ferred to Salt Lake, as division man- ager for the Publix-Marcus theatres in Utah and Idaho, which post he re- tains at the present time. C. E. Huish, representing unaf- filiated exhibitors on grievances, runs the Star in Eureka and is president of the Intermountain Theatres Ass'n.. an organization not affiliated either with M.P.T.O.A. or Allied. His house seats 400. Charles L. Walker, representing affiliated national distributors on clear- ance and zoning, has been in the em- ploy of Fox at Salt Lake City since Oct. 23, 1917. He started as shipping inspector. Two years later he was given a bookership. On April 24. 1920, he became a salesman and five years later combined the bookership with the assistant branch managership and city- salesmanship. He was one of the five salesmen who won promotions in a sales contest conducted during the 1926-27 season and on April 23. 1927. was made exchange manager. Jack Rue, representing unaffiliated distributors on clearance and zoning, was born on Dec. 27. 1892. and edu- cated at grade and high schools in Brownsville. Pa. From 1918 to 1921. he worked for Supreme Film ; from 1921 to 1923 for Universal ; from 1923 Who Either Is Milwaukee, March 8.— Pierce H. Bitker, impartial member on the local grievance board, is vice-president of the Bit- ker-Gerner Co., women's ready-to-wear firm and a well-known local business man. He is not secretary of the Association of Commerce as stated by Code Authority, but was recommended by that group as an acceptable mem- ber. Bitker, however, holds no official post with the body although he has served on various of its committees. to 1931 for Pathe; from July to No- vember of the latter year for M-G-M. He rejoined Universal on March 11, 1932, and currently is manager for that company here. Louis Marcus, representing affili- ated first runs on clearance and zon- ing, is Paramount operating partner in this territory and is mayor of Salt Lake City. He built up his own in- dependent circuit throughout Utah and Idaho and sold it to Publix about 1928. Thereafter, Marcus was inactive in exhibition up to a year ago when, following the Paramount bankruptcy, he entered into a deal with the Para- mount trustees to again take over operation of his former houses on a partnership basis. His picture career dates back to a mere incident when, dissatisfied with, but seeking, occupa- tion as a machinist he "happened" to meet the first motion picture operator in Salt Lake, Max Florence, who stop- ped him asking if he knew anything about operating a machine. The only thing Marcus knew about the stage was an attempt, in 1906, which ended in failure, at minstrels, when he and his brother made a venture and their act was preceded by one staged by Jesse Lasky which, he states, not only obscured but obliterated the "Marcus Minstrels." Therefore, with more dar- ing than skill, Marcus, sensing his chance for an occupation more to his liking, started as the technician, his first picture being "The Passion Play." Circumstances made the posi- tion of Marcus firm, if delicate, for there were no other operators avail- able in this section. He later became distributor of films in the intermoun- tain states for Famous Players Lasky with Lasky at the head, Marcus be- ing the original Franchise holder when they started business in Salt Lake. He has been in the business almost continuously since that time. His houses include the Paramount (1,240 seats) in Provo; Capitol (2,- 400), Paramount (1,400) and Victory (1,236) in Salt Lake; Idaho (540) and Orpheum (798) in Twin Falls, Idaho. B. F. Thatcher, representing un- affiliated first runs on clearance and zoning, operates the 1,500 seat Capitol and the 700 seat Lyric in Logan. He is a member of the Intermountain Theatres Ass'n. Joseph Lawrence, representing un- affiliated subsequent runs on clearance and zoning, runs two theatres in Salt Lake. One is the Rialto (900 seats) and the other the States (675). He, too, is a member of Intermountain Theatres Ass'n. John Gillette, second exhibitor representing unaffiliated subsequent runs on clearance and zoning, runs the Strand (500 seats) and the Ritz (250 seats) in Tooele. Like other exhibi- tors on the Salt Lake boards, he is en- rolled on the roster of Intermountain Theatres Ass'n. Cincinnati Cincinnati. March 8. — The big jgh last week around the gaming ,oles was sprung just prior to arrival members of the "Moulin Rouge" ravan, who became guests of the ib. When it was announced a rty would be given for the travelers. : members were told it would be a rht for making merry. Shortly be- ■e the festivities started, several j'kers inquired which "Mary" they re supposed to "make." Two new barkers are enrolled in local membership. They are .eddie Miller, lightweight boxing unpion, and Maz Katz. fight inioter. The farewell testimonial dinner for .L Gehring was postponed, in Jer not to conflict with the party ^the Detroit Club, also set for Sat- lay night. i \llan (Columbia) Moritz. presi- g it of the local club, headed the Cin- nati delegation in its trek to the troit shindig. 3apt. John D. Craig, explorer 1 underseas adventurer, gave the mbers a graphic description of his ny experiences. He was here to ure on his picture, "Sea Killers." vre Lipp, treasurer extraordinary a narrow escape from serious in- y. if not death, when the door of automobile came open while he • leaning against it. All members of the Cincinnati grievance and clearance and zoning boards are members of the Variety Club, either here or in Columbus. Ralph Kinsler is the new chair- man of the house committee. He re- placed Moritz. who recently began narking his anatomy in the president's chair. Barkers are extending their sym- nathies to Nelson Trowbridge, resi- dent manager of the local Shubert, whose brother passed awav in Knox- ville. L. B. Wilson is enjoying the warm sunshine in Florida, while his brother barkers up here are fighting zero weather. Morris Segal is looking 'em over along the main stem in New York. Cleveland Cleveland. March 8. — More than 130 turned out for the first "King for a Day" luncheon. Nat Holt and Fred Meier were the first "kings." Their show included the entire "New Yorkers" cast headed bv George Givot, and augmented bv a chorus of 24. Norman Frescott acted as master of ceremonies. Joe Conduixa and his Avalon Club Or- chestra provided the music, and Irene Duval, stepped in from the Mayfair Club long enough to sing a trio of her intimate songs. Barker Ed Bang, sports editor of the Xetcs, celebrated his birthday, by entertaining almost two score of guests at the club. Among the celebrities at the Bang table were Judges Silbert. Baer and Skeel. former Mayor Ray' T. Miller, U. S. District Attorney Freed and State Senator Mosier. Howard Ducan. Hotel Statler manager, has given such whole- hearted co-operation to Chairman Addte Addison's house committee that the board of trustees elected him an associate member. George Stevens. Cameo theatre manager, is painting oils of John Harris and the 11 organizers of the club to hang in the clubrooms. Barker John Hemmelein of Para- mount won the door prize at the first "King for a Day" luncheon. It con- sisted of four bottles of imported liquors donated by Monaco's. But since John had just stepped on the water-wagon, he gave all four to friends — presumably to exhibitors who might be in the market for Para- mount product. Barker A. Addison is burning be- cause a defect in a photographer's plate made him appear in a picture as having a black eye. George Givot and Norman Fres- cott, w-ho appeared at the Palace in the "New Yorkers," were partied at the club by Barkers Holt and Meier. It was a reciprocal gesture for their good work toward making the first "King for a Day" luncheon a success. Kansas City Kansas City. March 8. — With formal organization of a V ariety Club here, Kansas City becomes the west- ern outpost of the fraternity of good fellowship. Consensus is the club is in expert hands and that the selection of offi- cers could not have been improved upon. Chief Barker Frank Hensler has distinguished himself as promoter of industry, social and benevolent activities, and his election by a large majority is due mainly to that con- sideration. Also to the fact that he is an able citizen and a "regular." The membership acclaims the ef- forts of Wagon Man Charles Shafer and First Assistant Chief Barker Arthur Cole, who were (Continued on parte 8) 1 MOTION PICTURE DAILY Looking 'Em Over (Continued from page 6) yuung students in Paris, strive to preserve a take-it-and-leave-it attitude toward love. She, posing as a sophisticate, tells him of her past con- quests. He assures her he will leave when his business in Paris is fin- ished. Each is intent upon preserving an air of emotional detachment. A compelling emotion draws them together again even after he has stayed away from her for three months. Marmont is adequate. His work is convincing at all times, but the delicate shadings of this girl's moods, her outward restraint in moments of deep emotion — a restraint which gets over to audiences through some subtle hypnotic quality in her many faceted makeup — make her acting a delight to watch. Production values are lacking. The settings are little more elaborate than an average stage play, but direction by Paul Czinner is skillful. "The Moth" (Showmen's Pictures) As commonplace as the title leads you to suspect, "The Moth" is a weak picture that can be recommended only for double feature pro- grams. The title will give a clue to the sort of story that lies in store. Sally O'Neil is a wild creature who risks losing her inheritance under the terms of her father's will when an escapade at a hot party lands her on the front pages. In the hope of taming her, her guardian asks Paul Page, an engineer in his employ, to keep an eye on her. When Sally betakes herself to New Orleans at Mardi Gras time in a sudden desire to get away from her friends, Page trails her. The girl finds herself in the toils of the law when her friendship for ;i night club dancer being shadowed by a detective as a thief leads to her arrest on the suspicion of being an accomplice. The arrest of the dancer and the gang she is operating with absolves Miss O'Neil. who by now is aware of Page's purpose in keeping her under surveillance. And, of course, wedding bells can be heard in the distance if one has any imagination at all. The acting is not of the best and the direction of Fred Newmeyer routine. Wilfred Lucas, Fred Kelsey and Duncan Renaldo are also in the cast. "What's Your Racket?" (May fair) "What's Your Racket?" manages to be consistently entertaining be- cause it clings successfully to its intention not to reveal the motive that impels its central character to rob until the last few minutes of the footage. This belongs to the gangster category and makes plenty of noise in the unfurling of its plot — a plot which, while stereotyped, is pieced out with enough cleverness to hold the attention. Noel Francis is set on getting even with a gang of bank robbers who framed her father, a clerk in the institution, who died in jail for a job pulled off by them. She obtains a job in a night club operated by one of them. One night, disguised as a man, she steals from his safe part of the money stolen from the bank where her father had been employed. She is discovered and escapes with the aid of Regis Toomey, who is unaware of what she is up to. When the discovery is made that she took the dough, the club owner and his gangster pals go gunning for her. Toomey and the police, who have been tipped off on the fate that awaits her, help her out and wipe out her enemies. Toomey, it turns out in the end, is an agent investigat- ing the very robbery for which her father paid the penalty. Her father's name cleared, she and Toomey are on their way to get a marriage license when the film ends. Miss Francis does the best work. Toomey acts competently, as do Creighton Hale and J. Carrol Naish as two of the bad boys. Fred Guiol directed. "Spitfire" yesterday's opener at the Music Hall, was rcviczi'ed by ivire from HoIIyzi'ood on Feb. 15. "Six of A Kind " this morning's opener at the Paramount, iras rcvieivcd by zvire from Hollyzcood on Jan. 19. "Midnight ," last night's preview at the Ro.vy, zvas reviewed on Nov. 21. 8 Pickford Deplores Plight of Indies (Continued from page 1) cut from major outfits unless they lend writers, directors and stars of equal importance. Miss Pickford claimed the taboo on borrowing is the stumbling block of the little fellow and he is being crowded out of the business. "The industry needs stimulation, but where it is coming from I do not know," she stated. "We need more pioneers, men who think of giving rather than getting. "One moment this business of pro- ducing is an art, and the very next minute it is turned into a manufac- turing business," she opined. "This business of trading person- alities is all wrong," she stated. "Un- less I have someone of similar im- portance to Gary Cooper or Clark Gable, I cannot borrow either star from Paramount or M-G-M." Miss Pickford cited an instance be- tween M-G-M and Columbia where Gable was loaned to Harry Cohn when the latter sent over Frank Capra to direct on Leo's home ground. The star said she has no difficulty with her releases, as she still owns, one-sixth interest in United Artists Distributing Corp., the main trouble being in trying to get other studios to lend contractees for her pictures. The star regretted not having clos- er contact with the Ampa, at which she spoke, and its members. She said she received "marvelous cooperation" from the press on her four-week per- sonal appearance tour and invited all attending the M. P. T. O. A. conven- tion on the coast to be her guests. Two U. A. Salesmen Made Branch Heads Two salesmen in the field have been promoted to branch managers by United Artists in a shift of personnel which elevates Harry Lotz to charge of the Milwaukee office and Fred Rohrs, formerly of Kansas City, to Charlotte as head. G. I. Bradford joins the Kansas City force to fill in Kohrs' place. Walter Loewe of the Washington office has been transferred to Char- lotte and George Dillon, recently at- tached to the Atlanta staff, is now working out of Washington. Charles Stern, assistant division manager in the east, is in Charlotte on a tour of the south and L. J. Schlai- fer, western division manager, left last night for Detroit and the west. Franklin Going to Coast on Film Deal Harold B. Franklin will leave for the coast in about a week and may negotiate for a director and players for pictures which he plans to put in work in the near future. No details are set yet, it was stated, and no de- cision has been made on whether pro- duction will be here or on the west coast. Franklin has acquired rights to the title "Fourteenth Street," from Simon & Schuster, publishers of the book of that name, and plans to use the title for a film which he may make from an original story. Dramatic and film rights to "The Saga of Battleship Ger- tie" were acquired by Franklin last week. To Talk to Catholic Guild Brandon Tynan, Donald Brian, Pedro De Cordoba and Gene Buck will speak at the Founders' Day cele- bration of the Catholic Actors' Guild at the Hotel Astor March 16. The program will be in charge of Eliza- I beth Lonergan, guild historian. Grainger Busy on Third Hollywood, March 8. — Having two productions, including "Alias the Deacon" and "Frailty" now in pro- duction at Universal, Edmund Grain- ger, one of the younger producers on the "U" lot, is busy preparing "Left Bank" for early starting. Friday, March 9, 1^2 Variety Club Chatter (Continued from page 7) largely instrumental in organizing th club. Shafer brings to the unit hi experience as an active member a the original club in Pittsburgh ft two years, as well as being the clul treasurer. Weekly luncheon meetings will b on Mondays, starting at 11 :30 am lasting until one o'clock. Place wil be the Kansas Citian Hotel, when club quarters are virtually assured. Dues are nominal — $2 a month fo active members, plus $4 entrance fe< Dues were held to that level as th most accessible basis for the younge element among prospective member^ Organizer Shafer stressed, howevei that the aim is quality not quantit; and assured that on the basis of II budget for the first year, the due will suffice. Chief Barker Hensler has name the following entertainment commr, tee : George Baker, chairmai Lawrence Lehman, John Mil Manus, Irwin Dubinsky, Hart- Paul and L. E. Pope. Membership committee consists • Bill Truog, Harris P. Wolfber Max Roth, Bob Withers, Pec Baker. Publicity is in the hands Barney Joffee, Bill Warner, Li Finkelstein and Al Fineston your Kansas City correspondent, a Signing of applications and ele^ tion of officers was accomplished wi dispatch at the organization meetiri Nominating committee was Arthi, Cole. L. J. McCarthy, Bill Wa| ner, Ed Shanberg and Earl Jami son. Review Granted on St. Louis Decisio St. Louis. March 8. — Word 1 been received here that Division A ministrator Sol A. Rosenblatt has March 14 for a review of the arbit: tion award made by Dr. William ; Patton in favor of the operato union in its controversy with mi tres over wage scales. Dr. Patton. serving with Os^ Kleintopf. business agent of the uni and Fred Wehrenberg, head of M. P. T. O. unit, decided in fa' of restoring the scales in effect April 16, 1933, with back pay to S< 5. Wehrenberg went to Washing, to appeal the decision. Income, Sales Tax Presented in Oh Columbus, March 8. — Two i tax bills were introduced this w in the Legislature. One provides an income tax beginning at two cent on $2,000 and running to five cent over $4,000. The other is a th per cent general sales tax. Governor White favors the s tax, although it has been defe; twice in the past, and exhibitors pr ( it to the 10 per cent admission I now in effect. Denig Assigned Easi Lynde Denig has been appoi; eastern representative for Helen 1 guson, whose publicity bureau hi quarters are in Hollywood. The Leading Daily ^ Newspape« of the Motion Picture Industry MOTION PICTURE DAILY Alert, Intelligent and Faithful Service to the Industry in All Branches IOL. 35. NO. 57 NEW YORK, SATURDAY, MARCH 10, 1934 TEN CENTS U" to Fight Eleel Cuts by Chicago Board ?est Case Planned When Orders Are Issued Chicago, March 9. — A test case of layor Edward Kelly's standing order ) his police department censor board } eliminate riot scenes from news- ;els will be made at the first instance f such censorship, Henry Herbel. Iniversal branch manager, told a athering of newspaper men while de- ouncing the Mayor's order as a "step ward censorship of the press." Uni- ersal newsreels will refuse to make ny cuts ordered by the Mayor, Her- |l said. He revealed that local distributors L$t year paid the censor board $67,000 i license fees while the actual op- -ating cost of the board was $37,000. Ihicago is the only city in the coun- y endeavoring to censor newsreels, "erbel said. Paramount to Cut Down Shorts List 1 Hollywood, March 9. — Paramount ill cut down on its short subject list :xt year, because of the code pro- sions covering selling, it is said. It '■ possible that no product will be /ken from outside producers. - The present setup with associate oducers is to be continued. ?uts Will Improve Product — Johnston Reduction of the Monogram sched- e from 36 to 20 next season will iiprove dual bills and help the Fed- ation of the M. P. Industry and its lied distributor and exhibitor mem- rs in developing this policy, accord- (Continued on page 2) Checking Up"C.A." Division Administrator Sol A. Rosenblatt has sent a let- ter to Executive Secretary John C. Flinn asking him to check up his help to see if he is violating any labor provi- I sions of the code. The notifi- cation is a formal letter which goes to all industry members flving the Blue Eagle. This Is Their Oath (Lab? of iFatr (Cnmpptitinn fnr ttjp iintum priure 3niuatrrj ©all? 51jr unbrririnnfb Ijrrrbn arrpptfl tijr appointment of % OJobf Aulljoriru of % fflotion Jitrturr Jnbualru to art as a mrmfarr of Jljr Coral drirnanrr Coral Ollraranrr anb Zoning Sl,aril for 'If*— - Sxrljangr (Errritorg anb Ijprrbu, wnrarB to fairly, anil impartially brtmninr tntjatfnrr iafiitp is prrsrntrb to Hurl) Snarb. STATE OF ^ COUNTY OF ( SS.: On this day oL came and appeared 193 before me personally to me known and known to me to be the person described in and who subscribed to the foregoing and took oath to the statements by him subscribed. (Noury Public) How code board members will swear in under form of oath prepared by Division Administrator Sol A. Rosenblatt. The forms will go out from Code Authority offices immediately. SL Louis Is Pleased With Personnel of Code Boards St. Louis, March 9. — General sat- isfaction is expressed in this territory over the selections for the clearance and zoning and grievance boards. Chief interest now centers in when they will start functioning as there is an ac- cumulation of problems that exhibitors want settled. Nothing can be done until the im- partial members are chosen and word is received on methods of procedure. Most of those who comment on the board selections point out that prac- tically all the members except Clar- ence Turley have had experience in (.Continued on page 3) Detroit Mid-States Suit Up on Mar, 20 Detroit, March 9. — Ray Moon, head of Mid-States Theatres, Inc., who has been in Florida for several weeks, returns from his vacation on Monday. Suits of Al Ruttenberg of the Iris, Ruby Fischer of the Plaza, and Lew (.Continued on page 3) Milwaukee Theatres Threaten Closings Milwaukee, March 9— Theatres here are still adamant in their refusal to recognize the new Theatre Cash- iers', Doormen's and Ushers' Union. Mediation has been refused and Fred S. Meyer, head of the M. P. T. O. of Wisconsin, predicts general closings bv March IS. Cancellations To Be Granted On Many Pacts Majors Accept 10% Rule In Individual Cases Despite leading distributors' "dis- agreement" with Division Adminis- trator Sol A. Rosenblatt's interpreta- tion of the code's 10 per cent cancellation provisions, practically all companies will apply the ruling vol- untarily in a large number of individ- ual cases, it was determined yester- day. Rosenblatt's interpretation holds that the cancellation privilege applies to qualified contracts as of Dec. 7, even though the contracts were closed prior to that date. Distributors "dis- agreed" with this interpretation when it was announced at a meeting of Code Authority Feb. 26. It is learned now that the objecting distributors, who are Columbia, Fox, M-G-M, Paramount, RKO, Warners and Uni- (Continued on page 3) Richey Objects to Boards in Michigan Detroit, March 9. — H. M. Richey, general manager of Allied of Michi- gan, is the only film leader in this ter- ritory to object to the makeup of the clearance and zoning and grievance boards. His objections are not to the personnel, as he considers this high class, but to the ratio of representation for independents. Richey issued the following state- ment : "Michigan will never be satisfied with the boards as at present set up, not from the angle of personnel, which (Continued on page 3) Deadline Midnight; Hope of Delay Ends Washington, March 9. — With the reminder that assents to code must be postmarked midnight Saturday to be valid, the NRA announced tonight that no request for a further extension of time for signing had been received. (Continued on page 3) Who? What? When? Fifteenth instalment of the biographies of the men who make up the code boards ap- pears on page 4 today. MOTION PICTURE DAILY Saturday, March 10, 1934 MOTION PICTURE DAILY (Registered U. S. Patent Office) Vol. 35 March 10, 1934 No. 57 13 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: Poital Union Life Building, Vine and Yucca Streets, Victor M. Shapiro. Manager; Chicago Bureau: 407 South Dearborn Street, Edwin S. Clifford, manager; London Bureau: 6 Brookland Close, Hampstead Garden Suburb, Bernard Char man. Representative; Berlin Bureau: Berlin-Tem- pelhof, Kaiserin-Augustastrasse 28, Joachim K. Rutenberg, Representative; Paris Bu- reau: 19, Rue de la Cour-des-Noues, Pierre Autre, Representative; Rome Bureau: Viale Gorizia, Vittorio Malpassuti, Representative: Sydney Bureau: 102 Sussex Street, Cliff Holt, Representative; Mexico City Bureau: Apartado 269, James Lockhart, Representa- tive; Glasgow Bureau: 86 Dundrennan Road, G. Holmes, Representative; Budapest Bureau: 11 Olaaz Fasor 17, Endre Hevesi, Representative. 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. M. P. Club Picks Depinet Ned E. Depinet, president of RKO Distributing Corp., has been elected a director of the M. P. Club, supple- menting a board which already in- cludes Jules E. Brulatour, Jack Cohn, Will H. Hays, Al Lichtman, Carl Laemmle, H. J. Yates and Adolph Zukor. Additional directors are to be named later. Raft Tired; Will Rest Hollywood, March 9. — George Raft has worked 20 consecutive weeks and his doctor tells him he needs a rest. For this reason he will not play in Mae West's 'It Ain't No Sin" and will go to Europe instead. Paramount is considering Spencer Tracy and Buster Crabbe for the role. Billboard Bill a Law Albany, March 9. — Governor Leh- man today signed the McNaboe bill which prohibits the erection of any outdoor advertising signs within 500 feet of a state parkway or park without permission from the Regional Park Commission. "Nymph" Goes to Roxy Harry Arthur has booked "The Constant Nymph" into the Roxy start- ing April 6. 12th WEEK ON BROADWAY iFortfotteii JEWEL PRODUCTIONS, 723-7U1 Ave., N. Y. C. Columbia Lines Up Players for Dance Columbia has lined up a list of stage and screen personalities for its an- nual dance at the Waldorf Astoria tomorrow night. Harry Hershfield, Julius Tannen and Milton Berle will act as masters of ceremonies. Among those set for the entertain- ment program are : Harriet Hilliard, Ozzie Nelson and his band, Hannah Toback, Buck and Bubbles, Borrah Minnevitch, Three Scamps, Alexan- der Oumansky & Co., Fifi Dorsay, Gregory Ratoff, Sonia, Emile Boreo, Armida, Roy Smeck, Stoopnagle & Budd, DeCastri & Liane, Muni Ar- ganto, Meta Carlisle, Madge Bellamy, Conrad Thibault and Sally O'Neill. Ask Bondholders to O.K. St. Louis Deal St. Louis, March 9. — The first mortgage bondholders for the Mis- souri, Ambassador and Grand Central today sent to all bondholders copies of the re-organization plan as sub- mitted by F. & M. If the proposed plan is approved by the bondholders, the court will be asked to sanction a foreclosure sale. To Check on Periodicals Hollywood, March 9. — To guard against fly-by-night screen periodi- cals the publicity executive commit- tee of the M. P. Producers' Ass'n. today passed a resolution compelling members to refuse recognition to such publications until proven bona fide. Three More for Fox Hollywood, March 9. — Three more stories have been announced by pox for the new season, Sinclair Lewis' 'Work of Art," "Nymph Er- rant," English stage play, and a tale based on the life of William Travers Terome. K. C. Mobs Gable Kansas City, Mo., March 9. — Clark Gable was mobbed last night when he stopped off here for a half hour for a personal appearance at Loew's Midland while en route to Hollywood. Off Comes Roxy Roxy's name, which has adorned the upright and marquee signs at the Music Hall since the theatre opened, no longer is there. Electricians who did the removal job have merely blanked out the space so long occupied by the signa- ture in Neons. May Go to Justice Dept. Kansas City, Mo., March 9. — Union officials will carry their fight against Ed Dubinsky to the Depart- ment of Justice on the charge of code violation should the National Labor Board's settlement of the labor dispute involving his houses in St. Joseph fail to satisfy them, it was learned today. Brown Succeeds English Toronto. March 9. — Emanuel Brown, formerly general manager of Empire Films, Ltd., of this city, has been appointed branch manager of Paramount Film Service, Ltd., at Montreal. He succeeds Edward Eng- lish, who has resigned. Rogers Quits Para. Hollywood. March 9. — Charles R. Rogers announced personally today his withdrawal from Paramount upon completion of the remaining four pro- ductions on this season's program. He plans to continue independently. Seidelman to Genoa Paris, March 9. — Joseph Seidel- man has left for Genoa where he will meet his wife, who is on her way from New York. Grainger on Trip James R. Grainger leaves for a quick trip to Universal's Middle Western exchanges today. He will be gone a week. Dietz Returns Monday After several delays on the coast, Howard Dietz returns to New York on Monday. Many Down on Big Board High Columbia Pictures, vtc 25 Consolidated Film Industries 454 Consolidated Film Industries, pfd 1654 Eastman Kodak 90 Eastman Kodak, pfd 132 Fox Film "A" 1556 Loew's, Inc 3254 Loew's, Inc., pfd 90 M-G-M, pfd 23 Paramount, cts 554 Pathe Exchange 3% Pathe Exchange "A" 20 RKO 2% Warner Bros 6% Warner Bros., pfd 2054 Low 25 4Ys. 1654 89 130 1454 3154 90 23 354 1954 354 Close 25 454 1654 89 130 1454 3154 90 23 1954 354 Net Change — J/4 - 54 + Vs -% + 54 - 54 20J4 2054 Trans Lux Sole Curb Opener Trans Lux Net High Low Close Change .254 254 2J4 Paramount F. L. Bonds Drop 1% Net High Low Close Change General Theatre Equipment 6s '40 10 954 954 + % General Theatre Equipment 6s '40, ctf 9 9 9 s7 Keith B. F. 6s '46 6354 6254 6254 — 54 Loew's 6s '41, ww deb rights 9554 9554 9554 + 54 Paramount F. L. 6s '47 4454 4454 4454 —154 Paramount Publix 5V2s '50 4554 45^4 4554 — 54 Pathe 7s '37, ww 93 93 93 —1 Warner Bros. 6s '39, wd 5554 55 555i + H Sales 100 1,300 200 400 6,000 200 5,700 100 200 8,100 3,400 600 2,000 2,500 100 Sales 100 Sales 30 2 3 1 2 2 2 25 Cuts Will Improve Product — Johnston (Continued from page 1) ing to W. Ray Johnston, Monogram president. The company intends to concentrate on story values, he says, and at the same time get better advertising an-; exploitation results. "By producing fewer pictures,' Johnston states, "we will be able t I inject greater values and make ther. ideal companion features on any pro gram. It has been our observatior that the most successful pictures af« those that have unusual stories, care- fully adapted to the screen and en- hanced by intelligent and plausible dialogue. Pictures of this type can- not be produced over night. We have built up an elaborate story depart- ment and are spending anywhere frorr one to three months on every stor. we put into production. We wil shoot the scripts exactly as written. "I believe all companies are graduall; coming to the same way of thinking. } notable case is Columbia, which hav< achieved remarkable success with such pic tures as 'Lady for a Day' and 'It Har pened One Night' primarily on thi' strength of the story values in the pic tures. Our latest release, 'Beggars ii Ermine,' has confirmed our belief in thii method of production." Monogram Set for European Selling .Monogram will have 100 per cen distribution in the United Kingdon and on the continent, according tc Norton V. Ritchey, executive director of the Ritchey Export Corp., foreigr distributors for Monogram, who ha: just returned from a three-montl European trip. He says he has closed a contrac with W. J. Gell, managing directoi for Pathe Pictures, Ltd., in the Unitec Kingdom. Aurora Films will handle the line- up in Belgium. An office is to b( opened in Prague by I. Ronin to serv- ice central European countries, in- cluding Austria and Germany. Im- perator Films will act as distributor; in France and Switzerland. Flash Review "No Funny Business" — . . . poorei than average entertainment. . . . A review of this film will appear in ful. in an early issue of Motion PictoriV Daily. MOTION PICTURE ALMANAC 1954-35 A/O W /A/ PJl£PA/iA T/O/V WHERE THE WORLD LOOKS FOR. MOTION PICTURE PRICE »C2> turday, March 10, 1934 MOTION PICTURE DAILY Cancellations \> Be Granted )n Many Pacts {Continued from page 1) rsal, are primarily concerned with : right to determine for themselves d on an individual account basis lich of the contracts made prior to !C 7 merit the cancellations. Many such contracts, it is learned, 11 be granted the privilege without estion. Others may be objected to, sales representatives declare that ntract terms in many instances ire arrived at as a result of a speci- agreement that the entire picture ledule of the distributors was being cen and that no cancellations would made without payment for the pic- Fes cancelled. Wherever these pro- iions are contained in the contract, is believed by distributors that the >senblatt ruling will not apply. lule Cleaners Come Under Theatre Code An NRA legal department interpre- :ion received here yesterday by Local 5, Theatre and Amusement Em- syes' Union, holds that cleaners en- ged in theatre work come under the •or provisions of the film code even >ugh such employes are in the serv- of a cleaning contractor and not ; ployed directly by the theatre. IThe union asked for the interpreta- n in order to proceed against clean- ; service contractors in Brooklyn tatres that are charged with work- ; employes anywhere from 50 to 72 urs weekly instead of the 40-hour ximum specified in the code. Additional meetings between Charles Moskowitz of Loew's and Charles , Levey of Local 118 in connection i h the opening of new wage scale ,'otiations for ushers are scheduled today. The union representatives t yesterday with representatives of Duras and Randforce circuits at the 'A Regional Labor Board here. eadline Midnight; Hope of Delay Ends (.Continued from page 1) ft official view was that adequate Le had already been given. Divi- fli Administrator Sol A. Rosenblatt ijie it emphatic today that no per- 1 failing to sign would be eligible appointment to any of the code rds. rders Operators' Raise ifEw Orleans, March 9. — The 'A compliance director here has ,ructed the Liberty to raise its rators' scale to that of first run ses and to pay the difference in < pay due from date of opening, uble arose when the Liberty, after ting a second run contract with union, opened as a first run house. : operators went to the compliance ctor and asked an investigation. iladio Move Endorsed any favorable responses have been ived on attempts to eliminate free bo shows, Code Authority stated erday. Richey Objects to Boards in Michigan (Continued from page 1) the general opinion of our board of directors approved heartily, but be- cause under the representation as pro- vided in the code itself we find two sellers of pictures and one theatre affiliated with the sellers to one in- dependent buyer of films on grievance boards and the same situation in the zoning and clearance boards. "General approval of the personnel of the boards has been voiced, but lamentations also have been voiced that the makeup of the divisions of the board could not have been an even number of sellers of films to an even number of unaffiliated buyers of films, with the ultimate decision, if neces- sary, to an impartial man. "While every man labeled as an in- dependent is fortunately an indepen- dent in Michigan and, as far as we know, is not affiliated with M. P. T. O. A., the organization made up of af- filiated theatre owners, unfortunately they are in a tough spot because there are not enough of them to protect themselves and they are entirely de- pendent on the fairness of the affiliated and producer members if they hope to render equality. Fortunately, high type men have been selected in Michigan. "It is unfortunate that H. A. Har- rington was not selected as the fifth man on grievance instead of zoning, as his experience has been along this line with the Board of Commerce, I understand, but as far as Kenneth C. Weber is concerned, I never heard of him or who recommended him." Rosenblatt Approves Extras' Code Ideas Washington, March 9. — Interpre- tations of the code recommended by the extras' committee have been ap- proved by Division Administrator Sol A. Rosenblatt and will become effec- tive tomorrow. The interpretations include definitions of various types of extras and outline the wardrobe each class is expected to have. Any extra speaking atmospheric or other lines is to receive a minimum of $25 a day. Fifteen-dollar extras will be required to have full equipment of formal and sport clothes. Ten-dollar extras are to have smart and street clothes. Character extras to receive $7.50 are to have ordinary clothes, and miscel- laneous extras where no costume fit- ting or interview is required are to receive $5. Agents, State Confer Hollywood, March 9. — Ten lawyers representing agents met with the State Labor Bureau yesterday and voiced their opinions on how the state may regulate the agency situation. The meeting was at the request of Com- missioner Thomas Parker and his at- torney, Charles Lowry. Their reports will be taken under consideration, with a ruling expected later in the month. To Report on Vaude A report on the vaudeville situation is expected to be made to Code Au- thority by Division Administrator Sol A. Rosenblatt at Monday's meeting. At this meeting it is expected rules and regulations for clearance and zon- ing and grievance boards will be ap- proved. Sues Over Picture Philip A. Levine, an attor- ney, passed the Academy of Music on Feb. 22, 23 and 24 and says he saw a picture that resembled his own like- ness and that it placed him in "foolish position." Now he is suing Skouras Theatres Corp. for $15,000. His com- plaint says he was billed as a vaudeville actor. Theatre attaches were sur- prised when informed of the suit and said Levine's name was not used in any advertis- ing or lobby displays. "We never use phoney pic- tures of actors," it was ex- plained. "We get plenty of real ones." "In 1931 I ran for assem- blyman and had my picture taken in a theatrical studio," Levine said last night, "and they used this picture." Amity Sells French Rights to 2 Films French dubbing rights to "Stran- gers of the Evening" and "Murder at Midnight," Amity pictures which were formerly distributed by Edu- cational, were sold to William Fitel- son, attorney for Amity, during his recent European business trip. Amity retains no interest in the distribution of the French versions. While abroad, Fitelson also won the British censor board's agreement to reconsider licensing "Leftover Ladies" and "Morals for Women," which had been banned previously by the British board. Revisions in the pictures, also Amity properties, will be made. British distribution rights are held by Gaumont-British. Agents Are Told to End Some Practices License Commissioner Paul Moss of New York told members of the Na- tional Ass'n of Theatrical Artists' Representatives to discontinue alleged- ly unfair practices at a meeting at the Astor Thursday evening. The mem- bers amended their code of ethics as a result of suggestion from Code Au- thority and also adopted by-laws of the constitution. Detroit Mid-States Suit Up on Mar. 20 (Continued from page 1) Kane of the now defunct Mayfair, against the booking combine, charg- ing conspiracy to prevent them from buying film, have been coordinated and will be tried as companion cases. They are scheduled to come up in Circuit Court on March 20. M-G-M Files Appeal London, March 9. — Metro-Gold- wyn-Mayer Film Co., Ltd., has filed an appeal from the verdict awarding $125,000 to Princess Irena Youssou- poff on the ground that she was li- belled by "Rasputin and the Empress." Poster Renters Meet Poster renters from all parts of the United States met yesterday at the Lincoln behind closed doors. Another meeting is scheduled shortly. St. Louis Is Pleased with Board Names (Continued from page 1) sitting in on arbitration cases with no questions as to their fairness. Barney Rosenthal of Premier is the dean of local exchange men and is very popular. B. B. Reingold runs him a close second. Leto Hill of the St. Louis Amusement Co. and Lou An- sell, unaffiliated exhibitor, are also held in high regard. They make up the grievance board. All those questioned so far know four of the members of the clearance and zoning board — Maurice Schweit- zer of Paramount and Clarence Hill of Columbia, distributor representa- tives, and Fred Wehrenberg and Clar- ence J. Kaimann, exhibitors. Wehren- berg has been reelected year after year as head of the M. P. T. O., and Kaimann is regarded as an outstand- ing figure in the northern section of St. Louis. Clarence Turley is not so well known. Neither is Harold W. Evens, but he has a wide circle of friends who think highly of him. Say Objections to Spandau Impersonal Omaha, March 9. — Suggestions that J. J. Spandau, Universal branch manager here, be replaced on the local grievance board as an unaffiliated drs- tributor representative, were not in- tended as criticism of Spandau's quali- fications but were submitted with the intention of obtaining representation on the board for independent distrib- utors, it was made clear here today. Lester F. Martin and Calvin Bard, exhibitor representatives, authored the suggestion, advocating an ap- pointee from either Majestic, Capital or Mid- West film exchanges to re- place Spandau. No other dissatis- faction over Spandau's appointment has been voiced. Detroit Pickets Upheld Detroit, March 9. — Pickets for Sign Writers' Union No. 591, forced a month ago to abandon picketing the James Robertson houses, the Cinder- ella and Roosevelt, which they charge with hiring non-union labor, won a victory in a decision handed down by Judge Arthur J. Tuttle in Federal Court. Attorneys for the theatres obtained an injunction against the pickets while the suit was being heard. At- torneys for the union declared that making the injunction permanent would be contrary to the Anti-Labor Injunction Act of March, 1933. Judge Tuttle upheld the constitutionality of the act, dismissed the complaint and dissolved the temporary injunction. Appeal Stays Injunction Operation of Local 306's injunction against the I. T. O. A. has been stayed by the order handed down Tuesday by the Appellate Division of the Su- preme Court allowing the organiza- tion to appeal in the Court of Appeals from a recent decision of Justice Collins calling for the return of 55 men dismissed in 11 local theatres. Milton Weisman, I. T. O. attorney, so states. _. MOTION PICTURE DAILY Who? What? When? Fifteenth instalment in a biographical series on the men zvho make up the code boards. 4 Albany Albany, March 9.— H. C. Halli- gan, representing affiliated national distributors on the Albany grievance board, strode the boards in his early days. He was once a performer in minstrels and in stock and later sang illustrated songs when pictures first came in. From that estate, Halligan graduated into exhibition with a house at Green Island, happened to call it "The Daisy" and thereafter received that everlasting nickname. He was with Universal for five years in charge of the poster department, later was made manager when Albany was a sub-branch and figured in the incep- tion of the Hoy system out of which grew the Film Boards of Trade. Hal- ligan was first local president of the Film Board when the Hays organiza- tion took it over and extended the system. For four additional years, he was a booker for "U" and finally left the company to open an exchange for Columbia in this city. He remained there for one year and then shifted to RKO as salesman. This was on July 1, 1929. In November of that year, he was made manager and has so continued. Charles N. Johnston, representing unaffiliated distributors on grievances, is a Buffalonian, born and raised. He has been in show business practically all of his life and, as a boy and young man, filled the job of treasurer of the Teck in that city. The Shuberts ran the theatre which played "legit" attractions. This post kept Johnston busy for a couple of years when pictures became the vogue, he became manager of the Little Bijou Dream which he believes was one of the first film theatres in that city. Came a period when he worked as manager in a number of other Buffalo theatres and a salesman's job with Mutual in 1918 during which he sold the Chaplin two-reelers. In 1918, Johns- ton joined Fox as a salesman and became a manager two years later. From 1920 to 1922, he was a sales- man for Paramount in the city on Lake Erie's shores and then reverted to exhibition for the following two years. From 1925 to 1927 he was with Columbia as Buffalo city sales- man. He was promoted and trans- ferred to Albany as branch manager in 1930. In that post since and no changes. Nate Sauber, representing unaffil- iated distributors on clearance and zoning, is 35 years old less a handful of days. He was born in Syracuse on March 31, 1899, and was educated in grammar schools there and in Washington and in the Tech High School, Buffalo. He broke into the business in Buffalo 17 years ago as a shipper for Mutual and the follow- ing year joined K.E.S.E. there as booker and shipper. In 1919, he joined Goldwyn in Washington, again as a shipper and served as booker and salesmen at the time Goldwyn was absorbed by Metro. He then joined Universal in the same city. This was in 1923. After four years as a mem- ber of the selling crew, Sauber was made Universal manager in Washing- ton. He resigned in 1930 and rejoined the company six months later in Cleveland as a salesman. After four months in the Ohio terri- tory came a shift back to Washington in a similar capacity. On June 1, 1932, he was made manager in Albany, his current post. Louis Lazar, representing affiliated exhibitors on grievances, was born, raised and educated in New York City. He moved to Chicago in 1908 and from that period to the outbreak of the war made a special study of factory management and filled posts with various companies in that section as production superintendent and fac- tory manager. When the United States entered the European fracas, Lazar received a first lieutenant's com- mission, served overseas in 14 major engagements and was discharged with the rank of major of infantry. Fol- lowing his return to peaceful pursuits, he joined B. & K. as assistant man- ager of the Chicago and later became its manager. Then he managed a number of big, de luxe operations in the East for Publix and subsequently was transferred to the home office, supervising the de luxers in the East until March, 1929, when he resigned to join Warners in charge of Philadel- phia first runs and their state produc- tions. When the big Warner house on the Atlantic City boardwalk was ready, Lazar was tranferred to open it. Then he managed the Jersey di- vision, and since March, 1930, has been in charge of the circuit's activi- ties in Upper New York. He has all Warner houses in the state, except those in New York City. There are 10, seating 14,960: Albany (650 seats), Madison (1,400), Ritz (1,134) and Strand (1,943) in Albany; American (700), Lincoln (700) and Troy (1,980) in Troy; Avon (1,662), Utica (2,000) and Stanley (2,800) in Utica. Abe Stone, representing unaffiliated exhibitors on grievances, has been a showman since 1906 and during that period has run the gamut of jobs from operator up the line to manager. Stone has been in business for himself since 1920, formerly operating theatres in Schenectady and Albany, but now con- fining his activities to the Eagle (700 seats) here in Albany. He is presi- dent of the Allied Theatre Owners of New York, Inc., an affiliate of na- tional Allied. Judge Ashby C. Dickson, impar- tial member on grievances, is 50 and was born at La Garta, Texas. Fol- lowing his graduation from the law school of the University of Oregon, he formed a partnership with Ex-Governor Walter M. Pierce. For 19 months he was a circuit judge and at present is state senator from Multnomah County. Dickson has always been an ardent Democrat and continues to use as his slogan "Ideals and Democracy of Woodrow Wilson and Government." He has two hobbies — films and walking. Bert E. Haney, impartial member on clearance and zoning, is 53 and Shepherd Z. Baum, impartial member on grievances, is a well-known Albany attorney. Ralph Pielow, representing affili- ated national distributors on clearance and zoning, has been in the business for about 18 years, having gotten un- der way as a salesman for General Film in the Pittsburgh territory early in 1916. He became an M-G-M sales- man on Feb. 27, 1929, a special sales representative for the company on July 7, 1928, and a branch manager, his current post, on Nov. 4 of the same year. Charles W. Koerner, representing affiliated first runs on clearance and zoning, had no business experience prior to his entry into show business, but that goes back quite a time. It was in 1914 that he made his picture debut as an independent exhibitor in the Northwest. There followed an as- sociation in 1919 with Jensen and Von Herberg and six years with First Na- tional in charge of distribution in Port- land and Butte. In 1925, Koerner be- came part owner and general manager of the George Mann circuit in north- ern California, an independent group of approximately 20 theatres. The chain subsequently was sold to Hughes-Franklin Theatres in 1931, whereupon Koerner continued with Harold B. Franklin as personal rep- resentative. In the last couple of years he has been handling RKO houses in the Southwest. Now he is the boss of the upstate New York and New England divisions under Leslie Thompson and Nate Blumberg. RKO is pooled here with Chris Buckley. That arrangement includes the Har- manus Bleecker Hall (2,000 seats), Leland (1,200), RKO Palace (3,825) and RKO Proctor's (1,604), with Buckley as the operator. Under the title of the RKO Theatre Corp. Koer- ner has the Albany (900), Erie (1,500), RKO Plaza (2,314), RKO Proctor's (2,738), State (1,800), Strand (1,400) and Van Curler (350), in Schenectady; Griswold (1,120) was born in Yamhill County, Oregon, of the fourth generation of Oregon pioneers. His college education was gained at Willamette University; later he graduated from the Univer- sity of Oregon law school. He has been practicing in Oregon since 1903, and is noted for his conspicuous suc- cess, character and integrity. For some four years Haney was district attorney of Multnomah County. He was United States attorney for Ore- gon during the second Wilson Administration. He was chairman of the Democratic State Central Com- mittee 1910-1915, and for several years past has been a prominent member of the Portland Port Com- mission. Saturday, March 10, and RKO Proctor's (2,488;, in TrcJ In New England he has the Kei (3,600 seats; and Bijou Drear, (1,021) in Boston, and Keitrr' (1,697) in Lowell. In Maine: KeiH (1,600;, Portland. In Rhode Island Albee (2,314) and Victory (1,619;! in Providence. William Benton, representing ftrJ affiliated first runs on clearance an zoning, has been active in upptl New York exhibition for years and very well known. He makes his head- quarters in Saratoga, where he oi erates the 975 seat Congress, but ah has these houses: Capital (500 seats in Ballston; Majestic (740; and Rialt (500) in Cohoes; State (1,000) j Mechanicsville ; Strand (100) 't Pittsburgh, and Capital (750; i Whitehall. Charles F. Wilson, representii : unaffiliated subsequent runs on clea ance and zoning, operates the Bijo' a 400-seat theatre, in Troy. He is member of Allied Theatre Owners i New York, Inc. Fred W. Mausert, second exhil itor representing unaffiliated subs quent runs on clearance and zoning, a native of Albany where he was boi 48 years ago. He became an exhjb tor in 1913 when he and a parrri' purchased the Park, Glens Fal!, The enterprise met with such succe that seven years later Mause, became associated with the Rialto i that city in a building which h;' housed the World-in-Motion. 1., latter theatre was on the second flo and had no gallery, but after altej ations were completed and the nar changed to the Rialto, the theatre w one of the most modern in northe New York and with a larger seatii capacity than the Park was able accommodate larger crowds. By tl ' time Mausert was strongly establish j in the business and had made ma;, friends. In fact, residents of the ci say that one of the factors contributii to his success is his habit of meetii' his patrons. He is generally to ! found in the lobby greeting young as old and calling most of them by tin first names. In 1925 Mausert retir from the Rialto and, when the Fii Presbyterian Church decided to bu in a new location, purchased t church which was being vacated a remodelled it into the State. Laf he added to his holdings until n< he owns property on three streets Warren, Church and Berry — in I heart of the city, and is reputed be one of the largest individual ta payers in town. His property co:t prises nearly an acre. Mausert is' Rotarian, an Elk, a Mason and member of other organizations as w and is one of the best known residei of the town. The State has a seati capacity of about 1,000. Judge David Wanger is impart member on clearance and zoning. K.C. May Get NRA Bom Kansas City, March 9. — Kan: City may get a branch of the Misso] state NRA compliance board, whi has established headquarters in Louis. The board is to serve as appeal body and will handle dispu which individual industry code cq mittees are unable to settle, is i a Kansas City office will facilit code compliance machinery. Dickson a State Senator; Haney an Active Democrat Who are the impartial members on the Portland code boards? These thumbnail sketches supply the answer: I9>, The Leading Newspaper v:.. Motion Picture Industry MOTION PICTURE DAILY Alert, Intelligent Faithful Service to the Industry in All Branches rOL. 35. NO. 58 NEW YORK, MONDAY, MARCH 12, 1934 TEN CENTS Look for Code Soards to Get joing April 1 details to Be Cleared Within Two Weeks Clearance and zoning and grievance jards are expected to get started by pril 1, Code Authority states. With ?rsonnel of at least eight of 10 Dards expected to be announced to- »y, all that remains is the naming secretaries and approval of the liles manual. Personnel of the boards ill make suggestions for secretaries ithin the next two weeks and the athority will probably name them by iPril 1. r All boards will not start function- lg simultaneously. Some already ive had impartial members named, 'thers will have them appointed by ivision Administrator Sol A. Rosen- att today. Still others will be dele- ted later. Adoption of the budget nd provision of finances may hold (Continued on page 3) Code Revision Hearing Looked for During May Country's Leaders Invited by MPTOA Administrator Hugh S. Johnson, ostmaster General James A. Farley, rank Walker, executive secretary of le President's Recovery Council, and " ivision Administrator Sol A. Rosen- !iatt are among the public officials ho have been invited to attend the T.P.T.O.A. Hollywood convention, pril 10, 11 and 12. \ Others who have been invited are [enator William G. McAdoo and enator Hiram Johnson of California id Mayor Rossi of San Francisco. ' ."ill Rogers has been asked to pre ' de as toastmaster at the convention ^anquet. Vo Arbitration Yet In Milwaukee Fight I Milwaukee, March 11. — Efforts of Uarry Bragarnick, unaffiliated arbi ator, to effect a reconciliation be- veen exhibitors and members of the shers'. cashiers' and doormen's union (Continued on page 6) 4. P. Club's Roster Over the 200 Mark New membership in the M. P. lub passed the 200 mark Saturday ith the approval of applications ringing the total to 204 members, he initial membership list in the re- (Continued on page 6) Trio of Board Nominees Stir Up Opposition Charles C. Moskowitz, of Loew's ; Harry Brandt, president of the I. T. O. A., and Lee Ochs, independent cir- cuit operator, may rind the local clear- ance and zoning and grievance boards setup without their names on either of them. Opposition to the three men has been presented to various members of the selection committee. Whether the men will be placed on the boards may be decided this morning when the committee goes into session to name the remaining 10 boards, including Boston. San Francisco, Philadelphia and Washington. Protests against Moskowitz are said to have such a bearing on the Loew executive that the committee may have to call on a Publix man. possibly Boris Morros. to represent local cir- cuits. Objections to Ochs have also (Continued on pane 3) Nova Scotia Film Stir Busies Cooper Toronto, March 11. — A religious uprising against films in Nova Scotia has caused Colonel John A. Cooper of the M. P. Distributors' Ass'n. to depart for Halifax where he will spend a week discussing complaints with clergy and church organizations who have assailed film standards and have demanded that the government prohibit admission of juveniles to all theatres. Who? What? When? Sixteenth instalment of the biographies of the men who make up the code boards will appear in an early issue. Jersey Code Bills Facing Senate Fight Tkenton, March 11. — Considerable opposition has formed in the Senate to the legislation strengthening the State Recovery Administration codes, which carry the possibilities of heavy assessments for exhibitors and other theatrical interests. The bills are slated for final action in the Senate tomorrow night unless the opposition succeeds in blocking them. Under the legislation, state and national assessment costs are possible, thus levying a heavy administration burden for theatres. Efforts were made in the Assembly to amend the (Continued on pape 3) Smaller Spots Pick Up Near Cincinnati Cincinnati, March 11. — Smaller sit- uations through this territory are be- ginning to show definite signs of re- turning prosperity. Many silent (Continued on pape 3) Theatres Reopening In Southern Towns Memphis, March 11. — Theatres in this territory are reopening and re- equipping so rapidly that local film (Continued on pape 3) K. C. Watches Test Case on a Premium Kansas City .March 11. — Because similar tieups with merchants are fre- quent in this territory, exhibitors are keenly interested in the outcome of a test case in which the U. S. Govern- ment is prosecuting Rufus H. Limnp. operator of a filling station at King Citv, Mo., for giving theatre tickets with the sale of gasoline and oil. Limpp is under indictment by the Federal Grand Tury on a charge of violating the NRA fair practice code (Continued on page 3) Gary Council Names Amusement Board Gary, March 11. — The City Coun- cil has passed an ordinance for the control of amusements by a board of three members which, in addition to carrying out the enforcement of amusement ordinances, will also in snect all films not approved by the National Board of Review. Members of the board serve two years without (Continued on page 6) Shifts in Board Setups Said to Be Among New Proposals Reopening of the code for general public hearings and possible changes is understood slated to take place in Washington around the middle of May. During a gathering of all Code Authorities held in the capital last week, no phase of the picture industry was touched upon, although Execu- tive Secretary John C. Flinn submitted a report and briefs were filed by the Hays organization and Allied. When the public hearings are held, it is understood several changes in the setups of clearance and zoning and grievance boards will be sought. One of the changes sought by independent groups is an increase in the combined memberships of boards in each zone from 10 to 12. All independent exhibitor organi- (Contimtcd on pape 3) About 90% of Code Forms in Saturday Approximately 90 per cent of the total assents expected were received by Code Authority by Saturday. The deadline for postmarked compliances was Saturday at midnight and more assents from all parts of the country are expected to dribble in this week. More than 9,000 signatures of ap- proval were on hand and this repre- sents practically all competitive spots. Non-competitive exhibitors are not expected to send in assents, inasmuch as it is felt they have no zoning problems or grievances which would necessitate calling upon Code Author- ity for assistance. According to latest estimates, there are between 13,000 and 14,000 theatres (Continued on page 3) Censor Board Under Attack in Portland Portland, March 11. — After a num- ber of years of turmoil both within and without the ranks of the censor board, indications now point to its abolition. The board was created as an advisory body for the council some dozen years ago and was also given powers of its own. The board includes five members. Two are named by the City Council, one by first run houses and one by (Continued on page 6) MOTION PICTURE DAILY Monday, March 12, 193 MOTION PICTURE DAILY (Registered U. S. Patent Office) Vol. 35 March 12, 1934 No. 58 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 o£ 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- CAGO AN. Hollywood Bureau: Postal Union Life Building, Vine and Yucca Streets, Victor M. Shapiro, Manager; Chicago Bureau: 407 South Dearborn Street, Edwin S. Clifford, manager; London Bureau: 6 Brookland Close, Hampstead Garden Suburb, Bernard Char man, Representative; Berlin Bureau: Berlin-Tem- pelhof, Kaiserin-Augustastrasse 28, Joachim K. Rutenberg, Representative; Paris Bu- reau: 19, Rue de la Cour-des-Noues, Pierre Autre, Representative; Rome Bureau: Viale Gorizia, Vittorio Malpassuti, Representative: Sydney Bureau: 102 Sussex Street, Cliff Holt, Representative; Mexico City Bureau: Apartado 269, James Lockhart, Representa- tive; Glasgow Bureau: 86 Dundrennan Road, G. Holmes, Representative; Budapest Bureau: 11 Olaaz Fasor 17, Endre Hevesi, Representative. 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. Buffalo's Variety Club Is About Set Buffalo, March 11. — The charter of the Buffalo Variety Club will be closed at a dinner meeting tomorrow evening, when a slate of officers and directors will be submitted by the organization committee and elected. Membership will be limited to 75. Dave Miller, manager of the Buffalo Universal exchange and president of the Buffalo Film Board of Trade, is chairman of the organization commit- tee. Applications for membership have been received from prospective barkers as far distant as Elmira. Columbia Party Draws Columbians and their friends turned out more than a thousand strong for their annual party Saturday night at the Waldorf Astoria, and the dancing, interrupted by a long series af acts, continued well on into the morning. Music was furnished by Ozzie Nelson and his band. Harry Hershfield, Julius Tannen and Milton Berle shared honors as toastmasters. Lux Succeeds H olden Elmer Lux replaces James Holden as manager of the Buffalo First Divi- sion, exchange. Holden's resignation becomes effective today with Lux taking over the new assignment im- mediately. Rogers Silent on Plans Hollywood, March 11. — Charles R. Rogers refuses to reveal his new dis- tribution plans. He says he will make an announcement at the spring con- vention of his new distributor. Insiders' Outlook p\ELAY in naming the Phila- delphia grievance and clear- ance and zoning boards, the last to be settled by Code Authority, resulted from circumstances — some amusing — which produced four complete and separate slates of nominees for the two boards. The first was presented by Har- old Bareford, alternate for Harry M. Warner, and was unsatisfac- tory to John D. Clark, Sidney Kent's alternate. Clark there- upon submitted his own list of nominees. There was a division of opinion on this slate as well and, in an effort to break the dis- tributors' threatened deadlock, Ed Kuykendall, exhibitor representa- tive, submitted a slate which had the approval of a majority of exhibitors in the Philadelphia territory. . . . T This slate, however, was ob- jected to by Nathan Yamins and Charles L. O'Reilly, also ex- hibitor representatives. Yamins brought in his own list of recom- mendations, and this, too, met with objections. After weeks of mulling over the four slates, agreements were reached on all but two nominees. One was objected to for a place on the grievance board because of an outside activity in connection with a premium concern, and the other because of his policy of offering a number of separate amusement programs for a single admission at his seashore resort enterprise. And so into all the days to come. . . . T Warners are grim about the St. Louis situation. Say they : the equity in the Missouri, Am- bassador and Grand Central runs into millions, maybe five of them ; it stands a swell chance of being wiped out under the F. & M.- Koplar arranged deal. Behind the lease on the Shubert Rialto is a determination to fight through on all of this business, which explains why, aside from their own film, the Warners have swung their national buying power into play with another major line heading into their camp, if not in it already. With the Fox and St. Louis doubling already, Warner sympathizers say F. & M. are destined to run shy of pictures for the about-to- be-annexed three theatres. Nice fun, if someone isn't burnt. . . . The directorial touch which is Frank Borzage's is all over "No Greater Glory" at one time. A yarn about a bunch of kids, in- culcated war spirit, what happens thereafter and all beautifully told. It's the sort of thing that hammers hard at your heart- strings and stays with you after the final fade-out has had its say. Away out in front is George Breakstone, a youngster who is a miniature Sterling Holloway in appearance. It is George's first performance and a remarkable one. Those who have almost all to say about bookings at the Music Hall are in doubts about giving the picture a date. Why. isn't clear. "No Greater Glory" is far ahead of many attractions which have played there minus, as it is, love interest, Busby Berkeley dance formations and sex panting for expression. . . . T The break between Charlie Rogers and Paramount has come finally. You can't dub it a sur- prise ; been cooking too long. Surprising, however, it would be to learn he has gone over to a major company which, for years now, has taken on no outside pictures. This is the cue to do your own figuring. ... A cer- tain executive is on the hot seat and finds the contact a trifle un- comfortable. His operating tech- nique, sayeth the grapevine, has caused considerable resentment in important quarters. . . . Ger- many has its anti-Semites who would nationalize the drama by excluding the worthwhile "Cathe- rine, the Great" because Eliza- beth Bergner happens to be Jewish. America has its Repre- sentative Dickstein who would keep out of the country foreign artists because American hams need jobs. The scales of justice, eh ! . . . KANN Pathe "A" Down % on Big Board High Consolidated Film Industries 4% Consolidated Film Industries, pfd 16% Eastman Kodak 89 Fox Film "A" 147% Loew's Inc 32% Paramount, cts 5 Pathe Exchange 35^ Pathe Exchange "A" 191X RKO 35/« Loew and Warner Bonds Gain Loew's 6s '41. ww deb rights 96 Paramount Publix 5^s '50 45}/, Warner Bros. 6s '39, wd 551^ Net Low Close Change Sales 47% + M 300 16% 16% - % 100 89 89 200 147% 147% + % 100 nys 32 + V2 1.500 47% 47% 100 354 700 19 19 - u 100 3% 3H + % 100 s Gain % Net Low Close Change Sales 96 96 + A 4 45'A 45'A 2 5S'A ssy2 + V* 3 "Will get terrific word-of-mouth ex- ploitation." — M. P. Daily. You'll | sit speechless with deep emotion as 1 Frank Borzage's "NO GREATER GLORY" enfolds you in its magic j spell. Based on Ferenc Molnar's , great novel. 1 The star of a hundred plays and pictures in a production worthy I of his great talents! JOHN J BARRYMORE in "20th Century," I with Carole Lombard, Walter j Connolly and Roscoe Karns. A j J Howard Hawks Production from f I the Broadway smash by Ben Hccht "/ and Charles MacArthur. Monday, March 12, 1934 MOTION PICTURE DAILY 3 Looking 'Em Over "No More Women" (Charles R. Rogers P rod-Paramount) In which the Quirt-Flagg business launched in "What Price Glory?" and kept going, naturally and otherwise, since, continues. This time, the rowdy tactics of Victor McLaglen and Edmund Lowe take place above and below water. Both of them are deep sea divers, working for a salvage ship. They are rivals again, professionally and amorously as well with complications a la rough house that reach out for and get a number of laughs. Under the waves, they battle it out for sunken gold. Above them, they battle for warm lips and quivering hips. The gold hunt brings better results. Acting is just about what might be expected on the basis of earlier pictures in the McLaglen-Lowe series. The former yells and makes plenty of noise ; the latter smirks and drops wisecracks loaded with double meanings. Sally Blane and Minna Gombel are the women in the case. "No More Women" aims at the region where the belly laughs begin and stays in that general neighborhood all the way. KANN "No Funny Business" (F. P. I., British-Frank D. Ferrone) This is poorer than average entertainment in spite of a story that has excellent possibilities as sophisticated comedy and in spite of its hand- some settings and good photography. The fault lies with a clumsy adaptation of a clever idea and with inexpert direction. The results are amateurish. Situations that might have been made to click in highly entertaining fashion fall flat. Poor sound recording is aggravated further by the accents of the English cast, and result in making a large portion of the dialogue unintelligible. Two good song numbers, "No Funny Business" and "Just One Kiss," are introduced for no other apparent reason than the determination to have them sung. They succeed in further retarding a slow-paced picture. The cast features Gertrude Lawrence, Jill Esmond, Laurence Olivier and Edmund Brion. Miss Lawrence and Brion, husband and wife, attempt to patch up a rift in their otherwise happy marriage by hiring co-respondents with whom each plans to be seen by the other at a Cannes hotel. Jealousy resulting from this situation is expected to effect the reconciliation. A mix-up occurs, however, and Miss Lawrence and Brion end up in the same hotel suite together, while the co-respondents, Miss Esmond and Olivier, mistake each other for the unhappy husband and wife and also end up in the same suite. The result is not only the desired reconciliation of husband and wife but the start of a romance between the two co-respondents as well. Code Revision Hearing for May Expected {Continued from pane 1) ations will be asked to be represented t the reopening of the code sessions o that they can present opinions and ingestions for alterations. Washington, March 11. — Although ublic hearings probably will be held ,-hen the code is reopened to provide br changes now under consideration y the Code Authority, no considera- k>n has yet been given the matter, it las stated at the NRA. So far as could be learned, no wide- pread revision of the code is being unsidered, nor would such action be ndertaken, it was indicated, until a jnger period of actual operation nder the agreement has elapsed and xperience discloses a definite need •>r rewriting. Uxmt 90% of Code ?orms in Saturday (Continued from page 1) jtw in operation. In situations where absidiaries or theatre companies are receivership or bankruptcy, assents &ve been delayed because trustees ad receivers must secure court oproval for compliance forms. "heatres Reopening In Southern Towns (Continued from par/e 1) ,pply houses are having difficulty in Ipplying their demands. Arthur de Stefano of National The- re Supply Co. reports at least 20 w houses opened in recent months Mississippi, Arkansas and Tennes- and a like number installing new uipment. "The past four months have shown a business more than 60 per cent tter than the same months a year o," he said. "Business is better Ion it has been in several years." | Among the theatres re-opening are liny old silent houses, shuttered since 1: talkies first came into importance, lie of these, the Amusu, at Mead- He, Miss., was leased only last week the McGehee brothers of Bude, I ss., and was reopened with com- j te new sound equipment. mailer Spots Pick Up Near Cincinnati (Continued from page 1) :ises are either being wired and re- ■ned, or are obtaining figures on ind installation. Jonditions throughout the West "ginia coal region are reported as musing. Coal miners who have n paid in scrip since 1929, redeem- e at the company's commissary, now receiving actual money, and are ting it into circulation for amuse- nts as well as commodities. leport 13 Open in Ohio Cincinnati, March 11. — There e been 13 houses reopened in the icinnati trade territory this year, ording to the Film Board of Trade. Look for Boards To Get Going Apr. 1 (Continued from page 1) up the actual functioning of the boards, however. Most boards will be set up in film center buildings. The New York boards will most likely be set up in the Film Center building. Locations from all cities are already in hand and awaiting approval by the authority. Up for discussion today by the authority are : Unfair radio competi- tion with free shows, a report on the vaudeville situation, naming of the 10 local boards in addition to replace- ments for men resigned, approval of the fire prevention manual, finances and budget. W. Ray Johnston will preside and J. J. Unger will act as temporary alternate for George Schaefer. The rules and regulations for the boards will be discussed but are not expected to be approved today. Marquis Busby Dead Los Angeles, March 11. — Marquis Busby, film critic, is dead here from scarlet fever. He was 31. Trio of Nominees Stir Up Opposition (Continued from page 1) caused the committee to give his name further study. Brandt is said to have against him an alleged breach in the code. This is reported to be a distribution of passes reputedly under the guise of an advertising courtesy which tended to reduce prices. This was ordered stopped by Division Administrator Sol A. Rosenblatt. Brandt says he carried out the order. While it is hoped the 10 men for this territory will be named today, doubt exists in some quarters. The committee was to have met last Friday to mull over the names and carry over until Saturday if neces- sary. The meetings were not held, but, instead, will take place this morning prior to the general Code Authority session this afternoon. "Hollywood Party" Set Hollywood, March 11. — After a series of title changes on "Hollywood Party," M-G-M has finally decided to call it "A Hollywood Party." Jersey Code Bills Facing Senate Fight (Continued from page 1) bill removing the dual assessment fea- ture, but it was not successful. Senator Joseph G. Wolber, sponsor of the original state recovery act, will move the new code bills, Assembly 15 and 16, in the Senate as they originated in Essex County. Reports are Senator Wolber will insist on an amendment eliminating possibility of dual assessments. He also is con- cerned over a check on price fixing, which appears unlimited in the act at present. Although the bills have been re- ported from committee, Senate Ma- jority Leader William H. Albright of Gloucester County is known to be opposed to them. Senator Albert C. Woodruff of Camden also is opposed. Belief is efforts may be made to re- commit the bills, a move that would eventually sidetrack them for the ses- sion. Other opponents of the program believe the solution is to defeat As- sembly 16, the $28,000 appropriation bill for the state recovery administra- tion. By cutting off the funds, these legislators would nullify the regula- tory work. A strong factor in the opposition is word from Washington that state codes are an impediment to the Federal NRA program. Federal authorities would prefer enactment of a model act providing state enforce- ment of the Federal codes for purelv intra-state business. The billboard legislation, Senate 98 and Assembly 316, is not scheduled for action this week. The measures would increase the state tax on bill- boards and result in higher rates for theatrical advertising. Opposition of the theatrical business has been made known to the lawmakers. K. C. Watches Test Case on a Premium (Continued from page I) for the petroleum industry, which bans premiums and special induce- ments. The indictment is a direct result of his giving as a premium, with the sale of $5.72 in gasoline and oil to a customer, a ticket to the Lucille Theatre at King City, oper- ated by H. Danbury. The theatre received the actual price of the tickets given out. The theatre owner is not involved in the case, which, it is understood, was ordered by Attorney General Cum- mings as a test of the petroleum code. IMPPA to Fete MPTOA Hollywood, March 11. — The I.M. P.P. A. is laying plans to fete the M.P.T.O.A. conventioneers at a wild west show and barbecue. Trem Carr has appointed Sam Wolf, I. E. Chad- wick and Ken Goldsmith a committee on arrangements. Operator Hearing Put Off Hearing before the Board of Alder- men on a bill which would provide for an operator for each piece of ma- chinery in projection booths has been postponed for two weeks. Universal gives you another great love story by the writer of "Show Boat" and a dozen other successes . . . Prepare for a BIG one in this story of a woman who loved two men — but who loved glamoureven more! ew&t i With CONSTANCE CUMMINGS PAUL LUKAS Philip Reed, Joseph Cawthorn, Doris Lloyd, Alice Lake and many others. Directed by WILLIAM WYLER. Presented by Carl Laemmle. A B. F. ZEIDMAN PRODUCTION. MOTION PICTURE DAILY 4 Purely Personal ► CLAUDE PARKER, former Buf- falo exhibitor and now owner of a 100-acre island in Chesapeake Bay, is tempting George Mead, general man- ager of Standard Ticket Register, with a fishing invitation. Mead ex- pects to accept before he departs for Europe next month. Agnes De Mille, daughter of Wil- liam C, who has been dancing on the London stage, arrives in New York tomorrow aboard the Paris on her way to the coast to make her screen debut in "Cleopatra,'' which her uncle, Cecil B., is producing. Ben and Jack Gkeenberg, who op- erate the Congress, Bronx, have opened a liquor store adjacent the the- atre. If the picture business goes bad, the brothers can depend on the over- the-counter customers. Harry Buxbaum says Phil Reis- man may have brought back a bottle of 1811 cognac but that the bottle was empty by the time Phil had reached these shores. Moe Streimer, local U. A. mana- ger, is limping as a result of an acci- dent at Utica last week. Streimer slipped on the ice as he was entering a cab. Jack Cohn plans a week or 10 days away from pictures. Wants to sleep and golf and figures on getting going Saturday. S. A. Lynch is recovering rapidly from his recent illness and is expected back from Florida in about 10 days or two weeks. Stanley Neal and Miss L. Poul- ter, British producers and representa- tives of M-G-M in London, have ar- rived at the Warwick. W. Ray Johnston, who has been in Atlantic City on matters pertain- ing to the Monogram convention next month, returns to his office today. George Schaefer and Sam Dem- now, Jr., are scheduled to be back at their desks today from Florida vaca- tions. Dr. Julius Klein, advisor to Para- amount Publix bondholders' protective committees, is vacationing in Florida. Damon Runyon's Collier's story, "Princess O'Hara," has been pur- chased by Carl Laemmle, Jr. Chester Morris, who has been here acting in "Frankie and Johnnie," re- turned to Hollywood Saturday. Howard S. Cullman is due back from Bermuda today, when his vaca- tion ends. Harry Gold expects to leave on another tour of U. A. exchanges within the next few days. Charles S. Belden's story, "Fif- teen Wives," has been sold to In- vincible. Hal Forrest's comic strip, "Tail- spin Tommy," has been sold to Uni- versal. Pandro Berman has closed a deal for the screen rights to Walter Hackett's play, "Afterwards." Charles Marshall's "In the Clouds" has been bought by Radio. Sam Sonin is ill and confined to his home these days. Willard McKay, Universal legal representative, is vacationing at Miami. Will H. Hays is expected back from Florida late today or tomorrow. Gary Council Names Amusement Board (Continued from page I) pay and may not hold any other public office. New city ordinances prohibit fan or skirt dances and dances for which transparent clothing is worn. Perfor- mances advertised "for men only" or "for women only" are banned unless approved by the Board of Health as "scientific education." Endurance con- tests, defined as any lasting more than 12 hours, are prohibited unless ap- proved by the council's new amusement board. Penalty for violations is a fine of not less than $25 or more than $200. The ordinances are expected to curb walkathons and marathons and elimi- nate beer gardens and pool halls as places of theatrical presentations. M. P. Club's Roster Over the 200 Mark (Continued from page 1) organized club includes virtually every ranking executive in the indus- try, according to directors of the club. Following the reorganization period a substantial initiation fee is to be levied. At present, dues are fixed at $75 per year and no initiation fee is in force. "No Ransom" New Title Hollywood, March 11. — The title of M. H. Hoffman's "The Quitter," top-spotting Jack La Rue, Leila Hyams and Phillips Holmes, has been changed to "No Ransom." The story- is an adaptation of Damon Runyon's "The Big Mitten." Set More "Goofy Movies" Hollywood, March 11. — M-G-M will produce a third series of two- reel shorts titled "Goofy Movies" with explanatory remarks by Pete Smith. Jack Cunningham will super- vise. "Scandals" Opens Mar. 20 Philadelphia, March 11. — "George White's Scandals" will play here as a roadshow, reopening the Locust Street under A. R. Boyd's direction on March 20. M-G-M Signs J. M. Cain Hollywood, March 11. — James M. Cain, author of "The Postman Al- ways Rings Twice," has been signed by M-G-M to do the adaptation. Jeanette MacDonald will be featured. Monday. March 12, 1 93* No Arbitration Yet In Milwaukee Fight (Continued from page I) and prevent closing of all loca theatres March 15 have proved un availing. Fred S. Meyer, president of th M.P.T.O. of Wisconsin and Uppe Michigan, Inc., issued the followin. statement in connection with th strike: "For the first time in theatr history here, all theatre owners an operators have joined together col lectively to iron out the question c 'what is wrong with the theatre bu.ci ness.' We have agreed that the bi trouble is outside interference in con ducting our business and the usher: strike is but a minor matter in thi controversy." A shutdown of local theatres woul cut off $8,000 weekly in salaries t operators alone, it was stated. Usher and doormen who are seeking a increase from the 25 cents an hoi for a 40-hour week continue to pickt the Warner and Wisconsin theatre here. Censor Board Under Attack in Portlam (Continued from page 1) the second runs. These four name fifth. The board also has 30 viewer i Exhibitors may refuse to accept ; verdict of the board. The counc then sees the pictures and makes ill own decisions. In practice th system is claimed to have made mess of things. Where an importai picture is at stake exhibitors appea The discussion serves to advertise tf picture. When the issue is unimpoi taut the board's decisions oft€ become factional. Cummings to Travel Hollywood, March 11. — Upon con pletion of her role in Universal "Glamour," Constance Cummings ar her husband, Benn W. Levy, wi leave for New York and will sj for England. She will appear in stage production in London. Le\ will write for Alexander Korda. Para., Toledo, to Piatt Toledo, March 11.— The Par; mount, a B. & K. operation, her after will be under divisional supe vision of Nate Piatt, whose jurisdi tion will extend to the Orient; Chicago, and the Royal and Newma Kansas City. Piatt formerly vr. supervisor in the Detroit sector. Writers' Split Widens Hollywood, March 11. — The sp in the Writers' Guild is growii wider daily, with liberal and conserv tive factions lining up members present opposition tickets for office and revision of by-laws at an ear election. Fox Changes a Title Hollywood, March 11. — "Change Heart" is the latest title for the ne Gaynor-Farrell picture from Fox. had been announced as "The World Ours." Smoke in His Eyes... but it doesn't blind this exhibitor to the fact that he owes it to himself and his business future to go to the MPT OA Convention in April. <* He realizes it is important for him to discuss things with those who have the same problems as he has in these days of NfRA and Industry Code; Yes, sir, he'll write M P T O A National Head- quarters in New York for all the dope . . . and maybe he'll take the wife along. She'll enjoy the social functions, too. The Leading d|Jy ~~ sNewspaper" <*the MoticM Picture Industry MOTION PICTURE DAILY Alert, Intelligent and ;i Faithful Service to the Industry in All Branches L. 35. NO. 59 NEW YORK, TUESDAY, MARCH 13, 1934 TEN CENTS >eny Friction )ver Cuts By Cansas Board change Heads Decry Film "Strike" Talk ansas City, March 12. — Denying any serious friction has occurred ittn distributors and the Kansas or board, representative exchange :utives here say they know of no erted move by distributors to hold films from the state, thus pre- ating a general theatre "strike" irotest against the censors' dele- rther, it is said no knowledge ex- that Governor Landon has in- ted the state board to use scis- on scenes showing excessive use (Continued on page 3) eviews Starting Many Coast Triples ollywood, March 12. — Comneti- for previews is becoming so ■us among neighborhood exhibit- that a total of seven within the limits of Los Angeles are now ing and featuring triple bills. ators of the "triple" houses take attitude that if the larger neigh- Dods are now running double bills * with previews, they too must this competition by going triple o keep their customers. G-M to Sell U. A. List in So. Africa G-M and United Artists have Id contracts whereby the former distribute in South Africa all of Jitter's product next season. The s were signed by Arthur Loew I-G-M and Arthur W. Kelly for The deal includes Walt Disney fete. Attenshun! Cincinnati, March 12.— It's )lonel James R. Grainger >w. He arrived here a civil- it today and found a com- mission from Governor Ruby iiffoon awaiting him at the niversal exchange. Paul ,'ieger, local manager, was i blame. The Sam Brown belt and tties will have to wait until gets back to the home n tailor shop at Belle rbor, L. I. 28 Impartial Men Will Be Named Today 6 of Last 10 Boards Also To Be Announced Impartial members for 28 clearance and zoning and grievance boards and the personnel of the San Francisco, Boston and Washington boards will be announced today by Code Author- ity. This will leave New York and Philadelphia set-ups as well as the Minneapolis impartial members to be approved at the next authority meet- ing, March 21, when George J. Schaefer will preside. Complete boards including impar- tial representatives have been made public for Albany, Atlanta, Chicago, Cleveland, Milwaukee, Buffalo, Den- ver, Pittsburgh, Salt Lake City, Char- lotte, Detroit, New Orleans and (Continued an parte 3) Philadelphia Union And Warners Dicker Philadelphia, March 12. — New wage contract negotiations between Warner theatres here and Local 19,- 190. Theatre Ushers and Doormen's Union, are scheduled for discussion here this week. Possibility of a gen- eral strike order being issued by the union in the event of a refusal by the circuit to negotiate a new contract was voiced by John J. Slavin, presi- dent of the local. The new union, affiliated with the A. F. of L., claims 600 members in Warner theatres in this territory. The (Continued on parte 3) Mascot to Make 20 Feature Productions Mascot Pictures Corp. plans to go in for feature production in a big way during 1934-1935, it was said yester- day by Nat Levine, president. Twen- ty are scheduled. Included are eight (Continued on page 3) Who? What? When? Sixteenth instalment of the biographies of the men who make up the code boards appears on page 6 today. Los Angeles Getting Set For MPTOA Los Angeles, March 12. — Both Los Angeles exhibitors and distributors have swung into action to lay plans for welcoming and entertaining visit- iner delegates to the forthcoming M.P.T.O.A. convention next month. Committees under the general chair- manship of Ben Berinstein have been appointed and work has already be- gun to make this one of the mpst pretentious exhibitor conventions yet to be held in this city. Committees appointed are : General — B. N. Berinstein. chairman; R. D. Whitson, George F. Brcmlev, Arnold Shaak, H. W. Chotiner. George L. Hanes. Harrv H. Hicks. Russell (Continued on parte 7) Fox Lining Up Six Musicals Next Year Hollywood, March 12. — Despite the impression that musicals would be reduced in number by major pro- ducers next season. Fox has six planned for the 1934-35 program. These include : Winfield Sheehan's "Follies," now nearing completion : Jesse L. Lasky's "Red Heads on Parade" ; "Gypsy Melody." starring Charles Bover : "Scram," starring Toe Cook; "Music in the Air," and a Harlack-Romberg all-star original. St. Louis Protests On Any New Houses St. Louis, March 12. — Formal pro- test has been sent to H. M. Warner against any new theatre construction (Continued on page 3) David Harum " Big Draw Of Week in 3 Key Spots "David Harum" was the big noise last week in some of the principal key centers. In Cleveland, Detroit and In- dianapolis it took a total of $37,500, doubling and tripling averages. "Spitfire" stirred up some excite- ment in Chicago with $27,000, and "Queen Christina" gave a good ac- count of itself in Detroit. "It Hap- pened One Night" continued to be out- standing, doing a fine business in De- (Continued on page 8) Buying Co-op For New York Bruited About Independent Men Talking About 300 Houses Attempted several times before in local affairs and reminding of the cooperative fostered by Aaron Sa- piro several years ago, Greater New York independents are discussing again the advisability of massing their buying power. The move is aimed at Loew's and RKO, the two most pow- erfully entrenched local circuits, but this time takes another angle as well. While any such step would be con- strued by the majors as a move against the two big New York cir- cuits, independents interested declare their primary interest is to be en- abled to buy first run pictures which will take care of their needs. If, (Continued on page 3) Silent Film Rights Up in Coast Court Hollywood, March 12. — Whether or not the purchase of a story for motion pictures before the era of sound entitles the buyer to produce the plot as a talking picture was a question that reached Superior Court here when Sol Lesser named Harold Bell Wright defendant in the case of (Continued on page 3) Vancouver Picture Concern Collapses Vancouver, March 12. — With lia- bilities of $52,000 and negligible assets Commonwealth Productions, Ltd., film company which some months ago set up studios near Victoria, and there produced two pictures, has gone into bankruptcy. Among creditors is Kathleen Dunsmuir Humphreys, form- erly of the London musical comedy (Continued on page 3) Ifs Oatmeal Now Children will get their serials mixed. After Julius Charnow, vice- president of Allied of N. J., took his six-year-old daugh- ter to a show, he asked her what films she had seen. She answered: "Take a Chance and oatmeal." The oatmeal referred to was "The Perils of Pauline." MOTION PICTURE DAILY Tuesday, March 13, 19 MOTION PICTURE DAILY (Registered U. S. Patent Office) Vol. 35 March 13, 1934 No. 59 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. Clifford, manager; London Bureau: 6 Brookland Close, Hampstead Garden Suburb, Bernard Charman, Representative; Berlin Bureau: Berlin-Tem- pelhof, Kaiserin-Augustastrasse 28, Joachim K. Rutenberg, Representative; Paris Bu- reau: 19, Rue de la Cour-des-Noues, Pierre Autre, Representative; Rome Bureau: Viale Gorizia, Vittorio Malpassuti, Representative: Sydney Bureau: 102 Sussex Street, Cliff Holt, Representative; Mexico City Bureau: Apartado 269, James Lockhart, Representa- tive; Glasgow Bureau: 86 Dundrennan Road, G. Holmes, Representative; Budapest Bureau: 11 Olaaz Fasor 17, Endre Hevesi, Representative. 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 Daily's Year Book Out for 1934 The 16th edition of the Film Daily's Year Book appeared yesterday, bound in dark green imitation leather and containing 1,056 pages of detailed in- formation about all branches of the business. A new feature this year is a section devoted to "Birthdays and Birthplaces." Code information is brought up to date. The code is printed in full, and in a section on legal decisions com- piled by Herbert T. Silverberg, Buf- falo attorney, some recent code angles are included. Title lists up to date include 13,905 names of features from 1915 through 1933. The accomplishments of various talent divisions include directors, writers, adaptors, dialogue writers, editors, cameramen, recording engin- eers, dance directors and song writers. There is a mass of information on the new setup of theatre circuits, lists of publications, a section devoted to the 10 best pictures, information on the S.M.P.E., other organizations and the legitimate stage; important 1933 ex- ploitation stunts, financial setups, lists of equipment dealers, and information about the foreign market. Considerable color work has been used for some departments. — J. M. J. Off A LL things being relative, national circuit operators sit comfortably on their haunches patting their paunches these March days. For, just one year from date, the nation was passing through the unique experience of endeavoring to conduct its normal life with every bank in the country pad- locked. What happened to theatre business is something nobody likes to look back on. It becomes pleasant to report, therefore, that between last week, this week and next, these men whose daily reports tell them what's going on in box-offices declare business is up almost 40 per cent. You understand what this is : Forty per cent ahead of the same days of 1933. How much as compared with those misty days of 1929 might be a fair question. Only it is not because those who look for a return of that mad era for some time to come are few ; also far between. Viewed nationally, all grosses are up somewhere between 12 and 15 per cent today by comparison with the identical period of last year. Those receipts have some distance yet to go before "the good old days" are to be mentioned with the days under the New Deal. The fact that there is an increase at all, how- ever, is not to be thrown over the shoulder. You'd be surprised at the number, and the importance as well, of important film executives who are humble now and thankful for small favors. W, HAT is solid opin- ion throughout the country talking about ? Here in New York and certainly in Hollywood there is apt to be too much self-complacency, too much self-satisfaction in affairs celluloid and much too little con- cern over what important factors in molding public opinion reflect and talk about. In the last couple of months, for example, the hue and cry within the industry against what ought to constitute inoffensive entertainment without going Pollyanna seems to have died away. Not so through- out the land, however. Confined to no particular creed, churchmen of many denominations are urging their constituents to watch the types of pictures which play their local theatres. In some instances, and enough of them to indicate all is not well with the current status of business, the pub- lic is being admonished not to go at all. It's the old story, not even in new dress, but enough momentum, backed by enough reason, has been given the movement to make it frightfully dangerous if notes are ever matched and a joint course of procedure ever determined upon. The inescapable fact that ties in with all of this is that many of the potshots taken at films strike home because the bullets are manufac- tured from truths. Hollywood, gallivanting along in its sublime serenity, cut off from the rest of the land by its own provincialism, persists in turning out what it thinks the rest of the country ought to see. The theory may be all right, but about it there is only one faulty line of reasoning. The rest of the country doesn't happen to agree. KANN 12th WEEK ON BROADWAY 'FordotteiJ JEWEL PRODUCTIONS. 723-7th Ave.. N. Y. C. Eastman Up iy2 on Big Board Net High Low Close Change Consolidated Film Industries 4$A 4$i 4$$ — M Consolidated Film Industries, pfd 16H 15% \5% — T4 Eastman Kodak 90M 90 90V2 +VA Eastman Kodak, pfd 131 131 131 +1 Fox Film "A" 15'/$ 15 1554 + Loew's, Inc 32^ 31% 32^ + % Loew's. Inc.. pfd 89 89 89 —1 M-G-M, pfd 24 23% 24 +1 Paramount, cts 554 *% $Vt + 54 Pathe Exchange 3% 354 354 — % Pathe Exchange "A" 19% 19a£ \9% + % RKO 3% VA 354 —Vs. L^niversal Pictures, pfd 32 32 32 Warner Bros 7 6$i 7 + % Technicolor Off Vs on Curb Net High Low Close Change Sentry Safety Control % % Technicolor 9V% 9 95^ — % Trans Lux 254 2% &A RKO Bonds Climb 3 Points Net High Low Close Change General Theatre Equipment 6s '40 954 9% 9V% + li Loew's 6s Ml. ww deb rights 9654 55" 9654 + 'A Paramount F. L. 6s '47 45 4454 4454 — 54 Paramount Publix 5*As '50 46 44i4 46 + 54 RKO 6s '41. pp 41 40 41 +3 Warner Bros. 6s '39, wd 5654 55 56 + 54 Sales 400 900 1.400 1.000 700 8.400 100 200 7.500 1,600 1.400 2.600 5.000 5,393 Sales 300 200 200 Sales 14 15 12 6 3 45 4 Purely Personal CHARLIE JONES stepped off t deep end last week, it becar known yesterday, and took unto hii self a bride. She is Evelyn L Koch. They worked together at M jestic and are continuing the bushr: arrangement unGer the marital aegis well. Jimmy (Schnozzle) Durak and Polly Moran are on their v here from Hollywood for personal a pearances at the Capitol beginni Friday. Richard Arlen and his wife, Job n'a Ralston, and their nine-month-c son will reach town tomorrow frc the coast. They're on their way Europe for a vacation. Eugene Zukor, Howard Die- George Weltner and Mitchell M.' Jr., among the diners yesterday no at the Motion Picture Club. Frank Morgan has been made vice-president of Angostura-YYupp' mann Corp. His mother, Mrs. Jo; phine Wuppermann, is president Bob Gillham is back from m Orleans. The last four nights v spent on Pullmans. Bob no like. William D. Shapiro of Maj tic returned yesterday from a Bos | business trip. Ernest Truex has signed a t\ year contract with Educational produce shorts. Neil Agnew and Milt Kusell turn from their vacation early tot week. Herman Robbins, president of I* tional Screen Service, reurned yest day from Miami shores. George Jacobs, formerly U. branch manager in Charlotte, is town meeting old friends. S. R. Rent is back at his I desk following a Florida vacation. Jack Cohn hied off to Mis, Beach yesterday for a brief rest. George Schaefer is back from Fl ida, tanned and looking well. Aline MacMahon arrives fr the coast in about 10 days. Jean Duvivier, French director' due in today on the Paris. MOTIOI PICTUR ALMANA 1934-35 NOW /A/ PA£MAA T/ON WHERE THE WORLD LOOKS FOR MOTION PICTURE PRICE .5, S3 fact* uesday, March 13, 1934 MOTION PICTURE DAILY 3 Not Bad! Hollywood, March 12.— The new policy of certain majors of electing their own "Baby Stars" has at least inaugur- ated something new. It gives the young actresses the op- portunity of being selected twice. Helen Mack is the first to be thus honored. Last year she was a Fox "debutante." This year she's a Paramount "protege." Next year she'll probably be an All-American. Philadelphia Union And Warners Dicker !8 Impartial Men Will Be Named Today (.Continued from page 1) clahoma City. With the naming of vernment representatives to 28 more irds today, instructions for getting : various bodies functioning will out within the next few days. The inual on rules was virtually adopted jterday by the authority and minor mges are now being made in the lit, which has already been set in >e. Division Administrator Sol A. Ro- lblatt yesterday stated he will ap- int a committee within the next >• or so to set the basic wage scale • New York operators. Reports on free radio shows, the udeville situation, fire regulation exchanges and finances and budget :re submitted and acted upon by : body. One of the six impartial members derstood set but not ready for an- uncement until the clearance and ling government onlooker is ap- inted for the Philadelphia zone is i Harry B. Salter. Because it was not yet definitely :ided whether or not one or three ards would be set up in Xew York, ! matter was put over for further i>ideration. The Philadelphia ard was completely upset because protests. Morgan Walsh is back the San Francisco clearance and ning board to stay and Sidney Lust d M. Garman have been named osequent run exhibitors in Wash- Hon. rhe budget was approved in prin- ce, but method of collection re- nins unsettled. The rules for boards e gone back to committee for a few unges. i reel Will Enforce Code on the Coast Iollywood, March 12. — Determined stop alleged code chiseling by jors, George Creel, state NRA ad- listrator, arrived here today and k enforcement of the code out of hands of the compliance committee, announced a special administrator laid be placed in charge, probably 'Ige Ben Lindsay, who was ap- nted several weeks ago to investi- e complaints. Violations regard- I salaries and working hours will I probed and heavy penalties as- ;ed, it was said. 'Theatre Code Delayed , Vashington, March 12. — Hearings (j revision of the legitimate theatre We were postponed today from krch 21 to March 28 in order that tsumers' representatives may be en- I sd in the fight against ticket B pers. Consumer members of the * overy Administration believe that W -r have a greater interest in this stion than any other group and preparing to make a fight for ngent regulations. zys Back from Florida jVill H. Hays returned from a ks vacation at Miami last night. (.Continued from page 1) union is asking $20 per week for its usher and doormen members. Robert Brecker is treasurer of the local and Nathan Cohen, secretary. Akrox, March 12. — Ushers and doormen are on strike at Loew's here and the house is being picketed by Local 127, Building Service Employes Union. Refusal of Ernest Austgen, house manager, to accede to the new union's wage scale demands resulted in the strike. Local 118, Theatre and Amusement Employes union, is continuing its meetings with New York circuit representatives with a view to obtain- ing recognition of the organization. Representatives of leading circuits are scheduled to meet today for a final decision on a closed shop for ushers. (Continued from page 1) westerns. The first will be ready May 1. Four serials will be in the new season's lineup. All product will continue to be re- leased through independent exchanges, Levine said, adding that his distribu- tion plans had been completed for the entire country. "The Lost Jungle," starring Clyde Beatty, will be the first of the four serials. It will be released day and date with the opening of the circus in New York, April 7. It will be in three versions. The first will be with a three-reel first episode, followed by 11 two-part chapters. The second ver- sion will have a feature length first installment to be followed by 10 two- reel chapters. In addition, it will be offered complete as a seven-reel fea- ture. Three months later another 12-part serial, "Burn 'Em Up Barnes," a speed story, will be released, to be followed by "The Law of the Wild," "Rex, King of Wild Horses" and "Rin Tin Tin, Jr." Quittner Appeal Mar. 19 A motion for leave to appeal the Joseph Quittner anti-trust action as a pauper will be made in U. S. Cir- cuit Court of Appeals here March 19. _ If granted, the order will permit Quittner, former Middletown, N. Y., exhibitor, to take his suit against major companies to the higher court without printing the voluminous rec- ord of the case dismissed last year by the U. S. District Court here. Deny Friction Over Cuts By Kansas Board (Continued from page 1) of liquor or drinking by women, as reported, in deference to the dry sen- timent in Kansas. Discussions of cen- sorship industry representatives had with the governor shortly after his in- auguration were entirely friendly, it is said. Also, it is declared that the matter of censorship is such a delicate one and so packed with dynamite that those who do discuss it should use discre- tion. Vancouver Picture Concern Collapses (Continued from page 1) stage, and daughter of the late James Dunsmuir, one-time Lieuten- ant Governor. Kenneth Bishop, executive of the company, admitted to holding con- trolling interest in the company with 8,000 shares of common stock at $10 per share. He had not paid for the shares, but claimed his three years' organization work had earned them for him. He valued the two pictures at $25,000 each. A creditor's committee has been formed to try and rescue some of the money invested. St. Louis Protests On Any New Houses (Continued from page 1) here by Warners. The letter, signed by Fred Wehrenberg, president of the M.P.T.O. of Eastern Missouri and Kastern Illinois, was decided upon after some excited discussion. The move was the result of an an- nouncement by Warners following the leasing of the Shubert-Rialto. Wehrenberg said that he would be in New York later this week and would seek a conference with Warner home office executives. Splashing on "Adverse' Warners are preparing to go the limit on "Anthony Adverse" and may hit the $1,000,000 negative class with the Hervey Allen novel. Serious is the intention to release it in two 10-reelers, perhaps with Leslie How- ard in the title role. Two different directors may handle the double ver- sion, and one of them probably will be Mervyn Le Roy. Hollywood, March 12. — Mervyn Le Roy and Mrs. Le Roy (Doris War- ner) complete their honeymoon world cruise here April 28. Ruben to England Hollywood, March 12. — Following a three-cornered conference between R. P. Baker, representing Associated Talking Pictures of England ; J. Walter Ruben, Radio director, and Pandro Berman, Ruben sails this week to direct "Java Head." Anna May Wong is to be starred. In re- turn, Ruben has agreed to an exten- sion of his contract with Radio for the period he absents himself from Hollywood. He is at present direct- ing "The Dover Road." Buying Co-op For New York Bruited About (Continued from page 1) they maintain, this happens to hit at Loew's and RKO, such a situation is something regrettable maybe, but unavoidable perhaps. Three hundred theatres in the local zone are being talked about ultimate potential strength. The argument, advanced by non-affiliated theatremen in the past, has undergone no change. Many take the stand they are com- pelled to follow the circuits and thus fall into the second and subsequent run divisions not because their prop- erties are not as good, but because they have been unable to purchase product first run in opposition to local and national buying power of the chains. The move, so far under cover, will crystallize, if it does at all, by the time the 1934-35 selling season gets under way. Independents say this is important in that the proposed com- bine will have to get itself set be- fore protection schedules for the next season are set up. There is talk, too, that independ- ents in other cities are contemplating the same move. Distributors so far approached for comment refuse to go for quotable remarks. Several, how- ever* point out the talk is just that and designed to have a bearing on prices for the new season. "Almost every season in these parts, you can hear the same story if you listen hard enough," one executive declared. Silent Film Rights Up in Coast Court (Continued from page 1) who owns the rights to the latter's novel "When a Man's a Man." Lesser declared that there is a controversy existing as to whether the story can be produced as a talk- ing picture. He purchased the rights to the book in the silent days. The New York Court of Appeals last week upheld the decision of the Supreme Court, holding that convey- ance of dramatic rights to a story prior to the inception of talking pic- tures carried with it the talking pic- ture rights. Birmingham Theatre Escapes in Big Fire Birmingham, March 12.— The Ala- bama, this city's biggest house, has proved it is really fireproof. In a $3,000,000 fire which swept the sur- rounding block it escaped with prac- tically no damage. An adjoining de- partment store was destroyed. Until the surrounding debris is re- moved, the house program will be switched to the Temple. May Cancel Trip Gradwell L. Sears and Andy W. Smith, Jr., sales manager of Warners, who planned a trip to the coast to- morrow on new season's product, may not go at this time. Jack L. Warner figures on a short visit East and a return to Hollywood in time for the M.P.T.O.A. convention April 10-12 Warner is due Monday. Mascot to Make 20 Feature Productions APPY Springtime 1 When you talk about BIG pictures, you're talking M-G-M language. The records of 1933-34 are already bright with "Tugboat Annie," "Dinner at 8," "Dancing Lady"and others from M-G-M, but — Springtime brings Giant M-G-M Attractions that dwarf everything else in the entire industry! The one and only company that makes road-show calibre enter- tainments now presents "RIPTIDE", "VIVA VILLA P," TARZAN AND HIS MATE". Talk about BIG pic- tures . . . they're yours for a joyous M-G-M Springtime! i MOTION PICTURE DAILY Tuesday, March 13, 192 New Orleans New Orleans, March 12. — Guy Brown, representing affiliated nation- al distributors on the New Orleans grievance board, is manager here for RKO. Here is his biography, told by Brown himself : "I took my first bow in the indus- try in 1920 as a salesman for Fox. After serving two years in that ca- pacity, I decided to learn something of the physical operations of the busi- ness and requested a transfer to the booking department which was sub- sequently granted. Any success I might have achieved or experience gained I attribute to the two years in which I served at the head of the booking department. About this time opportunity knocked at the door when I was recommended for an opening as branch manager of P. D. C. Several years later this company merged with Pathe and it was my fortune to be retained as branch manager. Even- tually Pathe merged with Radio and my good luck continued in being re- tained as branch manager of RKO which position I hold today. During my 13 years in the industry I served as president of the Film Board and as chairman of the local zoning board. I am a native Orleanian and naturally a booster for our winter capital of America, realizing the devil lived in heaven until he knocked his home town! My father was born here, as was my grandmother before him and the Brown family now lays claim to a fourth generation due to the blessed event of my only child, a daughter, who was released in New Orleans four years ago. Let it be said, how- ever, that I had to travel into Mis- sissippi to take unto myself a wife. I am the only non-professional mem- ber of the family, my father being a physician, my only brother an attor- ney and my mother and two sisters, before marriage, school teachers. Habits normal ; money none ; favorite pastime, bridge. Houston Duvall, representing un affiliated distributors on grievance, will be 35 in a couple of weeks and was educated at the University of Mississippi. He has been in the busi- ness since December, 1919. Some highlights : From date of entry to No- vember, 1924, he was assistant mana ger for FBO here. From the latter date to February, 1929, he was a sales man for Liberty-Specialty. From then to now, manager for Columbia here. He is current president of the local Film Board. Norman Carter, representing affil iated exhibitors on grievances, is a Buddha on publicity, refusing persist ently to talk about himself for pub lication. He is a lawyer, has been identified with Saenger Theatres for a number of years and is now acting as legal adviser to the receiver, E. V. Richards, Jr. Carter, while having no direct participation in theatre opera- tion, is regarded by those who know him as qualified for the job any time he prefers to sidetrack law for exhibi- tion. Bert Kiern, representing unaffili- ated exhibitors on grievances, is the owner of the Happy Hour (1.100 seats) in the suburbs. Henry La- zarus, operator of the Newcomb, Wonderland and Coliseum is author- ity for the statement independents have protested his appointment to Ad- ministrator Hugh S. Johnson on the ground Kiern is not an independent but affiliated with a local circuit. Who? What? When? Sixteenth instalment in a biograpltical series on the men who make up the code boards. Herbert j. Schwartz, impartial member of the New Orleans grievance board, is a native of New Orleans and a merchant with many years of experience in that line behind him. Starting as a junior clerk in the firm of Schwartz Brothers and Co., whole- sale dry goods and notions and the largest firm at that time in the South, he gradually worked himself by at- tention to business to manager of the concern. Two years ago the firm liquidated. Schwartz's merchandising ability secured for him the presidency of the Maison Blanche Co., one of the largest department stores in the South. He has made a success of the firm, is a member of the board of directors of the City Stores, Inc., which con- trol properties in New York, Phila- delphia, Memphis, Birmingham and a few other citigs and is viewed as im- partial. Luke S. Connor, representing af- filiated national distributors on clear- ance and zoning, has been with War- ners and its predecessors since 1918. Beginning in that year and for six years thereafter, he was a booker for the original First National. In 1924 he was appointed branch manager here. In Detween, Connor also has served as a branch manager for Uni- versal. In his early days, Connor studied law and is a graduate of Tu- lane University. He admits he never practiced much because he didn't seem to care for the entanglements so com- mon in the Code Napoleon. Paul Tessier, representing unaffili- ated distributors on clearance and zoning, was born here on Aug. 7, 1891, educated in public schools and Ferrels, a "prep" school. From 1916 to 1921, he was a branch manager for Pathe. In 1921, he assumed a similar post with FBO until that company was absorbed and became known as RKO. He was also manager for RKO until 1932, the year of the latter's purchase of Pathe. From 1932 to 1933, Tessier then became a salesman for RKO Pathe. He started with Universal on Alay 1, 1933, and cur- rently is branch manager for the company here. Le Craw, Insurance Figure; Maxwell, Active in Banking Who are the impartial mem- bers on the Atlanta code boards? These thumbnail sketches, touch- ing the highlights, furnish the anszver: Roy Le Craw, impartial member on grievances, went through Atlanta public schools, io college at the Alabama Polytechnic Institute at Auburn and to Georgia Tech later at night. He was president of the Atlanta Junior Chamber of Com- merce in 1924 and of the Chamber of Commerce in 1931-1932. In 1929, Le Craw headed the Atlanta Community Chest Campaign and served as its vice-president in 1929. He is now general agent here of the State Life Insurance Co. of Indianapolis and has been listed among his company's "Big Ten" for six years or more. This designation indicates the 10 leading business pro- ducers in his company. Le Craw is also a lawyer, having been admitted to the bar in 1931. He has served as president of the Community Employ- ment Service which, without charge, succeeded in giving work to several thousand unemployed in the last year and is a director of six or eight other civic and charitable organizations here. He acted as vice-chairman of the Georgia Century of Progress Com- mission and helped to place a fairly creditable exhibit for his state at the recent Chicago World's Fair. Other activities include membership in the High Council of the Alpha Tau Omega Fraternity. He is a captain in the Georgia National Guard, 38 years old, married and has five boys. "All of them are crazy about the movies," declares Le Craw. Alva G. Maxwell, impartial mem- ber on clearance and zoning, is vice-president of the Citizens and Southern National Bank and presi- dent of the Financial Advertisers Ass'n. The latter is one of the three leading bank fraternities in the coun- try and concerns itself with public relations and advertising problems having to do with banking. Maxwell was born Sept. 3, 1893, on a farm in Hall County, near Gaines- ville, and is the son of Eugene and Mrs. Maxwell, who have lived on their Hall County plantation for more than 50 years. He was educated in elementary schools in his district and in Gainesville and later attended the Young Harris College, from which he graduated in 1914. Since 1914, Maxwell has been active in the banking world. He entered the business in July, 1914. After working several years in a junior capacity, he was elected vice- president of the Gainesville National Bank in 1919, in which capacity he served until 1923, when he entered the public relations department of the Citizens and Southern National Bank at Atlanta. Two years later, in 1925, he was elected a vice-president, which position he now occupies. He is a member of the executive committee and has direct supervision -over new business development and the public relations department of the Atlanta office. His civic affiliations include the Chamber of Commerce, of which he is a director ; the Boy Scouts of America, of which he is a treasurer and a director, and Young Harris College, his alma mater, of which he is a trustee. He is likewise a first vice-president of the Atlanta Civitan Club and a director of the Atlanta Athletic Club, a Shriner and a mem- ber of Yaarab Temple. Maxwell is chairman of the educational commit- tee of the Georgia Bankers Ass'n and a member of the savings promotion committee of American Bankers Ass'n. Rodney Toups, representing affi'.ii ated first runs on clearance and zo i} ing, is 36 years old and was born i I New Orleans. He started as secr'J tary with Klaw and Erlanger and waj with that company until 1917, tli time of the World War, when h went overseas. He returned in 19: and became assistant manager Loew's Crescent here. In 1921, i became manager of that theatre an in 1926 manager of Loew's State (Z 285 seats). Harry S. McLeod, representing ui affiliated first runs on clearance ar zoning, is a newcomer. His earlie association with the show busine: was some 20 years ago as a your man in catching change of casts "Theatre Notes" for the Chicac Tribune. Since then he has been close student of everything theatric After seven years as manager of tl Denver, Omaha, Minneapolis offic' for Hathaway, Smith, Folds, Ne1 York bankers, he entered the adve tising field in 1919, after service the Canadian Army. For five yea ; he was western manager for tl Crowell Publishing Co. on the W men's Home Companion, then wi the Charles Daniel Frey Agency account executive, and then weste- manager of System for McGraw-Hi, He came south to the Gulf Coast ar New Orleans to take charge of t! sales and promotion of Pine Hil Gulf Hills, and Edgewater Par representing the Edgewater Bea< Hotel in its promotion of t Mississippi Gulf Coast. When t Shubert lease expired on the old a Charles (1800 seats) owned by t'T Provident Investment Co., of whi he is vice-president and manager, M I Leod took the historic house a:f opened it as a first-run picture theat J in October, 1932. He is a director the Pontchartrain Realty Co., t Provident Investment Co., preside of the Gulf States Theatre Owne Ass'n, an unaffiliated unit, and fi industry chairman of the Better Fill Committee of Louisiana. Joseph Alsina, representing un; filiated subsequent runs on clearar and zoning, is an independent exhil tor operating the Famous Theatre, 1,400-seat house functioning under t name of Alsina Brothers. He is director of the recently-formed G' States Theatre Owners with Loui ana, Mississipi and Alabama as organizational field. Gulf States not affiliated nationally. Joseph A. Barcelona, second e hibitor representing unaffiliated sr sequent runs on clearance and zonii is a native of Baton Rouge, where still makes his home. He is 32 ye; old, married and the father of tr children. Barcelona started in the bi iness as a rewinder in 1914 or wr he was very young, subsequently fi ing the jobs of operator, usher, b: poster, sign painter and stage ha eventually becoming manager. He 1 been operating independent theat: for the last nine years and never 1 been affiliated with any circuit. ] takes pride in the fact that in all his experience as a showman he 1 never been called before a Film Bo; or any board of arbitration. He now vice-president of the Gulf Sta Theatre Owners Ass'n.. owner a manager of the Tivoli (298 seats) Baton Rouge and president and ar< eral manager of State Theatres, Ii of the same city. His Tivoli and St use second and third run prodv (Continued on page 7) esday, March 13, 1934 MOTION PICTURE DAILY ^os Angeles Getting Set For MPTOA (.Continued from page 1) ogers, H. J. Siler, Lou Halper, J. eeves Espy, Mike Rosenberg. John I Young, Milton Arthur, Simon azarus. Glenn Harper, B. H. Lustig, ave Bershon, Victor M. Shapiro, rthur Ungar, Ralph Wilk, Warren tokes and W. R. Wilkerson. Committee for reception : Hicks, mirman; VV. W. Whitson, A. Aal- :rstein, G. A. Metzger, M. Raymond eterson, Irving Carlin, Lazarus, J. eslie Swope, K. C. Manny, Lustig, arry Vinnicof, Al Bowman, R. P. unison, Glenn Harper, Chotiner, I. H. Lollier, Sherrill Cohen. George ". Hines, H. Y. Herond, Mike Gore, [. E. Baylis. William C. Riter. J. N. illon, J. T. Milstein, Carroll N. Pea- >ck, N. P. Jacobs. E. W. Maclean. 1 J. O'Keefe, Harry Lustig. Howard tubbins. George Montgomery, Sam erkowitz. M. A. Hulling. Jack rum, Dick Mitchell. Ray Olmstead, arry Millstein and A. Aranson. Entertainment committee : Rosen- :rg, chairman : Whitson, Halper. iler, Ralph Grunauer. Espy, Metz- sr, Jamison, Chotiner. Doc Howe, tarco Woolf, Sid Grauman and truce Fowler. Publicity committee: Bromley, lairman: Warren Burgess and arry Hammond Beall : prograrm- «d badges. George L. Hanes and ernard Loper: Registration, Lola Warns Gentry, chairman ; Minnie A. opple, Jennie H. Dodge and Mildred andreau ; transportation. Arnold haak and Robert Gumbiner. Con- acts. W. H. 'Bud' Lollier. Cither committees will be appointed ier for entertaining wives and nilies of the delegates. ■■V" Lab Reopens Mar. 15 'Hollywood. March 12. — Universal jM reopen its laboratory March 15 ider the name Universal Labora- •ies. C. Rov Hunter will be in -arge, while King Charney, whose ntract before the plant closed had e more year to go, will act as out- vie contact to solicit independent bus- •ss. Alvin F. Werbe Dead .Kansas City. March 12. — Alvin F. .erbe. 74, head of the Werbe Scenic •Jdio, has passed awav at his home Kansas Citv, Kan. For many year11 ,; firm has conducted a nationi' siness on scenery and interior deco- f:ion for theatres. Fred A. and I uis A. Werbe. two of four snrviv : sons, will continue the business. M-G-M Secures Stay ''London, March 12. — M-G-M has ured a stay of execution on the !'?5.000 verdict awarded by Justice j -erv to Princess Irena Yousoupoff iding an appeal. No Va. Ticket Tax Richmond. March 12. — The^r^ ,vni ape a state admission tax this vear. a vote of 25 to 12 the Senate has sed the Governor's tax bill, which ?s not contain the amusement tax. Who? What? When? Sixteenth instalment in a biographical series on the men who make up the code boards. (Continued from page 6) W. H. Alexander, impartial mem- ber on the New Orleans clearance and zoning board, is president of Feible- man's-Sears Department Store. He is a native of Chicago and was trans- ferred to this city to take charge of the growing establishment. For many years he was connected with the main store of Sears, Roebuck. In addition to his duties with the mercantile establish- ment, Alexander is a bank director, chairman of the Red Cross, a mem- ber of the local Regional Labor Com- pliance Board, member of the Associa- tion of Commerce, chairman of sev- eral of the most important commit- tees and identified with a score of other civic problems. The Feible- man's-Sears establishment has on its payroll approximately 1,400 employes who are receiving, it is said, the high- est remuneration of any department store in the city, despite the code which has placed the average salary at $12.50 a week. In disputes before the Labor Compliance Board Alex- ander has always weighed the evidence and, according to the litigants, has been a square shooter. In the film world there has been no criticism to his appointment from either side. Aside from scattered sketches of a few men named as impartial members to code boards, today's instalment con- cludes the city-by-city series of board biographies. The series by cities zvill be resumed follozving official appointment today by Code Authority of the remaining boards in Boston, San Francisco and Washington. Harry Sherman Plans New Producing Firm Hollywood, March 12, — Harry Sherman is lining up a new producing company to occupy the old Tec-Art studio, which has been completely re- modelled. W. H. Clune, owner of the studio, is reported interested in the deal. Tentative plans are to produce 26 features. Release and distribution details are being worked out. Urge Gov't Theatre Hollywood. March 12. — A crowd of more than 300 attended a meeting last night at the Biltmore to agitate for the institution of a government-sub- sidized national theatre to present plays at popular prices, thus creating more work for actors. The meeting was called by a committee composed of Alice Brady, Eva LeGallienne and Douglas Wood. Mrs. Roosevelt on Council Mrs. James Roosevelt, mother of the President, has accepted an ap- pointment as honorary vice-president of the M. P. Research Council, ac- cording to Mrs. August Belmont, honorarv president. The council is opposing block booking. Delay Miller Hearing Chicago. March 12. — Jack Miller's hearing on charges of "contumacious conduct" in refusing to answer ques- tions before a Grand Jurv about al- leged pavments to Tom Malov was continued todav until March 17. Won't Relinquish House Milwaukee. March 12. — Fred S. Meyer denies a report that he intends to give up the Alhambra here. He points out in refutation of the rumor that he still has a year and a half to go on his lease. Avert Milwaukee Strike Milwaukee. March 12. — A threat- ened strike of members of the new doormen's and ushers' union has been averted by an increase of $2.50 in weekly wages with a guarantee of a 40-hour week. Delaware Bill Asks Divorced Actor Ban Dover, March 12. — Pictures in which any actor or actress who has been divorced appears will be pro- hibited in this state if a bill Represen- tative Robert B. Hopkins of Milton is having prepared should become a law. Hopkins said that he hopes to have the proposed act ready for introduction in the House this week. It is his plan to create a board of censors to consist of three members, one from each county, New Castle, Kent and Sussex, to be appointed by the Governor. In addition to censor- ing, the members would have to deter- mine who, if any, among those in the cast had been divorced. H amnions Starts Trip Hollywood, March 12. — E. W. Hammons, Educational president, with J. H. Skirball, sales manager, and Harvey Day, special representative for Terry-Toons, left last night for a tour of Fox exchanges in Boston, Buffalo, Cleveland, Cincinnati, Indi- anapolis and Chicago. They will be away about a week. Vidor-U. A. in Dicker Hollywood, March 12. — King Vidor is negotiating with United Artists to release his next film, "Our Daily Bread." now in preparation at Gen- eral Service Studios. The deal will probably be closed within a week. Although no cast has been set Vidor is slated to go into production immediatelv. U. A. Moving Salt Lake City, March 12. — United Artists is moving todav to 214 East 1st South Street. Washington, March 12. — C. Joseph De Maio has succeeded Sidney E. Ellison as office manager of the local U. A. exchange. Gloria Stuart Re-Signed Hollywood, March 12. — G 1 o r i a Stuart's contract has been renewed by Universal for three years on an ex- clusive service basis. FWC Holding Aloof in K. C. War on Duals Kansas City, March 12. — "We are willing to fight it out on the basis of product and showmanship, and with 'David Harum' doing capacity busi- ness and 'George White's Scandals' and other pictures of that caliber com- ing, we are not worrying about double bills and 25-cent admissions at down- town first runs." That is the answer of L. J. Mc- Carthy, Fox Midwest district mana- ger in Kansas City, to the current price war here in which two first runs have adopted a 25-cent top and one is double billing to boot. "David Harum," with Will Rogers, promises to be one of the year's big money-getters locally. Opening at the Uptown two days ahead of schedule, it is certain to go two weeks and probably three, according to Stanley Chambers, manager. Buffalo, March 12. — Shea's Hippo- drome has cut out vaudeville and is going into double features, at least temporarily. Four downtown theatres now are offering twin bills, with only Shea's Buffalo offering a single feature plus stage shows. Rumors that the first runs are about to start giving away dishes are officially denied. Seattle to Vote on Daylight Time Shift Seattle, March 12. — Voters will decide whether or not daylight saving time will be observed locally from June 10 to Sept. 3 at the general city election this week. An intensive campaign against the adoption of the measure is being conducted by the theatres, with trailers in 46 houses and outdoor displays being the prin- cipal media used. Daylight saving was effective in Seattle and other cities throughout the state last summer. ASCAP Wins Ohio Suit Cincinnati, March 12. — In the suit of Gene Buck, president of the A.S.C.A.P., and four music publish- ing concerns, against the Southern Broadcasting Co., operating radio station WMBD, Mt. Orab, O., for alleged copyright infringement, U. S. District Judge Robert R. Nevin awarded the plaintiffs judgment for $1,000, plus six per cent interest and costs. Raft Coming for Rest Hollywood, March 12. — Paramount has agreed to let George Raft take his 10-week layoff now to recuperate from his recent breakdown. He leaves for New York tomorrow night. While there he may play a week or two of personal appearances. The rumor of a quarrel between actor and studio is said to be baseless. Dix Breaks Arm Hollywood, March 12. — Richard Dix broke his arm yesterday playing tennis. Radio is shooting around him in "Stingaree" until he recovers. MOTION PICTURE DAILY Tuesday, March 13, 1934 Kinematograph Year Book for 1934 Here The Kinematograph Year Book for 1934 published by Kinematograph Publications, Ltd., London, yesterday reached this country. It contains 596 pages. The issue is the 21st. Like last year's book, it has colored tabs for each section, making it very convenient for seekers of quick refer- ence. In addition, each section has an index. The main divisions are : Over- seas Directory, with company offices and addresses listed from practically every section of the world; trade shown films ; renters' offers, a list of all films offered for sale in Great Britain, with company names ; films registered ; trade organizations ; equip- ment and technical section ; trade per- sonnel ; studio personnel ; general clas- sified trade directory ; theatre circuits ; a list of London theatres, and a list of provincial theatres. All acts governing the film business in Great Britain are either given in full or in condensed form. It seems to be a complete, handy reference vol- ume for companies doing business abroad. -J. M. J. David Harum "Big Draw Of Week in 3 Key Spots MPTOA Men Need Identification Cards M. P. T. O. A. conventioneers will be required to obtain identification certificates from national headquar- ters, 1,600 Broadway, in order to ob- tain the special convention rate rail- road fares to and from Los Angeles, it was stated yesterday. With the identification cards, rail- road tickets to the convention may be purchased in Pacific Coast states beginning April 3 ; in western states, beginning April 2; mid-western states, April 1, and earlier in east- ern states. Two special trains, one leaving Chicago, April 6, with a spe- cial section being added at St. Louis the same day, and one leaving New Orleans on April 6, will be joined at El Paso, April 8, to arrive in Los Angeles the following day. < In applying for identification cer- tificates, conventioneers should state which special train they will take and what Pullman accommodations they will require. Special through Pull- mans will be arranged over leading railroads from eastern cities to either Chicago or New Orleans. LeBaron Signs New Paramount Contract Hollywood, March 12. — William LeBaron has signed a new agreement with Paramount to continue as an as- sociate producer with his own writing staff, directors and supervisors. He will make 10 features in the next year to be known as William LeBaron Prod., among them thei new Mae West. "It Ain't No Sin." LeBaron is reported to have had under consideration a three-year con- tract to head production for a British company, name unknown. Col. Suit Postponed Examination of Jack Cohn before trial of a Columbia stockholders' suit for an accounting, which was sched- uled for yesterday, was postponed to March 21. Both Cohn and his attor- ney in the action, Nathan Burkan, are out of town. (Continued from page 1) troit, Indianapolis, Minneapolis and Boston. Katharine Hepburn's "Spitfire" piled up a fine $27,000 at the Palace in Chicago, going over the house par by $5,000. It was generally agreed that the draw was the film and not the vaudeville bill. "Frolics of 1934" was also a first class grosser with $40,000 at the Chicago, $5,400 over normal. Addition of vaudeville at the Oriental helped "Eight Girls in a Boat" up to a par $23,000. "Death Takes a Holi- day" stayed up to $11,500 in its second week at the Roosevelt. Three other grosses, all weak, were: "Moulin Rouge," second week, $10,000; "Bom- bay Mail," $13,000; "You Can't Buy Everything," $12,000. "Harum" Big in Cleveland "David Harum" ran a close second to "Carolina" in Cleveland with an $8,000 take at the Hippodrome. "Spit- fire" was also in the big money with $19,000 at the RKO Palace, helped by a stage show. "Master of Men," on at the Allen with the first week of a stage show, was good for $6,500. "This Side of Heaven" and "In the Money" had a par $4,000 at Loew's Stillman. "Nana" trailed along with a bad $8,- 000 at Loew's State. "David Harum" took nearly all the stray money in Detroit. The $23,500 gross at the Fox, with a stage show, was $8,600 over average. "Queen Christina," with $11,600 at the United Artists, was the only other attraction in town to do a good business. The weak links in the chain were: "It Happened One Night," $8,100 at the Downtown; "This Side of Heaven" $5,400 at the Fisher; "The Cat and the Fiddle," $19,200 at the Michigan; "No More Women" and "Six of a Kind"_ at the State, $5,100. Indianapolis was another spot that went for "David Harum" in a big way. The Apollo was nearly three times av- erage at $6,000. "It Happened One Night" ran a good race for second honors with $5,000 at the Circle. Even Kate Smith couldn't help "I've Got Your Number" over a normal $10,- 000 at the Indiana. "The Cat and the Fiddle" was average with $4,500 at the Palace, but "The Poor Rich" was off at $5,500 in the Lyric. Montreal Picks Up Montreal didn't mind the winter weather. "The Cat and the Fiddle" did a strong $10,500 at the Capitol and Loew's reached the same figure with "Four Frightened People" and five vaudeville acts. "Let's Fall in Love" and "East of Fifth Avenue" hit $7,000 at the Princess, but the other dual. "Six of a Kind" and "Search for beauty," fared badly with $9,000 at the Palace. ( "It Happened One Night" and "Oueen Christina" mopped up in Minneapolis and St. Paul. "It Hap- pened One Night" took $6,500 in Minneapolis and "Oueen Christina" reached $8,000 in Minneapolis and $7,- 000 in St. Paul, both figures away over par. "Hi, Nellie" was pood for $4 - 000, $500 up, at the St. Paul Riviera. "Moulin Rouge" was weak at $5,000 in the Minneapolis State. "Dark Ha- zard" also failed to stir any excite- ment at the St. Paul Orpheum. "Em- peror Jones" reached a good $2,500 at the World. "Fugitive Lovers," "You Can't Buy Everything" and "Frontier Marshal" were fair. Most of the heavy money in Okla- homa City went to the Warner, play- ing "I've Got Your Number" and a stage show called "Hollywood Pre- miere." The take was $6,400. "Moulin Rouge" was away off at $3,800 at the Criterion. "Mandalay" was $300 up with a take of $2,800 at the Capitol. Other houses suffered. With the return of something like spring weather, Boston showed im- provement. "Mandalay," with Will Mahoney and a stage show, ran over par by $5,000, reaching $33,000 at the Metropolitan. "The Lost Patrol," with the "Greenwich Village Follies" on the stage, piled up $20,500 at the Boston. "I've Got Your Number" and "Devil Tiger" took a good $10,- 000 at the Fenway. "It Happened One Night" topped average by $5,000 with $21,000 at Keith's. "Mystery of Mr. X" rounded out a total of good grosses by getting $18,000 at Loew's State. Providence turned out in a big way for "The Poor Rich" and ''Midway Nights Revue," a stage show, by shov- ing $11,500 into the RKO Albee box- office, but the others felt the strain. "Mystery of Mr. X" was $1,000 up on a $13,000 take at Loew's State, and "If I Were Rich" and "No Funny Business" were better than fair with $1,100 at the RKO Victory, but two duals, "Good Dame" and "Sixteen Fathoms Deep" at the Paramount and "Heat Lightning" and "Coming Out Party" at the Majestic, were weak. McKay Is Dead; Ont. Exchange Inspector Toronto, March 12. — William Ru- pert McKay, inspector of film ex changes for the Ontario governmer;. for 14 years, died here today froir the result of war wounds. He lost a leg in France. Although his dutk< were disciplinary, McKay was popular throughout the film trade. In larg- measure he was responsible for trV adoption of safety regulations for e> changes in Ontario following th< Cleveland hospital fire in which fum< from burning films killed man; No fire has ever occurred in an Or tario exchange under his regime. Burial Not Set Although no funeral arrangement: have been completed yet, services foi Airs. Edward J. Bowes (Margare Illington), wife of the managing d rector of the Capitol, are expected tc be held Thursday. The former act , ress, who held a high place in the profession during the early^part of the century, died Sunday in Miami Beach Dinty Moore Picked Dinty Moore, theatre manager ant j not the restaurant man, left for St ; Louis last night to prepare for the opening of the Shubert Rialto then, on March 31 as a Warner first run Moore has had considerable experi ence with the Orpheum and latterh i has worked for Warner theatres it, Ohio under Nate Wolf. Postpone P.-P. Meet An adjourned special meeting o Paramount Publix creditors, schedulet for yesterday, was postponed till to morrow. The meeting will be held ii the offices of Referee Henry K. Davis 140 Nassau St. GREATER BOX OFFICE VALUE THE box office value of the brilliant, snow white light from National High Intensity Projector Carbons has placed them in most of the large down-town theatres. Smaller theatres may gain a like advantage through the use of National Copper Coated High Intensity A.C. Projector carbons. These carbons, in the new lamps built especially for their use, give a brilliant, snow white light and a higher level of screen illumination than the low intensity D.C. arc. MOTION PICTURE DAILY Alert, Intelligent and Faithful Service to the Industry in All Branches OL. 35. NO. 60 NEW YORK, WEDNESDAY, MARCH 14, 1934 TEN CENTS Jew Corporate >lan for RKO s In Offing etails Await Moves on $38,000,000 Claims \ plan of reorganization for RKO iioh contemplates creation of a new -poration to take over the assets of plar move to get control of the ibassador, Missouri and Grand ntral through agreement with first rtgage bondholders, t is understood the Skourases' ■eement with Warners to stay out local exhibition expires next month, ji opinion here is that they won't jnd by and watch a change of con- (Continued on page 12) Tarners Will Delay Reply to St. Louis Varner theatre executives declared terday that no reply would be made the letter protesting opening of ad- onal theatres in St. Louis, report- to have been sent by the M.P.T.O. Eastern Missouri and Western Ti- ps through Fred Wehrenberg. [sident. until Joseph Bernhard, irner theatre head, returned from I coast, where he is on a theatre pection tour. The St. Louis ex- iitors' letter is said to have been jated by Warners' leasing of the I ibert-Rialto. utenberg's Detroit Booking Suit Ended i)f.troit, March 13.— Al Ruten- ES suit against the Mid-States 'king combine over the latter's al- (Continued on page 12) Name Impartial Members For Boards in 11 Cities Impartial members for boc'i boards in 1 1 cities were announced yesterday by Code Authority. In addition, out- side members were made known for the Washington, Boston and San Francisco boards at the same time the rest of the personnel for these terri- tories was disclosed yesterday. In Salt Lake City a replacement was made for the impartial member of the grievance group. Government representatives for boards in Cincinnati, Dallas, Des Moines, Indianapolis, Kansas City, Los Angeles, Memphis, New Haven, Omaha, St. Louis and Seattle follow : Cincinnati — Irwin S. Rosenbaum, attorney, on grievances. (Continued on page 4) Indies Are Silent On Buying Combine Independents, linked by reports, at least, with a plan to develop a buying cooperative in Greater New York, were non-committal on the subject yesterday. It was admitted that a preliminary survey was under way, principally by sounding out sentiment (Continued on page 12) Studio Agreement Extended 2 Years Hollywood, March 13. — The studio basic agreement entered into in 1926 between major producers and the I. B. E. W., the American Federation of Musicians, the United Brotherhood of Carpenters and Jobbers of Amer- ica, the International Brotherhood of Teamsters, Chauffeurs, Stable Men (Continued on page 5) Sound Men Line U p Group Like A. S. C. Hollywood, March 13. — To avoid entering into any new union pact, par- ticularly with I.B.E.W., top men of the sound recording division are organ- izing their own society on lines similar to the American Society of Cinema- (Continued on page 4) Writers' Guild Row Stirs Free-for-All Hollywood, March 13. — The split in the Writers' Guild threatens to be- come a free-for-all with several new factions entering the picture. Waldemar Young- has requested that his name be withdrawn from the (Continued on page 12) RKO Duals in K. C. Kansas City, March 13.— The price war has been in- tensified by an announce- ment that the RKO Main- street will show a dual bill here beginning Friday. This is declared to be a temporary policy. Triple Bills Threat Stirs Coast Houses Los Angeles, March 13. — A general threat of triple bills in independent houses has developed here as a result of week-end previews in several F. W. C. neighborhood houses in con- nection with dual bills. Several independent groups are up in arms and insist they will ' combat the new practice with topnotch triple bills all week as well as week-ends. There has been an undercurrent of discussion over triple bills under the guise of dual bills and subsequent pre- (Continued on page 8) British Radio City Linked with Roxy By BERNARD CHARMAN London, March 13. — The West End of London will have its own Radio City, it became known today when reports in circulation for some time were confirmed by Sir Malcolm McAlpine who said a $5,000,000 (Continued on page 8) Sales Tax Assailed At Albany Hearing Albany, March 13. — The proposed two per cent state sales tax was as- sailed here today by large delegations (Continued on page 8) Coast Production Drops 4 Features Hollywood. March 13. — Production slumped to the extent of dropping four features under the preceding (Continued on page 8) N. Y., Phila. Only Boards Now Unnamed Boston, Washington and 'Frisco Completed With the announcement yesterday of the personnel of clearance and zon- ing and grievance boards for Boston, Washington and San Francisco, only New York and Philadelphia remain to be set up. This is expected by the next Code Authority meeting March 21. Philadelphia has been set up twice and as many times upset. The com- mittee is mulling whether to establish three boards for clearance and zoning and a like number for grievances, but the code provides for only one. The difficulty in naming only two boards for the local area is that it is the largest territory in the country (Continued on page 4) Group Is Named to Study 30-Hr. Week As a result of an appeal by the President for a 30-hour week and an increase in pay for all industries which can afford it, Division Administrator Sol A. Rosenblatt has appointed Har- old S. Bareford, George J. Schaefer and Charles L. O'Reilly as a com- mittee to investigate the labor situation in Hollywood and make a report on its findings to Code Authority. The men selected represent pro- ducers, distributors and exhibitors respectively. The coast situation is (Continued on page 4) Dubinsky Wins Stay Against Union Acts St. Joseph, Mo., March 13. — An- other chapter in Ed Dubinsky's fight with unions was written today when Federal Judge Otis granted a tem- porary injunction to Dubinsky Broth- ers against the I.A.T.S.E. and one member of the musicians' union en- joining them from committing violent (Continued on page 12) Hess Code Analysis Stirs Allied Satire Washington, March 13. — "We were glad to read in the trade papers this morning," says the latest Allied bulletin, "that none other than the illustrious Gabriel L. Hess of the Hays office was the one chosen to defend'the motion picture code against (Continued on page 4) MOTION PICTURE DAILY 1 Wednesday, March 14, 1934 MOTION PICTURE DAILY (Registered U. S. Patent Office) Vol. 35 March 14, 1934 No. 60 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. Clifford, manager; London Bureau: 6 Brookland Close, Hampstead Garden Suburb, Bernard Charman , Representative; Berlin Bureau: Berlin-Tem- pelhof, Kaiserin-Augustastrasse 28, Joachim K. Rutenberg, Representative; Paris Bu- reau: 19, Rue de la Cour-des-Noues, Pierre Autre, Representative; Rome Bureau: Viale Gorizia, Vittorio Malpassuti, Representative: Sydney Bureau: 102 Sussex Street, Cliff Holt, Representative; Mexico City Bureau: Apartado 269, James Lockhart, Representa- tive; Glasgow Bureau: 86 Dundrennan Road, G. Holmes, Representative; Budapest Bureau: 11 Olaaz Fasor 17, Endre Hevesi, Representative. 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 Sails Mar. 17 According to present plans, Harry M. Warner, accompanied by Sam Sax, production chief of the Brooklyn Vitaphone studios, will sail March 17 on a four or five weeks' tour of Europe. Cohen Coming East Hollywood, March 13. — Emanuel Cohen will start east March 21 for a five-week stay in which he will settle next season's details. Stanley Lupino on Own London, March 13. — Stanley Lupino plans his own company to star him self in three features a year. MOTION PICTURE ALMANAC 1934-35 NOW /A/ PMPA/IA r/ON WHERE THE WORLD LOOKS FOR. MOTION PICTURE PRICE »C22 Insiders' Outlook TWO local circuits are being watched by the NRA and may get into serious trouble if they don't cut out breaches in the code. One circuit is said to pay its relief ushers in passes and no currency changes hands. Another circuit, independent, is said to pay some of its manag- ers $30 a week and force them to sign pay vouchers stating they get $40. Two local circuit in- dependent operators were threat- ened with indictments unless they cut out "two-for-one" admissions in the form of "courtesy" passes. Both men abandoned the gag. . . . T Little known fact : That dis- tributors operating in Kansas re- cently considered withdrawing. Censorship was advanced as the reason. Whether they meant it or not, some of the important dailies throughout the farming belt whipped themselves into a mild froth over the near or not so near step. There is the Topeka State Journal, for instance, which went into a two column yarn de- tailing complaints against cen- sors and adding that, if distribu- tors made good their threat to call a film strike, "such a storm of abuse would be heaped on the censors' heads by enraged citi- zens that the present board soon would be asked to resign." May- be that's something to the tech- nique. . . . T Cute coast practice these days is to buy stories previously made abroad and remake, after brush- ing up and changing, in Holly- wood. Four recent releases from three different majors, definitely fit into this classification. . . . Out of the mailbag : "As one of the oldest theatre operators in the Northwest, I still have a lot of confidence in this business and feel that if the proper showman- ship is applied, it is still a great business to be in." — Tom Saxe of Milwaukee. . . . T Inside on cartoon business, as narrated to and quoted by the Associated Press. Disney is supplying the figures. Mickey Mouse, as a profit maker, is a flop. Ditto on "Three Little Pigs" and the rest of Disney menage. The pigs Silly Sym- phony cost $60,000 to turn out, most of it due to color, although Walt didn't mention it in this in- terview. To date, his profit is about $4,000. Average rental on the Mickeys and Symphonies is $6 per theatre. . . . ▼ The public prints have it Rou- ben Mamoulian has taken himself back to the Gold Coast, his mind fixed on the idea pictures had bet- ter keep optics peeled on news- paper headlines for story ma- terial and suggestion. This type- writer hound has said that so often he hasn't the nerve to go into a return run. . . . Stories won't die that Walter Reade is making eyes — big ones — at some of the local theatres grouped un- der the banner of Fox Metro- politan Playhouses. Si Fabian, receiver, says it isn't so. . . . KANN Rosen In New G.-B. Post Sam Rosen, former Philadelphia branch manager for RKO, has been made special representative for Gau- mont British of America in the Phila- delphia territory. M. P. P. D. A. to Elect The annual meeting and election of the M. P. P. D. A. will be held March 26. All officers and directors of the association are expected to be re- elected at the meeting. Many Gains on Big Board Net High Low Close Change Sales Columbia Pictures, vtc 2SV2 2SVa 25V2 + 14 900 Consolidated Film Industries 4$6 4-5^ 4$i 200 Consolidated Film Industries, pfd 16>4 16 16J4 + H 200 Eastman Kodak 90 89M S9H — ii 300 Fox Film "A" 16J4 155* 16 + 14 1.700 Loew's. Inc 33^ 3244 33^ + H 32.700 Paramount, cts 5H 5 5}4 + Vs 20.400 Pathe Exchange 3?4 354 V/2 1,700 Pathe Exchange "A" 19^ 19J4 195/6 3.300 RKO M 354 3*6 1.800 Universal Pictures, pfd 33 33 33 +1 1.000 Warner Bros 7'A (>% 7 5,700 Technicolor Up Y2 on Curb Net High Low Close Change Sales Sentry Safetv Control H H $i 1 Technicolor 9Va 9 954 + Vz 9 Trans Lux 2Vs 2Vi V/t — Vt 2 Bonds Show Heavy Gains Net High Low Close Change Sales General Theatre Equipment 6s '40 10 9 10 + % 15 General Theatre Equipment 6s '40, ctf 9'4 9J4 9% + % 1 Keith B. F. 6s '46 64 64 64 +V/2 3 T.new's 6s '41. ww deb rights 98 9634 975/6 +1% 51 Paramount F. L. 6s '47 47 45/2 47 +214 18 Paramount Publix SV2s '50 48 47 48 +2 15 Warner Bros. 6s '39, wd 58 5614 57^ +V/2 96 i Purely- Personal ► HARKY WARNER, Al JoLsof . Marvin Schenck, George White, Louis K. Sidney, Bert Lahh and Charlie Moskowitz were arnon^ the ringsiders in Madison Square Garden Monday night rooting for the Golden Glovers. Phil Reisman, Howard Dietz, Harry Thomas, Gene Picker, Ed Daviijow, Lee Ochs, Louis V. Blumenthal, Leo Klebanow. Billy Frankel and Emil Jensen were among those who lunched at the M- P. Club yesterday. Charlie Ford, Universal Xewsreel business manager, was the real victim of a birthday surprise party the other night when 20 friends arrived and found him in shirt sleeves on the par- lor floor repairing a radio. R. H. Cochrane was back at his desk yesterday following an illness o) two weeks and found so much work piled up he was unable to attend number of scheduled meetings. James Loughborough is in Cleve- land handling the opening of "Thi House of Rothschild" at the Ohi > Al Selig is in Boston on the sam< job at the Majestic. Mo Wax and Ronald Bank an working on a film story of the Frenri Stavisky scandal called "The Boule vard Swindler." Joe Bernhard is expected bad! from his inspection trip to Warne west coast theatres about the middl of next week. Agnes de Mille arrives from Lon don on the Paris today and will leav for Hollywood to begin work in Par amount's "Cleopatra" at once. Aline MacMahon, now finishin work in "The Happy Family" fo Warners, expects to reach New Yor a week from Saturday. Fred McConnell is back in tow following a seven weeks' sales tri all having to do with Van Beure shorts. Natalie Messenger will intervie- players over Station WOR at 2:3 every Sunday afternoon. Elizabeth Cobb's "She Was Lady" has been purchased by Fo: Helen Twelvetrees will be feature Vincent Lawrence has sold "Sot Grapes" to Radio as a second starrin vehicle for Clive Brook. Dore Schary and Lewis Fosti have sold "The Love Life of a Sailor to Universal. Arnold Bennett's "Sacred ar Profane Love" has been sold ' M-G-M. Al Sherman is writing Al Joi son's biography. Roy Disney is in town on busine for his brother Walter. T. J. Unger shakes the dust fc Miami the latter part of the weel Harry A. Ross is back from a tri to Florida. Lou Diamond is due in from Ho lywood late next week. Lanny Ross arrives from the coa^ tomorrow. FOX FILM announces that the title "FOX FOLLIES" has been changed to STAND UP and CHEER • Owing to another company's unauthorized use of the word "Follies" in a picture title, and its subsequent con- tinued use of a similar title, FOX has decided to change its own title of "FOX FOLLIES" to "STAND UP and CHEER!" • FOX retains the right to use "FOX FOLLIES," or any variation of that title for any future pictures. • Because the other company's picture has already played in many places under the "Follies" title, we feel the use of "FOX FOLLIES" would be confusing to motion picture theatre-goers, and tend to give the impression of a return engagement rather than an entirely new picture. • Therefore, for the protection of those exhibitors play- ing our picture, FOX finds it compulsory to make this change of title. MOTION PICTURE DAILY The Key to the Boards How to identify official appointments to code boards: Grievance Boards 1. Representative national distributor, affiliated. 2. Representative distributor, unaffiliated. 3. Exhibitor, affiliated. 4. Exhibitor, unaffiliated. Clearance and Zoning Boards 1. Representative national distributor, affiliated. 2. Representative distributor, unaffiliated. 3. First run exhibitor, affiliated. 4. First run exhibitor, unaffiliated. 5. Subsequent run exhibitors, unaffiliated. 4 N. Y., Phila. Only Boards Now Unnamed (Continued from page 1) and the problems are many. A re- quest may be made to the division ad- ministrator to supplement the code for additional boards. Also announced yesterday were re- placements on various boards because of declinations. Twenty-nine impar- tial members were announced, one a replacement because of resignation. The six complete boards made pub- lic yesterday are as follows : Boston Grievance 1. Thomas B. Spry, Warners. 2. Herman Rifkin, Monogram. 3. John M. Brennan, Loew's. 4. Martin Touhy, Pawtucket. Impartial Member — George R. Far- num, attorney ; former assistant United States attorney. Clearance and Zoning 1. R. C. Cropper, RKO. 2. John Dervin, United Artists. 3. Martin J. Mullin, Publix. 4. Max Levenson, Boston. 5. Charles Hodgdon, W akefield ; Frank Lydon, Boston. Impartial Member : Judge Robert Walcott. San Francisco Grievance 1. Charles H. Muehlman, Warners. 2. Barney Rose, Universal. 3. Cliff Work, RKO. 4. Aaron Goldberg. Impartial Member — A. C. Scales, Chamber of Commerce. Clearance and Zoning 1. G. C. Parsons, M-G-M. 2. Floyd St. John, Monogram. 3. A. M Bowles, Fox West Coast. 4. H. V. Harvey, Watsonville, Cal. 5. George Nasser, San Francisco ; Morgan Walsh, Oakland. Impartial Member — W. W. Chapin, publisher, San Francisco Argonaut. Washington Grievance 1. Robert Smeltzer, Warners. 2. Sam A. Galanty, Columbia. 3. Carter T. Barron, Loew's. 4. Herman Blum, Maryland. Impartial Member — Edmund M. Toland, attorney . Clearance and Zoning 1. Rudolph Berger, M-G-M. 2. Sam J. Flax, Liberty Pictures. 3. John J. Payette, Warners. 4. William S. Wilder, Norfolk, Va. 5. Lou Garman, Baltimore ; Sidney Lust, Washington. Impartial Member — Professor Hec- tor G. Spaulding, George Washing- ton University. Acts on ITOA Case The appellate division of the New York Supreme Court has asked the Court of Appeals to pass on constitu- tionality of the NRA act in connec- tion with Judge Collins' decision re- cently ordering 55 operators replaced in 11 ITOA theatres. Mayor La Guardia has put off until later in the week a meeting with Harry Brandt and B. Barr to discuss admittance of children under 16 into theatres providing matrons. Ten Replacements Made in 7 Cities Ten replacements and shifts have been made in, clearance and zoning boards of seven cities by Code Author- ity. Some were made as a result ot declinations and others because of shifts in standings. Other changes will be announced after the next au- thority session March 21. On the Atlanta grievance board, Herbert Lyons of RKO, replaces Dave Prince of Paramount as national arhliated distributor representative. Arthur Lucas has been named in place of Lionel H. Keene of Loew's as affiliated exhibitor. In Cincinnati W. A. Keyes of Day- ton, formerly listed as subsequent run unaffiliated exhibitor, is now first run unamiliated exhibitor. J. Real Neth of Columbus switches with Keyes and is now subsequent run unaffiliated ex- hibitor. This is for the clearance and zoning board. L. A. Kuhl of Corning, la., has re- placed Abe Frankel as subsequent run unaffiliated exhibitor on the Des Moines clearance and zoning board. The grievance board in Indianapo- lis now finds Roy Churchill of RKO instead of J. Harold Stevens of Para- mount as affiliated national distributor representative. Stevens recently was transferred to Boston. Hoyt Kirkpatrick of Ft. Smith, Ark., has replaced T. W. Sharpe of Little Rock on the Memphis clearance and zoning board. Sharpe recently sold his theatre interests. In Minneapolis, the unaffiliated ex- hibitor post on the grievance board is now filled by Edward Ruben. He replaces Joseph Friedman of St. Paul. Friedman notified Code Authority he was too busy to serve. David Nelson has succeeded Louis Ansell on the St. Louis grievance board as unaffiliated exhibitor. In some cases new men were named because of protests against appointees. "C. A." Groups Meet Code Authority committees on financing and budget and rules and regulations for clearance and zoning and grievance boards met yesterday to discuss details toward completing work on its assignments. No decision on a figure was reached on financing. The committee is working on an equitable distribution of assessment among theatres which will be gauged by the size of the town located in, particular run and capacity. The man- ual on rules is being revised and will be sent to all board members shortly. The committee on free radio shows is awaiting a report from the radio Code Authority. Group Is Named to Study 30-Hr. Week (Continued from page 1) the first branch of the industry to be studied. Exhibition and distribution investigations will follow. Study of the employment situation in Hollywood will not conflict with a report Rosenblatt will make by April 7 as a result of his recent trip to Hollywood. Hess Code Analysis Stirs Allied Satire (Continued from page 1) the criticism lately made by Allied States Ass'n. "Allied having met President Roose- velt's test by filing concrete sugges- tions— eight of them — the cry of 'de- structive criticism' could not be made. It was necessary to file a brief on the merits. Appropriately enough, Gabe Hess was chosen for the task. We say 'appropriately' because we think an author is the best expositor of his own works. We do not know for certain that Gabe wrote the code, but Allied men found him very 'preva- lent' in the precincts where the job was supposedly done. And, certainly, the results were all that he could have asked." Carr Insists Upon Observance of Code Hollywood, March 13. — Drastic action against any of its members who wilfully violate the industry code was promised at the last meeting of the Independent M. P. Producers' Ass'n., by Trem Carr, president. Carr stated it was the belief of the organization that the NRA code de- serves a fair trial, in spite of the in- creased cost of production, that the organization would not countenance any violation of the code on the part of its membership. Sound Men Line U p Group Like A.S.C. (Continued from page 1) tographers. When fully organized they say they will attempt to negotiate their own studio agreement along lines similar to that agreed upon between the A.S.C. and studios for camera- men. Several major producers are said to be in favor of the movement. It is said that about 75 men have been lined up as the nucleus of the new organ- ization. Wednesday, March 14, 1934 Impartial Men Are Named in Eleven Cities (Continued from page 1) Joseph Marx, Solo Manufacturing Co., on clearance and zoning. Dallas— S. E. Tigert, Tigert Pub- lishing Co., on grievances. Capt. J. F. Lucey, Lucey Manufac- turing Co., on clearance and zoning. Des Moines— Dr. Arthur A. Mor- row, Dean Drake University, on griev- ances. Clyde Hulsizer, Des Moines, on clearance and zoning. Indianapolis — George S. Olive, ac- countant, on grievances. Paul Richey, Russell Seeds Co. clearance and zoning. Kansas City — Thomas Finnegan district representative Collier's, orJ grievances. E. A. Wilkie, furniture dealer, oj clearance and zoning. Los Angeles — Bernard Kreiselmann research engineer, on grievances. W C Mathes, attorney, on clearance anc zoning. Memphis— Max Bresler, attorney on grievances. Frank Sturm on clear ance and zoning. Nezv Haven — Professor Wesley A< Sturges, Yale University, on griev- ances. George S. Stirling, Stoddard i Williams, investment bankers, oi clearance and zoning. Omaha — Henry Monsky, attorney on grievances. G. F. Nye, city off} cial, on clearance and zoning. Salt Lake City—M. A. Keyser, for mer president Chamber of Commerce replaces Samuel C. Powell on griev ance. St. Louis— Robert Burnett, Linda!- Towers, on grievances. Francis E Stout, attorney, on clearance and zon ing. Seattle — Judson T. Jennings, publi library, on grievances. O. J. C. Dul ton, retired banker, on clearance an zoning. Craver Operator of 6 Southern House Charlotte, March 13. — Sam V Craver, who has replaced W. H. Hei dricks on the Charlotte clearance ai zoning board, has been engaged the business in this territory for mat years. He started his career with 1 D. Craver, operating the Piedmo Amusement Co., of Charlotte, follo\ ing which he operated the Rex he for eight years. About three yea ago he formed a corporation of whii he is now president, Craver Theatre with headquarters in Charlotte. T corporation operates a group jfl houses in this section including, t'M Wells (1,300 seats) and Cavali I (500), Norfolk, Va., Wake (80( Raleigh, N. C, Strand (350), Ash ville. N. C. Paris (500), Greenvil S. C, and Tennessee (500). Johns City, Term. Assents About 9,000 About 9,000 unaualified assents w« in hand by the Code Authority up vesterdav. The final count will known at the end of the week wr. compliances from the far west arri Wednesday, March 14, 1934 MOTION. PICTURE DAILY Vitaphone Not to Slash Its Program Vitaphone plans no reduction of short subject schedules next season, it was learned yesterday. A numer- ical repeat of the current season's schedule of 130 one and two-reelers, including 13 "Looney Tunes" and 13 "Merrie Melodie" cartoons is about set. Several leading short subject pro- ducers are discussing a curtailment of production for next season due to the spread of double featuring. Para- mount recently announced that it would release fewer shorts next sea- son under plans which call for drop- ping of all subjects from outside pro- ducers. U. S. Supplied 50 Of Hungary's Films Budapest, March 13. — Censor fig- ures for 1933, just published, show that nearly half of all films shown in this country came from the United States. There is a marked increase since the previous year, due to the fact that German imports have fallen back con- siderably. This is accounted for by 1 the German political situation and also by the circumstance that the drop of the dollar makes American films cheaper than they were. Importance is added to these figures by taking j into consideration that 38 per cent of the Hungarian population understands German, whereas less than two per cent has a command of English. Local product supplied 11 per cent of all films shown in this country during : 1933. Higher Education Washington, M arch 13. — "Allied exhibitors are being educated not to commit sui- cide with a fountain pen — al- though at this time little in- struction is necessary." That's the way a section of the latest Allied bulletin reads. "It is believed," the bulletin goes on, "that as a result of these studies the exhibitors will be able individually to resist deals which will put them out of business." the presentation of a double bill, "Southern Alaid" and "The Morning After," which were the attractions for the formal opening of the Carl- ton, Toronto, first of a circuit known as Hanson Theatres. Ltd.. sponsored by Oscar Hanson. The Carlton has had four weeks of exclusive British first runs, changed weekly. Henius Making Film At Tirwa Raj, India Tirwa Raj, Farrukhabad, U. P. British India, March 13.— Wolff M. Henius, formerly connected with the Paramount production department at the Joinville studios near Paris, is here supervising what is said to be the first sound film produced with Hindustani dialogue. With him is Ted Pahle, former Paramount ca- meraman. The picture is to be called "Xuri " Practically all the scenes will be ex- teriors and among the backgrounds will be the Taj Mahal. New Zealand Wants 25% Cancellations Washington, March 13. — Can- cellation privileges up to 25 per cent on British as well as American films are to be sought by New Zealand ex- hibitors, according to reports from Vice-Consul W. W. Orebaugh to the Department of Commerce. At present cancellations of 12'/> per cent are allowed on American films, but British product has in- creased to the point where exhibitors feel they should have uniform privi- leges on all product. U. S. Films Gaining In the Netherlands Washington. March 13. — Ameri- can films have increased in the Netherlands during the past year, states the Department of Commerce in making public reports from Vice- Consul W. M. Chase at Amsterdam. This is due largely to the decline in German showings, as practically the only films shown in the country arc American or German, although an increase in French bookings is looked for this vear. British Films Are Tried in Montreal Montreal, March 13.— The British film policy has spread to Montreal where it has been adopted by the Em- press, a unit of Confederation Thea- tres, Ltd., in the English-speaking- West End of Montreal. The policy was inaugurated with Germans' Foreign Film Trade Falling Washington, March 13. — Reports to the M. P. Section of the Commerce Department from Commercial Attache Douglas Miller in Berlin, indicate German film exports registered a sub- stantial decline in 1933 from the pre- ceding year. Both imports and exports of raw stock and positive fell off heavily. Total imports of raw stock in 1933 amounted to approximately 16.800.000 feet, valued at approximately $501,600. In 1932 the footage was approximate- ly 27.729,000 feet, valued" at about $924,000. "Rothschild" Opening "The House of Rothschild," George Arliss' first for 20th Century, opens tonight at the Astor with the usual bright lights and film and stage celeb- rities. United Artists claims seats are selling two weeks in advance and four shows will be given on Saturday and three on Sunday. Ampa to Nominate Nominations for new officers of the Ampa will be held tomorrow when the organization holds a closed meet- ing at the M. P. Club. John C. Flinn will preside. To Team O'Brien-Cagney Hollywood, March 13. — Warners will co-star Pat O'Brien and James Cagney in a sea story titled "Hey, Sailor." It is an original by Ben Markson. Current Percentage Deals Hit by Allied Washington, March 13. — "Ex- cessive percentage contracts are by far the greatest menace confronting exhibitors today," according to the Allied bulletin out this week. "Their feeling on the subject was aptly summarized by a New Jersey exhibitor recently. He said that even if the code conferred all the benefits claimed by its advocates, it would still be a matter of indifference unless he could get relief from the percentage contracts which were gradually smothering him to death." The bulletin then quotes the exhib- itor as follows : "If I am required next season to sign contracts similar to those I now have, I will not be in business to enjoy any of the alleged benefits or suffer any of the manifest injustices of the code. The code has now ceased to be my headache." Salt Lake Managers Protest Ordinance Salt Lake City, March 13. — Man- agers of four Logan theatres have pro- tested to the City Commission against a new ordinance which requires a city examination and a $5 license fee for operators. The ordinance was put over with the backing of the union. "We feel," says the protest, "that this will work a great hardship upon theatre owners. We have all owned and operated theatres for a long time and our experience is that every mo- tion picture operator we have h'red we have had to train. Because of the many years of experience we have had we feel we are the best judges of who is capable of best serving us as operators." Coast Indies Delay On Writers' Pacts Hollywood, March 13. — Overtures on behalf of the Screehx Writers' Guild to negotiate a standard contract for free lance writers was tabled at the last meeting of the Independent M. P. Producers' Ass'n. until the next meeting. It is believed I.M.P.P.A. is await- ing to see what recognition the guild will receive from major producers before going on record as accepting any standard contract designed to meet their requirements. Columbia Doubling Staff for "Glory" Columbia is doubling the exploita- tion force on "No Greater Glory." On three test dates out of town, Ed Olm- stead and Budd Gray will cover the Akron opening ; Ralph Gervers and Les Kaufman, Hartford, and Harold Harris and Ben Atwell, Washington. Dismiss Ohio Sound Suit Cincinnati, March 13. — ; Judge Robert R. Nevin of the U. S. Dis- trict Court has entered an order dis- missing the suit of General Talking Picture Machine Corp., New York vs. D. F. McCoy, operating the La Max, Wilmington. O.. and the Clin- ton County National Bank, co-de- fendant, seeking damages of $2,500 plus interest and costs for alleged breach of contract covering sound equipment. Studio Agreement Extended 2 Years (Continued from page 1) and Helpers and the I. A. T. S. E. has been extended for two years, with no changes save those required under the code. The I. A. T. S. E. is not included in the extension because it is regarded as having broken the agreement dur- ing the strike of last year. The ex- tension becomes effective midnight, Wednesday. Pat Casey, representing labor for the producers, said today : "There has also been an agreement entered into between the I. B. E. W. and producers covering minimum wages, maximum hours and working conditions for electrical workers employed in studio sound departments. This agreement has been ratified by all signatories of the basic agreement and also runs for two years." Free Tickets Cause Big Stir in Toronto Toronto, March 13.— A simple plan to do a good turn for the unem- ployed by the distribution of theatre passes by the Citizens Friendship League has resulted in a near-scandal in local political circles. A threat by theatre owners to re- fuse to honor further complimentaries brought about an inquiry which indi- cated that needy families were not getting their week's recreation. Al- derman Kirby of Toronto claimed that pass-users were driving up to theatres in automobiles. Some of the passes had the names of local poli- ticians stamped on the back while it is claimed that some officials of the Friendship League are also officers of ward political associations. The league has been distributing 3,000 tickets weekly and exhibitors, including the independents, felt they were doing something tangible for the unemployed, but the plan has ap- parently gone haywire. Political bosses, it is said, started to hand around the tickets as favors to "friends" whether out of work or not. The theatre welfare work was really established by Col. John A. Cooper, president of the Citizens' Friendship League and alsp president of the M. P. Distributors of Canada. He is down in Halifax at the moment. K. C. Premium Case Ends in Dismissal Kansas City, March 13. — Acting under instructions from the solicitor of the Department of the Interior, the U. S. district attorney's office here has dismissed an indictment against Rufus H. Limpp, filling station owner of King City, Mo., who was charged with violation of the NRA petroleum code in giving away tickets to the Lucille Theatre at King City as a premium with each $5 purchase of gas or oil. The case was dismissed because of varying opinions held by district judges in different parts of the country on the constitutionality of the law regulating intrastate commerce. Mar. 21 Stands for ITOA Because Mayor La Guardia could not attend the banquet next Monday, the ITOA will hold its installation of officers on March 21, as originally planned. ^i'(7~\s Uhe &arll\ &urns ran he profitably solJ as lie ffirsi cBunUess (^Picture. (SompleU material from ilie recorJ-lreadmg alias campaign, available now from Q)]Parner £Bros.' &\Jver- Using (Dept., will show you how. is not an accident. Q^eaven gave lier beauty ... Spraining gave her Q^eckniq[ue . . . Qffiarner <^j3ros. gave her Experience. (Of)nly a rick variety, of previous role assignments, under ike tutelage of ike industry s most asivde directors, con ave prepared tins new ff\mencan star for ike remarLable triumph ke lias already scored in the CJ)allas and (fjjanbiiry test engagements of AS THE EARTH TURNS QlPilh CDonaU QJPooJs, SRussell 0€arJie, Smily jSownj, Arthur ^ftoM, (Dorothy ^Pelerson, CDaviJ jSaniau. (Slara ^BlanlicL QFrom ike hesl-seUer lij Qla± bin Indies Are Silent On Buying Combine {Continued from page I) of those who ultimately might be en- rolled in the ranks. The impression afloat that selling will not get under way until July this year gives proponents of the move sufficient time to get organized, it is declared by one on the inside, pro- vided there proves to be something to organize about. Some Bull! Hollywood, March 13.— Un- cle Cecil B. DeMille is look- ing for a bull with a back wide enough for niece Agnes de Mille to dance on — a do- cile bull, preferably black. Dubinsky Wins Stay Against Union Acts {Continued from page I) or fraudulent acts against the Dubin- sky circuit. Dubinsky says the injunction sets a precedent under the Norris Act ban- ning Federal labor injunctions unless violence is proved. The court order contained a de- nunciation of union tactics. St. Louis, March 13.— The Re- gional Labor Board has certified to the National Labor Board at Wash- ington the Dubinsky case at St. Jo- seph, Mo. This action has been taken as a result of Dubinsky' s rejection of the regional board's ruling that the matter go to arbitration, that two men be used in a booth, and 13 discharged men be reinstated pending the final decision. The national board is ex- pected to hold an early hearing. St. Louis Awaits Next Skouras Move Delay Is Granted in Portland Union Row Portland, Ore., March 13. — Fed- eral Judge Fee today granted local projectionists three weeks to file an amended complaint in their suit against John C. Stille and John W. Martin of the Pantages charging the theatre failed to live up to the labor provisions of the code. The judge granted a motion of the defendants to vacate an order to show cause why a temporary restraining order should not be issued. He also allowed a motion to dismiss the bill. Following testimony by both sides today before the local NRA authori- ties, full details of the case were trans- mitted to Washington for final de- cision. This has the appearance of a test case between theatres and oper- ators. (Continued from page 1) trol in the three big houses without some kind of a fight. Any deal for control of the houses must have court approval because the controlling com- pany, Skouras Brothers' Enterprises, is in receivership. F. & M. have given notice to the stage help at the St. Louis, effective March 23, and Charles M. Kurtzman says a straight film policy will be started. The Fox, also operated by F. & M., abandoned stage shows sev- eral weeks ago. In the meantime Warners have a large force getting the Shubert-Rialto ready for opening with "Wonder Bar" on March 31. Rutenberg's Detroit Booking Suit Ended (Continued from page 1) leged effort to prevent him from get- ting film for the Iris has been with- drawn. He has been granted mem- bership, formerly refused. The suit had been filed in combina- tion with Julius Fischer of the Plaza, and it is expected that Fischer's case will be withdrawn this week. The suits of John O'Dell, head of a circuit of three houses, and of the Mayfair, slated to come up March 20, may be postponed due to a petition to change them to the law side of the court and have a trial by jurv. The suit of Sam Brown for $180,000 in Federal Court will not be with- drawn, it is stated. NewCo-op Company Now Being Formed A new producing and distributing company, now known as Royal Pic- tures, although its name may be changed, is in formation to produce a minimum of 18 pictures the first year and 24 annually thereafter. Emil Ellis, attorney, is one of the prime factors in the new organiza- tion and is active in arranging the necessary financing. Adolph Pollak will be president of the producin ' companv, which plans to spend between $30,000" and $40,000 on each picture, according to the companv sponsors. Distribution will provide for a five- year franchise and a control system which will keep management in New York while franchise-holders through- out the nation continue to operate i dividuallv. It is also planned to cut them in on the profits of the prod-k- ing company up to 50 per cent. Thus, if the producing unit makes $100,000 a year and New York is set down as a 20 per cent territory, the local dis- tributor will get $20,000 as his end of the earnings. Each franchise-holder, it is provided, is also to contribute toward a national deposit fund placed at $100,000 minimum and $250,000 top. Phil Meyer has closed for New- York and Century Pictures of Boston for New England. It was declared for Royal Yesterday that 80 per cent of the nation already is set on dis- tribution. St. Louis Labor Fight Goes Under Advisement St. Louis, March 13. — Following a hearing today, the Regional Labor Board took under advisement the com- plaint of the I. A. T. S. E. that three operators employed by the Ritz and Roxy in Blytheville, Ark., were dis- charged for joining the local union in Salem, Mo., w-hich has jurisdic- tion in that territory. The union asked that the men be reinstated and granted back pay from Jan. 7 and 9. The charges were de- nied by Mr. and Mrs. C. W. Mc- Cutchen, owners and managers of the theatres. Writers' Guild Row Stirs Free-for-All (Continued from page 1) so-called "Liberal" ticket as a can- didate for the executive committee. He said that he was a member of the Academy and believed that more could be accomplished through the Academy conciliation committee than through an organization which is con- stantly in turmoil, with no apparent prospect of agreeing on a solid front. Fox to Sell Lloyd Picture Separately Harold Lloyd's first release for Fox. "The Catspaw." will be sold in- dividually and not as a part of the company's 1934-35 releases. The pic- ture will be completed next month and will be screened at the Fox convention, date of which has not been set. Hollywood. March 13. — Produc- tion on Harold Lloyd's "The Cats- paw" has again been postponed, due to the illness of Director Sam Taylor. The picture is now three weeks behind schedule. Tracy Signs with "U" Hollywood, March 13. — Lee Tracy has signed a two-year contract with Universal calling for three pictures a year, with the right to sign with other companies when he is not work- ing for "U." Pick Laughton's Next Hollywood, March 13. — Paramount has bought "The Prince of Darkness," an original by Harry Hervey, for Charles Laughton's next. Wurtzel East Saturday Hollywood, March 13. — Sol Wurt- zel leaves for the east Saturday for a two weeks' pleasure trip to New York. Lines Up Accountants Hollywood. March 13. — The Acad- emy of M. P. Arts and Sciences has made arrangements for six Ambassa- dor Hotel accounting girls and a cer- tified public accountant, impartial to the picture business, to count ballots at the Annual Awards Banquet to be held there March 16. The Wampas met tonight to nominate 27 candidates for Baby Stars. Nominees are to be named Thursdav. Gets Detroit Trans-Lux Detroit, March 13. — The Trans-Lux built and operated here last season by the Daylight Theatres, Inc.. which has been closed for several months, has been leased by William A. Lon- don, operator of the Gladwin Park and several other houses. London will increase the present 300-seat ca- pacity by an additional 400 seats Lawrence Lehman Better Kaxsas City, March 13. — Law- rence Lehman, manager of the RKO Mainstreet. has left Menorah Hospital where he spent two weeks for obser- vation and treatment, and is expected to return to his post at the theatre in a few days. Meanwhile, Louis E. Mayer, recently • with RKO in New- York, is pinch-hitting for Lehman. — - mi I The Leading Daily « Newspaper^ or tne ivioxiori Picture Industry MOTION PICTURE DAILY Alert, Intelligent and . Faithful Service to the industry in All Branches )L. 35. NO. 61 NEW YORK, THURSDAY, MARCH 15, 1934 TEN CENTS ox 39-Week Profit Up to 1,410,793 mtrasts with $557,122 Loss in 1932 Period *or the 39 weeks from the April 1 irganization to Dec. 31, 1933, Fox ill Corp. yesterday reported a Bit of $1,410,793 after all charges, is contrasts with a net loss of 595,100 for the 40 weeks ending c. 31, 1932. During the first quar- of 1933, prior to the reorganiza- l, there was a loss of $557,122. Gross revenues for the 39 weeks iling Dec. 30, 1933, was $24,288,824, increase of $4,058,924 over the same iod for 1932. rhe 40-week profit represents 58 (Continued on page 7) riple Bill Scare Herring" — Golden The charge that the triple feature care" now reported in several sec- ns of the country is a campaign l-neuver of the opponents of double j tures designed to discredit the dual iky was made yesterday bv Ed- rd Golden, Monogram sales man- 'er. Golden said he would expose I (Continued on page 7) ent Tax Is Urged At Senate Hearing Washington, March 14. — A fiat one it tax on all admissions, regardless price, today was proposed to the nate Finance Committee during its irings on the new tax bill by John Kelly, representing the circus in- ■ests. -"rotesting against application of (Continued on page 7) roducers Join for leception to MPTOA Hollywood, March 14— In order prevent any one studio from mak- l any grand stand plays in enter- ing delegates to the forthcoming P.T.O.A. convention here next With, a general fund will be con- buted to by all the producing pr- nizations and the entertainment itralized under the management of committee designated by the Pro- cers' Ass'n. jack Lewis of the :al Hays office is now in charge of - preliminary arrangements. Code Authority Assessments May Be on 9-Month Basis Basis for code assessments is being considered on a nine-month schedule, the same type of bookkeeping employed by several of the larger circuits and many individual theatre operators. Those circuits which subscribe to this plan usually charge off rent for the three summer months against the rest of the year. It is figured by some that on this basis operating expense of the code would amount to around $360,000. However, if more than the stipulated figure is needed, it will be charged against the three months not originally included in the plan. Code Authority unofficially computes the assessment per individ- ual theatre will be small and that it will be collectable only twice a year to keep collection costs at a low figure. Autonomy Is Keynote for Board Rules Local autonomy in operation will be the highlight of the manuals on rules and regulations for clearance and zoning and grievance boards, the text of which will be released for publi- cation Monday. Each of the manuals will be around 1,500 words and in- cludes the oath all members of the boards are to sign, rules on organiza- tion, operation, hearings and decisions. Secretaries for the boards will be recommended by the boards themselves (Continued on page 6) Coast Cut to 34-Hour Week Held Possible Hollywood, March 14. — Local ob- servers are viewing the recent appeal of President Roosevelt for shorter hours and higher pay with great in- terest. Studios are now working on a 40-hour basis and it is felt that, while no agreement will be reached to cut hours to 30, a compromise may be effected to bring the total to 34. Harold S. Bareford, George J. Schaefer and Charles L. O'Reilly, (Continued on page 6) Who? What? When? Who are the latest appointees on code boards announced by Code Authority in New York on Tuesday? These thumbnail sketches, gathered by Motion Picture Daily correspondents and reported by telegraph yesterday, furnish the answer : Cincinnati Cincinnati, March 14. — Joseph Marx, impartial member on clearance and zoning, was born in Alexandria Nov. 30, 1899. He is vice-president and general sales advertising promo- tion manager of the Solo Mfg. Co., makers of plastic rubber goods. For nine months in 1919 he was a Paramount salesman, covering Ken- tucky under W. B. Bachmeyer, branch manager. He was president of the Marx Flarsheim Advertising Agency from 1922 to 1931 and has held his present position for three years. Kansas City Kansas City, March 14. — Thomas T. Finnegan, impartial grievance board member, is district manager for (Continued on page 6) Keyser Refuses Salt Lake City, March 14 — M. A. Keyser, former presi- dent of the Chamber of Com- merce, who was announced as Samuel C. Powell's successor as impartial member on the local grievance board, told Motion Picture Daily today he had refused the post. Code Authority stated yes- terday no word of Keyser's refusal to serve had been re- ceived, and that, if a declina- tion is made, a successor will be named at the Authority's next meeting on March 21. Impartial Men May Be Asked To Conference Session Expected After Trial Operation Following a trial operation of clear- ance and zoning and grievance boards, a general meeting of all impartial members _ throughout the country looms, it is understood. The purpose, it is said, will be to get ideas from the outside men on how the boards are functioning. Already appointed are 56 men, with eight yet to be named. Six of the eight will be named for the boards in N. Y., Minn, and Philadelphia. The other two will be men to sit on Code Authority with Division Administra- tor Sol A. Rosenblatt. One of the two appointees for Philadelphia is understood to be Col. Harry B. (Continued on page 6) Alternative Plans Up on N. Y. Boards Because of the complexity of the Greater New York situation, the code committee on boards is mulling over two plans for setting up clearance and zoning and grievance boards. One is to have a main board and three advisory committees for both clearance and zoning and grievances. (Continued on page 7) Seattle Is Satisfied With Board Makeup Seattle, March 14. — Personnel of the grievance, clearance and zoning boards in the Seattle territory is gen- erally satisfactory to exchange men and exhibitors. The general opinion locally is that NRA code regulations and enforcements will be in capable hands here. Among the theatre men John Ham- (Contmued on page 6) Would Alter Chicago Newsreel Censorship Chicago, March 14. — An amend- ment to the censorship ordinance keeping newsreels from the censor's shears was introduced in the city council today by Alderman James Moreland. The action is an out- growth of the Mayor's recent edict forbidding riot scenes to be shown in local theatres. MOTION PICTURE DAILY Thursday, March 15, 193 MOTION PICTURE DAILY (Registered U. S. Patent Office) Vol. 35 March 15, 1934 No. 61 Martin Quigley Editor-in-Chief and Publisher MAURICE KANN mra Editor \jkf 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- CAGO AN. Hollywood Bureau: Postal Union Life Building, Vine and Yucca Streets, Victor M. Shapiro, Manager; Chicago Bureau: 407 South Dearborn Street, Edwin S. Clifford, manager; London Bureau: 6 Brookland Close, Hampstead Garden Suburb, Bernard Charman, Representative; Berlin Bureau: Berlin-Tem- pelhof, Kaiserin-Augustastrasse 28, Joachim K. Rutenberg, Representative; Paris Bu- reau: 19, Rue de la Cour-des-Noues, Pierre Autre, Representative; Rome Bureau: Viale Gorizia, Vittorio Malpassuti, Representative: Sydney Bureau: 102 Sussex Street, Cliff Holt, Representative; Mexico City Bureau: Apartado 269, James Lockhart, Representa- tive; Glasgow Bureau: 86 Dundrennan Road, G. Holmes, Representative; Budapest Bureau: 11 Olaaz Fasor 17, Endre Hevesi, Representative. 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. Roxy Plans London Venture on His Own London, March 14. — S. L. (Roxy) Rothafel, denying reports today that he was associated with Douglas Fair- banks, Sr., in plans to create a Lon- don "radio city," asserted he was ne- gotiating solely on his own. He said upon his leaving for America to- morrow he would release a statement on the results of conferences he has had with several British organizations. He was certain there would be a Roxy theatre here. Pinnacle Closes Deals J. D. Trop, president of Pinnacle Productions, has closed territorial re- leasing deals for "Hired Wife" and "Chloe" with Arthur Greenblatt, Inc., New York; Gold Medal Film Co., Philadelphia ; Excellent Pictures Corp., Detroit; B. N. Judell, Inc., Chicago, St. Louis and Milwaukee ; Majestic Pictures, Cincinnati; A. C. Bromberg Attractions, Atlanta, and Far West Exchanges, Inc., Los An- geles and San Francisco. Franklin to Coast Harold B. Franklin leaves for Hollywood this afternoon to further along his production plans. He ex- pects to be away about four weeks. BEN BLUE Under Contract WARNER BROS. VITAPHONE STUDIO Now Making Personal Appearances in England Direction of JOE RIVKIN — Leo Morrison Agency Looking 'Em Over "Le Serment" (Protex Pictures) "Le Serment" ("The Pledge") is handicapped in its invasion of the American market at the outset by the fact it is a French-language film without a single English subtitle. Even Americans with a knowledge of French will find it difficult to comprehend the dialogue, which is not as clear as it should be. Probably French audiences will find it good screen fare. Line Noro, married to Jean Galland, a child specialist, is secretly in love with his brother, Samson Fainsilber, a dramatist. In a struggle to prevent her from committing suicide, her lover is killed. Two letters exchanged by them are important to the plot. In one the woman tells Fainsilber she is about to become a mother. In the other the dramatist tells her how fortunate they have been to be able to curb their passion before it went too far. When years later her letter falls into her husband's hands, he begins to doubt the paternity of the child and demands to know the name of her lover. The woman refuses until she is offered the choice of telling or loss of her child, which has been taken away by the husband, and is dangerously ill. Just as she is about to reveal the truth she discovers the second letter. This proves Galland is the father. The picture runs for more than an hour and a half and is much too tearful for comfort. Abel Gance directed this Arci production. "No More Women," yesterday's opener at the Rialto, was reviewed on March 12. "The House of Rothschild," last night's world premiere at the Astor, was reviewed by wire from Hollywood on Feb. 27. "George White's Scandals," this morning's opener at the Radio City Music Hall, was revieived by wire from Hollyzvood on March 9. "The Show Off,'' tomorrow's opener at the Capitol, was reviewed by wire from Hollywood on Feb. 27. "Coming Out Party," tonight's p-rcview at the Roxy, was reviewed by wire from Hollywood on Jan. 22. Chicago Aid Fund Gains Chicago, March 14. — For local in- dustry relief this city claims to chal- lenge the records. A year ago the first relief dinner dance netted $2,300. The next affair is set for March 23. In the meantime, at the dinner for Aaron Saperstein, $1,600 was con- tributed voluntarily. Embassy Cuts Price The Embassy, all Pathe News house, has cut its opening price to 1 P. M. from 25 to 15 cents. Pick Next for Raft Hollywood, March 14. — George Raft's next when he returns from a 10-week vacation will be "Brothers Sopek," now titled "R. U. R." Wal- demar Young is working on the treatment. M-G-M Buys Two Plays Hollywood, March 14. — M-G-M has bought "No More Ladies" and "Shining Hour," current Broadway plays. The former is for Franchot Tone and the latter for Alice Brady and Maureen O'Sullivan. Columbia Up 1 on Big Board Net Columbia Pictures, vtc Consolidated Film Industries Consolidated Film Industries, pfd. Eastman Kodak Eastman Kodak, pfd Fox Film "A" Loew's, Inc M-G-M, pfd Paramount, cts Pathe Exchange Pathe Exchange "A" RKO Universal Pictures, pfd Warner Bros High Low Close Change Sales 2754 2554 2654 +1 3,200 45/6 4?4 100 1654 1554 1654 + 54 1.600 8954 8954 8954 - 54 200 13154 13154 13154 + 54 2.000 16 155/s 15?4 — Vs 1,600 33?£ 3254 3254 -*A 7.100 24 24 24 100 554 554 554 23,300 3^ 354 354 + Vs 2,000 1954 19 19 -H 1.300 354 m 3f4 1.300 33 33 33 4,000 75* 7 2.000 Technicolor Off % on Curb Sentry Safety Control. Technicolor General Theatre Equipment 6s '40 General Theatre Equipment 6s '40, ctf. 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 Pathe 7s '37, ww Warner Bros. 6s '39, wd Net High Low Close Change Sales Vs a H 100 954 9tt - J4 400 kes Spurt Net High Low Close Change Sales 10 974 10 9 954 954 954 + 54 3 64 64 64 2 9854 98 98 + Vs 10 34 3354 33V* + 54 10 4954 47% 49 +2 45 50 4854 49 +1 28 9354 9354 9354 + 54 1 5854 58 58 + 54 111 i Purely Personal MARY PICKFORD will be gu< of honor Saturday at a lunc eon to be given by the Ass'n of F-: eign Press Correspondents at t Sherry Netherland. Ed Kuykendall was called to 1 home in Columbus, Miss., because the serious illness of his broth Kuykendall may return here eai next week. Laurence Olivier and Jill E mond are staging a dinner tonight the Warwick preparatory to saili for London tomorrow. Dr. Julius Klein, reorganizat advisor to Paramount Publix boi holders' protective committees, 1 returned from a Florida vacation. Agnes de Mille was ill with flu when she arrived on the Paris y terday. She will stay in New Y( until she recovers. Mr. and Mrs. Arch Selwyn c< brated their silver wedding annh sary with a dinner at the Warw Felix Feist is on a half-day w ration while recuperating from an i ness. Jeanne Aubert finishes work to in a Vitaphone short called 'Cl That Kiss." David Sarnoff is trade and inn try chairman in a coming Salva J Army drive for funds. Lanny Ross gets into town to He'll resume the coffee broadcast. Soudeikaine to Goldwi Samuel Goldwyn left for the c yesterday after stating that he signed Serge Soudeikaine, scenic a for the Metropolitan Opera. He act as technical consultant on "Re rection," which will be started -J 15. Soudeikaine will leave soor begin conferences with Richard Goldwvn art director. Service for Mrs. Bow Funeral services for Mrs. Marj Illington Bowes, wife of Major ward J. Bowes, managing directc the Capitol, will be held this n ing at 10 o'clock at St. Pati Cathedral with the singing of i quiem mass. The interment wi private. Postpone P.-P. Mee An adjourned special meetin' Paramount Publix creditors, sche ( for yesterday, was postponed] March 21. Krellberg Returnin Sam Krellberg, of Amusemen I curities, returns to New York | Hollywood Monday. 12th WEEK ON BROADV i Tordott Mfen JEWEL PRODUCTIONS. 723-7th Ave.. N RAFT stands today as one of the best actors on the screen . . . and given the opportunity in good stories will eventually become one of the greatest stars in the business . . t 4 J He has a tremendous following now . . . but nothing to George Raft starring picture with Adolphe Menjou and Fr They Hitched Their Wagons to a STAR ! The Paramount Theatre, New York, Paramount Theatre, Brooklyn, Newman Theatre, Kansas City and Olympia Theatre, Miami report biggest business since "I'm No Angel" on GEORGE RAFT in "Bolero" and in Los Angeles, Boston, Omaha, and Syracuse the grosses on this picture are at the season's tops! will have" . . after "THE TRUMPET BLOWS", another alee. Directed by Stephen Roberts. Released April 13th I* it's a PARAMOUNT PICTURE it's the best show in town! 6 MOTION PICTURE DAILY Thursday, March 15, 1934 Who? What? When? Impartial Men May Be Asked To Conference {Continued from page 1) Salter of Trenton tor the grievance board. He is a city official and is said to have already been advised of his appointment, although this could not be confirmed by Code Authority. Appointment of the two authority impartial observers is imminent and will probably take place within the next month. Marie Dressier and Eddie Cantor previously have been named, Miss Dressier having been ab- sent from all sessions in New York while Cantor has attended three where actors' problems came up for an air- ing. The session will probably take place around May 15, if called, and most likely will be held in Washington. No information on the move was ob- tainable at Code Authority yester- day and the inclination was to dis- count the reported plan. Autonomy Keynote For Board Makeup (Continued from page 1) and the Code Authority will make appointments. The boards are ex- pected to start functioning April 1, following announcement of secretaries. Salaries of secretaries will be gauged by prevailing scales in each territory and will be governed by salary of employes doing similar work in each area The salaries will vary for each locality. While many rules may be similar for both boards, there are some changes in the clearance and zoning which are not in the grievance regula- tions. First and exclusive indication that local autonomy is to prevail was pointed out in Motion Picture Daily on March 6. Seattle Is Satisfied With Board Makeup (Continued from page 1) rick as an independent exhibitor, stands in the highest esteem through his years of service and experience. Similarly, John VonHerberg's many years of affiliation with exhibitors and their problems makes him gen- erally acceptable. The success of John Danz as a second run exhibitor and Al Rosenberg as an executive of neighborhood and suburban houses cannot be questioned. Frank L. New- man, Sr., is recognized as an outstand- ing exhibitor who has made many friends since his arrival here about a year ago. Among exchange men, a similar situation holds true. Neal East of Paramount, Ed Lamb of RKO, L. J. McGinley of Universal and L. N. Walton of Columbia are all veteran exchange men who stand in high esteem in this territory. Concluding the group is George Endert, indepen- dent exhibitor and former exchange manager, whose knowledge of both divisions of the business is respected by his many acquaintances. (Continued fi Collier's. He is known as the "Mayor of 12th St.," and has lived in the downtown bright light district for a quarter of a century. He is a color- ful character, a bachelor, close friend of Thomas J. Prendergast, Demo- cratic boss, and has been a Demo- cratic committeeman for 10 years from the First Ward which embraces the downtown district. This district in- cludes downtown theatres and ex- changes. Finnegan was born at Napoleon, O., 57 years ago. After a grade school education he took a business course and his first job was on the Demo- cratic Northwest Napoleon, a weekly. He then went to Atchison, Kan., and later to New York. Subsequently he spent eight years in Cleveland and In- dianapolis as a credit manager. Later he was transferred here as manager for the P. F. Collier & Son Distribut- ing Corp. for Kansas and Oklahoma and Western Missouri. He has been with this company 30 years, all but one of these in Kansas City. He has a wide acquaintance among theatre men and exchange managers. He also knows Col. E. A. Schiller of Loew's. He is a member of the Elks and lives at the Baltimore Hotel. E. A. Wilkie, impartial member on clearance and zoning, is president of the Wilkie Furniture Co., interior decorators and furniture dealers. He was born in Kansas City, Kan., 44 years ago. After completing grade schools he entered the furniture busi- ness at the age of 13. He formed his own company in 1919. He organized and for three years was president of the Country Club Plaza Assn., comprising businesses in an exclusive residential section. He has held no political offices, although he has always been a Republican. At present he is a Roosevelt Democrat, because he likes Roosevelt's policies, but is independent in local politics. He says the board operation should be beneficial if based on fairness and no politics. As in the furniture business, he says, the film business has many evils which need remedying. Los Angeles Los Angeles, March 14. — Bernard Kreiselmann, • impartial grievance board member, was born in Akron 32 years ago. He received an A.B. at Akron University and later gradu- ated from the Harvard Business School and Harvard Law School. He then worked for the American Arbitration Society as an expert on arbitration and mediation and came to Los Angeles 14 months ago and became a member of the F. W. C. publicity department for a few months. Ben Berinstein and other members of the grievance and clearance and zoning boards said today they do not know him. W. C. Mathes, impartial member on clearance and zoning, also is not known by other members of the boards. He was born in Texas 35 vears ago and graduated from the University of Texas, following this with a post graduate Harvard Law School 11 years zso. He practiced law in Boston for one year and then came to Los Angeles where he has had a general law practice since. He has had very little connection with rom page 1) the film business and was surprised to learn of his appointment. Memphis Memphis, March 14. — Hoyt Kirk- patrick, one of the two exhibitors representing unaffiliated subsequent runs on clearance and zoning, is the owner and operator of the Hoyt The- atre (250 seats) in Fort Smith, Ark., and has been an exhibitor for 18 years. He also built and owns the fine Joie Theatre (500) in that city, the house being operated now under a lease to Publix on a 15-year deal as part of the circuit's partnership deal with M. A. Lightman of Malco Theatres. Kirk- patrick is viewed along Memphis Film Row as an independent. He is suc- cessor on the board to T. W. Sharp of Little Rock who recently sold his three houses. Max Bresler, who on Tuesday was appointed impartial member on the grievance board, is a native Memphian with some previous film connection. He is an attorney, 34 years old and was educated in local schools and at the University of Memphis Law School. From time to time, Bresler has represented Fox and Paramount exchanges in minor litigation. Frank Sturm, impartial member on clearance and zoning, was born in Moscow, Term., and moved to Mem- phis when four months old. He is now 48. Sturm was educated in the public schools here and spent two years at the University of Tennessee. His entire life has been spent in the banking business and he is now assistant cashier of the National Bank of Commerce, with which he has been connected for 28 years. A daughter, Dorothy Sturm, is now medical illus- trator with the bacteriological depart- ment of Columbia University. Sturm's only connection with the film business was in 1914, when, in a partnership, he leased a now non- existent neighborhood house. "It ran five months," he says. "We lost our shirts, paid the lease out and quit." He has not been advised of his appointment yet. Milwaukee Milwaukee, March 14. — Pierce H. Bitker, impartial member on the local grievance board, is a native Milwau- keean. Engaged in the retail business as head of the Bitker-Gerner Co., women's apparel shop, Bitker received his early education in local public schools, the Milwaukee Normal School and the Milwaukee Country Day School. He is a graduate of the University of Michigan, holding an A.B. degree from that institution. Bitker is active in Milwaukee civic affairs and is a member of the Milwaukee Associa- tion of Commerce Retail Credit Bu- reau Advisory Board as well as a member of the Advisory Council to Mayor Daniel Hoan. Salt Lake City Salt Lake City, March 14. — Joseph Raybourn, impartial mem- ber on clearance and zoning, was born in Kansas City in 1893 and attended public schools there as well as the University of Kansas. Early experi- ence includes six years with the Kan- Coast Cut to 34-Hour Week Held Possible (Continued from page 1) the committee appointed by Code Au- thority to study the Hollywood labor situation in an effort to conform with the President's appeal for shorter hours, yesterday requested studio of- ficials to cooperate with them and start making an analysis of the em- ployment situation on the coast Loew's Akron Censured Akron, March 14. — Loew's Akron has been found guilty of "violating the letter and spirit of Section 7 (a) of the recovery act" by the Cleveland Regional Labor Board, which has recommended that the theatre tak< back two discharged employees anc five sympathy strikers. Both Ernest Austgen, manager and W. H. Wilson, representative o the International Union of Buildup Service Employees, were censured foi their attitude. The theatre dischargee three ushers and five others wen called out on strike by Wilson. Aug sten maintained the theatre was chang ing from vaudeville to films and di' not need the workers. sas City Chamber of Commerce an a post on the Kansas City Star. Fror there he went to Chadron, Neb., a city manager. Thirteen years ago Raybourn cam to Salt Lake as executive secretar and manager of the Chamber of Corr merce and Commercial Club. He late took over management of the New house Hotel and Realty Co. here an remained in that position for aboi three years and a half. He is now executive vice-preside! of the First Security and Trust Cc president of the Teton Lodge ar Transportation Co. of Jackson Hoi Wyo., and acting assistant state a( ministrator of the Civil Works Ai ministration in Utah. Seattle Seattle, March 14. — Judson Jennings, impartial member on grie- ance, has been librarian of the Seatt Public Library for the past 25 yeai He was librarian at Duquesne, P\ in 1905, and was directing assista in the New York State Library du ing 1906 and 1907. He organized ti Fort Lewis Library and founded t library service of the A. E. F. in Ge many in 1917. He is a director a: has twice been president of the F I cific Northwest Library Assn., a I was president of the American Libra Assn., in 1923. Orison J. C. Dutton, impart U member on clearance and zoning, I a retired capitalist. He has lived * Seattle for 25 years and is a direct I of the Seaboard National and Dex | Horton National Banks. He is a 1 a former president of the City Pic ning and Zoning Commission, pre dent of the King Countv Hum; Society, chairman of the Boy Scot' district board, director of the S( | of the American Revolution, am president of the Washington St 1 Society of the Sons of the Ameri< • Revolution. MOTION PICTURE DAILY Thursday, March 15, 1934 Fox 39- Week Profit Up to $1,410,793 {Continued from page 1) lents per share on the 2,436,409 teres of Class A and B stock out- itanding. Forty-four cents per share if this was earned during the last uarter. The balance sheet total is given as ,18,264,086. This includes $5,021,932 i cash, $1,691,082 in accounts receiv- able, and inventories of $11,123,541 Igainst current liabilities of $3,910,292. 'here are no bank loans. Investments and advances to affili- ted companies, after deducting the eserve for revaluation of $14,500,000, mount to $16,623,543. Fixed .assets, after deducting the sual reserves, stand at $10,632,050. "unded debt comprises five-year six ter cent convertible debentures, $1,- 4o,600, and subsidiary realty com- anies' bonds, $2,378,075, a total of 4.124,675. The net worth of the corporation as hown by its balance sheet at Dec. 30, 933, was $35,185,569, including arned surplus of $1,674,354, and was epresented by 2,419,759 shares of 'lass A and 16,650 shares of Class B apital stock, indicating a book value f $14.44 per share. Operations of Wesco Corp. and its ubsidiaries, which include all Fox leatres, were not given, the company ointing out many units are still in ankruptcy. Fox's investments in Vesco have been written down to $1, lit advances to Wesco and F. W. C, ts principal subsidiary, are carried o the full amount with reserves for ny readjustment which may be neces- lary in ending the bankruptcies. Dent Tax Is Urged At Senate Hearing {Continued from page 1) ne 10 per cent tax on circus admis- ions, Kelly declared collections from lis source last year amounted to 380,000, which, he said, represented pproximately the loss to the circuses In their business. s The witness charged that of all the ■lm theatres in the country only about DO collect any tax under the present 3-cent exemption and asserted that )mething like $23,000,000 a year ould be collected through a one cent ix on all admissions, on the basis of 600,000 admissions a day, while by pplying that tax to all admissions as mch as $38,000,000 could be collected •om all sources. As another alterna- te to the present tax he suggested an [Kemption of 75 cents except for such .misements as are in the night-life ] ass and sporting events. \ "You would be in a stronger posi- ,on if asking for exemption for the . reus rather than a one cent tax on 11 amusements," Senator Pat Hard- en of Mississippi, chairman of the 3mmittee, commented. "Congress is . ot going to stand for that." The senator referred to the various ghts in the past between those who j ivor taxes on all admissions and j.aose supporting the present method | f providing an exemption and indi- ited he would not want to go through I oat experience again. Alternative Plans UponN. Y. Boards {Continued from page 1) The second plan is to have three com- mittees, each with equal power, to decide problems for various zones. Under the first plan, the advisory committees would hear problems of territories within their province and report back to the main board for approval of decisions. The second plan would have each of the three main committees make its own deci- sions, which would be final, except for appeals. If the main board and three ad- visory groups or the three main com- mittees is accepted, one would cover New Jersey, another Manhattan, Bronx and upstate New York and the last, Long Island, Brooklyn and Staten Island, in accordance with the local selling plan. It was pointed out yesterday that the code specifically states only one grievance and one clearance and zon- ing board must prevail for each zone. There is nothing in the context of the code, on the other hand, to prevent Code Authority from naming as many committees as it likes. If it is held feasible to name territorial commit- tees within the major boards to ease the complexity of the Greater New York situation, this can and may be done. No decision, however, has been reached on this point. Action on Tickets By NRA Due Soon Washington, March 14. — Hearings on revision of the legitimate theatre code this month will be marked by a demand by the consumers' advisory board of the NRA for drastic action on the ticket situation, it was learned today. It is understood a plan has been worked out for the creation of a central agency through which tickets would be distributed to the individual brokers. Reports are also current that the board will demand absolute prohibition of all throwaways in the legitimate theatre field. Members of the board are said to feel it does not matter what the price of a ticket is, but that the theatre should not charge two dollars if a patron comes to the box office with some sort of a coupon and four dollars if he does not have one. Warner Men Watch For Code Violation Philadelphia, March 14. — T h e local Warner Brothers managerial staff has become a vigilante commit- tee to check on failure to observe code regulations in the territory. Each manager, when a competitor seems to be violating any code regula- tions, turns in a regular form report to the home office. New British Paper Out First issue of the British M. P. News, edited by William H. Mooring, a former editor of Bioscope, has reached this country. It is a four-page paper, 17 in. x 11 in., printed on coated stock, with six half tone cuts. In his foreword Mooring says the paper will be printed "every other week, and sometimes perhaps more often. We shall bring news and views." Triple Bill Scare "Herring" — Golden {Continued from page 1) these machinations at once by reveal- ing how few theatres actually were on a triple feature diet. "This triple feature business is just drawing a red herring across the snow," Golden declared. "I will bet $1,000 there aren't 60 theatres in the country playing triple bills." "That's tough on the herring," was the comment of a major distributor opposed to multi-feature bills, when apprised of Golden's statement. In line with his determination to expose the triple feature fright for the fraud he believes it to be, Golden yesterday posted a letter to every Monogram exchange asking the man- ager to report to him at once the exact number of houses using triple features in each territory. "The reports will prove that this triple feature talk is just propaganda against double features. They want to make out that every exhibitor who double features will soon find himself in a triple feature situation," Golden said. "Stars of Tomorrow" In a Para. Trailer Paramount has prepared "Stars of Tomorrow," a one-reel trailer de- signed to introduce new personalities now under contract and from whom the company expects much. The women are Kitty Carlisle, Dorothy Dell, Frances Drake, Barbara Friet- chie, Ida Lupino, Helen Mack, Ethel Merman and Evelyn Venable. The men are Carl Brisson, Larry Crabbe. Lanny Ross and Henry Wilcoxson. While Paramount has made no de- cision as yet, the probability is the trailer will be released to theatres. Ohio Chilly on Plan For Dillinger Film COLU mbus, March 14. — Ohio cen- sors will give Paramount's proposed film on John Dillinger's escapades a cool reception, according to M. W. Van Sickel, chief of the board. Schaefer in Detroit Detroit, March 14. — George Schaefer, Ralph A. Kohn, Sam Dem- bow, Jr., and Y. Frank Freeman ar- rived here today from New York for a meeting with George Trendle, Para- mount theatre operating partner in Detroit. The home office group plans to confer with Trendle all day Thurs- day, leaving here in time to be back in New York Friday. Acquit Cincinnati Man Cincinnati, March 14. — Nelson Corcoran, local man, charged with complicity in stench bombing Keith's Feb. 17, was acquitted by Judge Sam- uel W. Bell in Municipal Court. Three other local men, alleged to have been implicated in the bombing, are to be tried soon. Cherrington in Hospital Columbus, March 14. — H. E. Cherrington, dramatic editor of the Columbus Dispatch, and secretary of the Columbus Variety Club, is in Grant Hospital recuperating from an abdominal operation. 7 Action on N. J. Sales Tax Bill Is Impending Trenton, March 14. — Both branches of the Legislature have ad- journed for the week without taking- action on legislation to which film and theatrical interests are opposed. Thus the measures are safe for another week, although increasing pressure has been brought to bear for their passage. The general sales tax bill, imposing a two per cent tax on gross retail sales of services or commodities, is slated for consideration in two weeks. It is still in an Assembly committee, but leaders announced it would be considered next week and brought to a vote the following week. There is some question whether the measure could tax gross receipts of exhibitors and theatres, which already are sub- ject to Federal levies. The billboard tax legislation, Sen- ate 98 and House 316, was not re- ported from committee, although its sponsors were active in the State House corridors. The bill changes the present billboard taxes, and should reduce the rate for most signs, but theatrical interests fear it may increase the levy on large boards and thus re- sult in higher advertising rates. Indi- cations are, sponsors of the measure will endeavor to slip it through late in the session when opposition would have no chance to block it. Governor Moore is expected to act tomorrow on two bills, House 15 and 16, that concern the state industrial recovery act. Exhibitors see in the bills possibility of higher assessments for state code administration. Belief is the Governor will sign the mea- sures, since they received Democratic support in both houses. The bills in- crease the powers of the state code ad- ministration and conceivably might impose upon exhibitors drastic regula- tions as to wages, hour of employes and assessments in addition to require- ments of the NRA Federal codes. MPTO Attacks N. Y. Legislative Bills Buffalo, March 14. — A concerted drive against legislation inimical to exhibitors is being arranged by Jules H. Michael, chairman of the western New York M.P.T.O., Michael has sent the following message to exhib- itors : "Drastic bills have been introduced in Albany, covering admission of minors under 16 years of age and a 10 per cent admission tax. "When the word is flashed, every exhibitor in the state should contact his legislative representatives and Governor Lehman, opposing these measures, which, if passed, will assist in closing the doors of your theatre." Louisville, March 14. — There is a bill in the Legislature to levy a tax of five cents on each 25 cents or frac- tion thereof on admissions. M-G-M Contracts Four Hollywood, March 14. — M-G-M has contracted Walter Donaldson and Gus Kahn, composers, and Robert Liv- ingston and James Ellison, players. MOTION PICTURE DAILY Thursday, March 15, 1934 "Wonder Bar" $21,000 Wow In Pittsburgh Pittsburgh, March 14. — The out standing draw last week was "Wonder Bar" at the Stanley where a $21,000 gross gave the picture a holdover, the third picture in the history of this house to stay more than the custom- ary six days. In addition, the Pitt had an excel- lent week with "Fog" and Harry Delmar's "Revels" on the stage, with the latter getting most of the credit. Par was topped by $2,500 on an $8,500 week. "Moulin Rouge" was a disappointment at the Penn, getting less than $11,000. Incidentally, aver- age fluctuates considerably at both the Penn and Stanley, depending upon whether there is a stage show. At the Fulton, "Sons of the Desert" just managed to hit average at $4,000 while "Journal of a Crime," at the Warner, fell considerably be- low that at $3,700. The Davis, too, fared poorly with the third of its double feature bills, collecting only around $2,300 with "Easy to Love" and "Bombay Mail." Total grosses in five first run houses were $50,500. Average is $37,500. Estimated takings for the week end- ing March 10 : "EASY TO LOVE" (Warners) "BOMBAY MAIL" (Univ.) DAVIS— (1,700), 25c-35c, 6 days. Gross: $2,300. (Average, $2,500.) "SONS OF THE DESERT" (M-G-M) FULTON— (1,750), 15c-40c, 6 days. Gross: $4,000. (Average, $4,000.) "MOULIN ROUGE" (U. A.) PENN— (3,300), 2Sc-50c). 6 days. Gross: $11,000. (Average, $12,000.) "WONDER BAR" (Warners) STANLEY— (3,600), 25c-50c, 6 days. Gross: $21,000. (Average, $9,000.) "FOG" (Col.) PITT— (1,600), 15c-40c, 6 days. Stage: "Harry Delmar's Revels" with Harry Del- mar, Mannv King, Ray, Ellis and LaRue and Grace DeFaye. Gross: $8,500. (Aver- age, $6,000.) "JOURNAL OF A CRIME" (Warners) WARNER— (2,000), 25c-50c, 6 days. Gross: $3,700. (Average, $5,000.) "Rothschild" Opens With Leaders There Executives prominent in the indus- try augmented a list of Broadway first-nighters at the opening of 20th Century's "The House of Rothschild" at the Astor last night. Among those present were : Will H. Hays, Adolph Zukor, Al Lichtman, Colvin Brown, Joseph I. Schnitzer, Arthur W. Kelly, Joseph Moskowitz, Nate Blumberg, Moe Silver, Walter Reade, Billy Brandt, Si Seadler and Leo Lubin. The opening was preceded by an effective exploitation campaign, the highlight of which was a tie-up with the N. Y. Daily Mirror, which is carrying a serialization of the story to run for 30 days, and which in- volved several full-page notices. News stands, trucks, department stores and other commercial enterprises also fig- ured in the advance exploitation cam- paign. Three More "Chans" Hollywood, March 14. — Fox is con- tinuing the "Charlie Chan" series next season with three features set for the 1934-35 program. Dietrich-Nazi Feud End Seen in a Gift Berlin, March 14. — Much comment was created here today by an indi- cation of a reconciliation between Nazi Germany and Marlene Dietrich when Carl Ousen, president of the newly organized Nazi National Film Chamber, announced that Miss Diet- rich had contributed a "considerable sum" to the Chamber's welfare fund. Although Miss Dietrich left Ger- many before the advent of the Nazi regime, it has been suspected that there has been trouble between her and the Nazis, particularly since the Nazi press expressed disapproval of the star's flair for trousers. Hollywood, March 14. — Marlene Dietrich here today denied she had made any contribution to the Nazi party. She said that she had mailed a check for $500 to the so-called Win- ter Fund in Germany, to care for the children of the poor, and that she had mailed a similar amount to the Com- munity Chest in Los Angeles. Speculate on Nazi Reconstruction Move Speculation was rife yesterday in New York over the effect, if any, on the film industry in Germany under the Nazi government de- cision to reconstruct all German in- dustry into 12 major divisions. The official announcement of the sweeping plan made no specific mention of amusements of any description. Academy Polling on Code Help Closes Hollywood, March 14. — Polling was completed today by the writers', directors' and technicians' branches of the Academy for nominations re- quested by Division Administrator Sol A. Rosenblatt for possible service on code committees. Writers' nominees include Jack Cunningham, Howard Estabrook, Howard J. Green, Grover Jones, William McNutt, Jane Murfin, Robert Riskin, Ernst Vajda, Carey Wilson, Waldemar Young. Directors' nominees are Frank Capra. Cecil DeMille, William K. Howard, Frank Lloyd,_ King Vidor, W. S. Van Dyke. Technicians named Carl Dreher, J. M. Nickolaus, Max Parker, Karl Struss. The actors' branch asked that the following be submitted to Rosenblatt : Lionel Atwill, Warner Baxter, Lionel Belmore, Alice Brady, Laura Hope Crews, William B. Davidson, Marie Dressier, Irene Dunne. Raymond Hat- ton, Helen Hayes, Del Henderson. Katharine Hepburn, Jean Hersholt. Walter Huston. George Irving, De- Witt Jennings, Henry Kolker, J. Far- rell MacDonald. Warner Oland, Nance O'Neil. Elizabeth Patterson, Lewis Stone, Henry Walthall, Helen Ware. Variety Club Gets Started in Buffalo Charles Giblyn Dead Hollywood, March 14. — Charles Giblyn. pioneer director, died unex- pectedly at his home here today in his 55th year. He is survived by his wi- dow and two daughters. At one time he was director of the Ince studio. He was to have started at M-G-M todav. Strike Called Off The strike, scheduled to start Mon- day, bv the Theatre and Amusement Emnloyes Union of Greater New York was called off yesterday. Buffalo, March 14. — The Buffalo tent of the Variety Club was formally organized at a banquet at the Hotel Statler. Ninety-five barkers signed the charter. Officers are: Dave Miller, Univer- sal manager, president; Vincent R. McFaul, general manager Shea Thea- tres, first vice-president ; Isaac R. Lounsberry, general manager Buffalo Broadcasting Corp., second vice- president ; Herbert T. Silverberg, at- torney, secretary; Sidney B. Pfeifer. attorney, treasurer. Directors are: Jules H. Michael, chairman Buffalo zone, M.P.T.O. ; Al- bert Becker, president National Thea- tre Supply Co. ; Harry T. Dixon, manager RKO exchange; A. Charles Hayman. managing director Lafa;, ette ; Sidney Samson, manager Fox exchange; Murray Whiteman, song shop proprietor. John J. Maloney of Pittsburgh, vice-president of the National Variety Club, explained the purposes of the organization and gave the pledge to the barkers. The charge to the offi- cers was delivered by J. Edward Fontaine, president of the Cleveland tent. Other visitors were Dr. L. G. Beinhauer, treasurer of the Pittsburgh tent, and George A. Roberts, director of the Cleveland tent. St. Louis Men Talk Auditorium Policy St. Louis, March 14. — Worried that the new Municipal Auditorium and Community Center may damage their business, a group of theatre men called upon Mayor Bernard F. Dick- marm to get the lowdown on the city's policy on booking attractions. The Mayor advised them that the present administration has no desire to enter into competition with dra- matic, vaudeville or picture theatres, or to underbid other amusement places. He suggested that the group confer next week with Tames Darst. manager, and the Auditorium Com- mission on its booking policy and schedule of rates to be charged users of the building. 99 Vance Blames Block Sale for Criticism Cincinnati, March 14. — W i 1 1 i s Vance, president of the Ohio Valley Independent Exhibitors' League, has answered Archbishop McNicholas' criticism of pictures by saying that the 60 exhibitors associated with him would welcome an improvement in picture quality. He takes a crack at block booking and says it is resnonsible for what some grouos call "immoral and un- wholesome" pictures. He ask that criticism be directed at "the major producing studios who are in charge of the themes and development of the cinema." Aaron Saperstein Feted Chicago. March 14. — Aaron Saper- stein. president of Allied Theatres of Illinois, leaves this week for a two weeks' vacation at Hot Snrings. He was tendered a testimonial din- ner by the Allied organization and local film and theatre folks. Sa- perstein was recently elected to his fifth term as Allied president. One Night,' $15,000 Hit, Tops Denver Denver, March 14. — "It Happenc One Night" easily copped top honor for business, running 50 per ceri above normal. Saturday busines broke the house record, more thai 400 being turned away, and 150 re funds being made to folks unable t<: secure seats. Sunday ran close to ; house record. Business has been unusual ever in Denver in most of the first runs this winter, due somewhat to th< weather experienced. Less than hali a dozen snowstorms marred the sea- son, although three of these were or Saturdays. Snow was soon melted Thermometer has not been to zero all winter. Total first run business was $38,000 Average is $30,000. Estimated takings for week ending March 8: "BELOVED" (Univ.) ALADDTN-(1.500). 25c-30c-40c. 7 days Gross: $4,000. (Average. $3,500.) "BOLERO" (Para.) nEMTAM— (1.500), 25c-30c-40c. 7 davs Gross: $7,000. (Average. $6,000.) "NANA" (U. A.) DENVER — (2.500). 25c-35c-50c. 7 dav.j Gross: $8,500. (Average. $7,500.) "IT HAPPENED ONE NIGHT" (Col.) ORPHEUM — (2.600). 25c-35c-40c-50c. days. Stage show. Gross: $15,000. (Avi age. $10,000.1 "SONS OF THE DESERT* (M-G-M ) PARAMOUNT— (2,000). 25c-40c, 3 days t finish full week. Gross: $2,000. "MASSACRE" (F. N.) PARAMOUNT— (2.000). 25c-40c. 4 dav Gross: $1,500. (Average for week. $2,500. Guild Writers Must File All Contract Hollywood, March 14. — Under tl terms of the working agreement adop ed by the Writers' Guild details of ; members' term contracts and des must be given to the executive boar This applies to present and f utu i contracts, both term and week-t week, and agreements for sale of mat rial. The board agrees to keep this tr terial strictly confidential. Penalt- up to $10,000 are provided for gu: officials who give out confidential formation. Free lancers are to be pi | tected by insistence on lump sur, with no more work on speculation. MOTIOt PICTURI ALMAHA< 1954-35 NOW /A/ PAiPA/iAT/OA/ i WHERE THE WORLD LOOKS FOR MOTION PICTURE Mono* picture 9)4-55 The Leading Motidl|| Picture Industry MOTION PICTURE DAILY Alert, Intelligent and Faith fur Service to the Industry in All Branches OL. 35. NO. 62 NEW YORK, FRIDAY, MARCH 16, 1934 TEN CENTS leels Are Hit By Curtailed Plane Service hipments Running About 24 Hours Slower Newsreel shipments by air express e running on an average of 24 hours hind normal delivery schedules as e result of suspension of a number schedules formerly operated by pri- te lines, but withdrawn following e cancellation of air mail contracts, was learned yesterday. Loss of the government contracts ide it impractical for commercial Triers to maintain the frequent air (press service formerly available as ; volume of air cargo, exclusive of *il, was unprofitable. At present, • express service has been reduced one trans-continental flight daily each direction. Intermediate serv- (Continued on page 6) rief Allowed Upon Para. Rent Dispute The 1432 Broadway Corp. was ren until March 21 to file a brief support of its claim of $521,000 linst Paramount Publix at the con- tsion of a hearing before Referee Miry K. Davis yesterday. The im is for past and future rent on : Empire, at 1,432 Broadway. At- meys for Paramount Publix trus- s in bankruptcy were given until (Continued on page 6) ara. Men Discuss Leases in Detroit ^ Detroit, March 15. — Discussion of \ revision of rentals on local leases I isidered too high was revealed by I arge W. Trendle today as the pur- Hfe of the visit here of George laefer, Ralph A. Kohn, Sam Dem- w, Jr., and Y. Frank Freeman, Para- ifunt executives. The party left for ' xago by plane. From there all, (Continued on page 6) uthority Members J Invited by MPTOA p. R. Kent, Charles L. O'Reilly, [ >rge J. Schaefer, H. M. Warner, Ray Johnston, Nathan Yamins, | H. Cochrane, M. HI Aylesworth N. M. Schenck, all members of Code Authority, have been invited I attend the M.P.T.O.A. convention -os Angeles April 10-12. pecial round trip railroad rates (Continued on page 6) Detroit Theatres Adopting Allied Plan to Lift Prices Detroit, March 15. — Allied of Michigan is sponsoring a plan to raise admission prices in every theatre in this city. One hundred and twenty- five local houses have already signed the agreement. H. M. Richey, gen- eral manager of the organization, ex- pects the remainder to do so soon. First runs will increase their prices from opening to 1 P. M. by 10 cents, maintaining present tops. Subsequents will raise scales five to 10 cents, de- pending upon the run. Thirty theatres, including several Publix neighborhoods, will put the plan in operation Sunday, prior to its general adoption. In effect this means putting into operation the zoning and clearance plan sponsored by Allied last summer which proved a flop be- cause it called for a ban on duals. The present plan is practically iden- tical with the system now used in Chicago, basing run and protection on prices charged. Ohio Showmen Impatient for Boards' Start Cincinnati, March 15. — Exhibit- ors hereabouts are becoming impatient because of delays in getting the code boards into operation. Independents have a number of problems to be threshed out and they argue that the sooner the boards get under way, the better it will be for all concerned. With the 10 per cent tax problem still acute, they say they have too many headaches and want a few of them out of the way. The switch in the personnel of the clearance and zoning board which puts (Continued on page 5) Roxy London Plan Arouses Competition BERNARD CHARMAN London, March 15. — The plan of Samuel L. (Roxy) Rothafel to erect a big picture theatre in the West End of London has stirred up competition, it was learned today with announce- ment that a colossus was also being prepared by interests headed by Clif- ford Wheatley of the Gordon Hotels and Sir Malcolm McAlpine, British building contractor whose name origi- nally was linked with Roxy's. Rothaftel today made definite con- firmation of his proposal to give this (Continued on page 5) Who? What? When? Who are the latest appointees on code boards announced by Code Authority in New York on Tuesday? These additional thumbnail sketches, gathered by Motion Pic- ture Daily correspondents and reported by telegraph yesterday, furnish the answer: Albany Albany, March 15. — Shepherd Z. Baum, impartial member on grievances, was born in Memphis in 1903. He moved to Chicago at the age of nine and was educated in public schools in that city and in Memphis, followed by higher learning at Crane College and Chicago University. Baum also was a theological student at the Chi- cago Rabbinical Seminary. In 1920 he moved to New York, attended the Rabbi Isaac Elchanan Theological Seminary, which is also known as Yeshiva College, and was ordained there in 1924. He also at- tended the New School for Social Re- search. He held his first rabbinical position as rabbi of Temple Ashkenaz at Cambridge, Mass., and was later transferred to the Congregation New Beth Israel at Syracuse, N. Y. It was in 1927 that Baum moved to Albany, where he has been resident since. He was rabbi of the Congre- gation Sons of Abraham until Decem- ber of last year, when he resigned to enter law. He had graduated from the Albany Law School in the mean- time and was admitted to practice in 1931. Baum was president of the Zionist (Continued on page 5) No Change at M-G-M; Rapf 's Deal Renewed Mannix Given Detail; Thalberg on Own Hollywood, March 15. — Executive personnel at the M-G-M studio con- tinues without change. Harry Rapf has been given a new three-year contract as an associate producer on features and in charge of all shorts. This is how Nicholas M. Schenck found and left the studio organization, following an extended visit here which had been preluded by rumors of shifts on the M-G-M front. Schenck left for New York last night in a party which included Edgar B. Hatrick, general manager of William Randolph Hearst's film interests, and William Randolph Hearst, Jr., and Mrs. Hearst. Louis B. Mayer, as in the past, will continue in charge of studio control with Eddie Mannix likewise contin- uing as general studio manager in (Continued on page 6) Independents Watch Canada Probe Moves Toronto, March 15. — Independent exhibitors have their ears tuned to the Federal investigation under Parlia- mentary sanction into price-fixing, trade-squeezing, so-called "mass buy- ing" and other alleged activities of "big interests" — with which has been recommended the adoption of a code (Continued on page 6} Sales Tax, Censor Board Up in W. Va. Charleston, West Va., March 15. — Exhibitors in this state have plenty to worry about. Pending in the legislature are two tax bills, one to impose a straight two per cent sales tax throughout the state and the other a one per cent (Continued on page 6) Los Angeles Plans New Industry Taxes Los Angeles, March 15. — Already faced with an approximate $15,000,000 increase in production, distribution and exhibition costs brought about by the NRA and the prospect of further wage increases if a 30-hour week is adopted, industry leaders here are now alarmed by a new tax bill before the City Council. In an attempt to balance the city (Continued on page 6) MOTION PICTURE DAILY Insiders' Outlook 2 MOTION PICTURE DAILY (Registered U. S. Patent Office) Vol. 35 March 16, 1934 No. 62 Martin Quigley Editor-in-Chief and Publisher IBB1 MAURICE KANN mra §5*51 Editor S£5 IZlEJ JAMES A. CKON JK- EBnHi Advertising Manager Sv. — . 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- CAGO AN. Hollywood Bureau: Postal Union Life Building, Vine and Yucca Streets, Victor M. Shapiro, Manager; Chicago Bureau: 407 South Dearborn Street, Edwin S. Clifford, manager; London Bureau: 6 Brookland Close, Hampstead Garden Suburb, Bernard Char man, Representative; Berlin Bureau: Berlin-Tem- pelhof, Kaiserin-Augustastrasse 28, Joachim K. Rutenberg, Representative; Paris Bu- reau: 19, Rue de la Cour-des-Noues, Pierre Autre, Representative; Rome Bureau: Viale Gorizia, Vittorio Malpassuti, Representative: Sydney Bureau: 102 Sussex Street, Cliff Holt, Representative; Mexico City Bureau: Apartado 269, James Lockhart, Representa- tive; Glasgow Bureau: 86 Dundrennan Road, G. Holmes, Representative; Budapest Bureau: 11 Olaaz Fasor 17, Endre Hevesi, Representative. 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. Arrivals from West Lou B. Metzger arrived in town from the coast yesterday, preparatory to his departure for Europe on Wed- nesday to sell territory on "Elysia," nudist film. Earl Kramer, former representa- tive for U. A. in Japan, is also in New York, after a week in Holly- wood. Schenck Due Sunday Nicholas M. Schenck, accompanied by E. B. Hatrick, Hearst representa- tive, arrives in town Sunday morning, after an extended visit to Hollywood. MOTION PICTURE ALMANAC 1954-35 NOW /N PJl£PA/iA T/ON DRESENT status of the law *■ covering transfer of silent picture rights is still subject to argument in legal circles de- spite two recent rulings of the Court of Appeals in New York. Several months ago the New York Court of Appeals held in the case of Armstrong vs. Kirke LaShelle on "Alias, Jimmy Valentine" that sale of film rights prior to the advent of sound did not carry with it sound rights because neither party could have contemplated this when the pact was made. This was a reversal of a lower court decision. . . . T A few days ago the Court of Appeals affirmed a Supreme Court ruling that transfer of both the stage and dramatic rights and silent film rights on "The Volga Boatman" carried with it every- thing essential to sound produc- tion. This was the case of Ber- covici vs. DeMille. In the first case it was a long decision ; in the second it was an affirmation of a lower court ruling. . . . T Pending at the present time in California is Sol Lesser's suit against Harold Bell Wright over the talker rights to "When a Man's a Man." Lesser contends his purchase of the silent film rights entitles him to produce it as a sound film. This point seems to have been covered insofar as New York is concerned by the decision in the Valentine case. The entire issue, therefore, is not as clear cut as first appeared. Its ultimate clarification, either way, is subject to much comment in view of the fortunes spent annu- ally on accumulation of proper- ties for each succeeding season, a process in which all of the majors currently find themselves knee deep or more. . . . T Even some of Charlie Mosko- witz's best friends won't tell him why they object to his appoint- ment to the local clearance and zoning board. . . . "They" do say New York clearance schedules are slated for a complete upset when the local boards get under way and that Loew will be the chief victim. . . . One major dis- tributor faces a suit as a result of a crack he made against a na- tional theatre operator at one of the authority sessions. . . There's an interesting story behind Mor- gan Walsh's reinstatement to the San Francisco board after his name was vehemently objected to by a certain distributor. . . . You'd better get the inside from one who'll talk. . . . T Any assents hitting Code Authority headquarters dated after March 10 will be void. That makes it interesting to note that the I.T.O.A. having several of its members, including Harry Brandt and William Landau, pretty well set for code boards posts, will not be represented. None of its members has signed the assent form. Having failed to so do, the I.T.O.A. objections to appointment of Lou Geller on the ground he is a partner of Charlie O'Reilly seemingly won't get very far. . . . Skouras and the Warners, theatre foes in many fronts, are at it again. This time the place is Jersey City, and the subject duals, which both circuits have brought back with ceremony after a layoff. Skouras at the State ; Warners at the Stanley, which this week enjoys a respite playing "Wonder Bar" {Continued on page 6) Friday, March 16, 1934 i Purely Personal ► LOUIS K. SIDNEY, Charles Mos- kowitz. Si Seadler, Joseph Vogel, Leopold Friedman, Leo Lubin, H. J. Yates, George Dembow, Harry Buckley and George Fitzmaurice among the noonday diners at the M. P. Club yesterday. Betty Furness ended her New York vacation yesterday by starting back to the coast. She has some more work to do for Monogram. The Richard Arlens sail tomor- row on the Majestic on a European vacation. Roger Pryor has replaced George Raft as Mae West s leading man in • "It Ain't No Sin." Ben Pollock and his orchestra start work today in a Vitaphone short. Bill Danziger is in town from the coast. Bob Rubin's license plate is R R-8. David Poucher Dies In Automobile Skid The picture industry was shocked yesterday to learn that David I. Poucher, 53, long in the business, had been killed the preceding after- noon in an automobile accident. Driv- ing to his home in Queens late Wed- nesday afternoon his car skidded, ran up an embankment, struck a post and overturned. The car was demolished and he was killed instantly. Poucher recently had been associ- ated w-ith Duke Ellington and Freu- ler Film Associates, Inc. He entered the industry 20 years ago with Mu- tual Film, of which he later became treasurer. He was treasurer of F. B. O. in later years. He is survived by a widow, three children and two brothers, one of whom is Ralph Poucher of Consoli- dated Film Industries. Funeral serv- ices will be held tonight at the Fair- child Funeral Parlors, 898-31 164th St., Jamaica, L. I., with private inter- ment tomorrow. Pre-S ailing Conference Hollywood, March 15. — Jack L. Warner left suddenly for New York last night to confer with his brother Harry, prior to the latter's European trip which starts shortly. He re- turns here immediately to be on hand for the M. P. T. O. A. convention next month. Harry M. Warner's original plan of sailing from New York tomorrow stands, his office stated yesterday. Unless Jack L. travels part of the east by air, he cannot arrive here until Sunday morning. Pettijohn at Capital Washington, March 15. — Charles C. Pettijohn, general attorney of the Hays association, is here from New York for a few days. Rowland in Hollywood Hollywood, March 15. — Richard A. Row-land is here from New York. Majority Weaken on Big Board Columbia Pictures, vtc Consolidated Film Industries. Consolidated Film Industries, Eastman Kodak Fox Film "A" Loew's, Inc M-G-M, pfd Paramount, cts Pathe Exchange Pathe Exchange "A" Universal Pictures, pfd. Warner Bros Net High Low Close Change Sales 27% 2654 26% + Vs 12,000 4% 4% 4% - 54 400 16% 16% - V* 300 S9VS 8854 8854 - 34 200 1654 15% 16 + % 2,700 32VS 3154 32% - % 4,100 24 24 24 100 5% 5 554 12,800 ZVz 354 354 — % 3,800 19 17% 1854 - % 2,900 3Yz 354 - Vi 2,400 33 33 33 2,000 7 6% 6% - 54 5,000 Columbia Declines 2 on Curb Net High Low Close Change Sales Columbia Pictures 27 27 27 — 2 100 Technicolor 954 9 954 — Vi 400 Trans Lux 2% 2% 2% 200 Warner Bonds Slip IVa Points Net High Low Close Change Sales General Theatre Equipment 6s '40 11 1054 1054 +54 54 General Theatre Equipment 6s '40, ctf 10 954 954 154 Loew's 6s '41, ww deb rights 9854 9854 9854 + 54 12 Paramount Broadway 554s '51 34% 335-6 3354 — % 19 Paramount F. L. 6s '47 50 4954 4954 + 54 62 Paramount Pubhx 554s '50 50 49 4954 + y2 55 Pathe 7s '37, ww 9354 93% 93% 2 Warner Bros. 6s '39, wd 5854 56 56% —154 15 the negative and the positive of her photograph and you'll have a graphic idea of the difference between past successes of this famous star and her latest show from Warner Bros. . . . . the most exciting story and performance ever contributed to the screen for and by the exciting star of "Burlesque/' "Illicit," and "Night Nurse". WITH JOEL M'CRE A PAT O'BRIEN Claire Dodd, C. Aubrey Smith, Phillip Reed. Directed by Archie Mayo. Vitagraph, Inc., Distributors. Next sensation from the producers of "Wonder Bar," "As The Earth Turns," "Fashions of 1934" and "Mandalay" WARNER R R 0 S. Friday, March 16, 1934 MOTION PICTURE DAILY Ohio Showmen Impatient for Boards' Start {Continued from page 1) W. A. Keys in J. Real Neth's place is generally approved. Under this shift Keys becomes the unaffiliated first run member and Neth becomes unaffiliated subsequent run member. _ Comments on the naming of Irvin Rosenbaum and Joseph Marx as im- partial members of the grievance and clearance and zoning boards, respect- ively, is impersonal. Many wonder whether their lack of familiarity with the business will be a handicap. Some feel this will be a help in reaching just decisions on controversial problems. Most commentators are pleased that the appointments have been made, as they regard it as a step nearer to ac- tual operation of the boards. Frisco Operators' Pay Scales Revised San Francisco, March IS. — The long standing dispute between inde- pendent theatres and operators has been settled, according to F. M. Bil- lingsby, vice-president of the union, and a committee from the Theatre Owners' Chamber of Commerce, com- prising Robert McNeill, George Nas- ser, Ben Levin and Aaron Goldberg. The settlement is a compromise. Operators receive an increase of from 15 to 18 per cent of their present wage scale. The present wage is $54 per week. The new wage will approximate $63 per week. This, however, is still short of the $84.60 which operators had before the depression, and which they had asked. The settlement does not affect oper- ators employed by major circuits, who are working under a special agreement. Who? What? When? (Continued from page 1) Organization of Albany from 1928 to 1932. He is now a member of the national executive committee of the American Jewish Congress represent- ing Albany, and of the Zionist Or- ganization of America. He is also at present president of the Hudson Valley Zionist Region, president of the Jewish Community Center here and a member of the executive com- mittee and of the Rabbinical Council of the Union of Orthodox Jewish Con- gregations of America. Baum was former chairman of the Rabbini- cal Association of Yeshiva College and of the Federation of Orthodox Congregations of the capitol district of New York. Boston Boston, March 15. — George R. Farnum, impartial member on griev- ances, is a native of Melrose, a suburb of Boston. He graduated from local schools there, attended Boston Univer- sity and its law school. Farnum established his reputation in these parts as a trial lawyer and en- tered the service of the government as an assistant attorney general under President Harding, continuing in that office during part of the Coolidge Ad- ministration. He later resigned to re- sume the private practice of law here and is now a resident of Boston. First Board Refusal Sent by Allied Man First official instance of an Allied member turning down a post on a local zoning board because his unit refused to sign the compliance form was made known yesterday by Code Authority. The exhibitor is Fred Holzapfel of Minneapolis. When informed by the authority he was being considered for a post on the Minneapolis clearance and zoning board and that his unqualified assent was necessary before he could be eligible, Holzapfel wrote back that he was in sympathy with his unit and would not sign the assent form. Cincinnati Cincinnati, March 15. — Irwin S. Rosenbaum, impartial member on grievances, is a native son and was born here on Nov. 21, 1901. He is a lawyer, who received his A. B. de- gree at the University of Cincinnati in 1920 and his LL.B from the Harvard Law School four years later. Rosenbaum spent one year in re- search at the Harvard Business School and has been practicing before the local bar for about 10 years. He is unmarried and the author of numer- ous works on the legal and economic phases of public utilities and a con- tributing editor to Ohio Jurisprudence, published by the Lawyers' Coopera- tive Publishing Co. of Rochester, N. Y. He has had no experience in the film industry. Wittenberg Code Counsel Philip Wittenberg has been named special counsel of the legitimate the- atre code authority, to work on a re- draft of the theatre code and formu- late plans for control of ticket brok- ers. "C. A." Meets March 22 Because Division Administrator Sol A. Rosenblatt has another meeting scheduled for next Wednesday, Code Authority will meet on Thursday, March 22, instead. The session will get under way at 10 A.M. Cleveland Cleveland!, March 15. — Jerome Friedlander, impartial member of clearance and zoning board, is a young attorney who specializes in business law. A native of Cleveland, he at- tended the local public schools and for one year attended Case School of Ap- plied Science, planning an engineer- ing course. He soon discovered his greater interest lay in the legal pro- fession and so switched. In 1921 he was graduated from the law school of Baldwin Wallace College, and has practiced law in Cleveland ever since that time. From 1923 to 1926 he was the legal representative for the Building Con- tractors' Exchange, and, for a time, edited the local Builders' Magazine. Friedlander has no experience in the industry. and two years in high school. He came to Detroit, completing his high school course at Central. Later he en- tered Detroit College of Law and switched to the University of Detroit Law School, from which he gradu- ated in 1922, after which he entered private practice. In 1925 he entered practice at Howell, Mich., with Francis J. Shields, brother of Edmund C. Shields, present public works admin- istrator. The next year he returned to De- troit and promoted the Michigan Broadcasting Co., which established Station WMBC. He was vice-presi- dent of the organization. He remained in private practice until 1929, when he was appointed as- sistant prosecuting attorney by James E. Chenot, now circuit judge. In 1931 Weber returned to private practice and was special counsel for the Federal Radio Commission. He is single, never has had any association with the film or theatre business, and is a mem- ber of Delta Theta Pi, legal frater- nity. Harry A. Harrington, impartial member on clearance and zoning, is 68, and was born in New York, where he attended Sacred Heart Academy, later going to Magill College, Mon- treal, and graduating with a law de- gree in 1887. Returning to New York, he entered the legal section of a real estate business. Five years later his father died, whereupon Harrington spent three years traveling in Europe, after which he went to Pittsburgh, where he saw service with the King Construction Co. as paymaster. His next move was to Buffalo, where he was associated with another con- struction company and then with the Thorne Cement Co. Sent to eastern Canada because of his knowledge of French, he remained with his firm until it was taken over by the Canada Cement Co., which was organized by Lord Beaverbrook. He then became manager of the coal division of the Retail Merchants /\ss'n of Canada. During the war he served as fuel controller for Ontario. In 1921 Harrington came to De troit in his present capacity, as as sistant secretary of the Board of Com merce and secretary of the arbitration committee of that organization. He is married and has two sons. Roxy London Plan Arouses Competition {Continued from page 1) city a theatre to vie with American houses like the Music Hall and Roxy in New York. He did not specify the site, nor did he divulge the promoters, emphatically disavowing any associa- tion with the project of the Wheatley- Mc Alpine group. The house, on which construction is expected to start this year, will have 6,000 seats and charge an average ad- mission of 75 cents, as compared with the $2 top prevailing at present at West End houses. A stage show, with ballet and symphony orchestra supplementing the screen entertain- ment, is contemplated by Rothafel. Films will be chosen from British and American product. Rothafel, who sails for America tonight aboard the Manhattan with the promise of returning to England later, asserts the house will be "the finest in the world." Detroit Detroit, March 15. — Kenneth Weber, impartial member on griev- ances, is 33 and was born at Brighton. Mich., where he attended grade school Compromise to End St. Louis Dispute Washington, March 15. — Condi- tions for the settlement of the St. Louis labor controversy were decided upon today at a meeting between Division Administrator Sol A. Rosen- blatt and Fred Wehrenberg of the M.P.T.O. of Western Illinois and Eastern Missouri and Oscar Lehn of the St. Louis Exhibitors' Ass'n. Hearings initiated by Rosenblatt in a review of the local decision were suspended in order that an amicable settlement might be sought. At the conference exhibitor representatives announced their voluntary agreement to give back pay to Sept. 1, amount- ing, it is estimated, to between $17,000 and $18,000. A new agreement has been worked out to become effective March 24. Sees U. S. Talent Aid To European Studios A great advantage can be derived by the industry in Europe, in England particularly, by creating a wider field for American talent abroad, it was said yesterday by Frank Joyce of Joyce-Selznick, just back from a seven-month European trip. The Hollywood agent said that by put- ting American players of box-office strength in their productions on a royalty basis the producers in Eng- land and on the Continent would find it easier to make money with their product in this country. He declared the practice of exchanging talent would aid the industry on both sides of the Atlantic. Joyce said he had signed consider- able talent while abroad, including Elizabeth Bergner and Flora Robson, both of the cast of "Catherine the Great," as well as Douglas Fairbanks, Jr., whom he said, will be presented in a play yet to be completed, with a 12- week run in New York to follow a similar run in London. Comedy talent was found by Joyce to be in chief demand in Europe. He declared his firm had decided to adopt a policy of "fewer and better" clients. Para. Distributing Two Trailers Gratis Paramount is distributing gratis to all its accounts two trailers, one an- nouncing seven new releases and the other heralding a group of new players being groomed for star billing. The "lucky seven trailer" announces details on "Bolero," "Death Takes a Holiday," "The Trumpet Blows," "It Ain't No Sin," "Scarlet Empress," "We're Not Dressing" and "You're Telling Me." The "new personality list" includes shots of Buster Crabbe. Evelyn Ven- able, Frances Drake, Ethel Merman, Toby Wing, Ida Lupino, Carl Bris- son, Kitty Carlisle, Dorothy Dell, Barbara Frietchie, Helen Mack, Lanny Ross and Henry Wilcoxson. MOTION PICTURE DAILY Friday, March 16, 1934 No Change at M-G-M; Rapf 's Deal Renewed (Continued from page 1) charge of all production. All asso- ciate producers and supervisors will take up their problems directly with Mannix with the exception of Irving G. Thalberg who stands in a division by himself. The inference is Thalberg is to be kept clear of detail in order to con- centrate on the pictures he himself will make. Prior to his illness and his long recuperative trip in Europe, Thalberg handled production and it was to him that associate producers and supervisors formerly took their problems. Brief Allowed Upon Para. Rent Dispute (Continued from page 1) March 27 to file a reply to the claim- ants' brief. A hearing on the Chippewa The- atres claim of $2,500,000, scheduled for yesterday, was postponed to March 21. The claim is for past and future rent on the Great Lakes The- atres, Buffalo. An adjourned special meeting of Paramount Publix credit- ors to consider a settlement of counter claims of Paramount and Fox Film Corp. arising from lease agreements on Oakland, Cal, theatres, which was scheduled for yesterday, was post- poned to March 19 by Referee Davis. Para. Men Discuss Leases in Detroit (Continued, from page 1) with the exception of Rohn, who re- turns directly to New York, will go to Boston. No change in the com- pany's setup here will result from the visit, it was said. Ralph Kohn got back in town yes- terday. He refused to comment on his visit to Detroit with his fellow Para- mount executives. Authority Members Invited by MPTOA (Continued from page 1) have been secured by the organization whereby the rate from New York will be $123.46; from Chicago, $88.75; from New Orleans, $78.45. Corre- sponding low rates from other sec- tions of the country also have been arranged. The official special trains wdl run out of Chicago over the Rock Island lines and from New Orleans over Southern Pacific. Los Angeles Plans New Industry Taxes To Build Up Pier Exhibit Additions are to be made to the film and studio exhibit on the Atlantic City Steel Pier this year. It was •established several years ago by Eddie Corcoran of the Paramount exploita- tion department. Burling Jarrett is now on the coast contacting studios to •get gowns, props, wax figures and photographs for the exhibit. (Continued from page 1) budget, the proposed ordinance, dis- guised as permit and fire protection charges, would impose levies over and above licenses and taxes now being paid. Among the proposals are assess- ments as follows : Film and storage vaults carrying in excess of 25 feet of film, $3 yearly; wholesale warehouses, $25 ; film laboratories, of which there are 10 in the city, $150; each wagon and truck delivering film inside the city limits, $2 per year; each wagon collecting scrap and waste film, $25 ; a $40 average fee for 216 theatres in the city. A protest was voiced in behalf of the industry yesterday by W. H. Lollier, F.W.C. tax manager, who argued before the special license com- mittee of the council that theatres are already bearing more taxation than they can stand. He will meet the Producers' Ass'n. tomorrow to discuss the problem. Tax Situation Is Confused in Ohio Columbus, March 15. — Due to constant bickering in the Legislature over the tax question, present fore- cast is that the matter still will be unsolved when the solons adjourn. Strenuous opposition to the pro- posed three per cent general sales tax by groups allied with retail and commercial lines is becoming strong- er. Governor White, who hereto- fore has expressed himself as strong- ly in favor of the measure, has as- sumed a sideline position, and is not goading the members into action, as had been expected. It is on the passage of a general sales tax, or an equivalent which will produce the desired revenue, that exhibitors are pinning their hopes of effecting repeal of the 10 per cent amusement tax. Kansas City, March 15. — Dr. A. Ross Hill, nominated in the primary as Citizens' party candidate for mayor of Kansas City, is known as an advo- cate of high state taxation on theatre admissions. As head of the taxation committee of the Real Estate Board for the last 10 years he has been at- tempting to get such a tax law through the legislature to relieve the burden on real estate. His efforts have been opposed by the industry. Mayor Bryce B. Smith, Democratic candidate for a second term, is con- sidered friendly to the industry. Byron Spencer, candidate on the Democratic ticket for councilman in the second district, is a member of the law firm of Langworthy, Spencer & Terrell, co-attorneys for the trustee of Fox Rocky Mountain Theatre Co. The run-off election is March 17. Sales Tax, Censor Board UpinW. Va. (Continued from page 1) sales tax with an optional clause per- mitting cities and towns to decide whether it shall be imposed. A third bill affecting the industry provides for creation of a censorship board to pass on advertising as well as pictures. Reels Are Hit By Curtailed Plane Service (Continued from page 1) ice is reported to be correspondingly curtailed and many lines have been suspended in entirety. The 24-hour average delay in news- reel shipments to exchanges and the- atres is contributed to by both in- coming air express service carrying clips from cameramen stationed at dis- tant points to the newsreel editors, and the outgoing service taking the fin- ished reels to exchange centers, it was said. Use of the air mail for newsreel shipments, instead of the air express service operated by private lines, is impractical from the standpoint of ex- pense and offers little assurance of time-saving, in any event, according to newsreel representatives. Where private lines were willing, for busi- ness reasons, to take chances on the weather in sending planes through, the new flying policy of the Army Air Corps is a conservative one, it was pointed out. The Administration is insisting on safety operation follow- ing recent casualties among army pi- lots, who also lack the business in- centive to take chances in bad weath- er, it was said. Except in favorable flying weather, few planes are going through, despite the fact that the same number of planes are available now as there were under commercial operation, according to newsreel rep- resentatives. Cooperating with Newsreels Some private lines operating air express are cooperating with news- reels by wiring them immediately when planes carrying reels are grounded en route. In this way the stranded shipments are recovered by motor and train and sent on their way again with a minimum loss of time. The only newsreel shipment to come through in good time in recent weeks is said to have been the clips of the Manchurian coronation, which made the trans-Pacific and transcontinental trip to New York in 12 days. Trans- port and weather "breaks" favored the shipment throughout, it was said. Payrolls sent air mail from New York to exchange and theatre em- ployes are meeting with comparable delays. Numerous complaints to home offices from out of town employes have resulted. Magazine Ads Ruled Out of Missouri Tax Jefferson City, Mo., March 15. — Advertising in periodicals and maga- zines, except in special cases, does not come under the one-half of one per cent state sales tax, according to a ruling by the attorney general's office. It was pointed out that magazine ad- vertising differs from newspaper ad- vertising, which is taxable, and only those publications carrying news are subject to tax. Each periodical will be considered separately in order to determine whether returns should be made on advertising receipts. Insiders' Outlook (Continued from page 2) solo as the State doubles "Spit- fire" and "Six of a Kind." . . . T The Warner theatre holdings in Jersey run to $32,000,000, if you are interested in investment notes. . . . Sylvester Harris, the colored gentleman who called the President to save his Mississippi farm, is a riot in the Metrotone Newsreel and worth anybody's two bits. . . . The Navajo Council is peeved because Mexicans, Hawaiians, Chinese, et al simu- late them in pictures and want something done about it. Looks like an added job for Code Authority. ... If, say many em- ployes privately and some execu- tives not so privately, business is so good and profit statements in several directions indicate it is, what about restoration of salary cuts? ... KANN Independents Watch Canada Probe Moves (Continued from page 1) system such as the NRA in the United States. The theatre situation in Canada has been drawn into the inquiry because of references to low wages to certain theatre employes and monopolistic control, as well as apparent difficulties of small proprietors. More or less of a formal communi- cation has been forwarded to H. H. Stevens, Federal minister of Trade and Commerce, by William Brady, proprietor of the Madison, and one of the leaders among the organized inde- pendent theatre owners, commending Stevens on his crusade in behalf of the "little fellows" and urging definite action. There is a possibility that Brady will be called upon to give evi- dence before the committee. Biechele New KMT A Secretary -Treasurer Kansas City, March 15. — Direc- tors of the K.M.T.A. today elected R. R. Biechele, well known locally and nationally as an exhibitor, secre- tary-treasurer, preliminary to launch- ing a membership drive and a public relations campaign. The association also plans a convention to be held shortly. Re-Signs Two Hollywood, March 15. — M-G-M has given new contracts to Jean Hers- holt and Johnny .Weismuller. Hers- holt will soon go east for a vaca- tion. Weismuller's next will be an- other "Tarzan" story. Roxy Pares Admission Admission at the Roxy between 1 P.M. to 6 P.M. on Saturdays, Sun- days and Holidays has been pared 15 cents and is now 50 cents. Chatkin Visiting David J. Chatkin, of Monarch The- atres, is in New York from Cleve- land. DIRECTIONS: Set up 3 -sheet in lobby, with tack card as illustrated. Affix pencil on string from each side. SHOWMEN! HERE'S A GREAT LOBBY IDEA! And it's FREE! Get this 3-sheet from your M-G-M Exchange today. Keep it in your lobby right up to opening of "RIPTIDE" You can't begin too early to get your patrons excited about this important film event! Friday, March 16, 1934 MOTION PICTURE DAILY Philadelphia Gives "Nana" $12,000 Take Philadelphia, March 15. — "Nana" played to good business, $12,000, at the Aldine last week, reaping the benefits of the extensive Anna Sten campaign waged here. Opening week figure was $12,500.. Film looks good for three weeks. W ith the aid of the Carnera-Lough- ran right pictures, "Devil Tiger" and the "First Little Show" cheered up the Fox with $18,000 on the week. "Hips, Hips, Hooray" dragged $16,000 into the Earle, a good figure, and "Dinner at Eight" got a good third run showing at the Arcadia. Total first run business was $90,000. Average is $78,300. Estimated takings for the week ending March 8: "NANA" (U. A.) ALDINE— (1,500), 40c-55c-65c, 6 days. Gross: $12,500. (Average. $7,000.) "DINNER AT 8" (M-G-M) ARCADIA— (600), 25c-40c-50c. 7 days. (2nd run.) Gross: $3,300. (Average, 6 days, $2,400.) "JOURNAL OF A CRIME" (Warners) BOYD— (2,400), 40c-55c-65c, 6 days. Gross: $9,000. (Average. $12,000.) "HIPS, HIPS, HOORAY" (Radio) EARLE — (2,000), 40c-55c-65c, 6 days. Stage: Alex Hyde and his Orchestra; Lou Parker, LaVere and O'Brien, Harris Twins and Loretta. Gross: $16,000. (Average, $12,000.) "DEVIL TIGER" (Fox) FOX— (3,000). 30c-40c-60c. 6 days. Stage show with "First Little Show." Also Car- nera-Loughran films. Gross: $18,000. (Aver- age, $12,000.) "YOU CAN'T BUY EVERYTHING" (M-G-M) KARLTON— (1.000), 30c-40c-50c, 6 days. Gross: $3,000. (Average, $3,500.) Retort Courteous Hollywood, March 15.— The other day this item appeared in the "personals" of one of the morning papers: Who invited me to a party Thursday night? I've for- gotten. Signed — Edgar Allen Woolf The following day this item appeared: We did, but we don't want you now. Signed — Guess Who "HOLD THAT GIRL" (Fox) KEITH's— (2,000), 25c-35c-40c, 6 days. Stage show with 16 Ingenues. Gross: $6,700. (Average, $7,000.) "IT HAPPENED ONE NIGHT" (Col.) STANLEY— (3,700), 40c-55c-65c, 5 days. (2nd week.) Gross: $10,000. (Average, $12,000.) "THIS SIDE OF HEAVEN" (M-G-M) STANTON— (1,700), 30c-40c-55c, 6 days. Gross: $7,000. (Average, $7,000.) "SIN OF NORA MORAN" (Majestic) WALNUT— (1,500), 25c-50c, 6 days. Stage: "Montmartre Madness" revue. Gross: $4,500. (Average, $5,000.) Rowland Set for Two Hollywood, March 15. — William Rowland's final agreement with Co- lumbia calls for two features to be produced under his supervision here. The first will go into production around April 5. It is the Kern-Ham- merstein musical comedy, "Sweet Adeline" with a tentative cast of Helen Morgan, Charles Butterworth and James Dunn. His second picture will be "New York Town," an original. One Night" $12,700 Hit On the Coast Los Angeles, March 15. — Big money in this territory went to "It Happened One Night" last week at the RKO. The $12,700 gross was $4,700 over average. "Nana" was a bit of a disappoint- ment at the United Artists. The $10,- 250 take was well below normal. "No More Women" was strong at $18,115 at the Paramount with Guy Lombardo and his Canadians on the stage. "Queen Christina" took $15,450 in its fourth week at the Chinese. Total first run business was $95,265. Average is $106,950. Estimated takings for the week end- ing March 7: "QUEEN CHRISTINA" (M-G-M) CHINESE— (2.500), 50c-$1.10, 4th week, 7 days. Sid Grauman prologue. Gross: $15,450. (Average, $14,000.) "LOVE IN MOROCCO" (Gaumont-British) FILMARTE — (800), 40c-50c, 7 days. Gross: $1,850. (Average, $2,650.) "DEVIL TIGER" (Fox) 4 STAR— (900), 50c-75c, 2nd week, 7 days. Gross: $3,900. (Average, $4,500.) "CAT AND THE FIDDLE" (M-G-M) LOEWS STATE— (2,413). 25c-40c, 7 days. Gross: $11,800. (Average, $14,000.) "YOU CAN'T BUY EVERYTHING" (M-G-M) "SLEEPERS EAST" (Fox) PANTAGES — (4,000), 25c-40c, 7 days. Gross: $2,200. (Average, $7,000.) "NO MORE WOMEN" (Para.) PARAMOUNT — (3,595), 25c-40c, 7 days. Stage: Guy Lombardo and his Rovai Canadians. Gross: $18,115. (Average, $1S,000.) "IT HAPPENED ONE NIGHT" (Col.) RKO^(2,700), 25c-40c, 7 days. Gross: $12,700. (Average, $8,000.) "NANA" (U. A) UNITED ARTISTS— (2,100), 25c-40c, 7 days. Gross: $10,250. (Average. $12,800.) "MANDALAY" (F. N.) WARNER BROS. (HOLLYWOOD) — (3,000), 25c-40c, 7 days. Gross: $10,000. (Average, $14,000.) "MANDALAY" (F. N.) WARNER BROS. (DOWNTOWN) — (3,400), 25c-40c, 7 days. Gross: $9,000. (Average, $12,000.) One Night" Hits Record in Buffalo Buffalo, March 15.— "It Hap- pened One Night" played to a new high total of customers at the Lafa- yette and grossed $16,700, or $10,200 over normal for the first holdover in three years in that house. Other houses felt the draft. The Century benefited some, though, catching the nightly overflow from the neighbor- ing house. Total take was $48,000. Normal is $45,500. Estimated takings for the week end- ing March 9 : "BOLERO" (Para.) BUFFALO— (3,500), 30c-55c, 7 days. Stage: Nell Kelly; Ray Sax; Six Danwills; Dolly Arden. Gross: $14,000. (Average, $15,000.) "WOMEN IN HIS LIFE" (M-G-M) "HOLD THAT GIRL" (Fox) CENTURY— (3,000), 25c, 7 days. Gross: $5,200. (Average, $6,000.) "I AM SUZANNE" (Fox) "SEARCH FOR BEAUTY" (Para.) GREAT LAKES— (3,000), 25c-40c, 7 days. Gross: $6,100. (Average, $10,000.) "EIGHT GIRLS IN A BOAT" (Para.) "THE MEANEST GAL IN TOWN" (Radio) HIPPODROME— (2,100), 23c-35c. 7 days. Gross: $6,000. (Average, $8,000.) "IT HAPPENED ONE NIGHT" (Col.) "BEFORE MIDNIGHT" (Col.) LAFAYETTE — (3,000) , 25c, 7 days. Gross: $16,700. (Average, $6,500.) Cincinnati Cincinnati, March 15. — A new membership classification has been es- tablished to be known as the non- active resident membership. This will include applicants who maintain a lo- cal residence, but, on account of pro- longed absence from the city through traveling or other reasons, will only occasionally be able to avail them- selves of club privileges and facilities. A reduction in dues has been arranged for this class of members, although the initiation fee remains unchanged. Hereafter "open house" will be maintained once a month, at which guests will be privileged to bring male guests. Recent elections to resident mem- bership include: Ralph ("Buster") Thayer, of the Ross-Federal Check- ing Service; Charles Fine, Empire Theatre; S. L. ("Dick") Martin, Columbia Amusement Co., Ashland, Ky. ; Jack Stallings, National Thea- tre Supply Co. ; Jim Grady, Fox, and Irving Hanower, Columbia. J. Real and Lawrence Burns of the Columbia tent; George Robinson, prominent in club activities, and E. J. Meyers, of the Majestic, Chilli- cothe, were among recent visitors. Ervin Bock, skipper of the RKO Grand, may spring a surprise on his fellow barkers some of these days when least expected. At any rate, grapevine information is to the effect that wedding bells may ring soon. Thus far, it is a secret. Frank W. ("Wes.") Huss is mak- ing frequent trips to Columbus these lays on account of matters connected with the Independent Theatre Own- ers. He recently was appointed to :he legislative committee. Variety Club Chatter Noah Schecter, head of the enter- tainment committee says he expects to do some big things for the amusement of fellow barkers, as soon as St. Pat- rick's Day is off the calendar. Columbus Columbus, March 15. — Barker Virgil Jackson of the Picadilly and Wilmar was presented with a third son by Mrs. Jackson the other day at Mt. Carmel Hospital. Another member in good standing for the club. Barker H. E. Cherrington, dra- matic critic of the Columbus Dispatch, was operated on at Grant Hospital during the week. He is resting com- fortably, but it will be five or six weeks before he's back on the job. Barker Harold Eckert, dramatic critic of the Ohio State Journal is back on the main stem again after a most enjoyable vacation making his annual rounds of the New York houses. Chief Barker Duke Clark, branch manager for Paramount, is back on the job after two weeks' illness with influenza, 15 pounds lighter in weight, which will have to be replaced by Leo Haenlein's cold cuts. The committee, headed by Barker Leo Haenlein of Olentangy Park is working for expansion of club quar- ters with a complete remodeling and redecoration in the offing. Detroit Detroit, March 15. — Barkers Frank Downey and Maurice Caplan were in charge of this week's luncheon and hung up a mark for the future "kings for a day" to shoot at. They put on a championship day, with the cham- pionship Red Wings hockey team members and Coach Harry Kipke of the University of Michigan football team, as guests of honor. The luncheon room was decorated with hockey and football pennants. Minia- ture goal posts and a hockey goal were at either side of the speakers' tables. Door prizes for the day, a hockey stick autographed by the Red Wings players, and a football auto- graphed by Kipke and some of the Michigan gridders were won by Mac McCoy, Columbia salesman, and Wal- ter Buswell, Red Wings player, re- spectively. Ray Moon is back from Florida with a swell sun-tan. Alex Schrei- ber is still in Miami acquiring one. Barker Freddie Schader is batch- ing it while wife, Rae, is vacationing in New York. Frank Downey's father died in Columbus, O., early this week. He had been confined to a hospital for the last several months and was 76. Barker Jack Goldhar on United Artists business in St. Louis. Harlan Starr, Caplan and some of the other barkers going to Toronto for the Stanley Cup playoffs. The ladies held a bridge shindig in the club rooms, with Mrs. Carl Buermele as hostess. Prize winners included Mrs. Helen Jassy, Mrs. R. Hal Burris, Mrs. Frank Smith, Mrs. Lester Sturm, Mrs. Charles Phillips, Mrs. Barney Kilbride and Mrs. H. A. Silverberg. Mrs. Flor- ence Downey was hostess at this week's bridge session. Barkers Carl Shalit, Manny Gottlieb, David Idzal and others sporting lame backs or what have you as a result of joining a local gym- nasium health club. Henry Zapp on another trip to Chi- cago. Barkers Downey and Caplan were forced to sing the Michigan football song at this week's meeting — and were they rotten ! Sam Seplowin's wife home from the hospital, greatly improved. St. Louis St. Louis, March 15. — Bill Hop- pe's "King for a Night" set a new style with his elaborate floor show and _ entertainment. The crowd at- tending Bill's coronation broke all records. Barker Al Roth has become a firm convert to double featuring. The orchestra leader's charming wife pre- sented Al with a pair of baby girls. The sympathies of the entire club are extended to Nat Steinberg, whose mother is dead after a lingering ill- ness. Johnny Perkins made associate barker during his engagement here. Incidentally, Perkins "learned" the boys about "hearts." Johnny Caporal in Hot Springs for his health. 10 MOTION PICTURE DAILY Friday, March 16, 1934 Looking 'Em Over "Once to Every Woman" (Columbia) This is just another picture, not because it reeks of iodoform and hospitals, but because it is a perfunctorily handled addition to a cycle which has had a pretty good fling already in Hollywood's hands. Cycles don't mean a thing when there is an idea that stamps treatment ot a story type previously well-worn with something different. That's what "Once to Every Woman" has not. The yarn is all hospital, from opening to closing scene. It concen- trates on the individualized stories of Fay Wray as supervising nurse; Ralph Bellamy, rising young surgeon who ultimately replaces Walter Connolly, eminent scalpel wielder outmoded in technique by advancing years ; and Walter Byron, young physician with whom Miss Wray thinks she is in love, but establishes otherwise when his Casanova urge catches up with her. There are operations, much sick room atmosphere and performances which, in the main, are acceptable, while Connolly's goes considerably beyond that. But all that transpires is routine, familiar and anything but fresh in the handling. Lambert Hillyer directed. K A N N "Social Register" {Columbia) With Colleen Moore heading a cast including Alexander Kirkland, Charles Winninger, Pauline Frederick, Margaret Livingston, Robert Benchley, Ross Alexander and Roberta Robinson, the experiences of a chorus girl trying to break down social barriers in order to marry Kirkland turn out to be entertainment of program calibre. Marshall Neilan supervised, directed and produced this on his own from the play by John Emerson and Anita Loos. William C. de Mille was associate producer. Miss Moore meets Kirkland at a "scavenger" party. They fall in love, but when the lover brings the heroine to his home to meet his family the usual objections follow. However, Miss Moore is invited to a musical at Kirkland's home. She drinks a little too much and, in turn- ing the party into a jazz affair, disgraces herself in the eyes of Miss Frederick, Kirkland's mother. Miss Frederick bribes Alexander, who has been pulling a sympathy act on the heroine and managing to get away with it, to get Miss Moore to a Long Island shack and have her sleep there overnight. The gag works and Kirkland breaks off with his sweetheart. The heroine mar- ries the saxophone player and band leader and later discovers the whole plot. She makes Miss Frederick confess and everything is straightened out. The marriage to Alexander is annulled and the love birds are free from family hindrances. SHORTS BVay Takes Hold to Good Average Level Business was generally good along Broadway last week, but with no out- standing attractions running away with fancy figures. "Joe Palooka" took a good $40,850 in its first seven days at the Rivoli, "Queen Christina" reached $60,115 at the Capitol, "Wonder Bar" grabbed $43,863 at the Strand and "Death Takes a Holiday" was good for $36,- 000 at the Paramount. "Catherine the Great" fell off to $12,702 in its fourth week at the Astor. Estimated takings : Week Ending March 5: "PALOOKA" (U. A.) RIVOLI— (2,200), 35c-99c, 7 days. Gross: $40,850. Week Ending March 6: "DARK HAZARD" (Warners) RIALTO— (2,200), 25c-65c, 2nd week, 6 days. Gross: $9,000. "DAVID HARUM" (Fox) RKO MUSIC HALL — (5,945), 35c-$1.65, 7 days. Stage show. Gross: $60,115. Week Ending March 7: "QUEEN CHRISTINA" (M-G-M) CAPITOL— (4,700), 3Sc-$1.65, 7 days. Stage show. Gross: $42,500. "IT HAPPENED ONE NIGHT" (Col.) PALACE— (2,500), 25c-75c, 7 days. Stage show. Gross: $16,030. PARAMOUNT— (3,700), 35c-99c, 2nd week, 7 days. Stage: Phil Baker and others. Gross: $36,000. "NINTH GUEST" (Col.) ROXY— (6.200), 25c-65c, 7 days. Stage show. Gross: S18.900. "WONDER BAR" (F. N.) STRAND— (2,000), 25c-$1.10, 7 days. Gross: $43,863. Week Endinq March 9: "CAROLINA" (Fox)— Four days "EIGHT GIRLS IN A BOAT" (Para.) Three days RKO CENTER— (3,700), 25c-55c, 7 days. Gross: $6,390. Week Ending March 12: "BEDSIDE" (Warners) MA YFAIR— (2,300), 35c-85c, 7 days. Gross: $6,100. Week Ending March 13: "CATHERINE, THE GREAT" (U. A.) ASTOR— (1,012), 55c-$2.20), 4th week, 7 days. Gross: $12,702. Ampa to Resume Its 'Naked Truth' Party The Ampa dinner planned for the Astor on April 21 will mark a re- version to the "Naked Truth Dinner" which, for some years, marked the organization's annual social highlight. The proceeds are to be divided equally between The Film Daily Relief Fund and the M.P. Charity Fund. Rudy Sanders, Robert Wolff and Louis Nizer are the prime movers in the latter charity. Marvin Kirsch, Ray Gallagher, Ed- ward Finney, Louis Goldberg, Mon- roe Greenthal, Paul Gulick and Ed- ward MacNamee yesterday were elected the nominating committee to put up new Ampa officers. The com- mittee will meet next week to make its selections. Para. Testing "Melody" Paramount is releasing "Melody in Spring" in three spots Easter Week in advance of a big exploitation cam- paign planned. The picture opens simultaneously in Washington, New York and Chicago the end of March. General release is being held up pend- ing results of the three bookings. "Himalaya" (First Division) As a photographic record of the ascent of Mt. Everest, the world's highest mountain, by Dr. Deyren- furth's International Himalayan Ex- pedition, this featurette should hold any audience's interest. Beginning with the trek of the expedition through Tibet, and showing some of the cus- toms of the natives, including the fa- mous "Devil Dance of the Warrior Monks," it winds up with an inspir- ing shot from the mountain top. De- tails and preparations for the climb are explained in off-screen dialogue by Lowell Thomas. Running time, 33 mins. "Playful Pluto" (Walt Disney-U. A.) A day at home in the life of Mickey Mouse and Pluto, the Pup, is the basis for this hilarious Disney short. Humorous details of dog be- havior under trying circumstances are so well presented and synchronized as to make it one of those rare sub- jects that no one would mind seeing a second time. Running time, 8 mins. "Laughing with Medbury In South America" (Walter F utter-Columbia) A few outstanding scenic shots of Amazonian waterfalls, jungle animal and bird specimens and street scenes in picturesque Buenos Aires distin- guish this contribution to the John P. Medbury travel series. The wisecracking lines by Medbury which accompany the reels are of less conse- quence in this than what his camera catches. Running time, 8 mins. "Mediterranean Blues" (Educational) Cinecolor views of various Medi- terranean, ports beginning in Italy and including Algiers and other north African spots. The narrative is by Claude Flemming. The subject mat- ter is interesting, but the color is foggy. Running time, 6% mins. "Screen Souvenirs" (Paramount 3-7) A conventional "Screen Souvenir" having shots of Gloria Swanson, Bobby Vernon, Lewis Stone, Gladys Hanson and Bryant Washburn in old- time pictures. The usual "meller- drama" ends the reel. Time, 7 mins. 1 "One Night" $16,000 Hit, Kansas City Kansas City, March 15. — Colum- bia's "It Happen One Night" turned the tables on opposition from 25-cent admissions and double bills at com- petitive first runs and rolled up a smash $16,000 in* eight and one-half days, which is $9,000 above the Main- street's normal for seven days. The take is the peak for the Mainstreet's straight film attractions in many moons and even exceeds many of the combination shows in recent months. The picture was given an elaborate opening Wednesday night, with plenty of ballyhoo. The Midland's gross of §11,200 with "Mystery of Mr. X" was swelled several hundred dollars by a personal appearance Thursday night of Clark Gable and Gene Raymond, who stopped off briefly en route to the west coast. Huge crowds packed the railroad station and streets surround- ing the theatre for a glimpse of the M-G-M star. Raymond's appearance was unexpected and was not adver- tised. "Devil Tiger" was another good draw, securing $2,500 at the Royal. The Newman experienced a slump in the second week of its new policy of duals at 25 cents, while "I Like It That Way," at the Uptown, also fell below average. Total for the week was $37,200. Average is $30,500. Estimated takings : Week Ending March 7: "I LIKE IT THAT WAY" (Univ.) UPTOWN— (2,000), 25c-40c, 7 days. Gross: $2,500. (Average, $3,000) Week Ending March 8: "IT HAPPENED ONE NIGHT" (CoL) MAINSTREET— (3,049), 25c-40c, i'A days, plus Saturday late show. Gross: $16,000. (Average, 8-4 days, $8,500) "I'VE GOT YOUR NUMBER" (Warners) "HIS DOUBLE LIFE" (Para.) "NEWMAN — (1,800), 25c, 7 days, plus Sat- urday midnight show. Gross: $5,000. (Av- erage, $6,000) Week Ending March 9: "MYSTERY OF MR. X" (M-G-M) MIDLAND— (4,000), 25c, 7 days, plus Sat- urday midnight show. Stage: Personal ap- pearance, Thursday night only, Clark Gabl and Gene Raymond. Gross: $11,200. (Aver age, $11,000) "DEVIL TIGER" (Fox) ROYAL— (810), 25c, 7 days. Gross: $2,500 (Average, $2,000) Confer on Benefit Gladys Cooper and Walter Husto went into conference yesterday wirti British Consul General Gerald Camp- bell at the Hotel Gotham on plans foe the benefit for Associated British Charities to be held at the Metropolis tan Opera House April 15. Dennis King, Ruth Etting, the Mills Brothers the Boswell Sisters and Chester Half girls have been lined up for the pro- gram. Major Edward Bowes will be master of ceremonies. Take New Iberia House New Orleans, March 15. — Tht Elks Theatre at New Iberia, La, hzi been leased by the Sliman interests and will open Easter Sunday. Fox Holds Montenegro Hollywood, March 15. — Fox has signed Conchita Montenegro to star in four more Spanish pictures. Here comes... THE SHOW OF 1,001 SURPRISES THE MASTER CREATION OF SHOWMEN MASTER £ Conceived in daring . • . dedicated to box-office • . . a new show thrill is about to sweep across the na- tion's screens ... as inspired FOX showmen blaze the way to an utterly new idea in entertainment. Dazzling, surprising, amazing . . • resplendent with beauties, song and spectacle . . . and it goes even beyond that ... to ex- cite every emotion the human heart has known! AP°VS 1 'oo0 SONG & DANCE TUNES of the world for 1934. "Broadway's Gone Hill Billy" "We're Out Of The Red" "Stand Up And Cheer" "This Is Our Last Night Together" "I'm Laughing" "Baby Take A Bow" (Formerly "FOX FOLLIES") WARNER BAXTER MADGE EVANS • SYLVIA FROOS JOHN BOLES • JAMES DUNN 'AUNT JEMIMA' - SHIRLEY TEMPLE ARTHUR BYRON • RALPH MORGAN NICK FORAN • NIGEL BRUCE r MITCHELL & DURANT and STEPIN FETCHIT Made for your amazement by these great showmen: Produced by WINFIELD SHEEHAN Associate Producer and Collaborator on Story and Dialogue: LEW BROWN. Director: Hamilton MacFadden. Lyrics: Lew Brown. Music: Lew Brown and Jay Gorney. Dances Staged by: Sammy Lee. Dialogue: Ralph Spence. Story Idea Suggested by: Will Rogers and Philip Klein. PICTURE 14 MOTION PICTURE DAILY Friday, March 16, 1934 Only two other pictures have been accorded this honor in history of this circuit! Entire RKO Metro- politan Circuit of 40 theatres plays CLARK GABLE and CLAUDETTE COLBERT in Frank Capra's "It Happened One Night," day and date, Easter week, the best week in show business! Decision on Prices Stirs K. C. Interest Kansas City, March 15. — The trade here is speculating whether a recent decision by Federal Judge John P. Nields of Wilmington, Del., has any bearing on minimum admission price stipulations in film contracts. The de- cision was in a case involving a Kansas City drug concern, the court refusing an injunction to a manufac- turer of a food mixer, who sought to prevent sale of the machine at a retail price less than he is striving to main- tain. The court held price-fixing by con- tract or agreement unfair competition, in restraint of trade and contrary to public policy. Try Phone Reports On Plane Shipments American Airways, Inc., has de- vised a system for checking on film shipments so that consignees will re- ceive telephone reports. Films leav- ing the coast at 9:30 P. M. are sup- posed to be delivered in New York the following evening. Under the reported plan key cities along the route report arrivals to both New York and Los Angeles. Re- ports are also furnished on arrivals at Ft. Worth, Memphis, Nashville, Cincinnati, Columbus and Cleveland. Saengers Lose Tax Case New Orleans, March 15. — Peti- tions of A. D. Saenger, formerly as- sociated with Saenger Theatres, Inc., and Mrs. Bertha H. Saenger for a review of the decision of the U. S. Tax Board of Appeals for Louisiana in connection with exemption claimed in income tax returns have been denied by the U. S. Fifth Circuit Court of Appeals. Mr. and Mrs. Saenger claimed exemption on two insurance policies on Julian Saenger, who died several years ago, each having a cash surrender value of $5,725, which were paid to Saenger in 1929 by Saenger Theatres, Inc., as extra compensation in addition to his salary. Color Pictures May Quit Dover, Del., March 15. — Stock- holders of Color Pictures, Inc., of New York will meet in the offices of the corporation, 15 Broad Street, New York, on April 3 for the purpose of taking action upon a resolution to dissolve. The resolution was adopted at a meeting of the board of directors of the company here. Universal City Is 19 Hollywood, March 15. — Universal City today celebrated its 19th birth- day. The occasion was observed by placing six productions in work. Five were completed during the day. To Star Miss Sullavan Hollywood, March 15. — Margaret Sullavan is to be starred in her second picture for Universal, "Little Man, What Now?" Small Signs Colbert Hollywood, March 15. — Edward Small has signed Claudette Colbert to a one-picture contract with Reliance and is looking for a suitable story for her. A New Role Newburyport, Mass., March 15. — Twelve armed policemen emptied the contents of their revolvers into James Cagney, riddling him with bullets from head to foot — and still Cagney stood without mov- ing, erect as ever, to be the target for revolvers of twelve more policemen tomorrow. It was a life-sized portrait of Cagney and the only one police were able to dig up to paste on the boards for their regular revolver practice. FitzPatrick Plans New Type of Short The present cycle of travelogue is over and the new selling season will find a different twist in this type of shorts, J. J. FitzPatrick states. The shorts subject producer would not re- veal his plans, but says he has a dif- ferent idea which he intends to use in next season's releases. More intelligent criticism of shorts would improve their quality, he be- lieves. "Instead of moaning about the double feature evil," FitzPatrick sug- gests, "a better type of short should be substituted for the second picture on twin bill programs." Short sub- jects producers are bringing on duals, due to the decided dearth of good fea- turettes, he adds. He holds that two or three more novelty shorts of the Walt Disney type would kill off the dual craze. Radio Wants Doug, Jr. Hollywood, March 15. — Following several recent cables between Radio and Douglas Fairbanks, Jr., in Eng- land, it is reported likely the actor will sail for the United States soon to take the lead spot in "Green Man- sions" at that studio. Although Radio is ready to sign him on the dotted line, Fairbanks is undecided whether or not to leave England at this time. Form Producing Unit Hollywood, March 15. — Alexander Brothers, operating the Alexander studios here, have formed a new pro- ducing corporation to be called Bea- con Productions. They will produce a series of six topical dramas, the first of which will be called "I Can't Es- cape.' Release in this country will be through state rights with Univer- sal handling foreign distribution. Mansfield House Sold Mansfield, March 15. — A Cleve- land court today ordered the sale of the Skirboll operated Madison here for $40,000 to sa_tisfy a mortgage given the Guardian Trust Co., of Cleveland, now in liquidation. The sale was con- sidered preferable to the State Bank- ing Dept's assuming the operation of the house under a 21 -year lease. Charter Emmons Corp. Dover, March 15. — The Emmons Corp. has been chartered here to deal in cameras, projecting machines, trans- formers, etc., listing capital of 1,750 shares, no par value. The incorpora- tors are Emile Bonnott, F. F. Kane and J. A. Lauridsen of New York City. Films Aid Nations' Sanity, Says Hays "Motion pictures have made their contribution to the courage and san- ity of nations," declared Will H. Hays over a countrywide NBC hookup from WEAF last night which was rebroad- cast in England. The broadcast was for the benefit of the Cinematograph Trade Devel- opment Fund of London. It began in London at 6:45 Eastern Standard Time. At 7 o'clock the London end of the broadcast was concluded and Hays began his address here. Hays was followed in New York by Mary Pickford and Richard Arlen. When they finished speaking Hollywood was cut in and Leslie Howard, Jean Har- low and Ann Harding spoke. Among other things Hays said: "In the dark days of depression, the mo- tion picture has been a great refuge for humanity. The doors of a cinema theatre are magic portals beyond which lie the restful country of our dream. There, for a little time, one can lay aside worry and reality and live in a blessed land of make-believe. Motion pictures have made their con- tribution to the courage and sanity of nations. "So I feel amply justified in asking all within sound of my voice to give as generously as they can to the aid and support of some of those who have labored to make the lives of others more pleasant and endurable. Our own Motion Picture Relief Fund has done splendid work in this coun- try and I am sure the Cinema Chari- ties of London will receive all the help they need and so amply deserve." Kansas City Men in New Indie Exchange Kansas City, March 15. — Consoli- dated Film Distributors, Inc., of Kan- sas City, state rights exchange, ha; been organized here for independem i distribution in Kansas and westerr Missouri. Franchise deals are being negotiated with several companies, in- cluding Amity, Astor, Goldsmith anc. Chesterfield, according to the com pany. These releases have been dis tributed by Associated Film Distribu tors, which last week ceased to func tion, the reason given being lack oj capital. The new concern also will distribute' Master Arts releases, hitherto handleO by Russell C. Borg, who has joinet the organization as vice-president an>. sales manager. Borg formerly wai Educational branch manager nere fo, 10 years and more recently was wit! Columbia. W. L. Norn's is president of Con solidated and W. P. Humston secre tary-treasurer. The latter two ow the K. C. Sound Service Co., distrih' uting Syncrofilm sound equipmen- and also operate the suburban Stat Samuelson Has Four Of His Aides Picket Four of the six regional vice-pre j idents in Sidney Samuelson's advisoi cabinet as president of Allied are s and the other two territorial hea< will be appointed as soon as an A lied leader makes a survey of tl western part of the country. Sar uelson may make the trip vest No names will be announced un' all six territories are represe ed wi leaders who will play an a pa in Allied's expansion camp£ I A powerful story, a grand cast, gorgeous sets and ace entertain- I ment! Soon on its way— rELISSA ILANDI in "Sisters Under The Skin," with Frank Morgan and J Joseph Schildkraut. Directed by David Burton. The star of stars in the hit of hits! JOHN BARRYMORE in "20th Century," with Carole Lombard, Walter Connolly. Roscoe Karns, who did such outstanding work in "It Happened One Night," has been added to the cast. A Howard Hawks Production from the play by Ben Hecht and Charles MacArthur. y 1 ALIFORNIA Here We Come!" THE MOST IMPORTANT DATE IN EXHIBITOR HISTORY-APRIL lOth-12'h Every word of this announcement is of vital interest to the showmen of America. On April 10th in Los Angeles an unprecedented oppor- tunity offers itself to theatre owners. The FOURTEENTH ANNUAL CONVENTION OF M.P.T.O.A. organized under the most favorable circumstances as regards economy and combination of business and pleasure, promises to be a signifi- cant event in the history of motion pictures. ITS PURPOSES With greatly reduced fares, and low expenses it has been made possible to plan a real business convention, together with the opportunity of a lifetime to go behind the scenes, learn how talking pictures are made, and to survey coming product. MAJOR AIMS To exchange and review actual experi- ence with the functioning of the NRA Code for the Motion Picture Industry a. The local Grievance and Zoning Boards jj b. The trade practice provisions c. The labor provisions d. Discussion of how the Code can be improved. ! PRODUCER MEETS EXHIBITOR ; Here is a real opportunity for round table ' discussions between the people who make picture and the people who sell them to * r i and opinions, to bring about a better ap- preciation of both of the other fellows troubles and problems. BEHIND THE SCENES This is the first exhibitor convention in Los Angeles since talking pictures and therefore it is the first opportunity of theatre owners personally to see and ex- amine the actual production of the talking pictures they will play in their own theatres the coming season. Know the technical processes used in manufacturing the prod- uct you sell at retail to your patrons. a. the public, exchange of views, experiences g. CONVENTION TOPICS Improved methods in theatre opera- tion, to raise the standards of exhibi- tion, theatre management and theatre advertising. Organized efforts to increase interest in and attendance at motion picture theatres. 1. Cooperation with local and na- tional public groups sincerely inter- ested in motion pictures. 2. In competition with other forms of amusement, such as radio, dancing, carnivals, amusement parks, etc. Protection through organization against unfair and discriminatory taxes on theatres and theatre admissions, censorship, drastic regulatory legisla- tion and ordinances. Double features — an evil or a blessing. Efforts to restrain cut-throat competi- tion between theatres. Modern theatre construction, remodel- ing and equipment. Labor problems. h. Public relations programs for the local exhibitor. i. Famous speakers will address the con- vention on subjects of interest to ex- hibitors. THE FACTS 1. Name of organization: Motion Picture Theatre Owners of America National Headquarters: 1600 Broadway, New York, N. Y. f 2. Affair: 14th Annual Convention. 3. Place and Date: Los Angeles, April 10th to 12th, 1934. 4. Convention at: The Ambassador Hotel, Los Angeles, Cal. 5. Minimum rates: $5.00 single, $7.00 double. 6. For hotel reservations communicate with Ben Berenstein, Chairman, Ar- rangements Committee, 1914 South Vermont Ave., Los Angeles, Cal. 7. Lowest fares ever offered due to special convention rates. For railroad infor- mation and reservations communicate with M. P. T. O. A. National Head- quarters, 1600 Broadway, New York, N. Y. 8. Convention Specials from Chicago and New Orleans, arriving Monday, April 9th. 9. Arrange for return trip and route you want, rail or boat. 10. Convention is for M.P.T.O.A. mem- bers, their friends and guests. 1 1. Access to the studios is assured for con- vention delegates and their guests. 12. Forenoons will be devoted to business sessions, afternoons to trips through the studios and evenings to social af- fairs, banquet and entertainment. rtvij KEEP THIS PAGE FOR REFERENCE SOLD OUT WEEK IN ADVANCE! All r shattered ot the two-a-day ,$2 Astor Theati Read these brief excerpts from the marvelous reviews accorded "The House of Rothschild" by j the New York newspaper critics: \ SUPERB! — Daily News GRIPPING! — N.Y American "MAGNIFICENT!" — Daily Mirror BRILLIANT! — Evening Journal "4 stars (highest ranking possible)! Arliss has never equalled his playing in this picture. Beautifully mounted, masterfully directed!" — Kate Cameron *■*★'■* "Not only motion picture entertain- ment but significant drama. Arliss at his best. Cast gives exquisite support!" — Regina Crewe * ★ ★ ★ "This brave picture is the most impres- sive film the great Arliss ever made. Forty splendid players support him. A picture of genuine importance, stately beauty and stirring dramatic force!" — Bland Johaneson ★ ★ ★ ★ "Filmed with a magnificent dignity. Should prove to be one of the most im- portant and talked-about productions of the year. Unfolded with absorbing clarity and a richness of character- ization." — Rose Pelswick EXCELLENT! — Herald-Tribune GRAND ! — N. Y. Times VIVID! — N. Sun FIERY!" — World -Telegram "FASCINATING!" — Evening Post "Narrative invariably skillful i telling. Arliss decidedly at his be this excellent cinema adventure!' I — Richard Watt it * * * "Arliss outshines any performam has contributed to the screen! Dia smart and witty, direction and st. excellent!" — Mordaum ★ ★ ★ ★ "A smashing good picture! dramatic force and distinction i presentation!" — Eileen Cree ★ * ★ ★ "Impressive and compelling, beaut performed and directed ! A timeb fiery document! Played by a corr too fine to single out any one play individual praise ! " — Wm . Be ★ ★ * * "Impressive characterization brc vividly to life! A fascinating study fully cast!" —Thornton Dele JOSEPH M. SCHENCK presents GEORGE ARLISS in a DARRYL F. ZANUCK production HOUSE of ROTHSCHILD BORIS KARLOFF . LOR ETTA YOUNG • ROBERT YOUNG . HELEN WESTLEY And a Distinguished Supporting Cast of One Hundred anna Re/eased thru UNITED ARTISTS MOTION PICTURE DAI LY Hollywood On Parade ===== By BILL SWIGART ========= "Number" Portland Leader at $3,800 Portland, March 15. — '"I've Got Your Number" made the best show- ing here last week, but failed to stir much excitement on a $3,800 gross at the Music Box. This was $800 over normal. "Nana" pulled a par $5,000 at the United Artists, but the other three first runs were below normal. First run totals were $21,200. Average is $21,000. Estimated takings for the week end- ing March 8 : "THIS SIDE OF HEAVEN" (M-G-M) "BOMBAY MAIL." (Univ.) BROADWAY— (1,912). 25c-35c-40c, 7 days. Gross: $5,900. (Average, $6,000.) "I'VE GOT YOUR NUMBER" (Warners) MUSIC BOX— (2,000), 25c-35c, 40c, 7 days. Gross: $3,800. (Average, $3,000.) "BITTER SWEET" (British) "THRONE OF THE GODS" (1st Div.) PANTAGES — (1,700), 15c-25c, 7 days. Gross: $1,900. (Average, $2,000.) "DEVIL TIGER" (Fox) "SEARCH FOR BEAUTY" (Para.) PARAMOUNT — (3,008), 2Sc-35c-40c, 6 days. Gross: $4,600. (Average, $5,000.) "NANA" (U. A.) UNITED ARTISTS— (945), 25c-35c-40c, 7 days. Gross: $5,000. (Average. $5,000.) Stage Shows Return To Frisco Orpheum San Francisco, March 15. — Charles Caballero, manager of the F. & M. Orpheum, resumed stage shows to- day with the Four Mills Brothers as initial attraction. After a two-week booking, the Mills freres will be fol- lowed by Ted Lewis, also dated for a fortnight. Other name acts to appear include Ben Bernie, Earl Carroll's "Vanities," "The Student Prince," Kate Smith, Duke Ellington and 01- sen & Johnson. Code Eagles Out Soon Kansas City, March 15. — In the next few days, the new "code eagle" organization will be perfected to be- gin distribution of the insignia which will take the place of the familiar blue eagle, according to word from Charles F. Horner of Kansas City, who has been called to Washington as special assistant administrator to direct the "code eagle" campaign. Thousands of the new NRA insignia are being printed for distribution to the code authorities in the different trade groups. In design they are similar to the "blue eagle." Fox Re-Signs Two Hollywood, March 15. — As a result of his work in "Stand Up and Cheer," Warner Baxter will be given star billing exclusively and will not be farmed out, Winfield Sheehan de- cided yesterday upon signing him to a new long-term contract. Spencer Tracy was also signed to a long termer on the same terms. Long Termer for Raft Hollywood, March 15. — Before his departure for New York today George Raft was signed by Paramount to a long termer with bigger pay and fat- ter roles. Two New Fox Ad Men C. J. Rossiter has replaced F. C. Bernard as ad sales manager of the Fox exchange in San Francisco. W. C. Hallwachs has succeeded N. E. Kassell in the Chicago branch. Hollywood, March 15. — Activity on the cooperative technical program of the research council of the Academy is now in motion after the first meet- ing of the reorganized council, pre- sided over by Samuel J. Briskin, chairman. Resumption of the nine projects which were interrupted some time ago was authorized and each subcommittee will meet soon to resume individual projects. A finance committee consisting of Briskin, Carl Dreher and Nathan Levinson was appointed to work out details of financing of which the pro- ducers sometime ago offered to pay their share. Gordon S. Mitchell was appointed manager of the technical bureau of the Academy, through which all ac- tivities of the technicians' branch, the research council and its subcommittees are coordinated. Members of the council and studios which each represented are : Sam Briskin and George Said, Columbia : E. H. Hanson, Fox : Douglas Shearer, M-G-M.: Farciot Edouart, Paramount : Carl Dreher, Radio : Thomas Moulton, 20th Mentury : C. Roy Hunt, Universal and Nathan Levinson, Warner-First National. • Now that Earl Carroll brought his own beauties here from New York for his Paramount picture, the beauty specialist plans to return with the same girls, plus 20 to be selected in Hollywood. He said he will select 20 blondes and use them for his next production of the Vanities in New York. This may be considered re- ciprocity by local girls who resented the producer importing girls when so many better looking and more cap- able chorines could be had in Holly- wood for the asking. • Faced with the problem of using an Automat for the background of a sequence in "The Loudspeaker," Monogram had the choice of sending the troupe to Chicago or building an exact replica of an eight-unit restaur- ant here. The studio decided the lat- ter would be the cheaper. Bruce Johnson, formerly foreign representative for First National, is now functioning as branch manager of the San Francisco exchange of Independent Film Distributors, Inc. • The commission of aviation engin- eers sent to the United States by the Russian government to study Ameri- can commercial aviation turned atten- tion to the make-believe by being guests of M-G-M in company with Mr. and Mrs. Elliott Roosevelt. The group of Russian visitors includ- ed B. J. Kuznetzov, A. E. Sterlin, H. A. Sobolov, B. F. Matrosov and S. Shumovski. • Notes For The Book . . . Another local college boy makes good in Hol- lywood. His name is Jeffrey Taylor and he was discovered by Ben Piazza who lost no time in signing him to a term contract with M-G-M. . . . Although actual production on "David Copperfield" will not be started for the next three months, Dave Selz- nick has signed Elizabeth Allan as the first of a cast of 68 principals. . . . Charles Boyer, who recently married Pat Patterson after a three week romance, will soon make his American debut as an actor in Jesse Lasky's forthcoming production, "The Private Life of Casanova." Which brings to mind that, while all these historic private lives are heine ex- posed, why not pick on some of the stars? . . . Imagine what box-office "The Private Life of Garbo" would be. . . . Not satisfied with being a successful scenario writer, fiction scribe and author of the "Ella Cind- ers" syndicated comic strip, Bill Con- selman has turned lyricist with an assignment from Fox to write the words for two song numbers for Peggy Wood in "Merry Andrew." . . . Jimmy Cagney donated his serv- ices long enough to act as an auc- tioneer for a San Francisco Woman's club and succeeded in raising §3,000 in the sale of autographed manu- scripts and etchings donated to the club by the best writers and artists from Carmel, Monterey and points north. . . . • For the third time Frances Marion has been nominated for the annual Academy awards for the best original. This year she is running against Charles MacArthur and Robert Lord for the outstanding story through her work on "The Prizefighter and the Lady." She won the Academy statuette in 1929-30 for writing "The Big House" and in 1931-32 for writ- ing "The Champ." Karl Strauss also comes up for another statuette this year for his photography in "Sign of the Cross." He won this coveted honor 1927-28 for his photography in conjunction with Charles Rosher in filming "Sunrise." • Again Garbo and M-G-M have their daggers out. This time it is her in- sistence upon having Rouben Ma- moulian direct her next picture when the powers-that-be insist upon Victor Fleming. • More Notes of Interest If Not Surprising! . . . Sally Rand stud- ied to be a missionary at Christian College, Columbia, Mo. . . . Anita Louise is coming back in a prominent part in "The Most Precious Thing in Life" for Columbia. Her last ap- pearance was in "Always Civilized" directed by Edwin Carewe Madge Evans back home from a ton- sil operation and receiving orchids from Tom Gallery. . . . More than three studios have voiced their in- terest in filming the life biography of John McGraw, which proves how fast the oicture brains are in waiting until a hero dies before becoming in- terested in his life work. . . . The best and most popular way of Holly- wood studios taking in visiting New York columnists is to either buy an idea for a story or give them an acting job. It matters not whether they use the story or acting as long as the scribes get the checkeroo, it seems. . . . Ken Maynard has given up his fast motorcycle for a four wheeled motor after he had skidded and nearly lost a leg. . . . Carole Lombard's metal dress nearly cost her life when it contacted with a live electric switch on the set for "Twen- tieth Century" at Columbia. Fast work of electricians rescued her. . . . Fox is combining the best parts of "Easy to Love" and Bernie Lead Omaha Omaha, March 15. — A house rec ord toppled at the Orpheum and othet first runs found the going toughei than ever. Ben Bernie and his lad paid this town a visit last week. Gros was $17,250, nearly $1,000 over Callo way's business last season. Pictur on the bill was "Easy to Love," bu it didn't matter what filled in betweei_ stage shows. Duals everywhere else, includin; the Paramount, where the new pol icy's first week got a fair $6,750. Th bill included "The Cat and thj Fiddle" and "The Poor Rich." The Brandeis slipped to $3,750 wit- "Hips, Hips, Hooray" and "The Bi. Shakedown." "Devil Tiger" an "From Headquarters" at the Worl got about $4,250. Total first run business was $32 000. Average is $25,750. Estimated takings : Week Ending March 6: "HIPS, HIPS, HOORAY" (Ratfo) "THE BIG SHAKEDOWN" (F. N.) BRANDEIS— (1,100), 25c-35c, 7 day Gross: $3,750. (Average, $5,000). Week Ending March 8: "THE CAT AND THE FIDDLE" (M-G-M) "THE POOR RICH" (Univ.) PARAMOUNT— (2,900), 25c-35c-40c, days. Gross: $6,750. (Average, $7,500 "EASY TO LOVE" (Warners) ORPHEUM— (3,000), 25c-35c-50c, 7 day Stage: Ben Bernie's band. Gross: $17,25 j (Average, $8,230.) Week Ending March 9: "DEVIL TIGER" (Fox) "FROM HEADQUARTERS" (Warners WORLD— (2,200), 25c-35c, 7 days. Gros $4,250. (Average, $5,000.) K. C. Employment Up Kansas City, March 15. — An opt mistic note is an increase of 10.2 payrolls here in January as compan with January, 1933, as shown in ; tabulation of reports by 87 firms : the Chamber of Commerce industri committee. The largest increase w in the automobile and steel industric January figures showed a drop frc last December, however. First quarter business reports, d in 30 days, are expected to indies' a substantial increase over the sail period in 1933. Para.' s Musical "WinkL Hollywood, March 15. — Paramoi has declared a priority over Radio the right to the title "Rip Van W kle" and will make a screen musi with W. C. Fields and Lyda Robe heading the cast. three "Judge Priest" stories for W: Rogers and Irvtn Cobb is all the mc richer for selling three yarns inst( of one. . . . Lionel Barrymore celebrating his 25th anniversary the screen, having made his fi flicker at the old Biograph. Sii then he has been alternating betw< stage and screen, devoting the p eight years exclusively to the latl . . . Clicking a candid camera at slightest provocation is becoming popular that the lense pushers getting into the hair of those in limelight. Even the autograph se ers are wise to the practice and, wl they can't get a signature, they si stars on the spot, often times cat ing them at a disadvantage with t usual belligerent and disapproving pression at being accosted for an ai graph. The Leading Daily .m Newspaper of the Motioia Picture Industry MOTION PICTURE DAILY Alert, Intelligent and Faithful Service to the Industry in All Branches ,rOL. 35. NO. ti3 NEW YORK, SATURDAY, MARCH 17, 1934 TEN CENTS Earners Set For 60 Again Next Season tusiness Gaining, States Jack L. in Chicago Chicago, March 16. — Warners are finitely set on 60 features and 300 icrts and the selling season will be- p May 1, declared Jack L. Warner, eduction head of Warners, here to- iv on his way to New York. IThe number of color shorts, he said, obably would be hiked from five, I figure this year, to 12 next season, Ith all color shorts to be made on the (.Continued on page 2) 'hila. Talks Need Of Production Cut Philadelphia, March 16. — Writh ■>rt product than is needed at pres- t and the independents being Dwded out of the Mayfair and alto, there is talk here of starting move to have the government limit Dduction the way it limits crops, :ording to the Exhibitor. Extended playing time for the bet- I pictures of the majors has caused 'ire trading of playing time than 'ir before, it is said. astman Profits in 1933 Nearly Doubled Eastman Kodak Co. yesterday re- rted a net income of $11,119,044 J- the year ended Dec. 30, 1933, after charges. This compares with $6,- ;3,748 the year before. Earnings for |33 were equivalent, after dividends ' preferred stock, to $4.76 per share ' the common, as against $2.52 for ui2. Total volume of business lowed a substantial increase in "trly all products during the last p of the year," said the firm's ■Uncial statement. Menace Over the wire from Miami yesterday from Jack Cohn P and Nathan Burkan: *'Hal Home insists on clut- tering up our box with Mo- tion Picture Daily. He is be- coming a positive menace, j Either make Home read them himself or stop sending them Pi to him, or send professional f_ reader to read them to all f of us." The editor refused to take anv action. Hepburn First Actress; Laughton King of Actors F or her work in "Morning Glory" For his work in "Henry VIII" Los Angeles, March 16. — Filmdom's highest honors were announced tonight at the sixth annual dinner of the Academy of M. P. Arts and Sciences in the Fiesta Room of the Ambassador Hotel, which was attended by more than 750 of the leading Hollywood figures, including executives, players, directors and technicians. The winners : Best Performance, Actress Katharine Hepburn for "Morning Glory." Best Performance, Actor Charles Laughton for "The Private Life of Henry VIII." Best Direction Frank Lloyd for "Cavalcade." Best Production "Cavalcade" (Fox). Best Original Story "One Way Passage," by Robert Lord. Best Adaptation "Little Women," by Sarah Y. Mason and Victor Heerman. Best Cinematography Charles Lange for "Farewell to Arms." Best Art Direction William Darling for "Cavalcade." Best Sound "Farewell to Arms" (Paramount). Best Short Subjects Comedy — "So This Is Harris" (Radio). Novelty — "Krakatoa" ( Educational ) . Cartoon — "Three Little Pigs" (Disney-U. A.). (Continued on page 4) Para. Theatre Pool in South Said Brewing Plan Rumored to Include About 500 Houses New Orleans, March 16. — Gossip that Paramount theatre operators in the south would pool interests to form a theatre corporation reaching from the Atlantic coast solidly westward through Texas, creating an affiliated circuit of approximately 500 houses, is stirring plenty of discussion in in- dustry circles here. Reported to be involved in the ru- mored combine are the circuits oper- ated by E. J. Sparks in Florida ; Wil- by-Kincey in the Carolinas; Saenger interests here and throughout neigh- boring states, and the Karl Hoblit- (Continued on page 2) Delaware Bill for Censors Introduced Dover, March 16. — Rep. Robert Hopkins of Milton introduced in the Delaware Legislature today a bill to create a film board of censors, com- posed of three members, one of whom must be a woman, and to make it un- lawful to show in the state any film having for its principal actor or act- ress any divorced person or any per- son convicted of any infamous crime or crimes involving moral turpitude. It also sets out that it would be un- lawful to show any film which is ob- scene or disrespectful to any race, class or persons or professions. Mayf air's Tickets Are Again Protested Recurrence of "courtesy tickets" at the Mayfair yesterday resulted in an- other protest from the Roxy to Divi- sion Administrator Sol A. Rosen- blatt. Howard S. Cullman, receiver for the Roxy, enclosed in his letter to the NRA official a "managerial courtesy" pass, asking for action. The pass has on it the NRA insignia. Recently, the assistant manager of the Mayfair stated the giving away of "courtesy" passes had been stopped. Warner, Wehrenberg Confer on St. Louis Theatre building by Warners in St. Louis is seen as remote as a result of conferences yesterday between H. M. Warner and Fred Wehrenberg. St. Louis independents pledged coopera- (Continued on page 2) MOTION PICTURE DAILY Saturday, March 17, 193-4 MOTION PICTURE DAILY (Registered U. S. Patent Office) Vol. March 17, 1934 No. 63 Martin Quigley Editor-in-Chief and Publisher MAURICE KANN j^r Editor JAMES A. CRON Advertising Manager Published daily except Sunday and holi- days by Motion Picture Daily, Inc., sub- sidiary of Uuigley Publications, Inc., Martin Quigley, President; Colvin Brown, Vice-President and Treasurer. Publication Office: 1790 Broadway, New York. Telephone CIcle 7-31UU. 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. Clifford, manager; London Bureau: 6 Brookland Close, Hampstead Garden Suburb, Bernard Charman, Representative; 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: 11 Olaaz Fasor 17, Endre Hevesi, Representative. 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. Germany Puts a Ban On "Song of Songs" Berlin, March 16. — Paramount's "Song of Songs," with Marlene Die- trich, was banned throughout Ger- many today by order of the govern- ment without explanation. The Paramount foreign department said yesterday that it had not been advised yet of the reasons for the ban and that no action could be taken until it had been. Its Berlin repre- sentative expects to have the official reasons disclosed to him later. Aus- tralia and India banned the picture several months ago. Announcement was made in Berlin several days ago that Miss Dietrich had contributed to a welfare fund there. Miss Dietrich explained in Hollywood she had donated $500 to the winter fund for German poor children, and that it was not intended as a contribution to the Nazi party. Mayor Gets 306 Protest Mayor LaGuardia was asked yes- terday by a delegation representing Local 306 and Rahman de Belal M. P. Operators' Post, American Legion, to refuse to attend the installation of of- ficers of the I. T. O. A. at the Hotel Astor Monday night on the alleged ground the exhibitor organization has shown unfairness toward organized labor and has violated the code. Gulf States to Meet New Orleans, March 16. — Gulf States Theatre Owners Ass'n will hold a two-day convention at the Roose- velt April 10 and 11. Warners Set For 60 Again Next Season {Continued from page 1) Coast beginning in April. All others will be made in the East. Warners reached a high point in their output this year, he said, with the company completing 60 features in 12 months. The production season started May 18 last year. This is more than in any previous year and is the first time the company has deliv- ered all that it had promised. In some previous years more had been promised, Warner said, but only 50 or 52 had actually been delivered. Theatres generally • are showing a 15 to 20 per cent increase over last year, Warner said, with the outlook favorable for continued improvement. Conditions are better everywhere, he asserted, except in California where industries are lagging. The NRA has increased costs 15 per cent, he said, but, he went on, "you pay out 15 per cent more and get back 40 per cent more. If it weren't for the NRA, where would we be at?" The Warner production head is chairman of the California state NRA. Commenting on the salary problem, Warner said he did not anticipate cuts in high salaries. "To get high quality you have to pay high salaries," he said. "Four musicals will be on the com- pany's schedule next season, one of which will be with Jolson," he stated. There will also be an increase in the number of Spanish dialogue pictures for Latin countries, with Enrico Ca- ruso, Jr., starred in one. Dinner for Dowling Philadelphia, March 16. — Eddie Dowling is to be guest of honor at a dinner to be given here on April 4 by a group of Democratic leaders. M. E. Comerford, Frank C. Walker, Post- master General Farley and others are expected to attend. Dave Milgram a Father Philadelphia, March 16. — Dave Milgram is proud father of a seven and one-half pound boy named Will- iam. Mrs. Milgram is doing nicely. Para. Theatre Pool in South Said Brewing (Continued from page 1) zelle interests in Texas. A report that details of the plan would be dis- cussed by the Paramount theatre mentors meeting Saturday at Bay St. Louis were answered at Saenger head- quarters here with the statement that E. V. Richards, head of Saenger, is not expected back from a current bus- iness trip until next week and is too far away at this time to reach Bay St. Louis by tomorrow. Local strength is loaned to the re- port of the rumored combine, how- ever, by the fact that Hoblitzelle's Interstate Circuit filed a Louisiana charter a year ago listing Marc A. Bane, James L. Champagne and Guth Anderson as incorporators. Saenger offices here are given as the addresses of all three. Richards' recent reorgan- ization of the Peninsular Circuit. Florida, and his continued absence from the city are also cited by local theatre men as lending credence to the report. Confirmation is completely lacking. M. P. Club's New Bar To Be Ready April 1 The new bar for the lounge of the Motion Picture Club will be ready about April 1 for a dedication with appropriate ceremonies, club officers stated yesterday. Regular cocktail hours with dancing will be on the club's social calendar following the opening of the bar. Applications for membership con- tinue to come in in large volume, it was said. The initiation fee is still suspended for those making applica- tion now but will be resumed after the reorganization period. Texas Walkathon Ban Up Austin, Tex., March 16. — A bill to ban walkathons has been passed by both branches of the legislature and is now awaiting the governor's signa- ture. Universal Pfd. Up 2 on Big Board Columbia Pictures, vtc. Keith-Albee-Orpheum, pfd. Loew's, Inc Paramount Publix Pathe Exchange Pathe Exchange "A" RKO Universal Pictures, pfd Warner Bros Net High 27 Low Close Change Sales 2654 27 + 56 1,000 16« 16 16 — H 800 8954 8954 8954 +1 200 1554 1554 1554 -54 30 30 30 100 32?i 32 3254 + 56 5.500 554 5 554 4,700 354 354 354 + 54 2,600 1854 mi 1874 + y$ 1.100 m 354 3% + y& 2.500 35 35 35 +2 1.000 6% 644 1.300 Technicolor Off Vi on Curb High Low Close Technicolor 9 9 9 Trans Lux 256 256 256 Net Change Paramount Publix Bonds Up High General Theatre Equipment 6s '40 1054 General Theatre Equipment 6s '40, ctf 954 Keith's B. F. 6s '46 64 Loew's 6s '41, ww deb rights 9854 Paramount F. L. 6s '47 49 Paramount Publix 554s '50 50 Pathe 7s '37, ww 9354 Warner Bros. 6s '39, wd 5654 Low 1056 95-6 64 4954 9354 56 Close 1056 954 64 9856 49 50 9354 5654 2 Net Change -56 - 54 + 54 Sales 100 100 Sales 31 6 1 4 12 6 4 18 4 Purely Personal i NAT SPINGOLD, Abe Montagu? Bill Jaffe, Howard Dietz. Moi Spring, Leo Lubin, Eugene Zvko< George Weltner, John Flinn, Lou; Phillips, Harry Brandt, Lou: Blumenthal, William Small, Jaci Shapiro and Joe Vergesslici among the noon-day diners at the M P. Club yesterday. Joseph Quittner, Edward Mad den and Max Rudnick are plannin; to reopen the Central on a burlesqu policy about March 24 under the narr. of the Columbia. Richard Hall of the Warwick wi be host at a St. Patrick's Day cock tail party for stage and screen bigwig this afternoon with Eddie Dowlin officiating as master of ceremonies. Warner, Wehrenberg Confer on St. Loui (Continued from page 1) tion with Warners in return for sirr ilar cooperation from the circuit on erators. Wehrenberg came on from Wasl ington after conferring with Divisk Administrator Sol A. Rosenblatt. B< fore returning to St. Louis yeste day, the head of the Eastern Missou and Southern Illinois exhibitor un also talked to Harry C. Arthur, wl expects to acquire the Missouri, An! bassador and Grand Central in 5 Louis about August 1. Portland Groups to Enter Theatre Fiel Portland, March 16. — The Por land Council of Churches, Parer Teachers Ass'n. and various womer organizations have organized a M tion Picture Council for the purpo of opening a downtown theatre whe only approved films will be show The new organization claims the is need of films suitable for juven entertainment. How other theatres will view t new competition and what attitu distributors will take toward furnis ing film has not been learned as y Hornig Named Heat Of Maryland MPT Baltimore, March 16. — New o cers were elected and installed vest< day by the M. P. T. O. of Maiylai Frank A. Hornig was named pre dent ; Arthur B. Price, vice-presidei J. Harry Gruver, treasurer : He Connelly, secretary. Louis Gaertn Walter Pacy. Herman A. Blum, S; Soltz, Thomas D. Goldberg, J. Lo Rome were named to the directors County directors were elected as f lows: Philip Miller, Annapolis, M' Earle Burkins, Belair, Md. Beecher Goes to Coast Milton Beecher of the M-G publicity department left yesterday the coast to confer with How; Strickling. He will stop off at Louis and Denver. Accompany him is Fred Wilcox, assistant dir tor. Beecher will be gone abou' month. Just as FOX won the nationwide Film Dc^lly "Critics Poll" for the year's best picture • • . and won two! out of the first three places in Motion Picture Herald's "Biggest Box Office Nafries" questionnaire. Every day III 11 #1 brings added prestige and profit to Inhibitors playing FOX pictures. ' ill IP r 11 ^ lliiiii ■ jilltii K, Nil i| il MOTION PICTURE DAILY Saturday, March 17, 193 Rule Theatres Not Insurers of Safety Columbia, S. C, March 16— A theatre is not an insurer of the safety of its patrons, the Supreme Court rules in affirming an order ^of non- suit in the "stench bomb" action against the Carolina Theatre of Co- lumbia. The court affirmed an order of Judge M. S. Whaley of the Richland County Court, dismissing the action for damages brought by Annie Law- son Pope, who alleged she tripped and fell while trying to escape the "nau- seating" fumes of the bomb. The plaintiff asserted the theatre was neg- ligent in allowing a person to enter with the bombs and in leaving the carpet in such a condition that she was tripped when she left her seat. Acting Associate Justice W. C. Cothran, writer of the court's opinion, said that the non-suit was granted on the ground that there was no proof "of actionable negligence or wilfulness to be submitted to the jury," and that the court agreed with the trial judge. In response to a request from the plaintiff-appellant's attorney to de- clare the law that a theatre was an insurer of its patron's safety the same as a common carrier, Justice Cothran said even a common carrier was not liable for injuries if no negligence or wilfulness were proved. He said fur- ther that the law in South Carolina was that a theatre was not an insurer. "Harum" Wow in Akron Akron, 0., March 16.— Will Rog- ers may tumble the house records at the Colonial before "David Harum" departs. Its run, originally for £ week, has been extended to two weeks perhaps longer. "Little Women" holds the local record with 17 days. Muskogee in Price War Muskogee, Okla., March 16. — Re- cent opening of the Gem by A. B Momand at five and 10 cents for adults and three cents for children has started a price war in which Robb and Rowley have joined. Louis Borzage Killed Hollywood, March 16. — Louis Bor zage, 74, father of Director Frank Borzage, was killed here last night in an auto collision. Lewis Borzage another son, and his bride were slight- ly injured. Ohio Town All Schine Mt. Vernon, O., March 16.— All film theatres here are now under Schine management. The Lyric is dark and the Vine has been opened on a seven-days-a-week basis. N. O. Gets Walkathons New Orleans, March 16. — Thi town has gone in a big way for its second walkathon with a floor show 48 contestants and a band. Theatre: are feeling the competition. Sherwood Eastbound Hollywood, March 16. — Robert Sherwood left for New York to night. Buck Film Set "Wild Cargo," latest Frank Buck film, has been spotted in the Music Hall beginning March 29. Hepburn First Actress; Laughton King of Actors {Continued from page 1) For Scientific or Technical Excellence Erpi for "Wide Range" recording and reproducing system. These were the first awards since November, 1932. This year's ban- quet differed from its predecessors in that there was a minimum of speechmaking. Will Rogers acted as master of ceremonies and Academy members brought their ballots, their choices being limited to the nomina- tions submitted recently by the nominating com- mittee. After the ballots had been deposited they were counted by a group of six girls from the audit- ing department of the Ambassador. Their tallies were checked by a certified public accountant with no industry connections. During the progress of the balloting there was dancing between courses to music furnished by Duke Ellington's orchestra. Names of the winners were not made known until they were actually called up for presentation of the gold statuettes emblematic of their achieve- Frank tioyd ments. J. T. Reed introduced various speakers. Frank Lloyd and Howard Green were among the speakers at the banquet, which was the most gala affair ever staged by the Academy. There was a rush for reservations up to the last minute and it was necessary to turn hundreds away. It was an event that brought all Hollywood together under a single roof. Actual presentation of the awards was made at a party following the banquet. Schenck Optimistic Kansas City, Mo., March 16. — Nicholas M. Schenck said here today on his way to New York from Holly- wood that conditions looked encourag- ing for the new season for M-G-M. Franklin to Visit Coast Kansas City, Mo., March 16. — Harold Franklin is going to the coast to arrange for the production and release of independent product planned by him. Laniield Loaned to B.&D. Hollywood, March 16. — Sidney Lanfield has been loaned by 20th Cen- tury to British and Dominions to di- rect "Sons o' Gun," starring Jack Buchanan and Lily Damita. He leaves for England April 9 accompanied by Leonard Praskins, also loaned by 20th Century, who will adapt. Pantages Second Run Hollywood, March 16. — The Pan- tages has become a second run. Looking 'Em Over Gold wyn Would End Dual Bill Selling Albuquerque, March 16. — Oneway of eradicating dual bills would be for distributors to refuse to sell to any exhibitor who doubles, declared Sam- uel Goldwyn here today as he alighted 4 from the westbound Santa Fe Chief for station exercise. He was emphatic on the point and seemed to have no doubts about its feasibility or desirability. The producer was in a belligerent mood over criticisms of his recent Saturday Evening Post article on Hollywood salaries. He seemed to be especially annoyed that Charles C. Pettijohn of the Hays office had ob- jected to it. "Instead of finding fault with my article, Pettijohn should blame the producers' publicity departments for publicizing fictitious salaries," de-' clared Goldwyn. "What I told was the truth and I believe I did the in- dustry a service by pointing out that many star salaries were inordinately hiked for publicity purposes. "For instance, President Roosevelt was provoked because Baby LeRoy was getting $150 a week._ I pointed out his salary was only $50 a week Similarly, with Greta Garbo and Con stance Bennett and others in the high brackets, about whom producers had given the public to understand they were receiving a king's ransom. "Not only do they not get what th producers say they get, but the Gov ernment gets half of what they actu ally receive. It isn't salaries paid rea artists with box-office strength that in jures the industry; it's the high sala ries paid incompetents whom the in dustry would be better off without." He refused to discuss his recent- visit to Harvard, saying the faculty of the business school there wanted tc discuss certain phases of the industn and it was not customary or dignifiec to reveal what was discussed. "Good Dame" (B. P. Schulberg-Paramonnt) It's the story of a wise guy — a carnival man — who runs across a girl who isn't wise — that is, not wise in the way all other women he has known have been wise. His technique is the crude love 'em and leave 'em type. Hers is the subtle appeal of wide-eyed innocence. It's good entertainment for the younger element, and a lot of the oldsters who haven't lost their interest in a rough and ready style of romance will like it, too. Fredric March pays Sylvia Sidney's fine when she is stranded in a small town after the carnival performers have been arrested. He puts her on a train, but she is put off by Jack LaRue. They meet again in a cheap hotel and become partners in a peddling stunt that takes them from one apartment to another. He insists he'll send her to Chicago as soon as they raise the carfare. His steady protests that she doesn't mean a thing to him are accepted with apparent indifference. Their big moment comes when he is arrested for assault on an apart- ment house manager. She risks arrest to save him, and they are married in court. March displays his versatility in a role as a tough guy who falls in love in spite of himself. He has a fine appreciation of comedy values, as well. Miss Sidney is sincere and appealing throughout. Her work i^ much more effective than it has been in some of her recent films. "Wine, Women and Song," May fair Theatre preview Monday night, was reviewed on Dec. 16. E. M. Corcoran Bankrupt New Orleans, March 16. — Edwan M. Corcoran, auditor for Saenge; Theatres, Inc., nowr in receivership has filed a petition in bankruptcy list ing $3,044.22 in assets and liabilities of $4,074.43. All claims, except Franl J. Hughes of New York, $475, an unsecured. Toronto Passes Ended Toronto, March 16. — Weekly dis tribution of theatre passes for th unemployed has been discontinue here, it was stated today by Osca Hanson, head of Associated Theatre Ltd. The suspension is due to di; covery that the tickets had been d:; verted into political channels. Defeat Mass. Child Bar Boston, March 16. — By vote of 5 to 17, the House of Representative has voted not to prohibit children ui der 14 years of age from attendir theatres. The bill was sponsored t Representative Dorgan of Bosto Dorgan declared he would file the b; Levy Reaches Coast Hollywood, March 16. — Jules Le^ arrives from New York via the Can tomorrow. The Leading Newspaper Motioi Picture Industry MOTION PICTURE DAILY Alert, Intelligent and Faithful Service to the Industry in All Branches 3L. 35. NO. 64 NEW YORK, MONDAY, MARCH 19, 1934 TEN CENTS I-G-M's List fo Include 50 For 1934-'35 osmopolitan to Do 4; 200 Shorts— Schenck M-G-M will schedule 50 features, eluding four from Cosmopolitan, • next season, Nicholas M. Schenck, ■esident of Loew's and M-G-M, said riterday on his return from the co.ast. ie company will maintain its short oject schedule of 200 issues, intro- cing a new cartoon in color to •ilace a reduction in FitzPatrick vel subjects. There will be eight FitzPatrick ues instead of the 12 released here- ore. Details of the new color car- on series cannot be divulged yet, lenck said. The Metro chieftain found "great (Continued on page 3) ope for Italian Film Concessions Rome, March 18.— A lowering of Bian trade barriers on American ins and cotton in exchange for lian wine and silk imports by 'lerica is suggested by experts here I a means of increasing trade be- en the two countries. .Vine and silk are Italy's chief ex- ■ rts and further expansion is desired, perts believe that if America ,;red terms which permitted greater of the Italian products, similar cessions could be obtained from (Continued on page 3) i Plans for Roxy; t Arthur Has Edge Cpf the four reorganization deals Emitted recently to the first mort- e bondholders of the Roxy, two . now being seriously considered by committee. One will be submit- j to Federal Judge Francis G. ifey shortly. i'he two plans are those of Her- : Lubin and Harry C. Arthur. (Continued on page 3) imuelson Names 4 )f Planned Advisors idney Samuelson, president of Al- , has named four of six terri- al vice-presidents for his advisory net. They are Walter B. Little- 1 of Boston to handle the eastern on; Ray Branch of Hastings, h., to cover the midwest region ; (.Continued on page 3) Loew-Poli Deal Fact Loew's has had control of the Poli New England circuit, comprising 18 houses, since the beginning of this season, Nicholas M. Schenck declared yesterday on his return from the coast. Schenck's statement was made in reply to a query con- cerning the authenticity of numerous reports over a period of months that Loew's might acquire the circuit. Exhibitors to Seek a Close Coast Contact Hollywood, March 18. — Establish- ment of some kind of a continuous ex- hibitor contact with studios so pro- duction executives can keep in touch with the shifting public taste in film styles is to be one of the aims of the M. P. T. O. A. convention here next month, it has been learned on good authority. The belief here is that a group of (Continued on page 3) Franklin Will Make 4 or 5 Films a Year Hollywood, March 18. — Harold B. Franklin plans to produce four or five features annually, modeling his produc- tion system on that of Samuel Gold- wyn, he declared today on his arrival from New York. He hopes to re- lease through a major company, but (Continued on page 2) Block Booking Talk May Pop Up at Hearing Patman Author of This And Censor Measure Washington, March 18. ■ — Ap- parently determined to work the film angle for all it is worth, indications on the eve of the opening of hearings on the film censorship bill are that Congressman Patman of Texas, its author and sole manager of the show to be staged at the House Interstate Commerce Committee hearing tomor- row, may swing the discussion around to a block booking bill introduced in the House Friday. Under this bill, not only would (Continued on page 3) Hopes Fade for End Of Ohio's 10% Tax Columbus, March 18. — Hopes for early repeal of the 10 per cent admis- sion tax faded yesterday when the House taxation committee voted 12 to 4 to attempt to build a permanent taxation program without the use of a general sales tax. With this impost eliminated as a base for a new pro- (Continucd on page 2\ See Duals Out in St. Louis by August St. Louis, March 18. — Elimination of duals here is seen during the mid- dle of August. With several of the first runs on a twin bill policy, subse- (Continued on page 2) Code Manuals Are Issued; Impartial Men to End Ties Complete text of the manuals of procedure for the grievance and clearance and zoning boards appears on pages 6 and 7. Government appointees, sitting in as impartial members of clearance and zoning and grievance boards, will be given the power to vote in the event votes of the boards are evenly divided, the manuals of the boards, made public on Saturday, point out. Meetings will be determined by the members themselves, who will be allowed railroad fares and up to $5 a day for hotel rooms. Notice of meetings must be sent to board men three days in advance. There will be no permanent or temporary alternates. The chairman, elected at each meeting, will designate for the absentee a member of similar standing from the other board. In the event he is not available, the board unanimously (Continued on page 6) Para. Places High Hopes on Pending Bill Bankruptcy Amendment Reorganization Aid Paramount officials and executives associated with the bankruptcy ad- ministration of the company see chances of speeding up reorganization of Paramount Publix in the event of passage of the Federal amendment to the bankruptcy law now awaiting Senate action which would authorize Federal courts to confirm any reor- ganization plan which had approval of two-thirds of each class of creditors and a majority of stockholders. One Paramount executive estimates enactment of the proposed amendment, already passed by the House, would make reorganization of the company "10 times easier." The most signifi- cant section of the amendment, it is said, is a provision which would per- (Continued on page 3) B. & K.-J. L. & S. Battle Flaring Up Chicago, March 18. — The smolder- ing battle between B. & K. and Jones, Linick & Schaefer, which became ap- parent in trade circles when B. & K. changed its policy at the Oriental and cut prices to 25 cents and 40 cents to (Continued on page 3) Expect Over 200 at New Orleans Session New Orleans, March 18. — More than 200 exhibitors are expected here for the two-day convention of the Gulf States Theatres' Ass'n April 10 and 11, and plans for entertainment of the visitors include a "Film Fair" at which 11 exchanges will set up booths in the 200 block on South Liberty St. The street will be closed to vehicular traffic for the purpose. The registration committee includes : Philip Sliman, Rodney Toups and Harry S. McLeod. Other committees are : Finance, E. J. Myrick, Hoe Alsina and H. S. McLeon. Carl Laemmle is expected to attend. Gable-Colbert and Rogers Heavy Draws Buffalo, March 18. — "It Happened One Night," with "Dirigible" on a dual bill has shattered some precedents (Continued on page 3) MOTION PICTURE DAILY Monday, March 19, 193 MOTION PICTURE DAILY (Registered U. S. Patent Office) Vol. 35 March 19, 1934 No. 64 Martin Quigley Editor-in-Chief and Publisher MAURICE KANN Editor JAMES A. CRON A dvertising 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 CIcle 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. Clifford, manager; London Bureau: 6 Brookland Close, Hampstead Garden Suburb, Bernard Charman. Representative; 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 Malfiassuti, 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: 11 Olaaz Fasor 17, Endre H eve si, Representative. 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. 'Billy9 Ferguson in Line for Ampa Post William R. ("Billy") Ferguson, ex- ploitation director of M-G-M, is in line for the presidency of the Ampa, to succeed John C. Flinn. If Fergu- son is nominated he is not expected to meet opposition and his election would result in unstinted support. The committee set on nominating Ferguson comprises Marvin Kirsch, Louis Goldberg, Ray Gallagher, Ed- ward Finney, Monroe Greenthal, Paul Gulick and Edward MacNamee. Executives Sail H. M. Warner, Sam Sax and Arthur M. Loew and Mrs. Loew sailed for Europe Saturday noon on the Conte di Sazwia. Loew returns May 10. Jack L. Warner reached New York in time on Saturday to see his brother before the latter sailed. H off berg to Europe J. H. Hoffberg, head of the com- pany bearing his name, will sail for England within two weeks on a busi- ness tour. He will visit most of the important centers and will spend some time in Spain looking over business of the branch there. Kelly Goes to Coast Arthur W. Kelly, head of foreign activities for U. A., leaves for the coast this week and from there will sail for Australia. Mrs. Kelly will accompany. Date of departure for the west is not yet set. Insiders' Outlook \/I AILBAG stuff, via special messenger from the RKO Building to Motion Picture Daily : "Something must be the matter with our railroad system — Felix Feist, sales manager of M-G-M, walks up and down the railway platform in Kansas City coming East, and states : 'Double fea- tures are the greatest menace to the motion picture industry'. "And now, Sam Goldwyn, re- turning to the coast from a lec- ture at Harvard University, walking up and down the rail- way platform in Albuquerque, states : 'One way of eradicating double bills would be for distri- bution not to sell any exhibitor double features'. "Why not go a step further, Mr. Goldwyn, and refuse to sell exhibitors only on a percentage basis, and insist upon exhibitors playing pictures on extended runs? In that way, there will be no need for the production of more than about 150 features a year, thus throwing out of employment about 75 per cent of the people in all branches of the motion picture industry, and make it very comfortable for just a chosen few. Of course, that would destroy the inten- tions of the NRA, but what the hell of it — as long as it will take care of Sammy!" Author : Eddie Golden, whose typewriter melts whenever this double feature business hits the linotypes. ▲ Names are secret, but two indi- viduals who missed the assent deadline have applied to Code Authority to have their compli- ances accepted anyway. Author- ity discusses it in all seriousness at its next meeting on Thursday. After all that has been said and printed, how the deadline at mid- night March 10 could have been missed by anyone determined not to remains cloudy and dark. . . . Pressbook on "Once to Every Woman" features evening clothes and the rest of the regalia. There isn't anything like it in the pic- ture, which is a straight hospital varn. . . . Holders of RKO gold pass keys are much less numerous this year. "Maybe they were called in because the company needed gold?" queried one who lost his. . . . What you might call subtlety is to be found by those who listen in "Social Register." Colleen Moore, meeting Alexander Kirk- land for the first time, gives him her phone number as Columbus 5-3320. That's the Fox number, but Columbia is distributing re- gardless. . . . Disney and U.A. get set this week for three more years. . . . Bob Wilby on the New Orleans report tying to- gether all Paramount's southern theatre partners from the Caro- linas clear into Oklahoma : "So they are still drinking absinthe in New Orleans." KANN Mae West Plan Flops New Orleans, March 18. — A move- ment to bring Mae West here as "Queen of Cotton" has fallen through. The backers hoped to make it a big occasion for tieups with merchants. Shorts in 3 Tongues Hollywood, March 18. — Pete Smith's "Goofy Movie" series for M-G-M will be made as multi- linguals.' The languages will be French, German and Spanish. Buy Yarn for Beery Hollywood, March 18. — M-G-M has bought the "Any Port in a Storm" series of short stories by Glenn Can- non which have been appearing in the Saturday Evening Post and will com- bine them into one yarn for Wallace Beery. Roach Opens Today Hollywood. March 18. — The Hal Roach studio will resume activity March 19 after two weeks' shutdown. Trading Light on Big Board High Low Close Columbia Pictures, vtc 28'/£ Z/l/s 27% Consolidated Film Industries 4% 4% 4y& Consolidated Film Industries, pfd 1654 16 16 Eastman Kodak 9QV2 89^ 89^ Fox Film "A" 1544 15% 15% Loew's Inc 32% 3V4 3V/2 Paramount Publix 5J4 5 5 Pathe Exchange 3^4 3*4 3% Pathe Exchange "A" 20% 18% 19J4 RKO 3% 3]/2 3% Universal Pictures, pfd 36J4 35% 35% Warner ~Bros 6% 6% 6% Trans Lux Off x/± on Curb Net Change + % + % - % Trans Lux. High . 2 Low 2 Net Close Change 2 —Yi. Paramount F. L. Bonds Up 1 High Low General Theatre Equipment 6s '40 lO'/i 10 General Theatre Equipment 6s '40, ctf 9% 9 Loew's 6s '41. ww deb rights 98V2 98 Paramount F. L. 6s '47 50 49% Warner Bros. 6s '39, wd 56% 56 Net Close Change 10 9 9sy2 50 56 54 - Vz + % +1 -Va Sales 2.800 100 600 1.200 200 5.300 3.900 2.400 3.400 1.100 30 3.100 Sales 100 Sales 24 6 11 6 9 Franklin Will Make 4 or 5 Films a Yea (Continued from page 1) said that he might build his ov theatre circuit in the event he is u successful in effecting a distributi' deal. He will discuss production a: release arrangements during his thr weeks' stay here, he said. Franklin related that he had bt> looking over many manuscripts a: said his plans include productions t< the stage, as well. A definite a nouncement of his future program m; be made on his return to New Yor Franklin said. See Duals Out in St. Louis by Augw (Continued from page 1) quent runs are willing to drop them the prior run houses institute t move. F. & M. now expects to get cc trol of the Missouri, Ambassador a Grand Central a month ahead of 1 original date. The acquisition is n<; expected Aug. 1. Harry C. Art! intends to drop duals in his o-j houses and those he takes and 1 1 move probably will be followed subsequent runs. Hopes Fade for End Of Ohio 10% Tc (Continued from page 1) gram, the committee will attempt formulate plans around an income and possible increase of rates on m chants and manufacturers under intangible tax law. Such a progr contemplates retention of the seled sales, or nuisance taxes, the categ in which the admission impost con Membership of M. P Club Exceeds 2, Membership in the reorganized I tion Picture Club now numbers rr than 225, officers of the club Saturday. Additional applications reported arriving daily. Mrs. D. A. Doran Die. Hollywood, March 18. — Ref Doran, wife of D. A., formerly '. story head, passed away yester She had been ill for some time. THE MAYFLOWEI 61st STREET, (Central Park We New York City CONVENIENT TO TB FILM AND THEATRICAL CENTE 1-2-3 Rooms. Full Hotel Servici FURNISHED OR UNFURN1SH By the Year, Month or Day Serving Pantries Electric Refrigeration JOHN W. HEATH, Manage, londay, March 19, 1934 MOTION PICTURE DAILY I-G-M's List To Include 50 For 1934-'35 {Continued from page 1) iprovement" in general conditions d cited Loew's financial report for e first two quarters of the current ar showing gross income doubled as mpared with the same period a ar ago, as an indication of the ex- it of actual improvement. He said regards the outlook as "very couraging." Talent loans by M-G-M were given henck's approval with the statement at "we are agreeable to lending lent whenever it has an opportunity perform suitably for another com- ny." E. B. Hatrick, Hearst-Cosmopoh- n representative who accompanied lienck eastward, however, had a dif- :ent view. Hatrick declared that lent loans, while favored by studios d of some possible benefit to pro- ction, is "bad business because it is trimental to distribution and theatre anches of the companies to whon e talent is under contract." Hatrick declared that double fea- res "are menacing the quality of jdio output" as the policy "forces ihS production to supply the in- eased demand for product." "Duals cannot be eliminated," he lid, "because theatre decentralization is returned operation to individuals ,iose policies the producers can no nger control. This situation makes nsideration of a curtailment of pro- ction extremely doubtful," he added. lHatrick concurred with views on frieral business improvement, declar- l that theatre grosses were up 15 20 per cent over last year. While New York he will discuss Cosmo- llitan's new season production plans d will confer with Truman Talley, neral manager of Fox Movietone i Hearst Metrotone newsreels, on nine subjects. [ope for Italian Film Concessions (.Continued from page 1) ly favoring American films and ;'ton. The Italian film industry has denced little or no stimulation as J"esult of Premier Mussolini's pro- tive measures. 'aris, March 18. — A heavy in- case of duties on imports was posted terday by the French government. S affects 25 American products. lerican films are not affected. jsting of the duties, however, les- s the hope of American film men :Ee that films will be benefited by 'lerica's suspension of all foreign ie and liquor import quotas for a '-month period. et "Rothschild'* Dates r- The House of Rothschild" has n set for a total of seven roadshow I agements by Al Lichtman, vice- | sident and general manager of ! ited Artists. The dates so far are : m Beach, Beaux Arts, March Miami, State, March 24; Cleve- i, Ohio, and Boston, Majestic, *rch 31; Utica, Oneida, April 1, Hollywood, Grauman's Chinese, "til 3. Block Booking Talk Likely at Hearing {Continued from page 1) block booking be prohibited, but dis- tributors would be required to furnish accurate synopses of all pictures offered to exhibitors before the films have been released and reviewed, and the Clayton Act would be amended to make it apply to license agreements and sales as w-ell as sales in interstate commerce. The hearing is being run by Con- gressman Patman, the Interstate Commerce Committee, which is in charge of the measure, merely having authorized him to go ahead. Whether any members of the committee will attend is not known. Only one hour and 25 minutes will be devoted to the question of censor- ship, and if the hearing cannot be completed in that time it will be sus- pended to some future date. Although Patman has been coy about disclosing who will appear, it is known that Abram F. Myers, Canon William Sheafe Chase and "some ladies," identity undisclosed, will present the case in favor of cen- sorship, probably with Charles C. Pettijohn submitting the rebuttal. Whether A. Lawrence Lowell, presi- dent-emeritus of Harvard, or William P. Short will appear could not be learned. The introduction of the block book- ing bill is believed to have been actu- ated in part at least by the realization that some of his own witnesses un- doubtedly will drag that question into the picture. There has never been a hearing on film matters at which this has not developed into one of the major features of the discussion. 4 Plans for Roxy; Arthur Has Edge {Continued from page 1) Arthur is now operating the house under a special arrangement with Re- ceiver Howard S. Cullman. Under his management, the F. & M. pre- sentation policy has taken the Roxy out of the red. Lubin's original plan was to restore S. L. (Roxy) Rothafel as impresario. Last week Roxy con- firmed reports in London he was planning to build a big theatre in the West End of London. Just how this plan would jell with Lubin's idea for recovering the 7th Ave. Cathedral is not clear. If either plan is accepted, control will not change for at least six months. Arthur, according to in- siders, holds the edge on bidding. Samuelson Names 4 Of Planned Advisors {Continued from page 1) Aaron Saperstein of Chicago, for the central division ; and Col. Harry A. Cole of Dallas, for the south. Two western appointees will be named following a personal survey of the situation by an Allied leader, prob- ably Samuelson. New units will be chartered, several requests already having been received and referred to the vice-presidents, according to Allied. Next month directors and cabinet officers will meet at one of three spots : Washington, New York or Chicago. The latter city is under- stood the preferable spot and most conveniently located. Exhibitors to Seek Close Coast Contact {Continued from page 1) exhibitors will raise the problem on the floor of the convention, and that there will be some vigorous criticism of the present lack of contact between exhibition and production forces. A well known exhibitor here at present, who refuses to allow his name to be quoted prior to the convention, says Hollywood has been making pic- tures for the purpose of satisfying itself and that it is high time to take an inventory of and give consideration to the exhibitors' viewpoint on trends in stories and box-office values of stars. He further stated that a live, continuous contact must be established between Hollywood and exhibitors which will function in such a, way that producers will heed the every- shifting tastes of the public. The argument is advanced that pic- tures are never sold directly to the public, but are sold to exhibitors who ought to, and do, know what their patrons prefer in plots, personalities and titles. Just how this producer-exhibitor contact will be worked out is not clear in the minds' of exhibitor spokesmen so far reached. Suggestions are to be sought along these lines, they say, from stars, directors and producers as well as the delegates, as it will be the first time in nine years representa- tives of the two branches have come together in a big way. Interchange of Views On Product Is Planned One of the highlights of the forth- coming M.P.T.O.A. convention, it was learned in New York on Satur- day, will be round table conferences between production executives and ex- hibitors at which the latter will give the "Main Street" reaction and the likes and dislikes of their patrons an airing before those responsible for current types of pictures. The plan is viewed as a provocative one and, it is felt, tha,t should make an im- pression on those, who, while actively in control of production, are not di- rectly familiar with exhibitor prob- lems and audience reactions. This angle will be presented by a so far unnamed M.P.T.O.A. leader before studio executives at one of the sessions. The producers, probably through one spokesman, will be ac- corded opportunity to reply to the is- sue from their own point of view. M.P.T.O.A. members are being asked to submit questions concerning the NRA Code to national head- quarters to be answered by the code committee at the convention. The committee which functioned in Washington will be under the chair- manship of Fred S. Meyer. Labor problems will be treated in the same manner by a committee headed by Jack Miller. These committees will stand throughout the convention, de- voting their time exclusively to prob- lems growing out of the code. Exhibitors are requested to submit their problems in writing now so that the committees can study them and prepare answers. Suggestions con- cerning the code are also desired and these will be commented upon. George Jacobs to Dallas George Jacobs, formerly identified with U. A. in Charlotte, today be- comes office manager and chief booker of the company's Dallas office. Para. Places High Hopes on Pending Bill {Continued from page 1) mit bankrupt corporations to file peti- tions with Federal courts scaling down creditors' claims and stockholders' in- terests to a point where the company would have a chance to pull through its difficulties. Under such circum- stances reorganizations would be facilitated, even though they would have to have approval of two-thirds of the creditors and a majority of stockholders. Washington, March 18. — Voting to make a favorable report on the proposed amendment to the bank- ruptcy law already passed by the House, the Senate judiciary committee has brought the measure a step nearer to enactment. Under the measure, corporations unable to meet their debts are to be granted the same privileges as have already been ex- tended to individual business men, farmers and railroads by legislation enacted last session. B. & K.-J. L. & S. Battle Flaring Up {Continued from page 1) compete with the J. L. & S. State Lake has flared into the open. In local newspaper ad copy on the State-Lake program, J. L. & S. takes up some extra space to state : "Today —the third important event in enter- tainment history. First : We origi- nated BARGAIN PRICES. Then: We originated three shows in one — vaudeville, stage revues, pictures ; and NOW the State Lake originates STELLAR CELEBRITY SHOWS. And at our regular bargain prices, too. WE ORIGINATE . . . OTHERS IMITATE." This week's program features Paul Ash. Under the reverse zinc on the State-Lake name appears the slogan, "The ORIGINAL Bargain Theatre." J. L. & S. has acquired the Majes- tic on Monroe St. B. & R. recently signed a five-year lease on the Gar- rick which it will open soon under a policy not yet revealed. J. L. & S. will open the Majestic April 1, but is stating no policy at this time. Gable-Colbert and Rogers Heavy Draws {Continued from page 1) at the Lafayette. It is the first de- mand holdover and the first dual bill to play a second week. The only other holdover at the house under the present management was "Before Midnight," which was held under con- tract. It is figured that more than 125,000 persons saw the dual in 12 days. St. Louis, March 18. — "It Hap- pened One Night" lasted 19 days at the Fox. It was set in for seven days, but proved a wow. It was taken out only because "David Harum" was waiting to get in. Portland, March 18. — "David Harum" broke all first day records so far this year at the Paramount. It has been exceeded only by "Caro- lina." It equalled "Mr. Skitch." t -f .:. > r Millions of seats will be pre-sold for exhibitors on this picture through Uni- versale tie-up with the greatest world- wide news-gathering organization, in which 1,600 newspapers are affiliated . . . What's more, it's a great picture - a smashing, swift-moving melodra- matic romance of a clever correspon- dent whose job is to be where exciting things are happening! • with GLORIA STUART ROGER PRYOR Onslow Stevens, Alec Francis, Lawrence Grant, Dorothy Granger, Hugh Enfield. Produced by Carl Laemmle, Jr. Directed by EDWARD SEDGWICK. Presented by Carl Laemmle. A UNIVERSAL PICTURE 6 MOTION PICTURE DAILY Monday, March 19, 1934 Manual on Grievance Procedure Text of the manual of pro- cedure for grievance boards, as officially released by Code Au- thority on Saturday : I Appointments Pursuant to the provisions of the Code of Fair Competition for the Motion Picture Industry, approved by President Roose- velt on November 27th, 1933, the Code Authority of the Motion Picture Industry has appointed the following to act as_ members of the Local Grievance Board and the Secretary of such Board, for the -. Exchange Territory, the duration of each of such appointments to be at the will of the Code Authority. 1. Representative of National Distribu- tors with Theatre Affiliation Mr (City) (State) Associated with 2. Representative of Distributors without Circuit Theatre Affiliation Mr , (City) (State) Associated with .... 3. Representative of Exhibitors, Affiliated Mr , (City) (State) Associated with 4. Representative of Exhibitors, Un- affiliated Mr (City) (State) 5. Impartial Representative of the Code Authority. Mr (City) (State) 6. Secretary Mr.-Miss , (City) (State) The members of the Local Grievance Board shall meet promptly after their ap- pointment by the Code Authority at such time and place as shall be fixed by them. Prior to such first meeting, each member shall subscribe to the oath in the form attached hereto and shall forthwith trans- mit such oath for filing with the Adminis- trator, to the Executive Secretary, Code Authority of the Motion Picture Industry, 23rd floor, RKO Building, Rockefeller Center, New York City. Thereupon the members shall by majority vote select from their number a Chairman, determine the regular intervals at which meetings shall be held and designate the date of the next meeting. There shall be transmitted by the Code Authority to the Secretary a complete and certified list of Distributors maintaining exchanges in, and Exhibitors operating theatres served out of the Exchange Territory, who have qualified to file complaints with the Local Grievance Board pursuant to Article VI, Part 2, Section 8. The jurisdiction and authority of the Local Grievance Board and all require- ments necessary to properly make any complaint to such Board should be care- fully studied by the members of the Board and the Secretary thereof with particular attention to Article VI, Part 2, Section 4. The Secretary of the Local Grievance Board should become familiar with the pro- visions contained in the Code which are to be followed in the case of appeal. (Article VI, Part 2, Section 7.) The pro- cedure for an appeal is mandatory and must be strictly followed by the appellant. The Secretary shall be helpful and suffi- ciently informed so as to answer corrrectly questions as to procedure. Constant refer- ence to the printed text and to any in- structions issued by the Code Authority will prevent mistakes and duplication of work. Rules for Local Grievance Boards II Organization Sec. 1. Meetings of the Local Grievance Board shall be held in the city of at such time and place as shall be designated by such Board. Notice of each meeting of the Local Grievance Board shall be given to each member by the Sec- retary at least three (3) days prior to the date thereof, except that for a meeting called as provided in Article V. D, Part 9 (b), forty-eight hours telegraphic notice shall be given. Any notice to be given any member of the Local Grievance Board shall be deemed given sufficiently and completely if and when delivered or mailed to such member at his address appearing on the records of the Local Grievance Board. The members of the Local Grievance Board shall not be entitled to nor shall they be paid any compensation for their services. For attendance at meetings, each member of the Local Grievance Board shall be paid the amount itemized in writing by such member and approved by the Secretary, as having been expended by him for railroad fare to travel from his place of business or residence, whichever is nearer, if not in the city of and for necessary hotel room expense not to exceed Five Dollars ($5.00) per day. Sec. 2. In the case of the absence, in- eligibility or incapacity of any member of the Local Grievance Board to act at any meeting thereof, the Chairman shall appoint as temporary member, a member of the same classification from the Local Clear- ance and Zoning Board, provided that such member is available to serve. In the event he is not available, a temporary member shall be selected unanimously by the mem- bers of the Local Grievance Board from the same general class of the absentee member. In the event of failure to obtain a unanimous choice, the temporary member shall be appointed by the Code Authority. The temporary member shall act only for the time during such meeting that such regular member is absent, incapacitated or ineligible. If a vacancy occurs because of death or permanent ineligibility, or per- manent incapacity, the vacancy shall be filled by the Code Authority. At all meetings of the Local Grievance Board the presence of all of the members shall be necessary to constitute a quorum and on all matters the vote of the majority of all of the members shall be deemed to be the action of the Local Grievance Board. (Article VI, Part 2, Section 6b). The im- partial representative of the Code Authority shall vote only in case the vote of the other members is evenly divided. (Article VI, Part 2, Section 6a). Sec. 3. At each meeting of the Local Grievance Board the members shall select a Chairman from their number with full voting rights, to preside at the meeting of the Local Grievance Board and any recess thereof. The Chairmanship of the Local Grievance Board shall be rotated among the members and each member shall in turn be selected to act as Chairman. Sec. 4. The Code Authority of the Mo- tion Picture Industry shall appoint and fix the compensation of the Secretary, who shall be a person not a member of the Local Grievance Board. The services of the Secretary may be terminated at any time by the Code Authority. The Secretary shall keep a record of the proceedings of all meetings of the Local Grievance Board and of all other matters of which a record shall be required by the Code Authority. The Secretary shall take minutes of all hearings in such form and to such extent as the Code Authority shall direct, and such minutes shall be part of the record. The Secretary of each Board shall make appli- cation to the proper State or Municipal Authority for appointment to administer oaths, and shall at all hearings administer the oath to all witnesses. The Secretary shall issue notices of all meetings and shall perform such other duties as may from time to time be designated by the Code Authority. Sec. 5. Neither the Local Grievance Board nor any member thereof or the Secretary shall make any commitment for expendi- tures other than necessary hotel room ex- pense or railroad fare as provided for in Section 1 hereof, without first obtaining written approval therefor from the Code Authority. Sec. 6. These rules may be amended and added to at any time by the Code Authority. Sec. 7. No member of the Local Griev- ance Board shall sit on any matter in- volving his own or his company's interest. (Article VI, Part 2, Section 6a). /// Procedure The Local Grievance Board may receive and determine only such matters as are specified in a written complaint, sworn to by the complainant, and filed in triplicate with the Secretary who shall forthwith deliver a correct copy thereof to each party complained of and to each party whose interests may be affected by the determi- nation. IV Hearings Sec. 1. All parties concerned in any hearing may appear in person or by attor- ney. They shall be notified of the time and place of hearing by the secretary at the same time the secretary notifies mem- ber of the Local Grievance Board. The authority of the members of the Local Grievance Board to hear complaints is derived from and limited by the Code of Fair Competition for the Motion Picture Industry. Members are not bound by the technical rules of evidence but should refuse to admit evidence which is imma- terial or irrelevant. Members are without power or authority to make any determi- nation which shall be at variance with the provisions of the Code of Fair Competition for the Motion Picture Industry or any interpretation thereof by the Code Author- ity- Sec. 2. In arriving at a conclusion, each member should be mindful that his re- sponsibility is as great as that of a judge sitting in a court of law. Each member should be actuated by principles of justice. Members of Local Grievance Boards must be impartial. They cannot be impartial if (a) they have any private agreements with either party respecting the sub- ject matter in controversy. (b) they have any bias or prejudice in favor of or against any of the par- ties. It shall be the duty of any member having any bias or preju- dice in favor or against any of the parties to announce such bias or prejudice prior to the hearing of the complaint. If the bias or prejudice of a member is established, such member shall be ineligible to sit upon the Local Grievance Board de- termining the complaint in question. Sec. 3. Members of the Local Grievance Board should avoid (a) acting as conciliators. Their duties are not to seek a compromise but to reach a fair decision and to make a just disposition based solely upon the evidence. (b) acting as an advocate or agent of any party. Their duties are not to argue or to defend but to hear and decide solely on the basis of the evidence submitted. (c) expressing opinions or views concern- ing the parties or the controversy, except in the written determination thereof. Sec. 4. The members should so conduct the hearing as not to prepudice the inter- ests of either party. They should not re- ceive and should decline to receive private communications, or other information from any source. If any such information is received or in their possession, open dis- closure thereof must be made at the hear- ing, and/or before determination. Each party should be granted an equal oppor- tunity to present his case. Sec. 5. The members shall observe the following rules. (a) all witnesses must be sworn. The following form of oath shall be used: "Do you solemnly swear that in the matter of the complaint of against you will tell the truth, the whole truth and nothing but the truth, so help you God?" (b) hear in the presence of all members, first, the witnesses of the complain- ing party and then the witnesses of the defending parties. The members should permit the parties or their attorneys to cross-examine all wit- nesses and present their own wit- nesses in rebuttal. The members may during the hearing question all wit- nesses if they so desire, without unduly interrupting the orderly con- duct of the hearing. (c) permit the parties or their attorneys to briefly sum up their case. (d) adjourn the hearing to a future date for good reason. Take all possible steps to avoid unnecessary delays to the end that all hearings be expe- dited. (e) confer immediately at the end of the hearing and arrive at a determination based solely upon the evidence sub- mitted. Sec. 6. Members of Local Grievance Boards are cautioned to (a) refuse to admit evidence which is immaterial or irrelevant. (b) refuse to consider evidence if no op- portunity is afforded for cross- examination of the party or witness whose evidence is offered. (c) postpone only for compelling and proper causes a hearing already set. (d) avoid reaching a decision before the close of the case. V Determination Sec. 1. The determination must clearly reflect the decision of the majority of the members of the Local Grievance Board. Decisions of a Local Grievance Board wherever possible should be unanimous and may be publicized. There can be only one determination. Accordingly, the members should never make a determination which (a) contemplates further action of any kind by the Local Grievance Board, except as provided in Article V-E. Part 3, Section 3. (b) reserves to the members further powers or action. Sec. 2. The Local Grievance Board shall not have power to award damages. Sec. 3. Upon a determination directing distributors not to enter into new con- tracts, and not to deliver further pictures under existing contracts (Article V.E.. Part 3. Section 3) the secretary shall forth- with notify all distributors. Sec. 4. All determinations must be in accordance with the provisions of the Code of Fair Competition for the Motion Picture Industry, and in accordance with any interpretation thereof by the Code Author- ity. Sec. 5. The determination should be cer- tain in its terms and simple in its lan- guage. It should state in clear and simple language the determination of the Local Grievance Board. Each determination should be so phrased as to be possible of performance. Each member shall sign the determination indicating whether he vote* in favor thereof or dissents therefrom. Sec. 6. Members of the Local Grievance Board are not required to state the reasons for the conclusions reached, but may do so if they see fit. The members may incor- porate their reasons in an opinion accom- panying the determination, if they or any of them so desire. Sec. 7. Any party to a hearing desiring a stenographic transcript of the proceed- ings and testimony, may employ a compe- tent stenographer approved by the Local Grievance Board. In the event of appeal, such transcript may be used only when certified to be correct by the Local Grievance Board. Sec. 8. Upon the filing of a notice of appeal from any determination of a Local Grievance Board, the Secretary shall notify all affected parties. The manual concludes with the oath form, facsimile of which was pub- lished in Motion Picture Daily on March 10. Code Manuals Are Issued; Impartial Men to End Ties (Continued from page 1) will appoint a substitute of the same general class. If no unanimity can be obtained, the authority will wire a selection. Local autonomy is designed to prevail. Each member of the boards will be given a chance" at the chairmanship. Decisions of the boards should be unanimous and may be publicized, the manuals reveal. The interpretation by Donald R. Richberg, chief NRA counsel, in regard to assents is included in each manual. Letters to nominate local secretaries also accompany the booklets, which are being sent out today by Code Authority to all board members. Monday. March 19. 1934 MOTION PICTURE DAILY Manual on Clearance and Zoning Text of the manual of pro- cedure for clearance and zoning boards, as officially released by Code Authority on Saturday: I Appointments Pursuant to the provisions of the Code of Fair Competition for the Motion Picture Industry approved by President Roosevelt on November 27th, 1933, the Code Authority of the Motion Picture Industry has ap- pointed the following to act as members of the Local Clearance and Zoning Board and the Secretary of such Board for the Exchange territory, the duration of each of such appointments to be at the will of the Code Authority. 1. Representative of National Distribu- tors with Theatre Affiliation. Mr (City) (State) Associated with 2. Representative of Distributors without Circuit Theatre Affiliation. Mr (City) (State) Associated with 3. Representative of First Run Exhibitors Affiliated. Mr (City) (State) Associated with 4. Representative of First Run Exhibitor Unaffiliated. Mr (City) (State) 5. Representative of Subsequent Run Ex- hibitors Unaffiliated. (a) Mr , (City) (State) 6. (b) Mr (City) (State) 7. Impartial Representative of the Code Authority. Mr (City) (State) 8. Secretary Mr.-Miss , (City) (State) The members of the Local Clearance and Zoning Board shall meet promptly after their appointment by the Code Authority 'at such time and place as shall be fixed by them. Prior to such first meeting, each member .shall subscribe to the oath in the form attached hereto and shall forthwith trans- mit such oath for filing with the Adminis- trator, to the Executive Secretary, Code : Authority of the Motion Picture Industry, 2-rd floor, RKO Building. Rockefeller Center, New York City. Thereupon the members shall by majority vote, select from their number a Chairman, determine the regular intervals at which meetings shall be held and designate the date of the next meeting. There shall be transmitted by the Code Authority to the Secretary a complete and certified list of Distributors maintaining 'exchanges in, and Exhibitors operating .theatres served out of the ^Exchange Territory, who have qualified to 'file protests with the Local Clearance and 'Zoning Board pursuant to Article VI, Part 2. Section 8. The jurisdiction and authority of the Local Clearance and Zoning Board and all requirements necessary to properly file any protest to such Board should be care- ully studied by the members of the Board and the Secretary thereof with particular [ attention to Article VI. Part 1, Section 7. The Secretary of the Local Clearance and Zoning Board should become familiar with the provisions contained in the Code which ire to be followed in the case of appeal. 'Article VI, Part 1, Section 7.) The pro- cedure for an appeal is mandatory and nust be strictly followed by the appellant. The Secretary shall be helpful and suffi- ciently informed so as to answer correctly luestions as to procedure. Constant refer- ence to the printed text and to any instruc- tions issued by the Code Authority will Prevent mistakes and duplication of work. Pursuant to a resolution adopted unani- -nously by the Code Authority on Feb- ruary 16th, 1934, a copy of which is an- nexed hereto, the Local Clearance and Zoning Board shall immediately after or- ganization is completed, perform and dis- charge its duty by receiving any and all Protests from members of the industry against any existing clearance and zoning is to their respective theatres alleging that , -uch clearance and zoning is unreasonable n length and/or area, and that the Local learance and Zoning Board shall decide ! he issues raised by such protests after mtice and hearing to the parties affected Piovisions of the Code shall govern with respect to the time of making decisions and the procedure thereafter. (Article VI, Part 1, Sec. 7.) The Secretary of the Local Clearance and Zoning Board shall become familiar with all the provisions contained in the Code which are particularly applicable to the duties and jurisdiction of the Local Clearance and Zoning Board. Rules for Local Clearance and Zoning Boards II Organization Sec. 1. Meetings of the Local Clearance and Zoning Board shall be held in the city of at such time and place as shall be designated by such Board. Notice of each meeting of the Local Clearance and Zoning Board shall be given to each member by the Secretary at least three (3) days prior to the date thereof. Any notice to be given any mem- ber of the Local Clearance and Zoning Board shall be deemed .given sufficiently and completely if and when delivered or mailed to such member at his address appearing on the records of the Local Clearance and Zoning Board. The mem- bers of the Local Clearance and Zoning Board shall not be entitled to nor shall they be paid any compensation for their services. For attendance at meetings, each member of the Local Clearance and Zoning Board shall be paid the amount itemized in writing by such member and approved by the Secretary, as having been expended by him for railroad fare to travel from his place of business or residence, whichever is nearer, if not in the city of and for necessary hotel room expense not to exceed Five Dollars ($5.00) per day. Sec. 2. In the case of the absence, in- eligibility or incapacity of any member of the Local Clearance and Zoning Board to act at any meeting thereof, the Chairman shall appoint as temporary member, a member of the same classification from the Local Grievance Board, provided that such member is avaliable to serve. In the event he is not available, a temporary member shall be selected unanimously by the mem- bers of the Local Clearance and Zoning Board from the same general class of the absentee member. In the event of failure to obtain a unanimous choice, the tem- porary member shall be appointed by the Code Authority. The temporary member shall act only for the time during such meeting that such regular member shall be absent, or ineligible or incapacitated. If a vacancy occurs because of death or permanent ineligibility or permanent in- capacity, the vacancy shall be filled by the Code Authority. At all meetings of the Local Clearance and Zoning Board the presence of all of the members shall be necessary to con- stitute a quorum and on all matters the vote of the majority of all of the members shall be deemed to be the action of the Local Clearance and Zoning Board. (Ar- ticle VI, Part 1, Section 5). The impartial representative of the Code Authority shall vote only in case the vote of the other members is evenly divided. Sec. 3. At each meeting of the Local Clearance and Zoning Board the members shall select a Chairman from their number with full voting rights, to preside at the meeting of the Local Clearance and Zoning Board and any recess thereof. The Chair- manship of the Local Clearance and Zon- ing Board shall be rotated among the members and each member shall in turn be selected to act as Chairman. Sec. 4. The Code Authority of the Mo- tion Picture Industry shall appoint and fix the compensation of the Secretary, who shall be a person not a member of the Local Clearance and Zoning Board. The services of the Secretary may be termi- nated at any time by the Code Authority. The Secretary shall keen a record of the proceedings of all meetings of the Local Clearance and Zoning Board and of all other matters of which a record shall be required by the Code Authority. The Secretary shall take minutes of all protest hearings in such form and to such extent as the Code Authority - shall direct, and such minutes shall be part of the record. The Secretary of each Board shall make application to the proper State or Munic- ipal Authority for appointment to admin- ister oaths and shall at all hearings admin- ister the oath to all witnesses. The Secre- tary shall issue notices of all meetings and shall perform such other duties as may from time to time be designated by the Code Authority. Sec. 5. Neither the Local Clearance and Zoning Board nor any member thereof or the Secretary shall make any commit- ment for expenditures other than necessary hotel room expense or railroad fare as provided for in Section I hereof without first obtaining written approval therefor from the Code Authority. Sec. 6. These rules may be amended and added to at any time by the Code Au- thority. Sec. 7. The jurisdiction of the Local Clearance and Zoning Board shall be lim- ited as specifically provided (Article VI, Part 1, Section 9) and such Board shall hear no questions other than those pertain- ing strictly to clearance and zoning matters. Ill Procedure The Local Clearance and Zoning Board may receive and decide only such matters as are specified in a written protest sworn to by the protestant and filed in triplicate with the Secretary, who shall forthwith deliver a correct copy thereof to each party whose interests may be affected by the decision. IV Protests (Article VI, Part 1, Section 7) Sec. 1. All parties concerned in any pro- test may appear in person or by attorney. They shall be notified of the time and place of hearing, by the Secretary at the same time the Secretary notifies members of the Local Clearance and Zoning Board. The authority of the members of the Local Clearance and Zoning Board to hear protests is derived from and limited by the Code of Fair Competition for the Mo- tion Picture Industry. Members are not bound by the technical rules of evidence but should refuse to admit evidence which is immaterial or irrelevant. Members are without power or authority to make any decisions which shall be at variance with provisions of the Code of Fair Competition for the Motion Picture Industry or any interpretation thereof by the Code Authority. Sec. 2. In arriving at a conclusion, each member should be mindful that his re- sponsibility is as great as that of a judge sitting in a court of law. Each member should be actuated by principles of justice. Members of Local Clearance and Zoning Boards must be impartial. They cannot be impartial if they have any private agreements respecting the subject matter of the protest. Sec. 3. The members shall so conduct the hearing as not to prejudice the inter- ests of any interested party. If any infor- mation is received or in their possession, open disclosure thereof must be made dur- ing the hearing of any protest. Sec. 4. The members shall observe the following rules. (a) all witnesses must be sworn. The following form of oath shall be used: "Do you solemnly swear that in the matter of the protest of you will tell the truth, the whole truth and nothing but the truth, so help you God?" Sec. 5. The protestant and all parties concerned or their attorneys shall be given full opportunity to cros_s-examine all wit- nesses, and present their own witnesses in rebuttal. The members may during the hearing question the protestant and wit- nesses and all interested parties if they so desire, without undulv interrupting the orderly conduct of the hearing. The mem- bers shall remember to (a) permit all interested parties or their attorneys to briefly sum up their case. fb) adjourn the hearing to a future date for good reason. Take all possible steps to avoid unnecessary delays to the end that all hearings be expe- dited. (c) confer immediately at the end of the hearing to arrive at a decision based solelv upon the evidence submitted. Sec. 6. Members of Local Clearance and Zoning Boards are cautioned to (a) refuse to admit evidence which is immaterial or irrelevant. (b) refuse to consider evidence if no opportunity is afforded for cross- examining of the witness whose evi- dence is offered. (c) postpone only for compelling and proper causes a hearing already set. (d) avoid reaching a decision before the close of the case. V Decision Sec. 1. The decision must clearly reflect the opinion of the majority of the members of the Local Clearance and Zoning Board. There can only be one decision. Accord- ingly, the members should never make any decision which (a) contemplates further action of any kind by the Local Clearance and Zon- ing Board. (b) reserves to the members further powers or action. Decisions of a Local Clearance and Zon- ing Board wherever possible should be unanimous and may be publicized. Sec. 2. All decisions must be in accord- ance with the provisions of the Code of Fair Competition for the Motion Picture Industry and in accordance with any interpretation thereof by the Code Author- ity. Sec. 3. The decision should be certain in its terms and simple in its language. It should state in clear and simple language the decision of the Local Clearance and Zoning Board. Each decision should be so phrased as to be possible of per- formance. Each member shall sign the decision indicating whether he votes in favor thereof or dissents therefrom. Sec. 4. Members of the Local Clearance and Zoning Boards are not required to state the reasons for the conclusions reached, but may do so if they see fit. The members may incorporate their reasons in an opinion accompanying the decision if they or any of them so desire. Sec. 5. A protestant desiring a steno- graphic transcript of the proceedings and testimony may employ a competent ste- nographer, approved by the Local Clear- ance and Zoning Board. In the event of appeal, such transcript may be used only when certified to as correct by the Local Clearance and Zoning Board. Sec. 6. Upon the filing of a notice of appeal from any decision of a Local Clear- ance and Zoning Board, the Secretary shall notify all affected parties. VI Resolution Unanimously Adopted by the Code Authority on February 16th, 1934 "Whereas, Article VI, Part 1 of the Code of Fair Competition for the Motion Pic- ture Industry contemplated that Local Clearance and Zoning Boards should be established prior to January 1st, of each year to set up fair, just and equitable schedules of clearance and zoning to pro- vide against clearance of unreasonable length and/or area, and "Whereas, for the year 1934, the date of January 1st was indefinitely postponed by reason of unavoidable delay in estab- lishing such Clearance and Zoning Boards and "Whereas, the selling season of the^ in- dustry is but a short time off and it is necessary to simplify and expedite the functions of such Boards and direct their activities and qualify their procedure, now on motion by Mr. Bareford, seconded by Mr. Yamins, it is unanimously "RESOLVED: That Clearance and Zoning Boards shall perform and discharge their duties by receiving any and all pro- tests from members of the industry against any existing clearance and zoning as to their respective theatres alleging that such clearance and zoning is unreasonable in length and/or area, and that such Boards shall decide the issues raised by such pro- tests after notice and hearing to the parties affected; and that with respect to the time of making of decisions and the procedure thereafter, the provisions of the Code shall govern." The manual concludes with the oath form, facsimile of which was pub- lished in Motion Picture Daily on March 10. Secretaries Soon Thirty-one secretaries for the 62 clearance and zoning and grievance boards are expected to be named within the next two weeks. Members of all boards will send in their nominations this week and the authority will offi- cially appoint them before April 1. 1 Used in 1 out of 8 American Pictures in 1933'sTEN BEST" OF THE Ten Best Pictures of 1933 chosen in the Film Daily s poll, eight were American productions. Of those eight, seven were photographed on Eastman "Gray- Back." This is outstanding evidence of the acceptance enjoyed by Eastman Super-Sen- sitive Panchromatic Negative among camera- men and producers . . . and a signal tribute to the versatility and unfailingly high quality of the film itself. Eastman Kodak Company, Rochester, N. Y. (J. E. Brulatour, Inc., Dis- tributors, New York, Chicago, Hollywood.) EASTMAN Super-Sensitive Panchromatic Negative (Gray-Backed) The Leading Daily m Newspaper of the | f Motion Picture Industry MOTION PICTURE DAILY Alert, Intelligent and Faithful Service; to the Industry in All Branches >1. 35. No. 65 NEW YORK, TUESDAY, MARCH 20, 1934 TEN CENTS lode Boards Are Asked to Meet Quickly ant Early Start and Expense Estimate ^'ith the sending out of manuals rules and regulations for clearance 1 zoning and grievance boards, Ex- itive Secretary John C. Flinn of de Authority yesterday requested liated distributors on the grievance irds and independent first run ex- litors on clearance and zoning irds to get together and immedi- ly call joint meetings of both irds in each territory. Purpose of sessions is to get the men ac- Bnted with the contents of the man- (Continued on page 4) mly Gives Board Choices to Seattle oeattle, March 19. — First notifica- 1 of the impartial appointees to the evance and zoning and clearance rds was given to the trade here by tion Picture Daily through its il representative. When exhibitor 1 exchange members of the two rds were notified of the appoint- it of Judson T. Jennings and O. C. Dutton on the grievance and trance groups, respectively, they •ressed approval of the impartial nbers and appreciation to Motion iure Daily for supplying first in- nation on the matter. xpect to Complete Boards on Thursday 'ersonnel of the New York and ladelphia clearance and zoning rds will in all probability be an- nced Thursday following the Code hority meeting. Impartial mem- believed set for these boards and meapolis, are now being checked will most likely be approved by (.Continued on page 4) The Latest The other night in Atlanta an exhibitor — name edited DUt — got on his two feet and announced to his audience, of tvhich there was little: "Due to a lack of patronage, [ am raising my prices from 15 cents to 20 cents." James R. Grainger brought his one back yesterday from he South. Patman Bills Believed Dead for This Session Pillories Circuit Operation By Remote Control fromN. Y. By DAVID J. CHATKIN Cleveland, March 19. — Circuit op- eration of theatres by remote New York control as it exists today cannot, in my opinion, continue to function in this manner very much longer. It is slowly but surely becoming apparent that these theatres are only rising and falling with the tide of general conditions and under the present setups can never return anything regularly on their investments. So-called circuit operation reached its peak in 1931. At that time I was the operating head of the circuit com- prising the largest number of theatres in the country, scattered practically through all of the 48 states. I had at my command some 20-odd years of experience in every phase of the mo- tion picture industry, in addition to actual, first-hand acquaintanceship with each of the theatres in every state. Therefore, I felt myself fully equipped to sit behind a desk in a big building on Broadway and with the aid of countless managers, district managers, division managers, etc., to operate this business. I recall on many occasions discus- sions with other executives in which (Continued on page 11) F. & M. Tips Prices; Others May Follow What may develop into a general move to tilt admissions on the West Coast is seen in a plan of F. & M., following its recent step in St. Louis, to hike the tariff in its houses along the Pacific seaboard. As a reflection of the swing, prices at the Paramount, Los Angeles, in the last few day have been increased from 25 cents to 35 cents from opening to 1 P. M. ; from 25 cents to 40 cents from 1 P. M. to 6 P. M., while dur- (Continued on page 8) A Line on Chatkin /N 1931, the capital investment of theatres owned in toto, owned in part or operated by Paramount Publix had reached the staggering sum of approxi- mately $250,000,000. This fig- ure may be conservative. In point of number of the- atres about which Publix had anything at all to say at that time, the total ran somewhere between 1,200 and 1J00. In charge of the works under Sam Katz was David J. Chatkin, one- time general sales manager of Educational and for six years prior to '31 a ranking theatre executive at Publix. In that year, circuit expan- sion had reached its zenith and, of the biggest circuit of them all, Chatkin was the operating head. Today, he is identified with Monarch Theatres, a small chain operating in Indianapolis, Akron, Youngstown and Steu- benville, but, in the light of his experience in affairs consider- ably farther flung, the author of the accompanying article is well qualified to speak his mind. K A N N Majestic Men Here For Company Talks Majestic franchise holders yesterday started a series of conferences with Herman Gluckman, president; Wil- liam D. Shapiro and E. H. Goldstein, vice-presidents, which revolve around the production plans of the organiza- tion. Current expectations are that production will be resumed in about two weeks. By that time, it is ex- (Continued on page 8) RCA Men Silent on London Radio Story RCA executives were non-committal yesterday when queried on a report published by the London Sunday Dis- patch, which attributed an alleged at- tempt by American interests to secure (Continued on page 8) Reformers for Federal Board; Hiss Conner y During Hearing Washington, March 19. — Consen- sus of opinion here at the close of the hearing on Congressman Patman's bill to create a Federal commission to con- trol films was that both this bill and Patman's other bill aimed at block booking are dead for this session at least. The hearing was conducted by the House Interstate and Foreign Com- merce Committee. Patman and other proponents of the bill protested they were not seek- ing any sort of censorship, but they were quick to hiss Congressman Con- (Continued on page 12) Chicago Mayor Asks More Censor Money Chicago, March 19. — Mayor Kelly swung back at film interests this week by asking the City Council Finance Committee for an additional $40,000 for the censorship budget. This is viewed as a counter move to offset the disclosure recently that while local distributors and theatres paid out ap- proximately $70,000 a year in censor and inspection fees, the actual cost of operating the censor board amounted to only $37,000 last year. The Mayor is reported proposing to hire additional inspectors to visit the- atres with the extra money he feels the censorship department needs. This move, if sanctioned, would automat- ically kill any hope of relief that local distributors are seeking. Vidor Clinches Deal With U, A. as Indie Hollywood, March 19. — King Vidor has definitely established himself as an independent producer by completing a deal to release his first production on his own, "Our Daily Bread," through (Continued on page 8) Such Is Fame The price of popularity. John C. Flinn is getting fan mail. All requests for photos must be accompanied by 25 cents in cash. ft MOTION PICTURE DAILY Tuesday, March 20, 19 MOTION PICTURE DAILY (Registered U. S. Patent Office) Vol. 35 March 20, 1934 No. 65 Martin Quigley Editor-in-Chief and Publisher MAURICE KANN mr 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 CIcle 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, Victo? M. Shapiro, Manager; Chicago Bureau; 407 South Dearborn Street, Edwin S. Clifford, manager: London Bureau: 6 Brookland Close, Hampstead Garden Suburb, Bernard Charman, Representative; 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: 11 Olaaz Fasor 17, Endre Hevesi, Representative. 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. Gulf States Shifts Date to April 3-4 New Orleans, March 19. — The date of the proposed convention of the Gulf States Theatre Owners' Ass'n., has been changed from April 10 and 11 to April 3 and 4, so delegates to the M.T.O.A. convention passing through this city may attend, if they wish. franklin Reaches Coast Hollywood, March 19. — Harold B. Franklin arrived in Hollywood yes- terday on his first visit in more than a year. While here he will probably settle one of the many production deals he has under negotiation. MOTION PICTURE ALMANAC 1954-35 A/O W /A/ PA£PAAA T/OA/ WHERE THE WORLD LOOKS FOR MOTION PICTURE PRICE »CS2 Purely Personal UP and down the generous stretches of The Tavern for luncheon yes- terday ; but not all in one party, were: Leslie Thompson, J. R. Mc- Donough, Nate Blumberg, Joe Plunkett, Arnold Van Leer, £en Rosenberg, Ralph Voucher, Frank Seltzer, Sam Jacobson, Harry Buckley, Paul Lazarus, Harry Ascher of Boston, Eddie Dowling, Capt. Baynes, Harry Brandt, Bob Wolff, Joe Mosko- witz, Arthur Friend, Amedee Van Beuren, Frank Buck, Bob Goldstein, Jim Alexander of Pittsburgh, Jack Jossey of Cleve- land, Eddie Golden and George Batcheller. Jean Hersholt and Mrs. Hers- holt and their son, Allen ; Gregory LaCava and Florence and Arthur Lake arrived in town yesterday and are at the Warwick. Sol M. Wurtzel, Fox producer, will reach New York tomorrow on a search for story material. He will re- turn March 30 with Hamilton Mac- Fadden, director. Ralph Staub, Vitaphone director, has been offered a directorial job in Russia, but can't accept because his Warner contract runs to September. Grover Jones, Paramount scenario writer, will sail for England Wednes- day on the President Harding for a a vacation. Joseph Bernard, head of Warner theaares, returned yesterday for a three-week trip to the coast. Sam E. Morris accompanied H. M. Warner and Sam Sax on that Euro- pean trip. Sidney Samuelson is on a South- ern cruise. Has a bad cold he wants to get rid of. Sol A. Rosenblatt was in town over the week-end, but very few knew it. Morris Gest and Natika Balieff are slated as Cheese Club guests to- day. Max Hayes and Charles W. ueall on Saturday held a cock- tail party inaugurating tneir new oi- nces m the .f aiace i neatre building. Hayes and Beall are head oi iNovelty Pictures, inc., producing a number ot commercial shorts at Uceanside, L. I. Lou B. Metzger's trip to Europe will last two months during which time he will arrange distribution of "Jilysia," the foreign rights to which he owns. While abroad he may ac- quire product tor domestic handling, .tie sails tomorrow. Miriam Hopkins will return to the coast Friday. During her stay here she has purchased the home of the late Elisabeth Marbury at 13 Sut- ton Place. Joseph Quittner, former theatre operator at l orrington, Conn, (not the Middletown, N. Y, Quittners), is the new burlesque magnate at the Central and in Atlantic City. Joseph Schnitzer's new company is named Mutual Prod., inc., which last week completed a commercial short at the Oceanside, L. L, studios. Richard Arlen and Mrs. Arlen (Jobyna Ralston) and their 10-month- old son are on the high seas bound for Europe. Agnes de Mille's measles subsided Saturday, so she has left for the coast. Charlie Perry, manager of the U. A. Aldine in Philadelphia, spent the week-end in New York. Barney Pitkin, New Haven RKO exchange manager, has been in town the last few days. Jean Muir will arrive in town shortly to attend the premiers of "As the Earth Turns." Neil Agnew and Milt Kusell return tomorrow from a cruise in southern waters. Oscar Hanson did his strolling up Broadway slowly yesterday morning. Helen Kane gets in from the coast today on the Santa Paula. Most Issues Off on Big Board Net High Low Close Change Columbia Pictures, vtc 27% 26% 27 — % Consolidated Film Industries 4% 43^ 4% Consolidated Film Industries, pfd 15'/, 1514 Eastman Kodak 89 88 88J4 154 Eastman Kodak, pfd 132 13VA 132 + % Fox Film "A" lS'/2 14% 14% —1 Loew's, Inc 31% 30^ 30% — H Paramount Publix 5 4% 4% — j£ Pathe Exchange 3yz 3& — & Pa the Exchange "A" 19%. 18% 18% — y2 RKO 3J4 3Va. 3J4 — % Warner Bros 6% 6% 6J4 — H Technicolor Off % on Curb Net High Low Close Change Technicolor 8% 8% 8% — % Trans Lux 2 2 2 Warner Bonds Drop One Net High Low Close Change General Theatre Equipment 6s '40 10 9J4 9J4 — y2 General Theatre Equipment 6s '40, ctf SJ4 8% 8%. — % Keith B. F. 6s '46 63^ 63% 63^ — Yz Loew's 6s '41, ww deb rights 98J4 98^ 98J4 Paramount Broadway 5^s '51 32% 32 32% — % Paramount F. L. 6s '47 50 49 49 —1 Paramount Publix 5^s '50 50 49% 49% — % Pathe 7s '37, ww 93% 93% 93% — % RKO 6s '41, pp 36 36 36 —5 Warner Bros. 6s '39, wd 56 55 55 —1 Sales 300 200 100 800 4,000 400 10,300 6,200 1,600 1,800 2,400 2,400 Sales 2 10 Sales 12 Well Known Names On Club List No\ Many of the best known names the New York film fraternity 1 members of the reorganized Mot: Picture Club, which to date has roster of 225. The roll call includ' William Alexander, Jack Alicoate, Har Auten, J. Bray, David Bernstein, Joe £ nat, Joseph Bernhard, David Blum, L^ Blumenthal, Milton Blumberg, Lawre Bolognino, Richard Brady, Leo Brecl Colvin Brown, Henry Brown, Joe Brar: Jules Brulatour, Harry Buckley, Sam B ger. Nathan Burkan, Irving Chidnoff, Lc Cohen, Harry Cohn, Jack Cohn, M. Comerford, Ed Curtis. Meyer Davis, George Dembow, Sam D< bow, Howard Dietz, S. Dornbusch, Herl Ebenstein, Sam Eckman, S. C. Einfeld, Emanuel, Si Fabian, Felix Feist, Leon F; William Ferguson, A. E. Fiegel, Dor Flamm, William Frankel, W. J. Germ H. Glucksman, Jacob Glucksman, Goetz, Charles Goetz, Morris Goodn- J. R. Grainger, Will Hays, J. A. Hir J. Hoffberg, Gabriel Hess, M. H. Hoffrr Hal Home, J. C. Hornstein. William Jacobs, Emil Jensen, Al Jol: Kay Kamen, M. J. Kandel, Maurice Ke Sam Katz, Leo Klebanow, M. A. Kr. A. A. Lee, Jack Leo, Sol Lesser, L Leventhal, Jack Levin, Nathan Levy, Lichtman, Arthur Loew, David Loew. Austin Keough, Leo Lubin, J. A. McC ville, Fally Markus, William Massce, ^ chell May, Jr., A. Montague, Borros & ros, Charles C. Moskowitz, Louis Ni Lee A. Ochs, L. N. Olmsted, A. Pelter C. C. Pettijohn, Louis Phillips, Ma Quigley, Phil Reisman, Henry Reston, Roach, Herman Robbins, Harold Rod M. Rosenbluh, James L. Ryan, Lou Ry E. A. Schiller, A. Schneider, A. Schw; Si Seadler, Jack Shapiro, Ben Sherr M. A. Silver, Sid Silverman, Sp Skouras, William Small, C. J. Sonin, 1 1 B. Spingold, Henry Siegel. Morton Spi William Tenney, Harry Thomas, W; Trumball, Arnold Van Leer, M. Van Pr William Vogel, Louis Vorhaus. Frank C. Walker, Walter Wanger, H M. Warner, Sidney Weil, Milton Weis George Weltur, Herman Wiener, Ir Wormser, Robert Wolff, Herbert J. Y; C. Zenker, H. Zenker, Tom Wiley, Ad Zukor and Eugene Zukor. Farewell Dinner fo Jos. Nolan Tonig RKO Radio executives and empk 100 strong, will tender a farewell ner tonight at the Park Centra Joseph Nolan, for the past five y assistant secretary of the RKO tributing Corp., who leaves for coast Thursday to become assis to B. B. Kahane, president of P Studios. Among those present will be : J. R. McDonough. Ned Depinet, Js L. E. Thompson, Herman Zohbel, Blumberg, Frank Snell, Phil Reis Robert F. Sisk, William C. Clark, Wi Mallard, Cresson Smith, Gordon E. Yc man, E. L. McEvoy, S. Barrett M mick. A. J. Mertz, Bob Wolff, y Poller, A. A. Schubart, Leon J. berger. W. V. Derham, John Dowd. gers Xeilson, Robert Hawkinson, H Hendee. Harry Gittelson, Lou Gau Amos Hiatt, E. A. Home, Frank Ken Milton Maier, Fred Meyers, Lou A J. P. Skelly, David Thompson, M. F man, D. P. Canavan, William Dahler. Ellis and Henry Holmes. Weir Funeral Toda Interment in Peo Funeral services for Hugh C. "\ editorial director of Tower W zines, Inc., who died Friday ir 50th year, will be held at 2:30 F today at the Funeral Church, Bi way and 66th St. Interment wi in Peoria, 111., once the home of ^ who was also widely known as a elist and a writer of short st magazine articles and scenarios. Weir began his career as a r paperman, switching at 20 to see writing for Universal. In 1923 h turned to editorial work. Surviving are his widow and 3 '■ FRANK BUCK'S mm OPENS RADIO CITY MUSIC HALL THURSDAY, MARCH 29 11 VAN BEUREN PRODUCTION DIRECTED BY ARMAND DENIS RKO RADIO PICTURE MOTION PICTURE DAILY Tuesday. March 20, 193 ( KMTA Plans Campaign for Membership Kansas City, March 19— An edu- cational campaign to acquaint the pub- lic with the community importance of the theatre is planned by the Kansas- Missouri Theatre Ass'n. as part of an elaborate program of activity to be launched under the leadership of A. F. Baker, president, and R. R. Biechele, newly elected secretary-treasurer. The directors, meeting here, ap- proved the plans and decided to ini- tiate a membership drive to be launched at a convention here. Every exhibitor in the territory not now a member will be invited to join. A questionnaire on code administration designed to indicate to grievance and clearance boards the sentiments of ex- hibitors will be sent out. A statement by the directors said that the association's program will "sell the organization to the exhibitors and the exhibitors to the public." Members will be given a sticker to affix to box-office windows stating that the owner or manager is affiliated with the K. M. T. A. Directly in charge of the public re- lations work will be the directors in their districts, comprising S. E. Wil- hoit, Springfield, Mo.; C. C. McVey, Herington, Kan. ; Sam Blair, Belle- ville, Kan.; John C. Stapel, Rockport, Mo. ; E. B. Danielson, Russell, Kan. ; Tom Edwards, Eldpn, Mo. ; Baker and Biechele. Taking cognizance of criticism di- rected at Biechele from some quarters because of the fact he is liaison officer between Kansas City distributors and the Kansas censor board, the directors' statement declares that in this work Biechele represents the interests of the exhibitors, that his present activities are indispensable and that "he can be depended upon to represent the best interests of exhibitors at all times." Harum, 99 "One Night" and "Nana 99 Big Money-Getters Visitor Ban Studio Drive for Economy Hollywood, March 19.— Barring of all visitors from studios is part of the drive to cut down overhead. It is fig- ured delays on sets will be avoided and players will not be annoyed. The order came from the Producers' Ass'n. with the backing of all studios, but M-G-M and Fox have already issued instruc- tions that no guests would be received in studio restaurants except with per- mission from executive offices. Miller Fights Charge Chicago, March 19. — Counsel for Jack Miller has interposed a motion to quash the contempt of court charge growing out of his alleged re- fusal to answer questions before a Federal grand jury on payments to Tom Maloy. This leaves the date for the next hearing open. Pasteur Story for Fox Hollywood, March 19. — Winfield Sheehan has bought "Humanity First," a story based on the life of Pasteur, for early production with Warner Baxter, Helen Twelvetrees and Mona Barrie heading the cast. Three outstanding draws overcame the Lenten handicap in a number of key spots last week. They were "Da- vid Harum," "It Happened One Night" and "Nana." "Catherine the Great" and "Queen Christina" also gave good accounts of themselves. The Lenten slump hit all the first runs in Montreal except the Princess, where "It Happened One Night" and "Shadows of Sing Sing" made up a dual bill. The $7,500 take was $1,500 up. "The Ghoul," with a stage show at Loew's, took a fair $10,000, but two duals, "Eskimo" and "Oliver the Eighth," at the Capitol, and "This Side of Heaven" and "The Girl From Maxim's" at the Palace had a hard time of it. Only one house in Detroit exceeded average. It was the Fox with 'I Be- lieved in You" on the screen and Mor- ton Downey heading a stage show. The $18,300 gross was over normal by $3,300. Every other house suf- fered badly, although "Queen Chris- tina" had a fair $9,400 in its second week at the United Artists. The weak ones were : "Devil Tiger" at the Downtown, "Mandalay" at the Fisher, "Bolero" at the Michigan, and a dual, "Love Birds" and "Advice to the Lovelorn," at the State. "Harum" Good in Twin Cities "David Harum" rolled up $13,500 at the Minnesota and Paramount in Minneapolis and St. Paul Three other good draws in Minneapolis were : "Dark Hazard,' with $6, 500 at the RKO Orpheum; "Pa looka," with $6,000 at the State, and "Emperor Jones," with $2,500 in its second week at the World. "Moulin Rouge" had a fine $4,000 at the St Paul Riviera. "Mandalay" was nor- mal with $4,000 at the RKO Or- pheum. "Comrades of 1918," a Ger- man offering, pulled $2,000 at the World. Cleveland had a bad week. "The Avenger" with "Bottoms Up" on the stage at the Allen, topped the list with $6,000. "Success at Any Price" and five acts of vaudeville was off at $15,000 in the RKO Palace. One dual, "She Made Her Bed" and "Cross Country Cruise," topped average at $4,100 at Loew's Stillman. "Bolero" at Loew's State, "Journal of a Crime" at Warners' Hippodrome and "Fron- tier Marshall" and "Woman's Man" at Warners' Lake failed to stir up any excitement. "It Happened One Night" was a box-office tonic in Portland. The $9,000 gross at the Paramount, with "Ever Since Eve" as the other half of a dual bill, at the Paramount went over by $3,000 for a total of $9,000. "Money Can't Buy Everything" and "Love Birds" were also strong with $6,400 at the Broadway, and "I Like It That Way" and "Two Alone" reached the Hamrick's Oriental par with $2,000. Weak ones were: "Pa- looka" at United Artists, "Oliver Twist" and "Woman's Man" at Pan- tages, and "Man of Two Worlds" at Hamrick's Music Box. Philadelphia had what it takes to bring out the cash customers. "Cath- erine the Great" hit $7,500 at the Ful- ton, nearly double the average house gross. "Six of a Kind," with a stage show headed by Joe Penner, piled up $38,000, over average by $17,000. "Sleepers East" was strong at $6,700 at the Pitt, with a stage show. "Jimmy, the Gent," did a fine $5,500 at the Warner. "Wonder Bar" was a disap- pointment with $8,000 at the Stanley. 'Long Lost Father" and "Meanest Gal in Town" failed to pan out at the Davis. Death Takes a Holiday" was a surprise in Los Angeles. Its $21,875 take with an F. & M. show at the Paramount was $3,875 up. "It Hap- pened One Night" was also strong, reaching $8,700 at the RKO. "Queen Christina" held up to $14,800 in its fifth week at Grauman's Chinese. "Nana" fell off to $7,500 in its second week at United Artists. "Devil Tiger" was pulled after four days of its third week at the 4 Star. "Dark Hazard" was pretty weak at Warners' Holly- wood and Downtown and "The Mys- tery of Mr. X" failed to make an im- pression at Loew's State. In Indianapolis "David Harum" led the town in its second week at the Apollo, getting $5,000, and "Nana" had a strong $4,500 at the Palace. "Man- dalay" took a normal $3,000 at the Circle. "Ever Since Eve" was weak with $5,500 at the Lyric and a dual, "Meanest Gal in Town" and "Ninth Guest," reached $4,000 at the 3,000- seat Indiana. Boston Prospers Big grosses were the rule rather than the exception in Boston. "It Happened One Night" went to $21,- 000, up by $5,000, at Keith's; "Com- ing Out Party" was an $18,000 wow at the Boston ; "Death Takes a Holi- day," with a stage show, piled up $34,000 at the Metropolitan, and "Looking for Trouble" was good for $18,000 at Loew's State. Even the double bill, "Dark Hazard" and "She Made Her Bed," was a $9,000 par draw at the Paramount. The only weak bill was the same dual at the Fenway. With a total first run business of $21,900, Oklahoma City had an unusu- ally good week. "Four Frightened People" and a stage show topped par by $1,000 at the Warner. The take was $7,500. "David Harum" was a $7,000 sensation at the Midwest. "Nana" got an average $2,000 at the Capitol. "Fashions of 1934" took it on the chin at the Criterion with $3,600, and the Liberty's split bill, "Love Birds" and "The Crosby Case," was low. Business fell off in Chicago with the total first run gross of $129,000 below normal by $8,000. "The Cat and the Fiddle" made the best show- ing, taking $41,000, up by $6,400, at the Chicago. "Palooka" was strong at $18,000 at the United Artists. "David Harum" took an above-par $14,000 at McVickers, but the other first runs had nothing to get ex- cited about. "Blood Money" at the Oriental, "Success at Any Price" at the Palace, "The Song You Gave Me" at the State-Lake and "Mas- sacre" at the Roosevelt were poor draws. Code Boards Are Asked to MeetQuickl (Continued from page 1) uals and to review the code in g< eral. Members of the boards are be: asked to send in recommendations secretaries as soon as possible so G Authority can make selections and the boards functioning. The purpose of the joint meetii will be to gather figures on the t mated operating expense of lo boards on a monthly basis, in addit to data on possible salaries for sec | taries. At Thursday's meeting of the thority, a short budget will be proved. Code Authority operates a week-to-week expense budget from time to time has had as m; as 17 employes and as few as n Price, Waterhouse will make an ai on April 1 for the first three man' operating expense of the author The report will be released about middle of next month. A uniform blank for filing proU is being made up by the autho and will be mailed to the field shor The purpose is to have all compla in legal order. Grievances must filed in triplicate and in the e\j of an appeal from a decision, a c of the grievance along: with the d | sion is sent to New York, where case will be reconsidered. Vending Code Submitted Washington, March 19. — The vending- code has been submitted to the NRA and a hearing will be set shortly. Expect to Complete Boards on Thursdi (Continued from page 1) the division administrator on Th day. Of the two plans submitted for if York, the favored outline is the calling for three main boards to 1 die the three selling areas in Gre : New York. Certain major circuits understood objecting to this plan, it is believed to be wanted by the jority of local groups. Following a complete upset of Philadelphia boards, the selection c mittee is finding it difficult to n members without strenuous di proval of Quaker City independ However, this is expected to be ir< out by Thursday. Minneapolis Board Are to Be Revamp Because two Allied men had signed the code and a third man declined to serve, the Minnea boards are being referred back tc Code Authority board committee replacements. The committee n tomorrow at 2 P. M., when new pointees will be set for Josenh F man of St. Paul as the unaffiliatec hibitor of the grievance board anc Jack Haywood and Fred V. Ho fel, Allied men, on the clearance zoning board. Edward Ruben was being co ered for a post on this board, bu cause of his affiliation with A his possible appointment is out. Minneapolis unit has not signed j assent forms. iQ ssday, March 20, 1934 MOTION PICTURE DAILY 5 'roduction )n Coast Up; 40 Under Way Iollyvvood, March 19.— Production the week ending March 17 shot k to normal with a total of 40 :iires in work as against 37 for the ceding week. Short subjects pped, however, with only five work- as against 11 the preceding week, i small total of 16 features in final paration is not a very healthy sign :ontinued normalcy. However, sev- ; of the major plants are whipping ■ies into shape. 'aramount led the field last week h a total of nine features in work, preparing and five in the editing ;es. Fox followed with five, two five ; Warners, five, zero and eight ; umbia, four, two and three; Uni- sal, four, one and three ; M-G-M, ie, two and nine; Radio, two, four three ; Century, two, zero and one, le the independent group of fea- Z producers reports total of six, ?c and five. n the short subject division a total Gve subjects were in work, 14 pre- ing and 21 in the editing stages, he of the majors reported a single Rect working, but the independent up had a total of five. The score as itands for the week shows M-G-M |h none working, three preparing two editing ; Roach, zero, two and r ; Universal, zero, one and one ; umbia, zero, zero and two ; Radio, 0, three and four, with the inde- ident group showing five, five and fit. Drop Operator Ordinance Wilmington, March 19. — A pro- posed ordinance to require one oper- ator for each projection machine and to have not less than two operators on duty at all times, which was given its first and second readings by City Council, will not be called up for fur- ther action. Theatre managers ex- plained that all theatres with but one exception have been complying with these requirements and that the lone exception had agreed to do so. Cincy May fair Closed Cincinnati, March 19. — After op- erating two weeks under ownership of J. Ebersole Crawford and Dr. John R. Loofbourow, the Mayfair, 400-seat arty house, has gone dark for the re- mainder of Lent. The house reopens April 1, with "Sweden, Land of the Vikings." To Open in Morganton Morganton, N. C, March 19. — Opening of the Carolina will take place within a few days. Sound equip- ment is now being installed and the building is being remodeled. Vernon David will operate the house. Pittsburgh Warner Cuts Pittsburgh, March 19. — To meet downtown competition, the Warner has cut its scale from SO to 40 cents at night. This is to bring it in line with the Fulton. Pa. Censor to Lecture Philadelphia, March 19. — Samuel D. Schwartz, chairman of the Penn- sylvania censors, is going to deliver a series of lectures on talking films at the Fitzsimmons Junior High School. Oberlin Slant Oberlin, O., March 19.— Sob scripts and tear-jerking pic- tures are taboo in this col- lege town, according to Jerry Steel, who operates the Apollo. "Patrons are fed up on the weeping type of picture," says he. "Comedy-dramas have the call today, espe- cially in this town." Steel speaks from a long experience in exhibition dur- ing which he has carefully observed the general audi- ence reaction to the various types of pictures. Walkathon Ban Spreads Milwaukee, March 19. — State cities recently adopting ordinances banning endurance contests include Oshkosh, Menasha, Marinette and Sheboygan. Walkathons are still operating in Fond du Lac, Oshkosh and West Allis and outside the city limits of Manitowoc. Partly Shut Good Friday Milwaukee, March 19. — Fred S. Meyer, president of the M. P. T. O. of Wisconsin and Upper Michigan, Inc., has announced that all local downtown theatres will remain closed on Good Friday until 3 o'clock in the afternoon. Para. Holds Carroll Hollywood, March 19. — Impressed with "Murder at the Vanities," Para- mount has signed Earl Carroll to make another from an original story titled "Beaux Arts Ball." K. C. Protest Over Choice Of Finnegan Kansas City, March 19. — Objec- tion to Thomas J. Finnegan as the im- partial member on grievance for Kan- sas City is voiced by a member of the grievance board, who refused to be quoted. Formal objection may be filed with Code Authority. Displeasure with the appointment is based on the theory Finnegan, as Democratic ward com- mitteeman, may permit political con- siderations and friendships to sway his decisions. Other members of the board on which Finnegan will serve express no objection. While they hesitate to com- mit themselves because they are not familiar with his record, at the same time they believe Finnegan will be "fair and impartial." The impartial member has been district representa- tive here for Collier's the last 30 years. E. H. Wilkie, impartial member on clearance and zoning, meets with gen- eral approval, although, as in the case of Finnegan, most members of the board say they do not know him. Wilkie was recommended to Code Authority by Jay Means, I. T. O. president, as the impartial member on grievance, but was placed on zoning instead. Seidelman Back Soon London, March 19. — Joseph and Mrs. Seidelman sail for New York on the Berengaria on March 28. . . EXHIBITORS, n if you're playing . . . MOTION PICTURE DAILY Tuesday, March 20, 193 Atlanta Atlanta, March 19. — Hubert Lyons, who replaces Dave Prince on the grievance board, is Atlanta branch manager for RKO, having been trans- ferred here but a few weeks ago in an exchange of posts with "Ching" Allen, former Atlanta branch man- ager. Lyons was Florida salesman for the old FBO for several years, and when that organization was ab- sorbed by the present RKO-Pathe setup, went right on with the new layout. About four years ago he was made Jacksonville branch manager for RKO and only a few weeks ago came to Atlanta as branch manager here in an amicable change of posts with Allen. Lyons is well liked by all who know him, and it is believed his assumption of duties on the grievance board will meet with gen- eral approval in the territory. Arthur Lucas, who succeeds Lionel H. Keene on the grievance board, is a native Georgian, having been born in Savannah. He is presi- dent of the Lucas & Jenkins organi- zation, operators of a string of theatres in Georgia, among which are the Fox, Paramount, Georgia and Capitol in Atlanta although he has the Lucas in Savannah, built several years ago, and houses in Macon. Others are in the lesser towns of the state. Lucas is prominent in Georgia poli- tics and civic life, having at one time been chairman of the board of regents of the school system of Georgia and also a member of the government public works board for Georgia before its activities were discontinued. He owns a fishing retreat at Point Peter, on the St. Marys River, called Lucas Lodge, at which he has entertained dozens of prominent figures. Who? What? When? Who are the latest appointees on code boards announced by Code Authority in New York? More thumbnail sketches, gathered by Motion Picture Daily correspondents, furnish the answer : Chicago Chicago, March 19. — Lowell Blake Mason, impartial member on the grievance, was born July 25, 1893. After attending John Marshall High School he emerged from Northwest- ern University an LL.B. in 1914. His marriage to Grace F. Gilbert of Chi- cago has been blessed with four chil- dren, William, Barbara Grace, Nancy Gilbert and Lowell B. Jr. Shortly after being admitted to the bar in 1914 he served Chicago as assistant corporation counsel. In 1922 he was elected to the state legislature where he served until 1930. He is a member of the Illinois Social Hygiene League, Illinois State and Chicago Bar Ass'n, Illinois Aviation Commis- sion, is a Republican in his politics and a 32nd degree Mason. His recre- ation is music and his home is Oak Park. On several occasions in the past Mason has been called in by film inter- ests locally to sit as arbiter. He was prominently in newspaper headlines for several years prior to October, 1927, in connection with what was known as the "million dollar wine scandal." At a second and final trial of the case Oct. 29, 1927, before a Federal jury in Judge Walter C. Lindley's court he, together with Major Percy Owen, former prohibi- tion director for Illinois, was ac- quitted of all charges. Judge Hugo Morris Friend, im- partial member on clearance and zon- ing, was born in Prague, Bohemia, July 21, 1882, and came to America two years later. As a Chicagoan he obtained his early education in the Doolittle grammar school and the South Division High School. In the higher brackets he emerged from the University of Chicago in 1905 with a Ph. B. He was admitted to the bar in 1908 and for several years practiced law with the firm of Felsenthal, Foreman and Beckwith and later with Fore- man, Levine and Robertson. For a time in 1912 he was on his own, but latej" formed the firm of Schaffner and Friend. Following his post as master in chancery of the superio court of Cook County between 1916 and 1920 he was appointed judge of the circuit court by Governor Frank O. Lowden to fill a vacancy. He was subsequently elected for two terms between 1921 and 1933. In his politics Judge Friend is known as a Republican. He is noted as an indefatigable worker for many causes and at one time served as president of the Young Men's Associ- ated Jewish Charities. Among his clubs are the City Club, University of Chicago Alumni, Collegiate, Cam- bridge and Social Workers' Country. His residence is 4850 Kimbark Ave. Omaha Omaha, March 19. — Henry Mo.' sky, impartial member on grievance is a prominent local attorney, h was born here on Feb. 4, 1890, t tended Omaha public schools a: Creighton University whence he tr< graduated with an LL.B. degree 1912. He engaged at once in the practi< of law in Omaha at various tirr. handling legal business for distrib tors, exhibitors and the local proje tionists' union. He has been loi interested in social welfare activit: and is a former president of the N braska State Conference of Soci Workers. He was one of the c ganizers and is a former preside also of the Omaha Welfare Feder tion and the Omaha Commum Chest. For several years, he was member of the welfare board of t City of Omaha. Monsky served as president of t Omaha Council, Boy Scouts of Amc ica, and for several years was member of regional committee numb eight (midwestern states) of tl organization. G. F. Nye, deputy Douglas cour attorney and the impartial member clearance and zoning, is a native N braskan. He was born in Plainvi< on June 10, 1897, where he also tended high school. He received A. B. from the University of Micl gan, matriculating to the Univers of Chicago where he was graduat with LL.B. degree in 1921. He pn ticed law for one year at Sagina Mich., and then moved to Omah He acted as temporary secrets: of the Omaha Film Board of Tra in 1924-25 during the re-organizati {Continued on page 7) u m in the SAMUEL GOLDWYN Production of NANA wi th Lionel Atwill * Richard Bennett Mae Clarke • Phillips Holmes Muriel Kirkland Directed by Dorothy Arzner BosUiP.Happy; 'Nana lfiCs Orpheum (Loew) U.000; 30-40-50) —•Nana' (UA) and vaudeville. VUf- likely to cash in on big bally*""' veeks ago, which •Ay", Vpoiled. Looks 4* Wndid .0^ «« **** vs - \c Tuesday, March 20, 1934 MOTION PICTURE DAILY 7 Who? What? When? Omaha (Continued from page 6) of the Film Boards. From 1925-28 lie handled considerable legal business ior the MPTO of Nebraska and Iowa, [n 1931 he received his present ap- pointment. He is married and has a son, age 6. He is a member of the Omaha and N'ebraska Bar Ass'ns, the Omaha Country Club and the Omaha Cham- jer of Commerce. St. Louis St. Louis, March 19. — David Nel- son, substitute for Louis Ansell as :he unaffiliated exhibitor member on he St. Louis grievance board, has jeen connected with picture theatres lor 24 years, or since he left high ;chool here. In the early days he was a musician, )ut later became interested in exhibi- ion. In 1919, he joined the Famous Players Missouri Corp. and for that ;ompany managed the Lafayette, S'ovelty and Grand-Florissant for various periods. From early 1920 until April, 1924, le was manager for Harry Koplar's .Yebster Theatre in North St. ^ouis. Then he purchased the Irma nd with his wife operated that house intil March 29, 1925, when he was .ppointed manager of the new Maple- vood in Maplewood, Mo. His wife ontinued to manage the Irma until October, 1925, when they sold the louse. He remained as manager of he Maplewood for four years. In March, 1929, he took a part in- *erest in the King Bee on Jefferson \ve. but disposed of his interests i April, 1930. In June, 1930, he was lade manager of the Wellston on Easton) Ave. in Wellston, Mo., a suburb of St. Louis, and has been very successful with the house not- withstanding that the district from which it draws its principal patronage was very hard hit by the depression of 1929-34. He is a member of the MP.T.O. of St. Louis, Eastern Missouri and Southern Illinois, an affiliate of the national M.P.T.O.A. Robert Burnett, impartial member on grievances, is a member of the law firm of Stern & Burnett with offices in the Ambassador Theatre Building. Born in St. Joseph, Mo., on Oct. 7, 1892, he received his early educa- tion in the grade and high schools of that city. Later he attended Iowa University and Missouri University, receiving his LL. B. degree from that institution in 1915. Upon passing the Missouri bar ex- aminations in June, 1915, Burnett immediately entered practice in St. Louis. When the World War in- volved this country in 1917 he enlisted in the Army Air Service as a private and worked his way up to a captaincy. W hen the armistice was signed he was stationed at Mineola preparatory to embarking for France. He was honorably discharged from the army in December, 1918, with the rank of captain. During his legal career he has rep- resented some film companies as their attorney, but has not had previous experience as an arbiter. He is a member of the American, Missouri and St. Louis Bar Ass'ns and of the Westwood Country Club. Francis R. Stout, impartial member on clearance and zoning, was born in St. Louis in 1895. After attending the local public grade and high schools, he attended Missouri University in Columbia and then took his law course in Washington University, St. Louis, graduating in June, 1917, with his LL.B. degree. Admitted to the bar, he began to practice here in August, 1917. He is a member of the law firm of Stout & Spencer and is married. Stout has never been re- tained as counsel for any film concern, but has occasionally figured in legal cases for some of the companies. He is a member of the Missouri Athletic Ass'n. Columbus Ideas on Boards Are Varied Columbus, March 19. — Reactions among the exhibitors to the code boards, in the light of more mature deliberation, bring out some interesting sidelights. Some, including a few habitual "con- scientious objectors," see no reason for the existence of the boards, es- pecially the grievance body, and con- tend that the industry will be involved in additional "red tape" without com- mensurate results. Others express themselves as feeling that non-resident members, unfamiliar with local condi- tions in a given situation, cannot pos- sibly render service which will rep- resent "the greatest good to the great- est number," regardless of their inten- tions. Diverse opinions are voiced all along the line. Culled from the maze of suggestions as to how the interests of the exhibitor might best be served, if no boards ex- isted, is the slant of P. J. Wood, sec- retary and business manager of the re- cently-organized Independent Theatre Owners of Ohio, whose idea is that a highly able disinterested man, aside from an attorney, of broad commercial experience be employed at each ex- change center. His duties would be tantamount to those of a judge in a law court, arid he would adjudicate exhibitors' cases. This arbiter would, of necessity, need be paid a salary of generous proportions. "But," says Wood, "he would be worth it." "V" 1933 Loss Down $233,390 Under '32 Universal Pictures and subsidiaries showed a net loss of $1,016,893 for the year ended Oct. 28, 1933, according to the company's annual financial state- ment just completed. The report com- pares with a loss of $1,250,283 for the preceding year ended Oct. 29, 1932, and includes taxes and deduction of $583,614 for amortization and depre- ciation. Blue Law Vote May 15 Ridgewood, N. J., March 19. — Re- peal of blue laws and authorization for Sunday films will be voted on by Ridgewood May 15. Last year the liberal issue lost by 263 votes. Dickinson Recovering Lawrence, Kan., March 19. — Glen W. Dickinson, circuit head, has left St. Luke's hospital in Kansas City after three weeks' serious illness and is re- cuperating. First engagement at Boston clicks ■ big! Now watch for reports from St. Louis and Toledo! A DARRYL F. ZANUCK production STARRING jack OAKIE Presented by JOSEPH M. SCHENCK thrt UNITED ARTISTSy 8 MOTION PICTURE DAILY Tuesday, March 20, 1934 F.&M. Tips Prices; Others May Follow (Continued from page 1) ing evenings the former 40-cent figure is now 55 cents. In San Francisco the price list at the Orpheum has been upped from 25 cents to 35 cents for matinees and from 40 cents to 55 cents for evenings. The coast move may be followed by F. W. C. and suburban exhibitors. Charles Skouras already is said to have given his whole-hearted approval to the move and will institute the changes shortly. Independents .and suburban operators may also join the band wagon. Because of the devaluation of the dollar and definite indications of an upward trend in business, F. & M. executives hold that prices must be raised to the level of present economic conditions. Signs of business uptrend are con- clusively evidenced in the run of "It Happened One Night," at the Fox, St. Louis, F. & M. officials state. The usual policy of week runs was broken down last week when the Columbia picture ran 19 days. On one of the days there was a snowstorm and the following day business more than doubled the usual day's receipts. In this connection, circuit heads take the stand that future releases will stand on their own merits. They figure that if a picture stands up for more than a week the booking will last as long as the cashier continues to show favorable reports. This policy is only for the Fox and St. Louis, in St. Louis, but will be continued in all F. & M. nouses shortly. Four pictures dated to follow "It Happened One Night" are expected to run more than nine weeks. The films are "David Harum," "George White's Scandals," "Wild Cargo" and "Stand Up and Cheer" in the order of bookings. Attitude of F. & M.-ites is that the public will flock to good pictures and the bad ones will get no money at all. If the product is good, increases in admissions will not keep away patron- age, is the way the situation is viewed. Majestic Men Here For Company Talks (Continued from page 1) pected, a successor to Phil Goldstone, producer, will be set. Attending the meet are Ben Ju- dell of Chicago, Anthony Luchesse of Philadelphia, Jack Berkowitz of Buffalo, Bernard Mills of Albany, Jack Jossey of Cleveland and Jim Alexander of Pittsburgh. "Unknown Blonde," formerly known as "The Divorce Bed" is the last pic- ture Goldstone made. It's now ready for release. RCA Men Silent on London Radio Story (Continued from page 1) control of the British Broadcasting Company's radio monopoly by RCA, David Sarnoff and S. L. (Roxy) Rothafel. "We know nothing about the re- port," one RCA official said, "and do not care to make any statement, even in denial." To Show Test Shorts A public showing of experimental shorts will be given by the Film & Photo League at the New School for Social Research on March 31. All pic- tures on the program have been inde- pendently produced and have been dis- played only before private film so- cieties. Goldwyn Gets Going On 1934-35 Lineup Hollywood, March 19.— Returning from New York, Samuel Goldwyn has thrown himself into preparation for the new season's program, which will include two films with Anna Sten and one with Eddie Cantor. "Resurrec- tion," the first, will be placed in pro- duction April 15 with Fredric March and Miss Sten co-starred. Then will come "Barbary Coast," in which Gary Cooper will have top billing. This will be followed by the Cantor film. Look for Choice of Wage Group Friday Naming of the committee to set up the basic wage scale for local theatres is expected this week when Division Administrator Sol A. Rosenblatt ar- rives from Washington to attend the Code Authority session. Rosenblatt gets in Friday and is expected to name the personnel following the meeting. Vidor Clinches Deal With U. A. as Indie (Continued from page 1) United Artists. He is financing the entire production himself and will make it on the United Artists lot. Tom Keene, Karen Morley, John T. Qualen and Barbara Pepper comprise the cast so far. Lehman Decides to Accepts K.C. Post Kansas City, March 19. — Law- rence Lehman, manager of the RKO Mainstreet, who was quoted as saying he would be unable to serve on the local grievance board because of ill- ness, has decided to accept the ap- pointment. Lehman is convalescing from a serious illness which confined him for two weeks in Menorah Hos- pital. Objection has been expressed to placing Lehman on grievances on the ground that since most grievances are expected to emanate from subsequent run and small-town sources, he is handicapped by lack of familiarity with these operations. The suggestion has been made that he switch positions with Elmer C. Rhoden, Fox Midwest division manager, who is on clearance and zoning, but is considered qualified to serve on grievances. Jay Means, president of the I. T. O.,: still protests he will not serve as a member of grievances unless he re- ceives formal and official notification. Returned from Tour E. W. Hammons, president of Edu- cational ; Jack Skirball, sales manager, and Harvey Day, special representa- tive for "Terry-Toons," returned yes- terday from a tour of the Boston, Buffalo, Cleveland and Cincinnati Fox exchanges. Flinn Talks on Radio Executive Secretary John C. Flinn o Code Authority yesterday spoke over WINS for 15 minutes at the request of the XRA. Flinn went on at P. M. and discussed his report recently submitted in Washington. f- ITOA Directors to Meet Directors of the I.T.O.A. meet to- day and the regular meeting set foi tomorrow afternoon has been callec off due to the installation banquet tc be held at the Astor tomorrow night Mayor LaGuardia is expected to at tend. a n by HAM FISHER with JIMMY DURANTE LUPE VELEZ STUART ERWIN PRODUCED BY EDWARD SMALL Presented by Reliance Pittvret 7 «J Tuesday, March 20, 1934 MOTION PICTURE DAILY Peru Unit Charter Secured by Warners Dover, March 19. — Warners have filed a charter of incorporation here :odav for Warner Bros.-F. N. Films if Peru, Inc.. capitalized at §10,000, :o distribute films in Peru. Incorporation of the new Warner South American subsidiary is in an- ticipation of the opening of a branch jffice in Lima, Warners foreign de- partment said yesterday. Council Meets Tomorrow The M. P. Research Council holds ts first national conference at the Hotel Roosevelt tomorrow. Among the speakers will be Mrs. August Bel- mont, president ; Herbert S. Houston, former publisher of World's Work, md Dr. Frederick Peterson. Mrs. James Roosevelt, mother of the President, recently appointed hon- Drary vice-president of the Council, is urging American parents to support its campaign for better films. Pick Arliss Title Hollywood, March 19. — "The Last Gentleman" has been picked as the title of George Arliss' second for 20th Century. It is now in production with Sidney Lanfield directing. Radio Borrows Boles Hollywood, March 19. — Radio has borrowed John Boles from Fox to play the lead opposite Irene Dunne in Age of Innocence." "Wild Gold" Final Title Hollywood, March 19. — The final title on Fox's California gold rush film, now in the cutting room, is "Wild Bold." Tries Trick Fountain Rochester, March 19.— It may be a small playhouse — the neighborhood Rexy — but it has ideas. Manager Carol Fenyvessy has stirred up plenty of curi- osity and some publicity on his two magic drinking foun- tains in the lobby construct- ed by the theatre's engineers. The fountains spout automat- ically at the approach of a prospective drinker. The secret lies in the re- flection of lobby lights from a tilted mirror focussed on a photoelectric cell. No Seattle Time Change Seattle, March 19. — Citizens of this city have decided that there will be no "daylight saving" here during the summer of 1934, or any other year. The proposal was submitted on gen- eral election ballot, and was beaten by almost 50,000 against, to $32,000 in favor. The campaign against the measure was conducted by the theatre and film interests, and included trailers in more than 40 theatres, billboards and radio addresses. Lease Wilmington Hall Wilmington, N. C, March 19. — Howard Theatres, Inc., of Wilmington have leased Thalian Hall from the city and plan to start films there April 1. Members of the firm appearing be- fore the board were James H. Howard and P. W. Wells, formerly operators of the Bijou here, and L. B. Hannah, all of Wilmington. Junior Operators of Jersey Win in Court Trenton, March 19. — Junior mem- bers of Operators' Local 384 of Jersey City have won an injunction from the Court of Errors and Appeals prevent- ing the 74 senior members of the union from infringing upon their rights. They have been trying to get an accounting of union funds. They claim they have to pay 10 per cent of their salaries to the union and have been prevented from obtaining full membership by a $3,000 initiation fee. Their salaries are below the union scale. Novarro Plans Tour Hollywood, March 19. — Ramon No- varro will return to New York on March 26, from where he will sail for South America on April 2 on the first leg of an international concert tour. He has been granted a year's leave by M-G-M. Roach Title Changed Hollywood, March 19. — Hal Roach Studios have changed the title of their current comedy-musical from "Holly- wood Girl Made Good" to "Duke for a Day." James Parrott is directing. James on New Ticket Hollywood, March 19. — Rian James has signed a three way ticket with Universal and will act as an associate producer, writer and director in the future. Goes Double For Week Los Angeles, March 19. — Loew's State will go double bill here for Holy Week, showing "Lazy River" and "Murder in Trinidad," doing this to capitalize on school vacations. Urges Catholics to Boycott Bad Films Buffalo, March 19. — National use of the boycott against films considered to be objectionable apparently is the aim of the Catholic Action Society. More than 3,000 Catholic young peo- ple at a convention here unanimously adopted a resolution to stay away from morally objectionable films, to persuade others to do likewise and to send personal protests to producers who make them. Rev. Daniel A. Lord, S.J., author and frequently an assistant in direc- tion of films having religious themes, addressed the assembly, urging the boycott and citing an organized boy- cott against "The Sign of the Cross" in Chicago which he said caused Para- mount a $125,000 loss. Mayor George J. Zimmermann, present at the con- vention, endorsed the boycott idea for Buffalo. King and Lesser Split Hollywood, March 19. — John King, formerly connected with the Bennett- King Productions and now owner of the dog Kazan, has cancelled his dis- tribution contract for the Kazan series with Sol Lesser and Principal Pic- tures. While negotiating a new re- lease, King will state right his prod- uct. Oliver Drake is writing the screen treatments and will also direct. Schulberg Signs Wells Hollywood, March 19. — Jacqueline Wells has signed a seven-year con- tract with B. P. Schulberg at Para- mount coincident with her nomination as a 1934 Wampas Baby Star. The actress is currently appearing in "The Black Cat" at Universal. .and ALEXANDER KORDA'S PRODUCTION OF CATK€RID€ TKfc CR€AT Hzoo. DOUGLAS FAIRBANKS, Jr. ELIZABETH BERGNER Directed by PAULCZINNER ^^^^ [,40 _ £4 °>A £oV°' top this MOTION PICTURE DAILY Tuesday, March 20, 1934 Short Subjects "Little Miss Mischief (Vitaphone) A one-reel "Pepper Pot" novelty depicting a day in the life of a little girl, the various pranks she plays, the tangles she gets herself into, and the attention she requires from her par- ents. Fairly amusing. Running time, 7 mins. "Shanghaied" (Walt Disney-U. A.) This is a Mickey Mouse "thriller" which will keep the youngsters on the edge of their seats and monopo- lize the attention of their elders. Mickey and Minnie Mouse are held captive aboard a pirate ship, the vil- lainous captain of which has designs on Minnie. A rescue, of course, is effected by Mickey, who bests not only the savage captain but the entire crew of pirates as well. Running time, 7 mins. "Broadway Brevities" (Universal) Another Mentone Production di- rected to Milton Schwarzwald with a series of vaudeville acts — The Three Girl Friends, Jim Wong Troupe, Slim Timblin, Warren Boyd, Murray Wood, Mosconi Brothers and Dor- othy Van Alst, and Adelaide Hall. Ought to prove worthwhile in places where they can't have their vaudeville on the stage, if they want it. Run- ning time, 20^4 minutes. "Roast Beef and Movies" (M-G-M) The title doesn't mean a thing. A lot of stuff is jumbled into the story, MOTION PICTURE DAILYS HOLLYWOOD PREVIEW 'Melody in Spring' (Paramount) Hollywood, March 19. — Lanny Ross, Olympic athlete and radio favorite, makes his screen debut in this. Pleasant of appearance, he renders new vocal numbers that should appeal to his many radio fans. The film is broad comedy, centered around the antics of a souvenir hunter, Charles Ruggles ; his wife, Mary Boland, and daughter, Ann Southern, with Lanny Ross adding the romantic interest. Ross is a small town singer who falls, at first sight, for Ann, visiting his home town. Ross seeks a spot on Ruggles' radio program. In addition to being a nut on collecting souvenirs, Ruggles manufactures dog biscuits, detests crooners and disapproves of Lanny. To get rid of Ross, the family ostensibly leaves for Paris, but winds up in a color- ful Swiss village. Wherever they go, Ross is there. His persistence furnishes many laugh-provoking situations with the girl and boy voluntarily in jail for a happy ending effect. The picture is typical family fare, set in a picturesque mountain village background. Never serious, it balances dialogue action and situations nicely with the Ruggles-Boland team predominating in garnering laughs. George Meeker, Herman Bing, Norman Mitchell, the three Gale sisters and Helen Lund contrive to round out a clean bill of fun designed to entertain those who do not demand logic in plot. Norman McLeod directed. but the Technicolor photoplay is great and some of the dance numbers by the Albertina Rasch girls are high class. The story is tied together by George Givot, Jerry Howard and Bobby Callahan who invade a movie studio to sell a film they have made. After showing several assorted shorts in a projection room they discover the "producers" are nuts from an asylum. Running time, 17 mins. "Ha-Ha-Ha" (Paramount) Betty Boop as a dentist treating Ko-Ko, the Clown, for a toothache is the plot of this latest of the Betty Boop series. Escaping laughing gas affects Betty and Ko-Ko and spreads to the population of the city. This one should fit well on any program. Running time, 7 mins. Short Subjects "War Debts" (Beverly Hills Exchange) This three-reeler is a series of scenes showing the ravages of the Great War that fathered our present war debts. Photographed by Captain Kleinschmidt during the Austro-Rus- sian fighting on the eastern front prior to our entry into the struggle, it of- fers a gripping picture of the horrors of warfare and its aftermath. Many of the scenes were evidently obtained at extreme risk of life and some of them may prove a bit too graphic for the over-sensitive. Decidedly an asset is a narrative spoken by Wilfred Lucas. Elmer Clifton is presenting this. Running time, 30 mins. "Pugs and Kisses" (Vitaphone) Charles Judels as a fight trainer and Lionel Stander as a dumb fighter furnish a pretty good series of comedy gags. When the fighter loses Judels plays a couple of tricks on him tr keep him away from women. Shemj Howard, Greta Granstedt and Tom Hughes are in the cast. Two song; numbers, "Babies Go to Town" anc "Pie Number" are introduced. It couk be funnier. Running: time, 21 mins. "County Fair" (Universal) Oswald meets a lad who gives hin a tearful story of being put out of th house. Taking pity on the youngster he takes him to the fair with hirr; There the kid makes a nuisance 6 himself, so that Oswald decides to tak him back to his folks. Pleasant, nothing more. Running time, 6 min and, of course! "THE BIGGEST MONEY MAKER IN TWO YEARS" a _ W f+ Hollywood Qsot^e A R L I S 5 R po e A DARRYL F. ZANUCK production Presented by Joseph M. Schenck THE HOUSE OF ROTHSCHILD BORIS KARLOFF • LORETTA YOUNG • ROBERT YOUNG HELEN WESTLEY. . . and a Distinguished Cast of One Hundred. Re/eased thru UNITED ARTISTS Tuesday, March 20, 1934 MOTION PICTURE DAILY Pillories Circuit Operation By Remote Control fromN. Y. (Continued we began to question the soundness of our circuit operations as it was be- coming apparent to us that "the tail was wagging the dog" and that it was only a question oi time when this method of operating theatres must definitely be changed. Many theories were advanced for changing this situa- tion, and some acted upon, but with- out any results. Constructive correc- tion, however, was in progress when we entered into the last and worst phase of the depression and what has subsequently happened is well-known. With all this experience in operat- ing a big circuit from New York, and with a full realization as to its un- soundness, I went into the held to per- sonally operate, independently, a few theatres. I have spent nearly eight months now at this, including visiting theatres, meeting exhibitors, seeing circuit theatres operated in the field and I have discovered some very startling facts — things I never even i believed to be true when I was in New York. Many I shall not men- tion, but summed up the answer is unsoundness. N. Y. Decisions Held Important Of major importance are the de- cisions made in New York regarding theatre operation. Conservatively, I can say New York is wrong 70 per- cent of the time. In New York you will hear, as I have heard time and time again, "our men in the field are operating the theatres" but I know now that is not so. The home offices of circuits still labor under the de- lusion that they are allowing the boys in the field to make their own de- cisions as it fits their particular com- munity. Yes, this is true in every in- stance except where the decision is important, and then New York de- cides. Only those decisions which are unimportant and keep a lot of detail from coming into the home office, are made by the boys in the field. The funny thing about this is that I have never heard anyone admit a mistake was made. Only a circuit-owned thea- tre can withstand or has up to this point apparently withstood the tre- mendous losses due to mistakes that have been made and are being made. By this I do not mean the original mistake of impossible rentals or fixed charges, but the errors in judgment of operating policy. Sees Common Interest Lacking Another thing that strikes me very :orcibly is that the circuit-operated :heatre or theatres in a town are en- :irely out of step with any other thea- re in the same town. There is no ommunity of interests with other :heatres, there is no spirit of helpful- less ; it is more or less an aloofness »f a would-be superior being who runs lis business alone. He knows noth- ng about his competitor's business and nerely guesses at his grosses. The lome office is more or less responsible or this condition. Even if the man- ager had a desire for constructive co- operation, he is in no position to car- jy it out. This is harmful not alone o the theatre business in that town ' Jut it definitely hinders getting the greatest results at the box-office. ' Nhat a vast difference a little friend- 'y cooperation would make in our in- dustry if there existed the same spirit |>f helpfulness and cooperation as from page 1) exists in other industries in the satne town t Who are the greatest offenders in admission price-cutting? bitting in New lork, 1, together with all other circuit operators, were ot the firm opinion tnat the independent exhibitor was guilty ot the most flagrant cuts in admission prices and we all heaped plenty ot abuse upon him tor every- thing m connection therewith. But when you get close to the tacts in the held it is amazing to hnd how far Irom the truth this is. First-run cir- cuit operator is undoubtedly the most ruthless as it pertains to the cutting and changing ot admission prices, this is one oi the decisions that New lork rarely permits the boys to make, all statements to the contrary not- withstanding. Without regard tor any other tneatre in town, witnout any consideration tor existing conditions, witnout any thought in any direction, prices are changed over night. 1 Know ot instances where the boys in the held have lought as hard as they dared with the home ornce to avoid a price change, but to no avail, and then a few weeks later the prices were changed back to meet the recommen- dations ot the boys in the field. New iork never will understand that it knows nothing about local conditions and is in no position to quickly make decisions of this kind. This is indeed a most deplorable situation. No longer do 1 wonder at the extremes to which the small, independent theatre opera- tor resorts as it pertains to admission prices when he sees the big circuit house ruthlessly cutting prices as a child would do with a toy just to see what makes it run. Finds Attitude Wrong Another thing is the handling of pictures in circuit houses. Anything short of a "knockout" is not deserv- ing of much effort. This comes about through having the choice of so many good pictures that after a time the manager cannot possibly see anything worthwhile except the smash attrac- tion. In this connection the inde- pendent operator is unquestionably the better showman. Distributors in New York from whom I have purchased pictures for years have repeatedly told me this, but I always disagreed with them. However, getting close to the situation has proven it to me most conclusively. The independent op- erator looks at motion pictures with altogether different eyes. To him each picture has something good about it to sell. When he gets a good pic- ture he generally does a better busi- ness than the circuit theatre would do with it because to him it is a great picture ; he believes it and is able to sell the idea to his patrons. It is a well-known fact that circuit theatres' own pictures receive special care and attention over and above other distributor's product that they use, but I did not know to what ex- tent this was true until I came close to it in the field. It is a pity that all of the product used by circuit opera- tors is not given equal attention. The manner of advertising pictures by circuit houses is poor. New York originates a lot of copy and broad- casts it through its theatres. It is supposed to apply to all of the towns regardless of what the likes and dis- N. 0. Boards Inactive New Orleans, March 19 — Code boards are doing noth- ing here until they receive official notice of appointment. So far all the members know about it is the news they have read in trade papers. likes of that community might be in relation to the picture itself or its stars and very seldom do the boys in the field change any of the New York ads, especially on big pictures. Of course, this is true also of mats and press-books which are sent every- where to be used by every exhibitor. That is why you see the same stereo- typed advertising from one end of the country to the other on any given pic- ture. It happens quite often that a picture is ruined nationally by the wrong kind of advertising which every exhibitor makes use of. I honestly believe we would have much finer advertising as well as better business if no mats of any kind were furnished exhibitors and they were forced to be original and said the things they would like to say about the picture and omitted a number of things that for the good of the busi- ness should be omitted. Calls for Changes There are a number of other ob- servations regarding circuit operation that I do not wish to go into, but its present method of functioning can never be successful. The entire struc- ture will have to be changed so as to be entirely divorced from New York before any progress can be made in this connection. Each group of thea- tres in a given territory will have to be organized as a separate and dis- tinct company with a real business man at the head of it as president and general manager, together with a regular set of officers, to be a separate and distinct corporation with such of- ficers owning a substantial interest in the business. This local corporation must have the sole right to manage its business, including the purchasing of pictures other than the company's own pictures for which they will no doubt have a long-term franchise. New York will then only furnish such service as the local corporation will from time to time request. It must be a locally owned and operated busi- ness where every bit of enthusiasm is put into the job and every local prob- lem worked out to the belt interests of everyone concerned. Only in this manner will it be possible to get the most out of each and every attraction. The procedure as outlined above is, in my opinion, not only essential to the industry as a whole, but the only manner in which the present circuits can put their business on a sound basis that will in time give them a regular return on their investment. "Scandals" Phila. Grind Philadelphia, March 19. — George White's "Scandals," which is to re- open the Locust Street Theatre on March 20, will play on a grind policy, it was stated today by A. R. Boyd, local Fox manager, who is also handling the Locust. Mrs. Rosenblatt on Coast Hollywood, March 19. — Division Administrator Sol A. Rosenblatt's mother is visiting her daughter, Ann Ronnell, here. Miss Ronnell is under contract to the Radio studio music de- partment. ] So great has been the public de- , mand, many theatres are playing J j return engagements of CLARK | . GABLE and CLAUDETTE ' J COLBERT in Frank Capra's "It | I Happened One Night," already . ' hailed as one of 1934's ten best! 1 1 The Skin," with Frank Morgan I and Joseph Schildkraut, is nearing » completion. Great cast, great story j and great entertainment. Directed by David Burton. MOTION PICTURE DAILY Tuesday, March 20, 1934 12 Patman Bills Believed Dead For Present (Continued from page 1) nery of Massachusetts when he op- posed the measure. Arguments presented in the 90 min- utes allotted proponents of the meas- ure were demolished in a brief 10 minutes allotted Charles C. Petti- john of the Hays office. Pettijohn's reference to Abram F. Myers brought the Allied counsel to the fore, and he was subjected to an attack by Con- gressman Chapman of Kentucky, who questioned him on his connection with Allied while still a member of the Federal Trade Commission. He was also asked about his activities in con- nection with the industry code. Although neither side had had much opportunity to present its entire argu- ment, the hearing was concluded with- out any intimation as to when, if ever, it would be resumed. Patman Starts Argument Explaining the purposes of his meas- ure, Congressman Patman told the committee that he did "not want to do anything to hurt or retard the in- dustry" and variations on that theme were the motif of those who followed him. ''But," added the congressman, "the people generally have a right to make suggestions as to what should be done in order that the business should be improved." Dr. William Sheafe Chase, secre- tary of the Federal M. P. Council in America; Mrs. Robins Gilman of Minneapolis, president of the organi- zation ; Rabbi Israel of Baltimore, and Mrs. Ida Wise Smith, president of the W. C T. U., claimed pictures were "immoral" and presented statis- tics that purported to show the per- centage of "crime" pictures and "10 broken promises" of the Hays organi- zation. All the so-called "evils" of the situ- ation were blamed on block booking by Canon Chase. "We claim," he said, "that every exhibitor ought to have the right to pick out just what pictures he wants to show." Mrs. Gilman insisted that congressmen should be "socially sensitive" to the need for protecting children against films they should not see. Women Hiss Connery Declaring he was "absolutely op- posed" to the Patman bill, Congress- man Connery, in the face of hisses from the women in the audience, told the committee: "We are going back to the 18th Amendment situation again, telling people what they can see and what they cannot see. "If the people do not go to the the- atre," he pointed out, "it is to the ex- hibitor's interest to see that he puts into his theatre what the people want. I think they have gone too far al- ready with censorship ; I do not be- lieve the Federal Government should step in with censorship either of pic- tures or the stage." Telling the committee that no one would deny there are pictures that should not be shown, Petti john pointed out that he and Jack Connolly, gen- eral manager of Pathe News, years ago secured an amendment to the criminal statutes to prohibit the show- ing of lewd pictures and asserted that if the law were enforced against a few people there would be no further trouble in that respect. Censorship is of no avail, he said. He pointed out that Chicago has the severest type of censorship, but that "the result speaks for itself." Less than 20 per cent of contracts call for the entire output of any pro- ducer, as claimed by the reform ele- ment, he explained, adding that what those groups call good pictures are deemed bad by the exhibitor because they do not draw. On the other hand, there was not a single cancellation of Mae West's pictures, but they made a record for repeats. Due largely to the demand of women, he said, "Little Women" and "Alice in Wonderland" were suc- cessful. "If they would devote as much en- deavor to putting over good pictures as they do to preventing bad ones, we would get somewhere," he said. Pettijohn said Myers promoted the Tiffany franchise which, he said, was along the very lines attacked by him now and also by the proponents of the bill. Exhibitors were required, he said, to sign up for the entire out- put for five years, without knowing either the pictures to be produced or the price to be paid. This brought the Allied general counsel into the limelight. Going to the stand to answer Petti- john, Myers was asked by Congress- man Chapman whether he did not aid in the creation of Allied while a mem- ber of the Federal Trade Commission, with the understanding that he would be its head, if not reappointed to the commission. Myers answered that such was not the case, and said that he had resigned in the face of a prospective reappointment for a seven-year term. , Chapman then asked him whether ' he had "written a letter to a large , group of picture operators advising them against compliance with the | NRA code," to which Myers declared he had not. He asked for a hearing to answer the charge. "If you are a fair duck, you ask the chairman to give me a hearing," he shouted. • All witnesses who could not be heard because of lack of time were : given permission to file briefs, and those who had talked were permitted to "revise and extend" their remarks. , Most of the briefs will be filed at a later date, but the views of five newsreel producers were presented by Connolly. He declared that the bond- ing of newsreels, as proposed, "goes far beyond the provisions of the Con- stitution." [ he hero is killing the villain that's good! He will marry the girl— as certain he should. Gee, what a picture— it would be a treat If I could get set in this slithering seat! But say, such a theatre! — how often I'd come To see pictures here — but I really get numb. I miss all the thrills, for this house needs repairs They'd double business with comfortable chairs! Ask Us, "How can I reseat and pay for new chairs conveniently?" American Seating Company Makers of Dependable Seating for Theatres and Auditoriums General Offices: Grand Rapids, Michigan BRANCHES IN ALL PRINCIPAL CITIES WE DOOUH PART The Leading MOTION PICTURE DAILY Alert, Intelligent an Faithfiffc Serv*pei/t6 the Industry in All Branches fOL. 35. NO. 66 NEW YORK, WEDNESDAY, MARCH 21, 1934 TEN CENTS Precedent Set On Para. Rent Disallowances irst Dropped by Court Is for $619,805 Establishing a precedent for the dis- osition of millions of dollars in fu- are rent claims involved in the Par- nount Publix and Publix Enterprises ankruptcies, Federal Judge John Lnox yesterday affirmed an order by eferee Henry K. Davis disallowing claim of $619,805 filed against Pub- is Enterprises by Emme Floto escheider, landlord, for future rent I a repudiated lease on the Para- •ount. Steubenville, O. Yesterday's decision by the U. S. (Continued on paae 5) 4ove to Levy New Taxes Fails in L. A. Los Angeles, March 20. — Attempts levy new license fees and special re prevention taxes on all branches the industry for the purpose of iping out the city's $1,500,000 esti- ated deficit were defeated today at (Continued on page 18) lew Fox Met. Plan Is to Be Set Soon Reorganization plans for Fox Met- politan Playhouses are expected to be fomitted to the court within a week 10 days by a committee of which "nest Niver is chairman. Following ibmission of the plans, the court will it a date for the public sale of the operties. laming of 2 Boards Is Expected Today Personnel of clearance and zoning d grievance boards in New York d Philadelphia is expected to be set (Continued on page 5) Salary Problem Jack L. Warner, in from the coast, in a humorous way complains that the salary sit- uation at the studio has him nettled. "Those getting $2,000 a week want $4,000," he says. "Those getting $4,000 want $6,000. And we? We don't want to give them anything." New Setup for Fox Units In Midwest Is Seen Near Kansas City, March 20.— With difficulties still in the way of emer- gence from bankruptcy by Fox Mid- land and Fox Rocky Mountain Thea- tre Companies, local attorneys say a definite plan is not far off. Regrouping of Rocky Mountain hold- ings that are solvent into wholly own- ed subsidiary companies, where new deals have been made with landlords, has advanced that unit to a degree of reorganization that is said to be 90 per cent complete. New subsidiary corporations have been formed for some 40 houses. In addition, 10 houses have been turned back to the owners by Rocky Mountain and Midland, in instances where rent revisions could not be effected or where operations had proved unprofitable. W hile Rocky Mountain is progres- (Continued on page 10) Appeals Court Missouri Stay Hears Attack One of First On RKO Deal For New Law An attack on an agreement between holders of first and second RKO liens aggregating approximately $13,000,- 000, which prevented a foreclosure and sale of RKO assets early last year by extending the maturities on the secured gold notes of the company, was carried into the U. S. Circuit Court of Appeals here yesterday by Walter Reade's Broadway and 47th St. Corp., an unsecured RKO creditor. Reade's action was an appeal from an order signed by U. S. District Court Judge Woolsey last September which directed Irving Trust Co., RKO receiver, to cause subsidiaries of RKO to replace temporary notes securing the lien with permanent notes and to pledge completed film negatives as chattel mortgages to secure the new (Continued on page 5) Labor Board Seeks Action on An Order Action to obtain compliance with the NRA Regional Labor Board's findings will be taken against Man- hattan Playhouses in the event two employes alleged to have been dis- (Continued on page 5) St. Joseph, Mo., March 20. — While granting a temporary injunction to Dubinsky Bros. Theatres stopping the operators' and stage hands' unions from committing violence, Judge Mer- rill E. Otis in the Federal Court here declared that under the Norris act he could not restrain the unions from picketing. This was the first injunc- tion action under the new law in this part of the country. Part of a 3,000-word decision in the case stated : "I think the court is bound to restrict the injunction, as is required by Section 104 of the Norris act. The court has no power now, whatever power it once had, and I do not know that such power should be exercised in any event, but it has no power now to restrict what is spoken (.Continued on page 11) Two Kansas Sunday Votes Up March 26 Topeka, March 20.— The fate of Sunday shows, always a blazing issue in Kansas, will be decided in Emporia and Manhattan on March 26, when referendums will be held in conjunc- (Continued on page 10) Will Recommend End of Federal Admission Tax Washington, March 20. — Repeal of the admission tax will be recom- mended in the tax bill to be reported in the Senate, possibly tomorrow, by the Finance Committee, it was announced today by Chairman Pat Harrison of Mississippi. Nearing the end of its considera- tion of the measure, the committee to- (Continued on page 18) Patman Bill Is Brookhart Plan Revived Myers Urging Allied to Get Behind It _ Washington, March 20.— That Al- lied is behind Congressman Patman's so-called block booking bill for the purpose of putting the industry under the control of the Federal Trade Com- mission is apparent from the latest Allied bulletin. "The bill is substantially the same as that drafted by a joint committee of Allied and the M. P. T. O. A. in Chicago in 1932, and which was later introduced into the Senate by Sena- tor Brookhart," the bulletin states. "It prohibits compulsory block (Continued on page 5) Hays Places Ban on Dillinger Picture No film based on the life or ex- ploits of John Dillinger, Indiana ban- dit, will be produced, distributed or exhibited by any member company of the M. P. P. D. A., Will H. Hays stated yesterday following action tak- en by the board of directors of the association. The board's decision, Hays stated, (Continued on page 10) Business Picks Up In Idaho and Utah Salt Lake City, March 20.— Busi- ness is on the upgrade in both Utah and Idaho. Retail trade here, an index for the (Continued on page 5) Majestic Planning 12 for Next Season No less than 12 features will com- prise Majestic's output for 1934-35 and plans for the new production are (Continued on page 5) "Nodding" Job Hollywood, March 20. — A visitor on a set at M-G-M was introduced to the assist- ant director. "And just what are the du- ties of an assistant?" in- quired the stranger. "Oh," drawled the assist- ant, " 'nodding3 in particular." MOTION PICTURE DAILY Wednesday, March 21, 192' MOTION PICTURE DAILY (Registered U. S. Patent Office) Insiders' Outlook Vol. 35 March 21, 1934 No. 66 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 CIcle 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. Clifford, manager; London Bureau: 6 Brookland Close, Hampstead Garden Suburb, Bernard Charman, Representative; 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: 11 Olaaz Fasor 17, Endre Hevesi, Representative. 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. Tracy in Para. Deal Hollywood, March 20. — Having made a tentative agreement with Uni versal for three pictures a year, Lee Tracy is now considering a four picture deal with Paramount to cover a period of two years. The papers have not been signed, but this is ex- pected shortly. "U" Signs Henry Hull Hollywood, March 20. — After a series of long distance telephone calls Carl Laemmle, Jr., has signed Henry Hull to a five-year contract calling for two or three pictures a year. Hull is now starring in "Tobacco Road" on the New York stage. MOTION PICTURE ALMANAC 1954-35 NOW /A/ PR£M/iA T/OA/ WHERE THE WORLD LOOKS FOR MOTION PICTURE PUKE »5, EMPHATIC and aimed straight for the vitals of any plan to make commercial the ex- ploits of John Dillinger, some- times described as Public Enemy No. 1, is the decision of the Hays board of directors yesterday. Their action will keep any such idea out of production, distribu- tion and exhibition as conducted by the member companies of the M. P. P. D. A. which, of course, means the spine and nerve system of the entire industry. Fast on the heels of what went into Gov- ernment records as the Patman bill hearing in Washington on Monday, the step should, and no doubt will, prove to the many snipers on the outside that all is not irresponsible on the inside. To Will H. Hays and his direc- tors, a salute. . . . T The task of setting up griev- ance and clearance and zoning boards isn't over yet. Probably, it never will be. Many who read lightly forget that Code Author- ity may move members around and out for a variety of reasons. In connection with impartial men so far named, past identification with the industry may prove sufficient reason to remove them. In Washington, the general im- pression afloat sets up the NRA as opposed to any individual who has been tied in with film com- panies in former years. The thumbnail biogs which have been appearing in Motion Picture Daily for some weeks now re- veal several appointees have handled legal or arbitration work for the industry from time to time. Ultimately, this may be viewed as sufficient to precipi- tate replacements. . . . T What a time those boards are in for once they get going ! Once it was the Film Board setup that supplied the industry with a clearing house for many disputes. That was several years ago now. Since then, some of the most flagrant complaints, alleged or otherwise, have been clearing through courts of law. That's been expensive and, what with dockets loaded to the gunwales, hardly rapid enough to accom- modate issues that are vital be- cause they were current. The story, brought into light very much from the below decks at- mosphere in which it has been fulminating has it that interests, ambidextrous in that they sell and also show film, have been preparing complaints against in- dependents by the carload. The idea is to be the first in line when the boards begin to sit. All very interesting because in- dependents, who always see red when controlled first and subse- quent runs are merely whispered, are reported proceeding along the identical front. . . . ▼ Much interest in Dave Chat- kin's load of explosives on re- mote circuit operation from New York. It was the talk of the town in many quarters yester- day. More of that a trifle later, however. . . . "The House of Rothschild" and its merry pace at the Astor remind of '29, if you can still remember. The picture is doing a standout, smash busi- ness. . . . Persistent are those reports that Columbia proposes a foray into the play producing field. Officially, all you can get is a denial. Maybe perfunctory, maybe not. . . . T Up from Wall Street: The bankers have been talking to Sam Katz about a return engagement at Paramount. . . . Distributors are turning sour on costume pic- tures. . . . Vesting in the Bala- bans control of the Newman in Kansas City does not necessarily Stocks on Big Board Advance Net Columbia Pictures, vtc. Eastman Kodak Eastman Kodak, Fox Film "A".., Loew's, Inc Paramount, cts. . Pathe Exchange Pathe Exchange pfd. 'A". Warner Bros. High Low Close Change Sales 27'A 261/2 2754 + A, 500 454 4% 1,200 lS'A 15% IS'/ 500 Wz 88 89 + 54 2,100 133 133 133 +1 1,000 15^4 15 15 + Vi 300 32i£ 30^ 3lVz + v% 9,500 5 454 VA 5.700 3A 3A 3% + 54 2,500 im 19 + M 1,500 3AZ 3JA 3/2 + A 1,600 6Vs 654 + y» 4,800 Technicolor Rises Vs Point Sentry Safety Control. Technicolor High ■ A Low Close Net Change 854 854 + As Paramount Publix Bonds Up 1 High Low Close General Theatre Equipment 6s '40 9Az 9 9Vz General Theatre Equipment 6s '40, ctf 854 &/z Wz Loew's 6s '41, ww deb rights 98 97 97 Paramount Broadway 5}4s '51 34 34 34 Paramount Publix 5'/4s '50 49^ 4954 4954 Warner Bros. 6s '39, wd 55J4 55 55 Net Change + A. - 54 —1 +1 + Vs Sales 400 100 Sales 25 3 2 2 3 6 indicate the Chicagoans are spreading their wings far afield. Paramount merely figured Kayc< control from New York was too long a cry. Chicago, being Vt hours nearer, the control-to- Balaban idea seemed feasible, and is. . . . T Joe Schenck says that certain report is plain silly. . . . Tomor- row may be a very interesting day, news-wise. Then again, it may not. . . . How would a deal in one city be apt to change the balance of power pretty much throughout the country? You may be asking. We're not tell- ing. . . . Drawing papers are a necessary something in all big business doings. The step is nc guarantee the documents will ever be signed. What is this bird talking about anyway? . . . K A N NB i Purely Personal JEAN HERSHOLT is here fr< Hollywood for a new collection film shots for his personal libra While in New York for two wee during which he'll take in a few pla Hersholt expects to film New Yc from the top of Radio City and otl spots. He quits the east next w< ;or Hollywood. Jane Wyatt is on her way ba to New York with a Universal cc tract after completing a series of te< She will return to the coast to st; work April 20. Christine Ames' "The Hum Side," Octavus Roy Cohen's "Tr; sient Lady" and Saga Landii "Long Live the Queen" have b< sold to Universal. . Lou Diamond, Paramount sh subject chieftain, who was due hi in town from the coast this week, prolonging his stay in Hollywood other week or 10 days. Constance Cummings and husband, Benn W. Levy, are in to^ and will sail for England later t week on the Berengaria. Mr. and Mrs. Con Conrad he returned from a Florida honeymc and are at the Warwick. AIichael Feist, a film director a son of Felix F., is in town for a br stay. Larry Weiner, head of the advi tising company bearing his name, j mourning the loss of his brother N. L. Nathanson, Paramount t| atre operating partner in Canada, in town on a brief visit. James Cagney will end a sh New York vacation the latter pi of this week. Mr. and Mrs. Jesse Crawfc have been signed for a Yitaplu short. Aline MacMahon is due in X York tomorrow for a short vacati An d your profits will MULTIPLY too! HEARER „„d MONTGOMERY i, "RIPTIDE' is the talk of every theatre lobby! Another advance promotion idea on the next page- $1000 for your patrons in the LEO'S A SHOWMAN! FOLLOW IN HIS STEPS! DETAILS OF CONTEST: PRIZES: 1st— $500; 2nd— $250; 3rd— $150; 4th— $100. Contest for best "Riptide" slogans closes July 4th. All entries for Na- tional Prizes must be at M-G-M Studios by July I Ith. In case of ties, each tying contestant will receive the full amount of the prize tied for. SHEARER. "RIPTIDE" SLOGAN CONTEST GET THIS BOOK FROM YOUR M-G-M EXCHANGE! Free 1-Sheets! Free Mats! A marvelous contest idea that will get you six days of newspaper publicity. The Contest Campaign Book explains everything. This contest is easy to conduct and it's a clean-up! Just ONE of the MANY M-G-M SHOW- MANSHIP STUNTS FOR NORMA SHEARER'S GREATEST! 'ednesday, March 21. 1934 MOTION PICTURE DAILY Lppeals Court Hears Attack On RKO Deal {Continued from page 1) res. Reade, through his attorney, erbert S. Colton, contended y ester - y that the pledging of the negatives performance of the agreement be- een the noteholders, under which ey were to refrain from foreclosing, is damaging to the interests of KO creditors. This was denied by irl E. Newton of Donovan & lichle, attorneys for the RKO re- iver, and by William D. Whitney, /A attorney. RCA, as holder of 85 r cent of the RKO debentures, is a incipal party to the noteholders' reement. Decision was reserved by the Gr- it Court yesterday and an opinion expected within the next month. Under the agreement RCA paid .500.000 to RKO, which subse- ently applied the payment to matur- i gold notes held by the Chemical mk and Commercial Investment •ust. In consideration for this pay- :nt, Chemical and CIT agreed to tending the maturities of the re- under of the issue, aggregating .S25,000, so that the first of the -.laining notes does not mature until xt July 1. Maturities thereafter are J.0O0 each on the first of each suc- ;ding six months. Terms of Agreement RKO gave RCA its note, secured a completed negative, in return for t $2,500,000 advance under the agree- :nt. As the pledged negative de- viates in value a new note, secured a newlv completed negative, is de- ered to RCA by RKO. It was e phase of the agreement, affirmed the District Court's order, that was acked by Reade in his appeal to ■ higher court as damaging to the erests of general creditors of RKO. W hat is the matter with Judge oolsey's order?" Presiding Justice an asked when the complicated :eholders' agreement had been nstakingly explained to the court Xewton. '"What does the appellant eade) want?" "I think," Xewton replied, "that he :sn't understand that without Judge Dolsey's order there would be no eivership and no going business in 10. The appellant thinks that put- g a chattel mortgage on a new film taking something out of the re- vership estate. The fact is, it puts nething into the estate, because uIO doesn't own the films, anyway, ley are owned by subsidiaries. |.der this procedure RKO gets an lity in a secured note in place of : in an unsecured note." The court was told that five nega- 'es have been mortgaged under the ■eement thus far, and that nothing ; been repaid to RCA on the $2,500,- ) obligation largely because of the iding appeal of Reade's. Sees Precedent Set •Vhitney told the court that this and lilar recent arrangements estab- ied a precedent for film receiver- p cases in that they provided the >t instance in which "anything of ue has been preserved in a film npany's receivership." 'The motion picture business is All for His Art Natika Balieff, producer of "Chauve Souris," states he never works for money but for the propaganda of the art. He told this to mem- bers of the Cheese Club yes- terday. different from all others," Whitney said, "in that its only asset is its film productions and these have a very brief life. It's true," he added hastily, "they have some flimsy struc- tures in Hollywood in which they make pictures, but nothing much can be realized on these in a forced sale. Up to now, in film company failures, such properties have been shown to be almost valueless and the failures were complete." "Don't they own valuable machin- ery, such as sound recording devices?" the court wanted to know. "Sound equipment is mostly leased," Whitney replied as Federal Judges Swan, A. N. Hand and L. Hand smiled broadly. "Other equipment is valuable only to the user. When it is about to be sold it is almost without value." Another bit of testimony that amused the court was the statement by Xewton that RCA's holdings in RKO "at one time had a book value of $70,000,000, but their cash value was only a fraction of that." "Yes," Judge Swan interrupted with a smile, "you don't have to assure us of that. We've had some similar cases." The respondents' attorneys empha- sized that all of RKO's assets were pledged to secure the notes involved and that these assets were principally its investments in subsidiaries. With- out the agreement not to foreclose on these assets, the attorneys declared, RKO could be put out of existence as a going concern. Majestic Planning 12 for Next Season (.Continued from page I) now being discussed by the company's franchise holders. The meetings, which started on Monday, will last for two more days when the new pro- gram is expected to be set. It is also probable that a producer to succeed Phil Goldstone will be announced this week. Resumption of work on the balance of this season's product is expected in about two weeks. Charter Film Carriers Dover, Del., March 20.— Xational Film Carriers, Inc., has been char- tered here. No capital stock is listed. The incorporators are T. Lea Perot, William C. Wright and Daniel A. Ward of Philadelphia. Hayes to Hurry Back Hollywood, March 20. — H e 1 e n Hayes will return here June 1. .in- stead of in September, as first agreed, to be starred in "What Every Wo- man Knows" for M-G-M. Remake Griffith Film Hollywood, March 20. — Warners will remake "Saturday's Children," in which Corinne Griffith starred in 1929. Patman Bill Is Brookhart Plan Revived (.Continued from page 1) booking; requires the furnishing of full synopses of all pictures at the time the pictures are offered for sale ; enlarges the anti-discrimination pro- visions of the Clayton Act to include 'leases' as well as 'sales' of commodi- ties ; provides for the settlement of dis- putes between exhibitors and distribu- tors by the Federal Trade Commis- sion." Its passage, some hold, would scrap the whole XRA setup for the industry under the Code Authority. Abram F. Myers says in the bulle- tin there was little hope for the Pat- man Federal censorship measure backed by Canon William Sheafe Chase, and this was the reason for the introduction of the regulation bill and the granting of permission by the House Interstate and Foreign Commerce Committee to discuss both bills at the hearing originally in- tended for the censorship measure. Myers has filed a brief on the bills and is urging Allied to get behind the regulation bill, H. R. 8686. Cop- ies are to be mailed out later, the bulletin states. Myers holds the bill is in "a strate- gic position and should be passed. The best indication that this bill has a chance is that C. C Petti john of the Hays office, having been given 10 minutes to replv to the advocates of H. R. No. 6079. devoted practically his entire time to anticipating the ar- guments that he thought I might make in favor of 8686. "I should have preferred to wait until next session to press the meas- ure, but Charlie Pettijohn has turned the dogs loose, and unless the exhib- itors and organizations opposed to block booking get busy, the Hays propaganda will greatly handicap fu- ture efforts in the direction of abol- ishing block booking." Business Picks Up In Idaho and Utah (Continued from page 1) surrounding territory, gained 30.5 per cent during February over February, 1932, according to a report of the San Francisco Federal Reserve Bank which includes this area. Salt Lake was second only to Spokane among western cities in percentage of gain. O. J. Hazen, local manager for Na- tional Theatre Supply Co., has just returned from a trip through Idaho and he reports a number of spots where improvements are being made. Precedent Set On Para. Rent Disallowances Pocatello Session Set Salt Lake City, March 20.— A meeting of the M. P. Owners' and Operators' Ass'n. is to be held at Pocatello. Idaho, March 27 for a gen- eral conference between Utah and Idaho exhibitors. "U" Moves About May 1 Universal is expected to move to Radio City around May 1. The com- pany will occupy three floors in the RCA building. (Continued from page 1) District Court here was the first of its kind in the Paramount bankruptcy administration. An order disallowing the claim was entered by Referee Davis shortly after the U. S. Su- preme Court handed down its ruling early last month in the United Cigar Stores case, holding that future rent claims were not provable against bankrupts. The referee's opinion dis- allowing the Steubenville claim cited the, Supreme Court decision. The landlord appealed the ruling to the U. S. District Court. In upholding Referee Davis's finding, Judge Knox affirmed the order without submit- ting any opinion. The District Court's ruling is re- garded as a precedent for the final disposition of future rent claims against Paramount Publix and Pub- lix Enterprises aggregating more than $100,000,000. Labor Board Seeks Action on An Order (Continued from page 1) missed in January for union activities are not reinstated today, Ben Golden, Regional Labor Board official, said yesterday. Max Levine, an usher at the Jewel, and Leon Horn usher at the Pales- tine, were the employes said to have been discharged for joining Local 118, Theatre and Amusement Em- ployes' Union. Their reinstatement was recommended by Golden following a hearing Jan. 23. Golden said he was advised recently that the reinstate- ments had not been made yet and after further conferences with Manhattan Playhouses within the last few days he has ordered reinstatement of the men by today, failing which, he will ask the NRA Compliance Board to take action against the circuit, he said. Golden reported that he is also in- vestigating a complaint filed by a Negro employed as a theatre cleaner by a contracting service, who charges that he is worked 70 to 80 hours a week for $60 a month. The NRA legal department recently ruled that such employes, even though hired by cleaning contractors, are governed by the provisions of the industry code. Naming of 2 Boards Is Expected Today (Continued from page 1) today when the committee on selec- tions meets. A number of replace- ments on various boards also are ex- pected to be completed today and ap- proved by Code Authority at its meet- ing tomorrow when George J. Schaefer presides. New Union Hearing Set Individual hearings on circuit ob- jections to recognition of Local 118, Theatre and Amusement Employes' Union, will be held before the NRA Regional Labor Board here, Ben Golden, an official of the board, said yesterday. The individual hearings will begin today with representatives of Loew's, Inc. Other circuits will be heard later. WINNER OF FILMDOM'S HIGH OF THE ACADEMY OF MOTIO Enthroned by the love of reigns over Stardom, que* T HONOR .... THE AWARD PICTURE ARTS AND SCIENCES tundred million, today she >y right of her blazing genius ! IRE DIRECTED BY JOHN CROMWELL FROM THE PLAY "TRIGGER" BY LULA VOLLMER ... A PANDRO S. BERMAN PRODUCTION MERIAN C. COOPER, Exec. Producer ROBERT YOUNG RALPH BELLAMY MARTHA SLEEPER BEN BERNIE, the Old Maestro, himself, and All his Merry Lads will appear in "THE GREAT MAGOO", in which the Old Maestro, again himself, will play a role of some importance .... yowssah! DUKE ELLINd attracted tho o The Duke arl CARROLL'S 4 hip-moving ri C \* f ft ^ GUY LOMBARDO and His Royal Canadians — the sweetest band this side of heaven, and Radio's most popular music, will attend their old pals GEORGE BURNS & GRACIE ALLEN in "MANY HAPPY RETURNS" . . . . and may they all be yours! I the world's hottest music has ox-office in its stage appearances, rill be heard and seen in EARL \ THE VANITIES" and will play KE WEST in "IT AIN'T NO SIN." L 10 MOTION PICTURE DAILY Wednesday, March 21, 1934 Two Kansas Sunday Votes Up March 26 New Setup for Fox Units In Midwest Is Seen Near {Continued from page 1) tion with city primary elections. Ex- hibitors in other Kansas towns where Sunday films are forbidden will watch the outcome as a guide to possible local action. In Emporia, city officials authorized the referendum after checking peti- tions containing 2,000 names, which assured the vote. Several years ago the exhibitors lost a similar election by a small majority. The Manhattan issue is expected to bring out one of the heaviest votes in years in a city election. Many of those registered are students at the State Agricultural College, who de- clared Manhattan as their legal resi- dence in order to vote in the referen- dum. Local exhibitors are hopeful that a sufficient number of students, most of whom favor Sunday shows, will vote to assure a victory. Whether the students should be permitted to vote has been a side is- sue on which the town has split. They were disqualified from voting in a recent referendum which decided against the theatres, following which the three local houses remained closed four weeks in a vain attempt to induce the city welfare board to grant Sab- bath showings. "One Night" Grabs $12,800, Buffalo Buffalo, March 20. — "It Happened One Night" continued to do phe- nomenal business in its second week and was held for a third. The Capra film took $12,800, or $6,300 above par. "Death Takes a Holiday" gave the Buffalo $16,000, or $1,000 over nor- mal, for the only other excitement. Total take was $49,200. Normal is $43,500. Estimated takings for the week ending March 16: "DEATH TAKES A HOLIDAY" (Para.) BUFFALO — (3,500), 30c-55c, 7 days. Stage: Peter Higgins, Joe & jane McKenna, Liazeed Arabs, Lewis & Van. Gross: $16,000. (Aver- age, $15,000.) "ACE OF ACES" (Radio) "ORIENT EXPRESS" (Fox) CENTURY— (3,000), 25c, 7 days. Gross: $5,000. (Average, $6,000.) "MISS FANE'S BABY IS STOLEN" (Para.) "EASY TO LOVE" (Warners) GREAT LAKES — (3,000), 25c-40c, 7 days. Gross: $5,200. (Average, $8,000.) "THIS SIDE OF HEAVEN" (M-G-M) "HIS DOUBLE LIFE" (Para.) HIPPODROME— (2,100), 25c-35c, 7 days. Gross: $5,800. (Average, $8,000.) "IT HAPPENED ONE NIGHT" (Col.) "BEFORE MIDNIGHT" (Col.) LAFAYETTE — (3,300), 25c, 7 days. (2nd week) Gross: $12,800. (Average, $6,500.) Gest Optimistic on Legitimate Outlook "Show business hasn't started yet," Morris Gest told Cheese Club mem- bers yesterday. He said "if anyone tells you different it's because they feel that way about it." As for legitimate roadshows, Gest stated that as soon as someone has "guts enough" they will come back with a bang. Also on the program were Natika Balieff, Al and Louis Pincus, Donald Micheltoff, who appear in the stage and screen version of "Wonder Bar" ; Eddie Miller, Wee Willie Robyne and Charles Brewster Millhollander, author of "Twentieth Century." {Continued from page 1) sing toward a new plan, delay in set- tlement of the Woolf-Shanberg suits has left Midland in practically the same form as when it went into bank- ruptcy. The former Midland owners' questioning of the adjudication in bankruptcy prevents the election of a trustee and has caused a year's delay in the steps which ordinarily follow. The two companies are so closely related that reorganization of both will not be possible until the larger credi- tors in the east agree on terms of a settlement. Woolf and Shanberg seek to recover close to $500,000 from Fox Midland. Rocky Mountain cannot pro- ceed with any degree of certainty be- cause Midland is subsidiary to it. If Rocky Mountain should proceed with a sale, with the subsidiary still in a muddle, it would affect the purchase price, if a bidder could be found on that basis. Quick Appearances Spreading in K. C. Kansas City, March 20. — Kansas City being the transcontinental cross- roads of the nation and a brief stop- ping point for east and westbound players, local managers are seizing the opportunity to hustle name talent from the trains to the theatre for flash per- sonal appearances. Loew's Midland started the vogue with Clark Gable, and the Publix Newman followed with Lanny Ross. Jimmy Durante is due to show at the Midland under these circumstances when he travels west shortly. The Santa Fe Chiefs are held over their allotted time of 15 minutes while the stars are hurried to the theatre, show themselves on the stage and are rushed back to the Union station. "Nana" Is Barred by Censors in Oregon Spokane, March 20. — "Nana" has been barred by the official advisory board of film censors by a vote of eight to three on the ground it car- ries too much sex appeal. It was the second hearing for the picture. James Colburn, chairman of the board, said this action marked more rigid censorship on films that "glorify im- moral life." Jack Kloepper repre- sented United Artists at the hearing. The film was billed for the Granada, Portland, which is under the manage- ment of James Lyons. Pauline Lord Signed Pauline Lord, actress, has been signed to a long term contract by Paramount and will leave for the coast in about three weeks. No ve- hicle has as yet been chosen for her debut. Polly Moron to Radio Hollywood, March 20. — Polly Moran has been borrowed from M- G-M for an important spot in "Down to Their Last Yacht" at Radio. Flying to Sick Mother Hollywood, March 20. — Lola Gen- try is flying to Indianapolis to see her mother, who is dangerously ill. "Nana" Is $16,000 Hit in Providence Providence, March 20. — Curiosity about Anna Sten drew thousands to Loew's State and boosted the gross to $16,000, which is $4,000 over par. Other houses were forced to stand by and see most of the shekels pour into the Loew. The RKO Albee, however, booking "Success at Any Price" and a highly touted stage revue, managed to catch $500 over average. The Paramount, Majestic and Fay's were slightly off. Total first run business was $42,300. Average is $40,500. Estimated takings for the week ending March 15 : "SIX OF A KIND" (Para.) "LOVE PARADE" (Para.) PARAMOUNT— (2,300), 15c-40c, 7 days. Gross: $5,000. (Average, $6,500.) "NANA" (U. A.) LOEW'S STATE— (3,800), 15c-40c, 7 days. Stage: Ching, Ling Foo, Jr., with revue. Gross: $16,000. (Average, $12,000.) "DEVIL TIGER" Fox) FAY'S— (1,600), 15c-40c, 7 days. Stage: Reis and Dunn, radio stars. Gross: $6,500. (Average. $7,000.) "SUCCESS AT ANY PRICE" (Radio) RKO ALBEE— (2,300), 15c-40c, 7 days. Stage: "Passing Show" revue. Gross: $7,500. (Average, $7,000.) "DARK HAZARD" (Warners) "BELOVED" (Univ.) MAJESTIC — (2,400), 15c-40c, 7 days. Gross: $6,000. (Average, $7,000.) "MAN'S CASTLE" (Radio) "CRIMINAL AT LARGE" (Helber) RKO VICTORY— (1,600), 10c-25c, 4 days. Gross: $1,300. (Average, $1,000.) Studios to Entertain MPTOA Individually Hollywood, March 20. — Refusing to risk repetition of the fiasco of 1926, when the studios decided to fete the M. P. T. O. A. jointly, Ben Berin- stein, local chairman of arrangements, has rejected the proposal of the Hays office to clear all studio entertainment through one central point with a single budget and will deal direct with in- dividual studios, which have already voiced willingness to cooperate in welcoming the conventioneers. Jack Warner has extended an in- vitation to those attending the con- vention to be his guests at the War- ner plant. M-G-M and Universal have done likewise. The invitation of independents to attend a barbecue and wild west show has been accepted. It will mean night-and-day sessions should all studios extend similar in- vitations. M-G-M Starts Big Construction Plan Hollywood, March 20. — M-G-M today started work on a construction program calling for a building con- taining quarters for stars, a new ad- ministration structure, an emergency hospital, a dental office, a fire station, film storage vaults and larger studio commissary and casting offices. Estabrook, Cukor Due Hollywood, March 20. — Howard Estabrook and George Cukor start east Saturday on their way to Lon- don to get atmosphere for M-G-M's production of "David Copperfield," on which they are working. Hays Places Ban on Dillinger Picture (Continued from page 1) is based on the belief that "such a pic ture would be detrimental to the bes public interest." Paramount, linked by coast report and trade announcements recently wit a projected film based on Dillinger' career, concurred in the M. P. Fi D. A. action of yesterday. Despit the earlier Hollywood reports, Rot ert Gillham, Paramount advertisin and publicity head, stated yesterda that the company "never planned Dillinger picture." The advertisements appearing i coast trade papers announcing thj Paramount was preparing a Dillinge picture "were inserted by Bartlei; Cormack and not by Paramount Gillham said. Cormack is said to be writing tr script based on Dillinger's exploits. ITOA Installation Attendance Limita Attendance at tonight's installatk of I. T. O. A. officers, at which May< LaGuardia is scheduled to speak, w be limited to members and guests. Tl Astor is the place and the time ! 7:30 P. M. To be installed formally tonight a \ the following : Harry Brandt, president; Leo Ju tin and Bernard Barr, vice-president Maurice Brown, secretary ; Hym; Rachmil, treasurer; Charles Oppe. heimer, sergeant-at-arms ; William Small, executive director. Directors to be inducted are : L Brecher, Charles (Chick) Lewis, Ja Shapiro, M. Fleischman, Eugene S« ner, Lou Blumenthal, Louis Nelsc A. H. Eisenstadt, L. Meyers, La- rence Bolognino, Sam Schwartz, W liam Landow, H. Reisner, Doct Greenfield, Fred Small, S. Weinbei Rudolph Sanders, Stanley Lawtc Leon Rosenblatt, David Davis, Da^ I Rosenzweig and Bernard Pear. About 450 will attend the banqu I Feel Educational Ma Do Producing Hei i Hollywood, March 20. — The ser I of postponements on the next Ar I Clyde comedy has created a feeli^ that Educational may transfer all I production activities to the east. Tom Mix Joins Circu Dallas, March 20. — Movies nothing now in the life of Tom M He has signed with the Sam B. I circus, wintering here, and will on the road soon. Meantime he k time here with personal appearan at the Fort Worth Fat Stock Show Para, and Wampas Fro* Hollywood, March 20. — The port here is that Paramount is try to get other studios to emulate it exploiting starlets in an attempt detract from the forthcoming W; pas "Baby Star" frolic. Roxy Books Three "U The Roxy has booked three I versal pictures to be shown a Easter. The first will be "Let's Ritzy," followed by "I'll Tell World" and "Glamour." Wednesday, March 21, 1934 MOTION PICTURE DAI FY II Missouri Stay One of First For New Law {Continued from page 1) of in the act here as patrolling, or picketing, as it is sometimes called. . . That is a clear statement of the intention of Congress, even where there is fraud or violence, picketing would not be restrained by injunc- tion. Nothing could be more clear, it >eems to me. than that. "The only thing that can be en- joined so far as this case is concerned is the perpetration of acts of violence upon the plaintiffs or their property by the defendants." The court upheld freedom of the press in dismissing injunction proceed- ings against the St. Joseph Union- Observer, union weekly newspaper, and its publisher, Maurice Hoffman, who also was counsel for the defend- ;int unions. The decision held that Hoffman had not offended in printing news stories and commenting on the controversy "in accordance with his views," which, the court decided, "he had an absolute and perfect right to I do." Judge ( 'tis cited that Hoffman had condemned theatre bombing and quoted irom one of his editorials declaring i "there is no place in St. Joseph for • the gospel of the torch, the gun or the bomb." The Morris act, the decision fur- ther stated, "has no power to enjoin the giving of publicity to the exist- Cincinnati Cincinnati, March 20. — A new of- .! fice has been added to the executive i roster of the Cincinnati tent, namely, ^ assistant treasurer. Ralph Kinsler i is the incumbent. He is second in I command to Abe Lipp, whose multi- , plicity of other duties sometimes makes it impossible to attend every I meeting. The famous ladies' night (the word famous describes the night — not the \ ladies ) heretofore held on Sunday, has J been changed to Saturday. The female i of the specie will be welcome on Sun- s'day nights, although the usual routine :J will be absent. The change is an ex- I periment and probably will be con- I tinued providing it doesn't interfere too j seriously with some one's weekly ab- t lution. j The first of a series of monthly shin- digs was given Friday by order of Barker Noah Schecter, chairman of ' the entertainment committee. Each i member was permitted to bring a male guest. It was a delightful affair, and 1 "a good time was had by all." * It recently was reported that Ralph Kinsler had been appointed chairman "i the house committee, to succeed Allan Moritz, who advanced to the } presidency. This was incorrect. Bill IOnie is the chairman of this commit- tee. Something wrong with this _ scribe's typewriter. The "Kings for the Day" plan has been inaugurated. Barkers Joe Kol- ling and Mike Spanagel, the first . "Kings," started the thing off with a bang. Others to follow include Marc I Big Bad) Wolf, who will be teamed with Harry (Gold Standard) Silver. \iter these come Manny (Hi Toots) Sim ke and Joe (Silent) Goetz, RKO standbys. ence of, or facts involved in, any legal dispute, whether by advertising, speak- ing, editorially or any other method not involving fraud or violence." Edward and Barney Dubinsky brought the action in the Federal Court under the Morris act and under inter- state commerce laws, blaming the unions for explosions of stench, tear and dynamite bombs at the Missouri and Electric Theatres. The court as- serted there was not "the slightest doubt" that the operators' union had caused the bombing. Counsel for the unions contended the court had no jurisdiction to issue an injunction because the Dubinskys had made no reasonable effort to settle the dispute with the aid of available gov- ernment machinery of mediation or voluntary arbitration as required by the Norris law. Discussing that point, Judge Otis said that what the unions had in mind was the decision of the Regional La- bor Board at St. Louis, but that de- cision, "even if it were binding on the plaintiff," is not final but is now pend- ing on an aopeal to the National La- bor Board. The regional board re- cently ordered the Dubinskys to rein- state union employes at the old wage scale and under the conditions which obtained prior to the trouble. Finding the operators' union respon- sible for the outrages, the court de- clared : "It is just too clear for any argument. Miracles do not happen, at least they are not repeated in this day." The explosions can not be ascribed to some "accident" and the theatre owners can not be blamed for them, the decision asserted. The court warned that if the injunc- tion is violated, and if the guilty ones are convicted, sentences to the peniten- tiary, "and not for the minimum Some one in the congregation re- cently rose to suggest that the title of the popular song be paraphrased to "W hen It's Gintime in the Rickeys." Louis Schneider, county prosecu- tor, was guest speaker at the last meet- ing, and related some of the unusual incidents which transpire in the court. From some of the experiences which he related, the local court should be a gold mine for Bob Ripley. A new picture of generous size of Katheryn Variety Sheridan has been hung in the club's quarters. It is done in colors. Barker L. B. Wilson has returned from a sojourn of several months in Florida. He reports that the "palms" are outstretched there the same as of yore. C. E. Pfister, skipper of the May- flower at Troy, O., is the latest to receive the distinction of being called a barker. There was a special broadcast over WCKY, Covington, Ky., radio station from 7 to 7 :30 Sunday night dedicated to the Cincinnati Variety Club. Barker L. B. Wilson, who owns the station, put it over. Columbus Columbus, March 20. — Father Corbett, chaplain of the Columbus club, is wintering in Houston, but not being satisfied in enjoying a much- needed rest, is acting as assistant pas- tor of Holy Rosary Church there and New Handle Anthony — Tony to you — Muto has a very high-sound- ing title now. He is the "Special Representative of the President of the Motion Picture Theatre Owners of America." period permissible under the statutes," would follow. Members of the St. Joseph M. P. Operators' Union, Local 559, enjoined were : Warren S. Welsh, business agent, who is also union labor co- ordinator for St. Joseph and presi- dent of the Central Labor Council ; Myron Coots, who is a vice-president of the Missouri State Federation of Labor; Ralph Elliott, Bert E. New- kirk, Fred Sumpter, Howard Sisson, E. I. Motley, Ed Harris, S. A. Waggy, J. J. Redmond, R. L. Clark, I. E. Ramseier. The injunction also was against the stage hands' union, Local 43, and these members : S. A. Czachert, George Seippel, Walter Hay, Kay Lard and Charles Fitzjohn. The petition was dismissed against six members of the musicians' union, but was made effective against one member, M. Bova, of Local 50. Some 25 witnesses were heard prior to issuance of the decree. Virtually all of the defendants denied they knew anything about the bombing. Kent to Coast Soon S. R. Kent plans another trip to the Coast shortly. Scheduled to leave this week, he may not get away until after April 15. has also organized its dramatic club in the city, which is planning to give its first production, "The Kingdom of God," immediately after Lent. Hope to have him back with us shortly. The club last week was presented with a beautiful portrait study of Gov- ernor George White, an honorary member. It is now gracing a conspicu- ous place in the clubrooms. Had the pleasure of welcoming Barker Joe Penner of Pittsburgh and Morton Downey. Joe looks as sassy as ever and welcomed the opportunity of renewing old friendships from the Pittsburgh club. Barkers John Hardgrove and Vir- gil Jackson, who were "Kings for a Night," Sunday sprang a surprise on the local membership when, instead of sending out an announcement of their attraction, they called at each barker's office with a small circus clown band and, after several selections, made their announcement of the program. Barker H. E. Cherrington, dra- matic editor of the Columbus Dispatch, is still confined to Grant Hospital, but out of danger. At the luncheon every barker sent him a special "Get well card," which "Cherry" called his fan mail. Barker Kline Roberts is busy with the Ohio coal code, one of the addi- tional responsibilities he took on last year. Meetings of code members are being held in the clubrooms. Lieutenant Lester Arnold, one of the American officers who flew around Mining Boom Opens Houses In Colorado Denver, March 20. — Theatres in three towns are being opened. Two of these have been without a theatre for four years, and the third has had none for seven years, and has never had sound. The boom in mining is the cause of the latter opening at Cripple Creek. If the ming boom becomes permanent, a great many towns in the state and in the Denver territory will have theatres again. Ross Labart plans to reopen the Empress at Glen Rock, Wyo. Fred Lind, well known in Colorado, is re- modeling a building at Littleton, 10 miles east of Denver. He will call it the New Grand and will install 300 seats. William Diller will reopen the Alta at Cripple Creek soon. He is installing about 425 seats. Breckenridge, Leadville and Colorado Springs will also be the scenes of re- openings in the near future. New Orleans, March 20. — Reports from Shreveport, La., reaching here indicate three new houses to be opened shortly at Sulphur, Vinton and Lib- erty. Neilan to Coast Marshall Neilan is en route to the Coast, his second trip west in a couple of months. the world in 1926, entertained as his guests a number of Variety Club barkers with a flight over the city in his new Douglas plane. Pittsburgh Pittsburgh, March 20. — The big- gest crowd of the season turned out for the stag in honor of Barker Joe Penner. The club presented him with a handsome leather shaving kit. John McGreevey, Johnny Morin and T. J. Sullivan have all been vis- ited by the stork within the last month. Johnny Harris is vacationing on the Coast where he has been working out daily with the Pittsburgh Pirates at their spring training camp in Paso Robles, Cal. Dick Powell, Joe E. Brown, Jr., and Harry Ruby spent a few days with him there. The annual stage and screen bene- fit show has been set for the Penn April 15. John Maloney and "Doc" Bein- hauer may be persuaded to enter those six-day bike races at Duquesne Gar- den as a brother team. They're both platinum blondes. Art Levy got back from Miami all smiles and all sunburned. A few min- utes at one of the gambling casinos paid his expenses, or most of them, any way. Eddie Fontaine, president of the Cleveland chapter, was a guest of the club the night of the Joe Penner party, the first at which Jimmy Bal- mer did not recite "Friends." Harry Harris and Earl Roeser motored to Florida, where they're es- caping winter's closing rigors. Jerry Mayhall is now a musical contractor and has opened an office for band bookings in the Clark Build- ing- . _ - Variety Club Chatter lias already won the applause of JilmJom s severest crihes. (~fhe lias been awarJecl llie ^J*£onor (!zP age, creenlaud s highest tribute, by editor CJ)eliglit (Ovans, who says that (-Jean ^1'lluir seems inspired to present the ideal of wholesome ^slwiemcan womanhood as no other movie girl has ever done before . . . 0 arieiy CJ)aily calls her worlc a topping perfonnance, rounded and mellow . . . gJ he reveals not only her fresh beauty but her poignant acting ability, says cJ^awreuce eid, editor otion dzP icture fyVlagazine and (Classic . . . ff/*\iid * ?>$ '\>Ve to\e vic^^x ^Cf. ' ets. \w e»* , \eo'- JMEDY. . . PRODUQION PLUS . . . SWELL TUNES .FAST ENTERTAINMENT .. /PAT' PATERSON ICKS CLASSILY...SPENCER TRACY A STANDOUT! en without a single song.. ."Bottoms Up" would be grand ertainment. A story loaded with emotional punch ... a mil- ■ laughs ... a picture that will make every patron your bnd. A cast bright with appealing personalities . . . and watch at" Paterson! The tunes are extra... and extra catchy. B. G. tSylva and David Butler add another hit to their long list ! IOTTOMS SPENCER TRACY "PAT" PATERSON JOHN BOLES ERBERT MUNDIN • SID SILVERS ftRRY GREEN • THELMA TODD Story and screen play: B. G. DeSylva, David Butler and Sid Silvers. Songs by Harold Adamson and Burton Lane, also Richard A. Whiting and Gus Kahn Made by the makers of "Sunny Side Up" Directed by David Butler Produced by B. G. DeSylva 18 MOTION PICTURE DAILY 1 Wednesday, March 21, 1934 To Recommend End Of Admission Tax (Continued from page 1) day agreed to the deletion of a number of the so-called nuisance levies, the loss in revenue to be offset by reten- tion of the tax of one dollar on each $1,000 of the capital stock of corpora- tions and the five per cent excess profits taxes. The action of the committee was based on a showing that the admission and other nuisance taxes failed to re- turn anywhere near the revenue orig- inally estimated. In addition, their elimination will simplify the tax situa- tion by reducing the number of tax- able items and will relieve the Inter- nal Revenue Bureau of the necessity of auditing several hundred thousand returns a month. The decision to drop the admission tax came as a surprise, as little atten- tion had been paid to this feature of the bill by either the House \\ ays and Means Committee or the Senate Finance Committee during their hear- ings on the measure other than to re- ceive appeals for relief of the legiti- mate theatre, circus and collegiate sports interests. According to a computation by the committee, repeal of the admission tax will involve a loss of only $17,200,000 a year, and all of the taxes to be re- pealed have returned only $95,000,000 a vear. Move to Levy New Taxes Fails in L. A. (Continued from page 1) a hearing before the City Council's License Committee. After hearing W. H. (Bud) Lollier and Fred Beetson warn that the addi- tional burden might be too much for the industry, the committee voted against the proposal five to one. Present taxes will continue except on theatres grossing in excess of $750,000 yearly. They will pay an additional $1,500 and an added tax of 40 cents for every $1,000 over the $750,000. The present scale for a license to operate is based on the preceding vear's grosses. Where the house takes in $20,000 annually the tax is $30 for a $50,000 gross, $90 for a $100,000 gross, $225 for a $500,000 gross, $900 for a $750,000 gross, $1,500 and 40 cents for each additional thousand. Studios pay $400 flat annually. Had the proposed bill passed, it is estimated that the city would have been enabled to collect an additional $280,000 annually from the industry. S. A. Lynch Returns S. A. Lynch, in charge of Para- mount theatre reorganization work, returned to his office yesterday follow- ing an extended rest in Florida, neces- sitated by illness and overwork. Greatly improved physically, Lynch is resuming work on a schedule some- what less strenuous than the one he followed last fall and winter. Charnow at Allied Meet Julius Charnow, vice-president of Allied of New Jersey, yesterday sub- stituted for Sidney Samuelson, presi- dent, at the unit's meeting which was described as "routine." Samuelson, now on a southern cruise, returns around April 5. Looking 'Em Over "King of the Wild Horses" {Columbia) Teeming with action and color, "King of the Wild Horses" is com- pletely satisfying entertainment. It is an absorbing and interesting tale built around a horse called Rex, as intelligent and splendid a specimen of its kind as ever pranced before a camera. Lovers of horse flesh will go for this in a big way, no less than will fans who relish westerns. The atmosphere is authentic, the film having been shot on the Indian lands of Arizona. Scenes of Navajo ceremonials lend a picturesque note to the production. William Janney, accepted into the tribe on reaching manhood, is ordered to capture Rex, ruler of the wild horses on the Navajo lands, as a test of his prowess. The horse is captured and Janney's whole life becomes wrapped up in the animal, so much so that his girl com- plains. Janney faces the danger of losing Rex when a gang of horse thieves headed by Wallace MacDonald, who passes himself off as a government inspector with orders to kill all diseased wild horses, is foiled in its plans when Rex turns back the herd of wild horses as it is being driven into a trap by the men. Combats between wild horses and between man and man are scat- tered through the film in generous number. Dorothy Appleby plays the Indian maiden. Others in the cast are Harry Semels, Ford West and Art Mix. Earl Haley directed. MOTION PICTURE DAILYS HOLLYWOOD PREVIEW "A Very Honorable Guy" (Warners) Hollywood, March 20. — This story, packed with amusing and novel situations, is sweet meat for Joe E. Brown, which he handled in typical style. The yarn deals with "Feet" Samuels (Brown), a dumb cluck who gets himself into debt to "The Brain" (Alan Dinehart), head of a gang of racketeers. Being a "very honorable guy" in dire straights, Brown, as a last resort, sells his body to a doctor in order to pay his debt, prom- ising to deliver it within 30 days. "The Brain" underwrites his note. Brown's luck immediately changes. Everything he touches turns to gold. He shortly finds himself fabulously rich with no desire to end his life. Comes the time when the day of his marriage to Hortense ( Alice White) and the day he is to "pay up" are the same. Remainder of the story moves Brown quickly through his adventures trying to oust him- self from his predicament, being pursued throughout by Dinehart. his gang, and the doctor. Brown is freed from his troubles when the doctor is proved insane, which makes his promise null and void. He marries Alice in peace on a chicken farm. Lloyd Bacon squeezed the most from the hilarious situations. Good support comes from the cast, which includes Hobart Cavanaugh, Arthur Vinton, Robert Barrat, and Irene Franklin. A non-preview audience liked this one. Give Nolan a Bag RKO executives, who gathered at the Park Central last night to at- tend a farewell dinner to Joseph ("Joe") Nolan presented him with a traveling bag. For five years assist- ant secretary of RKO Distributing, Nolan leaves for Hollywood tomor- row to become assistant to B. B. Kahane, recently appointed president of RKO Studies, Inc. Roach Adds Two to Gang Hollywood, March 20. — In lining up a new "Our Gang." Hal Roach retains Tommy Bond, Spanky Mac- Farland and Stymie. After staging many contests he has added Scott Beckett, four years old, under a five- year contract, and Willie Mae Wal- ton, four-year-old colored girl. Plays for Warner Club Warner employes have formed a dramatic club called The Warner Club Players to present plays at club meetings. Who? What? When? (Continued from paue 14.) company took over its second house. ' Garman has always been active in or- i ganization matters and, for a num- ' ber of years, was a vice-president of the M. P. T. O. of Maryland. H-; is 58 years old. Sidney B. Lust, second exhibitor representing unaffiliated subsequent runs on clearance and zoning, is a New Yorker by birth. Thirty year: ago, he was stage manager holding a union card at the Marlowe in Jack- son, Tenn. He held it four years. At-j the expiration of the following four years, Lust was out on the road as " stage carpenter with Kate Claxtou "Two Orphans" and "Dorothy Ver-, non of Haddon Hall." Later, he was engaged by Cliff Gordon and Bobby North, now a supervisor in Holly -1 wood, to manage "Son of Solomon. ''j a vaudeville act with Hugh Herbert, who, incidentally, is now under con- tract to Warners. Lust played thej Orpheum time and the Sullivan and' Considine circuit, then quitting the road to sell Warner's Features here for P. A. Powers and Harry Iff. W arner. That Warner company went into receivership a year later at which time Lust, together with Warner, bought the exchange and a Triangk franchise. He, therefore, had one t>f the first state right branches in the territory. Ten years ago. Lust en- tered exhibition and today operater on his own in four towns while hold- ing an interest in three theatres ii Alexandria, Va. In Hyattsville. Md. he has the Arcade ( 575 seats ) . in Mt Rainier, the Cameo (500), in Rock ville, the Arcade (400), in Washing ton, the Leader (500) and Hippo drome (300). His interest in Ale>. andria is in the Alexandria Amuse ment Corp., which controls all of thi houses in town. Thev are the Capito (300), Ingomar (4.'500) and Richi mond (750). Lust is a vice-presideii' of the M. P. T. O. of the Distric of Columbia, an affiliate of the na tional M. P. T. O. A., and a directo in it ; and a trustee of the Communit Chest, for which he has been makin; 1 an annual film for two years now. Lo j cal theatres run it as a civic duty. Professor Hector G. Spauldix( j impartial member on clearance anil zoning, is a member of the faculty o-j the law school at George Washings ton University. Cherry Gets Dallas Jm Dallas, March 20. — James C Cherry, veteran theatre executive an I manager of the Palace, has been arj pointed city manager for the six Ir terstate Theatres in Wallas. Cherr 1 recently won the award offered b I Ernest Lubitsch for the best campaig j on "Design for Living." I Am Seeking a Partner Experienced motion picture executive will invest money and services in a legitimate motion picture enterprise, preferably production and distribution. He has had extensive production experience and desires to associate with a man who has had distribution experience. Only men of the highest calibre need apply. References will be exchanged. Box 135, MOTION PICTURE DAILY I 790 Broadway New York, N. Y. 1 The Leading Motion Picture Industry MOTION PICTURE DAILY Alert, Intelligent ft the Industry in All Branches *rOL. 35. NO. 67 NEW YORK, THURSDAY, MARCH 22, 1934 TEN CENTS Line Up Busy Schedule for MPTOA Meet business Items Varied — Entertainment Lavish Tentative program for the M.P.T.O.A. convention, as it stood yesterday, appears on page 8. Program for the annual convention t the M.P.T.O.A. in Los Angeles ipril 10-12 took definite form yester- jay. The entertainment features of ie program are in charge of the con- dition arrangements committee in .os Angeles of which B. N. Berinstein . chairman. The general plan is to hold the busi- iess sessions in the forenoons, the trips irough the studios in the afternoons (Continued on pane 8) lee Big Year Again With Fair's Return Chicago, March 21— With the Chi- iago World's Fair set to play a re- urn engagement at the end of spring, xhibitors here are looking forward /ith high hopes to another big year, ^.n index of what they may expect ; the number of advance reservations eported by Chicago hotels. Officials f the Stevens and Palmer House and mailer hostelries announce reserva- ions are as much as double those of ast year. Expectation that this year's hotel rade will be 80 per cent transient and Durist, as against 20 per cent in 1933, i pointed to as indicating bigger ex- osition crowds and hence bigger box- ffice business. rhree Bills Aimed At N. F. Censorship ' Albany, March 21. — Three bills for bolition of censorship are pending in jhe Legislature. The latest was in- troduced today. Two bills presented by Assembly- man Herbert Brownell, Jr., of New /ork, are designed to continue the •resent $3 per 1,000 feet negative (.Continued on page 4) WO Picks Muchnic To Succeed Nolan George Muchnic has been appointed assistant secretary of the RKO Dis- puting Corp. by Ned E. Depinet, resident. He succeeds Joseph Nolan, (Continued on page A) Begin With Gin Cincinnati, March 21. — Whether intentional on the part of the host, or a slip of the printer, is not known, but invitations to a midnight party to be given by a local exhibitor, read in part: "Festivities will be gin at 11 :30." Coast Agents, Actors Draft Labor Pact Hollywood, March 21. — After sev- eral meetings between attorneys rep- resenting agents and those represent- ing the State Labor Bureau, to draft a new set of rules and laws by which the state can adequately supervise the agents' employment activities, both parties held their final meeting here today and agreed on a new draft ac- ceptable to both factions. This draft will now be forwarded to Joseph J. (Continued on page 4) Skouras Orders End Of All FWC Triples Declaring he is against triple fea- tures in any shape or form, Charles Skouras has ordered them out of Fox West Coast houses. Some F. W. C. managers have been adding previews to dual bill shows on the coast while Skouras has been in the east. When the practice was called to his atten- tion, it was immediately ordered stopped, according to Skouras. Another Para. Rent Claim Is Expunged A $2,500,000 rent claim against Paramount Publix, filed bv the Chip- pewa Realty Co for the Great Lakes (Continued on page 4) YEAR MORE OF TAX ON TICKETS LOOMS Council Told 75% of Films Hit the Mark That 75 per cent, of Hollywood's output is acceptable to the critical eyes of leaders of the Motion Picture Research Council was among the first statements to be made by Mrs. August Belmont, New York social luminary and new president of the organization, in addressing the council's national conference luncheon at the Hotel Roosevelt yesterday. Everything considered, the industry itself was treated pretty leniently by the luncheon speakers despite the fact that films came in for their full share of such harsh, descriptive terminology as "low-charactered" merchandise and (Continued on page 10) Code Complaints to Be Aired at Hearing Washington, March 21. — Declar- ing that a "very large number" of complaints against the code have been filed with them, officials of the recent- ly appointed National Recovery Board of Review will hold a hearing March 26 on charges that the agreement is (Continued on page 4) Rosenblatt Receives $7,060 in NRA Post Washington, March 21. — Sol A. Rosenblatt, division administrator in charge of amusements, today was shown to be among the highest paid (Continued on page 4) Hearst Paper in Chicago Tries New Type Reviews Chicago, March 21. — Exhibitors and distributors alike are watching the recent innovation in film reviews instituted by the Chicago Evening American under which this newspaper is publishing forthright "reports" on pictures rather than critical opinions. This change to reporting on pic- tures in place of the time honored criticism is an idea nurtured by Wil- liam Hollander, advertising director of B. & KLj over the past two years. Hollander was no little surprised, and (Continued on page 7) Senate Finance Group Favors Continuance Of Present Levy Washington, March 21. — Reten- tion of the present admission tax un- til after July 1, 1935, was provided for today by the Senate Finance Com- mittee through rejection of Chairman Pat Harrison's plan for elimination of a number of nuisance taxes, ad- missions included. The committee accepted Harrison's proposal for retention of the capital stock and excess profits taxes and made a few changes in miscellaneous taxes other than admissions, but held it unwise to make any wholesale elimi- nation of taxable items until capital stock and excess profits revenues be- gin to come into the Treasury 15 (Continued on page 4) Lilyan Tashman Dies In a Hospital Here Lilyan Tashman died unexpectedly yesterday afternoon at the Doctors' Hospital following an operation per- formed five days ago for a tumorous condition. Her death came as a shock to those in the show world. Edmund Lowe, her husband, was present at her death. Miss 'Tashman was born in Brook- lyn and attended New York public schools. Her early ambition to be- come an actress led her to a tour of New York agencies. While on one of (Continued on page 7) Poster Men to Meet Apr, 7 in St. Louis St. Louis, March 21.— Members of the National Poster Service Ass'n from all over the country are slated to hold an important meeting here around April 7. Simon Libros, of Philadelphia is president of the organ- ization, which plans to print its own posters on pictures from all compa- nies. Recently the men met in New York where tentative approval was given the plan for putting out posters on a plan similar to distributing companies. Lesser Will Repeat 'Tarzan' Experiment Hollywood, March 21. — Sol Less- er will follow the experiment of "Tar- zan, the Fearless" with another pic- ture along the same lines. When (Continued on page 4) MOTION PICTURE DAILY Thursday, March 22, 1934 MOTION PICTURE DAILY (Registered U. S. Patent Office) Vol. 35 March 22, 1934 No. 67 Martin Quigley Editor-in-Chief and Publisher MAURICE KANN j^r. 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 CIcle 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, Victoi M. Shapiro, Manager; Chicago Bureau; 407 South Dearborn Street, Edwin S. Clifford, manager: London Bureau: 6 Brookland Close, Hampstead Garden Suburb, Bernard Charman, Representative; 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: 11 Olaaz Fasor 17, Endre Hevesi, Representative. 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. Switch in Direction Hollywood, March 21. — Busby Berkeley, originally scheduled to han- dle the direction of Warners' "Dames," will now handle only the dance and musical numbers. Ray Enright will direct the story. Hillyar Injured Cincinnati, March 21. — William J. Hillyar, associate editor The Bill- board, sustained painful, although not serious, injuries when his automobile skidded and overturned on a country road. Wampas Frolic Set Hollywood, March 21. — With elec- tion of the Wampas "Baby Stars" slated for March 27, it has been defi- nitely decided to stage a "Baby Star" frolic in conjunction with the event. Mrs. Herrick Due Today Mrs. Eleaniore M. Herrick, in charge of the local regional NRA labor board, returns today from a quick trip to Washington. Kelly Goes Saturday Arthur W. Kelly, vice-president in charge of foreign distribution for United Artists, leaves for Hollywood Saturday and thereafter for Australia. BEN BLUE Under Contract WARNER BROS. VITAPHONE STUDIO Now Making Personal Appearances in England Direction of JOE RIVKIN — Leo Morrison Agency Off o N March 13, this column said, among other things: "What is solid opinion through- out the country talking about? Here in New York and certainly in Hollywood there is apt to be too much self-complacency, too much self-satisfaction in affairs celluloid and much too little concern over what important _ fac- tors in molding public opinion reflect and talk about. "Confined to no particular creed, churchmen of many denominations are urging their constituents to watch the types of pictures which play their local theatres. In some instances, and enough of them to indicate all is not well with the current status of business, the public is being admonished not to go at all. "It's the old story, not even in new dress, but enough momen- tum, backed by enough reason, has been given the movement to make it frightfully dangerous if notes are ever matched and a joint course of procedure ever deter- mined upon. "The inescapable fact that ties in with all of this is that many of the potshots taken at films strike home because the bullets are man- ufactured from truths. . . ." B, OB WILBY, one of the leading showmen of the South- ast and acknowledged as such by all who know him or of him. noted and digested the comment, then dropped the following in the mail- box : "You are right in what you say, but there's a lot more to be said. The real objection to the type of dirt that now is getting into pic- tures is not in the company mak- ing a 'She Done Him Wrong' or any other story that very defi- nitely stands for what it is, and thereby gives warning to any- body who goes into the theatre as to what they will see, but to the gags which are injected into otherwise clean pictures. And that goes particularly for the 2-reel comedies. Take 'Wonder Bar' ; there's no reason in the world for some of the things in that picture and there is nothing about 'Won- der Bar' that would give the patron of the theatre any advance warning that that's what he is getting in for. Some of the gags in 'Scandals,' an otherwise de- lightful picture, are the same way. "That's the sort of thing that the Hays organization seems un- able to combat. They can bar a complete story, and they gener- ally make suckers of themselves when they do it, but they seem unable to get at the Pullman smoker gags injected into the re- vue or comedy type of film, and I honestly believe that this is the source of most of the censor troubles that are springnng up so fast over the country. "The funny part of it is that these gags never add anything to a picture. They just detract, whereas the completely risque pic- ture may entice an audience all its own into the theatre and. at the same time, keep out those peo- ple who do not care for that sort of thing. "I'm not crusading — I'm just telling you." And that appears to be that. T ^^^HAT continues to go on throughout the nation? There is. for instance, the problem advanced for Hollywood to ponder over by Herman J. Bernfeld, writ- ing editorially in the Cincinnati Enquirer, a daily of much power in its territory. That constant re- vision in any production code of ethics is necessary and always will be is this writer's thought. He re- flects over the question of whether changes should come through revo- lution or evolution, points out sporadic crusades are of little value because usually they are localized, (Continued on page 7) Most Issues Off on Big Board Net High Low Close Change Columbia Pictures, vtc 26 ft 265* 2674 — ft Consolidated Film Industries 4ft 4ft 4ft — J4 Consolidated Film Industries, pfd IS IS — ft Eastman Kodak 89 8754 8754 —lft Fox Film "A" 15 J* IS IS Loew's, Inc 3154 30J4 3VA — ft Loew's, Inc., pfd 90 90 90 +1 M-G-M, pfd 23 23 23 —1 Paramount, cts 4% 4ftz 454 — ft Pathe Exchange 354 3ft 3ft — ft Pathe Exchange "A" 1854 1754 1854 — ft RKO 35* 3ft 35* -ft Warner Bros 654 65* 65* — ft Technicolor Drops XA on Curb Net High Low Close Change Technicolor 8ft Sft 8ft —ft Warner Bonds Off One Net High Low Close Change General Theatre Equipment 6s '40 9ft 9ft 9ft — 5* General Theatre Equipment 6s '40, ctf 854 85* 854 +54 Loew's 6s '41, ww deb rights 98 97ft 97ft + ft Paramount Publix Sfts 'SO 49ft 49ft 49ft — ft Warner Bros. 6s *39, wd 555* 54 54 —1 4 Purely Personal ► Annabella, French actress, and Roger Dann and Andre Verley, all under contract to Fox, arrive toda; on the He de France and will leave immediately for the Coast to work in the French version of "By Royal Com- mand." Jack Jossey and Jim Alexander are Monogram men and are in no way connected with Majestic. Both are in town conferring with W. Rav Johnston and Eddie Golden. Leo Abrams, Max Cohen, Louis Xizf.r, Charles Rosenzweig, Harry Brandt, Julius Tannen and Wil- liam Small among M. P. Club din- ers yesterday. Milt Kusell, who returned yester- day with Neil Agnew from a south- ern cruise which took them as far as Trinidad, lost 11 pounds on the trip. Herbert Spencer Berg has new cheaters — chromium plated rims everythin'. Strained his eyes looking for U. A. publicity. Ken Maynard sails today with Mrs. May-nard on the Berengaria for a tour of Europe. Jimmy Cagney is around New York. It's all supposed to be very quiet. Harry C Arthur has booked "Journal of Crime" for the Roxy, date, undecided. Rian James, former columnist now turned scenarist, is at the St. Moritz. Just in from Hollywood. Andre Daven, European produc- tion manager for Fox, arrives today on the lie de France. Myron Sattler, New York Para- mount branch manager, leaves today for a West Indies cruise. J. J. Unger is still basking in Flor-j ida sunshine. Virginia visitor. Pine is another coast Sales 300 400 900 1,200 500 4,300 100 100 7,800 2,500 800 500 1,200 Sales 700 Sales 28 20 5 5 7 Talbot on New Ticket Hollywood, March 21. — Lyle Tal- bot has been given a new First Na- tional contract. MOTION PICTURE ALMANAC 1954-35 NOW /N PMPAAAT/OA/ WHERE THE WORLD LOOKS FOR MOTION PICTURE xcmoi MCTUAI 954- 3! HIKE ♦ C22 I He's in the Movies Now . . . Thanks to WARNER BROS. See Carl Ed's famous comic / strip- ling brought to life . . . With Hal LeRoy, boy wonder of "Wonder Bar" as Harold . . . And Lillums in the flesh, played by adorable Rochelle Hudson... i\nd 4 other big spectacle ong numbers in the famous Warner Bros, manner. It has "univer sal appea"' says "Variety Daily", noted Hollywood authority Don't miss it if you like to laugh. At leading theatres soon! Hugh Herbert— Hobort Cavanaugh— Dire MOTION PICTURE DAILY Thursday, March 22, 1934 Coast Agents, Actors Draft Labor Pact (Continued from page 1) Creem, Commissioner of the Cali- fornia State Division of Legislation and Statistical Law Enforcement and Industrial Employment Relations in San Francisco. A committee of three, composed of Austin Sherman, chairman, Martin Gang and Ralph Blum, represented about 95 per cent of the agents, while Thomas Barker, Chief Deputy from Los Angeles of the State Labor Bu- reau, and Charles F. Lowy and George L. Schaumer, attorneys, represented the Labor Bureau. Highlights of Pact Among the highlights of the new rules and laws are those which state that certain provisions must be em- bodied in all contracts between artists and agents which give the right to the artist to enter into contract with the agent and the right to cancellation of this contract if the agent doesn't per- form that which he agreed to. An- other rule states that under any oral contract, in order for the agent to col- lect his fee, he must first prove that he secured the job for his client. It was further ruled that all contracts entered into between an agent and an artist must be submitted to the local Labor Bureau for approval, and that all controversies arising out of, or in connection with, contracts between agents and artists, involving the new proposed Employment Agency Act, or the rules, must also be submitted to the Labor Bureau for determination. The new draft was considered by both the Labor Bureau and the at- torneys representing the agents to be a great achievement, and all concerned are gratified that the State and the agents can now coordinate in solving many problems that have heretofore caused considerable legal battles over various contracts used by different agents. The agents committee was given the power to represent the agents by 13 lawyers representing 95 per cent of the agents. 3 on Way to New York Hollywood, March 21. — Emanuel Cohen left for the east tonight for con- ferences with home office executives on new product. Others also on their way east are Robert Montgomery, who is on a three-week vacation, and Nick Foran, recently signed by Fox to a long termer, who will confer with his manager in New York on a stage engagement. The latter will return here April 8 to resume picture work, later hiking back to Broadway for stage work, his contract permitting him to divide his time between stage and screen. > „ . Protests Receiver Bill Albany, March 21. — Federal Judge John C. Knox protested" to Governor Lehman today against signing of the McNaboe bill designed to prevent the appointment of the Irving Trust Go. as receiver in Federal cases. The Governor vetoed a similar bill last year. Code Complaints to Be Aired at Hearing (Continued from page 1) adversely affecting independent in- terests. The board was created by an execu- tive order issued March 7 by the President "to ascertain and report to the President whether any code or codes of fair competition approved under authority of Title I of the Na- tional Industrial Recovery Act are designed to promote monopolies or to eliminate or oppress small enterprises or operate to discriminate against them, or will permit monopolies or monopolistic practices." If in any instance the board finds in the affirmative it is to recommend such changes as, in its opinion, will rectify or eliminate such results. Officials of the board stated that so many complaints have been received that it has been impossible as yet to catalog them, although cursory exami- nation disclosed that they touched upon a number of provisions of the code. The complaints, filed by the so- called independent interests, have been formal and informal, the former be- ing received on official forms made available by the board. Names of complainants and details of their charges have not been made public. Another Para. Rent Claim Is Expunged (Continued from page 1) Theatre, Buffalo, was ordered ex- punged yesterdav by Referee Henry K. Davis. Referee Davis's order followed closely on the action of the U. S. District Court here in sustaining Davis's action in disallowing a similar claim of $619,805 filed against Publix Enterprises on behalf of the Para- mount at Steubenville, Ohio. The ex- punging of both claims is based on a recent decision of the U. S. Supreme Court, holding that future rent claims are not provable against bankrupts. A total of more than $100,000,000 of such claims have been filed against Paramount Publix and Publix Enter- prises, all of which, it is now regarded as certain, will be disallowed by the bankruptcy court as rapidly as the claims are heard. RKO Picks Muchnic To Succeed Nolan (Continued from page 1) who leaves for the coast today to sta.rt work as assistant to B. B. Kahane. president of RKO Radio Studios, Inc. Muchnic has been in the company's audit control department for the past year and a half, and before that was connected with RKO theatres. Thomas Quinn has been named head of the claim department, which will be established as a separate unit ; E. J. Smith, formerly assistant to Much- nic, succeeds him in charge of audit control ; Frank Alford leaves the sta- tistical department to become assistant to Smith; Joseph Skelly, manager of branch' operations, will add the han- dling of exchange leases to his duties. Postpone P. -P. Meet Continued examination of Para- mount Publix executives in bankruptcy proceedings before Referee Henry K. Davis, scheduled for yesterday, , was postponed to April 3. No Decision Reached On N. Y. Boards Because of differences of opinion among members of the committee on selections for clearance and zoning and grievance boards yesterday, no decision was reached on recommen- dations for the Greater New York boards. It is understood certain members of the committee are for setting up three separate clearance and zoning and three separate grievance boards, each with equal authority to act. Other members are understood favor- ing strict adherence to the provisions of the code which provide for only one of each type of board. Unanimous approval of any plan must be recorded in order to be adopted. The matter will be put up to Code Authority for determination at its meeting this afternoon. Certain recom- mendations were made for the Phila- delphia boards, but, it is believed, some committeemen are at variance with the tentative selections. This may hold up final announcement of the Quaker City setups today. Suggestions for replacements on the Minneapolis and other boards were made yesterday and probably will be approved today. Division Administra- tor Sol A. Rosenblatt is expected to announce the impartial members of the Minneapolis boards as well. New York and Philadelphia government ob- servers will be appointed, provided the Code Authority comes to an agree- ment on the rest of the personnel of the boards. Rosenblatt may be asked to rule on the New York situation if Code Auth- ority cannot reach a unanimous de- cision. Rosenblatt Receives $7,060 in NRA Post (Continued from page 1) officials of the NRA, with a salary of $7,060 a year. Information regarding Rosenblatt's salary was contained in a report filed with the Senate in re- sponse to a resolution adopted last month. General Counsel Donald A. Rich- berg receives more than any other NRA official, his gross salary being listed as $14,120, while Administrator Johnson receives $7,060, and Frances M. Robinson, his executive assistant, gets $6,800. Alvin Brown, executive officer, also receives more than John- son, having a salary of $8,470. Lesser Will Repeat 'Tarzan' Experiment (Continued from page 1) Principal sets into production "Chandu" in about four weeks, enough footage will be taken to make a fea- ture in addition to a serial. Gayne Whitman will be starred. If an exhibitor wants the picture, he can follow with eight two-reel chapters. If he wants to play the serial alone, 12 two-reel episodes will be available. Lesser will follow "Chandu" with "Peck's Bad Boy," with Jackie Cooper. A Year More Looms of Tax On Admission (Continued from page 1) months hence. The action of the com- mittee means that in all probability there will be no change in the ad- mission tax until 1936 unless the po- sition of the Government so improves this year as to permit of renewed tax consideration next session. Under Senator Harrison's plan a number of the nuisance taxes were to be repealed, the $95,000,000 in revenue which would be lost to be offset by the continuance of the capital stock and excess profits taxes. The most important of the taxes selected for elimination from the standpoint of rev- enue return was that on admissions, estimated at $17,200,000 a year. The Finance Committee refused to» make any changes whatever in the| admission tax provision, turning deaf ear to appeals for relief from th< circus industry. Richmond Women in New Film Movement Richmond, March 21.— The M. P Research Council's campaign agains block booking under the managemenl of Rev. William P. Short has reache this city in the form of a movemen to organize the M. P. Forum. Mrs Channing M. Ward is active in th< effort. Among its plans is the formatia of a review board to view all picture; coming to the city and make recom mendations in advance of showing Airs. August Belmont declined an in vitation to attend an organizatioi meeting and invitations are to be sen; to Short and to Division Administra tor Sol A. Rosenblatt for anothei meeting to be held in April. Three Bills Aimed At N. Y. Censorship (Continued from page 1) tax, to reduce the $2 positive tax a $1.50 per 1,000 feet, to abolish til censorship board and to transfer thl tax collection functions from the StaJ Education Department to the Depart! ment of Audit and Control. A third bill, sponsored by Assembly! man Irving D. Neustein, is intendeJ to permit the showing of newsreel and educational and scientific filml without the payment of fees. Patman Bill Target j Of Baltimore Womail Baltimore, March 21. — Congress man Patman's Federal censorship bi I is denounced as "another form of prcl hibition and just as sure to be a flop,! by Mrs. William Bauernschmidt, seel retary of the Public School Ass'rl here. Mrs. Bauernschmidt believes that lc || cal censorship by state boards ha I proved itself useless and that the pass i age of the Patman bill would do ver I little more than create another grou || of official meddlers. Thursday, March 22, 1934 MOTION PICTURE DAILY •David Harum' And 'Bar' Top Philadelphia Philadelphia, March 21. — "David Harum" and "Wonder Bar" glad- dened the hearts of local exhibitors last week. The former landed a neat $23,000 at the Fox and held over for a second week. The latter grabbed $22,000 at the Stanley and got a second week with a third likely. "Bolero" got an extra day at the Boyd, taking $12,000 for seven days. "Nana" hit the toboggan for its second week, getting $6,000 — half its. first week's gross. Has a third to go, however, before "Palooka" replaces it. Total first run business was $102,- 200. Average is $82,300. Estimated takings for the week ending March 15 : "NANA" (U. A.) ALDINE— (1,300), 40c-55c-65c, 6 days, 2nd week. Grass: $6,000. (Average, $7,000). "QUEEN CHRISTINA" (M-G-M) ARCADIA — (600!) p 25c-40c-50c, 7 days. 2nd run.) Gross: $4,200. (Average, 6 days, S2.400.) "BOLERO" (Para.) BOYD— (2,400), 40c-S5c-65c, 7 davs. Gross: 512,000. (Average, 6 days, $12,000.) "SIX OF A KIND" (Para.) EARLE— (2,000), 40c-55c-65c, 6 days. Stage: Sophie Tucker, Sidney Marion and Estelle Jayne, Gaudsmith Brothers, Lee Murray and Sinclair Twins. Gross: $14,000. i Average, $12,000.) "DAVID HARUM" (Fox) FOX— (3,000), 30c-40c-60c, 6 days. Stage: X. T. G.'s "Paradise Revue" and Johnny Marvin. Gross: $23,000. (Average, $12,000.) "ONCE TO EVERY WOMAN" (Col.) KARLTON— (1,000), 30c-40c-50c, 6 days. Gross: $3,000. (Average, $3,500.) "EVER SINCE EVE" (Fox) KEITH'S— (2,000), 25c-35c-45c, 6 days. (2nd run.) Vaudeville on stage. Gross: 56,000. (Average, $7,000.) "WONDER BAR" (Warners) STANLEY— (3,700), 40c-55c-6Sc, 6 days. Gross: $22,000. (Average, $12,000.) "GOOD DAME" (Para.) STANTON — (1,700), 30c-40c-55c, 6 davs. Gross: $7,000. (Average, $7,000.) "SON OF KONG" (Radio) WALNUT— (1,500), 25c-50c. 6 days. "Folies de Gambol" on stage. Gross: $5,000. (Average, $5,000.) "Harum" Is $5,000 Indianapolis Wow Indianapolis, March 21. — "David Harum" stirred up the principal box- office excitement here last week In- going 100 per cent over normal to $5,000 at the Apollo. "Xana" was no sensation. It took an average $4,500 at the Palace. "Man- dalay" was also par with $3,500 at the Circle, and a dual, "Meanest Gal in Town" and "Ninth Guest," was good for $4,000 at the Indiana. Total first run business was $22,500. Average is $16,500. Estimated takings for the week end- ing March 17: "DAVID HARUM" (Fox) APOLLO— (1,100), 20c-40c, 2nd week, 7 days. Gross: $5,000. (Average, $2,500) "MANDALAY" (Warners) CIRCLE— (2.800). 20c-40c. 7 davs. Gross: ^.500. (Average, $3,500) "MEANEST GAL IN TOWN" (Radio) "NINTH GUEST" (Col.) INDIANA— (3,000), 20c-10c, 7 davs. Gross: S4 000 ' "EVER SINCE EVE" (Fox) LYRIC— (2,000), 20c -40c, 7 days. Stage show. Gross: $5,500. (Average, $6,000) "NANA" (U. A.) PALACE-(3,000), 25c-40c, 7 days. Gross: $4,500. (Average, 84,500) Hearst Paper in Chicago Tries New Type Reviews (Continued from page 1) pleased, when he discovered on his return from a Florida vacation that the American had decided to give his pet idea a tryout. Whether other Hearst papers will follow remains to be seen. The Hearst morning paper, the Herald & Examiner, continues its critical re- views. Jess Krueger is handling the paper's film news and serving as its first film "reporter." In discussing the straight reporting style for reviews Hollander says : "Newspapers and exhibitors alike un- doubtedly realize that most pictures do not merit criticism because they are made primarily for popular rather than critical consumption. On this basis practically every picture is sat- isfactory entertainment for at least 60 per cent of the general film audience. "It should be remembered that peo- ple in general attend pictures for en- tertainment and relaxation and not to think seriously, for a theatre is neither lecture hall, public forum, or a church — just a place of entertain- ment. There is plenty of latitude for the writer to express his individual style in the straight reporting method of writing about pictures, Hollander be- lieves. Also, he contends, big and outstanding attractions do not suffer under this system because, like the spectacular fire or the big news story, they command treatment in propor- tion. On the theory that film reviewers are subject to the same human frail- ities of personal likes, dislikes and prejudices as everyone else, Hollander concludes that the reporting style will tend to remove the human equation and eliminate a lot of personal petti- ness which pops into reviews and has a harmful effect. Speculate on Divorces Hollywood, March 21. — The film colony today was speculating whether any of its members recently divorced in Mexico are victims of the fraudu- lent divorce mill unearthed in the State of Morelos Tuesday. Goldwyn Signs Aarons Hollywood, March 21. — A. A. Aarons, former member of the thea- trical producing firm of Aarons and Freedley, has been signed to Samuel Goldwyn's production staff. Otterson West Today John E. Otterson, president of Electrical Research Products, Inc., leaves for a two weeks' visit in Hol- lywood today. Levy Holding Meet Hollywood, March 21. — Jules Levy today started a three-day sales con- ference with all RKO West Coast territory salesman on new product. Swerling Signed Hollywood, March 21. — Columbia has taken up the option of Jo Swer- ling, staff writer. Lilyan Tashman Prominent leading woman who died in New York yesterday. Lilyan Tashman Dies In a Hospital Here (Continued from page 1) these visits she was seen by Rudolph Kirchner, an artist, who hired her as a model. This led to her first stage chance in Ziegfeld's Follies. Later she appeared in "The Garden of Weeds" and "Gold Diggers." Her screen career began while she was on a visit to the coast with her sister. James Cruze was casting for "The Garden of Weeds" and offered her a part. Better roles followed. While working on "Port of Call" for Fox she married Edmund Lowe. Later Miss Tashman appeared in "Camille" with Norma Talmadge ; "The Prince of Headwaiters" with Lewis Stone, "A Texas Steer" with Will Rogers, "The Trial of Mary Dugan," "Bulldog Dxummond" and "Putting on the Ritz" and others. Her two latest efforts were "Wine, Women and Song," now current at the Mayfair, and "Frankie and Johnnie," recently completed at Biograph. A. J. Gurtenbach, managing director of the Doctors' Hospital, was re- quested by Edmund Lowe to issue the statement that Miss Tashman had been under constant medical supervi- sion during the filming of her lasl picture and that on the day after the completion of her work she was taken to the hospital where an emergency operation was performed. No arrangements have been made as vet for the funeral. Hollywood, March 21. — Lilyan Tashman's death came as a shock to Hollywood today. She was one of the best known members of the film colony and prominent in Hollywood social life. Services for Mrs. Doran Hollywood, March 21. — Funeral services were held today for Mrs. D. A. Doran, wife of the former story editor of Fox who is now associated with the Group Theatre in New York. Mrs. Doran died Saturday after a year's illness. (Continued from page 2) because energy is soon expended or diverted to new issues. On im- provement in picture quality, he maintains a re-education of the pub- lic is necessary before any headway may be noted. Continues this commentator : "There is no last word on this subject, delicate and controversial to the extreme. The problem of what constitutes art hasn't been solved by the philosophers as yet. The cinema is too young to have set ways in technique and pro- cedure. There only is the fervent hope that ultimately, the percent- age of worthwhile photoplays will cut into the percentage of 'pro- gram pictures.' " KAN N LaGuardia at ITOA Installation Dinner Mayor Fiorello LaGuardia last night pledged his support and coopera- tion to local theatre owners in elimi- nating certain hardshsips, at the I. T. O. A. Installation Dinner at the Astor. He said that he wanted to make theatres safe and that he would do all in his power to abolish the al- leged graft of fire inspectors. The Mayor requested that theatre owners give not so much as a "Cremo cigar" to any inspector checking a house, and that if any assistance is needed he would gladly give it, since he wanted his office to be continually open to theatre owners, especially if they desired him to act as a mediator in settling disputes. LaGuardia also said that he was going to recommend to the Legislature amendments to the present law which will permit children into theatres provided that certain sections are allocated to them after school hours and on holidays, and that certain pictures be put on for them that do not need censorship. The Mayor said that he didn't want to be a censor, but that he did want certain films eliminated during children hours. Milton C. Weisman was toastmaster and other speakers included Judge Franklin Taylor, Bronx Borough President John Lyons, Queens Bor- ough President George Q. Harvey, Aldermanic President Bernard S. Deutsch and Louis Nizer, who stressed the importance of the independent ex- hibitor in the local field. Coast -England Test Directed by Cukor Hollywood, March 21. — M-G-M executed a long distance screen test of Elizabeth Allan in England last week for a role in "David Copper- field." The script was cabled her and Cukor listened to the lines and di- rected retakes over a double tele- phone hook-up, completing a 6,000 mile connection. Somma a Candidate Richmond, March 21. — Charles A. Somma, well known in exhibitor cir- cles, is candidate for City Council. Lee Names Fischer Arthur Lee vesterday appointed Abe Fischer special sales representative -jC Gaumont British of America./ MOTION PICTURE DAILY Thursday, March 22, 1934 Line Up Busy Schedule for MPTOA Meet {Continued from page 1) and the social affairs and entertain- ment in the evenings. The convention banquet is planned for Thursday, April 12, at the Ambassador. Other functions will include lunch- eons at the studios, a barbecue and Wild West show and a studio party and dance. Many exhibitors are ex- pected to stay over to see more of the city and to make side trips to Catalina, San Diego, Agua Caliente, Tia Juana, Yosemite National Park, Grand Can- yon and San Francisco before they return home. While the social and entertainment features that are being planned far sur- pass anything heretofore attempted for an exhibitor convention M.P.T.O.A. says, the committees in charge have developed tentative plans for business sessions covering a wide range of sub- jects. The first day's sessions will be de- voted to organization affairs, featur- ing the annual reports of the officers and a discussion of improved methods in theatre management, construction and equipment. Exhibitors who are just beginning to feel the upturn after four years of depression are expected to be particularly interested in learn- ing about new ideas in theatre con- struction, remodeling, equipment and lighting from a disinterested expert in close touch with developments in this field. The second day's session will be devoted to a round table discussion between production executives and exhibitors on current and future pic- tures, production and marketing meth- ods. Here is where the manufacturer and the retailer are expected to come face to face, exchange views, opinions and experiences. The third day will be devoted prin- cipally to the code and how it can be used to improve trade practices. Final arrangements are being com- pleted by the committees as rapidly as possible. The M.P.T.O.A. asserts each feature of the convention is be- ing carefully planned in advance so that important business of the con vention can be thoroughly considered with a minimum of time being wasted "Every moment of those attending will be taken up with interesting features. New items are being added to the pro- gram constantly, insuring a diversified and worthwhile convention," declared the organization yesterday. Chicago Delegates To MPTOA Selected Chicago, March 21. — Appointment of members of the Exhibitors' Ass'n. of Chicago as delegates to the national convention of the M. P. T. O. A were announced by Jack Miller to- day as follows : Edwin Silverman, James Coston, Walter Immerman, W J. Mueller, Art Sass, Lester Retchin and himself. Roxy Due Tomorrow Roxy is scheduled to arrive in New York from London tomorrow. He is aboard the Manhattan. Tentative Program as Set for M.P.T.O.A. Convention Tentative program for the M.P.T.O.A. convention in Los Angeles next month, subject to changes as additional features are added, follows : Monday, April 9 10:00 A.M. Registration of members, delegates and guests. Registration and information office on mezzanine, the Ambassador Hotel. No con- vention sessions or affairs this date, to afford arriving exhibitors an opportunity to register, get acquainted and see the city. Im- portant that all exhibitors and guests register, receive the official convention badge, which identifies those attending the convention for admission to the studios on studio trips, admits bearer to local theatres, convention sessions, luncheons, parties and all conven- tion affairs. 4 :00 P. M. Annual meeting of the Board of Directors for the election of offi- cers and other business. This is an executive session for direc- tors and officers only. Tuesday, April 10 Forenoon 10 :00 A. M. Registration of members, delegates and guests. 10 .30 A. M. Convention called to order by B. W. Berinstein, chairman of convention committee and president of the Independent Theatre Owners of California. Opening address by Berinstein, who will introduce E. L. Kuykendall, who will preside, and then introduce the mayor or other city official who will give the address of welcome. Address of welcome to the city of Los Angeles by the mayor. Response on behalf of the M. P. T. O. A. by Walter J. Vincent treasurer of the M. P. T. O. A. Annual report of the President — E. L. Kuykendall. Annual report of the secretary — Fred S. Meyer. Report of the convention committee — B. N. Berinstein, chair- man. Announcement of standing committees for the convention, where and when they will meet during the convention. These will in- clude : Committees on: (1) Public Relations and Community Affairs: Chairman, Fred Wehrenberg, St. Louis (2) Resolutions: Chairman, Edward G. Levy, New Haven (3) Grievances : Chairman, Lewen Pizor, Philadelphia (4) N. R. A. Code— Trade Practices Chairman, Fred S. Meyer, Milwaukee (5) N. R. A. Code — Labor Provisions: Chairman, Jack Miller, Chicago (6) Legislation and Taxes : Chairman, M. A. Ljghtman, Memphis (7) Credentials and Rules: Chairman, M. E. Comerford, Scranton "Modern Theatre Construction" by George Shutz, Quigley Pub- lications. 12:30 P.M. Adjourn business session until 10:30 A. M. Wednesday. Luncheon. Afternoon 2 :00 P. M. Trips through the studios. Your convention badge identifies you for transportation and admission to the studios, at the time of the scheduled trip through each studio only. Our own char- tered busses will leave the Ambassador promptly as announced for the studios we are to visit today. Evening Whatever entertainment arranged for by committee on arrange- ments. Wednesday, April 11 Forenoon 10:30 A. M. Session called to order by President Kuykendall. "The Theatre's Liability to Its Patrons," by Edw-ard G. Levy, New Haven. "What's the Matter with Production, from the Point of View of an Exhibitor," by a prominent exhibitor of long experience in theatre management. "What's the Matter with_ Exhibition, from the Point of View of a Producer," by a representative production executive. "Why Pictures Are Improving," by a representative from a na- tionally organized group interested in motion pictures. (Continued on page 10) Feed-Bag Stuff Hollywood, March 21.— Where to eat when conven- tion time rolls 'round. Visit- ing M.P.T.O.A. delegates won't go wrong by following the following: Best Steak — Pacific Dining Car: Sixth and Widmer. Chicken — Ferncroft: Wilshire and Sweetzer. Fish — Bernstein's: Sixth and Broadway. Ritzy Food — Victor Hugo's : Sixth and Hill. Jewish Dishes — Katie Katz : Seventh near Spring. H ungaria n — Gypsy Camp : Wilshire near Westlake. Russian — Eagle: Vine near Hollywood. Italian — Marchetti's : Wilshire near Beverly Drive. All Round Good F oo d — Levy's: Vine near Holly- wood. Sardi's: Hollywood near Vine. Brown Derby: Vine near Hollywood. Educational Not Set On Production Plans Educational has made no decision regarding the scene of its production activities for next season, despite re- ports current on the coast that a 100 per cent shift to New York was in the wind. Andy Clyde, explained Earle W. Hammons yesterday, has three more to make for this season. The Educa- tional president, planning a vacation for the comedian, has sounded out the latter through E. H. Allen on a plan to make one at Eastern Service Studio. This, thinks Hammons, gave rise to the reports prevalent in Hol- lywood. "We are now making 50 per cent of our program in New York, but plans for next season are not set. We may make less here and more on the coast or it may be the reverse," said Hammons. Lyons Finishes First Hollywood, March 21. — Hal Lyons, Inc., has just completed the first of a series of 12 two-reel featurettes on lives of famous Americans. This one is on Theodore Roosevelt. Others to follow will be: Buffalo Bill, Sitting Bull, Benjamin Franklin, the Wright brothers, Mark Twain, Andrew Jack- son, Ulysses S. Grant, John Paul Jones, Andrew Carnegie and P. T. Barnum. Mrs. Roach for Council Hollywood, March 21. — Mrs. C. H. Roach, mother of Hal Roach, has thrown her hat into the Culver City political ring by declaring' herself a candidate for a place on the City Council. She declares that her plat- form will be for "the cleanest of clean administrations." Kuykendall in Today Ed Kuykendall, M.P.T.O.A. presi- dent and member of Code Authority, is due in New York this morning from Columbus, Miss., his home. His trip concerns additional plans for the convention and the meeting of Code Authority today. • See the studios in action . . . . • Get an eye-witness line on coming product • • Confer with the stars and producers who make the merchandise you sell • Learn new ways to increase business • Discuss the workings of the code and other vital industry problems . . . APRIL 10 • 11 • 12 • AT THE FOURTEENTH ANNUAL M.P.T.O.A. CONVENTION AMBASSADOR HOTEL • LOS ANGELES Lowest fares ever offered! Convention specials leave Chicago and New Orleans April 6. For full information and reservations write today to M.P.T.O.A. headquarters, 1600 Broadway, N.Y. C. id MOTION PICTURE DAILY Thursday, March 22, 1934 Tentative Program as Set for M.P.T.O.A. Convention (Continued from pane 8) "How Pictures Are Put Together," by a prominent production executive. "Self Regulation in Advertising Motion Pictures." Speaker not as yet designated. Open Forum on production, distribution and exhibition. 1:00 P.M. Adjourn until 10:30 Thursday. Luncheon. Afternoon 2 :30 P. M. Trips through the studios. Busses will leave on schedule. Evening Entertainment or studios parties as arranged by local committees. Thursday, April 12 Forenoon 10 :30 A. M. Session called to order by President Kuykendall. "What the Code Means to the Country Town Exhibitor," by a small town exhibitor. "What the Code Means to the Metropolitan Exhibitor," by a representative unaffiliated exhibitor from a large city. Open Forum on Code Matters Relating to Trade Practices — Ed Kuykendall presiding. Cut rate competition, zoning and clearance, premiums, overbuying, rejection privileges, double fea- tures, etc., will be discussed from the floor. Open Forum on Labor Matters — Jack Miller presiding. Two op- erators in the booth, minimum wage scales, maximum hours and conditions of employment, racketeering and intimidation by labor organizers, etc., will be discussed. Report of resolution committee. Report of resolutions committee. Installation of officers for the coming year. Business sessions adjourn sine die. Afternoon 2 :00 P. M. Final trips through the studios. Busses leave on schedule. Evening 7 :30 P. M. Convention banquet at the Ambassador. Distinguished speakers of national prominence. Unusual entertainment features. Motion picture stars and personalities as guests. Council Told 75% of Films Hit the Mark (Continued from page 1) "primitive, vulgar influences" on the nation's youth. Mrs. Belmont, perhaps sounding the keynote of a new reign of reason in council activities, was even moved to tender the industry her congraula- tions for turning out that 75 per cent of the product which "passes even our (the council's) scrutinizing eyes." "For those pictures we congratulate the industry," she said. "We appreci- ate the strides it is making in artistic progress, but it is that other 25 per cent that we are after." Mrs. Belmont assured those pres- ent that the council was not "out for censorship." "We do not believe," she said, "that censorship can bring any lasting improvement. We have the experiment of prohibition behind us to assure us that telling people what they can and cannot do is not the way to solve a social problem. Our objective will be the education of the individual to demand better things of the motion picture industry and to exercise self-control in giving patron- age to present-day films." Block Booking Unmentioned No mention was made of block booking by any of the luncheon speak- ers. Mrs. Belmont, however, broached a plan of cooperation between Holly- wood producers and producers of purely educational pictures, which, she said, are not successful now "because their producers lack much of the technique developed by Hollywood." With Hollywood's cooperation, she suggested, educational films could be presented in theatrical form, accept- able for child patronage but not to be shown in a theatre. School halls or civic auditoriums would be better, Mrs. Belmont believes. She estimated that more than 28,- 000,000 juniors, of whom about 11,- 000,000 are under 14 years of age, attend film theatres weekly. She de- clared that parents cannot investigate every picture made in order to guide their children's attendance at theatres, and as the film industry "has assured us many times that it is not a philan- thropy and that its only guide is the box-office," the council's duty is to meet the situation thus created. It proposes to do this, she said, both by education of the individual and by for- mation of advisory committees on pro- duction, "to consist of people who are really trained in the arts connected with the movies," in order to obtain better film fare for children. Appeal for Funds A plea for contributions of from $1 to $1,000 to make up a $200,000 fund for the council's activities was made by Herbert S. Houston, former publisher of World's Work. Pamphlets advertising the sale of Payne Fund studies on film subjects, which have been published in book form, were in evidence on all sides. At the speakers' table, in addition to Mrs. Belmont and Houston, were Mrs. James Roosevelt, mother of the Pres- ident ; Rev. William P. Short, business manager of the council ; Dr. Fred M. ' Trasher, of N. Y. U.; Dr. Cline M. Koon, of the division of radio and motion pictures, U. S Dept. of Educa- tion : Angelo Patri. educator : Dr. Frederick Peterson, neurologist : Mrs. F. Trubee Davison ; Mrs. Daniel Gug- srenheim : Mrs. Nicholas F. Brady ; Mrs. William Barclav Parsons and Tohn H. Finley, editor of the N. Y. Times. "The M. P. Research Council _ is neither for nor against the motion oicture industry." Finley said in a brief address. "It is independent and its interests are those of the public and the world." "Harum" Sweetens B.O. Cincinnati. March 21. — "David Harum" did an outstanding box-office job at the RKO Palace when it piled up an estimated gross of $13,200. This tops some of the vaudefilm weeks be- fore the house switched policies re- cently. The picture moves to the RKO Capitol for the second stanza, where present indications point to a take of around $7,000. Local angle is being plaved up in the advertising on ac- count of Evelyn Venable. a native daughter. St. Louis. March 21. — In the first three davs of "David Harum" at the Fox, F. & M. took in over $10,000 and expect to hold the picture for 16 days, the length of the run on "It Happened One Night." Spokane "Nana" Ban Stirs Hamrick* s Ire Seattle, March 21 — John Hamrick, owner of the Music Box here, has taken up the fight for "Nana," in its run-in with the Spokane censor board, which has barred the film on the ground it contains too much sex, the exhibitor reveals in a telegram to E. W. Jorgenson, editor of the Spokane Press. "I believe." declares Hamrick. "the public want 'Nana' and no censor board should deprive them of the priv- ilege of seeing the picture." Banning of "Nana" in Spokane will be contested in city courts there by Washington representatives of the dis- tributor. James Mulvey. sales represen- tative for Samuel Goldwyn. said yes- terday. No action on the ban will be taken by the New York office, he said. Pick Fazenda's First Hollywood. March 21. — Louise Fa- zenda's first assignment under her new M-G-M contract will be "Comin' Round the Mountain." in which she will be co-starred with May Robson. "Comin' Round the Mountain" was previously slated for Marie Dressier and Polly Moran and then for Miss Dressier and May Robson. but the present uncertain health of Miss Dressier necessitated the switch. Chicago Tips Good $18,00 To "Palooka" Chicago, March 21. — Probably the best indication of straight picture- drawing power was registered at the United Artists last week when "Palooka" tipped the gross at that house to $18,000. Held over for a second week, business on "Palooka" is building up rather than suffering the usual decline. Two other spots came through with heavy takes. B. & PC's Chicago with "The Cat and Fiddle" on the screen and Ramon Novarro in person on the stage hung up $41,000. "David Harum" was strong at McVickers at $14,000. The RKO Palace skidded with "Success At Any Price" on the screen and Edmund Lowe on the stage. The week's take was down to $17,000. The previous week's figure was $27,000. First run business totalled $129,500. Average is $137,000. Estimated takings : Week Ending March 13: "PALOOKA" (U. A) UNITED ARTISTS — (1,700), 30c-40c-60c, 7 days. Gross: $18,000. (Average, $17,000) Week Ending March 15: "THE CAT AND THE FIDDLE" (M-G-M) CHICAGO— (4.000), 35c-50c-68c. 7 days Stage: Ramon Novarro & Co. Gross: $41,- 000. (Average, $34,600) "BLOOD MONEY" (U. A) ORIENTAL— (3,940), 25c-40c, 7 days Stage: Zelda Santley, Joe Parsons. Wefal & Stanton Revue. Frank Conville. Baves & Speck, Ted Cook band. Gross: $18,000. ( Av- erage, $23,000) "SUCCESS AT ANY PRICE" (Radio) PALACE— (2,509), 35c-50c-75c, 7 days. Stage: Edmund Lowe, Mildred Bailey. Cookie Bowers, Barto & Mann. Gross: $17,000. (Average. $22,000) "THE SONG YOU GAVE ME" (Col.) STATE-LAKE— (2,776). 20c-23c-35c. 7 days. Stage: Watson Sisters, Four O'Con- nors. Radio Haymakers and others. Gross: $14,000. (Average, $17,000) Week Ending March 16: "DAVID HARUM" (Fox) McYICKERS— (2.284), 30c-40c-60c. 7 day?. Gross: $14,000. (Average, $13,000) "MASSACRE" (F. N.) ROOSEVELT— (1.591), 25c-35c-50c. 7 days/ Gross: S7.50O. (Average. $11,000) "Carolina" at Top Of Herald's Champs "Carolina" heads the February list of Motion Picture Herald's box-office champions. Other leaders for th( month were "Queen Christina." "Mou lin Rouge." "It Happened One Xight.' "The Cat and the Fiddle" and "Fash- ions of 1934." Gluck Ad Sales Mgr. Morris Gluck, formerly handlin; non-theatrical accounts at the Xev York Paramount exchange, has bee placed in charge of the ad sales de partment. Morris Volk, who has beer in the booking department of the sam exchange, takes over Gluck's forme duties. U. A. to Build in Londoi London, March 21. — The Londo Pavilion, this city's famous music hal will be demolished in April and on il site will be built a huge theatre b United Artists. hursday, March 22, 1934 MOTION PICTURE DAILY 'Holiday" and Show Get Big Gross in L. A. Los Angeles, March 21.— It took combination of "Death Takes a loliday" on the screen and a stage how by F. & M. to stir up big busi- er here last week. The Paramount ike leaped to $21,875, topping par by 3.875. The only other two spots to do bove-normal business were Grau- lan's Chinese with "Queen Christina" i its fifth week and the RKO with It Happened One Night," which went a $8,700. Total first run business was $81,646. average is $99,950. Estimated takings for the week end- ig March 14: "QUEEN CHRISTINA'* (M-G-M) CHINESE— (2,500), 50c-$1.10, 5th week, 7 i vs. Sid Grauman prologue. Gross: $14,- «j. (Average, $14,000) LOVE IN MOROCCO" (Gaumont-British) FILMARTE— (800). 40c-50c, 2nd week, 7 ,vS. Gross: $1,500. (Average, $2,650) "DEVIL TIGER" (Fox) 4 STAR — (900), 35c-55c, 3rd week, 4 days, ross: $1,071. (Average, $4,500) rHE MYSTERY OF MR. X" (M-G-M) LOEWS STATE— (2,4131, 25c-40c, 7 days, ross: $8,200. (Average, $14,000) DEATH TAKES A HOLIDAY" (Para) PARAMOUNT— (3,595), 25c-40c. 7 days, age: Jerome Mann, Al Verdi & Thelma. -tit & Douglas and the Sunkist Beauties, ross: $21,875. (Average, $18,000) "IT HAPPENED ONE NIGHT" (Col.) RKO— (2,700), 25c-40c, 2nd week. 7 days, ross: $8,700. (Average, $8,000) "NANA" (U. A.) UNITED ARTISTS-(2.100). 25c-40c. 2nd -ek, 7 davs. Gross: $7,500. (Average. $12,- E» "DARK HAZARD" (F. N.) WARNER BROS. (Hollywood)— (3.000). c -40c. 7 davs. Gross: $9,000. (Average, M.000) "DARK HAZARD" (F. N.) WARNER BROS. (Downtown)— (3.400). c-40c. 7 davs. Gross: $9,000. (Average. 12.1)00) Cleveland Grosses Fall Into a Slump Cleveland, March 21. — Business lipped here last week, with only one )use, the Allen, doing anything orth talking about. The screen fare as "The Avenger" and the stage id the "Bottoms Up" revue. "Success at Any Price" with five Ms of vaudeville at the RKO Palace 11 $3,000 below normal, getting only . 5,000. "Journal of a Crime" took . on the chin with a sad $2,900 at arner's Hippodrome. Total business was $38,000. Aver- , e is $44,500. Estimated takings for the week end- j March 16: "THE AVENGER" (Monogram) \LLEN— (3,300), 25c-35c. 7 days. Stage: ! ottoms Up." Gross: $6,000. (Average, X») JOURNAL OF A CRIME" (Warners) t VARNERS' HIPPODROME— (3.800), 30c- -44c, 6 days. Gross: $2,900. (Average for [I lays, $5,000) "FRONTIER MARSHAL" (Fox) "WOMAN'S MAN" (Monogram) VARNERS' LAKE— (800). 30c-40c. 7 days, sss: $2,500. Average. $2,500) SUCCESS AT ANY PRICE" (Radio) tKO PALACE — (3,lfl0), 30c -40c -60c -75c. 7 I s. Stage: Five acts vaudeville headed by |. rk and McCullough. also Mae Questel. 1 jss: $15,000. (Average. $18,000) "BOLERO" (Para.) OEW'S STATE— (3.400), 30c-35c-44c, 7 t s. Gross: $7,500. (Average. $10,000) "SHE MADE HER BED" (Para.) 2ROSS COUNTRY CRUISE" (Univ.) ' OEW'S STILLMAN— (1.900), 25c-35c, 7 ' s. Gross: $4,100. (Average, $4,000) Raising the Ante Wilmington, March 21. — Representative George P. El- liott of this city is having an amendment prepared to the Hopkins bill creating a cen- sor board. The Hopkins meas- sure makes it unlawful to show films with actors or actresses who have been div- orced. It has been favorably reported in the House. The amendment would change the provision to read "who have been twice div- orced." "Harum" Gets Denver Lead With $8,000 Denver, March 21. — "David Ha- rum" topped the town's film attrac- tions last week by running up to $8,000 at the Denver. This was over par by $1,000. "The Cat and the Fiddle" reached a par $10,000 at the Orpheum, with a stage show to help out. Business elsewhere was off. Total first run business was $27,250. Average is $27,500. Estimated takings for the week end- ing March 15 : "LONG LOST FATHER" (Radio) ALADDIN— (1,500), 25c-40c, 6 davs. Gross: $2,750. (Average, $3,000) "NO MORE WOMEN" (Para.) DENHAM— (1.500), 25c-40c. 7 davs. Gross: $3,500. (Average. $5,000) "DAVID HARUM" (Fox) DENVER— (2.500), 25c-35c-50c, 7 davs. Gross: $8,000. (Average, $7,000) "THE CAT AND THE FIDDLE" (M-G-M) ORPHEUM— (2,600). 25c-35c-50c, 7 davs. Stage show. Gross: $10,000. (Average, $10,- 000) "MASSACRE" (F. N.) PARAMOUNT — (2.000), 25c-40c, 4 days to complete week. Gross: $1,350. "YOU CAN'T BUY EVERYTHING" (M-G-M) PARAMOUNT— (2,000), 25c-40c, 3 days and pulled. Gross: $650. (Average for week, $2,500) Columbia Will Test New Sound Recorder Hollywood, March 21. — According to official report" from Columbia, the studio will use for the first time an attachment for sound recording de- vices, calculated to overcome the most serious faults of present systems. The device is described by Colum- bia technicians as an electrical time- delay circuit, tuned to throw record- ing strings out of phase with each other whenever the recorded frequency approaches the inherent resonant char- acteristic of tightly stretched wire strings. This prevents clashing of the strings, or "blasting," when cer- tain frequencies are approached. Use of the apparatus will be inau- gurated in the Grace Moore film, "One Night of Love." Named Interstate Booker Dallas. March 21. — Besa Short, recently publicity director for the Ma- jestic, Interstate Circuit, has been made short subject booker for Inter- state. She is the wife of Paul Short, Majestic manager. "Harum" Tops Twin Cities; Gets $13,500 Minneapolis, March 21. — "David Harum" ran away with box-office honors on both sides of the river. It took $7,500 at the Minnesota here and $6,000 at the Paramount in St. Paul. Olsen and Johnson and "Dark Hazard" boosted the RKO Orpheum take to $6,500 here, and both "Falooka" and "Emperor Jones" were good draws. Total first run grosses in Minne- apolis were $24,000. Average is $22,000. In St. Paul the five first runs totalled $17,600. Average is $16,000. Estimated takings : Minneapolis : Week Ending March 15: "SEARCH FOR BEAUTY" (Para.) LYRIC— (1,238), 20c-25c. 7 days. Gross: $1,500. (Average. $1,500.) "DAVID HARUM" (Fox) MINNESOTA— (4,000), 25c-40c, 7 days. Gross: $7,500. (Average. $7,500.) Week Ending March 16: "DARK HAZARD" (F. N.) RKO-ORPHEUM— (2.900). 20c-40c, 7 days. Olsen and Johnson, in person. Gross: $6,500. (Average. $5,500.) "PALOOKA" (U. A.) STATE— (2.300). 25c-40c. 7 days. Ted Lewis in person. Gross: $6,000. (Average, $5,500.) "EMPEROR JONES" (U. A.) WORLD — (400). 25c-75c, 7 days. 2nd week. Gross: $2,500. (Average, $2,000.) St. Paul: "DAVID HARUM" (Fox) PARAMOUNT— (2,300). 25c-40c, 7 days. Gross: $6,000. (Average, $5,500.) ''MOULIN ROUGE" (U. A.) RIVIERA— (1.200), 25c-40c, 7 days. Gross: $4,000. (Average. $3,500.) "MANDALAY" (F. N.) RKO-ORPHEUM— (2.600), 20c-40c. 7 days. Gross: $4,000. (Average, $4,000.) "SEARCH FOR BEAUTY" (Para.) TOWER — (1,000). 15c-25c. 4 days. Gross: $900. (Average, $800.) "HEAT LIGHTNING" (Warners) TOWER— (1,000), 15c-25c, 3 days. Gross: $700. (Average, $700.) "COMRADES OF 1918" (German)** WORLD— (300), 25c-75c, 7 days. Gross: $2,000. (Average, $1,500.) **Presented under the auspices of the Women's International League for Peace and Freedom. Order Mansfield Sale Mansfield, March 21. — A court order has been issued authorizing sale of the Madison Theatre, operated by Warners under a 21-year lease, for $40,000, to satisfy a $48,000 note held by the Guardian Trust Co. of Cleve- land. This order relieves the liquida- tors of the bank from the responsibil- ity of running the theatre for the next 21 years. "Christina," $7,500 Hit, Seattle Top Seattle, March 21. — "Queen Christina" at the Fifth Avenue and the second week of "It Happened One Night" at the Liberty were the top- notch attractions here last week. The former took about $500 over the aver- age $7,000, and the latter was good for a gross of about $5,500, against an average first week of $4,000. "Moulin Rouge" at the Music Box hit about $500 over par, and went into a second week. "It Happened One Night" continued into a third week. Total first run business was $30,- 750. Average is $31,500. Estimated takings for the week end- ing March 9: "MAN OF TWO WORLDS" (Radio) BLUE MOUSE— (950), 25c-35c-50c, 7 dyas. Gross: $3,250. (Average, $4,000.) "QUEEN CHRISTINA" (M-G-M) FIFTH AVENUE— (2,450), 25c-40c-55c, 7 days. Gross: $7,500. (Average, $7,000.) "IT HAPPENED ONE NIGHT" (Col.) LIBERTY— (1,800), 15c-25c-35c, 7 days, 2nd week. Gross: $5,500. (Average, 1st week. $4,000.) "MOULIN ROUGE" (U. A.) MUSIC BOX— (950), 25c-35c-50c, 7 days. Gross: $4,500. (Average, $4,000.) "LONG LOST FATHER" (Radio) "DEVIL'S PLAYGROUND" (S. R.) ORPHEUM— (2,500), 25c-35c-50c, 7 days. Stage: Wen Niles and Radio Revue. Gross: $5,000. (Average. $6,000.) "NO MORE WOMEN" (Para.) PARAMOUNT— (3.050), 20c-30c, 7 days. Vaudeville headed by Novelle Bros. Jules Buffano and Band. Gross: $5,000. (Aver- age, $6,000.) More Variety Clubs On Way, Says Harris Hollywood, March 21. — John Har- ris, national president of the Variety Clubs, who is here from Pittsburgh on vacation, states that applications for clubs are in his hands from Al- bany and Indianapolis. Already func- tioning in his home town, Columbus, Cincinnati, Cleveland, Detroit, St. Louis and Kansas City with Buffalo getting set and Washington in the of- fing, the chain of "good fellowship" clubs is rapidly reaching into all sec- tions of the East. Albany will be the ninth unit, Indianapolis the tenth, and Washington the eleventh. Fulton Gets "Scandals" Pittsburgh, March 21. — Fox has released George White's "Scandals" to the Fulton for Easter Week, open- ing March 29, due to the inability of the Harris Amusement Co to get the remodeled Alvin open as per schedule. "Forgotten Men," the war pic- ture, takes its place with "Three Little Pigs" and the first Mae West film as a comeback draw. Returning to the Criterion, after a bang-up engagement months ago at the Rialto, the Cummings release clicked in big-time fash- ion. Its handlers did some smart work in tying in with the Hearst papers featuring war horror pictures. Warner headquarters men a (From Showman's Round Table Feb. 24th) 1 4th Week ON BROADWAY AT CRITERION THEATRE Now 7th Week in Phila. "Forgotten Men" NOW IN CLASS WITH "3 LITTLE PIGS" AND "MAE WEST" JEWEL PRODUCTIONS, INC. 723 Seventh Ave., New York City She couldn't mal^e up her mind about men! UNCEI i ■ iM with EDWARD EVERETT HORTON GENEVIEVE TOBIN Renee Gadd, Paul Cavanagh, Mary Nash, George Meeker, Dorothy Peterson and many others. Produced hy Carl Laemmle, Jr., from a play by Harry Segall. Directed hy Karl Freund. Presented by Carl Laemmle. / ^> 14 MOTION PICTURE DAILY Thursday, March 22, 1934 VjiiotpieukL \\ Penner, "Six Of Kind" Wow In Pittsburgh Pittsburgh, March 21. — The big- gest thing to hit town in years was Toe Penner at the Penn last week, where the famous radio comedian, with "Six of a Kind" on the screen, rolled up $38,000. He broke the all- time attendance record by playing to nearly 100,000 customers and would have broken the money mark, $41,000, had it not been for the government tax, which was not in effect when "Caught Short" rolled up that figure. Overflow crowds from the Penn helped business all over the downtown sector. It enabled the Stanley to do $8,000 on the second week of "Wonder Bar." The Pitt, with the Pat Rooney unit and "Sleepers East," took slightly better than an even break at $6,700. Also close to sensational was "Cath- erine the Great" at the Fulton, where the British hit gathered a great $7,500. The Warner, reducing its scale from 50 to 40 cents, picked up with "Jimmy the Gent," and at $5,500 had its best week in months. Total grosses in six first run houses were $67,800. Average is $48,000. Estimated takings for the week end- ing March 17 : "LONG LOST FATHER" (Radio) "MEANEST GAL IN TOWN" (Radio) DAVIS— (1700), 25c-35c, 6 days. Gross: $2,100. (Average. $2,500) _.,,,„, . "CATHERINE THE GREAT' (U. A. FULTON— (1,750), 15c-40c, 6 days. Gross: $7,500. (Average. $4,000) "SIX OF A KIND" (Para.) PENN— (3,300). 25c-75c, 6 days. Stage: Joe Penner, Jack Sidney, Birdie Dean, Three Stewart Sisters, Wilbur Hall, An- nette Ames and Hal Menken. Gross: $38,- 000. (Average. $21,000) "SLEEPERS EAST" (Fox) PITT— (1,600). 15c-40c. 6 days. Stage: Pat Rooneys, father and son, Janet Reade. Roy Cummings. Florence Roberts, Marita and Diaz. Gross: $6,700. (Average, $6,500) "WONDER BAR" (Warners) STANLEY— (3,600). 25c-50c, 6 days. 2nd week. Gross: $8,000. (Average, $9,000) "JIMMY THE GENT" (Warners) WARNER— (2,000). 25c-40c, 6 days. Gross: $5,500. (Average. $5,000) Claim New Type Short What is claimed to be an entirely new technique in presenting opera on the screen will be released by Educa- tional under the title "Pagliacci." It is a condensation of the opera with Henry Hull playing Canio, the clown, and was produced and directed by William C. de Mille for Audio Pro- ductions. Hull does the role in pan- tomime while an operatic voice sings the role. Sol Wurtzel Arrives Sol Wurtzel, Fox producer, arrived in town yesterdav in search of story material. He will return to the coast March 30, accompanied by Hamilton MacFadden, director. Hicks on Way John W. Hicks, Paramount foreign department head, arrives from Europe Tuesday on the Olympic. Miss Harvey Signs Anew Hollywood, March 21. — Lillian Harvey has signed a new Fox con- tract calling for two pictures a year for two years. Looking 'Em Over "Gun Justice" (Universal) Ken Maynard comes through again with a bang in a western that sets a lightning pace from the moment the cowboy star makes his appear- ance. In "Gun Justice" he gives Tarzan as brisk a workout as the animal ever has had. The film weaves into its central tale of feud on the range one of those wholesome little romances, with Cecelia Parker on the receiving end. When Ken's uncle is murdered, a rival ranchman tries to appropriate the old man's lands by getting the brother of a henchman to pose as Maynard, who is the inheritor jointly with Miss Parker, adopted child of the deceased, but who has been away since a child and cannot be located. One day Maynard pops up and decides to fight the uncle's enemies tooth and nail. In the end he is in possession of the ranch (his half of it, that is) and of Miss Parker, and the villains, those who have not been shot into the beyond, are in the jug. The acting is all right and the photography worth considerable plaudits. Alan James directed. "Bottoms Up," this morning's opener at the Radio City Music Hall, was reviewed by zvire from Hollywood on March 2. "Comt On, Marines," tomorrow's opener at the Paramount , was reviewed by ivire from Hollyzvood on March 2. MOTION PICTURE DAILY* HOLLYWOOD PREVIEW "Riptide" (M-G-M) Hollywood, March 21. — With the ineffable charm of Norma Shearer, the magnetism of Herbert Marshall and the romance of Robert Mont- gomery, showmen are proffered personality appeals in "Riptide" for matinee, supper show, or top hat crowds. Glamorous and seductive, Miss Shearer's luminous talents are given wide and varied span in portraying Mary, American girl with a past, in whom emotional cross currents lash and tear. Briefly, "Riptide" pictures a romantic triangle with Miss Shearer, the wife; Marshall, English lord, the husband, and Montgomery, Ameri- can playboy. Being a domestic drama of the sophisticated set, "Riptide." in essence, traces the corroding influence of jealousy in the life of a happily married couple. It is climaxed when an innocent affair hits the lurid front pages because of an accident to Montgomery. From the showmanship angle, the plot reaches for feminine patrons cf all ages. Revolving around London's Mayfair and the Riviera, the production is richly endowed with qualities of beauty. Aside from story and production values, the box-office assets focus on the personalities. Miss Shearer reveals gorgeous clothes and vividly creates for feminine tears the inner tumult of the wifely target of dis- trust. Marshall, sterling actor, gives a sincere, well shaded performance. Montgomery makes the playboy likable and understandable. The pic- ture was produced by Irving Thalberg. Edmund Goulding's story and direction are distinctive Shearer material. "You're Telling Me" (Paramount) Hollywood, March 21. — W. C. Fields, a superb comedian, gets a real chance to strut his stuff in this, and takes full advantage by deliver- ing all kinds, sizes and shapes of laughs. As a nut inventor. Topper, in demonstration of his puncture proof tire he deflates the balloons on the wrong car, and, humiliated, leaves town, attempts suicide, meets Princess Lescarboura, who later okays him with the home town high-hats, maneuvers the engagement of his daugh- ter, helps him get a million for his invention and exalts him to the post of driving the first ball at the opening golf course. It's grand idiocy. Highlight laughs are Fields demonstrating his nose lifter-upper, his nursing bottle for twins, his squaring things with wifey by bringing home an ostrich and his lunacy at the golf tee. Fields' first starring vehicle is a comedy cream puff with Joan Marsh and Buster Crabbe fitting nicely for romance, Tammany Young is immense as a dead pan caddy and Adrienne Ames, the princess, beautiful, with others in the cast competent. Erie Kenton's direction evidences a fine comedy touch. It's impossible to top what's al- ready been said about this great hit! We can only say that it's still smashing records everywhere! CLARK GABLE and CLAUD- ETTE COLBERT in Frank Capra's "It Happened One Night." ) Marching with thundering strides j 1 to its place beside the great achieve- ments of, the screen! Frank I ] Borzage's finest picture, "NO i • GREATER GLORY," based on * I Ferenc Molnar's world famous J 1 novel! It will thrill the whole world with its emotional power! J Lavish sets, great cast, intriguing title, grand story! A powerfully JM* human drama of all womankind! f\ 1 ELISSA LANDI in "Sisters Under I | The Skin," with Frank Morgan ] I | and Joseph Schildkraut. Directed * I by David Burton. \! / The Leading Di fews|§j£er| Picture Industry MOTION PICTURE DAILY Alert, Intelligent and Faithful Service to the Industry in All Branches OL. 35. NO. 68 NEW YORK, FRIDAY, MARCH 23, 1934 TEN CENTS shifts Await Code Boards In Five Cities immittee Meets Today To Complete Changes 'ersonnel setups of boards in five es were returned to the committee on •ctions yesterday following a meet- of Code Authority of the M. P. iustry. The committee will meet in today in an effort to complete rearrange the New York, Phila- jhia, Minneapolis, Boston and ■Hand boards. u" the five cities New York remains most difficult to evolve. With is already submitted for three sep- (Continued on page 6) ide for Burlesque Houses Is Approved Vashington, March 22.— Approval the code for the burlesque theatre ustry was announced today by Ad- listrator Hugh S. Johnson. It be- jes effective April 2. Vage provisions of the code, John- said, will provide for substantial "eases to employes, but the in- •ase in employment is impossible estimate, because the demand for lesque varies greatly with shifting ■lie taste. idies Here Given Warning on Eagles several independent circuits were -ned by Nathan Straus, Jr., NRA lpliance director here, that they j be deprived of their Blue Eagles hey continue to violate maximum 'king hour provisions of the code. (Continued on page 6) 'D. A! Upholds (CA.' Decision of Code Author- ity that no assents properly executed can be withdrawn has been upheld by Division Administrator Sol A. Rosen- blatt. The authority ruled there Iwas "no provision in the code granting permission to any interests which have properly executed the form of assent to withdraw same upon re- quest." From 20 to 30 Allied of Northwest exhibitors request- ed withdrawals. Warners and Reade Reported After Fox Metropolitan Chain Warners and Walter Reade are understood to have filed bids to take over the remnants of Fox Metropolitan Playhouses, Inc., now in the hands of Simon Fabian, as receiver, and George Skouras, as operator. There are about 79 houses in the circuit, principally in New York and Long Island. Fabian is on record with a denial of the Reade angle. Joseph Bernhard, general manager of Warner Theatres, could not be reached for a statement last night. Stock Values Show Drop of $17,000,000 Book values of leading film stocks decreased approximately $17,000,000 in 1933 as compared with 1932, while deficits in net earnings decreased $1,- 400,000, a report on corporation earn- ings just issued by the National City Bank discloses. The report covers only those companies which have pub- lished annual statements of earnings for 1933 up to March 1. Amusement companies covered by (Continued on page 6) Nizer Puts Annual Pacts at a Million There are 1,000,000 contracts signed every year by distributors, Louis Nizer, executive secretary of the New York Film Board of Trade, told in- dependent exhibitors the other night. Pointing out the annual number of film shipments from exchanges, Nizer stated there were 10,000,000 deliveries. Stressing the importance of the un- affiliated exhibitor in the local field as (Continued on page 11) Governor Will Make Round Table Award Detroit, March 22.— G o v e r n o r William E. Comstock will present the M. P. Herald Managers' Round Table award for February to Howard Sweet, manager of the State, East Lansing, at next Monday's luncheon of the Variety Club at the Book Cadillac. February Admission Taxes Show a Drop Washington, March 22. — Admis- sion tax collections during February totalled $996,861, compared with $1,- 089,767 in the same month last year, according fo figures made public to- night by the Internal Revenue Bu- reau. Revive Plan To Cut Down K. C. Houses Kansas City, March 22. — On the premise that serious overseating has brought Kansas City theatres to the present state of cut-throat competi- tion, exhibitors are reviving a plan to take over suburban houses now dark or operating at a loss and dismantle or convert them to other uses. Chief advocate of the project is W. H. Fulton, operator of three neighbor- hood theatres. He intends to present (Continued on page 6) Sign Men's Demands Facing Opposition Greater New York circuits are in a tussle with Local Sign Writers' Union No. 230, which is demanding an increase from $13.20 to $14.70 and a decrease in working hours from eight to seven hours in each da^ of the four-day week under which its members function. The current con- tract to which circuits like RKO, Loew's and others are parties expires the end of this month. The circuits have turned down the proposals and are reported making arrangements to keep their lobbies going as usual in the event a strike is called. Moss Promises Full Enforcement of Law Declaring he will not shirk his duties as license commissioner because of his former affiliations in the busi- ness, Paul Moss states he will per- form the duties of his office in ac- cordance with the laws and does not intend to tolerate violations. He says he is still a friend of the industry and if exhibitors will cooperate with him he will coordinate the activities of his office with them. Moss states he does not want to work hardships on theatre men, but "every theatre must be made safe." (Continued on page 11) KAO in Shift; Gives Circuit More Entity Drop Proctor Houses — A Meehan Move Keith-Albee-Orpheum Corp., a Radio-Keith-Orpheum subsidiary in which M. J. Meehan, stock broker, is reputed to hold the majority interest, tomorrow shifts its theatre divisions in a plan which provides its divisional managers are to confine themselves to KAO houses only, thereby giving the circuit a greater entity and more of an individualized operation than has prevailed to date. _ The arrangement means RKO divi- sional managers who have been han- dling a mixture of KAO-controlled houses, as well as Proctor houses, will drop the latter, which remain part (Continued on page 7) Detroit Scale Jump Has ISO Signatures Detroit, March 22.— Signatures for the Allied plan to raise prices in this territory now total 130. Thirty put raises into effect last Monday without waiting for the general adoption of the plan, and during the week 25 more houses in Michigan Avenue and in the Hamtramck district raised their scales in accordance with the plan. Another meeting is to be held to- morrow, and it is expected that the remaining eight theatres will fall in line. New Compact Made For So. Enterprises A new reorganization agreement for Southern Enterprises of Texas, which is operated by Karl Hoblit- (Continued on page 11) No Longer Apply Chicago, March 22.— "The conditions David J. Chatkin cites no longer exist as far as Balaban & Katz are con- cerned," declared John Bala- ban today. This was his only comment on the article published in Motion Picture Daily on Tuesday in which Chatkin, former operating head of the Publix circuit under Sam Katz, pilloried circuit opera- tion by remote control from New York. MOTION PICTURE DAI LY Friday, March 23, 19; MOTION PICTURE DAILY (Registered U. S. Patent Office) Vol. 35 March 23, 1934 No. 68 Martin Quigley Editor-in-Chief and Publisher MAURICE KANN mr 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 Quigleyj President; Colvin Brown, Vice-President and Treasurer. Publication Office: 1790 Broadway, New York. Telephone CIcle 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. Clifford, manager: London Bureau: 6 Brookland Close, Hampstead Garden Suburb, Bernard Charman, Representative; 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: 11 Olaaz Fasor 17, Endre Hevesi, Representative. 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. Named to Directorate Herbert J. Yates, Sr., president, and R. I. Poucher, W. W. Vincent, A. D. Farwell and W. P. Stevens were elected to the directorate of Consolidated Film Industries for three years at the annual stockholders' meet- ing yesterday. Yates' report for the past year was approved and the opin- ion was voiced that prospects for the coming year looked favorable. Home Returns Monday Hal Home, director of advertising and publicity for United Artists, who has been recuperating from an illness in Miami, is scheduled to return to the home office on Monday. MOTION PICTURE ALMANAC 1934-35 NOW /A/ MIMAA r/O/V WHERE THE WORLD LOOKS FOR MOTION PICTURE MUCi »5- facb Insiders' Outlook T^HE most innocent of stories ■*• may have a real yarn behind them these days. You can't tell. Take that KAO realignment which breezed out of the RKO office late? yesterday afternoon. When J. R. McDonough has it explained for him that the pur- pose is unification of corporate entities in the major company, it all sounds pretty good and rea- sonable enough. But McDonough didn't get into the Mike Meehan hold in KAO and that's where to look for interesting develop- ments, perhaps and maybe. The KAO string, backbone of the RKO circuit, is an extremely valuable property. Its earnings have averaged $60,000 each week in the year — depression years and better kinds — for so long RKO-ites are shocked when the profit dips lower. What's wrong with RKO theatres certainly cannot be traced to KAO. The trouble has been in the South- west, the Middle West and other territories. . . . T Interesting enough on the sur- face as well is the Warner bid for what's left of Fox Metro- politan. The approximate 79 houses proceeding under court control, although George Skouras operates, would constitute a siz- able gulp for any major to swal- low. But while you're reading, reflect for a moment on the bal- ance of power in this, the richest territory in the country, and how the scales gently rocking now between RKO and Loew's may he tipped toward the brothers if the Warners close that deal. Joe Bernhard couldn't be tapped for a statement last night. It doesn't matter. He would have denied it as he probably will to- day. ... T Scramble note : Jimmy Grain- ger, ex-general sales manager of Fox and now general sales man- ager of Universal, lunching with Lou Metzger, ex-general sales manager of Universal and Col- umbia, at the Plaza grill yester- day with John Clark, ex- divisional manager of Paramount and now general sales manager of Fox, sitting in for a few min- utes. Case of distributors selling ex-distributor, for Metzger now operates the first-run Spreckles in San Diego. . . . Cagney- War- ner trouble seems to be in the air again. . . . T All quiet on the Hepburn- Radio front, by the way. Morn- ing Glory's salary is $1,500 per week. She thinks she deserves much, much more. Especially is this true after "Little Women." Radio has offered a flat $50,000 to make another picture, extra- contract. Miss Hepburn's answer was a quick exit from the coun- try for Europe. . . . Clarence Darrow, eminent lawyer, whose retainers have been large and handsome, gets $25 a day as head of the National Recovery Board of Review. . . . ▼ The newsreel situation is very interesting and will get more so as the days get warmer, if they ever do. . . . Some of the talent contracts recently signed by Para- mount would indicate star salaries are rising, not falling. . . . "What's a Hollywood scribe ?" was the question. "A Hollywood scribe is a writer who takes a germ of an idea and turns it into a disease," was the reply. . . . KANN Warners Change Title Hollywood, March 22. — Warners' "Rhythm in the Air" has been changed to "Twenty Million Sweethearts." M-G-M Rises 1 on Big Board High Low Close Columbia Pictures, vtc...; 26J^ 26J4 TffA Consolidated Film Industries 4 4 4 Consolidated Film Industries, pfd 15J4 1554 15^4 Eastman Kodak 8854 8754 8854 Fox Film "A" 1554 IS 15J4 Loew's, Inc 3254 30J4 32 M-G-M, pfd 24 24 24 Paramount, cts 55-6 454 5 Pathe Exchange 354 354 3J4 Pathe Exchange "A" ./ 1954 18^4 1954 RKO 354 354 PA Warner Bros 6Ys &A 6j£ Net Change - % - % + u + % + 54 + y* +i + 54 + 54 + 54 Trans Lux Up XA on Curb High Low Sentry Safety Control Yt H Trans Lux 2J4 2 Net Close Change Si 254 +54 Warner Bonds Gain Point High Low Close General Theatre Equipment 6s '40 %i 9 9$i General Theatre Equipment 6s '40, ctf 854 &Vi 854 Loew's 6s '41, ww deb rights 9854 98 98 Paramount Broadway 554s '51 3254 3254 3254 Paramount Publix 554s '50 4954 4854 4954 Pathe 7s '37, ww 92 92 92 Warner Bros. 6s '39, wd 55 53J4 55 Net Change + Vf. - 54 + 54 —m + 54 —1 +1 Sales 100 100 100 700 100 5,700 100 4,600 900 700 800 3,200 Sales 100 600 Sales 2 2 3 5 36 16 20 4 Purely Personal HOWARD S. CULLMAN is sent uled to appear before a Senj sub-committee in Washington today I testify on behalf of the Wagner-Le»T bill for employment insurance. Felix Feist, Ben RosenboI Harry H. Thomas, Louis Nizh Louis Phillips, Lee Ochs, Has Shiffman, Harry Brandt, Milk C. Weisman, David Blum, Mort> Spring, Joe Brandt and Eddie A person were M. P. Club luncheonit yesterday. Joel McCrea and the miss- Frances Dee, will be heard on Hollywood on the Air program o\ WEAF from the coast on Monday 9 P. M. Mike Simmons, former pr< agent, and now writer on the coa is in New York for the first ti since his trek to Hollywood. Evelyn Laye, Gaumont-Brit star, left for London yesterday on Berengaria after a five weeks' va tion in America. Al Scott, Colleen Moore's h band, is in town. Al Jolson will do a version "Emperor Jones" on the air shor| Billy Wilkerson is in town. British Benefit Set Plans are all set for the Me politan Opera House benefit of A ciated British Charities Sunday ni April IS. Talent lined up incl Walter Houston, Gladys Coo Dennis King, Ruth Etting, i Brothers, Boswell Sisters, Raym Massey, Adrienne Allen. Ar Tracy, Annette Hanshaw, E Boreo, Irene Taylor, the Westche Hill Billies, Chester Hale girls Lee Wilev. Pick "Thomas Month' First Division has decided to May "Harry Thomas Month" fo drive for new contracts and playdai Fourteen offices will participate i bonuses will be awarded for the i showing. Disney in Magazine Walt Disney's "Silly Symphon in color are being used as the b of full page illustrations for chile in "Good Housekeeping." The I of the series, out today, is "' Grasshopper and the Ants." Robert Harris West Robert Harris, Universal's easil production manager, departed for versal City yesterday by plane manuscripts to be considered for f^ ing. He expects to return by Monday or Tuesdav. Pickford Tour Resumi] Alary Pickford will resume her sonal appearance tour on March 3 | the Michigan Theatre in Detroit I condensed version of "The Chi I Mouse." On April 13 she will api| at the Earle in Philadelphia. Maurice Ostrer a FatH London, March 22. — Maurice trer, president of Gaulmont-Britisl ( the proud father of a son. fill • Rafter-shaking laughter and high-tension thrills . . . when a newlywed wife who has buried her past discovers she forgot to burn those letters. 3 ON A HONEYMOON SALLY EILERS Z A S U PITTS HENRIETTA CROSMAN CHARLES STARRETT IRENE HERYEY From the novel "Promenade Deck" by Ishbel Ross. Screen play: Edward T. Lowe and Raymond Van Sickle Directed by James Tinling • Deserted mining towns boom again . . . beau- tiful chorines turn gold- diggers, the pick -and- shovel way ... »n the ruthless scramble, the frenzied gamble of the 1934 gold stampede. WILD GOLD JOHN BOLES CLAIRE TREVOR HARRY GREEN ROGER IMHOF RUTH G I LLETTE MONROE OWSLEY Story by Dudley Nichols and Lamar Trotti. Screen play: Lester Cole and Henry Johnson. Directed by George Marshall VENTURE^ • Scotland Yard follows a trail of blood into the sinister shadows of Trmidad's'Caroni swamp . . . where few dare venture . . . and none return. MURDER IN TRINIDAD NIGEL BRUCE HEATHER ANGEL VICTOR JORY From the novel by John W. Vandercook Screen play by Seton I. Miller Directed by Louis King b MOTION PICTURE DAILY Friday, March 23, 19! Stock Values Show Drop of $17,000,000 (Continued from page 1) the report had a net worth of $217,- 057,000 on Jan. 1, 1932, and of $200,- 154,000 a year later. Net worth in- cludes the book value of outstanding preferred and common stock and sur- plus account at the beginning of each year. "Drastic writing down of share- holders' equities, combined with oper- ating deficits and the payment of divi- dends in excess of earnings," the re- port says, "has decreased the aggre- gate net worth of companies mate- rially. Today the book net worth of many going companies is less than half that of the year 1929." The amusement companies reported deficits of $2,686,000 on Jan. 1, 1932, and deficits of $1,252,000 a year later. The report, which covers 37 differ- ent industrial groups, reveals a de- cided trend toward improved earnings and decreased deficits in all but six groups. Eleven groups, which showed a profit in 1932, increased their profits in 1933; 12 groups swung from defi- cits to profits and eight groups de- creased their deficits ; five showed de- creased profits and one a deficit, the report reveals. House Sets Debate On Tariff Measure Washington, March 22. — The House of Representatives is preparing to get down to serious debate on tar- iff legislation with the hope of pass- ing it along to the Senate next week. The measure, asked for by the President in a recent message, an- thorized him to undertake the nego- tiation of reciprocal trade agreements with other governments and permits him to make changes in duties where such action is desirable to secure con- cessions on American products in other countries. The legislation is of importance to the film industry, since the President, in negotiating with European coun- tries, is expected to ask for a low- ering of the barriers now erected against American pictures. To Help Cut Extras Hollywood, March 22. — M. H. Hoffman, B. B. Kahane, J. Buckley Russell and Allan Garcia have joined Mrs. Mabel Kinney, Larry Steers and Philip Friedman on the committee or- ganized to work out a plan of re- registration and classification of ex- tras in accordance with code require- ments. They meet Monday night to decide the best means of cutting the present extra registration of 17,000 down to 5,000. Ohio Managers Shifted Canton, O., March 22. — J. Knox Strachan, manager of Warners' Al- hambra. has been transferred to Portsmouth as manager of the Le- Roy and Columbia. Wallace Elliott comes here from Sandusky to succeed him. Dick Cruciger succeeds Elliott at the Ohio in Sandusky. Indies Here Given Warning on Eagles (Continued from page 1) The warning was issued by Straus fol- lowing a meeting yesterday at the NRA Regional Labor Board at which 25 persons employed by leading inde- pendent circuits charged that they were worked from 50 to 84 hours weekly, in some instances for 14 cents an hour. Manhattan Playhouses will lose its Blue Eagle, Straus said, unless two discharged employes are rein- stated within 24 hours as directed re- cently by Ben Golden of the Regional Labor Board. The employes, both ushers, are alleged to have been dis- charged for union activities. Straus said that his department would send its own investigators into independent circuits throughout the city to make a careful check of their own on pre- vailing hours and wages in individual houses. Ben Bartlett, director of the N. Y. State Labor Compliance Board, also attended yesterday's meeting. Compliance Will Be Grievance Function At the request of the NRA, Code Authority is taking steps to take over the functions of regional compliance boards and add the work of these boards to the duties of the 31 local grievance groups. The purpose is to have the industry work out its own problems and create a better under- standing among conflicting interests. Nathan Yamins, J. Robert Rubin and Leslie E. Thompson have been named to a committee to compile a manual on instructions on this sub- ject. Mason Refuses Post With Chicago Board Chicago. March 22. — Lowell B. Mason resigned today as impartial member of the Chicago grievance board. His resignation was announced in a telegram to Jack Miller, head of the Exhibitors' Ass'n. of Chicago. His appointment as general counsel of the National Recovery Review Board was given as the reason for his action. Fire Rules Adopted Rules governing exchanges on fire ordinances, as outlined by the Nation- al Fire Protective Ass'n, have been adopted by Code Authority and de- tails will be sent to all branch of- fices shortly. The rules were prepared bv a committee comprising W. Ray Tohnston, George T. Schaefer and Felix F. Feist with the assistance of Arthur W. Dickinson of the Hays or- ganization. Expect 8,000 Assents About 8.000 unqualified assents will be tallied after duplications are weeded out, Code Authority figures. The figure will vary from time to time because of the 45-dav provision allotted to newcomeVs in the business. Rosenblatt at SMPE Division Administrator Sol A. Ros- enblatt will be among the speakers at the banquet to be held in conjunction with the semi-annual meeting of the S.M.P.E. in Atlantic City, April 23-26. Shifts Await Code Boards In Five Cities (Continued from page 1) arate clearance and zoning and three individual grievance boards, recom- mendations have been made to have one enlarged board to handle prob- lems in the three local selling divi- sions. There are 43 zones to be taken care of in the Greater New York area, which, it is said, cannot be handled by a single board as pro- vided for in the code. Because some of the members al- ready set on Boston boards lacked certain qualifications, shifts will be made today in the listings. In Minne- apolis the two impartial men have not been named, and since unqualified as- sents have not been received from Fred V. Holzafel, Jack Hay ward and Joseph Friedman, Allied men. re- placements will have to be made. In Portland George Jackson and William Cutts, subsequent run exhibitors on the clearance and zoning board, are found to be of the same company and one will have to be replaced. Phila. Grievance Completed While the grievance board for Phil- adelphia was completed, the clearance and zoning board is still up in the air. The grievance board is as re- norted in Motion Picture Daily on February 9. except for the impartial member, who is Col. Harry Salter. The board chosen consists of F. L. McNamee, Radio ; M. S. Landau, Universal ; M. E. Comerford. Com- erford circuit : Lewen Pizor, head of the M. P. T. O. of Eastern Penn- sylvania. Southern New Jersey and Delaware. The grievance selections for New York are reported set, but the other board isn't. The final makeup nf these boards "•ill be announced March 29. when Harold S. Bareford will be chairman of the meeting. Attending vesterdav's session were R. Kent. Charles "L. O'Reillv. Ed ^uvkendall. W. Ray Tohnston and R. H. Cochrane. Alternates were L. F. Thomnson for M. H. Avles- '«orth T. Robert Rubin for N'^holas M. Schenck. Bareford for H. M Warner, and Max L. Levenson of Boston for Nathan Yamins. Impartial M*»n Not Named Although it was expected Division Administrator Sol A. Rosenblatt would name impartial members for Minneapolis. New York and Phila- delphia, no such announcement was forthcoming. It was stated no change* in the personnel of any board will be made unless members are not 100 oer cent qualified. No further switches are expected following the completion of the remaining five boards. Campi stated. No action was taken on the actor- vaudeville-labor renort. The free radio shows situation remains un- changed, and the committee making a survey of the Hollvwood emoloy- ment status in connection with Presi- dent Roosevelt's request for a 30- hour week and increased wages had nothing to report, according to Campi. Revive Plan To Cut Down K. C. House (Continued from page \) the idea to the I. T. O. and, if a proved, the cooperation of Fox Mi west will be sought. The idea is not new. Fult originally sprang it about two yea ago and obtained the support of the i dependents' organization, of which was an official at that time. J Means, I. T. O. president, sought obtain the participation of Fox Mi west, but the circuit refused. Fult estimates that in the last two years dozen neighborhoods now operati and contributing to the present c plorable condition could have been i quired, dismantled and put out commission as theatres, or remodel and converted into storerooms. I says $5,000 would have been sufficu for the purpose, the exhibitors supp' ing the funds. There are fewer theatres w available for the project, but t situation is such that more seats add to the approximately 50 neighb( hoods in greater Kansas City woi be ruinous, and reduction of seati capacity is imperative, according Fulton. He has one house in mi which is certain to be reopened as dime show unless steps are imme< ately taken to thwart it, he says. "If the plan had gone throu originally, Kansas City exhibitc would not have sunk to the pres< level of double billing, 10-cent adm sions and giveaways, and would ha made more by improved busini than the whole project would ha cost," he declares. MPTO Approves Board Washington, March 22. — T local M. P. T. O. has notified Cc Authority of its unanimous appro1 of the boards for this territory. 1 unit also expressed confidence in t authority and operation of the lo< boards. Nat B. Browne, secretary the exhibitor organization, signed ( letter. NRA Board Calls Rem Walter Reade has been requested appear before the local NRA regioi labor board in connection with alles violations of the code. Reade, w operates the Mayfair, is said to distributing two-for-one "courte; passes. No date for the appearat has been arranged. Finances Up Monday S. R. Kent, Harold S. Barefo Charles L. O'Reilly and Nathan 1 mins, the committee on financing Cc Authority, will meet on Monday discuss the budget. Yamins is Pinehurst and Max Levenson of B' ton was his alternate yesterday. Two Weeks for "Riptid After it had been viewed by M-G- home office executives yesterd "Riptide" was booked for a two-vv< engagement at the Capitol, starti next Friday. MOTION PICTURE DAILY Broadway Takes Light, With 4 Films Held Over Friday, March 23, 1934 KAO in Shift; Gives Circuit More Entity (Continued from page 1) of RKO structure and retain through a number of new allocations already set up, only houses owned or controlled by KAO directly or through its sub- sidiaries, of which B. F. Keith The- atres Corp. and the Greater New York Vaudeville Theatres Corp. are the principal two. Described on behalf of J. R. Mc- Do.nough as a preconceived move, months old now, to strengthen the •'corporate integrity" of the major subsidiaries which go to make up Radio-Keith-Orpheum, the under- standing is Meehan has had consider- able, if not all, to do with the change, which appears routine enough, but which carries implications of conse- quences in the future which are not apparent in surface indications. Meehan Big Shareholder Meehan is understood to own or control about 26,000 shares of the 60,- 000 shares of KAO stock outstanding and, through an association of inter- ests, a 51 per cent interest in the company, which is RKO's principal theatre subsidiary and the backbone of its exhibition interests. His rep- resentation on the KAO board is nu- merically greater than that of any group, including RKO, and his voice in the conduct of the former com- pany increasingly more important in the last year. Actual changes in the operating set- up in no wise reflect on the divisional managers, but merely fit into the plan of Meehan's to make the company more of an individual operation in the RKO scheme. The shift and how it will work are demonstrated by the following typical changes : The Chester, Coliseum, Franklin and Hamilton, until now handled by H. R. Emde, have been placed in C. B. McDonald s division. Proctor's 125th St., formerly han- dled by L. Goldberg, has been shunted into Emde's division, which will be known hereafter as the Proctoi division. The Empire and Union, formerly Emde's, have gone over to Goldberg. Proctor's 23rd St., once McDon- ald's, is now Emde's. Schenectady and Troy, home of Proctor theatres, have been taken from Charles W. Koerner and as- signed Emde, as well. Koerner will hereafter concentrate on Boston and Lowell. Giving Emde an additional theatre not handled until now, the Rivoli at Rutherford, N. J., has been removed from James Brennan's division to fur- ther segregate KAO and Proctor houses. How Holdings Are Constituted The KAO holdings, complete, will break down as follows with official designations as they appear in the revised chart of the RKO theatre de- partment : New York Senior Metropolitan Division, C. B. McDonald, division manager: AVbee, Kenmore;> Madison, Prospect in Brooklyn; Keith's in Flushing; Chester, Coliseum, Colonial, Fordham, Hamilton, Jefferson, Palace, 81st St. and 86th St., in New York; Making It Plain S. R. Nelson, in The Era, London theatrical weekly, has this to say about Cab Callo- way: "He is a coagulation ot alpha particles bombarding the central nucleus of the audience with an increasing stream of scat. He is a trip- tych in rhythm; he cannot make the slightest movement when the band is playing which is not a contrapuntal line enhancing the whole musical structure." Keith's in Richmond Hill and Keith's in White Plains. New York Junior Metropolitan Division, L. Goldberg, division manager: Bushwick, Dyker, Greenpoint, Orpheum, Shore Road and Tilyou in Brooklyn; Central in Cedar- hurst; Columbia and Strand in Far Rock- away; Empire, Franklin, Regent and Royal in New York; Park in Rockaway Park. Great Lakes Division, Nat Holt, division manager (no changes) — Palace and 105th St. in Cleveland; Majestic and Palace in Columbus; and Uptown in Highland Park. Massachuseats Division, Charles W. Koerner, division manager: Bijou, RKO Boston and RKO Keith's in Boston; Keith's in Lowell. Detroit Pool, David Idzal, director: Downtown and Fox. New Jersey- Washington Division, James M. Brennan, division manager: Rivoli and State in New Brunswick; Broad, Capitol, Lincoln, Palace and Trent in Trenton; Keith's in Washington. Rochester District, J. Golden, city mana- ger: Palace and Temple, Rochester. Syracuse District, W. J. Tubbert, city manager: Keith's and Strand, Syracuse. "Midnight" Passed After Ohio Changes Columbus, March 22. — Universal's "Midnight," which Ohio censors held up because they considered parts ot the script constituted a reflection on the district attorney, and thus violated that section of the Hays code which frowns on any Government official being depicted unfavorably on the screen, has been passed after changes. The Hays office disagreed with the censors' views, and contended that the picture was favorable rather than derogatory to the district attorney. Dr. B. O. Skinner, censor chief, re- cently summoned John W. Bricker, attorney general of Ohio, and Don Hoskins, county prosecutor, to view the picture and rule on his opinion. They concurred, and the action has been altered to the extent that prose- cution is indefinitely indicated and the picture leaves the impression that pen- alty for the crime was inflicted. Thompson to Direct Hollywood, March 22. — Harlan Thompson, under contract to Para- mount as a writer for the past six years, has been made a director. He will handle B. P. Schulberg's "Kiss and Make Up." KAO Board Meet Off A Keith-Albee-Orpheum directors' meeting, scheduled for yesterday, was postponed without a new meeting date being set. With four holdovers among Broad- way houses grosses were not sensa tional last week. "Six of a Kind" made the best comparative showing with $48,100 at the Paramount. "Spitfire" ended its stay at the Mu- sic Hall on the seventh day with a take of $73,000. "Palooka" held up to $27,000 in its second week at the Rivoli ; "Queen Christina" fell off to $28,500 in its second stanza at the Capitol ; "It Hap- pened One Night" was good for $14,- 500 ; also in its second stanza, at the Palace, and "Wonder Bar" had a strong second week with $31,004 at the Strand. Estimated takings : Week Endinq March 12: "PALOOKA" (U.A.) RIVOLI— (2,200), 35c-99c, 2nd week, 7 days. Gross: $27,000. Week Endinq March IB: "HEAT LIGHTNING" (Warners) RIALTO— (2,300), 25c-65c, 7 days. Gross: $9,500. "SPITFIRE" (Radio) RKO MUSIC HALL— (5,945), 35c-$1.65, 7 days. Stage show. Gross: $73,000. "QUEEN CHRISTINA" (M-G-M) CAPITOL— (4,700), 35c-$1.65, 2nd week, 7 days. Stage show. Gross: $28,500. "IT HAPPENED ONE NIGHT" (Col.) PALACE— (2,500), 25c-75c, 2nd week, 7 days. Stage show. Gross: $14,500. "SIX OF A KIND" (Para.) PARAMOUNT — (3,700), 35c-99c, 7 days. Stage show. Gross: $48,100. "MIDNIGHT" (Univ.) ROXY— (6,200). 25c-65c, 7 days. Stage show. Gross: $15,570. "WONDER BAR" (F.N.) STRAND— (2,000), 25c-$1.10, 2nd week, 7 days. Gross: $31,004. Week Ending March 16: "FASHIONS OF 1934" (Warners)— 4 days "LET'S FALL IN LOVE" (Col.)— 3 days RKO CENTER— (3,700), 25c-55c, 7 days. Gross: $4,800. Week Endinq March 19: "THE QUITTER" (First Division) MAYFAIR— (2,300), 35c-85c, 7 days. Gross: $6,500. Demand New Deal Hollywood, March 22.- — Seeking more authority for the responsibility invested in their jobs, the assistant directors' branch of the Academy will meet the producers' branch next week to urge why they should be forced to clear issues through numerous depart- ments before any action can be taken. Goldwyn Gets Kiam Hollywood, March 22. — Samuel Goldwyn is bringing Omar Kiam. dress manufacturer and designer of the costumes of Broadway shows, here to design styles for all his future pro- ductions. Meets on Feting MPTOA Hollywood, March 22. — The I. M P. P. A. met last night to make final preparations for entertaining the dele- gates to the M. P. T. O. A. convention. McGuire on Long Term Hollywood, March 22. — William Anthony McGuire has signed a five- year contract with Universal to write, direct and produce. New Post for Butcher Hollywood, March 22. — In addi- tion to acting as production manager at Fox, E. W. Butcher will be made an associate producer. His first pic- ture will feature Stepin Fetchit. 7 "I Believed" With Downey Detroit High Detroit, March 22. — "I Believed in You," playing the Fox with Morton Downey heading the stage show, was the only picture to go over par last week. It netted $18,300, $3,000 up for this house. "Queen Christina," in its second week at the United Artists, al- most hit the $10,000 average of that house, getting $9,400. Others just fair. Total for the week was $60,100 against $73,000 the previous seven days and an average of $75,000. Estimated takings for the week end- ing March 15 : "DEVIL TIGER" (Fox) DOWNTOWN— (2,750), 15c-40c, 7 days. Gross: $6,100. (Average, $10,000.) "MANDALAY" (Warners) FISHER — (2,975) , 15c-40c, 7 days. Gross: $5,600. (Average, $10,000.) "I BELIEVED IN YOU" (Fox) FOX— (5,100), 15c-50c, 7 days. Stage: Morton Downey. Frank & Milt Britton Band, Walter Powell and Tito. Gross: $18,300. (Average, $15,000.) "BOLERO" (Para.) MICHIGAN — (4.100), 15c-50c, 7 days. Stage: Johnny Perkins. Jerry and Her Baby Grands, 12 Aristocrats. Gross: $14,- 500. (Average, $20,000.) "QUEEN CHRISTINA" (M-G-M) UNITED ARTISTS— (2,070), 25c-50c, ,7 days. 2nd week. Gross: $9,400. (Average, $10,000.) "LOVE BIRDS" (Univ.) "ADVICE TO THE LOVELORN" (U. A.) STATE— (3,000), 15c-40c, 7 days. Gross: $6,200. (Average, $10,000.) Guy Matthews Is Head of Ore. Allied Portland, March 22. — Guy Mat- thews, The Dalles, was elected presi- dent ; George Applebs, vice-president, and William Cutts, secretary, at the statewide annual meeting of Oregon Allied today. Steve Parker, Portland; Guy Garrison, St. Helens ; M. Matta- check, McMinnville, and Oscar Phelps, Hillsboro, were elected to the board of directors. To Rehire on New Basis Hollywood, March 22. — The Edu- cational publicity department and other studio operative employes who go off the payroll April 1 will be rehired on a picture-to-picture basis, if and when production is resumed. Reports here are still persistent that Educational will concentrate its production in the East in the future. T ashman Services Today Private funeral services for Lilyan Tashman will be held today at the Universal Funeral Chapel at 2 P. M. Services will be conducted by Dr. Samuel H. Goldenson, of Temple Emanu-El, and burial will be in Washington Cemetery, Brooklyn. Opens on Coast April 3 Hollywood, March 22. — The "House of Rothschild" will have its premiere here April 3 at Grauman's Chinese. Berinstein Reopening Hollywood, March 22. — Ben H. Berinstein will reopen his Sunbeam at Compton, destroyed by the earth- quake last March. PREVIEW O Robert Montgomery RIPTIDE with Herbert .M. ARSHALL • Airs. Patrick CAMPBELL An M.-G-M. Picture . . . Written and Directed by Edmund Goulding By wire from California! Put a flash Preview poster in your lobby today! Variety says: "Irving Thalberg puts over smash hit in his comeback produc- tion. A superb picture from every angle for Norma Shearer. It is a triumph of the first water in emotional requirements and in physical charm. Placing Herbert Marshall opposite as. a jealous husband was inspired. Robert Montgomery com- pletes trio — giving no less an account of his intelligent and ingratiating qualities as the incorrigible playboy who intrudes on the wedded life of Shearer and Marshall. Edmund Goulding having written and directed the piece earns double ration of praise. Hollywood Reporter says: " 'Riptide,' Thalberg's first since his return, a hit. A distinct innovation which marks Norma Shearer's return after long ab- sence, during which lady seems to have added even more to her physical and histrionic charms. With the flawless per- formances of Herbert Marshall and Robert Montgomery added to the vivid and impressive moods as portrayed by its star, Norma Shearer, with its great appeal for any type of audience, particu- larly the feminine contingent and the pen- etrating guidance of Edmund Goulding, 'Riptide' stands to make its producers and exhibitors a barrel of money." M-G-M's RIPTIDE i A FEW OF THE RAVES SENT BY THE PRESS ALL OVER AMERICA TO HERALD THE BIGGEST BOX-OFFICE ATTRACTION OF OUR TIME! Harrison Carroll, dramatic editor, L. A. Herald Express and King Features Syndicate writer says : "Norma Shearer more brilliant than ever." Mayme Ober Peake, Boston Globe, says: "It is a profoundly moving picture. Great triumph for Norma Shearer and remarkable cast." Rob Wagner, Saturday Evening Post con- tributor, former critic Liberty Magazine, editor Beverly Hills Script, says: "Irving Thalberg production 'Riptide' is one of the handsomest productions of the season. Norma Shearer, Robert Montgomery, Herbert Marshall turn in performances that should be tonic to any theatre." Ted Smits, International News Service, says: "Beautifully conceived and directed. Norma Shearer gives most charming performance." Ivan St, Johns, Photoplay Magazine, says: "One of Norma Shearer's greatest perform- ances. It is great entertainment for men and women." John Mitchell, Tower Publications, says: " 'Riptide' will appeal to intelligent audiences everywhere. Irving Thalberg continues to set the pace for fine pictures." Doug Churchill, New York Times, says: " 'Riptide' will be most Welcome to all Norma Shearer fans." Welford Beaton, Hollywood Spectator, says: "Norma Shearer comes back to us in the most brilliant performance of her career." Walter Ramsey, Modern Screen, says: "Norma Shearer in 'Riptide' will remind women of the country of 'Divorcee,' 'Free Soul,' 'Strangers May Kiss.' It is great enter- tainment." Edwin Schallert, Los Angeles Times, says: " 'Riptide' will exert a great moving effect upon audiences because of the emotional per- formance of Norma Shearer." Louella Parsons says: " 'Riptide' will thrill every woman. It is just the kind of picture we need to bring back S. R. O. signs. It is a mag- nificent triumph for Irving Thalberg, Norma Shearer and all those associated with it." Ralph Willi, Film Daily, says: " 'Riptide' is a red letter event for Thalberg, Shearer,Goulding and entire cast." Elizabeth Wilson, Silver Screen, says: "This is the picture for which women have been waiting." Ruth Waterbury, Movie Mirror, says: "Shearer and Montgomery make the screen's most satisfactory co-stars. Their scenes in 'Riptide' are compounded of that gay romance which spells box-office the world over." Alice Tildsley, Philadelphia Public Ledger, says: "One of the best performances Norma Shearer has ever given and one of the best ever given by anyone." Jimmy Fiddler, Screenland, says: "Always a Norma Shearer fan and even more so after seeing 'Riptide.' She is a great artist and it is a great picture." Telegraph wires are sizzling with "Riptide" adjectives! Greatest nationwide advance ballyhoo in history! 10 MOTION PICTURE DAILY Friday, March 23, 1934 "Harum" Gets Big $6,800, Kansas City Variety Club Chatter Kansas City, March 22.— The week brought forth two sensations. The first, "David Harum," gave the Fox Uptown $6,800 in seven days, against a normal $3,000 for the suburban first run. The second was "Elysia, the Valley of the Nude," which did near capacity business all week at the 810- seat Royal at 25 cents and skyrocketed the take to $6,500. The Royal has been averaging about $2,500. Both films were held. "Six of a Kind" and "Madame Spy garnered a strong $7,500 at the Publix Newman, which was helped by a one- night personal appearance of Lanny Ross. "Nana," a Loew's Midland at- traction, was given an ace campaign, but costume plays being more or less poison in this town, it went only to an average $11,000. A combination bill of "Dark Hazard" with "The Student Prince" on the stage slumped to $9,000 to the Mainstreet. Total for the week was $40,800. Average is $34,500. Estimated takings: Week Ending March "DAVID HARUM" (Fox) UPTOWN — (2,000), 25c-40c, 7 days. Gross: $6,800. (Average, $3,000) Week Ending March 15: "DARK HAZARD" (F.N.) MAINSTREET— (3,049), 25c-40c-60c, 7 days, plus Saturday midnight show. Stage: "The Student Prince," featuring George Hassell, Gertrude Lang, Hollis Davenny, Donald Green. Gross: $9,000. (Average for combination shows, $12.000'> "SIX OF A KIND" (Para.) "MADAME SPY" (Univ.) NEWMAN— (1,800), 25c, 7 days, plus Saturday midnight show. Stage: Lanny Ross personal appearance Tuesday night only. Gross: $7,500. (Average, $6,000.) Week Ending March 16: "NANA" (U.A.) MIDLAND— (4,000), 25c, 7 days, plus Saturday midnight show. Gross: $11,000. (Average, $11,000) "ELYSIA" (Master Arts) ROYAL— (810), 25c, 7 days, plus Satur- day late show. Gross: $6,500. (Average, $2,500.) Dickstein Bill Is Hit by K. C. Paper Kansas City, March 22. — Actively campaigning against passage of the Dickstein bill barring foreign talent, Henry J. Haskell, editor of the Kan- sas City Star, has sent an editorial captioned "Talent Barriers" appearing in the paper's film section to all U. S. senators. The editorial, written by John C. Moffitt, the Star's critic, but repre- senting the sentiments of the paper's editorial board, attacked provisions of the bill as placing a premium on "in- ferior Broadway talent" against im- portation of players and directors from abroad. The provisions would seri- ously hamper the progress of the American film industry, the paper de- clared. Cleveland Cleveland, March 22. — P. E Essick and Abe Kramer (substitut- ing for Myer Fine) are "kings" for the Monday luncheon. They brought along with them the entire Peek-A- Boo stage show playing currently at the Allen. Charles (Buddy) Rogers was guest of honor and was made asso- ciate member. Long Tack Sam, head of his own juggling act in the Allen revue, doubled as guest of honor and master of ceremony, introducing the members of the cast. He told the boys that he, too, is an exhibitor. He owns a 1,500-seat house in Shanghai. Music was supplied by Myron Roman, leader of the Allen orchestra. A capacity crowd attended. New rules were voted at this meet- ing, covering the ladies. The club rooms, it was voted, are to be open to them every Wednesday and every Saturday from noon until closing time. Next "kings" for the day will be Nat Wolf and Sid Dannenberg, both of the Warner circuit. Cleveland Houses Reopen Cleveland, March 22. — Reopenings in this territory include the Kinsman at Kinsman, operated by Earl J Smith ; Palace, Holgate, by Harold Rush; State, Canton, by Max Young; Barton, Barton, by George Repchack; and the Rex, Alliance, formerly calleu the Ideal, by W. J. Cuthbert Kansas City Kansas City, March 22. — Barker Harry Taylor's lyrical ability has brought forth an official club song, in which barkers join at every meeting. Here 'tis, warbled to the tune of "I'm Looking Over a Four Leaf Clover" : We're members of the Variety In that good old town K. C. Work hard all week but we must have some play So, Monday is our Variety day. We all are barkers, which means help others And we'll always wear a smile; Good fellowship is our Alma Mater And that's what makes life worth while. Harry also is official song leader, while Barker Bill Wagner officiates at the piano. Stanley (Fox Theatres) Cham- bers has been named chairman of the publicity committee. The barkers are still stirred by the inspirational messages brought by Chief Barker John H. Harris and Chief Wagon Man Jim Balmer of the Big Top at the presentation of the national charter and first ritual initiation. The gala occasion rated considerable newspaper space. The Rev. R. W. Gardner of St Teresa's Church of the Little Flower and Rabbi Gershon S. Hadas oi Keneseth Israel-Beth Sholom syna- gogue were among the initiates. Barker Erwin Dodson shook the Rabbi's hand and said : "Father, we're glad to have you here. You must come again." However, he meant well. Barker Irwin Dubinsky's housing committee and the directors are haro. at work preparing for club quarters, which, it has been definitely decided, will be in the Muehlebach Hotel. The barkers have been giving Chief Barker Frank Hensler his "baptism of fire" by merciless ribbing via the telephone. The other day, one of the barkers had a girl call Hensler and inquire about entering her prize canine in the Club's "next kennel show." Not knowing whether he was being kidded or not, Hensler replied: "Lady, we're an organiza- tion of theatrical and film men. It's our business that has gone to the dogs, not us." Barker Ralph C. LiBeau brought back some pointers on club quarters which he gathered in a recent visit to the St. Louis club. Barker Lawrence Lehman, ill in Menorah hospital, recently received a gift of flowers from the club. The barkers are glad to learn that Lehman is recuperating. One Night" Garners High Frisco Gross San Francisco, March 22. — "It Happened One Night" was the only feature to survive a general first run slump here last week. The $11,000 gross at the Golden Gate was over normal by $1,000. "David Harum" failed to come up to expectations at the Warfield at $18,000. Par grosses were registered by two duals, "Cradle Song" and "I Like It That Way" at the Orpheum and "The Lineup" and "Speed Wings" at the Fox, but elsewhere business was off. Total first run business was $66,- 500. Average is $74,000. Estimated takings: Week Ending March 6: "IT HAPPENED ONE NIGHT" (Col.) GOLDEN GATE— (2,800), 25c-35c-40c, 7 days. Stage: vaudeville, band. Grosst $11,000. (Average, $10,0O0J Week Ending March 7: "CRADLE SONG" (Para.) "I LIKE IT THAT WAY" (Univ.) ORPHEUM— (3,000), 15c-35c-40c, 7 days. Gross: $8,000. (Average, $8,000.) "SHE MADE HER BED" (Para.) "THE BIG SHAKEDOWN" (Warners) ST. FRAIvCIS — (1,400), 15c-25c-35c-40c, 7 days. Gross: $4,500. (Average, $8,000.) "MOULIN ROUGE" (U. A.) UNITED ARTISTS— (1,200), 25c-40c-50c, 7 days, 2nd week. Gross: $6,000. (Aver- age, $8,000) "DAVID HARUM" (Fox) WARFIELD— (2,700), 25c-35c-55c-65c-90c, 7 days. Stage: band, vaudeville. Gross: $18,000. (Average, $19,000) Week Ending March 8: "THE LINEUP" (Col.) "SPEED WINGS" (Col.) FOX— (4,600), 10c-15c-2Sc-35c, 7 Stage: vaudeville. Gross: $9,000. age, $9,000) "MANDALAY" (Warners) "COMING OUT PARTY" (Fox) PARAMOUNT— (2,670), 15c-35c-40c-65c, 7 days. Gross: $10,000. (Average, $12,000) days. (Aver- One Night" Strong In Omaha, $6,750 Omaha, March 22. — "It Happened One Night," following a string of double features at the Hrandeis, had a swell nine-day run ana grossed around $6,750 in the face of stiff opposition. The house is back again now to its regular Friday opening day. "Beloved," at the Orpheum, along with Henry Santry's band, was in the money at $8,250. The second dual fea- ture program at the Paramount. "Da- vid Harum," and "The Search for Beauty," was average at $7,500. The World dipped under par with "Cross Country Cruise" and "Once to Every Woman." Total first run business was $26,400. Average is $26,500. Estimated takings : Week Ending March 14: "DAVID HARUM" (Fox) "THE SEARCH FOR BEAUTY" (Para.) PARAMOUNT— (2,900), 25c-35c-40c, 7 days. Gross: $7,500. Average, $7,500. "CROSS COUNTRY CRUISE" (Univ.) "ONCE TO EVERY WOMAN" (CoL) WORLD— (2,200), 25c-35c, 7 days. Gross: $4,000. (Average, $5,000) Week Ending March 15: "IT HAPPENED ONE NIGHT" (Col.) BRANDEIS— (1,100), 25c-35c, 9 days. Gross: $6,750. (Average, $6,000.) "BELOVED" (Univl ORPHEUM— (3,000), 25c-35c-50c, 7 d?vS. Stage: Henry Santry & band. Gross: $8,250. (Average, $8,000) Harum" Seattle's Best Draw, $7,500 Seattle, March 22. — "David Ha- rum" at the Fifth Avenue, with a take of $500 over the normal $7,000, was the best gross getter of the week. "Mystery of Mr. X" at the Para- mount, with a strong vaudeville bill, was also good for par figures of $5,500 and "It Happened One Night" at the Liberty, in its third week, grossed about $500 over the average and wem into a fourth week. Total first run business was $29,500. Average is §31,500. Estimated takings for the week end- ing March 17: "I'VE GOT YOUR NUMBER" (Warners) BLUE MOUSE— (950), 25c-35c-50c, 7 days. Gross: $3,500. (Average, $4,0000 "DAVID HARUM" (Fox) FIFTH AVENUE— (2,450), 25c-40c-55c, 7 days. Gross: $7,500. (Average, $7,000.) "IT HAPPENED ONE NIGHT" (Col.) LIBERTY— (1,800), 15c-25c-35c, 7 days, 3rd week. Gross: $4,500. (Average, 1st week, $4,000.) "MOULIN ROUGE" (U.A.) MUSIC BOX— (950), 25c-35c-50c, 7 days, 2nd week. Gross: $3,500. (Average, 1st week, $4,000.) "THE MEANEST GAL IN TOWN" (Radio) ORPHEUM— (2,500), 25c-35c-50c, 7 days. Gross: $5,000. (Average, $6,000.) "THE MYSTERY OF MR. X" (M-G-M) PARAMOUNT— (3,050), 20c-30c, 7 days. Vaudeville headed by Duci DeKerekjarto. Jules, Buffano's band. Gross: $5,500. (Average, $6,000.) Harum" Piles Up $7,000, Oklahoma Oklahoma City, March 22. — . "David Harum" hit some severe com- petition but came out away in the lead at the Midwest. The $7,000 gross topped normal by $3,000. "Four Frightened People," with 3 stage show called "Goin' to Town,' pulled a strong $7,500 at the Warner "Fashion Follies" at the Criterior died, taking only $3,600, which i: $1,400 under. "Nana" at the Capito was low. "Love Birds" and "Th< Crosby Case," set in at the Liberty did average business. Total first run business was $21,900 Average is $20,000. Estimated takings for the week end ing March 17: "FOUR FRIGHTENED PEOPLE" (Para. WARNER— (1,900), 10c-35c-50c-75c. 7 days "Coin' to Town" on stage. Gross: $7.50( (Average. $6,500.) '•DAVID HARUM" (Fox) MIDWEST — (1.500), 10c-26c-36c-56c, days. Gross: $7,000. (Average. $4,000.; "FASHION FOLLIES" (F. N.) CRITERION — (1.700). 10c-20c-26c-36c-41c, 56c, 7 days. Gross: $3,600. (Average. S5.000. "NANA" (U. A.) CAPITOL— (1.200). 10c-20c-26c-36c-41c, days. Gross: S2.000. (Average. S2.000.; "LOVE BIRDS" (Univ.) LIBERTY— (1.500), 10c-15c-26c-36c, 3 day: Gross: $900. (Average week, $2,000.; "CROSBY CASE" (Univ., LIBERTY — (1,500), 10c-15c-26c-36c. 4 dayi Gross: $900. (Average week, S2.000.) Friday, March 23. 1934 MOTION PICTURE DAILY n MOTION PICTURE DAILY* HOLLYWOOD PREVIEW "Take the Stand" (Liberty) Hollywood, March 22. — An entertaining melodrama-mystery story, which will keep audiences in suspense. Half of the picture deals with a columnist, having all the earmarks of Walter Winchell, whose items arouse the wrath of at least five different types of individuals who would have the "transom peeker" out of the way. The latter half pivots about the murder of Jack LaRue and the eventual solution by Russell Hopton. Thelma Todd, as the columnist's secretary, is named Sally Oxford, which is pretty close to Ruth Cambridge, WincheU's real secretary, as far as college appellations go. There is Leslie Fenton, another column- ist, who is promised LaRue's job by the publisher if he can get the scandalmonger out of the way. There is Gail Patrick, who would also like to dispose of the chatterer who has been printing insinuating re- marks about her father's financial affairs. Then there is the crooner and the former bootlegger, now turned "snatcher," who also have good reasons for trying to get LaRue. It's interesting and spell-binding. M. H. Hoffman has produced a swell little picture which if given the proper advertising and exploitation build-up looks destined to click. Phil Rosen handled the direction nicely and built up his situations for a swell finish. It is close to the end that the romance between Hopton and Miss Patrick develops. It starts when the former copper comes to the heroine's aid because her father is un- justly accused of the crime. The story is by Earl Derr Biggers. Warners Will Lean Heavily on Novels A large part of Warners' product for 1934-35 will be made from popu- lar novels, said Jack L. Warner, pro- duction head, yesterday. He also said an average of SO novels a week are read and reported on by the scenario departments. Discussing the advantages of mak- ing films from published books, War- ner said : "In addition to the actual readers of the book, there are thou- sands who never get around to reading a novel, but are anxious to catch up with current literature. Also, the ex- ploitation possibilities on a film adap- tation of a popular book are unlimited. We have found that publishers are more than willing to get behind the picture's ballyhoo." "Wild Cargo" Book Strikes Novel Note Radio's exploitation department has gone in strongly for novelty in its sales manual on Frank Buck's "Wild Cargo," produced by Van Beuren. The jacket represents a freighter car- rying a cargo of wild animals with Buck at the helm. Inside is an as- sortment of exploitation ideas, includ- ing poster and lobby displays, adver- tising layouts, feature material and publicity hints. There is a liberal use of color. The book was prepared under the direction of Barrett McCormick by a staff comprising Ralph Lund, Jack Level, Fred Schaefer and David Strumpf, who did the art work. Ed McEvoy of Van Beuren cooperated in putting out the manual. See Hope of Action On Anti-Censor Bill Albany, March 22. — Prospects of getting at least one bill aimed at abolishment of the censor board before the Legislature for action are regarded as better this year than at any time during the 13 years the board has been in existence. Among those favoring abolition of the board were former Governor Al- fred E. Smith, Chancellor Harry W. Chase of N. Y. University. Bishop Francis J. McConnell of the Method- ist Episcopal Church, and Will Ir- win. All, except former Governor Smith, who wrote a letter, appeared at a hearing before the Assembly- Ways and Means Committee. Bill to Levy Censor Fee Is Up in Ohio Cleveland, March 22. — A bill was introduced in the state legislature yes- terday providing a nickel on each linear foot or fraction thereof of film submitted for censorship. The funds received under the measure would be used for county poor relief. The bill calls for repeal of the state admission tax. It is being opposed by exhibitors here on the ground it would auto- matically kill all independent dis- tribution. Moss Promises Full Enforcement of Law (.Continued from page 1) He declares he wants to help exhib- itors with their problems, and if they are solved, so are his as far as fire regulations are concerned. New Compact Made For So. Enterprises (Continued from page 1) zelle in partnership with Paramount, was substituted yesterday for the original agreement entered into last October. Terms of the agreement are the same but Famous Theatres Corp., new Paramount subsidiary, re- places Irving Trust, receiver for Pub- lix Enterprises, as a party to the agreement and Interstate Circuit, subsidiary of Southern Enterprises, is chartered as a Delaware instead of a Louisiana corporation in order to be- come a party to the new agreement. The substituted agreement was ap- proved by Referee Henry' K. Davis. Paramount was also authorized to in- demnify trustees in bankruptcy and receivers for subsidiary companies in the event they incur liability under consolidated Federal income tax re- turns. Plan Virginia House Richmond. March 22. — Valley En- terprise, Inc., will construct a 600-seat theatre in the rear of the George Rontopoulos building on South Alain Street. Harrisonburg. Va. The struc- ture and equiDinent will cost approxi- mately 535,000. Fined for Sunday Show Monongahela, Pa., March 22. — Bernard H. Buchheit. manager of the Bentley. has been fined $4 for a Sun- day show by Mayor F. C. Stahlman. Buchheit claimed the show was for charity. "Harum'* Big in Akron Akron. March 22.— "D avid Harum" has already exceeded the take for 'Little Women" at the Colonial and is expected to top the 17-day record set up by that film. Friedlander in South Al Friedlander of First Division is on a tour of the south and is expected to return within a week. Indianapolis Group Starts Variety Club Indianapolis, March 22. — Local exchange men and theatre managers have applied for a Variety Club char- ter from the National Variety Club. Officers are: President, Joe Cantor, manager of the U. A. exchange ; first vice-president, Kenneth Collins, Apollo manager; second vice-president, Floyd Brown, Universal manager; treasur- er, Carl Niesse, manager of the Am- bassador and Alamo; secretary, Earl Cunningham, manager of the Foun- tain Square and allied houses. Says Music Shorts Gain Short subjects as a definite field for musical entertainment are foreseen by Earl W. Hammons, president of Edu- cational. He says no program "can be entirely satisfactory without some music." Two-reelers will supply the music appeal, when the popularity of musical features fades, he says. Majestic Is About Set Production plans of Majestic will be announced today following a four- day session of the board of directors with Herman Gluckman, president. The meetings wound up late last night. Delay Federation Meet No meeting of the executive com- mittee of the Federation of the M. P. Industry will be held until after the Monogram convention, which is slated for April 4-7 in Atlantic City. Rowley Here; Robb Due Edward Rowley of the Robb & Rowley circuit in Texas is in New York on product deals. Harold Robb arrives today. H. J. Yates on Coast Hollywood, March 22. — H. J. Yates, president of Consolidated Film industries, is here from New York. Ferguson Named for Presidency of Ampa William (Billy) R. Ferguson was yesterday officially nominated as presi- dent of the Ampa to succeed John C. Flinn. Monroe Greenthal was named for the vice-presidency, Paul Benjamin for treasurer and Harry Blair for secretary. The board of directors nominated includes the new president, vice-president, treasurer and secretary, in addition to Flinn, Lou Goldberg, Rutgers Neilson, Marvin Kirsch and Paul Gulick. Walter Eberhardt is listed as trustee for three years. Edward McNamee, Vincent Trotta and Martin Starr are up for the auditing committee and Hal Home is slated as national counsellor of the U. S. Chamber of Commerce. Recommendations were made yes- terday for annual awards for the best advertising copy, exploitation cam- paign and publicity story. "Myrt, Margeff Big Surprise in Denver ' Denver, March 22.— The success of "Myrt and Marge," refused a first run by Harry Huffman, is becoming one of the sensations of this territory. All Denver houses running the film report a spurt in business, and at the State the film broke house records for two days, the film being held for an extra day. The opening day was good, with crowds building, and on the clos- ing day there was a line at the box- office almost continually, often reach- ing a quarter of a block. Nizer Puts Annual Pacts at a Million (Continued from page 1) well as nationally, he revealed that in Greater New York alone there are 46 more independent operators in the ter- ritory than last year. He declared the business is going back to "old timers" and away from "newcomers." He added that "old timers" know how to blend their programs and also know how to exploit them and that is why they have so successfully carried on through the years when the major cir- cuits were finding it hard to hold on to their properties. Back to RKO Hollywood, March 22.— RKO has determined definitely to produce "The Fountain," a novel by Charles Mor- gan. Originally bought by Radio and then sold to M-G-M, the rights have reverted to the former. New Record for Seattle Seattle, March 22.— "It Happened One Night" has set a new record at Von Herberg's Liberty with 92,621 paid admissions during 180 perfor- mances in 29 days. The picture is being held for the fifth week. Nolan to Coast Joseph Nolan, recently appointed assistant to B. B. Kahane, president of RKO Studios, Inc., left for Holly- wood yesterday to take up his new duties. /. /. Parker Here J. J. Parker, operator of the Broad- way and United Artists Theatres in Portland, Ore., is in town. He trav- eled east via the Canal. wins driVc fc ott ,nBosroN.0 0fl- re^ded a, , °aV,d Harun," J? °Pen,ng at Ne* Th 'n ^ LB A My. /d"ver runi which he/W * °Pened f>,„„ sec°nd Week „„ l °Ver at the P / gg<* than «D:J . . 01, Da^ me pa/a Uavid — -eact,on in0 ,n New HAVFM 0iI ^a/ace. r^ by storm » . ,n Hartfopd ports * * O. ^1, • * • aUd'^ aPpW °Pening topj i,,ce sure.fire MARCHES ON This industry long accustomed to great achievements of M-G-M will now see an even greater page in the history of this company. Sweeping everything before them come these giant attractions: NORMA SHEARER, ROBERT MONTGOMERY in "Riptide" — "TARZAN AND HIS MATE" starring Johnny Weissmuller. "VIVA VILLA!" starring WALLACE BEERY. "HOLLY- WOOD PARTY" grandest of all musi- cal comedies of the screen. CLARK GABLE in "Men in White". MARION DAVIES in "Operator 13" JOAN CRAWFORD in "Sadie McKee". And other Big Ones to follow. Leo marches on! TO YOUR THEATRE WITH THE PERFECT EASTER WEEK ATTRACTION! / © The Leading Daily Newspaper Motion Picture Industry MOTION PICTURE DAILY Alert, Intelligent and Faithful Service to the Industry in Alt Branches VOL. 35. NO. 69 NEW YORK, SATURDAY, MARCH 24, 1934 TEN CENTS Studio Cuts Will Get No Federal Aid Government's Aim Is to Increase Jobs Total Washington, .March 23. — Discus- sion in Philadelphia of Federal regu- lation of output as a result of over- production of films will receive little sympathy in Washington at the present time. While it is true the Government has gone in for reduction of crops in a big way, that is part of an effort to raise agricultural prices to parity with other prices. Control of oil production and proposed control of copper output are for the purpose of (Continued on page 3) Majestic Is Forming Own Producing Unit Majestic is organizing its own pro- ducing unit and will drop all outside ; producers, it was stated yesterday fol- lowing a series of meetings held here of directors and franchise holders of the company. Pictures yet to be com- pleted on the current schedule and the 1934-35 schedule will be made by the new unit, which will be headed by a producer to be selected by Herman Gluckman, president. Gluckman plans to leave for the coast shortly and will stay there for (Continued on page 3) "U" to Test Chicago Reel Decree Sunday Chicago, March 23. — Exactly how far Mayor Kelly is prepared to go in backing his order banning riot scenes in newsreels will be known Monday following the showing in ' local theatres on Sunday of the latest j Universal Newsreel release contain- ing shots of violence during the taxi ■ strike in New York. The Universal ; home office is deliberately ordering these scenes included with the inten- ' tion of establishing a test case. Busy Already Milwaukee, March 23.— Al- though the M.P.T.O.A. con- vention in Los Angeles is still a couple of weeks off, the Wisconsin delegation to the confab already is preparing to swing the 1935 convention to Milwaukee. Scope of NRA Review Board May Be Broad Technicians May Figure In Independent Setup Washington, March 23. — Possibili- ties that the National Recovery Re- view Board may build up an organi- zation of considerable size are seen in the injection into its proceedings of technical phases which can be intelli- gently dealt with only by men exper- ienced in the industry involved. If the board determines to operate absolutely free from all existing or- ganizations, it will call upon neither the Recovery Administration nor code authorities for information regarding technical questions. Although nothing has been disclosed as to the questions to come before (Continued on page 4) Legitimate Ticket Control Plan Ready Washington, March 23. — Definite recommendations for dealing with the problem of ticket scalping will be sub- mitted by the Code Authority and the Consumers' Advisory Board of the National Recovery Administration March 28 at the hearing on modifica- tion of the legitimate code. Proposals also will be made to ban throwaways, two-for-ones and similar methods of cutting box-office prices. Plans will be presented for expanding the power of the Code Authority to give the fullest measure of self gov- ernment to the industry, probably with the creation of regional committees in Boston, Philadelphia, Chicago, Kan- sas City, San Francisco and Los An- geles. Philadelphians Ask Censoring Publicity Philadelphia, March 23. — The Civil Liberties Union of Philadelphia has written to Samuel D. Schwartz, chairman of the Pennsylvania Board of Censors, demanding public state- ments of all censor eliminations. The union bases its demand on the (Continued on page 3) Cincy Reports Only Six Theatre Fires Cincinnati, March 23. — ■ There were only six theatre fires here in 1933, all confined to booths, resulting in an aggregate loss of $5,446.33. The largest single loss occurred at the (Continued on page 3) An Exclusive Kansas City, March 23.— Exhibitors in Kansas City are chuckling over threats of New York attorneys to file suits against every theatre which played "Rasputin and the Empress," following the London verdict of $125,000 against M-G-M in the now celebrated libel suit. The picture was an "exclusive" here and shown only at Loew's Midland, so other ex- hibitors are not worrying. Kuykendall Leaves For Three Meetings Ed Kuykendall left New York last night to attend three state exhibitor conventions prior to his departure for the M.P.T.O.A. convention in Los Angeles, April 10-12. He will join southern conventioneers at Memphis on April 6. Dallas, March 23. — The Theatre Owners Protective Ass'n of Texas, an M.P.T.O. affiliate, will hold its annual convention at the Baker Hotel here March 26. Memphis, March 23. — The Tri- States organization will meet in an- nual convention at the Chisca Hotel here on April 1-2. New Orleans, March 23.— Gulf States Theatre Owners Ass'n is all set for its two-day convention on April 3-4. Steffes Says Shun Percentage Pictures Minneapolis, March 23. — A warn- ing to exhibitors to refrain from sign- ing contracts for 1934-1935 with any distributor who insists on guarantees and percentages is sounded by W. A. Steffes, president of Allied of North- (Continued on- page 3) Myers Terms Films "Absolute Monopoly Washington, March 23. — In his brief on the Patman bill to put con- trol of the industry under the Federal Trade Commission, Abram F. Myers declares that Congress, in giving con- sideration to film bills, should "real- (Continued on page 3) Fox-Hearst Deal on Reels Up for Talks Kent, Hatrick Discuss Future Relations South Carolina Seat Tax Again Advanced Columbia, S. C, March 23. — The House has advanced to third reading a bill to relieve theaters of the so-called "luxury tax" and to tax them on (Continued on page 3) Sidney R. Kent, representing Fox, and Edgar B. Hatrick, representing William Randolph Hearst, are discuss- ing terms and conditions on Fox Movietone News and Hearst Metro- tone News, produced on both counts by the Movietonews, Inc., and expect to determine their course in the next few days. Movietonews is owned jointly by both interests. The deliberations to date are de- scribed as routine for this time of the year. If failure to arrive at an agree- able conclusion is reached, the prob- ability is that Hearst Metrotone News will be made on its own by separate crews throughout the world, begin- (Continued on page 3) Roxy Back, Saying U.K. Theatre Nears Roxy returned to New York from London yesterday, a trifle wary in his statements and inclined to say nothing beyond the prediction that a theatre, bearing his name and seating 6,000, is "not so far off" for London. Declaring he could not comment either on sites or principals, he did add two locations were under con- sideration. It is understood one of them is in the West End of London. In the meantime, Roxy's tour of Pub- lix theatres starts at the Metropoli- (Continued on page 3) Rosenzweig Goes to First Division Post Charles Rosenzweig, former general sales manager of RKO and Columbia, has joined Harry Thomas and First Division _ Exchanges as sales mana- ger. First Division, which handles Monogram in this territory, operates a string of offices throughout the East. Disney -U. A. Set Al Lichtman and Roy Dis- ney have closed another deal for continuation of release of 26 Disney shorts annually for the next three years. The series will consist of 13 Mickey Mouses and 13 Silly Symphonies. Disney hies back to the coast Tuesday. MOTION PICTURE DAILY Saturday, March 24, I93< MOTION PICTURE DAILY (Registered U. S. Patent Office) Vol. 35 March 24, 1934 No. 69 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 (Juigley Publications, Inc., Martin Quigley, President; Colvin Brown, Vice-President and Treasurer. Publication Office: 1790 Broadway, New York. Telephone CIcle 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. Clifford, manager: London Bureau: 6 Brookland Close, Hampstead Garden Suburb, Bernard Charman, Representative; Berlin Bureau: Berlin - Tempelhof , Kaiserin-Augustastrasse 28, Joachim K. Iiutenberg, 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 Lockhari, Representative; Glasgow Bureau: 86 Dundrennan Road, G. Holmes, Repre- sentative; Budapest Bureau: 11 Olaaz Fasor 17, Endre Hevesi, Representative. 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. Am pa Election Date Is Set for April 19 Annual elections of the Ampa will be held April J.9. W. R. Ferguson of M-G-M has been nominated for the presidency and Monroe Greenthal of U. A. for vice-president. No opposi- tion ticket has yet been proposed. One of the feature attractions of the Naked Truth Dinner at the Astor on April 21 will be a fashion show put on by R. M. Macy & Co. with 40 mannequins parading in costumes which will be replicas of those worn by film stars in recent pictures. Forty-five tables already have been sold for the dinner, Paul Benjamin, in charge of sales, stated yesterday. Res- ervations are being allocated as checks arrive on a "first come, first serve" basis. Capacity of the grand ballroom of the Astor is 1,500. Completes Squibb Film Audio Prod, has completed work on a seven-reel industrial film for E. R. Squibb & Sons. The production, pho- tographed at the Squibb plants and at the Eastern Service studio in Astoria, includes in its cast Fuller Mellish, C. Anthony Hughes, John Carmody and Don Gallaher. Nathan to Argentina John B. Nathan, former Paramount general manager in Central America and the northern republics of South America, has been made managing di- rector in Argentina. He sails for Buenos Aires on the Eastern Prince today to take over the new appoint- ment. Looking 'Em Over Wild Cargo' ( Van Bcurcn-Radio) Frank Buck has made a picture of real entertainment value out of his latest trek into the underbrush of Malaya. Running 96 minutes in its present form, which is somewhat longer than it should, "Wild Cargo" is interesting and well done. The editing suggested herewith merely would improve what is already very good. Pursuing his practice of capturing alive denizens of the jungle, Buck talks as his pictures show his methods of corralling elephants, jaguars, tigers, pythons and cobras and the adventures that befell him while on the job. "Wild Cargo" struck this reviewer certainly as interesting as "Bring 'Em Back Alive," while the impression persists that this latest in the Buck series has an edge to the good on its predecessor. For one thing, Buck is shown in closer contact with the dangers of hunting down wild beasts and uncontrollable reptiles, a close shave with a python attempting to chew off his arm and a thrilling short sequence wherein the hunter personally captures another of the same species, emphasizing the point. Thrills include a fight — a good one, although hardly new — between a python and a jaguar, and a set-to with an escaped cobra. In "Wild Cargo," Buck actually shows his ingenious methods of snaring his prey, the highlight being the capture of one of the animals from the branches of a lofty jungle tree by shooting down the limb on which the prize has temporarily housed itself. "'Wild Cargo" ought to be a money picture. It will lend itself easily to exploitation and lots of it. Moreover, what's said and done for the attraction will be supported by the picture itself. K A X X "Hold That Girl" (Fox) Plenty of laughs, wisecracks and human appeal in this story of a dynamic female newshound who lets nothing stand in her way to get a yarn. The girl is Claire Trevor, and with the assistance of James Dunn, a sleuth, she manages to clear many a scoop. There are a number of funny situations and the fan dance raid sequence tops them all. An audience at the Roxy yesterday was certainly amused over this team's doings. Supporting Dunn and Miss Trevor are Alan Edwards, Gertrude Michael, John Davidson, Robert McWade, Effie Ellsler and Jay Ward. As a reporter on a tabloid sheet, Miss Trevor finds herself in many a tight spot, but manages to wheedle out of them with the assistance of Dunn and others of the cast. She almost meets her doom when she steals a ride in a car which is being used by a mobster, one of Edwards' men, to take one of the gang for a ride. She is discovered as the eye- witness and complications set in until Edwards, who has met her pre- viously and expressed his liking for her, sacrifices his life to save her. She scores again, not only on the story, but also on Dunn, whom she marries. Hamilton MacFadden directed from an original by Dudley Xichols and Lamar Trotti. "Jimmy, the Gent" this morning's opener at the Strand, was rcz-ieu'cd by wire from Hollyzvood on March 2. "Once to Every Woman," last night's preview at the Rialto, was reviezved on March 16. Consolidated Film Up Y2 on Big Board High Consolidated Film Industries 454 Consolidated Film Industries, pfd 1654 Eastman Kodak 88 Fox Film "A" 15 Loew's, Inc 31% M-G-M, pfd 2454 Paramount, cts 5 Pathe Exchange 354 Pathe Exchange "A" 1854 RKO 354 Warner Bros -654 Low 454 1554 88 15 3154 24 4% 354 18% 354 Close 454 1654 88 15 3154 2454 354 1854 354 654 Net Change + 54 + 54 - 54 - 54 - % + % -54 -54 Sales 200 1,200 200 200 1.200 200 1,900 200 600 300 500 Only Two Curb Issues Listed Sentry Safety Control Technicolor High Low 54 854 Net Close Change Sales 854 Paramount F. L. Bonds U p One High Low Close General Theatre Equipment 6s '40 954 954 954 General Theatre Equipment 6s '40, ctf 854 854 854 Loew's 6s '41, ww deb rights 98 98 98 Paramount F. L. 6s '47 49 49 49 Paramount Publix 554s '50 4954 4954 4954 Pathe 7s '37, ww 92 92 92 Warner Bros. 6s '39, wd 56 5554 5554 Net Change + 54 + lA 100 200 Sales 5 +1 4 Purely Personal ► T OU B. METZGER sailed on a two i— i months' trip to Europe aboard the Gcorgic yesterday afternoon, so sonv; of his friends decided to let him pay the check at the Tavern. Araon^ those who made plenty merry were Ned Depinet, Grab Sears, Phil Reismax, Cressox Smith, Fred Mc- Coxxell, Jack Connolly, Terr, Ramsaye and Red Kaxx. Claytox Hexdrickson, formerly: ad sales manager of the Paramounl New York exchange, has been pro-' moted to assistant to Don Velde ai the home office. Velde is in charge c all ad sales. E. H. Goldsteix and Fred McCox xell exchanged greetings on the 17ti floor of the RKO building yesterday Both remembered the good old "U' days. Lou Weinberg, Rube Jackter an(. Bill Jaffe of Columbia rushing mid-day lunch at Roth's. Lou en, joyed the fish. Ray Loxg's and Frederick Col' lixs' "Maxmilian and Carlotta" ha been bought by Winfield Sheeha: for Fox. Jack Schlaifer was in Minneap* lis yesterday and is due in Omah today on a tour of U. A. branches. George Raft opens at the Ne-» York Paramount next Friday. Pictur will be "Melody in Spring." Walter Vincent will be Ed Ku^ Kendall's alternate at next Thur day's meeting of Campi. Constance Cummixgs and her hu: band, Benjamin W. Levy, sail toda on the lie de France. Primo Carnera will crowd into tl Roxy tomorrow afternoon as Howaj Cullman's guest. Roy Disney leaves for Hollywo< I Tuesday after a few weeks here <\ business. Sol Title has joined the Savi Frank Bruner on Leav Frank Bruner, who has been hrf dling publicity at the Rivoli, has be'l given leave of absence to act as Ma Pickford's personal representative f her engagements in Detroit and Phi delphia. Bruner's work will be ; sorbed by the home office staff I United Artists To Repeat Radio "Vill The 20-minute radio broadc; based on "Via Villa," which Krsj cheese nationally broadcast recen I will be repeated April 5. MOTION PICTURE DAILY Saturday, March 24, 1934 Studio Cuts Will Get No Federal Aid {Continued from page 1) improving conditions in those indus- tries, as is the regulation of timber production. All of these efforts, how- ever, are aimed at natural resources. In the field of manufactures, the main idea at present is to give work ' to a maximum number of the unem- ployed. That cannot be accomplished if at the same time the production of manufactures is curtailed. However, I a guard against overproduction for competitive purposes has been raised through code provisions prohibiting selling at less than cost, which mean that if a manufacturer produces more than his market can absorb he alone suffers and cannot use his surplus to drive out competitors by price cutting. While the situation in the picture industry is somewhat different from that in other lines of manufacture, the Government is more interested in putting people to work than in re- ducing production. Later, when all the unemployed have been returned to industry, the Government plans to get into the field of production control, but that time is not yet. Majestic Is Forming Own Producing U nit (Continued from page 1) some time to oversee production. It is planned to have a home office offi- cial always on the lot under a rotating plan which calls for a new man every 1 six months. "Wild Geese" is the first on the schedule for the new producing unit, the script having been submitted to Walter Huston, who may be cast in it. Philadelphians Ask Censoring Publicity (.Continued from page 1) fact that since the board is to function for public good and protection, the public is entitled to know the extent and nature of the protection and to I judge whether the cutting is justified ,; or not. j The letter is one of the first guns ; in the union's attempt to have the censor board eliminated, with the question of decency and morals in the movies adjudged by courts. Cincy Reports Only Six Theatre Fires (.Continued from page 1) Empire, neighborhood, where the pro- j jectors were destroyed, according to 1 report of the Underwriters' Salvage J Corps. The total of the fire loss in the city :1 amounted to only $602,839. During the year the local Universal i exchange was awarded the trophy for ; best fire prevention methods. To Rename Va. Censors Richmond, March 23. — Abram P. |] Staples, new attorney general, has c decided to reappoint the present censor y board, which includes R. C. I. Moncure, Edwin S. Reid and Mrs. John W. Chalkley. Steffes Says Shun Percentage Pictures (Continued from page 1) west, in a letter addressed to independ- ent theatre owners in Minnesota and the Dakotas. Reminding that percentage pictures threaten to "eventually put them out of business," Steffes asserts that "the theater owners in this territory who have a substantial investment are not going to be forced, bamboozled or browbeaten into signing such ridicu- lous contracts and those who have signed may rest assured that their the- atres are going to be checked." "In my opinion," he adds, "this is a legitimate business and can be kept as such if the theatre owners will act like business men at the time they sign contracts and not after they have signed them. In my opinion there is no theatre in the territory that can operate legitimately, if they pay their employes what they are rightfully en- titled to and pay all the other expense, on contracts calling for a 50-50 split." Myers Terms Films 'Absolute Monopoly" (Continued from page 1) ize that it is dealing with an absolute monopoly." Code Authority and the grievance and zoning and clearance boards are dominated by Hays members, he says. He advances this as a reason for put- ing industry control in the hands of the trade body. In discussing the 10 per cent can- cellation clause he contends that it is not an out-and-out 10 per cent can- cellation privilege. Considerable space is devoted to the campaign of the M. P. Research Council and Federal M. P. Council. South Carolina Seat Tax Again Advanced (Continued from page 1) the basis of their seating capacity. The vote was 76 to 7. Under the bill, theatres would pay a tax ranging from $1 a seat in towns of 1,500 population to $2 a seat in cities of 30,000 or more. The present law imposes a tax of one cent for each ten cents or fraction of that amount charged as admission. Proponents of the measure said it would bring in virtually the same amount as is now obtained under the admission tax. They quoted tax ex- perts as saying it would relieve the tax commission of much investigation work. Representative Gregory, one of the authors of the bill, asserted the bill would offer needed relief to the theatres. Warner-Reade Moves For Circuit Denied Efforts to check yesterday with Si- mon Fabian, co-receiver for Fox Metropolitan Playhouses, reports that Warners and Walter Reade were after the Greater New York group of the- atres were unavailing. Fabian is out of town and will not return until Mon- day. However, from an unofficial source, it was stated the reports are "unfounded." Joseph Bernhard, Warner theatre head, said yesterday that the Motion Picture Daily reporter who invited him to comment on the Warner end of the story was "the first to break the news to me that we were interested in the Fox houses." Scars Wanted Hollywood, March 23. — M-G-M advertised in the local dailies today for men of mid- dle age whose faces are dis- figured by scars, etc., for roles in "Treasure Island." A survey of actors and extras produced only 10 such char- acters with the studio looking for more than 30. Roxy Back, Saying U.K. Theatre Nears (Continued from page 1) tan, Boston, on Friday. Thereafter, he will play New York, Brooklyn, Buffalo, Detroit, Chicago and other cities to be blocked into a route at a later date. He added some angles of the British theatre which he more than half promised will develop while he is on the road. Beyond that, nothing. U. A. Men Travel Al Lichtman leaves for Bermuda to- day to recuperate from an illness which has been wearing him down. He'll be gone several weeks. Arthur W. Kelly hies to the coast today en- route for Australia. Toledo Palace Opened Toledo, March 23. — The Palace, closed all winter, has been reopened. Fox-Hearst Deal on Reels Up for Talks (Continued from page 1) ning with the advent of the 1934-35 season around Labor Day. Reported tied in with the latter eventuality as an important factor is Herbert J. Yates, president of Con- solidated Film Industries, Inc. He is reputed to have made an offer involv- ing financing of Metrotone News on its own and would handle all labora- tory work under the deal which he is said to have advanced. Fox Movietone News and Hearst Metrotone News have been produced jointly since 1929. "One Night" in 5th Week Hartford, March 23. — "It Hap- pened One Night" started its fifth week at the E. M. Loew here today, being the first film ever to have played a Connecticut theatre more than two weeks, it is said. In its first four weeks the picture played to 82,000 admissions. D. C. Hickson to Speak New Orleans, March 23.— D. C. Hickson, division operations manager for Erpi, will be one of the guest speakers at the Gulf State Theatre Owners Ass'n convention here April 3-4. California . - . He'll be there! 7 m He may make it by the skin of his teeth, but Mr. Wise Exhibitor will be right on time for the important MPTOA get-together in Los Angeles in April. He knows he can't afford to be counted among the missing! 1 MOTION PICTURE DAILY Saturday, March 24, 1934 Scope of NRA Review Board May Be Broad (Continued from page 1) it Monday at the hearing on the film industry, it is understood that some of the complaints involve practices of which the layman has no understand- ing, and while, of course, both sides will be presented, members of the in- dustry are wondering how the board will know which is right unless it calls upon and accepts the views of experts in the Recovery Administration, or members of the Code Authority, or secures experts of its own. Crowd Close to Riot At T ashman Funeral A crowd almost caused a riot yes- terday afternoon in its struggle to catch a glimpse of screen and stage celebrities at funeral services for Lil- yan Tashman at the Universal Funeral Chapel, Lexington Ave. and 62nd St. Three women were hurt in the milling. Among those who joined with Ed- mund Lowe, her husband, in mourning for Miss Tashman, who died in Doc- tors' Hospital Wednesday from a tu- morous condition, were Mary Pick- ford, Tallulah Bankhead, Jack Benny, Fannie Brice, Eddie Cantor, Francine Larrimore, Bert Lytell, William Pow- ell, Nita Naldi, Major Edward Bowes, Jack Pearl, Clifton Webb, George White, Cecil Beaton and Sophie Tuck- er. Cantor delivered the eulogy and Rabbi Samuel H. Goldenson of Temple Emanu-El officiated. Burial was in Washington Ceme- tery, Brooklyn. States "Sigmatism" Prevails on Screen Most actors and actresses are suf- fering from "sigmatism," according to James F. Bender of the Public Speak- ing Department of the College of the City of New York. It is caused by pressing the tongue against the teeth rather than the high palate. Frederic March and Ann Harding have the best screen voices, he says, with William Powell, John Barry- more, Warner Baxter and Lewis Stone following among the men, and Mary Astor, Myrna Loy, Jean Muir among the women. Katharine Hep- burn has spoiled a good speaking voice by "her English affectations," he says. Garbo has improved, he says, but she is still "suffering from a low- tongue position for the articulation of nine consonants." Anna Stein and Marlene Dietrich have the same fault, he states. The remedy is a "speech dictator," he declares. Agents* Pact Signed Hollywood, March 23. — The new proposed agents' pact with the State Labor Commission, apparently settled day before yesterday, was brought back again today for changes in a few minor technical phrases and was finally signed. The document is now on its way to San Francisco for state approval. Who? What? When? ["Holiday" Is Who are the latest appointees on code boards announced by Code Authority in New York? More thumbnail sketches, gathered by Motion Picture Daily correspondents, furnish the answer : Cleveland Cleveland, March 23. — Joseph N. Ackerman, impartial member on clearing and zoning, has been practic- ing law in Cleveland for the past 20 years. Nine of those years were spent as a state senator, during which time he was always a champion of the industry. He was one of the leaders against the state "blue laws," and the passage of the Sunday show bill was largely due to his efforts. As chair- man of the state legislative committee, he led the state prohibition repeal movement. Last fall Ackerman was elected to the municipal bench for a six-year term by the largest majority ever re- corded in Cleveland. He is a graduate of Columbia University. Des Moines Des Moines, March 23. — Clyde Hulsizer, impartial member on clear- ance and zoning, is a native Iowan, age 56. He is a graduate of Grinnell College and a resident of Des Moines since 1901. Having first come to this city as an instructor and coach in a local high school, Hulsizer later es- tablished his present business as a manufacturer and importer of art flowers and foliages in 1903. Starting modestly, Hulsizer, Inc., does a na- tional business. He served for two years as president of the National Dis- play Equipment Manufacturers' Ass'n. and has been rather active as a Ro- tarian, having served as a director on Rotary International and on several other international committees. Hul- sizer lives on a dairy and hog farm just outside of the city, owns a rather good herd of dairy cattle and is inter- ested in agricultural problems to a degree that stamps this interest as his hobby. Washington Washington, March 23. — Edmund H. Toland, impartial member on grievances, is a graduate of George- town University, a former special as- sistant to the attorney general of the United States and is now associated in the general practice of law with William E. Leahy. He has no finan- cial interest in the film industry. Hector G. Spaulding, impartial member on clearance and zoning, was born in North Dakota in 1879, but spent most of his boyhood in Europe. This includes one year in Breslau and eight in Paris, where his father, John H. Spaulding, was practicing dentis- try. Professor Spaulding is descended from Edward Spaulding, who settled in Jamestown, Va., from England, in 1619. In Paris he attended the Lycee Janson de Sailly and received his higher education in Minneapolis, where he graduated from the Univer- sity of Minnesota in 1900 with a B.S. degree. He was given a law degree at Harvard in 1903, and thereafter practiced law in New York, Minne- apolis and Chicago. At present a member of the faculty of the law school of George Washington Univer- sity. Professor Spaulding's law teach- ing experience consists of one year at Stanford University (1914-15), and at George Washington since 1920. In 1923-24 he had another year at Har- vard, where he received his degree as doctor of juridical science. In 1922 he married Augusta de Laguna of Oakland Cal., and from that union there has been one son, now aged eight. Mrs. Spaulding also is a law- yer and, like her husband, tutors at law. Professor Spaulding has lec- tured on contracts, equity and ad- ministrative and constitutional law. but his avocation is music, piano and voice. Additionally, Professor Spauld- ing is a director of the Juvenile Pro- tective Ass'n in Washington and, as such, has been active in a move to arrange appointment of a person well qualified, in his opinion, to handle juvenile court matters. He is a mem- ber of the Cosmos Club, American Law Institute, the Masonic fraternity, the American Bar Ass'n, the Acacia fraternity and the Phi Alpha Delta legal fraternity, as well. Finnegan May Be Replaced in K. C, Kansas City, March 23. — Inquiry today by the Code Authority whether Dr. Paul Lux, local physician, would be acceptable as an impartial member of the grievance board indicates that Thomas J. Finnegan may be removed. Jay Means, I. T. O. president, and two others also received telegraphic in- quiries and wired their approval. Means, who is a member of the grievance board, feels that Lux is more acceptable than Finnegan, and has filed a mild protest with Division Administrator Rosenblatt against the latter's appointment. Others have also questioned his appointment. "All Quiet" Date Set Hollywood, March 23. — "All Quiet on the Western Front," which is be- ing reissued by Universal, will open here March 29 at Pantage's Holly- wood. Boston Smash With ,$34,000 Boston, March 23. — Boston grosses continued well up during the week, although showing a slight decline in the total from the previous week. "Death Takes A Holiday," with a stage show, at the Metropolitan was high for the week, filling the theatre at all performances and rolling up a total of $34,000 for one of the best weeks in a long time. Both RKO houses grossed well, Keith's going $5,000 above par with "It Happened One Night" while the Boston was up $4,000 with "Coming Out Party." Total first run business for the week was $110,500. Average is $95,000. Estimated takings for the week end- ing March 15 were : "COMING OUT PARTY" (Fox) BOSTON— (2.900), 2Sc-50c, 7 days. Stage: "Midway Nights" and "Streets of Paris." Gross: $20,000. (Average. 516.000.) "DARK HAZARD" (F. N.) "SHE MADE HER BED" (Para.) FENWAY— (1.800). 50c-50c, 7 davs. Gross: 58.500. (Average. $9,000.) "IT HAPPENED ONE NIGHT" (Col.) KEITH'S — (3.500). 30c-50c, 7 days. Gross: $21,000. (Average. $16,000.) "LOOKING FOR TROUBLE" (U. A.) LOEWS STATE— (3.700), 35c-50c, 7 days. Vaude. Gross: $18,000. (Average. $16,000.) "DEATH TAKES A HOLIDAY" (Para.) METROPOLITAN — (4,350). 30c-65c, 7 days. "Carnival Capers" revue. Gross: $34,000. rAverage. $28,000.) "DARK HAZARD" (F. N.) "SHE MADE HER BED" (Para.) PARAMOUNT— (1.800), 30c-50c. 7 days. Gross: $9,000. (Average, $9,000.) More Code Boards Set Changes and shifts of personnel in the Philadelphia, Boston, Minneapo- lis, Portland and New York code boards were practically completed by the committee on selections yester- day. Some of the boards are now definitely set, and it is hoped that the balance will be designated next Wednesday at another meeting, be- fore the Campi meets again. "U" Buys "Swiss" Hollywood, March 23. — Universal has bought "Swiss Family Robinson." Opportunity Desired with Miijor Producer New York attorney thoroughly experienced in legal business and negotiations in conjunction with production department, asso- ciated with and handled important motion picture transactions and accomplished things in this industry; also admitted to the California bar and practiced in that state. Seeks an opportunity with production department of major company in studios at West Coast to handle company business in conjunction with home office. Want opportunity of studying and acquiring the production knowledge of business. Highest references. Box RAS, MOTION PICTURE DAILY I 790 Broadway New York, N. Y. The Leading Daihr Newspaper of the Motion Picture Industry MOTION PICTURE DAILY Alert, Intelligent and Faithful Service to the Industry in All Branches ol. 35. No. 70 NEW YORK, MONDAY, MARCH 26, 1934 TEN CENTS ^ew Concerns For St. Louis Clearance Board of 12 Is Sought for New York NIRA Labor Clause Faces Vi Deal Are Set Want Skourases to Back Part of Bond Issue St. Louis, March 25. — Details of 'the proposed plans for reorganization tif the Ambassador, Missouri and Orand Central theatres, which, the backers hope, will be approved by the !U. S. District Court and take the properties out of receivership, have been made public by Thomas N. Dysart, chairman of the first mortgage bondholders' committee. I As has been already stated, the big factor in the reorganization will be Allen L. Snyder, formerly vice-presi- dent of the Stone & Webster Engi- neering Corp.. and now head of a storage battery concern. Under the plan the present bond- holders would become owners of the Ambassador and Missouri theatre buildings and the leasehold on the Grand Central through an exchange jf their present bonds for bonds and common stock in two Missouri corpo- rations to be organized by Snyder to acquire title to the properties. One of the new corporations would I {Continued on page 6) Majestic Decides on Finishing Schedule Majestic has definitely decided to complete its current lineup of eight pictures. "Wild Geese," the first, is slated to start within the next few weeks. Herman Gluckman, president, plans to leave for Hollywood this .week to complete negotiations for a studio and a producer. Pictures to be made on the 1933- 34 schedule include in addition to "Wild Geese," the following : "My Life." "The Rosary," "Husband Hunters," "An Entirely Different Woman," "Gaily I Sin," "The Diary of a Bad Woman" and "The Laugh- ing Woman." About 12 features are planned for •1934-35. Two Theatre Issues On File in Capital Washington, March 25. — Security issues of the Paramount, Portland, Ore., and the Capitol, Wheeling. W. Va., have been filed with the Federal Trade Commission under the Securi- ties Act, it was learned yesterday. ; Both are reorganization projects call- | mg for the deposit of securities of the ■ concerns with bondholders' protective , committees. Recommendations for increasing the Xew York clearance and zoning board to 12 are now before the com- mittee on selections, which is mull- ing over the plan. The suggestion does not carry with it a similar boost for the grievance board. Some members of the committee are frowning on the idea of doubling the regular lineup for clearance and zon- ing, but proponents of the plan are anxious to incorporate in the struc- ture all of the important local thea- tre interests. The recommendations have gone back to the committee, which again meets on Wednesday to decide on the issue. Code Authority — Campi — will have to approve if the committee de- cides to approve the suggestion. This would mean dropping of the three (Continued on page 6) Finnegan to Stay, Rosenblatt Rules Kansas City, March 25. — Protest by Jay Means, president of the I.T.O., against appointment of Thomas J. Finnegan as impartial member of the Kansas City grievance board has brought the reply from Division Ad- ministrator Sol A. Rosenblatt that the appointment will stand. While Means is reluctant to discuss the matter, it is understood his objec- tion to Finnegan was based primarily on the fact the government member is a Democratic ward committeeman here and the suspicion he may permit political considerations to influence his (Continued on page 3) All Boards Thus Far Set Meet This Week Practically all of the clearance and zoning and grievance boards officially set will meet this week to get orga- nized and submit recommendations for quarters and secretaries. Last week manuals on operations were sent to all industry and impartial members of the boards with instruc- (Continvcd on pane 3) Philadelphians to Fight Rental Boost Philadelphia, March 25. — Mem- bers of the M.P.T.O. of Eastern Pennsylvania, Southern Jersey and Delaware will head westward to the convention with axes sharpened against the rumored cost increases of films. With increased cost of operation under code regulations and the fact (Continued on page 6) Another Declines Atlanta, March 25. — Arthur Lucas, who replaced Lionel H. Keene of Loew's as affili- ated exhibitor representative on grievances, has advised Campi — Code Authority of the M. P. Industry — of his inabil- ity to serve. He gives his reason as pressure of busi- ness. Review Board Finds Fight On Its Hands Washington, March 25. — Presi- dent Roosevelt's National Recovery Review Board, preparing to hold a hearing Monday on the code, Satur- day found itself facing a fight for life as officials of the NRA, aroused over failure of the board even to notify them that hearings were contem- plated, prepared to protest to the White House. So far as could be learned Saturday, neither members of the Code Authority nor officials of the Recovery Administration had been invited to appear before the board to (Continued on page 3) Prince Edward Talks About Censor Board Toronto, March 25. — Prince Ed- ward Island proposes to set up a censorship board because of com- plaints said to have been received against a British film, "The Private Life of Henry VIII." Film ex- changes are concerned because the creation of a censor board would necessitate opening a branch office in Charlottetown, capital of the island, which has but four theatres operating and which is the only province in the Dominion without a board of censor- ship. Construction Picks Up Around Virginia Richmond, March 25. — New con- struction and theatre improvements in this territory are regarded as increas- ing signs of prosperity. One new house, the Patrick Henry, was recently completed at a $75,000 (Continued on page 6) Test in Court Constitutionality to Be Attacked on Appeal An attack on the constitutionality of the labor clause of the National Industrial Recovery Act is in progress in New York State, with the possi- bility that it will reach the U. S. Supreme Court. It involves the reinstatement of 55 operators employed by members of the I.T.O.A. Two cases covering the controversy have been in progress for some time. Both were brought by Local 306, I.A.T.S.E., one in the form of a complaint to the Regional Labor Board and the other in the N. Y. Supreme Court. The board ordered the reinstatement of Local 306 men and Judge Collins ordered 11 theatres to reinstate 55 men without naming their union affiliations. Milton C. Weisman, attorney for the I.T.O.A., secured a stay from the Appellate Division preventing enforce- ment of either Judge Collins' order or the Regional Labor Board ruling until the Court of Appeals has ruled. Weisman predicts that if the ruling is against his clients he will take the case to the U. S. Supreme Court. Briefs are to be filed by Weisman (Continued on page 3) Reservations Piling In for MPTOA Parley Reservations are beginning to pour in for the M.P.T.O.A. convention in Los Angeles April 10-12. Wisconsin will have its own car, to be attached to the special leaving Chicago over the Rock Island into El Paso and then further west on April 6. Love B. Harrell of the Southeastern Theatre Owners' Ass'n has requested 100 identification cards, while 20 have been requested from the M.P.T.O. of South Carolina. One group of South- ern exhibitors will leave Memphis in a special car. German Films Given Protection Promise Berlin, March 25.— Increased pro- tection for German films against foreign competition was promised for the near future by Propaganda Minis- ter Paul Goebbels at a meeting of representatives of the German film industry here. Producers adopted a resolution de- claring that because German studios (Continued on page 6) MOTION PICTURE DAILY (Registered U. S. Patent Office) Vol. 35 March 26, 1934 No. 70 Martin Quigley Editor-in-Chief and Publisher MAURICE KANN Editor JAMES A. CRON Advertising Manage) 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 CIcle 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. Clifford, manager; London Bureau: 6 Brookland Close, Hampstead Garden Suburb, Bernard Charman, Representative; 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 Malpassnti, 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: 11 Olaaz Fasor 17, Endre Hevesi, Representative. 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. Garyn on Sales Trip W. P. ("Pat") Garyn, now identi- fied with the United Newsreel Corp., left for a swing through the Middle West yesterday by auto. He plans to take in Pittsburgh, Cleveland, Detroit, Chicago, Milwaukee, Kansas City and St. Louis in the interest of "Broad- way Gossip" and "The American Ex- plorers" series. Kuykendall in St. Louis St. Louis, March 25. — Ed Kuyken- dall stopped over today en route from New York to Dallas. While here he conferred with Fred Wehrenberg and members of his M.P.T.O. unit in regard to the code and annual con- vention of the national organization. MOTION PICTURE ALMANAC 1954-35 NOW /A/ PMPA/iA T/OAf WHERE THE WORLD LOOKS FOR. MOTION PICTURE PRICt fact* MOTION PICTURE DAILY Monday, March 26. 193" IT was made and released as "Fashions of 1934." Then Warners did some inserting and the monicker became "Fashion Follies of 1934." Fox, with much invested in and much anticipated from its own "Fox Movietone Follies," objected through a Hays board of mediation and won out. "Follies" came out of the War- ner picture, but "Frolics" went in. Fox publicized that case and advertised change of its "Follies" to "Stand Up and Cheer," hop- ing, no doubt, audiences will do just that. . . . T Nothing, however, has been said about another case of title similarity. Fox bought "Music in the Air," a successful Broad- way musical, at a price lurking around the $50,000 mark. Fact that Warners are bouncing through with an opus called "Rhythm in the Air" made Fox no likee the idea and precipitated another protest to the Hays or- ganization. Innocuous enough and sans any explanation comes the Warner change now to "Twenty Million Sweethearts." Maybe tying in with these two incidents, maybe not, is the understanding Fox1 either won't sell the Warner circuit next year or Warner won't buy. . . . T Row over the proposed code hearings in Washington today before the National Recovery Board of Review is no particular surprise. Campi — Code Author- it)' of the M. P. Industry to von — hadn't been notified by thp NRA of any specific cases of complaint scheduled to come un today. . . . House ad : Biogs of code board appointees, as per serial publication in Motion Pic- ture Daily, are being filed regu- larly and carefully by Division Administrator Rosenblatt's staff in Washington. Ditto, by Campi in New York. . . . T Mort Shea still has a finger in the operating pie which is the Paramount, Brooklyn. The house officially is being managed by Extension Theatre Corp., of which Shea is president. How- ever, Paramount is booking stage shows. Bill Raynor, as you may have noticed, has not been moved in all the talk of the house going back to Para. . . . Warners can keep the Shubert Rialto in St. Louis for 15 years if they like. They can also drop out in less than that many months if the squabble over the Ambassador, Missouri and Grand Central gets straightened out. It's that kind of a lease. . . . T Metro is chewing fingernails, it's so excited over releases in the immediate offing. Down there, they point with pride and no par- don to "Riptide." "Viva Villa." set for the Criterion soon at ad- vanced prices : "Men in White." "Sadie McKee," "Tarzan and His Mate" and "Hollywood Party" as springtime revival hop for ex- hibitors. . . . Hostilities crack- ing on several fronts between RKO and Walter Reade are in- tensifying around the Lincoln theatre in Trenton. Bonds, lease- holds and the rest of it make up the ammunition. . . . ▼ Funny business at lunch the other day was the playful sugges- tion of Grad Sears that a check- ing organization to check check- ers be formed. Warning Lou Metzger. now a first run operator in San Diego and constantly re- minded of it by his former con- freres in distribution in New York, that two checkers were being designated to accurately clock the Spreckels, Lou replied: (Continued on page 6) Pathe "A" Off i/2 on Big Board High 2634 Columbia Pictures, vtc Consolidated Film Industries Consolidated Film Industries, pfd \(,i/2 Eastman Kodak go' ~ "Fox Film "A" 1514 Loew's. Inc 3354 90 Loew's. Inc.. pfd Paramount, cts Pathe Exchange 314 Pathe Exchange "A" 10'^ *K° - 3K Warner Bros est Low 2654 454 16 8854 155* 32 90 434 35* 1634 Close 2654 4'A 165* 89 155* 325* 90 454 35* IS 3*A 654 Net Change + 54 +1 + 5* + 3* - 5* - 54 + 54 Technicolor Up on Curb Teclinicolor g., High Low Close 8*4 Pathe Bonds Up % High General Theatre Equipment 6s '40 934 Loew's 6s Ml, ww deb rights 9854 Paramount Broadway 554s, '51 34 Pathe 7s '37, ww 9254 Warner Bros. 6s '39, wd 55J4 Low 9^ 9854 33^ 9254 5454 834 Close 934 9854 34 92?4 5454 Net Change + 54 Net Change + 54 +134 + 34 Sales 100 700 800 300 400 2.100 100 800 3,100 3.800 400 2.200 Sales 100 Sales 10 2 2 1 3 ' You've never seen anything like it j j before! It has the stamp of true , greatness! Frank Borzagc's "NO » I GREATER GLORY," based on | I Ferenc Molnar's world famous . I novel. Columbia took two great stars and made them greater stars! Hundreds of critics agreed on one fact — CLARK GABLE andCLAUDETTE COLBERT in Frank Capra's "It Happened One Night," were never better! The screen's greatest star in the screen's greatest comedy triumph! JOHN BARRYMORE in "20th Century," with Carole Lombard, Walter Connolly and Roscoe Karns. Screen play by Ben Hecht and Charles MacArthur. A Howard Hawks production. J ii Monday. March 26. 1934 MOTION PICTURE DAILY NIRA Labor Clause Faces Test in Court (Continued from [•ape 1) and NRA attorneys in Albany on April 2. "We are not opposed generally to the principles of the NRA," Weisman stated. "We believe that in various quarters the NRA is being given an interpretation that is directly contrary to the general spirit of the act and is monopolistic in favor of and for Local 306 and its foster child, now openly taken into it, Empire. The interpretation is oppressive to other labor associations and would give Local 306 a perpetual franchise and monopoly in furnishing operators. "We feel and know the Supreme Court of the United States in the Adair case has held that the right of ,an employer to employ whom he sees fit is not to be denied him. "For Benefit of Local 306" "Under the strained interpretation which is being promulgated this fun- damental concept is denied. Further- more the denial is for the benefit of Local 306 and not for the advancement •of recovery, or to further the inter- mits of working persons. This is evi- dent in the fact that the Regional Labor Board has held the fact that itlie new and other employes are work- ing under shorter hours and receive more pay makes no difference. The board has held that where a contract with an employe has expired, the em- ployer may not even, for cause, change his employes and the fact that the contract has not been efficiently filled In the workers and that it was origi- nally obtained through intimidation and coercion is not to be considered. "Such ruling and holding in effect Igives the inefficient, dishonest and unreliable employes a virtual life posi- tion and saddles the employer with a burden he cannot bear and which we feel the XRA never intended he should." All Boards Thus Far Set Meet This Week (Continued from page 1) tions to the independent first run ex- hibitor on clearance and zoning and the affiliated distributor on grievance boards to get together and hold joint sessions of both boards. Campi (Code Authority Motion Picture Industry) still hopes to have the boards in operation by April 1. All members of the boards do not have to be present for the informal meetings to be called, Code Authority has informed them. As long as there is a quorum present the meeting can be held. Special forms for filing complaints with grievance boards will be sent out this week in order to insure uniform procedure. Another purpose of the form is to avoid legal action on com- plaints. Who? What? When? Who are the latest appointees on code boards announced by Code Authority in New York? More thumbnail sketdies, gathered by Motion Picture Daily correspondents, furnish the answer: San Francisco Ricketson Confers Here Rick Ricketson, division manager for F. W. C. in Denver, is in town for conferences with the Skourases j and Chase National Bank officials on " reorganization of Fox Rocky Moun- tain Theatres. San Francisco, March 25. — Chaiu.es H. Muehlman, represent- ing affiliated national distributors on the San Francisco grievance board, is a former legitimate stage press agent who once operated the Savoy, now the President Theatre, here. From 1915 to 1918, he was local exchange manager for Fox and later an assist- ant to Joseph M. Schenck in New York. From 1918 to 1929, Muehlman was manager for Associated Produc- ers locally and then manager for First National. There naturally followed his affiliation with Warners, for whom he is now branch manager in San Francisco. He is a member of the Film Board of Trade and of the Olympic Club. Barney Rose, representing unaffili- ated distributors on grievance, was born on July 18, 1899, at Denver and gathered his education in high schools. From 1918 to 1922, Rose was a sales- man for Arrow Film, with which W. Ray Johnston, now president of Mon- ogram, was associated for years. His first period of employment with Uni- versal got under way on Nov. 24, 1923, as a salesman, later becoming manager in Indianapolis. Since that time, he has been attached to the "U" exchanges in a number of cities, including Milwaukee, Cleveland, Minneapolis, Salt Lake, Denver and now San Francisco where he is the current manager. He came on from Denver about a year ago where, in addition to his official post with Uni- versal, Rose was president of the Film Board. Cliff Work, representing affiliated exhibitors on grievances, is at present in charge of RKO theatre activities here and manager of the Golden Gate Theatre (3,700 seats). Earlier, he was a Pacific Coast divisional manager for the same circuit and opened the Golden Gate 12 years ago. When Nat Holt, another Californian who is now in charge of RKO houses in Cleve- land, was handling the former Libson string in Cincinnati, Work was on his staff. He is active in public relations work and a member of the California Theatre Ass'n. Aaron Goldberg, representing un- affiliated exhibitors on grievances, is the manager and sole owner of five and 15-cent houses in Market St. He is credited with having opened the first nickelodeon, the Peerless, on June 22, 1912. and is a member of the Independent Theatre Owners' Ass'n. Goldberg has no affiliation in the oper- ation of his five houses. They are the Circle (400), Egyptian (390), Peerless (300), Silver Palace (300) and Unique (300). A. C. Scales, impartial member on grievances, is director of the member- ship department of the San Francisco Chamber of Commerce, with which he has been identified for the past three years. He is a former member of the firm of Brooks and Scales, tire dis- tributors, former manager of the Moreland Motor Truck Co., president of the California Golf Club, and pres- ident of the Men's Cathedral Club of the Grace Cathedral Church. G. C. Parsons, representing affili- ated national distributors on clearance and zoning, was a branch manager for Goldvvyn Pictures and subsequently for M-G-M here since May 9, 1920. He is a former exhibitor with Balti- more as his scene of operations and at one time managed the Triangle ex- change here. Parsons also is a mem- ber of the Film Board. Floyd St. John, representing un- affiliated distributors on clearance and zoning, came here as a manager for World Film under Ricord Gradwell and later opened an independent ex- change as Cooperative. He is one of the original founders of Monogram and today distributes that company's product in northern and southern California. St. John operates two of- fices, one here and the second in Los Angeles. He is a member of the Monogram board of directors. A. M. Bowles, representing affili- ated first runs on clearance and zon- ing, is general division manager for Fox West Coast in Northern Cali- fornia. He launched his film career years ago as an exhibitor in Liver- more, Calif., then worked for Pathe as a salesman. Later joining Turn- er and Dahnken, Bowles became man- ager of the Tivoli, and subsequently general manager of the T. & D. cir- cuit after which he began his present association with FWC. Bowles is president of the California Theatre Ass'n, is active in public relations work and is regarded generally as one of the outstanding figures in ex- hibition in this neck of the woods. In Bowles' division are the Cali- fornia (1,000 seats), Campus (1,500), U. C. (1,000) and United Artists (1,646) in Berkeley; Peninsula (1,800) in Burlingame; Kinema (1,400), Fox State (1,200), White (1,000). and Fox Wilson (1,800) in Fresno; Fox Oakland (3,500), Fox Senator (1,642), Orpheum (3,700), Grand Lake (1,700), New State (1,536) and Paramount (3.400) in Oakland; Fox Stanford (1,440) and Fox Varsity (875) in Palo Alto Monache (816) in Porterville ; Se- quoia (1,200) in Redwood City; Fox California (1,544) in Richmond; Al- hambra (2,000), Capitol (1,100), Hippodrome (1,705) and Senator (1,703) in Sacramento; Fox Califor- nia (1,210) in Salinas; California (2,348), El Capitan (3,500), New Rialto (1,500), Paramount (3,000); St. Francis (1,400), Embassy (1,200). and Warfield (2,670) in San Fran- cisco; California (2,067) and Mission (1,200) in San Tose; California (2,359) and Fox State (1.200) in Stockton; Grand (700) in Tracy; Senator (1,000) and Fox Virginia (1,000) in Vallejo; Appleton (956) md Fox California (1,170) in Watson- ville. (Continued on page 6) Review Board Finds Fight On Its Hands (Continued from page 1) answer the charges which will be heard Monday. Only those who have formally asked permission to appear will be permitted to testify at the hearings, it was said, a rule which, if enforced, will make it impossible for the Ad- ministration to present its side of the case. Advised through the trade press of the hearing upon his return from New York, Division Administrator Sol A. Rosenblatt has called off a proposed trip to New Orleans in or- der that he may attend. Officials of the Administration Saturday were represented as highly resentful over the procedure followed by the board and preparing to go to the White House to protest the mak- ing of any report by the board until the Administration's side had been presented. It was pointed out that under the policy of the board opponents of codes, who were given full opportuni- ty to present their views during nego- tiation of the agreements, can now go to the board with the same argu- ments, without any one to confront them with alternative testimony or cross examination. Finnegan to Stay, Rosenblatt Rules (Continued from page 1) vote. When Motion Picture Daily recently informed Means of Finne- gan's appointment, the I. T. O. head declared : "That will never do." Rosenblatt, in reply, is understood lo have informed Means that recom- mendations for the impartial posts in Kansas City were made from various sources, including the I. T. O., and since an insufficient number of names had been submitted, additional recom- mendations were asked for. Finnegan's name thereupon was submitted as a highly respected and competent citi- zen, which description was verified in a check with the Chamber of Com- merce and leading citizens, and the appointment followed, Rosenblatt is said to have told Means. Another consideration that is re- liably reported to have caused the pro- test is that Finnegan, who has been zone sales manager here for Collier's 30 years and for a long time active in politics, is not well known among the suburbans. Means has never met him. Several who know Finnegan approve his appointment and say they feel cer- tain politics will have no bearing on his decisions. Means said no further protest on Finnegan's appointment will be filed either by him or his organization. He is trying to ferret out the source of the recommendation. "Villa" to Criterion Opening of "Viva Villa" at the Criterion April 6 inaugurates the first of a series of two-a-day roadshows planned by M-G-M. The deal for the Criterion was closed Saturday and marks the initial M-G-M release in that house since "Mare Nostrum" about eight years ago. 1 STEP OUT WITH Edna Ferber's CLAMOUR 1 ILL TELL THE WORLD UNCERTAIN LADY m THE BLACK CAT | : LITTLE MAN/ : WHAT NOW) ► PAUL LUKAf Phillip Reed, Doris Lloyd, Joseph Cawthorn, ^ONITAN^E °nd many others- Directed by WILLIAM 1 WYLER. A B. F. ZEIDMAN PRODUCTION. CUMM1N0S LEE TRACY GLORIA STUART ROGER PR /OR Onslow Stevens, Alec Francis, Lawrence Grant and many others. Screenplay by Dale Van Every and Ralph Spence. Directed by Edward Sedgwick. Produced by Carl Laemmle, Jr. DWARD EVERETT HORTON GENEVIEVE TOBIN ■nun BORIS KARLOFF BELA LIKOfI 1 Renee Gadd, Paul Cavanagh, Mary Nash, George Meeker, Dorothy Peterson. From a play by Harry Segall. Directed by Karl Freund. Produced by Carl Laemmle, Jr. David Manners, Jacqueline Wells, Lucille Lund, Andy Devine. Story by EDGAR ALLAN POE. Directed by Edgar Ulmer. Produced by Carl Laemmle, Jr. ARGARET (ULLAVAN DOUGLASS MONTGOMERY, Mae Marsh, Fred Kohler, George Meeker, Hedda Hopper. Novel by Hans Fallada. Screenplay by William Anthony McGuire. Produced by Carl Laemmle, Jr. Directed by PRANK BORZA6E Presented by CARL LAEMMLE MOTION PICTURE DAILY Who? What? When? 6 New Concerns For St. Louis Deal Are Set l Continued from page 1) take up the securities of the Central Properties Corp., which originally floated a bond issue of $4,500,000 against the Ambassador and Grand Central, while the second new com- pany would exchange its bonds and stocks for those of the St. Louis Properties Corp., which floated an issue of $2,000,000 against the Mis- souri theatre and office building. There is now outstanding $6,503,875 unpaid principal and interest under both bond issues. A decree of fore- closure was entered by U. S. District Judge Charles B. Davis last Decem- ber, but the date for sale by Special Master Nelson Cunliff has not been announced. Less Interest on Bonds The old bonds bore six per cent interest while the new bonds would carry five per cent and mature in 15 years, but there is a provision that the interest shall be paid out of net earnings to the extent they will suffice. Both corporations would be author- ized to issue income bonds to the total principal amount of the present first mortgage bonds. In addition to the new income bonds the present bond- holders would also receive voting trust certificates on the basis of one share for each $100 of deposited first mortgage bonds, but the aggregate of these is not to exceed 65 per cent of the capital stock of the new corpora- tions. Of the remaining stock, 25 per cent would be prorated among first mort- gage bondholders who deposit such securities as a reward for their co- operation. The remaining 10 per cent would be treasury stock to be issued to directors for qualification purposes. The capital stock of the new com- pany to take over the Missouri would consist of 30,000 shares of $1 par value common stock, while the con- cern that will take the Ambassador and Grand Central would issue 61,500 shares of $1 par value common stock. Both would be placed with seven vot- ing trustees. Will Guarantee Principal Under the plan Spyros P., Charles P. and George P. Skouras and C. M. Turley, who guaranteed the payment of some of the former first mortgage bonds, will also guarantee the princi- pal of the new bonds in an amount equal to the share of the depositing first mortgage bondholders in the defi- ciency which will result from the sale of the mortgaged properties. It is ex- pected that this new guarantee by the Skouras Brothers and Turley will be accepted in lieu of the old guarantee. The protective committee also -pro- poses to lease the Ambassador, Grand Central and Missouri for a period of 10 years. Under the Missouri lease the rental would be 15 per cent of the weekly gross with a guarantee of $1,000 and for the Ambassador and Grand Cen- tral the rental would also be 15 per cent of gross income with a minimum of $2,350 a week for the first two years, $2,550 a week for the next three (Continued I H. V. Harvey, representing unaffili- ated first runs on clearance and zon- ing, is vice-president of the Harvey rtmusement Co., president of the Ma- dera Amusement Co. and secretary of the Independent Theatre Owners Ass'n. He started his activities as an exhibitor in 1919, operating the Y\ M. C. A. theater at Mare Island, subsequently building and operating houses in Vacaville and Dixon in ly22. Harvey has been operating in Watsonville, his home town, for the past eight years and today is inter- ested in five houses. His circuit in- cludes the Exeter (450) in Exeter; National (500) and Madera (500) in Madera; Newman (350) in Newman and Pajaro (250) in Watsonville. George Nasser, representing un- affiliated subsequent runs on clear- ance and zoning, is a member of the firm of Nasser Bros. — seven all told — who operate six houses in San Francisco and two in Alameda, all second runs. Their local string in- cludes the Alhambra (1,700), Ameri- can (800), Castro (1,100), New Fill- more (2,200), New Mission (3,000) and Royal (1,440). The Alameda houses are the Strand (1,300) and New Alameda (2,300). Nasser has been in the theatre business about 15 years and is a members of the Cali- fornia Theatre Ass'n, which is an affiliate of the national M.P.T.O.A. Morgan Walsh, second exhibitor representing unaffiliated subsequent runs on clearance and zoning, got go- ing as a theatreman 20 years ago, running a one man show. Subsequent- years ; $2,850 for the next three years, and $3,050 for the final two years. Deposits of $105,000 in cash have been made. Two new corporations will also be organized for operation of the three theatres. Philadelphians to Fight Rental Boost (Continued from page 1) that star salaries have remained at a status quo, local men feel that any tipping of charges will be uncalled for. They maintain that an increased cost would mean an increased box-office tariff and they claim this would be fatal in these times. No official committee has been ap- pointed yet to represent the local out- fit, though one will be picked some time next week. Meanwhile, among the territory exhibitors who expect to make the trip are Lewen Pizor, George Aarons, David Barrist, M. E. Comerford, Lew Berman. Louis Berger, Morris Nemez and Eddie Connelly. K. C. Has Two Holdovers Kansas City, March 25. — All precedents for Kansas City were shattered as two attractions were held simultaneously for a third week. They are "David Harum" at the Fox Up- town and "Elysia" at the Publix Royal. The managements figured that it would be more advantageous than running in a new picture for I Holy Week. rom paije 3 ) ly, he joined Fox as a salesman in Umaha and later became manager of inat company s exchange in Los An- geles. He resigned to re-enter the tneatre field in San Diego and bought tne Warner franchise tor California. Later he sold this to become western district manager for the company. Walsh is credited with having intro- duced Vitaphone in this section, but leit Warners to take over the T. & D. Theatre in Oakland. As time went on, he became vice-president and gen- eral manager of the National Theatre Syndicate in association with George Mann, who is president. For the past three years, Walsh has been president of the Independent Theatre Owners Ass'n of Northern California. As general manager of Midland Theatres, Inc., of which Mann is president, Walsh is concerned with the operation of six theatres, which are the Liberty (450) and National (1,200) in Marysville; American (1,600) in San Jose; Modesto (1,000) and National (800) in Modesto, and National (800) in Woodland. W. W. Chapin, impartial member on clearance and zoning, is the pub- lisher of the San Francisco Argonaut and has had a long career in the news- paper field. He was publisher of the Seattle Post-Intclligenccr and also of the San Francisco Call. In 1912, he bought the Oakland Enquirer and lat- er became publisher of the Sacra- mento Union. Two years ago, Chapin purchased the Argonaut, a weekly lo- cal magazine, and succeeded in in- creasing its circulation from 5,000 to 18,000. He is a member of the Bo- hemian Club. Construction Picks Up Around Virginia (Continued from page 1 ) cost ; another, the Carrolton, is near- ing completion; a third is projected in South Richmond, and the Apollo Theatre Corp. of Washington is try- ing to get approval for changes at the old Strand, so it can be opened as a colored house. Extensive rebuilding is expected at Virginia Beach as a result of the win- ter storm. B. F. Moore to St. Louis St. Louis, March 25. — B. F. Moore has been appointed manager for the Shubert-Rialto, which Warners will reopen on March 31 with "Wonder Bar." He comes here from Columbus, where he has been manager for an RKO house. Prior to that he had a roving commission for Warners. K. C. Gets "Wide Range" Kansas City, March 25. — First installation in Kansas City of Erpi's "wide range" equipment has been completed at Robert Rhodes' Gillham Theatre. 'Merry Frinks' New Title Hollywood, March 25. — W'arners have changed the title of "The Hapny Family" to "The Merry Frinks." Monday, March 26, 19 Board of 12 On Clearance, Zoning Sought (Continued from page 1 ) main board plans for one main board with three assisting committees. The code does not provide for an enlarged board of 12 in any zone, but if the authority approves, it is likely the di- vision administrator will consent. Personnel of the Boston, Philadel- phia. Portland and Minneapolis boards also has been referred back to com- mittee. M. Higgins of Shamokin is now set in as first run independent on the clearance and zoining in place of Floyd Hopkins. Herbert J. Elliott and M. Rogassin also are tentatively named for posts. When the com- mittee meets again Wednesday sev- eral shifts and replacements may be recommended for Campi's approval the following day. The finance committee also meets Wednesday to work on the budget. German Films Given Protection Promise (Continued from page 1) are capable of supplying the home demand for films "there is no need to look about for pictures of foreign origin." Measures for promoting German film exports were also promised by Goebbels and the hope was advanced that the admission tax on German theatres would be ended soon. Goeb- bels urged the producers to strive to reflect the "spirit of the new, young Germany" in productions, but to avoid "overemphasis on propaganda." RCA-Victor Issues New Sale Contracts Contracts for actual sale of RCA Photophone reproducers have gone into the hands of salesmen. The new selling policy, announced some time ago, went into effect last week. Exhibitors have been advised by E. O. Heyl, manager of the Photophone division, to hold all deals until they can get in touch with company sales- men. Insiders' Outlook (Continued from page 2) "Well, it's easier to make a deal with two checkers than one." An hour or so later he sailed on the Georgic. . . . ▼ Hollywood plot invaded the broad area of the Astor ballroom last Wednesday night when the ITOA installation dinner was interrupted by the unexpected appearance of Marty Farber. Generally known locally and very well known to some, Farber handed out a raft of summonses to exhibitors having trouble with exchanges, or, to be more accu- rate, the other wav around. . . . K ANN ! Intimate in Character Internationa! in Scope (independent in Thought 1 he Da ify N ewsp a p e r Of Motion Pictures Now Sixteen Years Old OL. L\V. NC. €1 new yocr, T till I Producers Omit LA.T.S :0X SHOWS $1,410,79 Circuits See 25% Ju leavy Additional Burden Foreseen Under Plan to Cut Hours ' Several hundred thousand dollars HH be added to operation costs of frajor circuits if the proposed 30- Dur week is passed by Congress, a (ilm Daily survey shows. Circuit pecutives are now figuring an a 25 ler cent boost in overhead, lased on the cut of 25 per fent in working hours from the resent NRA maximum of 40 hours, ccording to one major circuit offi- jial, the average overhead in sal- (Cvnlinited on Page Copies of the grievance and ; day or Monday First move Code Author, not be nati 'ELEASE DATES SET ON 13 WARNER Fl ; Release dates on 13 new tirst National features jt, taking care of th^ •:hedule to the first of 'fit includes: "Jimmy !arch 17; "Wond "Jambling Lady," IV ■tared Nurse" and i (.Continued C- tion- local :e finan- h of ex- e way as s support een by the 'e Council, week, prelim- Evide movement [he Council at a i on March 21 at kvelt, 75 socially S on Page 4) am Kanto 3 Mo v Sam Ka ) meback squired >uses, the1 ie Newtow Elmhurst, 'arner house, ueensboro Theater7 ,is headquarters, and; •itional houses. His ofgar? (.lied Tanor Holding Corp Rowland and RKO Talking endrick Handling Spring-field Theater mgfield, Mass. — Harry Ken- former vice-president of Fox ft Coast Theaters, has been !ned manager of the Fox theater 5re. O iund Turnawav business West Coast Bureau of THE FILM DAILY Hollywood — Basic agreement be- tween major producers and unions Improvement is Scted by Kent in nnual Report rs first annual statement since Ionization, Fox Film Corp. re- I net profit of .$1,410,793 for the veeks from April 1, 1933, effective te of the reorganization, to Dec. '0. This compares with a loss of '$7,595,100 for the 40 weeks ended Dec. 31, 1932. In making the re- port yesterday, President Sidney R. lent stated that the management feels the corporation "has success- fully weathered a most critical per- iod in its history and looks forward (.Continued on Page 4) FOX WESTMAST Bli IS UP 15 PER CENT West Coast Bureau of THE FILM DAILY Hollywood — Fox West Coast ch> cuit business is reported to be more chan 15 per cent improved as com- pared with this month in. 1933. Of- ficials of the outfit look for a fur- ther improvement. Paramount to Exploit- Dozen Potential Stars Paramount will exploit 12 players as embryo stars with special trail- ers and other forms of publicity, during the next four months. The first trailer, "Stars of Tomorrow," is -completed and will be sent to all Paramount .houses this week. The (.Continued on Page 4) (Continued on Page 4) "Rothschild" Acclaimed George ArSSss in "The House of Rothschiid;"* 20th Century production released by United Artists,' was ac- claimed by s distinguished premiere audience af the Astor Theater iast night. Reaction of the opening night low being distributed to subscribers of FHE FILM DAILY 1 650 Broadway, N. Y. C. MOTION PICTURE DAILY Monday, March 26. 1934 "One Night" Leads 4 Purely Personal ► "One Night" Pulls Bad Montreal Week Montreal, March 25. — Lent hit theatres a wallop last week, but "It Happened One Night," as the im- portant half of a twin bill at the Princess, ran up a fine $7,500. "Shadows of Sing Sing" was the other picture. Every other first run hit the skids to a certain extent. Total first run business was $36,000. Average is $36,500. Estimated takings for the week end- ing March 17: •ESKIMO" (M-G-M) "OLIVER THE EIGHTH" (M-G-M) CAPITOL— (2,547) , 25c-35c-50c-60c-75c, 7 clays. Gross: $8,500. (Average, $9,000) IMPERIAL— French operetta. "THE GHOUL" (British) LOEWS— (3,115), 25c-35c-50c-65c-75c, _ 7 davs. Stage: "Illusions" Idea; Bernice Claire; Lucille Page; Lamberti; the 6 Danwills; 12 Canadian Rockets. Gross: $10.- IIDO. (Average, $10,500) "THIS SIDE OF HEAVEN" (M-G-M) "THE GIRL FROM MAXIM'S (British) PALACE— (2.600), 25c-35c-50c-60c-75c, 7 days. Gross: $10,000. (Average, $11,000) "IT HAPPENED ONE NIGHT" (Col.) "SHADOWS OF SING SING" (Col.) I'RTNCESS — (2,272), 25c-35c-50c-65c, 7 days. Gross: $7,500. (Average, $6,000) Court Rules Talkies Hold a Libel Danger Albany, March 25. — Sound films as a possible new instrument of libel were considered in a majority opinion of the Appellate Division in denying a motion to dismiss a $150,000 libel action brought against Paramount Publix by Mrs. Minerva Brown, Nor- wich, N. Y., who charges her reputa- tion and character were injured by the picture, "An American Tragedy." "Such a production ma.y be libe- lous," the court's opinion states. "In the hands of a wrongdoer these de- vices (sound films) have untold possibilities toward producing an effec- tive libel." Chester Gillette was executed for the murder at Big Moose Lake in 1906 of Mrs. Brown's daughter. The plaintiff charges that the picture por- trays her as a slovenly and illiterate person. Equity Group Seeks New Officer Lineup A challenge to the present Actors' Equity Ass'n administration headed by Frank Gillmore developed Saturday at a gathering of the membership at the Astor at which opponents of the administration succeeded in getting three candidates named to the nomi- nating committee wkich will draw up p slate of officers to be voted upon at the annual meeting to be held in May or June. Jane Seymour, Jane Wheatley and Millard Mitchell were the three named. Other members of the nominating group chosen were Selena Royle, Bert Lytell and Ernest Truex. Elected alternates were Burgess Mere- dith, Morris Carnovsky and Jerome Cowan. Len Daly Goes to U. A. Len Daly, formerly with Para- mount, has joined the foreign pub- licity department at United Artists. Hays Meeting Today Annual meeting of the Hays or- ganization is scheduled for today. BILL PINE left for the coast yes- terday after several weeks of looking over exploitation ideas at the Paramount home office. He'll be back shortly. Morris Simpson, special represen- tative for Paramount International, arrives from Europe on the Olympic tomorrow with John W. Hicks, head of the Paramount foreign department. John W. Hicks, Jr., is in Berlin now and from there goes to Paris and then to England. After a visit with John C. Graham in London, Hicks will return to New York. Joe Bezaiiler, assistant to E. M. Saunders, left Saturday for a tour of M-G-M exchanges which will include Kansas City, Omaha and Denver. "Oswald in the Candy House" ( Universal) The idea of Hansel and Gretel has been burlesqued in the form of an Oswald cartoon with music. All th« dialogue is sung. Oswald and his sis- ter are led into the woods where they are lured to a candy house in which a witch tries to burn them alive, but is foiled. They finally get back tow- ing the candy house behind them. It's good stuff for kids. Running time, SJ/2 mins, "Funny Little Bunnies" (Disney-U. A.) Great Easter release for the kids with a snappy theme song and some fine color work. A couple of bunnies bounce across the landscape, pull aside a curtain, and the spectator is behind the scenes where bunnies make choco- late rabbits, paint Easter eggs, and distribute them around. A swell con- tinuity is punctuated with some laughs that will get grownups as well as youngsters. Running time, 8^ min- utes. "Nervous Hands" ( Vitaphone) Ben Blue in a two-reeler built around a jealous husband. Billy Hal- ligan. with Loretta Savers as the wife. Hallisan. while repairing his aerial on the roof, gets into an argument with Blue, who escapes down the fire escape into Halligan's apartment. The complications become acute when Miss Savers tries to repair a rip in Blue's trousers. Plentv of laughs. Running time, 20 mins. "Broadway Nights" (Paramount) Set in a Broadway night club and featuring the Yacht Club Boys, this short is well done, but will probably fail to register with the average au- dience because of the sophisticated material of the performers. An in- tricate dance routine by a well trained chorus, and Ed Paul and his orchestra are also presented. Running time, 10 mins. HOWARD DIETZ will have one of his songs in "Operator 13," which the Four Mills Brothers will render. The song is "Jungle Fever." Eddie Aaron of M-G-M is back from a circuit of M-G-M branches and expects to leave this week on another tour. Hal Horne gets back today from Miami, where he's been recuperating from a recent illness. Jack Cohn is also due back today. Mary Pickford will be given a testimonial dinner by the Actors' Din- ner Club tonight prior to her leaving for another personal appearance tour. Robert Montgomery arrived in New York yesterday for a vacation. George Dillon is in from Wash- ington. ' "Mills Blue Rhythm Band" ( Vitaphone ) There is plenty of pictorial variety and some fine music in this "Melody Master" one-reeler. Singers are Sal- 'y Gooding. Freddie Washington, llamtree Harrington and the Three Dukes. The number opens in a night club. There are nine selections. Run- ning time. 10 mins. "The Vanishing Shadow" (Universal) In the first three episodes of this serial there are automobiles chases, fights, mysterious disappearances by means of an electrical apparatus, a train hitting an automobile, and other forms of excitement. The story revolves around the ef- fort of Walter Miller to get hold of Onslow Stevens' Tribune stock. Mill- er's daughter, Ada Ince, is on the side of the Stevens and he also has the aid of James Durkin, an electri- cal expert, who controls a number of mysterious devices. In the first episode Stevens escapes to Durkin's laboratory after he thinks he has shot William Desmond. In the second there is a free-for-all fight in Miss Ince's apartment when the gang tries to capture Stevens, with a mysterious death ray figuring in the brawl. The third closes with a big dynamite blast on a road con- struction job. Each chapter runs about 20 minutes. It ought to be good kid entertain- ment, and it may also please those adults who like plenty of action not weighted down by too much story. "Come to Dinner" (Vitaphone) A fairly amusing burlesque on "Dinner at Eight." The impersona- tions of the members of the cast of "Dinner at Eight" are very good. The plot is laid out along the same lines as those of the feature. Mar- got Stevenson is featured. Running time, 20 mins. $9,000, Portland Portland, March 25. — "It Hap- pened One Night" brought in a sub- stantial first night crowd and the pickup was steady during eight days at the Paramount. The take was $9,000, or $4,000 over normal, "Ever Since Eve" was supplemental on the double bill. May Robson in "You Can't Buy Everything," changed to "She Wolf of Wall Street," together with "Love Birds" brought in $6,400 at the Broadway, just $400 over normal. Hamrick's Oriental went back into the first run column, bringing the house again up to average with a double bill, "I Like It That Way" and "Two Alone." First run totals were $25,900. Aver- age is $23,000. Estimated takings for the week end- ing March 15 : "YOU CAN'T BUY EVERYTHING" (M-G-M) "LOVE BIRDS" (Univ.) BROADWAY — (1.912). 25c-35c-40c, 7 davs. Gross: $6,400. (Average. $6,000.) "MAN OF TWO WORLDS" (Radio) HAMRICK'S MUSIC BOX-(2.000I. 25c- 35c-40c. 7 days. Gross: $2,000. (Average. J3.000.) "I LIKE IT THAT WAY" (Univ.) '•TWO ALONE" (Radio) HAMRICK'S ORIENTAL— (2,000), 25c- 35c. 7 days. Gross: $2,000. (Average. $2,000.) "OLIVER TWIST" (Monogram) "WOMAN'S MAN" (Monogram) PAXTAGES — (1,700). 15c-25c. 7 daj s Gross: $1,700. (Average. $2,000.) "IT HAPPENED ONE NIGHT" (Col.) "EVER SINCE EVE" (Fox) PARAMOUNT — (3.008), 25c-35c-40c. 8 days. Gross: $9,000. (Average. $5,000.) "PALOOKA" (U. A.) UNITED ARTISTS-(945), 25c-35c-40c, 7 days. Gross: $4,800. (Average. $5,000.) "One Night" Tops Buffalo 3rd Week Buffalo, March 25. — "It Happened One Night," in its third week, coupled with "The Lineup" as a new sec- ondary feature, still was the town's big news, getting $8,400 or $1,900 above normal. "Nana" only went $200 over average. Total take was $44,100. Normal k $43,500. Estimated takings for the week end-' ing March 23 : "NANA" (U. A.) BUFFALO — (3.500), 30c-55c, 7 days Stage: "Melody Mad Parade," with Johnny Perkins, the Twelve Aristocrats, Ruth Petty. Terrell & Fawcett, Jerry and Her Baby Grands. Betty Weems. Gross: $15,200 (Average. $15,000) "THE MYSTERY OF MR, X" (M-G-M) "FRONTIER MARSHAL" (Fox) CENTURY— (3,000), 25c. 7 days. Gross: $6,000. (Average, $6,000) "PALOOKA" (U. A.) "IF I WERE FREE" (Radio) GREAT LAKES — (3,000). 25c-40c, 7 day? Gross: $8,000. (Average, $8,000) "NO MORE WOMEN" (Para.) "I WAS A SPY" (Fox) HIPPODROME — (2,100), 25c-35c. 7 day? Gross: $6,500. (Average, $8,000) "IT HAPPENED ONE NIGHT" (Col.) "THE LINEUP" (Col.) LAFAYETTE— (3.300). 25c. 7 days. 3r. week. Gross: $8,400. (Average. S6.50O) St. Louis Holds "Harum' St. Louis, March 25. — For tht| second week in succession the Fo: ! has held over its program, "Davii Harum" going into a second week o ; March 23. The picture will make wa; for "George White's Scandals" oil March 30. Looking Over Shorts The Leading Daily N sNewspaper\ of the Motion Picture Industry MOTION PICTURE DAILY Alert, Intelligent and Faithful Service to the Industry in All Branches OL. 35. NO. 71 NEW YORK, TUESDAY, MARCH 27, 1934 TEN CENTS rlays Asserts Films Helped To End Slump Laughed Big Bad Wolf Of Depression Away" Films were given credit for an im- crtant share in starting the country nit of depression by Will H. Hays in is annual report to the M. P. P. ). A. yesterday. "No medium has contributed more ;reatly than films to the maintenance f the national morale during a period >atured by revolution, riot and politi- al turmoil in other countries," he 'rote. "It has been the mission of ie screen, without ignoring the seri- ws social problem of the day, to re- ect aspiration, achievement, optimism {Continued on paqe 41 loward, Goldsmith Up for Wage Board Roy Howard and Dr. Alfred N. joldsmith are understood to be un- i.er consideration for posts on the card to be set up bv Division Admin- istrator Sol A. Rosenblatt to pro- nulgate a basic operators' wage scale or New York. The I.T.O.A. and .ocal 306 for some time have at- tempted to work out a scale for local {Continued on page 7) 3ia Southern Move News to Hoblitzelle \ Dallas. March 26.— Karl Hoblit- ■ elle declares he has heard nothing of Reports, originating in New Orleans. • nat Paramount's southeastern and 'outhwestern partners were planning ine huge theatre company to embrace hat entire territory, i "So far as I am aware there is no ruth to this report. We are operat- ise the Interstate Circuit, Inc.. alonsr xactly the lines originally conceived, nibracing only the state of Texas." J e states. Seek Reopening of Code To Aid Minority Groups Authority May Name Boards 9 Secretaries Outside Lists Appointment of secretaries by Code Authority — Campi — will not be confined to recommendations sent in from the field, it is learned. Campi is anxious to have as many suggestions for these posts as possible and everyone listed will be given due considera- tion before appointments are made. Secretaries are not obligated to sign the code, it is stated by Campi, inasmuch as they are not entitled to vote. These men and women selected will be employes of Campi and paid according to the prevailing wage for similar work in territories they serve. Report Nathanson And F. P. Deal Set Toronto. March 26. — It is reported here that N. L. Nathanson, president of Famous Players Canadian Corp., is closing negotiations for the return of direct control of the circuit to Canadian and British interests which stand ready to make a stock purchase. Nathanson had hardly reached this city on his return from a Florida va- cation when he left for New York for the purpose, it is said, of discussing the deal. Ralph Kohn of Paramount Publix stated yesterday this was the first he had heard of any such move. Schenck to Be Made Head of Poli Soon Election of Nicholas M. Schenck 0 the presidency of the Poli circuit L:nd details, including date, of ac- quisition of the New England string f-or operation by Loew"s are expected :o be settled at a meeting to be held n a few days. 1 Loew controls the circuit and has for some time, Schenck declared on lis recent return to New York from he coast. Production Gains; 41 Features Going Hollywood, March 26— Production last week registered a decided increase over the preceding week. Forty-one features and 10 shorts were in work as against 40 and five for the previous week. There was also a healthy sign of continued activity with 33 features and IS shorts in final stages of prepar- continue to be congested with 43 fea- ation tentatively slated to start within the next two weeks. Cutting rooms {Continued on page 2) Cummins Rushing Picture on Hitler "Hitler's Reign of Terror," a fea- ture, is on the way. Worked on secretly for some time and using the film credited to Cor- nelius Vanderbilt, Samuel Cummins has been rushing work on assemblage of the negative and expects to have the first print ready in about a week. Reluctantly, he admitted his plan yesterday. He is understood to have obtained possession of footage recently shot in Germany on a narrow gauge camera, purporting to show Jewish doctors and lawyers waiting in long lines for registration in concentration campaigns and other shots allegedly showing atrocities. Milwaukee Doubles Spurt Despite Ban Milwaukee, March 26. — Despite an agreement signed last July by a ma- jority of exhibitors in Milwaukee County outlawing double features, in- dications point to a revival of the practice here with 20 independent neighborhood houses now playing dual bills several times a week. This rep- resents approximately 25 per cent of the theatres in Milwaukee County (Continued on page 7) Indies Thought Slighted As Review Board Opens Capital Hearings Washington, March 26. — Reopen- ing of the code on the ground it left the industry under the domination and at the mercy of the major producers appeared tonight to be the aim of the National Recovery Review Board fol- lowing its initial hearing today. After a day devoted to the hearing of complaints, during which Lowell Mason, counsel for the board, who refused appointment as impartial mem- ber of the Chicago grievance board, attempted to show producer domina- tion, the investigation was recessed until Thursday. Tonight telegrams requesting their appearance were sent to all 10 mem- bers of the Code Authority and will be followed by similar requests to the sales managers of the major producing (Continued on page 4) Some Code Boards Get Work Started Cincinnati, March 26. — First joint meeting of the grievance and clearance and zoning boards was held today at the Variety Club quarters in the Neth- erlands-Plaza, with all members pres- ent except John Elliott and George Smith of the grievance board. Frank W. Huss of the clearance and (Continued on page 7) "Scandals/9 "Harum" and "Christina 99 Going Strong Finnegan Out, Lux Goes on K. C. Board Dr. Papl Lux has been appointed by Division Administrator Sol A. Rosenblatt to replace Thomas J. Fin- negan as impartial member of the Kansas City grievance board. Jay Means, president of the I.T.O. of Kansas, protested Finnegan's appoint- ment to the board. Finnegan was originally announced for the post, but approval was never confirmed. "George White's Scandals" got go- ing like a house afire in a number of key spots and "David Harum" con- tinued on its merry way, with "Queen Christina" getting its share of the big business. Pittsburgh, Cleveland, Oklahoma City and Boston were the spots where the Fox musical kept box-offices busy. Tn Kansas City, Pittsburgh, Boston and Indianapolis "David Harum" was (Continued on page 7) Three Forms Printed For Grievance Files Three types of forms for filing com- plaints before the 31 grievance boards are being mailed to members of the boards this week bv Code Authority. One will be a white form which will (Continued on page 7) MOTION PICTURE DAILY 2 MOTION PICTURE DAILY (Registered U. S. Patent Office) Vol. 35 March 27, 1934 No. 71 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 CIcle 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. Clifford, manager; London Bureau: 6 Brookland Close, Hampstead Garden Suburb, Bernard Charman, Representative; 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: 11 Olaaz Fasor 17, Endre Hevesi, Representative. 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. Chevalier-Laughton In One English Film London, March 26. — London Films will make "The Field of Cloth of Gold," with Charles Laughton as Henry VIII, Maurice Chevalier as the King of France, Douglas Fair- banks Jr. as Emperor Charles, Flora Robson as Catherine of Aragon and Merle Oberon as Ann Boleyn. Alex- ander Korda will direct. Pommer Joins Eaves Otto Pommer, general manager of the Brooks Rental Co. the past 12 years, has joined the Eaves Costume Co., Inc., U. A. in Miami Court Row on "Rothschild" Miami, March 26. — United Artists, after confirming dates to Wometco Theatres on "The House of Roth- schild," attempted to take the picture from them and serve the State as a roadshow. Wometco obtained an in- junction against the State, prohibiting it from showing the picture and U. A. attorneys rushed to the Supreme Court without notice to Wometco attorneys and put up $10,000 super- sedeas bond securing the right to run the film. Womecto attorneys secured a hear- ing today in the Supreme Court to set aside the supersedeas bond and Judge Thompson stated the affair was an attempt by United Artists to take away the picture after confirming the dates, which appeared as an unfair trade practice to him. Wometco at- torneys are Henry D. Williams and Albert Bernstein. In Miami, U. A. counsel is Evans, Mershon and Saw- yer. U. A. yesterday stated they knew nothing of the case except that the picture is playing in Miami as a road- show. Monogram Considers Two Western Series Monogram is considering one or two series of westerns to include in next season's lineup. The outdoor series will be exclusive of the regular pro- gram, tentatively set at 20, four of which will be listed as specials. Franchise holders meeting in At- lantic City April 4-7 will be asked to approve the schedule. John Wayne is being considered for one of the west- ern series. Trem Carr Due Trem Carr, Monogram producer, arrives from Hollywood Saturday preparatory to the company's annual sales convention scheduled for Atlantic City April 4-7. Lou Ostrow, production manager, trails Carr a couple of days later. Michael Shea Is III Buffalo, March 26. — Michael Shea, head of the Shea theatres, is gravely ill. He recently observed his golden anniversary in show business. He will be 75 April 1. Film Board Aiding Ampa Dinner Plans Henry Randell of Paramount, presi- dent of the New York Film Board of Trade, last night called a special session of members of the board to map plans for cooperating with the Ampa on the Naked Truth Dinner. Half of the net profits will go to the M. P. Charity Fund and the other 50 per cent to the Film Daily Relief Fund. Paul Benjamin, handling the af- fair, was present. Robert Wolff has been named chairman of the exchange committee and Jack Bowen is in charge of finances. Al Jolson may be master of cere- monies at the dinner. Palfreyman to Talk At N.O. Convention New Orleans, March 26. — David Palfreyman. theatre contact for the Hays organization, will be one of the speakers at the Gulf States convention here April 3-4. Another will be Ed Kuvkendall, president of the M.P.T. O.A. Arrangements were completed to- day. Rodney Toups of Loew's State is handling the floor show and enter- tainment program for the banquet which will climax the convention on the final night. Majestic After Theatre Majestic is negotiating for a Broad- way house to open "Unknown Blonde," in all probability on a two- a-day basis. E. H. Goldstein, ex- ecutive vice-president, is considering the Gaiety and the Criterion. M-G-M last week rented the latter house on a four-week basis for "Viva Villa," starting April 6. Majestic, however, is anxious to get its picture, dealing with an expose of the co-respondent racket, into circulation immediately, and therefore mav close for the Gaiety, now housing twin bills. Claims Reputation Hurt Hollywood. March 26. — Ginger Rogers' $100,000 suit against Earl C. Anthony, owner of Station KFI, the Health Bread Co. and NBC is on the ground that her reputation was ruined by Sylvia, the Hollywood masseuse's, alleged interview with her on the night of March 20. Tuesday, March 27, 1934 i Purely Personal ► PERCY PHILLIPSON of General | Register, who has been here for a Couple of months reorganizing thc company, expects to return to Lon- don on the Beroiyaria which saiU April 5. He'll be back in May, how- ever. Mort Blcme.vstock, Warners' the- atre advertising and publicity director, left Saturday for St. Louis to open Shubcrt's Rialto there the end of this - week. Clayton Hendrickson, who was I transferred from the Paramount New York exchange to the home office, i? j not Don Yelde's assistant, but a mem- ber of his staff. Irving Windisch of Warners left Sunday night for a week's trip to Buffalo to handle the exploitation o: "Wonder Bar" there. James (Schnozzle) Durante will be guest of honor at a cocktail party at Leon and Eddie's tomorrow after noon. Abe Waxman has been name chairman of the publicity committee of the forthcoming annual NVA drive "NVA Week" begins April 27. Bob O'Donxell is in from the south and will stay for a couple o weeks. A. H. Fisher has joined Gaumon British and will handle G-B sales di rectly to theatres throughout the U. S Irene Dunne will arrive in Nev York tomorrow morning for a visi with her husband. Bogart Rogers', original. "Twent; Hours by Air," has been purchase! by Paramount. Sam Dembow will attend th M. P. T. O. A. convention in Lo Angeles next month. Nathan Burkan lingered behin at Miami, although Jack Cohn re- turned late Saturday. Hal Horne is back from a vaca tion south. Usual tan on Hal an envy around the U. A. office. Morris Keizerstein is back from I Hollywood trek. Al Jolson and Sid Silvers anion I those at the Music Hall Sunday nigh I Production Gains; 41 Features Goint (.Continued from page 1) continue to be conjested with 43 fe; tures and 18 shorts in the editin stages. Paramount continued to lead tl field with eight features in work, si preparing and four cutting; Fox fo lowed with five, five and five ; Un versal, five, one and two ; Columbi j four, three and four; M-G-M. fou two and nine; Warner-First Nation;; four, one and nine; Century, two, zei and one ; Radio, one, seven and foul Sam Goldwyn, zero, one and zer while the independent groups regist j a total of eight, seven and five. Among the short subject makei Roach reported two in work, thr I preparing and four cutting ; M-G- ; had one, two and one ; Universal, or j one and one; Columbia, zero, one aij two; Radio, zero, three and thre while the independent group had si j five and seven. MOTION PICTURE ALMANAC 1954-35 NOW /A/ P/l£PAAA T/O/V //HERE THE WORLD LOOKS FOR MOTION PICTURE Columbia Up 1 on Big Board High Low Close Columbia Pictures, vtc 2754 27?4 2754 Consolidated Film Industries 454 4S/& V/t, Consolidated Film Industries, pfd 1654 1654 1654 Eastman Kodak 8954 88 88 Eastman Kodak, pfd 13354 13354 13354 Fox Film "A" 15% 1553 1554 Loew's, Inc 3254 3154 31% Loew's. Inc.. pfd 90 90 90 Paramount Publix. cts 5 454 V/t, Pathe Exchange 3% 356 35-6 Pathe Exchange "A" 18% 18 18 RKO 354 354 354 Warner Bros 654 654 6% Net Change +1 + Vt + Vs —1 + 54 + % - 54 + V% - 54 + % Curb Stocks Decline High Low Close Sentry Safety Control % % % Technicolor 854 854 854 Trans Lux 2 2 2 Net Change - 54 — Va Paramount Publix Bonds Rise % High Low Close General Theatre Equipment 6s M0 954 934 934 Loew's 6s '41. ww deb rights 9854 98 9854 Paramount F. L. 6s '47 4954 4854 49 Paramount Publix 554s '50 50 495/6 49% Warner Bros. 6s '39, wd 5554 5454 55 Net Change + 54 + % + 54 Sales 400 500 300 800 1.000 700 7,600 200 4,300 1,300 4,200 1.300 2.900 Sales 200 500 100 Sales 11 9 23 36 16 VIVA VILLA! Starring WALLACE BEERY A Metro-Goldwyn-Mayer Picture Produced by David O. Selznick Directed by Jack Conway I'M NOT SORE! —phoned Red Kann, editor of Motion Picture Daily . . . "but here's what disturbed my Sunday afternoon calm . . . a telegram from our Coast correspondent, Vic Shapiro . . . he wired: VIVA VILLA TERRIFIC ! ♦ ♦ ♦ I thought you d like to know! Thanks for the tip-off, Red. You'll agree when you see "VIVA VILLA!" at its World Premiere, Friday Night, April 6th. Criterion Theatre, Twice-Daily Thereafter. 4 MOTION PICTURE DAILY Tuesda/. March 27, 1934 Seek Reopen Code to Aid Minorities (Continued from page 1) companies. The board has no power of subpoena and it will be up to the individuals involved to determine whether they will appear at the Thursday hearing. Indications were that NRA officials would go to the White House with a demand that the board give some con- sideration to the data they have ac- cumulated before reporting that the code should be amended. Demanding that Division Adminis- trator Sol A. Rosenblatt take the stand as the first witness this morn- ing, Mason made it evident that the board has no intention of asking the cooperation of the Recovery Ad- ministration. Acting on the theory that it was set up to investigate agreements negotiated by the Admin- istration, the board has determined to play a lone hand. Rosenblatt Balks Pointing out that he had not been subpoenaed nor requested to furnish information from his files, Rosenblatt refused to testify unless he could first make a statement explaining his po- sition. Permission to do so was denied him, and he declared he would not respond to questions until he had had an opportunity to confer with Ad- ministrator Hugh S. Johnson, al- though promising the board that his files and information were available to it at any time. Rosenblatt is to be called upon again on Thursday, a day set by Chairman Darrow de- spite an explanation that the Code Authority was then to meet in New York. Failing to get Rosenblatt on the stand, Mason called Russell Hardy, special assistant to the Attorney Gen- eral in the anti-trust division of the Department of Justice, who was ques- tioned regarding the film prosecutions of the department and its criticisms of the code submitted to the NRA during negotiation of the agreement. Three cases have been brought by the government, two of which resulted in consent decrees, he said, the third not being disposed of. Chief Causes of Complaint "The principal items of complaint received by the department," he con- tinued, "were refusal on the part of the big producing companies to con- tract with the complainant for any pictures at all, refusal on the part of the big producing companies to contract with the complainant for a sufficient number of pictures, refusal on the part of the big producing com- panies to contract with the complain- ant for the right to have a first ex- hibition of a picture, refusal by the big producing companies to contract with the complainant for second or subsequent showings of a picture until after the lapse of an unreasonable length of time after exhibition by com- petitors, and refusal by the big pro- ducing companies to contract with the complainant for pictures unless theatre admission prices were raised or main- tained at a point fixed by the big pro- ducing companies. Other complaints involved refusal to sell pictures ex- cept in groups, refusal to sell except tor percentage instead of flat lump sum and overDuying by large competi- tors." "Assume that the Code Authority is controlled by the big producers and that it permits the conditions to exist now wnich were alleged to exist in that bill (a case brought by the de- partment ) would that, if it were not ior the protecting clause of the Na- tional Recovery Act, constitute mo- nopolistic practices?" Mason asked. "Yes," the witness answered. Hardy was followed by Abram F. Myers, who said that no accurate fig- ures were available as to the number of houses, which he placed at about 13,000, but declared that about 4,000 were owned, controlled by or affili- ated with producers. Myers went into detail as to the drafting of the code and the part played by the independents, declaring that at one meeting, after lengthy negotia- tion, Rosenblatt announced that he would present them with the exhibi- tors' code when they next met. No independent exhibitors participated in the drafting of that code, he declared, and, when asked what happened when the code was handed them, said: "We grabbed for it very eagerly." The producers, meeting in the same build- ing at the time, he added, were not given copies "and apparently had no curiosity on the subject." He said he was "not charging monopolistic prac- tices under the code but complaining that the code is designed to permit monopolies." Need Fresh Product Explaining the position of the ex- hibitors, Myers declared their most im- portant property right now is adequate supply of fresh product, with public good-will second and actual theatre property third, pointing out that the property was of no value unless prod- uct was available. Going into the question of booking, Myers declared no independent exhib- itors buy other than in blocks, but that producer-owned theatres did not have to take blocks but could select their pictures. He discussed the right reserved by the producer to withdraw pictures and the cancellation privilege given exhibitors. In most instances, he said, when the exhibitor makes a contract, he does not know what he will get in the way of pictures, add- ing that the Patman bill now pending in Congress requires synopses of all pictures to be given exhibitors where- as "buying today is largely a pig in a poke." Mason went deeply into the activi- ties of the independent group during negotiation of the code, leading Myers to say that Nathan Burkan was pres- ent at the August exhibitor confer- ence as attorney for Loew's and also sat in on some of the producers' con- ferences. Reviews Indies' Stand The witness explained that upon re- ceipt of the first draft of the code, the representatives of the independent pro- ducers and exhibitors formed a tem- porary coalition and withdrew for the purpose of putting their position on paper "because they felt the situation was very serious and wanted to make a record." The meetings were not suspended because of this, he said, but the written objections were later presented to Rosenblatt. He then ex- plained the mass meeting of indepen- dents in Chicago October 24 and the resolutions adopted and related how a committee conferred with Johnson. "We filed another written statement of our objections and grievances and our criticism of the conduct of the deputy administrator and our state- ment that in our judgment he was ab- solutely biased and prejudiced against the independent interests," he said, adding that Johnson turned the mat- ter over to Col. R. W. Lea, his execu- tive assistant, and that two days later a statement was issued to the press declaring the charges of bias and prejudice to be unfounded. "But when the code was approved by the Presi- dent it was accompanied by an execu- tive order which contained some very wholesome safeguards against arbi- trary use of the power that was con- ferred on the Code Authority." "Were the provisions of the execu- tive order adequate to the protection of the independent interests?" Mason asked. "I do not say they were adequate," Myers returned, "but I do say they were very wholesome and very wel- come." "After the President signed this executive order was there at a later day an interpretation placed on the order?" he was asked. "Yes, in my opinion it emasculated it." Other Objections Myers was led to outline the ob- jections of the independents to the wage provisions of the code, the forc- ing of shorts, which, he declared, was not prohibited and which merely re- stricted the producer to require an exhibitor to take such shorts as the former held would be necessary to round out a program ; the designation of play dates and the control of ad- missions. The power to control admission prices is not expressed but is neces- sarily implied in the language of the code, he declared, but prohibiting an exhibitor from lowering his admis- sions beyond a figure which the dis- tributor stipulates in the contract. "Such a provision may or may not be legal under the general law," he com- mented. Abolition of block booking, he de- clared, would be advantageous to all. "I do not think the motion picture industry tries to make a poor picture," he admitted, "but there is not enough ability and genius to go round." The situation, he said, could be cured by an amendment to the anti-trust pro- visions of the Clayton Act controlling film contracts, as provided in the Pat- man bill. Exhibitors Testify Desiring to show the effect of pro- ducer competition upon independent theatres, Mason put on the stand E. Thornton Kelly, operator of the Grant Lee Theatre at Palisade, N. J., and William Biggio, owner of the Grant Theatre, Steubenville, O., who told how their ability to buy was re- duced when producer-owned theatres were built in their areas. Without explaining its relationship to the code, Mason had Kelly outline how he had received protests against the showing of his very first picture from producer theatres in New York which had no connection with the companv making the picture in ques- tion. He also explained to the board the theory of protection which placed him some 10 weeks or more behind New York first showings. Biggio told how he was first able to get all the product he needed and then _ found himself more and more restricted. Hays Asserts Films Helped To End Slump (Continued from page 1) and kindly humor in its entertain ment. "Historians of the future will no ignore the interesting and significan fact," he continued, "that the movie, literally laughed the big bad wolf o depression out of the public mine through the protagonism of 'Thr& Little Pigs.' " Continuing in this optimistic veii: Hays said theatre attendance ha> gained with increased industrial activ- ity and theatres had reopened. H described stars as the "direct sales men" of the industry and "industr as well as company assets." Wit this in mind he commended taler loaning strongly. Discussing the industry's "goal, he said: "Better pictures are th answer to every unfair charge levele against the screen. They are the ir dustry's bulwark against unfair c confiscatory legislative proposal Screen entertainment is the screen best advocate; it is also proof ur deniable of every error of judgmer or taste that the industry makes. An no right-minded member of the ir dustry, producer, distributor or e> hibitor, can remain content until sue; mistakes are reduced to the minimuil and the individuals who continue 1 make them find no room in the indu try. Can't Risk Public Faith "We cannot afford to jeopardi; public faith in our sincere and coi tinued efforts constantly to impro1 the standard of film entertainmet In that we know we are succeedin Motion pictures are getting better i the time." On the subject of picture improv ment he said the increasing numb of pictures based on literary classi and historical figures was a "signi cant phase of the industry's upwa progress." He also predicted mu: cals would "have a new inning" ai that simple stories dealing with ever day life would "revive in popularity i As a result of the establishment the Advertising Advisory Council, t report read, "advertising and publici is not only cleaner and in better ta: than heretofore, but is better advert ing as well. It has lost nothing frc' the standpoint of sales appeal ; on t j contrary, through the elimination ' objectionable features, it now attra* many persons whom it formerly i pelled." Officers were returned to their c, posts for the next year. Will Hays is president; Carl E. Millik ! secretary ; Frederick L. Herron, tre; urer, and George Borthwick, assi ant secretary and treasurer. Directors are : Hal E. Roach, Ce B. De Mille, Jesse L. Lasky, 5 Lesser, David Sarnoff, Merlin Aylesworth, Robert H. Cochra Jack Cohn, Earl W. Hammons, V I H. Hays, Frederick L. Herron, B. I Kahane, Sidney R. Kent, Joseph Schenck, Nicholas M. Schenck, Alb I L. and Harry M. Warner and Ado' I Zukor. Roach replaced Al Christie. M.P.T.O.A. Convention Issue The Leading Daily Newspaper of the Motion Picture Industry MOTION PICTURE DAILY Alert, Intelligent and faithful S©n«i^e> to the Industry In All Branches OP Announcing: The publication of three issues, dated April 10, 11, 12, right on the ground in Los Angeles during the life of the 14th annual convention of the M. P. T. O. A. and supple- menting the regular appearance of Motion Picture Daily in New. York each morning. b MOTION PICTURE DAILY Tuesday, March 27, 1934 Who? What? When? Who arc the appointees on code boards announced by Code Authority in New York? More thumbnail sketches, gathered by Motion Picture Daily correspondents, furnish the answer: Milwaukee "Jimmy" Gets $8,000 Take, Philadelphia Philadelphia, March 26. — With the exception of "Jimmy the Gent," which took $8,000 at the Stanton, and "As the Earth Turns," which gave the Boyd $12,000, one of the house's best recent figures, the holdover films held the spotlight in Philadelphia last week. "David Harum," playing its second week at the Fox, got a topnotch $15,000 and "Wonder Bar" drew a good $11,000 at the Stanley. Good weather through most of the week with spring peering in between cold days helped the general grosses. Total first run business was §82,300. Average is $81,900. Estimated takings for the week end- ing March 22: "NANA" (U.A.) ALD1NE — (1,300), 40c-55c-6'5c, 6 days. 3rd week. Gross: $5,000. (Average, $7,000) "ALL OF ME" (Para.) (2nd run) ARCADIA— (600), 25c-40c-50c, 6 days. Gross: $2,200. (Average, $2,400) "AS THE EARTH TURNS" (Warners) BOYD — (2,400), 40c-55c-65c, 6 days. Gross: $12,000. (Average, $12,000) "NO MORE WOMEN" (Para.) EARLE— (2,000), 40c-55c-65c, 6 days. Stage: Singin' Sam, the Rimacs, Melson and Irmanette. Gross: $14,000. (Average, $12,000) "DAVID HARUM" (Fox) FOX— (3,000), 30c-40c-60c, 6 days, 2nd week. Stage: N. T. G. Paradise Revue and Johnny Marvin. Gross: $15,000. (Aver- age, $12,000) "FOUR FRIGHTENED PEOPLE" (Para.) KARLTON— (1,000), 30c-40c-50c, 6 days. Gross: $3,300. (Average, $3,500) "I BELIEVED IN YOU" (Fox) (2nd run) KEITH'S— (2,000), 25c-35c-40c, 6 days. Stage: Ernie Vallee's Club Seville revue. Gross: $7,000. (Average, $7,000) "WONDER BAR" (Warners) STANLEY— (3.700), 40c-55c-65c, 6 days, 2nd week. Gross: $11,000. (Average, $12,000) "JIMMY THE GENT" (Warners) STANTON— (1,700), 30c-40c-50c, 6 days. Gross: $8,000. (Average $7,000) "MURDER ON THE CAMPUS" (Chesterfield) WALNUT — (1,500), 25c-50c, 6 days. "Parisian Fantasies" on the stage. Gross: $4,800. (Average, $5,000) Cantor Sets a Record Pittsburgh, March 26. — An all- time daily attendance record for Pitts- burgh was set last week at the Stan- ley by Eddie Cantor. He played to 18.333 paid customers in five shows. The previous mark was established only the week before by Joe Penner at the Penn when he attracted 17,500 customers. The 18,333 admissions represents only 300 short of the house's absolute capacity for five shows. State, Hartford, Opens Hartford, March 26. — The State, dark since last fall and not used for films for about a year, has been re- opened by Davis and Goldbaum, a corporation operating houses in Xew York and Xew Jersey. Joseph Glass- man, former manager of the Lenox and Rialto, second runs, is in charge. Yaudefilm programs, with changes thrice weekly, are planned. C order's Daughter Dies Cody, Wyo.. March 26. — Anna May. 17-year-old daughter of J. W. Corder. owner of the Cody theatre, died sud- denly at their home here. Mr. and Mrs. Corder were called back from a vacation trip south. .Milwaukee, March 26. — Joseph G. Rhode, impartial member on the Mil- waukee clearance and zoning, was born here 59 years ago. His boyhood days were spent in Chicago and later in Kenosha, Wis., where he is in busi- ness at the present time. In 1890, when Rhode was 15, his father built the Rhode Opera House in Kenosha. From that time on, and for 33 years after, Rhode was identi- fied with the management of theatres, including legitimate, vaudeville and picture houses. In 1908 to 1910 he served as secre- tary of the Middle West Theatre Man- agers' Ass'n, and acted as president of the Wisconsin Exhibitors' Ass'n in 1920-21. From 1921 to '24 Rhode was Xew Haven, March 26.- — Wesley A. Sturges, impartial member on the Xew Haven grievance board, was born in 1893 and was educated at the Uni- versity of Vermont, where he earned his Ph.B. degree in 1915, at the Co- lumbia Law School, where he was given his LL.B. in 1919, and at the Yale School of Law, from which he graduated with a J.D. in 1923. He has taught in law schools of the Uni- versity of South Dakota and Minne- sota and has been a professor of law at Yale since 1925. In the field of writing, Professor Sturges has been active and has to his credit "Treatises on Commercial Arbi- tration and Awards," "Cases and Ma- terial on Credit Transactions," "Cases and Materials on Administration of Debtors' Estates," was American col- laborator on "The International Year Book on Commercial Arbitration" Hartford May Open Sunday Afternoons Hartford. March 26. — Sunday afternoon films may be legalized at tonight's meeting of the board of al- dermen. At a hearing before ordinance committee last week all theatre man- agers, a representative of the Better Films Council and several leading citi- zens were unopposed in their argu- ments for afternoon programs on the Sabbath. Within the past two months Sunday afternoon shows have been le- galized in Xew Britain and Wiili- mantic. The proposed ordinance amendment would allow theatres to open at 2 P. M., rather than 5 P. M., the pres- ent regulation, "providing there be no advance in prices over week day prices." Theatre men have protested this clause on the ground that higher evening rates on Sunday would "bring them out of the red." More Acts for Oklahoma Oklahoma City, March 26. — Sup- port of the opening bill at Warners has convinced Pat McGee, Standard thea- tres general manager, that there is a demand for stage shows here. Two more have been scheduled. This town h»d been without stage attractions for two years. president of the M. P. T. O. of Wis- consin and in 1923-24 a vice-president of the M. P. T. O. A. It was in 1924 that he disposed of his theatre interests and became iden- tified with the finance and discount business as president and manager of the Kenosha Citizens' Loan & Invest- ment Co., with which firm he is still connected. He has also served as president of the Wisconsin Ass'n of Character Loan Companies and still holds an official position in that or- ganization. Rhode has been active in Kenosha civic affairs, having served on the board of aldermen, police and fire commissions and in other local ac- tivities. (Berlin, Xussbaum, editor-in-chief) and author of a number of articles in legal and other periodicals. In the field of public service, Pro- fessor Sturges likewise has been active. He is a member of the Con- necticut Commission on Pensions and Annuities for Public Employes, special assistant to the general counsel of the A. A. A., and a member of bank- ruptcy committee of the Chamber of Commerce of the United States ; a member of the commercial arbitration committee of the Connecticut Cham- ber of Commerce and a member of the committee on national legislation of the Xew Haven Chamber of Com- merce. On several occasions, he has arbi- trated disputes in the amusement in- dustry. Actors' Equity versus the M. P. T. O. A. being one of the most involved in this direction. Union in Milwaukee Reports 75 Get Jobs Milwaukee, March 26. — Seventy- five union operators have returned to work in Milwaukee in recent months through agreements that have trans- ferred 28 local houses from non-union to union ranks, according to O. E. Olson, business manager of Local 164. Only two of the 79 local houses re- main non-union, it was stated. According to Olson, there are now 190 operators employed in local houses as against 115 last spring. Wages under the "resent contract, which expires August 31, range from $26.25 in the small neighborhood houses to $62.16 in Class 1 houses for a 36- hour week. Push Work on Alvin Pittsburgh, March 26. — Construc- tion is being pushed on the Alvin and the Harris Amusement Co. expects t» have it ready to open by April 1, four months behind schedule. The house, former home of Shubert legitimate shows, is being remodeled and will seat 2,100 when completed. It has been intimated the Alvin will have pictures and unit shows. For films, it will have to depend on a split of the Fox product and independents. "Wonder Bar" Off to Good Coast Start Los Angeles, March 26. — "Won- der Bar" got' off to a flying start at Warners Hollywood and Downtown, piling up a total of $40,000 for the two houses. At the former it was $8,000 over normal and at the latter $4,000. "Come On Marines" with Ben Bernie and his band on the stage grabbed the other high money of the week. The $21,325 take topped aver- age by $3,325. All the other first runs suffered under the heavy com- petition. Total first run business was $94,- 581. Average is $95,450. Estimated takings for the week ending March 21 : "QUEEN CHRISTINA" (M-G-M) CHINESE— (2,500), 50c-$1.10, 3 days. (6th week.) Sid Grauman prologue. Gross: $7,806. (Average, $14,000.) "DAWN" (Col.) FILM ARTE — (800), 40c-50c, 7 days. Gross: 51.800. (Average, $2,650.) "GEORGE WHITE'S SCANDALS" (Fox) LOEWS STATE— (2,413). 30c-55c. 7 days. Gross: Sio.050. (Average, $14,000.) "COME ON MARINES" (Para.) PARAMOUNT— (3,595), 30c-55c, 7 days. Stage: Ben Bernie and his orchestra, F. & M. revue. Gross: $21,325. (Average. $18,000.) "IT HAPPENED ONE NIGHT" (Col.) RKO— (2.700), 25c-40c, 7 days. (3rd week). Gross: S6.100. (Average. $8,000.) "PALOOKA" (U. A.) UNITED ARTISTS— (2,100). 25c-40c. 7 days. Gross: S7.500. (Average, $12,800.) "WONDER BAR" (F. N.) WARXER BROS. (Hollywood)— (3,000). 25c-55c. 7 days. Gross: $22,000. (Average. $14,000.) "WONDER BAR" (F. N.) WARNER BROS. (Downtown)— (3.400). o5c, / da vs. Gross ; SI 8. 000. ( Average. $12,000.) Variety Club Goes on Air Columbus, March 26. — The local Variety Club, known as Tent Xo. 2. made its debut on the air over WAIU. local station, for a 15-minute program Friday night, under the head of1 "Drama Sketches." All material was written and presented by local "barkers." 'One Night" Sets Record Cleveland, March 26. — "It Hap- pened One Xight" established a local second run record by playing Keith'; East 105th St. foi* 25 consecutive days This followed a week's run at the RKO Palace, making a consecutive run of 28 days. Harris to Cleveland Cleveland, March 26. — Milton Har ris of St. Louis succeeds Ralph Ra venscroft as publicity manager fo: Loew's theatres in this city. Ravens croft has gone to the Coast. Weekly Shows Planned Cleveland, March 26. — The loca Variety Club has arranged to hol< regular Saturday night cabaret show for its members and euests. starting a 10 P. M. Rename Baltimore Pape\ Baltimore, March 26. — Under th new Hearst control the Baltimore Pos will be published as the Baltimor News and Post. New Haven Tuesday, March 27, 1934 MOTION- PICTURE DAILY 7 "Scandals," "Harum" and "Christina 99 Going Strong {Continued from page 1) iSome Code Boards Get Work Started (Continued from page 1) zoning board was named to arrange for permanent quarters in a conven- ient downtown office building. A 'budget was compiled for submission ko Code Authority. Mrs. Alice M. Juergens, secretary \ol the Film Board, was unanimously i recommended by the board for the position of joint secretary. Chicago. March 26. — Local boards start functioning tomorrow when the [grievance and clearance and zoning members hold a joint meeting for the purpose of naming chairmen and con- sidering recommendations for secreta- rial posts. Buffalo, March 26. — Organization of the grievance and zoning and clear- , ance boards is expected this week at | an informal joint meeting. Sidney Samson. Fox exchange manager and A. Charles Hayman, managing director of the Lafayette, are temporary chair- men of the grievance and zoning hoards, respectively. . Cleveland. March 26. — The local grievance and clearance and zoning boards will hold a joint meeting in the very near future. T- E. Fontaine, af- filiated distributor representative on the grievance board and John Heubner I of Marion, unaffiliated first run ex- hibitor on the zoning and clearance hoard, have been notified by Code Au- thority to call a meeting as soon as the members of both boards have been sworn in. Joint informal meetings of clearance and zoning and grievance boards were held yesterday in Dallas and Atlanta. The Washington boards meet today. Purpose of the meetings is to get ! board personnel familiar with provi- sions of the code and to schedule the : initial formal meeting to start the : boards functioning. Three Forms Printed For Grievance Files (Continued from page 1) , cover complaints under Article 6, Part L 2, Section 1 of the code. The second will be a blue form and ; will cover grievances under Article J 6, Part 2, Section 4. The third will be a pink form and will include protests dealing with non- theatricals, refusal of fair adjustment, designation of percentage playdates. reduced admissions, theatre transfers and premature advertising. All grievances must be filed in trip- ■ licate with local boards. ; ■ ' Elliott Repeats Refusal Cincinnati, March 26. — John B. Elliott of Lexington, Ky., grievance , board member, today repeated his re- fusal to serve, although it is under- . stood he has not submitted a formal I] resignation. Members of the local board are asking Code Authority to L appoint a substitute immediately to facilitate functioning of the board. (< Emanuel Cohen Here ; Emanuel Cohen, vice-president in charge of Paramount production, is in , town from the coast to discuss next season's lineup. a big draw, but it fell down in Provi- dence and dropped off in its second week at Chicago. In Indianapolis it was held for a fourth week. "David Harum" was the only big grosser in Kansas City in spite of the fact that it was in its second week. The take of $6,000 was 100 per cent over the Uptown average. "Jimmy, the Gent" and "She Made Her Bed" were the only other business getters. Detroit had one of the best weeks in months with a total first run gross of $79,000. Providence fans shied away from the big-shot pictures last week. "Bo- lero" and "His Double Life," a dual at the Paramount, was away off at $4,000, "Midnight" was also pretty weak at Fay's with $6,000, "David Harum" and "This Mad Age" was $1,000 under par with $6,000 at the Majestic, and "Catherine the Great" was the big- gest disappointment of all, getting only $10,500 at Loew's State. "Scandals" Big "George White's Scandals" bowled the cashiers over with a smash $11,- 000 at Warners' Hippodrome, Cleve- land. Normal for the house is $5,000. "Coming Out Party," with Buddy Rogers on the stage at the RKO Pal- ace, was the other big draw of the week. The take was $19,000. "Six of a Kind" and "The Gay Detective" took a satisfactory $4,200 at Loew's Stillman. "Queen Christina" was weak with $8,500 at Loew's State, and a dual, "Devil Tiger" and "Dancing Man," had a weak $2,000 at Warners' Lake. Montreal piled $11,000 into the Capitol box-office. This is $3,000 up. Lent held grosses down elsewhere. "As Husbands Go" was par at $10,- 500 at Loew's with a strong stage show. Business was good in most of the Minneapolis and St. Paul first runs. Above average draws in Minneapolis were : "As the Earth Turns," Minne- sota, $8,000: "Mandalay," RKO Or- pheum, $6,000 ; "Good Dame," State, $6,000. Two others, "Devil Tiger," Lvric, $1,500, and "Comrades of 1918," World, $2,000, were par. In St. Paul "The Private Life of Henry VITI" was the big monev-maker of the week with $2,500 at the 300-seat World." Three others were average as follows : "Bolero." Paramount, $5,500: "Palooka." Riviera, $3,500, and "Devil Tiger," Tower, $1,500. "George White's Scandals" took top money in Oklahoma City, $4,400, at the Midwest. "Death Takes a Holi- day" had a fair $4,700 at the Crite- rion. "Hips, Hips, Hoorav" was also a bit off with $2,200 at the Capitol. "Dark Hazard" and "Heat Lightning," splitting the week at the Liberty, gar- nered $2,100, over average by $100. Boston went for "George White's Scandals" with a rush. Helped by the "Hodge Podge Revue" on the Metropolitan stage, the Fox musical went to $34,000, over par by $6,000. "Queen Christina" was $5,000 up with a '$21, 000 take at Loew's State. "David Harum" also was a hit at Keith's, the $22,000 gross being $6,000 over the regular take. Seattle's two strongest attractions were "It Happened One Night," with $5,000 at the Liberty, and "Nana," with $4,750 at the Music Box. "Fash- ions of 1934" took a weak $3,500 in five days at the Fifth Avenue. "Jim- my, the Gent" fared badly with $3,750 at the Blue Mouse, and two other dull spots were the Orpheum, with "Search for Beauty" and "Devil Tiger," $4,500, and the Paramount, with "This Side of Heaven," $5,250. "David Harum" continued to be an Indianapolis sensation. The third- week take at the Apollo was $4,000 and it was held for a fourth stanza. "Death Takes a Holiday" grabbed a fine $4,500 at the Circle. "Love Birds," with a vaudeville bill, reached a par $6,000 at the Lyric. Chicago's prize attraction was "It Happened One Night" and a vaude- ville bill at the Chicago, where the $38,000 take topped par by $3,400. "David Harum" fell off to $8,000 in its second week at the McVickers. The other four first runs were weak. The record was : "Palooka," United Artists, $8,500; "Search for Beauty," Palace, $18,000; "Jimmv, the Gent," Roosevelt, $7,000; "Long Lost Fa- ther," State-Lake, $12,500. "David Harum" was the biggest film draw in Pittsburgh, grabbing $8,500, up by $4,500, at the Fulton, but big money honors went to "The Poor Rich" on the Stanley screen. Howard, Goldsmith Up for Wage Board (Continued from page 1) theatres, but never got anywhere. Rosenblatt was asked to step in and recently announced he would appoint a special committee to handle the matter. Howard is of the Scripps-Howard organization, publishers of the Nezv York World-Telegram, which some time ago agitated against Local 306 under the Sam Kaplan regime. How- ever, the paper's attitude has changed under the leadership of Harry Sher- man in the union. Goldsmith was at one time associ- ated with RCA as vice-president in charge of engineering. He also has been active in the affairs of the S.M.P.E. Milwaukee Doubles Spurt Despite Ban (Continued from page 1) with reports about that the practice will become more prevalent within the next month or so. In the state the dual policy con- tinues strong with all houses in Ke- nosha, both independents and affiliated, playing double features. The practice is also being carried on in varied de- grees in Madison, Racine, Green Bay, Marinette, Sheboygan, Beloit, Osh- kosh and Fond du Lac, some theatres in some of these spots billing the duals I daily. Smoke in His Eyes . . . and a swell idea in his head: He'll go to the M.P.T.O. A. Convention . . . find out for himself what this code business is all about... and settle a lot of other things that have been worrying him. 8 MOTION PICTURE DAILY Tuesday, March 27. 1934 MOTION PICTURE DAILY* HOLLYWOOD PREVIEW "Viva Villa" (M-G-M) Hollywood, March 26. — "Viva Villa" is a great picture, a big picture, a mighty screen entertainment sweeping powerfully across humanity's heartstrings. Auspiciously horn out of nerve-racking production travail, in inspired scenes it records the saga of a man of the masses and, in a Homeric portrait, encompasses Pancho Villa, hero and a human being. Like the "Marseillaise" rousing the emotions, it reveals the birth of Mexico amid a cavalcade of stirring climaxes. Spun from the fiction of truth, it thrillingly rides the meteoric parade of Pancho as a boy and Villa ( Wally Beery) as a man. It shows him as the bandit chief, aided by the jovial killer (Leo Carrillo), loved by his mad peons, pillaging, killing aristocrats, loving song, wanting to marry every pretty face and wrangling with his love-note scrivener (George Stone). It visualizes his affection for a little fellow, Madero (Hfenry B. Walthall), his palship with an American reporter (Stuart Erwin), for whom he captures two towns against the orders of his superior (Joseph Schildkraut) because his newspaper had previously printed the scoop. Exiled and humiliated, Villa returns after Madero's murder, assaults Mexico City with his tattered peons singing "Cacaracha," their revolu- tionary anthem, and, victorious, avenges the killers of his father and the ravagers of his sister. Inaugurated, he flops as president, resigns, is assassinated, and in a butcher shop, dying, requests Erwin to give him some good last words to say. Ringing throughout the raging expanse is the heart cry of an op- pressed people thumping in rhythmic crescendo and galloping like an army of Paul Reveres across the countryside. Lusty and vigorous, salted with humor and flavored with romantic ardor, Villa's glamorous spectacle tingles with continuous excitement. Beery's Villa is an unforgettable conception. The entire cast is made of splendid selections and performs admirably and humanly. Jack Conway's direction rushes him into the spotlight of accomplishment. Ben Hecht's screenplay from the book, with suggestions by Eugene Pinchon and O. B. Stade, is a monumental achievement. All the con- tributing departments of the studiocrafts rate decorations. David O. Selznick, the producer, may well thrill with pride ; the laurels are his. "Viva Villa" is giant showmanship for tremendous popular reception, and with another current road show, may well mark the rebirth of box- office, as well as win Mexico's everlasting friendship. "Manhattan Love Song" (Monogram) Hollywood, March 26. — Nicely produced, with timely story and sets in keeping, "Manhattan Love Song" — not a musical — is an acceptable programmer. The yarn deals with two society girls forced to go to work and servants who go to society. Two orphan sisters, Dixie Lee and Helen Flint, daughters of Park Avenue, are left penniless. Owing their servants back salary, they permit them to use the spare room as paying guests, thinking that the servants would then serve free of charge. However, Bob Armstrong, chauffeur, and Nydia Westman, cook, refuse to serve, turn the table on their employers and refuse to feed them unless they work. Armstrong, who uses the Rolls Royce as a sightseeing vehicle, secures Pancake Annie of Nevada (Cecil Cunningham) and her son, Phineas (Harold Waldridge), as passengers. They want to view New York, meet society and see some horses. Armstrong arranges a socialite tea for Pancake Annie and her boy, which merry mixup results in the engage- ment of Phineas to the cook, establishes Dixie Lee's romantic feelings for Robert Armstrong, and points the way for the marriage of Helen Flint with Franklin Pangborn. Dixie Lee, wife of Bing Crosby, is attractive, and with Robert Arm- strong stands out in the cast, together with Herman Bing. Direction by Leonard Fields is in slow tempo. Ed. Rowland Dies Hollywood, March 26. — Edward W. Rowland, 67, for many years head of the Hollywood Playhouse, died at his home here today from a heart attack. He is survived by a son, Edward W. Rowland, Jr., of New York. Shreveport Bans Contests Shreveport, La., March 26. — The Shreveport City Council has unani- mously passed an ordinance forbidding marathon dances and walkathons. Fines ranging from $10 to $50 and imprison- ment of not more than 10 days are provided for violations. Looking 'Em Over "Ever Since Eve" (Fox) "Ever Since Eve" makes the grade as generally good entertainment primarily on the strength of its humor. The plot has quite a familiar ring to it, but it is unfurled with such a grand sense of fun that what- ever faults the film may have can be overlooked. George O'Brien, owner of a mine in Nevada, is sent to New York to buy new machinery by Russell Simpson and Roger Imhof, two old gents, women haters, who have brought him up. Herbert Mundin is delegated to go along as chaperone. Despite Mundin's vigilance, O'Brien falls in love with Mary Brian, an extremely modern young thing, and marries her. Upon the discover}' that his money has influ- enced her in marrying him, his affection cools. The gang back in Nevada, though at first displeased at his having gotten himself tangled up with a woman, soon develops a deep liking for Miss Brian. When O'Brien quits her, his pals move heaven and earth to locate him, but with no success. While he is away a baby arrives. At his return every- thing is smoothed out, to the rejoicing of everyone. The cast apparently had a grand time making "Ever Since Eve." The players romp through the whole thing with considerable zest. Much is due Mundin for making the film so amusing. George Meeker and Betty Blythe are also in the cast. Direction is by George Marshall. "Speed Wings" (Columbia) A fast-paced, actionful thriller that should please the Tim McCoy rooters no end. The roar of airplane motors and the sight of planes streaking through the air will make this film particularly welcome to the young folk. As if this were not enough, the producers have thrown in a couple of fistic encounters between McCoy and those who are try- ing to foil his plans to build a record-breaking airplane engine. The film begins to gather momentum when McCoy catches a hench- man of a rival plane builder on the point of stealing the plans. The in- truder gets a lovely walloping, and from then on the villainy gets blacker and blacker. When McCoy finds his plans gone, he suspects Evalyn Knapp of giving the combination to the safe to his rival, whose niece she happens to be. On the eve of the big race of the year Miss Knapp is cleared of suspicion when McCoy surprises one of his assistants at the telephone speaking with his competitor. William Bakewell, associate of McCoy, in love with Miss Knapp, has had his ne,rve broken by the death of a chum in a crack-up. As is to be expected, he picks himself together and comes through the winner of the race. The acting is competent and the air scenes have been extremely well done. Other players are Vincent Sherman, Hooper Atchley, Ben Hew- lett and Jack Long. Otto Brower is credited with the direction. Hyams Take Another London, March 26. — Phil and Syd Hyams have taken over the Regal at Edmonton, a suburb of London. This places them in direct opposition to Sydney Bernstein in that suburb. Reeves Finishes Short The Reeves Sound Studios have I just completed synchronizing a short titled "The Yemenite Jew in Pales- tine" for A. Gabli Pictures. Opportunity DesireJ with Major Producer New York attorney thoroughly experienced in legal business and negotiations in conjunction with production department, asso- ciated with and handled important motion picture transactions and accomplished things in this industry; also admitted to the California bar and practiced in that state. Seeks an opportunity with production department of major company in studios at West Coast to handle company business in conjunction with home office. Want opportunity of studying and acquiring the production knowledge of business. Highest references. Box RAS, MOTION PICTURE DAILY 1790 Broadway New York, N. Y. The Leading Daily Newspaper of the Motion; Picture Industry MOTION PICTURE DAILY Alert, Intelligent Faithful Service to the Industry in All Branches OL. 35. NO. 72 NEW YORK, WEDNESDAY, MARCH 28, 1934 TEN CENTS 3ara.-Publix \sks for End 3f Bankruptcy Four Circuits Here Seeking Board Places dove Is Court Formality Only Two Allotted Under With Action Later Provisions of Code Complying with a legal technicality > permit a reorganization of the com- any some time this year. Paramount ublix yesterday filed a petition in U. . District Court here asking that the ompany be discharged from bank- iptcy. The bankruptcy law requires that toch a petition be filed within one ear after a company has been ad- udicated a bankrupt in order to make eligible for reorganization during ie following year. Paramount filed s petition in bankruptcy March 14, but the petition remained under (Continued on pane 4) Jara.'s Entire 60 To Be Ready May 15 Paramount's entire 60 pictures on ie 1933-34 schedule will be cleared way by May 15, Emanuel Cohen, reduction head, who is here from the }ast for conferences on next season's :hedule, said yesterday. On that date 11 facilities of the studio will be ready 3r the new season's program, Cohen lid. Currently, there are eight pictures (Continued on page 4) nwo Loew Cleveland Houses Go to Duals Cleveland, March 27. — Effective ^pril 6, Loew's Granada, ace West ide house, and the Alhambra, subse- uent run East Side house, go into a (Continued on pane 4) Toronto Needs Sleep Toronto, March 27.— A moral uplift wave has again struck Toronto with the result that the lid is being clamped down by the municipal authorities. Civic officials have now got it into their heads that mid- night shows at theatres are immoral because they keep the natives up late nights. The city has applied to the Ontario Government for au- thority to prohibit the hold- ing of late shows for any purpose so that the people will have to go to bed for the ' want of something else to do. Four local circuits are fighting for a place on the New York clearance and zoning board, with only two spots allotted them under code provisions. Circuit representatives seeking posts on the board are said to be Charles C. Moskowitz of Loew's, Leslie E. Thompson of RKO, Don Jacocks of Warners and George Skouras of Skouras theatres. According to the tentative lists orig- inally set up, Moskowitz was down as first run affiliated exhibitor for the Xew York clearance and zoning board, while Skouras and Jacocks were men- (Continued on page 4) MPTOA Picks Seven Convention Groups Seven standing committees were ap- pointed yesterday for the M. P. T. O. A. annual convention on the Coast. April 9-12. They comprise grievances. NRA code-trade practices, XRA labor provisions, resolutions, legislation and taxes, public relations and community affairs and credentials and rules. Rep- resented on these committees are the- (Continucd on page 9) Censor Moves Worry Canada Distributors Toronto, March 27. — On top of the news that Canada's tiny Atlantic Sea- board Province of Prince Edward Island is considering a proposal for the creation of a film censor board because someone complained of the moral tone of "Henry VIII," comes the information that the Government of Saskatchewan wants to have its censor board at Regina, Sask. At present the Saskatchewan cen- (Continued on page 9) New Theatre Union Talks Are Resumed Meetings with New York circuit representatives over recognition of Local 118, Theatre and Amusement Employes Union, were resumed yes- terday before Mrs. Elinore M. Her- rick at the NRA Regional Labor Board here. Representatives of Loew's attended yesterday's session. Other circuits will be summoned at meetings to be held later. The labor board declined to issue any statement yesterday. Darrow to Campi All members of Code Au- thority yesterday received the i olio wing wire from Clarence Darrow, chairman of the National Recovery Review Board, requesting their ap- pearance in Washington to- morrow. "National Recovery Review Board requests your attend- ance at a hearing adjourned for the purpose of obtaining your presence Thursday, March 29 at 10, Willard Hotel, Washington. We desire your testimony with reference to practices of the motion pic- ture industry." Board Quiz Hangs On "C. A." Presence Washington, March 27. — Further investigation of the code situation by the National Recovery Review Board tonight depended upon the appearance here Thursday of the members of the Code Authority, yesterday asked by Lowell Mason, counsel for the board, to come to Washington for question- ing. Requests to appear at the Thursday hearing were today sent by the board to the sales managers of eight pro- {Continued on pane 4) Delaware Censorship Opponents Lined Up Wilmington, March 27. — Repre- sentatives of the Hays office, Loew's, Inc., and the Independent M.P.T.O. of Delaware and the Eastern Shore of Maryland will put up a united front against the proposed censorship bill at a hearing to be held this week at Dover. George A. Jones, manager of (Continued on page 9) Vitaphone vs. Erpi Suit in a New Move Wilmington, March 27. — Vita- phone filed a replication here today in its royalties action against Erpi, con- tending that allegations in its bill of complaint are true and that allega- tions in the defendant's plea that the state courts cannot assume jurisdiction (Continued on page 4) Actors' Federation To Receive Charter An American Federation of Labor charter will be presented tonight to the American Federation of Actors at 11 o'clock. The presentation will be made by Paul Dulzell, international secretary of the Associated Actors (Continued on page 4) Campi to Map Review Board Policy Today Government Body Lacks Power to Subpoena Members of Campi — Code Author- ity of the M. P. Industry — will deter- mine today their course of procedure in reply to telegrams received from Clarence Darrow of the National Re- covery Review Board asking their ap- pearance in Washington tomorrow to discuss the code. The question was discussed infor- mally but at length when it was de- termined to further air the matter with counsel of the various companies represented on Campi before adopting a course to be followed. It was pointed out that the broadness of the Darrow request constituted a situation (Continued on page 4) Sales Executives Not Notified Yet Sales executives of leading com- panies, with the exception of George J. Schaefer of Paramount, who, ac- cording to Washington advices, are also wanted to testify before the Review Board at tomorrow's hearing, had not received requests to appear up to late yesterday. Schaefer's sum- mons was addressed to him as a mem- (Continued on page 4) Labor Arbitration Up for Discussion Washington, D. C, March 27. — Proposals for the incorporation of clauses providing for the arbitration of all labor controversies, including those involving stage hands and musicians, are expected to be the sub- ject of major importance tomorrow at (Continued on page 4) Biggest Tub Yet Hollywood, March 27.— Cecil B. DeMille's bathtub scenes are getting bigger and better. In "Cleopatra" the tub will be 100 ft. by 150 ft.— co-ed style, with Roman gentlemen and ladies. The scenes have just been filmed secretly, accord- ing to the publicity depart- ment, so the bathers wouldn't be "embarassed." MOTION PICTURE DAILY Wednesday, March 28, 1934 MOTION PICTURE DAILY (Registered U. S. Patent Office) Vol. 35 March 28, 1934 No. 72 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 CIcle 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. Clifford, manager; London Bureau: 6 Brookland Close, Hampstead Garden Suburb, Bernard Charman, Representative; 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: 11 Olaaz Fasor 17, Endre Hevesi, Representative. 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. Jobless IATSE Men Getting Free Meals Chicago, March 27. — This city has a new form of help for unemployed stagehands — a restaurant started by George Brown, head of the I.A.T.S.E., in which members can get three meals a day free of charge without em- barrassment. Working members of the union buy tickets good for meals at the res- taurant and those not working get them free. Only Brown knows who has paid for them and who hasn't, and it is said that 36,000 free meals have been served during the first six months. Meals are 35 cents each and the restaurant is self-supporting. "U" Adds Two Classics Hollywood, March 27. — Universal has added two classics to its next season's list — "Swiss Family Robin- son," written by Johann David Wyss in 1813, and "School for Scandal," Sheridan's famous drama, first pre- sented in 1777. The company has also taken up an option on "One More River," John Galsworthy's last novel. H other sall-Neidig Wed Edna Hothersall and Fred J. Neidig of Motion Picture Daily today will be married at the Brick Presbyterian Church. After a short honeymoon, they will reside in New York. To Conduct Roxy Poll Audiences at the Roxy will be polled next week to determine reaction of patrons in a revival of "All Quiet on the Western Front." Insiders' Outlook \yf OST persistent are those re- ports Warners contemplate a theatre shift in Philadelphia, its strongest zone; that is, nu- merically. Joe Bernhard says he's well satisfied. Candidates whose names are linked by ru- mor with rumblings of changes are (1) Sol Hankin, formerly a Warner zone manager in Wis- consin before Dave Weshner went in and (2) Herschel Stuart, long with Publix and RKO. There it is, for time to dispose. . . . ▼ Los Angeles got a thrill of ex- citement the other day when the rumor was afloat the Skourases were out of Fox West Coast management and Herman Wob- ber, Fox head man in the west on all matters aside from produc- tion, was in with Jack Sullivan as general manager. Says Sid- ney Kent : "It's as crazy a ru- mor as ever I heard." Nothing but secrecy around those mara- thon conferences in New York on FWC reorganization what with Charlie Skouras, the re- ceivers, the bankers and Kent sitting in. . . . Kansas City flash: "Elysia" will be held over at the Publix Royal another week because the management "figures that it would be more advantageous than running in a new picture for Holy Week." "Elysia," a nude picture very nude, for Holy Week ! There's a booking for you. . . . Differences in opinion and procedure between the NRA and NRRB over code matters find the film business in the mid- dle. But that's happened before, hasn't it? . . . Walter Reade, having noticed the best of everything in Holly- wood gets an Academy statuette, is* in the ring for one of the awards. He says he has outdis- tanced all competitors in sitting through punk pictures. . . . Mort Shea still running the Brooklyn Paramount ? You're screwy, says Paramount to The Insider and continues : "Fact Bill Raynor continues there is not because Shea is in, but because Raynor is the man for the job." . . . April 7 draws near and with it General Johnson's deadline on the Hollywood report, the dope for which Sol Rosenblatt went west recently. That should make an extremely interesting document. Coincidence : Para- mount has its Bob Gillham, pub- licity and advertising chief. Kan- sas City has its Gillham theatre. . . . Strange how those stories about N. L. Nathanson and his reported control of Famous Play- ers Canadian will persist. . . . Watch the first page tomorrow. It's going to sizzle. . . . KANN Roxy Plans Benefit Show A benefit performance will be given at the Roxy on April 6 for the Foster Home Department of the Chil- dren's Aid Society. "The Constant Nymph" will be current during the week. Harry Cohn East Hollywood, March 27. — Harry Cohn, Columbia president, plans to leave here for New York, April 4, to confer with Jack Cohn, vice-president, on new season production plans. Stocks on Big Board Recede Net High Low Close Change Columbia Pictures vtc 25% 2554 2S% —VA Consolidated Film Industries 454 VA MA — 54 Consolidated Film. Ind. pfd 1554 1454 1554 —1 Eastman Kodak 8654 8554 86 —2 Eastman Kodak pfd 132 132 132 —154 Fox Film "A" 1554 1454 1434 — 54 Loew's Inc 3054 3054 3054 —154 M-G-M pfd 2454 2454 2454 + 54 Paramount cts 454 4J4 454 — 54 Pathe Exchange 3 2% 2% — 54 Pathe Exchange "A" 1754 1634 1754 — 54 RKO 354 354 354 — 54 LTniversal Pictures pfd 3254 32 32 —VA Warner Bros 654 6 6J4 — 54 Technicolor Down % on Curb Net High Low Close Change Sentry Safety Control 54 54 54 Technicolor 854 754 754 — % Trans Lux 2 2 2 — }4 Pathe Bonds Slump /% Points Net High Low Close Change General Theatre Equip. 6s '40 954 9 9 — 54 Keith. B. F.. 6s '46 6554 6454 6454 +54 Loew's 6s '41 ww deb. rights 98 98 98 — 54 Paramount Publix 554s, '50 4954 49 49 — % Pathe 7s '37 ww 9154 91 91 —154 Warner Bros. 6s '39 wd 5454 5354 54 —1 Sales 300 500 700 700 10 1,200 12,400 300 13.500 6.900 2.500 4,000 20 8.800 Sales 100 1,000 200 Sales 25 10 2 16 4 31 i Purely Personal > SAM H. HARRIS will arrive in New York Friday from the coast to attend the joint testimonial dinner with his former partner, George M. Cohan, to be given by the Jewish Theatrical Guild at the Astor April 8. Clark Robinson, stage designer, who was associated with Roxy for years at the Capitol and the RKO Music Hall, has been signed by the Paramount. John W. Hicks was due in yester- day on the Olympic, but the fog tied things up in the harbor so tight that he won't reach his Paramount offices until today. Harriette Ashbrook's "Murder of Stephen Kester" has been sold to Chesterfield. It probably will be filmed under the title, "Green Eyes." Howard Cullman has invited Mayor LaGuardia to talk before Roxy patrons on the New York City economy bill and taxicab situation. Jimmy Durante will be host to 500 pupils of P.S. 1, his Alma Mater, it is said, at the Capitol this afternoon Irene Dunne arrives in town today on her usual between picture vacatior with her husband. Jack Warner will take a party ol his friends for a three-day cruis< starting Friday. Barbara Brandt has been added tc the cast of "Frankie and Johnnie.' George Brown left for Washingtot yesterday and returns here Monday Estelle Taylor is at the Warwick Buckley to Cleveland Harry D. Buckley leaves for Cleve land tomorrow to witness the openins of "The House of Rothschild" at th Ohio. Monroe Greenthal leaves toda; for Boston where the picture open Saturday at the Majestic. Buckle will also be on hand for the Beantowi premiere. On April 17, the U.A. film opens a Gary, San Francisco, with Harr Brand of the studio publicity fore and Bob Doman of the United Artist theatre in San Francisco handling th debut. Hazel Flynn to M. H. Hazel Flynn, former motion pictur editor of the Chicago Evening Amer lean under the name of "Rob Reel, joins the Music Hall publicity depart ment this week-end, succeeding Georg Gerhard, who resigned recently. Get) hard's plans are undecided. Fox Picks "Debutantes' Hollywood, March 27. — Fox ha added to the competition against th Wampas "Baby Stars" by followin the custom it started last year and hi named five "debutantes" for 193- ! They are Alice Faye, Pat Patersoi Claire Trevor, Rosemary Ames an Drue Leyton. No Summer Shutdown Hollywood. March 27. — Winfie' Sheehan said today that there woul be no summer shutdown at either tl old Fox studios or the Westwoc plant. glimpse you as the handsome young medico whose specialty is heart complaints. "MEN IN WHITE" this year's biggest stage sensation, is still packing em in on Broadway, 8th big month, and what a picture M-G-M has made of it, starring CLARK GABLE with MYRNA LOY and this cast: JEAN HERSHOLT, ELIZABETH ALLAN, OTTO KRUGER. Directed by Richard Boleslavsky.^ LEO MARCHES ON! MOTION PICTURE DAILY Wednesday, March 28, 1934 Campi to Map Review Board Policy Today (.Continued from page 1) with which Campi had not been con- fronted until now. One Code Au- thority member made considerable of the point that the review board, a government agency, had extended its request to this industry as part of its official duty, which concerns probing of code authorities in all industry from the angle of encouragement of monopolistic practices and that, be- cause this industry was among the first to be called, it did not necessari- ly follow it had been singled out above all others. At Campi headquarters, it was ex- plained it was the desire of Code Authority members to cooperate, but that it was felt further discussion with attorneys was advisable before taking any stand. The National Recovery Review Board, it was pointed out in another, but well-informed quarter, has no sub- poena rights and that, therefore, Code Authority in this business would be within its scope to refuse to appear if its members so determined. Present at yesterday's meeting were Harold S. Bareford, alternate for Harry M. Warner ; Nicholas M. Schenck, Louis Phillips, alternate for George J. Schaefer ; Walter Vincent, alternate for Ed Kuvkendall ; Charles L. O'Reilly, R. H. Cochrane, Abe Montague, alternate for Jack Cohn. S. R. Kent, W. Ray Johnston and Leslie E. Thompson, the latter alter- nate for M. H. Aylesworth. Sales Executives Not Notified Yet (Continued from page 1) ber of Code Authority rather than as a sales executive. It is believed that John D. Clark, Fox general sales manager, may be summoned for the hearing in view of the fact that he has sat in frequently at Code Authority meetings as alter- nate for Sidney R. Kent. James R. Grainger, Universal general sales manager, Jules Levy, RKO sales man- ager, and Al Lichtman, vice-president of United Artists in charge of distri- bution, are out of town. Other sales executives had not received notifica- tions to appear yesterday. Labor Arbitration Up for Discussion (Continued from page 1) the hearing on revision of the legiti- mate theatre code before Deputy Administrator William P. Farns- worth. Arbitration problems and proposals for the elimination of ticket scalping are expected to be points of consider- able controversy. Recommendations on both questions will be contested. Chicago Sets Budget Chicago, March 27. — Local code board appointees at a meeting today set $1,000 per month as a tentative budget to cover all expenses. 800 Tickets Sold The committee in charge of the forthcoming Ampa "Naked Truth Dinner," to be held in New York on April 21 at the Astor, has received 800 reser- vations as of last night. Board Quiz Hangs On "C. A." Presence (Continued from page 1) ducing companies, including George Schaefer of Paramount, already sum- moned as a member of the Code Au- thority. Those asked to testify include Felix Feist, M-G-M ; Albert War- ner, Warners; Abe Montague, Col- umbia ; John D. Clark, Fox ; Ned Depinet, RKO; Paul Burger, United Artists, and James R. Grainger, Universal As the board today switched to the subject of coal, tension between it and the National Recovery Adminis- tration became more acute, with in- dications that it would be one of the first matters to be brought to the at- tention of the President upon his re- turn from Florida April 6. Recovery Administrator Hugh S. Johnson was made fully conversant with the situation today by Division Administrator Sol A. Rosenblatt, who yesterday refused to submit to ques- tioning by the board. Keeps Files Closed Proceeding further with its policy of keeping aloof from the Recovery Administration, the board, which had already decided not to avail itself of the files, advice or information of the NRA, has issued orders that its files and information are not to be made available to Administration officials. Dissension among the members of the board has made its appearance, reports being current in Washington today that John F. Sinclair of New York was contemplating resigning as a result _ of the alleged haphazard manner in which investigations are being conducted. Members of the board have frank- ly admitted that they saw little oppor- tunity for constructive work. Such hearings as have been held have dis- closed that the complaints cover the same points and are being filed by the same persons as during negotiations of the codes. The board is entirely without technical staff, with no one held competent to give reliable and impartial information regarding trade practices and other points being brought up at the hearings. In the case of the film code. Mason does not appear to have studied or even heard of the several decisions of the Federal courts on block booking, designation of play dates and other points. Apprised of their existence by newspaper men. Mason declared he would look them up immediately before proceeding further with con- sideration of the points covered. Celebrity Making 24 A total of 24 color cartoons will be produced by Celebrity Productions for the 1934-35 season, with release through the independents. Schenck Starts East Hollywood, March 27. — Joseph M. Schenck. president of United Artists, has left for New York. Para.-Publix Asks for End Of Bankruptcy (Continued from page 1) attack by creditors' interests for sev- eral weeks and was not finally ap- proved by the U. S. Circuit Court of Appeals until May. The petition for a discharge from bankruptcy was filed by Rosenberg, Goldmark & Colin, Paramount's bank- ruptcy attorneys. Its approval by the court would relieve Paramount Pub- lix of liability for debts after the final rerganization plan has been approved by creditors and approved by the court. Paramount's reorganization plan is being held in abeyance while the large claims filed against the company are being settled. Actual submission of the plan for the approval of credi- tors and the Federal court is not ex- pected before next fall. Fremont Rent Claim On Para. Is Slashed A rent claim of $21,450 filed against Paramount Publix on behalf of the Fremont, at Fremont, O., was allowed in the reduced amount of $6,500 by Referee Henry K. Davis yesterday. All of that portion of the claim which represented future rent was dis- allowed, while a reduced allowance on the claim for past rent was approved. A past and future rent claim for $48,714 filed on behalf of the Para- mount exchange building at Philadel- phia is scheduled to be heard by the referee today. Para's Entire 60 To Be Ready May 15 (Continued from page 1) in work at the Paramount studio, in- cluding "Cleopatra" and "She Loves Me Not," both of which are on the 1934-35 schedule. Six additional pic- tures are being edited and five are in preparation, Cohen said. The Para- mount production head said that 10 pictures will go into production during April and six during the first two weeks of Mav. Sign Writers Offer Modified Contracts New" contracts are being submitted to New York circuits today by Sign Writers' Union. Local 230. which are understood to represent a compromise on the local's original demands for a seven-hour day and four-day week, with a daily increase in wages of $1.50. Circuits opposed the first con- tract and prepared to meet a strike. Current agreements expire April 1. with the local expecting action on the new contracts by the end of the week. Four Circuits Here Seeking Board Place* Two Loew Cleveland Houses Go to Duals (Continued from pane I) double feature policy. The Granada will play two first run features every Friday. Saturday, Sunday and Mon- day. From Tuesday to Thursday, a single feature, second run following the State, will be shown. The Alhambra will play duals all week, with three changes. (Continued from page 1) tioned for the New Jersey boar However, the New Jersey setups hai been discarded and now members the selection committee are trying tq;] place them on the New York setup. I A suggestions has been made that] the clearance and zoning board for the J local territory' be increased to 13 which would take care of all interests! This recommendation is under fire iri-j asmuch as the code provides for orirj| six members. While some objections are said to have been leveled at Moskowitz, which might prevent his being named, Loew's is understood to have insisted on rep- resentation because of its investmenl in about 70 theatres. It is said th< company is the largest theatre holding company in the local field. RKO's interest is heavy and it like wise is demanding a place on th< board. The company is understoo< to be insisting that Thompson named as affiliated first run exhibi tor. Warners, whose interest in Nev Jersey houses is said to run arouni $32,000,000, are after places on botl the Xew York and Philadelphi boards. Jacocks is in charge of the atres across the Hudson and is under stood to be anxious to have a say i the setting up of the clearance am zoning schedules for both territories Skouras operates about 35 houses New York and New Jersey. Whil the elimination of the Jersey boar plan removes him as a possible selec tion there, he may be named to th first run unaffiliated post on the loca board. Skouras is an independent op erator in this territory and qualifie for this post. He will most likely ge it. Edward Rugoff, Brooklyn inde pendent circuit man, was originall; scheduled for the appointment. The committee on selections is slatd to meet today, but may postpone th session because of the Washingto hearing tomorrow. Actors' Federation To Receive Charte\ (Continued from page 1) and Artists of America at a meetin in the Biltmore Theatre. Fred Keat ing, president, and Ralph Whiteheac secretary, will officiate for the actor: j Among the speakers expected arj Aldermanic President Bernard 5 Deutsch. License Commissioner Pal ! Moss, Public Welfare Commissione Stanley Howe, Judge Jacob Pankiij Eddie Dowling, Victor Moore, Hug Frayne. Elias E. Sugarman, Bird £ Coler. Charles Baum and P. YV Coulcher. Vitaphone vs. Erpi Suit in a New Mov\ (Continued from page 1) in the suit are not true. It states thcl it is ready to submit proof. This move puts the suit back i| Chancery. It has been before thj Delaware Supreme Court on the d«l fendant's plea twice, the defendar] being sustained both times. Date fc| a hearing on the replication is to tl fixed later. 150,000,000 of Them! America's Largest Ready-Made Audience Waiting for Radio's two most Popular Male Singers, Appearing in Paramount Pictures. : PARAMOUNT Ol Two recent radio polls — one by the Scripps-Howard newspapers and one by Radio Stars Magazine — revealed that BING CROSBY is the favorite troubador of the air. His next picture will be WE'RE NOT DRESSING with Carole Lombard, George Burns and Gracie Allen, Ethel Merman and Leon Errol; directed by Norman Taurog, music by Gordon & Revel and released April 27th. I f it's ■J I PARAMOUNT PICTL HE AIR TODAY! Second to Bing Crosby In the Scripps-Howard and Radio Stars Magazine radio polls, Lanny Ross's enormous air following was re- vealed when he received 40,000 requests for photographs from two broadcasts on Maxwell House Hour. Ross's first picture will be MELODY IN SPRING with Charlie Ruggles, Mary Boland and Ann Sothern, directed by Norman McLeod and released April 20th. it's t h e s t o w i n March 29 — Lanny Ross will broadcast music from "Melody in Spring"on theMaxwell House ShowboatHour at 9 P.M. Eastern Standard Time over NBC red network. March 31 — A preview of "Melody in Spring" will be broadcast on the Borden Hour, "45 Minutes in Holly- wood/' at 8:00 P. M. Eastern Standard Time, over the Columbia System on a coast-to-coast hook-up. April 2 — Bing Crosby will broadcast the entire score of "We're Not Dressing" on the Woodbury Hour, at 8:30 P. M. Eastern Standard Time, over the Columbia network, from the Atlantic Seaboard to Denver. He will be assisted by Carole Lombard. [ F El Wednesday, March 28, 1934 MOTION PICTURE DAILY "Death" Goes Big in Denver With $8,000 Denver, March 27. — "Death Takes a Holiday," with $8,000, was the only film to turn in more than average. Several factors caused this. The play had been produced here in stock sum- mer before last, Fredric March is a former Elitch star, and a heavy ex- ploitation campaign was put on by Louie Hellborn. It was held for an extra three days, the first time this has happened at this house since December. Other houses did average except the Orpheum, which went a little above with "Jimmy the Gent" and a stage show. ' • Total first run business was $30,500. Average is $27,000. Estimated takings for the week end- ing March 22: "MANDALAY" (F.N.) ALADDIN — (1,500), 25c-40c, 7 days. Gross: $3,000. (Average, $3,000) "DEATH TAKES A HOLIDAY" (Para.) DENHAM— (1,500), 25c-30c-40c, 7 days. Gross: $8,000. (Average, $5,000) "SCANDALS" (Fox) DENVER— (2300), 25c-35c-50c, 7 days. Gross: $7,000. (Average, $7,000) "JIMMY THE GENT" (Warner) ORPHEUM— (2,600), 25c-40c-50c. 7 days. Stage show. Gross: $10,000. (Average, $9,500) "DEVIL TIGER" (Fox) PARAMOUNT— (2,000), 25c-40c, 4 days. Gross: $1,600. "I LIKE IT THAT WAY" (Univ.) PARAMOUNT— (2,000), 25c-40c, 3 days. Gross: $900. (Average for week, $2,500) $2,500,000 Monogram Budget Aim of Carr Hollywood, March 27. — Before leaving tonight for the annual Mono- gram convention, which opens irt At- lantic City on April 4, Trem Carr, production head, stated he would re- quest a $2,500,000 budget for next season's product, which is $250,000 larger than the last budget. This would bring the cost per picture to an average of more than $100,000. Under the new budget employment for 200 more persons would be pro- vided. Lou Ostrow, production manager ; J. T. Sheffield of Seattle, and Floyd St. John of San Francisco, Monogram franchise holders, will head directly for Atlantic City within the next few days. Backed as Arbitrators Hollywood, March 27. — Upon fur- ther verification of their power to operate as arbitrators of studio code violations, Mrs. Mabel Kinney, chair- man of the extras' code committee, and the Studio Labor Board, received a wire from Division Administrator Sol A. Rosenblatt today giving them complete authority on these matters. But despite this, Judge Ben B. Lind- sey received orders from George Creel, state NRA chief, to proceed in han- dling and adjudicating these com- plaints. K.C. Boards to Meet Kansas City, March 27. — An or- ganization meeting of the local code boards has been called for Friday. Two Cats Missing Hollywood, March 27— Uni- versale publicity stunt of in- terviewing several score black felines for "The Black Cat1" recently, was not alt -it' was cracked up to be. Two of the cats were lost somewhere on the sound stages and are contin- ually breaking into tune dur- ing production. Truitt Dickers for Two Houses in K. C. Kansas City, March 27. — This town will get two picture houses, under a deal planned by Jack Truitt, veteran operator. Truitt plans to reopen the Pantages for first-run pictures and vaudeville at 15c-25c, and the deal also includes the next door Twelfth St. Theatre, where burlesque will be discarded for subsequent runs at 10 cents. Truitt's negotiations for leases have been prolonged by complicated owner- ship and lease rights on the Pantages lobby and part of the 12th St. The ground recently was sold at a fore- closure to the Delaware Land Co., a new company formed for the purpose, which also acquired the Pantages building. How soon the theatres will be taken over depends on the speed with which the legal complications can be ironed out. The Pantages was built as part of his original circuit. Once one of the major houses downtown, it has been dark two years. Row Over MPTOA Feting Hollywood, March 27. — Unable to come to an agreement with the ar- rangements committee of the M. P. Producers' Ass'n on plans for enter- taininsr the M. P. T. O. A. convention- eers, Ben Berinstein has decided to deal direct with the studios. Weingarten Re-Signed Hollywood, March 27. — M-G-M has signed Larry Weingarten to a new long termer as associate producer. His first under the contract will be Booth Tarkington's "Presenting Lily Mars," with Jean Harlow. Flash Reviews Finishing School — Hollywood, March 27— . . . tender, touching film with an appeal primarily feminine. . . . City Limits — ... an entertaining film. Reviews of these Alms will appear in full in an early issue of Motion Picture Daily. "U" Changes a Title Hollywood, March 27. — "Embaras- sing Moments" will be the release title of "The Practical Joker," Uni- versal's latest with Chester Morris. Brake Succeeds Hazen Salt Lake City, March 27. — A. R Brake has succeeded O. J. Hazen as manager of the National Theatre Sup- ply Co. branch here. Dorothy Dell Signed Hollywood, March 27. — Dorothy Dell has been given a long-term Par- amount contract as a result of her work in "Wharf Angel." MPTOA Picks Seven Convention Groups (Continued from page 1) atre Owners from all parts of the country. The committees and their member- ship follow : • Grievances: Lewen Pizor, chair- man, Philadelphia; Nat M. Williams, Thomasville, Ga. ; J. H. Michael, Buf- falo, N. Y.; H. W. Harvey, San Francisco ; Sidney Lust, Washington. NRA Code-Trade Practices: Fred S. Meyer, chairman, Milwaukee ; R. M. Clark, Oklahoma City; R. B. Wilby, Atlanta ; Edwin Silverman, Chicago; George P. Aarons, Phila- delphia ; Morgan A. Walsh, San Fran- cisco. NRA Code-Labor Provisions : Jack Miller, chairman, Chicago ; George Fishfer, Milwaukee ; L. S. Hamm, San Francisco; Love B. Harrell, At- lanta ; Louis Ansell, St. Louis. Legislation and Taxes : M- A. Lightman, chairman, Memphis ; M. E. Comerford, Scranton, Pa. ; R. B. Wilby, W. H. Lollier, Los Angeles. Resolutions : Edward G. Levy, chairman, New Haven, Conn. ; Oscar C. Lam, Rome, Ga. ; Ed M. Fay, Providence, R. I. ; Harry Hicks, Los Angeles ; M. A. Lightman. Public Relations and Community Affairs: Fred Wehrenberg, chairman, St. Louis : Nat M. Williams, Thomas- ville, Ga. ; W. L. Ainsworth. Fond du Lac, Wis.; W. S. Butterfield, De- troit ; Sidney Lust. Credentials and Rules : M. E. Comer- ford, chairman, Jas J. McGuinness. Boston : Benjamin Pitts, Richmond. Va. : Charles E. Williams, Omaha : A. F. Baker, Kansas City, Kans. Officers Re-elected By Canadian Ass'n Toronto, March 27. — The complete slate, officers and directors, of the M. P. Distributors and Exhibitors of Canada, was re-elected at the associa- tion's annual meeting here today. Colonel John A. Cooper is again nresident and secretary and G. O. Burnett, treasurer. Directors are Harry L. Nathanson, M. A. Milligan. H. M. Masters, Leo Devaney, Clair Hasrue, James P. O'Loughlin, Harry Pavnter and A. W. Perrv. Censor Moves Worry Canada Distributors (Continued from page 1) soring is done at Winnipeg, Manitoba, in conjunction with the Manitoba re- viewing of films. The exchanges in Canada are much concerned because, if censorship is established at Charlottetown, P. E. I., and Regina, it will mean that dis- tributing companies will find it neces- sary to open two new branch offices. At nresent they get by with offices in six key centers. Delaware Censorship Opponents Lined U p (Continued from page 1) Loew's Parkway, will represent his company and A. Joseph DeFiore will lead the fight for the independents. Warners have not indicated what attitude they will take. The censor bill includes a provision prohibiting showing of films in which there are players who have been twice divorced. Three outstanding personalities of the screen in a' throbbing romance | of universal appeal! ELISSA g LAND I in "Sisters Under The » Skin," with Frank Morgan and J Joseph Schildkraut. Directed byjfj David Burton. J A ft Unstinted laughs and applause punctuate Oakland (Cal.) preview when surprise after spectacular surprise catches audience breath- less. Thundering ovation at conclusion begins tremendous reception that will be echoed in theatres the world over. Director: Hamilton MacFadden. Lyrics: Lew Brown. Music: Lew Brown and Jay Gorney. Dances staged by Sammy Lee. Dialogue: Ralph Spence. Story idea suggested by Will Rogers and Philip Klein. WARNER BAXTER MADGE EVANS • SHIRLEY TEMPLE JOHN BOLES • JAMES DUNN "AUNT JEMIMA • SYLVIA FROOS ARTHUR BYRON • RALPH MORGAN NICK FORAN • NIGEL BRUCE MITCHELL & DURANT "SKINS" MILLER and STEPIN FETCHIT Produced by WINFIELD SHEEHAN Associate Producer and Collaborator on Story and Dialogue. LEW BROWN "VARIETY DAILY'S" THRILL-BY-THRILL BROADCAST . . . "WINNIE SHEEHAN AND LEW BROWN HAVE clicked with a spectacular musical. Uncovers tiny Shirley Temple as the best child performer Hollywood has turned out in a long time . . . "SHOW PRETTY THOR- oughly copped by the Temple youngster, Stepin Fetchit and Nick Foran, whose song deliveries are punchy entertainment . . . "SYLVIA FROOS CLICKS IN 'Broadway's Gone Hill Billy' in which Skins Miller is also a big hit . . . "AUNT JEMIMA DOES THE opening number 'I'm Laughing' that is a socko and gets the film off to a fast pace . . . "MITCHELL AND DURANT have a howl sequence doing their stage routine as deadpan acrobatic ambassadors . . . "JAMES DUNN WORKS WITH Shirley Temple, John Boles does a sweet tune 'Our Last Night To- gether,' which looks like a real song hit "WARNER BAXTER AND Madge Evans split the two leading straight roles . . . both do justice to difficult parts . . . "STORY AND DIALOGUE are clean with not a blue line or situation present . . . "SHOW NUMBERS ARE ALL smash calibre, with dance routines by Sammy Lee extraordinarily good . . . "HAMILTON MacFADDEN'S direction is meritorious. Costumes, scenery and camera work are plenty smart." THERE'S GLORY ENOUGH FOR ALL!!! AS USUAL RIGHT SMACK IN THE CENTER OF THINGS-GETTING WHAT'S WHAT AND WHO'S WHO— WHEN IT IS NEWS MOTION PICTURE DAILY WILL PUBLISH THREE ISSUES IN LOS ANGELES APRIL 10-12, SUPPLE- MENTING ITS REGULAR APPEARANCE IN NEW YORK EACH MORNING WITH RED KANN LOOKING OVER THE SCENE VOL. 35. NO. 83 M.P.T.O.A. Convention Issue MOTION PICTURE DAILY LOS ANGELES. TUESDAY. APRIL !», 1934 Hays Asserts Films Helped ToEndSlump '.aughed Big Bad Wolf Of Depression Away" en credit (or an im- starttnE the country ( depression by Wdl H. Hays in innual report to the M. P. P yesterday. □ medium has contributed y than films to the maintt national morale during a period ■d byxevolutiorj, riot and politi- rmoil in other coi "It has been the Yen. without ignoring the s 'jal problem of the day. to ^i rati on, achievement, opti !, Goldsmith or Wage Board ■A and Dr Alfreu N understood to be un- Jeration for posts on i set op bv Division Adi M A. Rosenblatt Sasie operators* wage scale Vorlc. The I.T.O.A. and time have at- scale for local Seek Reopening of Code To Aid Minority Groups Indies Thought Slighted As Review Board Opens Capital Hearings Authority May Name Boards ' Secretaries Outside Lists Appointment of secretaries by Code Authority — Cam pi — will not be confined to recommendations sent in from the field, it la learned. Cam pi is anxious to have aa many suggestion* for these posta as possible and everyone listed will be given doe considera- tion before appointments are made. Secretaries are not obligated to sign the code, it U atated by Cam pi. inasmuch as they arc not entitled to vote. These men and women selected will be employes of Casnpi and paid according to the prevailing wage for similar work Is territories they serve. Report Nathanson And F. P. Deal Set TosoNTO. March 26— II is reported here that N. L. Nathanson, president of Famous Players Canadian Corp.. s closing negotiations for the return of direct control of the circuit to Canadian and British interests which stand ready to make a stock purchase. Nathanson had hardly reached this city on his return from a Florida va- cation when he left for New York -for the purpose, il is said, of discussing the deal. Ralph Kohn of Paramount Publix staled yesterday this was the first he had heard of any such move. Cummins Rushing Picture on Hitler "Hitter*i Reign of Terror," a fea- Worked on secretly for some time and using the film credited to Cor- nelius Vanderbilt. Samuel Cummins has been rushing work on assemblage of the negative and expect* to have the first print ready in about a week. Reluctantly, he admitted hb plan yesterday. He is understood to have obtained possession of footage recently shot in Germany on a narrow gauge camera, purporting to show Jewish doctors and lawyers waiting in long lines for registration in concentratior campaigns and other shots allegedly showing atrocities. Production Gains; 41 Features Going HOLLYWOOD. March 26 —Production ast week registered a decided increase over the preceding week Forty-one features and lt» Shorts were in work as against -10 and five for the previous week There was also a healthy sign of continued activity with 33 features and 15 shorts in final stages of prepar- continue to be congested with « fea- ation tentatively slated to start within the nest two weeks. Cutting rooms - SjVe Dar;lnt0n a/so in L ^ratanci chaiV Pd "f' and Fe,-w °r ""pres- "-naijc, Robert Kit- erd,nan4 2% 3Vs + Vs 1.100 18 17M 17% ' + $i 500 354 3 M + % 400 6% 654 6V» + H 6.000 Trans Lux Gains l/$ Point Technicolor Trans Lux . High . 8 . 25i Low 77/s 2 Close 8 2Ys Net Change Heavy Trading in Warner Bonds High Low Close General Theatre Equipment 6s '40 9V> 9 9 General Theatre Equipment 6s '40. ctf &% S% %% Loew's 6s '41, ww deb rights 98!^ 9854 9854 Paramount Broadway 554s '51 33 33 33 Paramount F. L. 6s '47 4954 4954 4954 Paramount Publix 554s '50 49 49 49 Pathe 7s '37, ww 91 9034 90?4 Warner Bros. 6s '39, wd 5654 54 5534 Net Change + M — V2 + Vs —1 - 54 +2 Sales 200 300 Sales 7 3 1 1 5 1 3 205 i Purely Personal ► Lee Ochs, Louis Nizer, Louis Phillips, David Palfrey man, David Loew, David Blum, Morton Spring, Ben Sherman, Robert Wolff, Harry Shiftman, Hal Hode, Joe Brandt, Walter Eberhardt, Hal Horne, William Ferguson, Herman Gluckman, Budd Rogers, Nathan Saland and Charles Goetz were among M. P. Club diners yesterday. Irving Berlin, Robert Ripley, Otis Skinner, Senator Robert F. Wagner, A. H. Woods, Rudy Val- lee and Admiral Yates Stirling will be at the speakers' table at the Cohan-Harris dinner Sunday night at the Astor. Ruth Chatterton leaves today on the Santa Paula for the Coast. Ham- ilton MacFadden, director, and Sol Wurtzel, Fox producer, are also passengers. Clayton Sheehan, Fox foreign manager, now en route to Europe on his annual business trip, will be away about six weeks. Ben Lyon and Mrs. Lyon (Bebe Daniels) are at the Lombardy. They start a series of personal appearances soon. Stanley Waite, New England and southern district manager for Para- mount, is vacationing for two weeks. Katharine Hepburn is cutting her European vacation short and is returning to this country. Halsey Raines and Joseph Hom- ler of the M-G-M publicity staff are down with colds. William Scully, M-G-M district manager, is in Washington on a short sales trip. Al Friedlander is expected back from a southern tour on Monday. George LaCava will be interviewed over WOR at 9 o'clock tonight. J. J. McCarthy observed a birth- day yesterday. Wampas Choices May Go to Chicago Fair Hollywood, March 29. — The Chi- cago fair may be the scene of a pres- entation frolic for the Wampas "Baby Stars." Offers have been received from midwestern and eastern cities, it is said. There may be a broadcast in advance. 'Riptide' Openings Today M-G-M's "Riptide" is opening today at the Capitol, with 29 simul- taneous openings in other cities. Philadelphia, March 29. — Open- ing day's receipts of "Riptide" at the Boyd Wednesday broke the record for the house with the M-G-M picture garnering $4,200 for the day. The film may be held indefinitely. Writers on "Lysistrata" Hollywood, March 29. — Hal Roach has instructed his writing staff to see if a suitable treatment can be made for a screen version of "Lysistrata." If the report is favorable, he may make it into a feature with an all-star cast. Story and screen play: B. G. De and Sid Silvers. Songs, by Ha Burton Lane, also Richard A.W Directed by Da PRODUCED BY SPENCER "PAT" PATER JOHN BOIES HERBERT MUNDIN • SlllLVERS HARRY GREEN * I HEM A TODD , David Butler amson and and Gus Kahn. utler DE SYLVA TOMS UP For Its Packing them in and keeping them happy at RADIO CITY MUSIC HALL — and the critics— "Much better entertainment than nine-tenths of the screen musicals in the past year." —Thornton Delehanty, N.Y. Post "Packed with laughs. Gay spirited comedy played by a great comedy cast." — Bland Johaneson, N* Y. Mirror "Decidely heart-warming to local audiences." —Richard Watts, Jr., N. Y. Herald-Tribune "Has its full share of honest humor, tuneful songs . . . thor- oughly entertaining." — Mordaunt Hall, N, Y. Times "One of the special cinema delights of recent weeks . . . thoroughly tuneful and amusing." — William Boehnel, N. Y. World-Telegram "Thoroughly entertaining . . . presented in a most amusing manner." —Kate Cameron, N. Y. Daily News OYI-WILL THIS CAMPAIGN {It's cheap and easy t\ 4 0 LOCAL MERCHANT TIE-UPS NEWSPAPER SERIES OF TAP-DANCING LESSONS NATURALLY, THE EXPLOITATION NATURAL OF THE SEASI CARL ED'S 3 5,0 0 0,0 0 0 -READER COMIC STRIP SET TO WORT Rochelle Hudson, Patricia Ellis, Guy Kibbee, Hugh Herbert, Hobart Cavanau,\ I RAG EM IN! andle too!)" MASKS OF THE COMIC STRIP CHARACTERS HAROLD TEEN TOYS & GAMES ABLOID COMIC SUPPLEMENT OMES FROM WARNER BROS! ND MUSIC-WITH HAL LEROY irected by Murray Roth, Need any nice fresh pro- motion ideas today ? Here are just a few samples from the scores in the "Harold Teen" press book! . . . Vilagraph, Inc., Distributors MOTION. PICTURE DAILY 6 Contend Code Fails to End Malpractices (.Continued from page 1) was broken but once, when Chairman Clarence Darrow clashed with Alida C. Bowler of the Children's Bureau of the Department of Labor, on the question of censorship, raised indirect- ly by her denunciation of block book- ing as making it impossible for exhibi- tors to show pictures suitable for children on those days when young- sters make up a large part of their audiences. As the hearing came to a close to- night, Mason announced the Code Authority members were expected to reach Washington about 2 o'clock Monday afternoon and that, after con- ferring with them, he would probably ask for an immediate hearing, at which they would be questioned regarding alleged producer domination of Campi. At the same time, a number of com- pany sales managers are expected to be grilled over interlocking contracts. Yamins Report as Testimony At the opening of the session this morning, Mason introduced in evi- dence the testimony submitted to the Senate Interstate Commerce Commit- tee in 1928 on the Brookhart Bill and the minority report of Nathan Yamins submitted some time ago on the ques- tion of membership on the local boards. The first witness to testify was Harry Brandt of New York, Presi- dent of the I.T.O.A., called for the purpose of showing that at one of the informal conferences on the code when Jacob Schechter, attorney for the Fed- eration of the M. P. Industry, began to take notes, Deputy Administrator Rosenblatt informed him that unless he quit the meeting would be ended. How he walked from floor to floor in the Film Center Building in New York in a fruitless attempt to buy pictures for his Leonia (N. J.) Thea- tre was related by Julius Charnow of New York. Charnow began on the 12th floor and walked down until he reached United Artists, every ex- change refusing to sell him, according to his testimony. 'And what did you do then?" Mason asked at the end of his recital. "I went home," the witness replied. "Have you noticed any improve- ment since you began to operate under the code?" he was asked. "None whatever." Reports Forcing of Shorts His difficulties began, Charnow said, when Fox turned back his house, which he had leased, and he attempted to get pictures in competition with other affiliated theatres. Forcing of shorts after the code be- came effective was reported by Irvin P. Gerber of New York, owner of three houses, who testified he now is tied up for 976 shorts, or two and one- half years' supply for his three changes a week programs at his Eagle Theatre. When he went to Paramount for fea- tures, he said, "Paramount did not want to sell me their features on ac- count of not buying their shorts and up to this day I have not got a play from Paramount." Only about six of the members of the T.O.C.C. of New York are inde- pendents, it was asserted by Leo Brecher of New Rochelle, formerly a member. The I.T.O.A., with which he is now associated, has about 200 members operating 350 houses, he said. Overbuying by the Baker Theatre made it impossible to secure product for the Dover (N. J.) Playhouse, it was testified by Edward Frieberger. "In the past two or three years," he declared, "Business has become almost unbearable because of the re- strictions imposed by the 'Big Eight'. Conditions are worse under the code because of the added burden of in- creased costs and the decrease in audi- ence. From the standpoint of the film situation it seems that the code has given a certain amount of credibility to the buying of pictures under block booking. "We have striven as independents to overcome the block booking plan. We did not succeed in overcoming it in the code. On the question of shorts the code has a definite provi- sion that I have to buy a certain per- centage of shorts, based on the num- ber of pictures I play during the year ; the code tells me that when I buy Metro pictures I must also buy a certain percentage of their shorts. In that way I am worse off than" I was prior to the code, when we bought shorts from any company we wanted." Percentages Discussed Bringing before the Board the sell- ing on percentage, Mason called Ber- nard S. Barr of Brooklyn, who intro- duced a chart analyzing operations with 38 percentage pictures shown over a period of a year. Selecting one, "No Man of Her Own," Barr stated this called for a 25 per cent guarantee, which, on an intake of $240.70, with a second feature for a double feature program, made his film cost $145. The average percentage for the programs carrying the 38 features was 50 per cent, he said. Barr told the Board that under the code the payroll in his three houses has increased 24, 19 and 18 per cent, respectively, while producer-owned competitors have had increases of six to nine per cent. A missent bill, intended for an affiliate competitor, showed Albert Cooper that he had paid $40 for the last run of "The Bowery" for his Long Island City Idle House, while his competitor got the same picture for first run for $25, he testified. This was one of several instances re- ported during the day where independ- ents said they found what the pro- ducer houses were paying through carelessness in mailing and affidavits were promised in support. Shut Out, He Says It cost Nicholas Palley something like $470,000 to put up and equip his Scarsdale theatre only to find he could not get product, according to his story. Why did you build a house when you knew this situation existed?" Board Member Sinclair asked. "I had so much money I didn't know what to do with it," Palley replied. The independent theatre in most cases is a better house and represents a greater investment than its "Big Eight" competitor, it was asserted by Brandt, recalled to the stand. Referring to a number of court suits, which, he said, the independents won, Brandt declared that the code threw all the decisions "out of the window." "The independent cannot live if he makes a deal with the 'Big Eight' and he cannot live under the condi- tions imposed by the 'Big Eight.' " he said. At the same time, he added, "the independent theatre owner can- not live on independent production." Production costs of some of the big producers are high, he explained, be- cause of their "high executive salary costs," while other companies which keep executive salaries down can pro- duce for less. "The independent theatre owners of the United States looked upon the code as a life saver," he said in dis- cussing present conditions. "We felt that with the promulgation of the NRA and the setting forth of the principles of the NRA by the Pres- ident, at least we were going to have a chance to do business on some sort of equal footing. Instead, we find ourselves so much further down in the rate of our business that there are hundreds of millions of dollars and thousands of employes in jeopardy and a monopoly set up that you will never break through." In no instance, he asserted, have the independents been permitted to participate in the selection of the local boards. Practically all of the trade publica- tions of the industry depend for their existence on the advertising they get from the Hays office, he charged. "I'm afraid that there will be whole- sale closings this summer, and there are considerable already," he con- cluded. Calls Code No Help Asked why, with the tremendous majority of theatres, the independents have not gotten together to produce their own pictures, Brandt pointed out the average exhibitor is not a financier or promoter. "The only thing the in- dependent exhibitor ever promotes is a mortgage for his theatre," he said. "The mortgage and title companies should be at this hearing protecting the independent because they do not know how near they are to owning a lot of theatres." Asked by Chairman Darrow what the effect of the code has been, the witness declared that, as written to- day, it "has made our condition very much worse. Things look so black for the independent exhibitor I am frank to admit I do not know what the outcome is going to be unless there is drastic revision of the code." "The code," he said, "was made by Mr. Sol Rosenblatt who, it ap- pears to us, was srettinp; all his ad- vice from Mr. Charles O'Reilly, pres- ident of Theatre Owners' Chamber of Commerce, who today is doing most of his business with the 'Big Eight' and gets most of the dues for his association from the 'Big Eight.' " Sees Child Needs Ignored Outlining the efforts of the various organizations with which she cooper- ates as director of the delinquency unit of the Children's Bureau to se- cure better pictures for children, Miss Bowler expressed great disappoint- ment with the code's failure to give the independent exhibitor a "fifty-fifty selection of pictures" so that he could buv pictures which were good for children. "Can vou state what is good for children and what is bad for them ?" Darrow asked. "How about leaving them alone? Don't you think you are speculating a good deal to sav what kind of shows they should see?" "Don't you think it is better for them to go to the wrong movie and even see block booked pictures in- stead of keeping them away?" he con- Friday, March 30, 1934 Things Worse Under Pact, Indies Hold tinued. "Do you think block booked pictures are any worse than the others ?" Dating is the most vicious of all the practices pursued by the distributors, is the view of Louis F. Blumenthal of Yonkers, chairman of the board of the New York I.T.O.A. "Under the code they semi-legalized the demand of distributors for the right to insist on preferred playing time," he de- clared. "Previous to the code we could say whether we wanted to or not." "I attempted to help draft the code but my help was discarded," Milton C. Weisman of New York, attorney for the I.T.O.A., told the Board. "I pointed out that the monopoly of the so-called 'Big Eight' was perpetuated and the importance of its being broken down." He pointed out that the fact that the Code Authority was consti- tuted eight to two against the inde- pendent exhibitor and asserted that "there was in this code something that was utterly reprehensible — it set up a dynasty" through the provisions for the appointment of alternates, so that "the 'Big Eight' could continue forever in control of the industry." Weisman Hits Rosenblatt "I also pointed out that, evidently not satisfied with the small representa- tion of the independent exhibitor, by another provision it went one step further and said that this code com- mittee can from itself appoint sub- committees which can do anything that the Code Authority can do," he asserted. "I received a direct promise from Mr. Rosenblatt, which has not been fulfilled, that in the event of a con- troversial issue between the various branches of the industry the commit- tee should be evenly balanced. "We independent exhibitors begged of Mr. Rosenblatt that in the so-called 'poor man's court,' the local boards, we should have some word in the designation of those people to whom we look to protect our interests. Up to the present time every recommenda- tion of ours has been wholly disre- garded." For the purpose of showing that the complaints are not confined to the New York territory. Mason called H. A. Cole of Dallas, president of Allied States of Texas ; R. C. Glass of Beaumont, Tex. ; H. M. Ritchey of Detroit, and Fred J. Herrington of Pittsburgh, to discuss protection and overbuying in those areas. Budget and Extras Up for Parley Today Two code committees will meet to- day. One is to work on the budget for maintaining the authority and the other is the one dealing with the Hollywood extra situation. S. R. Kent and J. Robert Rubin are working to- gether on the extra matter and today will pass on recommendations sent in by the Hollywood group. Fred Schussler, casting director of Radio, has replaced B. B. Kahane on the coast extra standing • committee. Kahane resigned because of business. S\H KEY SPOTS! u reports Motion Picture Daily 3 E 0 R G E WHITES SCANDALS „j GtORGt WHIU _____ «o« bythorn.cn fr..«-"-- W^we ROBERT T. KANt Yclten end Irving Ca«»«r • Here's the LATEST /rom */*e 6ox office front! Cincinnati—Transferred to the Lyric for continued first-run and running up sweet gross. Detroit— Putting the Fox out in front by a tremendous margin. Chicago —Windy City stand-out at McVickers with boom time business defying general slump. Baltimore— Now in second week at the New... with grosses maintaining first-week pace. DCS Moines — FOX picture of the season for the Des Moines... topping "David Harum'Y'Carolina'V'Paddy". Miami— Leading the Florida upswing to give the Mayfair its biggest 1933-34 business. Atlantic City— First four days defi- nitely greatest of season at the Apollo. Cleveland — Over with a smash. More than doubling the Hippo- drome's normal business. New Haven— Hold-out crowds top Poli Palace tremendous figures for "Carolina" and "Mr. Skitch". Oklahoma City— Top for town by a mile. Beats Midwest Theatre's par by thousands and thousands. MOTION PICTURE DAILY Friday, March 30, 1934 Otto H. Kahn Dead; Factor In Para. Plan (.Continued from page 1) not the banker's death would have any effect on reorganization plans in which Kahn was a factor of impor tance. At the same time, it was ad mitted freely his counsel will be missed sorely. Through the instigation of Kahn, Paramount's first "public" financing which was a $2,000,000 stock issue, was handled by Kuhn, Loeb & Co. in 1919 and served to finance the com- pany's first entry into the exhibition field. Kahn's firm continued as Para- mount's principal bankers from that time until 1932. Prior to the first stock issue Paramount had never required "public" financing. How Film Tie Started The banking association between Kuhn, Loeb and Paramount originated with an acquaintanceship between Kahn and Adolph Zukor, Paramount presi- dent. Kuhn, Loeb had become inter- ested in motion picture financing about 1915, and in that year backed John R. Freuler for president of the old Mutual Film Co., in which Felix Kahn, a brother of the deceased, was interested. With Kuhn, Loeb financ- ing, Mutual interests built the Rialto, and installed S. L. (Roxy) Rothafel, who had previously been major domo of the Strand, as its director. Sub- sequently, Paramount acquired the Rialto, and in that transaction Zukor first came to know both Otto and Fe- lix Kahn. Zukor, at a recent Paramount bank- ruptcy hearing, when questioned as to the reason for the orginal selection of Kuhn, Loeb & Co. as Paramount's bankers, declared that Kahn " was the only banker I knew." Since the Paramount bankruptcy Kahn has been actively interested in plans for the rehabilitation of the company, although Paramount was not indebted to Kuhn, Loeb at the time of the bankruptcy. It is understood, how- ever, the Kuhn, Loeb partners, in ad- dition to Kahn, had invested heavily in Paramount bonds and, as such, fig- ure among the important creditors' groups in the reorganization of the company. Kahn's aid in the Para- mount reorganization plans now under way was being given up to the time of his death to the protective committee with which Sir William Wiseman, also a Kuhn, Loeb partner, and Dr. Julius Klein, former assistant secre- tary of commerce in the Hoover ad- ministration, are identified. This group is regarded as the principal factor in the reorganization of Para- mount. Held Help lo Para. Sir William, Kahn's banking part- ner, was the Kuhn, Loeb representa- tive on the Paramount directorate for many years, and gave particular atten- tion to the company's finances. Dr. Klein, advisor to the reorgani- zation committee, said yesterday : "Otto Kahn's Ion? familiarity with the Paramount situation made him espe- cially valuable to those who are fur- thering the rehabilitation of the com- pany. His counsel, had it remained available to us, would have speeded British Films Stimulus To Hollywood — Giannini (Continued ability to appeal to world markets, Dr. Giannini says: "I believe that after nearly a quarter of a century of prac- tically absolute domination of the world motion picture industry it will be a good thing for Hollywood to look to its laurels. "I believe the discovery that new artistic interpretations and improve- ments are possible in film making, and that new types of dramatic appeal will register with the public, may stim- ulate in Hollywood a new and well considered flow of creative spirit. from page 1) Such discoveries seem to me to be in the nature of a liberal education. Such education, I feel certain, can be made use of not only in Hollywood but by a great many other typically high- speed and self-concentrated American institutions." Dr. Giannini predicted that if a proposed circuit of theatres in Canada for exclusive showings of British product materializes it will fail. He also says the threat of English actors and authors to work only in England will be futile. much that remains to be done before the reorganization of Paramount can be accomplished. His whole experience in the amusement field, together with his long acquaintance with talent, will make him missed throughout the en- tire industry." Zukor said : "I am shocked and very deeply grieved at Mr. Kahn's pass- ing. The world has lost a great per- sonality. His most constructive in- fluence has been reflected in industry, art and philanthropy." Ralph Kohn, head of the Paramount theatre department, said : "All of us at Paramount have lost a great friend and advisor in the passing of Mr. Kahn. During all of the trying times that we have had over the course of the last 15 years, his help has been of tremendous value to us. Among his other qualities he had the uncanny way of being able in exciting times to study and with great calmness analyze a proposition. In addition to this he was a man in whom all who came in contact with him had great confidence and who was able to have men fol low him as very few of us can. We are certain to miss his advice in the reorganization of Paramount." Secretary Posts to Unanimous Choices Secretaries unanimously recom- mended by local boards will be ap- proved by Campi, it was stated yes- terday. Several cities already have notified Code Authority of their sug- gestions and they will be appointed officially within the next few days. Joint meetings have been held in Buffalo, New Orleans, Chicago, Cin- cinnati, Los Angeles, Milwaukee, San Francisco, New Haven and Washing- ton, but all have not as yet filed sec- retarial nominations. Other boards are slated to meet this week and next. "Race Nights" Out "Race" nights and "bank" nights are prohibited under the code, it was decided yesterday by Campi, which by unanimous vote interpreted Article 5, Part 3, Section 1 — the reduced ad- mission price clause — to mean that these nights are similar in form to lotteries and guessing contests and come within the prohibited provision. Several exhibitors had asked for a ruling on the nights in question. Predict Code Will Be Handled Easily (Continued from page 1) shipment of films. Members of the grievance and clearance and zoning boards of the Omaha district have be gun active duty. Delay "Villa" Opening Opening of "Viva Villa" at the Cri- terion, originally scheduled for April 6, has been changed to April 10 by M-G-M. Atlanta, March 29. — Organization meetings of the clearance and zoning and grievance boards have been held here. Oscar C. Lam presided at the former and E. L. Cole at the latter. Love B. Harrell, secretary of the Film Board of Trade and also secretary of the Southeastern Theatre Owners Ass'n, was nominated for secretary of the boards. It is understood that he will have to quit both his present jobs if he is named. Des Moines, March 29.— E. L. Ellsworth of Iowa Falls presided at a joint meeting of the clearance and zoning and grievance boards yester- day. The next meeting will be held April 17. A. H. Blank will act as clearance and zoning chairman at that meeting and E. J. Tilton will preside for grievance. Cleveland, March 29.— The first meeting of the local grievance and clearance and zoning boards will be held here Monday. Portland, Ore., March 29. — First joint meeting of the local code boards was called here today by Andrew Sasp, chairman of the clearance and zoning, and Charles Powers, chairman of_ the grievance, at which Ashby Dickson and Bert Haney, impartial appointees, were introduced to the membership. Ruth Doyle, secretary of the Film Board, was recommended for permanent secretary. Questions of salary and incidental expenses were discussed. _ Zoning schedules and maps will be discussed further at a meet- ing of the clearance and zoning board April 2, with Lou Amacher of M-G-M chairman. Guv Matthews will pre- side at a meeting of the grievance board on April 9. Cancellation Rule of NRA Will Prevail Labor Signs on Way Code Authority is mailing 18,000 applications for NRA labor wage posters shortly to all interests in the business. The signs must be displayed in all places of employment. (Continued from page 1 J terday and, although practically all companies earlier had gone on record not to grant the 10 per cent privilege only two Campi members voted against it this time. They were Harold S. Bareford of Warners and George J. Schaefer of Paramount. Voting for the cancellation right were S. R. Kent, Charles L. O'Reilly, R. H. Cochrane, W. Ray Johnston, Nathan Yamins, Leslie E. Thompson, J. Robert Rubin and Walter Vincent. Max L. Levenson was a guest of the authority yesterday and did not have a vote. Boards Back Again; More Shifts Made (Continued from page 1) for an enlarged board of 12 has been discarded. Because of a disagreement of a dis- tributor member and an independent exhibitor of the Philadelphia clear- ance and zoning board, the personnel was referred back to the committee, which will meet again next Wednes- day to work out changes in the two territories. The Boston board is set with the exception of an impartial member on the clearance and zoning. R. B. Wilby yesterday was ap- pointed to replace Arthur Lucas as affiliated exhibitor on the Atlanta grievance board. Frank Miller of Augusta takes Wilby's former place on clearance and zoning. Phillip Blumauer is now subsequent run exhibitor on the Portland zoning board, replacing George Jackson, who was removed because he was identified with the same companv as William Cutts. Everett Dilley has been named to replace Eddie Ruben on the Minne- apolis grievance board as affiliated exhibitor. Emmons L. Abeles is the impartial member for this board. Ed- ward S. Tunstall is now listed in place of Fred Holzapfel as subsequent run exhibitor on clearance and zoning. Andrew Ruhm is the impartial man. Judge Harry H. Porter replaces Lowell Mason as impartial member of the Chicago grievance setup. The session was adjourned until next Friday, when Harold S. Bareford will continue as chairman. Report Loew Labor Case in Washington The NRA Regional Labor Board here is reported to have forwarded a report on activities of Loew's in con- nection with employes who were mem- bers of Local 118. Theatre and Amuse- ment Employes Union, to the NRA Compliance Board at Washington with a request for further action against the circuit. The board's action followed a Labor Board hearing early this week at- tended by representatives of Loew's and a number of ushers who allege they were induced to resign from the union. Hearings on similar com- plaints involving RKO, the Tivoli. Brooklyn, and Madison Square Gar- den have been set for next Tuesdav at the Regional Labor Board here. 11 A. m— RADIO CITY EVERYBODY LOVES A CIRCUS AND FRANK BUCK GIVES 'EM HIPPODROME, MENAGERIE AND SIDE SHOW IN "WILD CARGO". And at the Golden Gate in San Francisco, "Wild Cargo" topped the "Little Women" record, previous all time high, by 207 admissions. VAN BEUREN PRODUCTION DIRECTED BY ARMAND DENIS RKO RADIO PICTURE 10 MOTION PICTURE DAILY Friday, March 30, 1934 7 JpofTteukL ! i UDU4AMV14M Affirm Chase Claim For Para, Interest A ruling by Referee Henry K. Davis that Chase National Bank, as trustee under a $20,000,000 Paramount Publix indenture issue, has a valid claim against the bankrupt was af- firmed yesterday by Judge John M. Woolsey in U. S. District Court here. Paramount trustees had asked for a review of the referee's ruling denying a motion to expunge the claim. The court also affirmed Davis's rul- ing that payments of dividends should be made to the Chase Bank only on those bonds which had been filed with the referee by Chase. The bank peti- tioned the Federal court for a review of this part of the referee's ruling, contending that it was entitled to the dividend on the entire issue for which it is trustee. Approximately $1,900,- 000 of the $20,000,000 indenture issue has not been filed with the referee. Cummings Is Named To Tri-States Post Omaha, March 29. — Simultaneously with the appointment of Evert R. Cummings, former Publix executive, as Nebraska and western Iowa di- visional manager for Tri-State The- atres Corp., Joe Rosenfield, manager of the Orpheum, has been promoted to the post of Omaha city manager for the circuit. Rosenfield succeeds Ralph Goldberg, who has resigned to devote his time to his three independent theatres. Cummings, who recently returned from the Coast, will have offices in the Orpheum. Rosenfield will make his headquarters at the Paramount. Mayor to Speak at Gulf States* Meet New Orleans, March 29. — A. Miles Pratt, acting mayor of New Orleans, will welcome delegates to the Gulf States Theatre Owners Ass'n convention and fair, which gets under way here April 3 and continues through the next day. Among the speakers will be Ed Kuykendall, who will talk on "The Exhibitor and His Problems Today" ; D. C. Hickson, division operating manager of Erpi ; David Palfreyman of the Hays office, and H. S. McLeod, acting president of the association. A banquet will wind up the ses- sions. Three from Washington Washington, March 29. — Sidney B. Lust, Nathan Steifel and C. H. Olive, all members of the M.P.T.O. of the District of Columbia, have been designated to represent the or- ganization at the national M.P.T.O. A. convention in Los Angeles next month. Miller to Entertain Chicago, March 29. — Jack Miller, president of the Exhibitors' Ass'n of Chicago, will hold open house at as- sociation headquarters on April 6 for all M.P.T.O. A. delegates heading west. Change Fields' Title Hollywood, March 29. — W. C. Fields' next for Paramount has been changed from "Grease Paint" to "The Old Fashioned Way." Suit Against Chase Goes to Second Day Trial of a suit brought by Mary M. Kaplan and other holders of General Theatres Equipment debentures for an accounting by Chase National Bank of its trusteeship of a $30,000,000 G. T. E. issue went into its second day before Supreme Court Justice Ed- gar A. Lauer yesterday. The suit also asks for an accounting by Chase of the proceeds of transac- tions in Fox Film stock and asks that a note for $5,000,000, given to the bank by G T. E., be cancelled. Albert H. Wiggin, former chairman of the board of Chase, was one of the wit- nesses called in the trial. New Footage Tax Up In Delaware House Wilmington, March 29. — A tax of 10 cents per 100 feet of film or fraction thereof is provided for in a bill introduced by Representative George P. Elliott. Monthly reports to the state treasurer from theatres would be required, with fines up to $1,000 for failure to report. It is possible that this bill may be substituted for the censorship measure now under general attack. Pick Variety Committees Buffalo, March 29. — Standing committees of the Buffalo tent, Na- tional Variety Club, have been named by President Dave Miller. Chairmen are: Ways and means, Ted O'Shea; house, Murray Whiteman ; entertain- ment, Harry A. Seed; welfare, Jack L. Berkowitz ; publicity, Charles B. Taylor ; finance, George Hanny ; re- ception, Ephraim G. Bettigole ; trans- portation, Harold Howell ; member- ship, Dave Miller; telephone, Joe Mil- ler ; barker correspondents, Bennie Darrow and W. E. J. Martin ; athletic, Hercules N. Webster. Flash Review All Men Are Enemies — . . . lacka- daisical unfolding of the plot holds this to the program category. . . . This film mill be reviewed in full in an early issue of Motion Picture Daily. Buck Jones Deal Set Hollywood, March 29. — A deal with Universal for six adventure films and one serial is expected to be closed tomorrow by Buck Jones. Push "Nana" Fight Spokane, March 29. — Representa- tives of United Artists are bending every effort to overcome the censor board's objection to "Nana." Officials remain adamant in their stand. Kellys Off Wednesday Hollywood, March 29. — Arthur Kelly and his wife leave here Wednes- day on their seven-month trip abroad. Shuts for Convention Hollywood, March 29. — Monogram shuts down Monday for the duration of its sales convention. Dickering with Korda Hollywood, March 29. — Samuel Goldwyn is negotiating with Alexan- der Korda and Elizabeth Bergner for three pictures, one each year. Price-Fixing Held Allowed In Kansas Law (Continued from page 1) trust laws to permit industries to op- erate under NRA codes legalizes the minimum admission clause in con- tracts, by virtue of the fact that the film code does not forbid such stipu- lation. The clause was held by the Kansas Supreme Court to be in direct violation of the statutes which ban price-fixing by contract as a combina- tion in restraint of trade. Certain defenses for violation of the Kansas anti-trust law are provided in the act, which states : "In any civil or criminal action or proceeding for violation of the anti-trust, discrimina- tion in restraint of trade or unfair competition laws of this state, proof that the act complained of was done in compliance with the provisions of any code, agreement, license, rule or regulation in effect under the terms of the National Industrial Recovery Act or the Federal Agricultural Ad- justment Act, to which the defendant was a party at the time of such act, shall be a complete defense to such action or proceeding." It is held that since the film code provides for use of the so-called op- tional standard license agreement and since the agreement contains a mini- mum admission price clause, it is again legal to stipulate admission prices in Kansas because, under the new act, the fact that it is in compliance with the code is a defense. The Supreme Court raised the issue of illegal price fixing about two years ago in a case decided against United Artists in favor of a Kansas exhibitor. In denying a rehearing, the court, in the belief of distributors' counsel, failed to make a clear-cut ruling on the contention that copyright pro- visions nullified price-fixing laws. Be- cause the opinion was held to be in- definite, the companies decided to con- tinue with existing contract forms rather than appeal to the U. S. Su- preme Court, as had been planned. Thus, the matter was left in status quo until the NRA came along. KMT A May Resume MPTOA Affiliation (.Continued from page 1) from the national organization, since benefits are derived from national membership that are impossible inde- pendently. The split occurred last summer, when the name of the unit was changed and a new slate of of- ficers was elected. As far as is known, the Kansas- western Missouri territory will have no representation at the M. P. T. O. A. convention in Los Angeles. NazUDollfuss Deal Bans Jewish Actors (Continued from page 1) tures designed for release in the Reich. "The Prizefighter and the Lady" has been banned here after running two weeks at the Capitol, the same theatre which housed the now banned "Catherine the Great." It is admitted the M-G-M film was ruled off because Max Baer is Jewish. HELD FOR FIFTH » WEEK, IT BREAKS I ALL TIME RECORD 1 FOR HOLDOVER IN WASHINGTON, D. C, * AT KEITH'S THEATRE! I j Held for 5th week at Bijou, Springfield, Mass. j Loew's, Hartford, Conn. * Plaza,. San Diego, Cal. 1 I CLARK GABLE and ] CLAUDETTE COLBERT i 1 FRANK CAPRA'S I "M Happened One Night" I AS PREDICTED // RIPTIDE BIGGEST MID-WEEK OPENING IN 3 YEARS! The first engagement of M-G-M's history - making hit began Wednesday at the Boyd Theatre, Philadelphia. Watch the happy headlines in the trade press as "Riptide" crashes across the nation! 40RMA SHEARER tOBERT MONTGOMERY n "RIPTIDE" vith Herbert Marshall Ars. Patrick Campbell Written and Directed by DMUND GOULDING Congratulations RVING G. THALBERG ! ou've delivered the Jig Picture of the Year! 9&L LEO MARCHES ON! The Leading DaJV ^ Newspaper Motion^ Picture Industry MOTION PICTURE DAILY Alert, Intelligent faith fut?; Service to the Industry in All Branches VOL. 35. NO. 75 NEW YORK, SATURDAY, MARCH 31, 1934 TEN CENTS Non-Assentors to Get 10% Cancellation Right Chicago Fair Awaited with Varied Hopes Many Predict Return of Big Theatre Business Chicago, March 30. — The first har- binger of spring having been duly re- ported in sections of the city and the World's Fair committee having just announced that the advance sale of tickets has hit the 1,000,000 mark, Chicago is coming out of its hibernat- ing spell to the realization that the second run of the World's Fair con- fronts it within a few months. So far the realization is just at the penetrat- (Continued on page 4) Iowa Sale Tax Goes On Ticket Charges Des Moines, March 30. — Theatres after April 1 will start including the state sales tax of two per cent in ad- missions. The schedule recommended by Allied Theatre Owners and the M.P.T.O. has been adopted and will be enforced by the state board of assessment and review. It follows : One cent on tickets from 10c. to 50c. and a two cent tax on 55c. to 80c. The sales tax will remain in effect until April 1, 1937. Mort Singer Story Starts Omaha Raids Omaha, March 30. — Here for a day en route to the coast, Mort Singer "took in the sights" and reported a total of 70 speakeasies running wide open. The local dailies printed a swell story about his excursion. Next night the town raiders swooped down on four of the deluxe spots, all located in leading hotels, and confiscated $10,000 worth of choice liquors. Singer, who operates the Brandeis here, also said he planned to extend his circuit westward. Seattle Spots Face License Suspension Seattle, March 30— Operators of the State, Rialto and Palm theatres here will appear before the City Coun- cil next week to show cause why their licenses should not be revoked as a result of their production of alleged immoral and obscene shows. The Public Safety Committee of the council has recommended revocation of the licenses. All three houses operate on a combined third run film and stage burlesque policy. More Boards Getting Set For Action More boards are rapidly netting un- der way, with joint meetings preceding the first regular business sessions and recommendations for secretaries be- ing sent in to Code Authority. Omaha and Atlanta are the latest. Omaha, March 30. — A preliminary joint meeting of the clearance and zoning and grievance boards was held today at the Loyal Hotel. All mem- bers were present. Regina Molseed, secretary of the Film Board of Trade, was recom- mended for joint secretary of both boards, and "because of her extreme fitness for the position no other rec- ommendations were made," according to an announcement. H. F. Kennedy of Broken Bow, (Continued on page 4) Outdoor Advertising Back in Kansas City Kansas City, March 30. — There is evidence that old-time showmanship is returning to Kansas City. Out- door billing, which has been used sparingly, has increased, three of the five first-runs reverting to this medi- um. Loew's Midland has posted 50 24's a week in advance of "Riptide," in addition to extra newspaper space on Norma Shearer. This was the first outdoor advertising in two years by the Midland, which will continue the use of 24's on future attractions, according to John McManus, man- ager. Randforce Takes On 4 Brooklyn Bookings Randforce has closed a deal with four Brooklyn theatres to book for them in addition to its own houses. The houses are the Windsor, Still- well, Elton and New United. The quartet are operated by Rachmil and Katz, who have just completed the booking arrangement with Louis Frisch and Sam Rinzler. Recently Springer and Cocalis took over the Garden, Brooklyn, which forced the R. & K. move. Seen Complying Although Harold S. Bare- ford for Warners and George J. Schaefer for Paramount voted against acceptance of the NRA ruling on 10 per cent cancellations retroactive to Dec. 7, the understanding prevailed last night that these two companies will bow to the majority vote of Code Authority, accepting the ruling. Formal announce- ment of their stand may be made shortly. Review Board, Campi Viewed Still at Odds Washington, March 30. — Despite the announcement of Lowell Mason, counsel for the National Recovery Review Board, that members of the Code Authority and sales managers of the "Big Eight" coming to Wash- ington on Monday will be put on the witness stand without further delay, the impression prevails that the breach between the Board and Campi has by no means been healed. Mason today professed inability to (Continued on page 4) Para, to Take 14 British Features Paramount will take 14 features for British release this year from British producers, John W. Hicks, president of Paramount International, said yes- terday. Arrangements for their pro- duction were made during Hicks' re- cent European visit, with the quota being divided among several studios (Continued on page 2) Ohioans Advised to Delay on Percentage Columbus, March 30. — Members of the Independent Theatre Owners of Ohio are being urged not to sign per- centage contracts for new season prod- uct until they receive word from the (Continued on page 4) NRA Rules Privileges Apply to All Who Want Them Washington, March 30. — Cancel- lation privileges of exhibitors under the code will be obtainable by non- assentors as well as assentors, it was said today at the National Recovery Administration. Under an opinion rendered last month by Donald R. Richberg, gener- al counsel of the administration, to clarify one of the issues in the Con- gress Theatre suit failure to assent to the code does not deprive anyone of any of the rights and remedies of the agreement except the privilege of fil- ing complaints with administrative agencies. "Members of the industry not as- (Continucd on page 4) Tri-Ergon to File Para. Claim Appeal Claims against Paramount Publix filed by DeForest Phonofilm and Gen- eral Talking Pictures for $2,000,000 and by American Tri-Ergon for an undetermined amount, which were denied yesterday by Referee Henry K. Davis, will be appealed to the U. S. District Court here on April 4, the (Continued on page 2) Ohio, Pennsylvania Theatres Reopening Canton, March 30. — More houses are reopening in this territory. The old Lyceum, reconditioned at a cost of $20,000, will open Saturday, with Young & Rinehart in control. J. A. Gribble and N. A. Notopoulos, operators of a number of spots in western Pennsylvania, have taken the State at Bellwood, Pa. T. R. Shanahan has opened the New Princess at Donora, Pa., after install- ing new sound and redecorating the house. W. J. Cuthbert has reconditioned the Rex at Alliance and has reopened. Shelby, O., House To Classify Films Shelby, O., March 30. — A price dif- ferential has been established at the Castamba for what the management hereafter will advertise as Class A and (Continued on page 4) MOTION- PICTURE DAILY Saturday, March 31, 1934 MOTION PICTURE DAILY (Registered U. S. Patent Office) Vol. 35 March 31, 1934 No. 75 Martin Quigley htiitor-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 CIcle 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. Clifford. manager; London Bureau: 6 Brookland Close, Hampstead Garden Suburb, Bernard Charman, Representative; 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: 11 Olaaz Fasor 17, Endre Hevesi, Representative. 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. Flash Reviews Upper World — . . . entertainment with plenty of appeal. . . . When Strangers Meet — All this picture can boast is a big name cast. . . . Orders Is Orders — . . . should be all right in neighborhoods. Broken Shoes — . . . Popular enter- tainment it hardly can be consid- ered. Countess of Monte Cristo — ■ . . . good enough to be entertaining. Reviews of these films will appear in full in an early issue of Motion Picture Daily. Charles N. Koch Dead Louisville, March 30. — Charles Nicholas Koch, president of C. N. Koch & Co., a theatre supply firm, died at the City Hospital. He was 53 years old. Koch was stricken in his office the night of March 11, and lay there un- til morning, unable to telephone for help. Koch came to Louisville 20 years ago to become manager of the Rex. He established the supply firm eight years ago. He is survived by his wife, a brother, and a sister. Burial was at Cincinnati. Markets Closed New York financial markets were closed yesterday in observance of Good Friday. Jewish members of the industry be- gan celebration of Passover at sun- down last night. The observance runs for the next eight days and this year parallels Holy Week. Tri-Ergon to File Para. Claim Appeal (Continued from page 1 ) claimants have notified attorneys for the Paramount Publix trustees. The claims are based on alleged infringements of sound patents held by the claimants. Referee Davis ruled that the claims did not represent dam- ages resulting from the Paramount Publix bankruptcy and disallowed them. A petition for a review of the referee's ruling by the district court was filed immediately. A Federal court action for an ac- counting by Paramount to determine the extent of damages resulting from the alleged infringement of sound re- cording and reproducing equipment was filed by American Tri-Frgon more than a year ago. Pending its determination, the amount of the Tri- Ergon claim against Paramount Pub- lix in the bankruptcy action cannot be stated. Kansas City Variety Opening Set Monday Kansas City, March 30. — Perma- nent quarters of the Kansas City Va- riety Club will be opened Monday night at the Muehlebach Hotel with a housewarming program and banquet starting at 6 o'clock. Fox Midwest Theatres personnel, with L. J. Mc- Carthy as chairman, will be "kings for the night." The accommodations, on the hotel's fourth floor, comprise a bar and card room equipped with ping pong tables, a reception room and a lounge and library. Kalmine at Work on Pittsburgh Benefit Pittsburgh, March 30. — Harry Kal- mine is chairman of the Variety Club committee arranging the annual bene- fit which is to be held next month. The exact date is to be set within a few days. Tentative plans call for the recruiting of stage and screen talent from a number of spots. Barthelmess Has Bad Ear Hollywood, March 30. — Suffering from an abscessed ear, Richard Bar- thelmess has been ordered home for a week. This holds up work on his last Warner picture, "Old Doll's House." Following completion of the picture, he will retire for three months and will go to Europe before deciding on future deals. Warners will await the reactions to his last two pictures before making a new offer. Para. Picks Tracy Films Hollywood, March 30. — Paramount has announced that its first two with Lee Tracy will be "A Son Comes Home," an original by Julian Joseph- son, with Charles Vidor directing, and "One Woman," an original by Tif- fany Thayer, with Miriam Hopkins opposite. Goodman Joins Castle Murray Goodman, for the past 10 years a director and secretary of Bray Pictures Corp., has joined Castle Films in charge of eastern non-theat- rical distribution, replacing Edward Mayer. Mayer has gone to Chicago as general distribution manager. Para, to Take 14 British Features (Continued from page 1) which have produced for Paramount in Britain in other years. The sched- ule represents an increase of two fea- tures over Paramount's British quota of last year. About 35 dubbed French versions in addition to a small number of fea- tures to be made by outside French producers at Paramount's Joinville studio are on the company's schedule for France this year, Hicks said. Paramount's future plans for operat- ing in Germany remain undecided, it was said, but the situation is being considered in the light of current de- velopments in that country. A deci- sion on withdrawing from Germany may be reached within the next few days as a result of reports presented to Adolph Zukor, Paramount presi- dent, by Hicks since his return. Reorganization Plans In St. Louis Up Soon St. Louis, March 30. — Federal Judge Davis today set for hearing on April 6 plans for reorganization of the St. Louis Properties Corp., owner of the Ambassador, Grand Central and Missouri theatres, suggesting that in the meantime the parties concerned endeavor to agree on some plan that will be mutually satisfactory. He in- timated that he had grave doubts they would be successful. He added that perhaps the best step would be to let the holders of the first mortgages fore- close. There are outstanding $4,050,- 000 of first mortgage bonds on the Ambassador building and the Grand Central leasehold and $1,917,500 on the Missouri, while second mortgage bonds total $848,000 on all three. Warners holds indirectly a $1,000,000 third mortgage on the theatres. The matter before the court today was a petition to intervene in the receiver- ship case. Zanuck Going Abroad Hollywood, March 30. — Anticipat- ing an absence in Europe, Darryl Za- nuck has asked the Academy to re- lieve him temporarily from his duties on the board of governors and on the executive committee of the producers' branch of the Academy. The two jobs will be filled by Jack L. Warner and William Koenig in the order named. Sets Spanish Series Arthur Sanchez of Trans-Oceanic Film Export has closed a deal with Frank Z. Clemente of Latin American Pictures Corp. for distribution of a series of Spanish dialogue pictures to b° produced in Hollywood. The first is "Amor que Vuelve," featuring Don Alvarado and Renee Torres. May Postpone Suit Wilmington, March 30. — Trial of the Stanley Co.'s anti-trust suit against A. T. & T., Erpi and West- inghouse Electric, scheduled in the U. S. District Court for Monday, may be postponed. First "Baby Star" Signed Hollywood, March 30. — Monogram is the first company to sign one of the Wampas "Baby Stars." She is Gigi Parrish, and she will get a role in "Tane Evre." i Purely Personal ► EDWARD FINNEY, advertising and publicity director for Mono- gram, and John Harrington, head of the maintenance department, leave for Atlantic City today to get things set for the sales convention, which starts Wednesday. George Arliss will make his first radio broadcast April 14 over a na- tional NBC hookup in celebration of 20th Century's first anniversary. Carl E. Milliken sails for Rome today as one of the American dele- gates to the International Film Con- gress. Lew Brice got into town yester- day from the coast and is at the War- wick. C. C. Pettijohn begins a week's hospital stay for observation today. Showcraft to Move Showcraft Pictures will move from 630 Ninth Ave. to the RKO building around June 1. The company plans to make 18 features the first year and 24 each year thereafter. Louis J. Baum is president; Emil K. Ellis, secretary and treasurer, and Adolph Pollak, general sales manager. Distribution will be through fran- chise holders. More Shifts by Amity In his expansion program John M. Crinnion, head of Amity, has put James Murtagh in charge of the Chi- cago office. He will operate under the name of Superior Pictures. J. E. O'Toole, former Chicago manager, is now in charge of the Milwaukee and Minneapolis exchanges. In New British Deal Hollywood, March 30. — Clarence E. Ericksen, Douglas Fairbanks' business manager, returning here today, an- nounced the star had entered into a new deal with London Films for a series of productions to be made in Europe. Michael Going to Coast Buffalo, March 30. — Jules H. Mi- chael, chairman of the Western New York zone, M. P. T. O. A. of New York State, is the only person from the Buffalo area to signify his inten- tion of attending the national conven- tion in Los Angeles. Morris Coming East Hollywood, March 30. — Chester Morris will leave for New York next Monday after completing "Embarrass- ing Moments" for Universal. He will be away about six weeks and will make a series of personal appearances. Gaumont Adds to Staff Following appointment of Sam Rosen as representative for the com- pany in Philadelphia, Gaumont Brit- ish within the next week or 10 days will name a representative for Chi- cago. Mrs. Wallace Beery III Hollywood, March 30. — Mrs. Rita Beery, wife of Wallace, 's seriously ill at the Cedars of Lebanon Hospital and is under observation. Used in 1 out of 8 American Pictures in 1933'sTEN BEST" OF THE Ten Best Pictures of 1933 chosen in the Film Daily s poll, eight were American productions. Of those eight, seven were photographed on Eastman "Gray- Back." This is outstanding evidence of the acceptance enjoyed by Eastman Super-Sen- sitive Panchromatic Negative among camera- men and producers . . . and a signal tribute to the versatility and unfailingly high quality of the film itself. Eastman Kodak Company, Rochester, N. Y. (J. E. Brulatour, Inc., Dis- tributors, New York, Chicago, Hollywood.) EASTMAN Super-Sensitive Panchromatic Negative (Gray-Backed) 4 MOTION PICTURE DAILY Saturday, March 31, 1934 Non-Assentor To Enjoy 10% Cancellation (Continued from page 1) senting to the code," it was held, "can- not be denied any of the rights and remedies afforded by the code save only that they will not enjoy the right to file complaints before the adminis- trative agencies provided for in the code." However, it was added, "upon acceptance of any of the benefits and advantages of the code, such members of the industry may be assessed a reasonable amount, subject to the ap- proval of the administrator, to help defray the expenses of administrating the code." More Boards Getting Prepared for Action (Continued from page 1) temporarv chairman of the clearance and zoning board, and A. Mendenhall for the grievance board, expect to call the first business sessions in ten days. Permanent quarters probably will be established in the Loyal. Chicago, March 30. — Some idea of the cost of operating grievance and clearance and zoning boards may be gleaned from the estimated budget of $1,000 per month set up by local ap- pointees at their initial meeting this week. Following is an itemized state- ment of anticipated costs revealing how the local group arrived at its es- timate : Office rent, $125 ; secretary's salary, $250; salary and expenses of two investigators, $400; telephone, $75 to $100; postage and telegraph, S50. The expense in the Chicago terri- tory would be prorated among ap- proximately 700 theatres and distribu- tors. Atlanta, March 30. — Code com- mittees held an organization meeting this week and adjourned until the first Monday in May, by which time a secretary will have been appointed by Code Authority. The next meeting was deferred in order that members might attend the M. P. T. O. A. con- vention in Los Angeles. Among those on the two bodies expected to attend the national meeting are Mitchell Wolfson, Miami : Oscar Lam. Rome, Ga. ; Nat Williams, president of the S. E. T. O. A.. Thomasville, Ga., and Robert B. Wilby, Atlanta. Kansas City, March 30. — Unable to reach a decision on choice of quar- ters and a secretary today, the local code boards will meet again Monday. June Metcalf, secretary of the K. M. T. A., is being considered for the secretarial post. Names for Advisers To Gov't Men Asked Washington, March 30. — Chair- men of the NRA labor and consumers' advisory boards today were asked by General Hugh S. Johnson to submit lists of nominees from which he can appoint labor and consumers' advisers to the administration members of code authorities. Orders were also issued directing all industries operating under codes and which do not already have such agencies to proceed immediately with the creation of industrial rela- tions committees or boards for the ad- justment ot labor complaints and dis- putes. The advisers will have no votes and will attend meetings only on invitation. They will, however, have free access to the minutes of all meetings and the right to appear before code authori- ties to make statements on specific subjects. The proposed industrial re- lations committees are designed to carry out the Administration's plan for compliance and settling of disputes by industry itself. The administration member of a code authority will be a member of such a board, without vote, and regional or local labor agen- cies may be set up where necessary or desirable. Lindsey Hears Coast Complaints Tuesday Hollywood, March 30.- — Acting on orders from George Creel, state NRA administrator, Judge Ben Lindsey swings into action Tuesday, hearing all complaints of code violations filed by studio labor elements, who claim thus far they have had no action from the studio labor board. Lindsey will let extra complaints ride, inasmuch as Airs. Mabel Kinney, chairman of the extra committee, promised him that committee would begin hearing com- plaints. Just w:hat power Lindsey will have in adjudicating these complaints re- mains to be seen as both the studio labor and extra committees have that authority. Lindsey merely stated he was ordered to hear the complaints and report them to Creel. Lindsey's position has been forced by hundreds of complainants appealing to Creel for action which they claim has not been given them so far. Pat Casey has nothing to say. He is waiting to see credentials of pow- er before he will recognize Lindsey's and Creel's authority to handle and ad- judicate studio complaints. 20th Century Loans All But Two on List Hollywood, March 30. — All of 20th Century's contract talent with the ex- ception of George Arliss and Ronald Colman will be farmed out during the company's three months' production siesta beginning May 1. Constance Bennett. Fredric March and Loretta Young will go to M-G-M and William Wellman and Walter Lang to Samuel Goldwyn. Wellman will direct Anna Sten in "Barbary Coast" and Lang, Eddie Cantor in "The Treasure Hunt." Joseph M. Schenck left for New York last night on U. A.'s 1934-1935 lineup. Darryl Zanuck will meet him there the latter part of April. In the same party are William R. Fraser, general manager for Harold Lloyd, who will confer with Fox in distribution of "The Catspaw" ; How- ard J. Green, writer, who is vacation- bound, and Ben Goetz. vice-president of Consolidated Film Industries. Shelby, O., House To Classify Films (Continued from page 1) B pictures. The plan is announced as "A New Deal in Admissions." Matinee price in the Class A di- vision is set at 20 cents, with a 30- cent evening rate. A 20-cent admis- sion will apply all day for Class B pictures. Children 10 cents at all times. Review Board, Campi Viewed Still at Odds (Continued from page 1) state how many members of the Au- thority were coming to Washington other than that "several" would be in the group, but implied that it was expected to put them on the stand after an informal conference and con- clude the hearings on the code im- mediately. W hether the members of the Authority will assent to such a procedure has not been divulged. It this plan is followed, it will mean that supporters of the code will be given but a couple of hours to meet a situa- tion built up by testimony taken over a period of two full days. Observers in Washington who have followed the proceedings before the Board with respect to the several codes on which it has held hearings are beginning to minimize the effects of the President's effort to assure small businesses of protection under the agreements. These men, including members of industries with codes on which complaints have been submitted but not yet heard, hold the opinion that the Board's investigations will be fruitless. They point out that the Board itself has no technical men con- versant with trade practices of the industries which are under fire, and thus is not competent to make an im- partial report on such matters. If reports are made to the President recommending changes in codes, they point out further, it will be necessary to secure technical opinion to support the Board's findings. The logical place to secure such information is the Recovery Administration. Thus, in the final analysis, even though the Board has refused to ac- cept the offered co-operation of the Administration, that body will have the last word as to the propriety of the agreements which it negotiated. No Action on Budget No definite action was taken yester- day by committees on the code budget and the extra situation at meetings at Code Authority headquarters. Both committees discussed various phases of the subjects involved and will meet again shortly for further action. Spend Million Monthly Hollywood, March 30. — Harry Cohn stated today that Columbia will spend approximately $1,000,000 month- ly in April, May and June to com- plete its current program by July 1. Productions involved include 19 fea- tures and seven tw:o-reelers. Plan Badminton Short Hollywood, March 30. — Warners will make a short subject based on badminton, using Jess Willard for a featured spot. He will be supported by Warner comedy players. Henry Blanke, an authority on the game, will direct. Swanson Coming East Hollywood, March 30. — Gloria Swanson leaves for New York Mon- day to arrange for personal appear- ances, after which she will return to M-G-M for "Three Weeks." Chicago Fan- Awaited with Varied Hopes (Continued from page 1) ing stage, but as balmy breezes con- tinue the local citizenry may be ex- pected to wake up and in only a short while, as the publicity guns begin to function, not only Chicago but the na- tion will be made conscious of the show. Motion Picture Daily, recalling that as far as the local industry is concerned, the guess on what the fair would do to theatre business last year proved 90 per cent wrong, has again put its ear to the ground for advance opinions and warnings. Last year, as the records will show, the almost unanimous opinion of exhibitors, aside from a few Loop optimists, was that the fair would be something more than the straw that broke the camel's back. Summer business, admittedly ridicu- lous at best, needed only the fair to send theatres six feet under the sod. How wrong these prognostications were is now a matter of history. Loop houses did recording-breaking business during the fair and neighborhood the- atres, contrary to expectations, cashed in comfortably. Wary on Predictions As a result of all this wrong guess- ing on last year's event, local predic- tions are either not to be obtained or are sharply divided. Many of those who missed their guess previously are out to redeem themselves by vociferous assurances that the 1934 exposition will eclipse anything preceding it, and they don't mean maybe. Others, first- water showmen, are more conserva- tive. Their special basis of making comparison is grounded on the inhe- rent showmanship principle that this year's fair must be regarded in the nature of a "second run." And, they argue, whoever heard of a second run clicking like a premiere. So, locally, any prediction is avail- able on what the 1934 World's Fair will be and do for the industry, and when a checkup is made it will be found to be six of one and a half dozen of the other. One thing can be definitely stated at this time — that is, that there will be another "Hollywood at the Fair," says Oscar W. Rosenthal, who spon- sored the concession last year. Last year the local industry didn't es- pecially fancy Rosenthal's presenta- tion of Hollywood and took occasion to tell Air. Hays so. Asked if he anticipated any cooper- ation from producers or other mem- bers of the industry, Rosenthal said : "They are welcome to participate if they want to, but I am not going to do any soliciting." Ohioans Advised to Delay on Percentage (Continued from page 1) association that a policy has been de- cided upon. In the first bulletin of the new or- ganization, P. T. Wood, business man- ager, says : "As we have a certain w ell-defined program in mind to com- bat this evil, we urge all members to withhold the signing of any contracts for 1934-35 product until they learn from this office how they should pro- ceed."