PlilCHKNTi:!) I!Y 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 . 1 00 . g ov/rr/reco rd AfR [i^r/ aii'I or PUBLISEEP OTION PICTURE ^CONSOIIDATION OF EXHIBITORS HERALD-WORLC AND MOTION PICTURE NEWS Organized distributors call halt on gangster pictures and excessive drinking scenes . . . Reds extend demands for free screen as colleges take up fight . . . Court at St. Louis turns thumbs down on distributors* motion for acquittal in anti-trust trial . . . How the music Is handled in "Metro- politan" . . . MPTOA places self -regulation solution in lap of distributors . . . ''California's tax may wipe Hollywood off the map" says Governor Curley of Massachusetts: Hearst's withdrawal brings fire from Chamber of Com- merce . . . Federal Judge Coxe is praised for cutting down Paramount receivership fees . . . American companies meet- ing quota demands of England with increased overseas production , - . Story purchases near all-time record . . . U, S, films cling to lead in Germany despite British rivalry .;'if" " ^YfiiiiiiiiMiMiiiii THIS YEAR AGAIN IT'S AN M-G-M HOLIDAY! Ronald Colman in Charles Dickens' "A Tale of Two Cities" with cast of thousands including: Elizabeth Allan, Edna May Oliver, Reginald Owen, Basil Rathbone, Blanche Yurka, Henry B. Walthall. A Metro-Goldwyn-Mayer Picture. Produced by David O. Selznick. Directed by Jack Conway. OF r\T\ES rT r^riN picture! The Big HoUda^ Start NOW! Keep it up ! Tell the folks j That you've got The One and Only Big Holiday Show of the Festive Season! ' Last Christmas M-G-M stole the Box-office thunder with Mr. Dickens' "David Copperfield " This year, again, Records go To the Dickens With "A Tale of Two Cities" from Santa Claus Leo! ' AND OBSERVE TH < Ian Hunter • Paul Lukas • Sybil Jason • Jessie Ralp I And remember it's the show that won MERVYN Le ComingMNov. ,6) "I FOUND STELLA PARISH" • coming. (Nov. 23) "STA | All in 3 short we 4 WARN El THESE DAYS feminine hearts the flutters! Now here she is in the most seduc- tive creations known to science — and her strongest story since she gave you "The House on Fifty -sixth Street". is CAST, PLEASE! h • Barton MacLane • Eddie Acuff • Joseph Sawyer ^OY his appointment to direct "Anthony Adverse". as OVER BROADWAY coming! (Nov. 30) QAGKEY In"FRISCO KID // sks/ and all f r o m BROS. Statemen On pages 19 to 26 of this issue will be found an announcement of special interest and genuine importance to every theatre operator. MOTION PICTURE HERALD Vol. 121, No. 5 "SMACKING STRONGLY" THE querulous New Republic has been out looking at news- reels, resulting in a finding that the "five standard brands" are made up with militaristic scenes covering 10.4 percent of all items shown and only "ten shots, 3.3 percent of all that could be construed as pacifist in effect." It is too much to expect that the New Republic would under- stand that pacifism does not photograph, whereas armies and navies and the pageantry of war machines present great pic- torial punch. If the pallid pundits of that esteemed publication were to engage In really exhaustive research into the evidences of the newsreels from the beginning, their percentage tables would tend to show that chief activity of public figures has all down the years been the laying of corner stones, that the dominant public spectacle pastime of the people has been fires, and that ships are 'built mainly to be launched. They would find that the principal result of child welfare movements has been to supply baby parades, and likely they would also deduce that the bathing suit is worn practically always everywhere by all pretty girls south of Charleston and west of the Rockies. The New Republic's notions about the motion picture carry about the same authenticity as a two volume work on prehis- toric man based on the evidences of the handle of a busted clay water jug. It appears that we are indebted for this, and much other current attention of a kindred nature, to the excitements in- spired, created and promoted by "The March of Time" journal of the screen, sometimes called a newsreel. The New Republic finds that "its fifth newsreel edition suddenly went off in a strange and ominous direction, smacking strongly of fascist propaganda. . . ." Two words in that line of comment are correct: "smacking strongly." Time's screen efforts are colored and controlled by exactly the same tastes and motivations as the printed pages of Time and its gaudy vanity-book-of-buslness supplement. Fortune. "Smacking strongly," at or least smacking as strongly as they can, is the dominant characteristic of their output. They are just natural-born strong smackers, exponents of teleo- logical development of the wise-crack. The "March of Time" smacks much more strongly of an effort to sell some film than it does of an effort to sell fascism or any other ism. It has 'been inevitable that the impact of the Time idea on the screen would be accompanied by some degree of disturb- ance. If it had not achieved disturbance it would have been automatic failure and several smart young fellows would have been chagrined extremely. It is now fairly apparent that Time, the magazine, Time the November 2, 1935 radio and Time the movie, are all expressions of the same fresh exploring spirit, emboldened by success with the printed page, piqued perhaps by discovery that radio success is but an ad- vertising decoration representing attainment of the order of a pretty leg serving a hosiery vendor, and anticipating new con- quest on the screen. The very pretty consequence is that both the screen, anxious to steer a pleasantly profitable and undisputed course of com- fort, and the critics of the screen with its current identification with the status quo ante of American business, should be ex- cited by this invasion of Time. Newsreels and their neutrality on the one hand, or their service to friendly special causes or personages, on the other, for years have been at times a subject of concern to the In- dustry's public relations department. Now with "The March of Time" leading a trend toward the presentation of screen ma- terial of viewpoint, If not opinion, a whole set of problems looms. The problem is not what the pictures may stand for, but that they may stand for anything. The motion picture theatre as the servant of the millions has never been able to afford opinion, attitude. Ideas — anything but sheer entertainment pabulum. If product of opinion Is pro- duced with sufficient persistence and skill it may make a theatre for Itself. That has little to do with the immediate now — which is the precise period about which the motion picture industry persists in being most concerned. AAA TOO PROMISING SOME ambitious forecasting concerning the art of the screen is being done, mostly by laymen, and some of It exuded the other day at the Washington meeting of the Society of Motion Picture Engineers, with promises of stereoscopic screen Images, along with color. It is to be observed that engi- neers and scientists never seriously consider stereoscopic pic- tures, without the Intervention of a viewing device, any more than they do perpetual motion — for the same sort of reason. AAA After these many years, Mr. William Randolph hiearst, what with submitting to interviews and taking his pen in hand to write a few lines to editors, seems in a fair way toward getting a bit of publicity. AAA The cultured pheasants of the Silvermlne Valley can read the "no shooting" signs in two languages and have retired to posted property for the duration. The native and hasty part- ridge is Illiterate, and pays for it. MOTION PICTURE HERALD MARTIN QUIGLEY. Editor-in-Chief and Publisher Incorporating Exhibitor's Herald, founded 1915; Motion Picture News, founded 1913; Moving Picture World, founded 1907; Motography, founded 1909; The Film Index, founded 1906. Published every Thursday by Quigley Publishing Company, 1790 Broadway, New York City. Telephone Circle 7-3100. Cable address "Quigpubco, New York." Martin Quigley, Editor-in-Chief and Publisher; Colvin Brown, Vice-President and General Manager; Terry Ramsaye, Editor; Ernest A. Rovelstad, Managing Editor; Chicago Bureau, 624 South Michigan Avenue, C. B. O'Neill, manager; Hollywood Bureau, Postal Union Life Building, Victor M. Shapiro, manager; Lonidon Bureau, Remo House, 310 Regent Street, London W I, Bruce Allan, cable Quigpubco ilondon; Berlin Bureau, Berlin-Templehof. Kaiserin-Augustastrasse 28, Joachim K. Rutenberg, representative; Paris Bureau, 19, Rue de la Cour-des-Noues, Paris 20e, France, Pierre Autre, representative, cable Autre-Lacifral-20 Paris; Rome Bureau, Viale Gorizia, Rome, Italy, Vittorio Malpassuti, representative, Italcable, Malpassuti, Rome; Sydney Bureau, 600 George Street, Sydney, Australia, Cliff Holt, representative; Mexico City Bureau, Apartado 269, Mexico City, Mexico, James Lockhort, representative; Prague Bureau, Uhelny trh 2, Prague I, Czechoslovakia, Harry Knopf, representative; Budapest Bureau, 3, Kaplar-u, Budapest, Hungary, Endre Hevesi, representative; Buenos Aires Bureau, Cuenca 52, Buenos Aires, Argentina, N. Bruski, representative; Shanghai Bureau, 142 Museum Rood, Shanghai, China, J. P. Koehler, representative; Tokyo Bureau, 47 Higashi-Gokencho, Ushigome-Ku, Tokyo, Japan, H. Tominaga, representative; Rio de Janeiro Bureau, Coixa Postal 3358, Rio de Janeiro, Brazil, A. Weissmann, representative; Barcelona Bureau, Harry Chopin Plommer, Hotel Ritz, Plaza de las Cortes, Barcelona, Spain. Member Audit Bureau of Circulations. All contents copyright 1935 by Quigley Publishing Company. Address all correspondence to the New York Office. Better Theatres, devoted to the construction, equipment and operation of theatres, is published every fourth week as section 2 of Motion Picture Herald. Other Quigley Publications: Motion Picture Daily, Motion Picture Almanac, and The Box Office Check-up, both published annually. 8 MOTION PICTURE HERALD November 2, 1935 This JVeek MOTION PICTURE HERALD'S Trial or Law The Government's anti-trust suit against the American Society of Composers, Authors and Publishers and the Music Publishers Protective Association may never be brought to trial. A high spokes- man for the organized music interests bases that conclusion on the fact that the Gov- ernment seeks to regulate the societies. Only Congress has the powder of regulation, and it is predicted in film circles that such regulation will come. Postponement of the trial from this week to January 7 means that the case will be continued indefinitely and eventually dis- missed, he said. Meanwhile film companies are strength- ening their music company holdings by new acquisitions. And there are other develop- ments in the music situation, as told in the story starting on page 13. A Moratorium A moratorium on films which "portray the activities of American gangsters in vio- lent conflict with the law" has been de- clared by the producers at the request of Will H. Hays, president of the Motion Pic- ture Producers and Distributors of America, says an official MPPDA announcement. The objective in adding such a prohibi- tion to the Production Code was to prevent pictures showing violent gang warfare "from becoming disproportionate in number or over-emphasized in treatment," explains the MPPDA. It is also related that Mr. Hays has been strongly commended for his request to avoid "the glamorous use of liquor" in films, and an explanation is given for the change in title of "Snatched" to "Show Them No Mercy," a Darryl Zanuck production for Twentieth Century-Fox. See page 27. Up to Distributors The Motion Picture Theatre Owners of America suddenly placed on the shoulders of distributors the responsibility for enact- ing a mutual plan to correct trade abuses, and extended its move for obtaining home rule to adjudicate disputes, controversies, irritations and friction in motion picture trade relations, by advancing to the dis- tributors either one of two courses: (1) taking voluntary action to alleviate a troublesome situation; or, (2) refusing to work out a solution and taking the conse- quences of possible Government control. And while the MPTOA was broadcast- ing from headquarters in New York a plea for immediate action, members of state ex- hibitor organizations were meeting to work out their own immediate problems in In- diana, Wisconsin, Connecticut, Pennsyl- vania, California and Washington. Exhibitor organization activities of the week were quite pronounced, and are de- tailed on page 17. Echoes William Randolph Hearst's announce- ment of last week that California's "con- fiscatory" income taxes are compelling him to move to New York was not without repercussions in Hollywood, where it was freely predicted that motion picture execu- tives and stars in the higher income brackets would follow him. Too, invitations started pouring into the production capital from eastern states to bring their studios to their doors. Hearst sympathizers were more numer- ous than those native California sons whose booster spirit was aroused, but the Hearst sympathizers were not nearly so vociferous. The situation that has been created by Mr. Hearst's decision is described on page 41. Editorial Page 7 This Week in Pictures Page 10 The Hollywood Scene Page 85 J. C. Jenkins — His Colyuni Page 70 Productions in Work Page 84 What the Picture Did for Me Page 71 Showmen's Reviews Page 56 The Cutting Room Page 64 Managers' Round Table Page 75 Technological Page 86 Chicago News Notes Page 94 Short Subiects on Broadway Page 94 The Release Chart Page 87 Box Office Receipts Page 95 Classified Advertising Page 98 Campus Radicals Students at several colleges are mixing agitation with intellectual pursuits in cam- paigning against "Red Salute," which they claim ridicules campus anti-war and radical movements. There was high excitement at the University of Kansas, and at Yale, Penn State and Tulane University certain groups join the protest. The Reds are demanding freedom of the screen for Soviet propaganda films while at the same time they would deny the privilege to American films which they dislike. See page 16. A Frankenstein Word from New England that double features in that section, their cradle, are generally disliked by exhibitors, came this week at the same time that Edward L. Golden, Republic's sales manager, was estimating that the practice is growing, especially in small towns, to the points where today there are no less than 8,000 theatres operating under such a policy. These and other double bill developments are reported on page 42. Showing Profit There was a cheerier atmosphere hover- ing around the executive floor of Warner Brothers home office near New York's film row, as the corporation determined that operations for 1934-35 will show a profit, as against a loss of $2,530,000 in 1933-34. Too, a minority stockholders suit has been settled and plans layed for holding a stockholders' meeting on December 9th, at which the management is to be elected to majority control of the board of directors. See page 34. Paramount's official family, east and west, jubilant over the reaction to "Hands Across the Table," first production in which the clever hand of Ernst Lubitsch has been stretched across the studio from purchase to finished product, see in this motion picture a pace-setter for new quarter production. Mr. Gus McCarthy, whose "showman's re- view" appeared in the Herald issue of Oc- tober 19, said at that time that "the show is potentially promising of exploding into a box-office surprise," a view in which the preview audience concurred. It's only seven months ago that Mr. Lubitsch was chosen to be the company's managing director of production. 9 NEWS SUMMARY COVERING THE SCREEN WORLD Two Theatres in One Two theatres in one auditorium is the feature of the new Bexley theatre, a neigh- borhood house recently opened in Columbus, Ohio. A wall has been built running down the center of the building, splitting the screen into two halves which are both served from the same projection room in the rear. The projection equipment and sound, in- vented by Theodore Lindenberg, is the re- sult of fifteen years of experiment. No acous- tical material is used in the theatre and one or both of the auditoriums can be used as required. Bert Williams, head of a Columbus radio broadcasting station, is president of the company operating the house. Paramount Northwest Theatres, of which the principal unit is the former Finkelstein and Rubin circuit, with headquarters in St. Paul. The Paramount partnership with Hamm and Charles under which this circuit was operated formerly was ended September 28th, and since then L. J. Ludwig and John J. Friedl have been operating the unit under home office supervision. Mr. Schaefer's attitude is authoritatively said to be favorable toward a theatre op- erating arrangement, and if an agreement such as is now in prospect materializes, he would resign from his present offices, it is said, but would continue his relations in the Paramount family. Mr. Schaefer is now in St. Louis at the trial of the federal con- spiracy action against Warners, Paramount and RKO. Commended Typical of the commendation expressed by the financial press for the cutting down of the $3,239,828 bill presented by lawyers and committees in the Paramount receiver- ship case was the observation of the Scripps-Howard newspapers that Federal Judge Alfred C. Coxe's order "struck a blow in favor of those exploited persons" known as security holders. The Hearst newspapers, too, warmly praised Judge Coxe's action, declaring that, "If other courts follow the lead of Judge Coxe, a new day has arrived for security holders in bankrupt concerns." These and other Paramount developments are reported on page 28. Meeting Quota American companies in England are step- ping forward actively to meet the produc- tion demands that the new rigid quota pro- visions are prompting. Universal, first to act, has plans for studio expansion entailing an expenditure of $650,000. General Theatres Equipment, following a sharp write-off under its reorganization plan, shows a substantial profit in its latest financial statement. Other news from Bruce Allan, the Herald's London correspondent, appears on page 68. " Schaefer Move? George J. Schaefer, vice-president and a director of Paramount Pictures in charge of distribution, may relinquish his present duties in the near future to take over op- eration of a Paramount theatre circuit, Motion Picture Daily said Thursday. That Mr. Schaefer has been considering such a move was stated on good authority to be a fact, although no definite arrangements or agreement has been arrived at as yet. A report which, however lacks confirma- tion, has Mr. Schaefer assuming operating charge of Paramount theatres in New Eng- land, where the company's principal theatre unit is the Mullin and Pinansky circuit, which might be augmented later under Mr. Schaefer's direction by the Olympia circuit, following its reorganization. Credence is added to this report by the fact that Mr. Schaefer obtained his early experience in the industry in the New England area and has maintained his contacts there since. Another report, likewise unconfirmed, has Mr. Schaefer taking over operation of the Stage Source W %nes Eighteen Hollywood producers in Septem- ber purchased some 91 stories for 1935-36 production, closely approaching the all-time April record of 100 purchases. Many of the new purchases were out- standing contributions of producers and publishers at the beginning, last Labor Day, of the new show and book publishing sea- son. A complete list of all acquisitions starts on page 39. May Drop Suit The action of Eva Fox and the All-Con- tinent Corporation charging officers and directors fo the Fox Film Corporation with dissipation of the company's assets through the merger with Twentieth Century may be abandoned, it was indicated over last week- end by attorneys for the plaintiffs. Mrs. Fox, the wife of William Fox and reputedly owner of a controlling interest in All-Continent, an investment corporation holding Fox securities, was granted leave some time ago to conduct an examination of the principal defendants in advance of trial of her action. The defendants include Sid- ney R. Kent, W. C. Michel, former Senator David O. Hastings and officers of the Chase National Bank. No move has been made as yet to begin these examinations and it was stated at the offices of Hirsch, Newman, Reass and Becker, attorneys for William Fox, that not only have no definite plans been made to summon the defendants for questioning, but that it was not unlikely that the entire action might be permitted to lapse. It was added that, among other reasons, the condition of Mr. Fox, who is undergoing treatment in a Toronto hospital, was a factor contributing to this possibility. Counsel for Warner Brothers, Paramount and RKO, this week were presenting their defense arguments against the Government charge of conspiracy in the trial at St. Louis. The court refused to direct the jury to return a verdict of not guilty after days of argumentation on the defense attorneys' peti- tions. Details of the progress of the trial appear on page 47 and following pages. Brazilian Merger Merger of the exhibition forces of Luiz Severiano Ribeiro and the Companhia Brasileira in Brazil has raised a critical problem among the smaller exhibitors, writes the Herald correspondent at Rio de Janeiro. Independent theatremen are unable to get the better product, he says, and must pay high prices for what they can obtain. There are only six first-run theatres for Rio de Janeiro's population of two millions, and these six, with less than 10,000 seating capacity, according to the correspondent, are inadequate in the light of American theatre standards. The story is on page 69. Gam in Germany Despite sharp competition from the studios in England, American pictures are retaining their lead in the German market, writes J. K. Rutenberg, the Herald's correspond- ent in Berlin. Increased attendance at the theatres is noted as the new season gathers steam, and the studios also are showing greater activ- ity. Mr. Rutenberg's resume is on page 67. 10 MOTION PICTURE HERALD November 2, 1935 This IV 'A in Pictures REACHING. Are Carole Lombard and Fred MacMur- ray in, mayhap, a demonstration of their aspirations toward love and riches in their current Paramount picture, "Hands Across the Table," which was selected to head this week's new bill at the New York Paramount. ACTION! CAMERA! And It took an alert still photographer and a pretty fast shutter to catch Anita Louise in full flight toward an oncoming tennis ball. Result: A fascinating bit of portraiture showing the Warner fea- tured player at play on the studio courts. "Enemy of Man" is her cur- rent picture. SOME FUN. EH. KIDS? Bringing their own sound effects, these youngsters out-ganged Our Gang at their opening of Hal Roach's MGM comedy. "Our Gang Follies of 1936" at the Capitol in New York. Paternalistically par- ticipating Is Victor Moore, stage star. LEADING A DOG'S LIFE. Isn't so bad if you're Buck, who, following his success in "Call of the Wild." has been given a five-year contract by 20th Century-Fox. He is shown here "lunching" with a fellow contract player. Alice Faye, at the studio. "The Country Beyond" is Buck's next picture. November 2, 1935 MOTION PICTURE HERALD II FATHER PUNCHINELLO. Chico of the Marx Brothers, pictured with his 18-year-old daughter Maxine as she visited him at the MGM studio during the filming of "A Night at the Opera." She is a student at a New York dramatic school. MAKING UP THE DIFFERENCE. Joan Barrie is enough like her sister to be Mona's stand-in. But one deficiency: Six inches too short. The solution? Easy — a pair of balsam wood sandals six inches thick. Here's Joan strapping 'em on at 20th Century-Fox for a scene in "Kid Bur- lesque," with Mona's moral assistance. HEAD OF THE UNSEEN CAST. An Interestingly posed and composed camera portrait in which a Universal still photographer realizes many of the dramatic values of two crafts — his own and that of his subject, a director. It Is a study of Edward Sutherland, whose recent work for Universal includes "Diamond Jim" and "Song of Joy." EXPERT INSTRUCTION. Was arranged for June Travis in preparation for her role In Warners' "Ceiling Zero," and this without calling on the opposite sex, Amelia Earhart being engaged. Here teacher is shown telling June something about the law of gravity. 12 MOTION PICTURE HERALD November 2. 1935 WORTH LOOKING INTO. Those eyes of Margaret Lindsay, Warner player, which brighten this study by Ferenc. She's now making "Personal Maid's Secret." A THIRD BEERY. Son of Noah, nephew of Wallace. Noah, Jr., is he, whose role of a waif in Universal's "Stormy" is winning current attention from reviewers. BRITISH DISTRIBUTORS CONVENE. Delegates to the convention of First National Film Distributors, Ltd., as they met at Blackpool, England, to discuss organi- zation and general trade problems. Illness prevented the presence of D. E. Griffiths, managing director. ANOTHER RAY. Being the 18-year-old sister of Charles Ray, star of many silent pictures. She is shown with Henry Hathaway, director of Paramount's "Peter Ibbetson," in which, with a small role, Miss Ray will make her screen debut. FROM ENGLAND. Mrs. Mark Ostrer, wife of the chairman of Gau- mont British, arriving in New York for the premiere of GB's "Transatlan- tic Tunnel" at the Roxy. November 2, 1935 MOTION PICTURE HERALD 13 U. S. PLAN TO DROP SUIT SEEN BY MUSIC INDUSTRY Delaying of Trial to January 7th Called Indication That Government Does Not in- tend to Resume Action Postponement of the Government anti- trust suit against the American Society oi Composers, Authors and Publishers and the Music Publishers Protective Association from November 4 to January 7 was cited as positive proof by organized music inter- ests in New York that the Government is not sure of its ground and never expects to bring the case to trial. A high executive of the defendant music industry revealed this week that at a con- ference between counsel for ASCAP. the Motion Picture Producers and Distributors of America, the Department of Justice and Federal Judge Henry W. Goddard, who heard the start of the trial last June, there were brought out certain definite in- dications pointing strongly that the Gov- ernment does not intend to resume the proceedings which had been cut short last summer and scheduled to resume Novem- ber 4th. Even before the trial was begun last summer serious doubt was expressed by Judge Goddard that a United States dis- trict court was the proper agency to accom- plish the Government's aims. At the outset of the trial, Andrew Bennett, special as- sistant United States attorney general (now definitely out of the case), informed the court that the government did not seek dissolution of the Society but that it wanted to bring about regulation, especially with regards to the fees. Judge Goddard at that time pointed out that the courts had no power to regulate but agreed to proceed with the case to develop further informa- tion on what the Government was attempt- ing to achieve. See Legislative Move Film company attorneys also recently pointed out that the Government was on the wrong track in seeking regulation through the courts since that power was vested only in Congress. Their view is, however, that federal regulation of music is sure to come and that legislation to this effect may be introduced in the next ses- sion of Congress. (Herald^ October 12.) The Government's prosecution was chief- ly at the instance of broadcasting com- panies whose fee for performing rights was increased by ASCAP last fall from 3 per cent of the gross revenue from com- mercial programs to 5 per cent. It also resulted partly from the pressure brought to bear on Congressmen by exhibitors who felt they were being oppressed by ASCAP or who had been sued for infringement of copyright. These same forces, it is predicted by at- 2S PER CENT INCREASE IN MUSICIANS' JOBS Employment of musicians in the motion picture theatres in the United States has increased 2 5 per cent this year over 1934, the New England Conference of the American Federa- tion of Musicians was told this week at Hartford, Conn. Fred W. Birnbach of New York, assistant to Joseph N. Weber, inter- national president of the Federation, made this disclosure. At the same time, he said, total attendance at film theatres which have no stage entertainment has dropped 25 per cent, patronage be- ing lost to night clubs which feature floor shows. He did not explain the basis for his figures. torneys for motion picture companies, will bring about federal regulation, with the legislation recently enacted in several states merely a forerunner to action to be taken in Washington. The date of January 7 set for resumption of the trial in the United States district court in New York is merely tentative, and is subject to a conference between opposing counsel with the judge two weeks in ad- vance. A factor in the postponement was the overcrowded condition of the court calendar, it was said, and the same reason may force another continuance. This explanation is in contrast to earlier word from Washington that no postpone- ment of the trial would be acceptable to the Government and that the issue is considered of such importance as to make a quick de- cision most desirable. The broadcasters, theatre owners and music users generally are also eager for an early decision. The view of the music interests, as ex- pressed in high quarters, is that the post- ponement is merely a face-saving gesture, and that several avenues are open to the Government by which a trial can be avoided. For one thing, the case can be delayed indefinitely until it dies of in- anition, finally to be dismissed altogether. The purpose of the original postpone- ment was to give counsel for the opposing sides time in which to agree on stipula- tions which would speed up the trial. However, the government only recently submitted the stipulations it wants the music societies to accept, and considerable time will be required before an agreement can be reached. The stipulation has no relation to a decision or a consent decree, but is simply a report of certain facts to which both sides agree. The effect is to place these facts in the court record — as Expectation of Legislation at Next Session Discourages In- creased Royalty Charges; MGM Buys L. Feist Company facts — without the necessity of calling wit- nesses to prove them. While the primary purpose of a stipula- tion is thus to place the court quickly in possession of pertinent facts, it frequently happens that the way is cleared for the negotiation of a consent decree, through affirmation in the stipulation of the Gov- ernment's charges. However, the defend- ants are objecting to many of the Govern- ment's stipulations on which a consent de- cree might conceivably be based. Meanwhile the existence of the case on the docket and the threat of legislation are proving effective discouragement to any thoughts of ASCAP to increase the royal- ties to users of music. While E. C. Mills, general manager of ASCAP, said this week he favored an increase in rates to ex- hibitors, radio stations and others, intimat- ing that additional revenue would solve many of the Society's internal problems, at the same time he said there were no plans underway for an increase. New con- tracts are being negotiated with broadcast- ers for a five-year period beginning Janu- ary 1, on the existing schedule of fees. This process has been slow because the broadcasters had been awaiting a decision in the antitrust action. "Tin Pan Alley" Vanishing While ASCAP looks with considerable trepidation on the acquisition of music pub- lishing concerns by motion picture com- panies, which already control some of the most important properties in the field, American film companies are on the way to almost complete domination of "tin pan alley," as the industry embracing the com- posing and publishing of music is known. Purchase of substantially the entire capital stock of Leo Feist, Inc., by Metro- Goldwyn-Mayer, announced this week, is further indication of the trend, and caused New York music circles to wonder whether MGM, in adding to its holdings, is seek- ing to rival Warner in the extent of its music properties. While the purchase price was not announced, it is generally credited as between $400,000 and $450,- 000. At the same time developments were awaited within the music industry itself as a result of a members' meeting of the So- ciety at the Astor hotel in New York on Thursday, when the Government's action, Warner's demand for more revenue and its threat to withdraw from ASCAP, a pro- ( Continued on following page) 14 MOTION PICTURE HERALD November 2, 19 35 FILM CONCERNS RULE tIN PAN ALLEY' {Continued from preceding page) posed new classification system and other important matters were expected to be de- bated. New Income Distribution Plan The publishers' classification committee of ASCAP on Tuesday reported a plan which it presumes will meet Warner's ob- jections to the present method of distribut- ing income from collections of royalty fees. The plan provides largely for basing the income participation on the number of times a publisher's compositions are played, rather than the present arbitrary system. Other points such as seniority, availability of catalogue for performance and standing of the members would, however, be re- tained, it is understood. Louis Bernstein, vice-president of ASCAP and chairman of the committee, said he believed the pro- posed method would remove Warner's op- position, but that it is merely tentative. A directors' meeting of the Society was held on Wednesday in advance of the semi- <mnual members' meeting the following day. Commenting on the trend pointing to eventual control of the music industry by motion picture interests, Edgar F. Bitner, president of Leo Feist, Inc., who announced the sale to MGM, said: "We felt very strongly that in the ab- sence of film material it is very difficult to make both ends meet. In fact, it is im- possible to exist without a motion picture tieup. I can say that now, frankly, but would have insisted otherwise before the deal was consummated." Originally, it is pointed out, the large film companies initiated the series of music company acquisitions tq avoid paying excessive prices for the use of music in recording. Later they added other proper- ties to consolidate their holdings and also because they found it profitable to do so. Today Warner, MGM, Paramount and Fox control among them the bulk of the more important music firms. Obviously, a film-controlled publishing house is in a position to exploit its com- positions on the screen and in other ways than an independent does not possess, and the competition to independent publishers has proved so strong that such large "out- side" firms as Mills Music, Inc., and Craw- ford Music Corporation for months have been seeking a purchaser in the motion pic- ture industry. Large Revenues Cited Another reason for the large purchases is indicated in the revenues. The three major Warner holdings — Harms, Inc., M. Witniark & Sons and Remick Music Cor- poration— representing a purchase invest- ment, according to Warner, of $9,000,000, last year received from ASCAP alone $330,000, not to speak of fees from film and phonograph recording. In addition, the sale of sheet music is still no incon- siderate item, especially in the case of a picture which produces a hit tune. MGM's original investment of |75,000 Hollywood Manager BOONE MANCALL, of the New York office of Qulgley Publications, has been appointed to succeed Victor M. Shapiro, resigned, as manager of the Hollywood Bureau of Quigley Publica- tions as of November 2nd. in Robbins Music Corporation, for a 51 per cent interest, has netted several times that amount in earnings in the last five years, according to reliable report. The chief reason, however, is said to be not so much the matter of revenue as the building up of a catalogue for film produc- tion without having to resort to outside music wells. MGM's purchase of Leo Feist, Inc., is one of the largest deals of its kind in re- cent years, bringing to the film company 10,000 compositions, 5,000 of which are susceptible to ASCAP performing rights. During its 38 years the company brought a wealth of outside acquisitions to its own repertoire. Controlling interest was purchased from the estate of Leo Feist, the founder, from the widow and from employees who had been presented with blocks of stock by Mr. Feist. Felix Feist, general sales manager for MGM, a brother of the founder of the music company, was a member of the firm some 25 years ago and was in addition a song writer. Some of his numbers are still in demand. The trend has continued almost without interruption toward the acquisition of pub- lishing companies, one of the few excep- tions being that Warner at one time dis- posed of DeSylva, Brown and Henderson to the Crawford firm. Among the larger holdings are Para- mount's Famous Music Corporation and Popular Melodies, Inc., a recently formed company operated in conjunction with Famous; Twentieth Century-Fox's Movie- tone Music Corporation, a wholly owned subsidiary, and Sam Fox Publishing Com- pany, and Warner's Music Publishing Holding Company. Warner by far has the largest music division, and now MGM gives promise of becoming a strong com- petitor. Universal, too, has music connec- tions. Broadening of Remick Music Corpora- tion's activities was indicated with the ap- pointment this week of Rocco Vocco as general manager. The company formerly was supervised by Edwin H. Morris, gen- eral manager of Warner's music division, and Art Schwartz, his assistant. Well- known in the professional branch of the music publishing business, Mr. Vocco was for 20 years with Leo Feist, Inc., in charge of the Chicago branch and later directing professional activities in New York. Sub- sequently he joined DeSylva, Brown and Henderson and recently was vice-president and general manager of Crawford Music Company. Air. Rocco also believes that film com- pany control of music publishing is almost complete, and that a company not affiliated with a. motion picture producing company has little likelihood of achieving a first- class rating. Suits Continue ASCAP continues to move against al- leged infringements of its copyrights by reproducing its music without paying the royalty. The Society, through Gene Buck, its president, has filed suit for $2,500 dam- ages at Wichita, Kan., against H. E. Camp- bell of the Nomar and O. F. Sullivan of the West in that city. The cases are sched- uled for hearing in the federal court in the term starting this week. ASCAP has obtained judgments of $250 against the Coral Gables Country Club in Miami, Fla., on each of three songs played without a license. A restaurant in Miami was ordered to pay a judgment of $250. George Skouras Takes Over Four from U.A. Because of the pressure of his new duties at the United Artists Distributing Corpora- tion, Harry D. Buckley, vice-president and general manager of the United Artists Thea- tre Circuit, Inc., has relinquished some of his activities in the theatre field. Joseph M. Schenck, president of the company, has named George Skouras to represent the United Artists interests with full charge of operation of the Rivoli theatre on Broad- way in New York and the three United Artists theatres that are situated in Detroit, Portland and Chicago. November 2, 1935 MOTION PICTURE HERALD 15 Diversion Along the Beaten Path In Music of ''Metropolitan' Bravura Exposition of Tihhettian Talent hut Oft-Told Story, Says OSullivan by JOSEPH O'SULLIVAN THE romance of the ambitious opera singer is still with us and shows no immediate signs of abating. Lawrence Tibbett brings his vibrant voice and prepossessing personality to the screen in "Metropolitan," the latest of the film musicals founded on the formula that has proved so remunerative when applied to stories build around gifted vocalists who leap from obscurity to fame on an operatic aria. Mr. Tibbett accomplishes the feat v/ith much enthusiasm and self - confidence, bounding from aria to aria in a crescendo of triumph that leaves no doubt of his ability to surmount any vocal hazards he may encounter. So apparent is his extra- ordinary gift for vocalizing that one won- ders why he was ever relegated (in the story) to the chorus of the opera company. From the very beginning when he takes you "On the Road to Mandalay" in high adventure, then detours to "De Glory Road" with the vocal clutch wide open, you feel certain that Tommy Renwick (Tibbett) will "knock 'em dead" if he ever gets his chance in the big opera. In fact, you won- der at the obtuseness of any impresario who wouldn't give him a starring role. When Tommy Renwick resigns in high dudgeon from the chorus, telling the im- presario right to his face that he will be sorry he rescinded his announcement to have Tommy sing Amonasro in "Aida," you know that Tommy will soon make good his threat. You know, too, that before his public triumph in the final scene there will be pro- vided some choice scenes from operas in which the baritone will have the center of the stage. In pursuing this charted course the pro- ducers have utilized three of the most popu- lar and effective baritone arias in the oper- atic repertoire, the Largo al Factotum from "The Barber of Seville," the Toreador lib Lin (tis Fa.- . in . Iiim drrsihKn.o WtlH jo i,h! U Id la lu r,i I.t, ].. r/n. . ,"-™/«. f.. h,m if U r<ilf. f\o «l la 1^ 1- /n U In U /> \a tai Irt la! In I- U In THE LARGO AL FACTOTUM, from Rossini's "The Barber of Se- ville", is another famous aria sung by Mr. Tibbett. THE TOREADOR SONG, from Bizet's "Carmen", is sung by Law- rence Tibbett in Twentieth Cen- tury-Fox's "Metropolitan." Song from "Carmen," and the Prologue from "Pagliacci," all of which Mr. Tibbett renders with much wealth of tone and artistic gusto. The dramatic reason for introducing these famous arias concerns itself with the tem- peramental fits of a would-be prima donna, the eccentricities of an old maestro who is endeavoring to make a comeback with the baton, and the vagaries of two fellow mem- bers of the opera company who are enthusi- astic boosters for the aspiring young bari- tone. The romantic interest is centered in a young lady of the company whose person- ality intrigues the ambitious Tommy and whose vocal gifts drive the cattish prima donna into spasms of rage and chagrin. All this makes for a diverting form of entertainment, although tailored in a mode that is becoming stereotyped. It is also rapidly utilizing the melodic cream of the great lyric dramas to make a movie melange that, while delectable, is somewhat too rich for nutritive consumption. It is analogous to eating all the frosting off the cake and spoiling the appetite for the more substantial portion. It would be gratifying to report that with such a superb artist as Mr. Tibbett and such colorful atmosphere as the vicissitudes of grand opera afford, the producers of "Metropolitan" had succeeded in making something a little farther removed from the routine type of movie-musical that has come to be accepted as the proper vehicle for some of our most gifted songbirds. But "Metropolitan" brings to the screen nothing of significance in the advancement of musical-photoplay media. It provides set- tings for the bravura exposition of the tal- ents of Mr. Tibbett while telling an oft-told story that supplies the back- ground for operatic excerpts in which our most famous American operatic baritone proves he is just that. It gives the very gifted Miss Alice Brady the opportunity to demonstrate what a certain facetious philoso- pher meant when he defined "tempera- mental" as "ninety per cent temper and 10 per cent mental." It affords that fine actor, George Marion, Sr., a character role that might have stepped right out of the Thirty- ninth Street entrance of the Metropolitan ; and it provides Luis Alberni with as vola- tile and entertaining a role as that he es- sayed in "One Night of Love." From this latest of the major film musi- cals, it is evident that the producers and their songbirds must run the gamut of the favorite lyric gems of opera before wp may reasonably expect something impor- tant to be done in the matter of musical photoplays. Mr. Tibbett in a by-line article on "The Opera in Pictures," expresses some opinions that are far-fetched, so say the least. "Through the medium of the motion picture screen," he asserts, "our country is rapidly being made opera-conscious. Such pictures as 'Metropolitan' must inevitably have the effect of winning the confidence and interest of the public, and of familiarizing audiences with the stories on which operas are based." How anyone can become familiar with the stories on which operas are based from such fragments and arias as those in "Metropoli- tan" and its predecessors of similar formula, is somewhat mystifying. But when Mr. Tibbett, in the same article, says that in order to survive "opera must present its librettos in English, sung by art- ists who have learned to enunciate the Eng- lish language simply and naturally," and that "in adapting it to the screen . . . the liberties of motion picture technique will be necessary," adding that "the main plot and music may be retained, but the action and background should be expanded in the same manner that scenario writers now adapt stage plays," he is on safe ground, and, inci- dentally, in accordance with views expressed by the writer in extenso in articles published in the Motion Picture Herald during the past four years. ea-^l-ward lo Ihe sea, There's a Bur . ma girl a - lit - He — cap was green, An' *er name was Su - pi - ON THE ROAD TO MANDALAY, familiar Oley Speaks song from Kip- ling's "Barrack Room Ballads". {Pub- lished by Theodore Presser.) 16 MOTION PICTURE HERALD November 2, 1935 REDS EXTEND DEMANDS FOR FREE SCREEN AS COLLEGES TAKE UP FIGHT Campuses of Four Universities Echo Student Groups' Protest Against 'Red Salute' While Demanding Screen 'Freedom' The intellectual atmosphere of several college campuses this week was spreading the agitation over "Red Salute," United Art- ists-Reliance picture which is being pro- tested by Red-tinged and outright Red or- ganizations as a satire on Communist ac- tivity in the halls of learning. It also appeared that the Reds ac- cepted the court action in Detroit uphold- ing the censor's ban on "The Youth of Maxinn" as a national Issue and were rally- ing support for the Cinema Guild, whose pernnit to exhibit the Soviet-manufactured film was revoked after objection on the ground of Communistic propaganda was registered by civic and patriotic organiza- tions and religious leaders. The campaign this week against "Red Salute" first moved on to Penn State at State College, Pa., where the management of a local theatre is reported to have can- celled the film on demand of a petition signed by 500 students and 100 faculty mem- bers. A number of students volunteered to picket the theatre. The cancellation forestalled a campaign planned by the Collegian, student news- paper, calling on students to boycott the picture. Handbills at Kansas "U" In Lawrence, Kan., the campus of the University of Kansas was thrown into a state of high excitement when handbills were distributed exhorting the student body to refrain from seeing "Red Salute," sched- uled for the Dickinson theatre. The stu- dents' Peace Action Committee, representing the YMCA and other organizations, previ- ously had conferred with Glen W. Dickin- son, operator of the house, and entered their protests. A private screening later failed to change their disapproval. After the circulars appeared, a delegation again called on Mr. Dickinson. He dis- claimed responsibility for the broadside but, according to a report in the University Daily Kansan, admitted it was a "good pub- licity stunt." The campus newspaper quoted Mr. Dickinson as saying that he had conducted a thorough-going investiga- tion and was convinced the idea was the concoction of some student or some com- petitor. Former Employee Blamed An investigation by the students and the police apparently cleared up the mystery, and Chief of Police Will Johns announced a former employee of the Dickinson circuit had the circulars printed and distributed, and that he would be arrested for passing out handbills without a permit in violation of the city ordinance. The campus groups were considerably disturbed that the handbills had "stolen their COMPULSORY QUOTA LOOMS IN JAPAN Cables received in 'New York over last weekend from Tokyo shed more light on the report current last week that restrictions against foreign pic- tures were on the way in Japan. It was learned that the police board in Tokyo was drawing up regulations making it compulsory for theatres there to show a percentage of Jap- anese-made pictures on each program. thunder" and made it appear as though the liberal students were responsible for them, said the student paper. Mr. Dickinson agreed to run a slide fol- lowing "Red Salute" saying that the organ- izations at the University were in no way to be construed as the ones portrayed in the film. The incident gave rise to much local newspaper comment and some unfavorable reaction among the student leaders. Among those protesting the film was Lyman Field, president of the Men's Stu- dent Council. After the mystery of the cir- culars had been soved, he issued a state- ment saying: "The use of such an under- handed method to promote a show is worse than a cheap publicity stunt. It is a dis- grace to the community and an insult to the intelligence of the university students." Other published expressions were in similar vein. Yale Students Try Boycott Some attempt to organize a boycott against "Red Salute" at Warner's Roger Sherman theatre in New Haven was made by the National Students' League of Yale University. The local branch of the Ameri- can League Against War and Fascism was active on the telephone, urging people not to attend. Despite this activity, business on the picture was excellent, it was reported. "Red Salute" is going begging for a showing in New Orleans because exhibitors in the Louisiana metropolis have been threatened by the Reds. The Young Peo- ples Socialist League and some students at Tulane University are among the groups serving notice that a boycott would be instituted. The American Legion and the Veterans of Foreign Wars have offered to patrol any theatre showing "Red Salute," and it has been suggested that the veterans sponsor the exhibition in the Municipal auditorium. Press Opinion Divided Because of the alleged controversial char- acter of "Red Salute," it has evoked wide comment in the press, including religious publications. While some critics have con- demned the film on the ground that propa- ganda, even if anti-Communist, has no place on the screen, the consensus has been that the picture contains nothing that could offer offense except to Reds and their sym- pathizers. Other commentators believe it Radicals Seek National Issue of the Court's Refusal at Detroit to Enjoin Censor's Ban on "Youth of Maxim" is not very effective satire of campus radicalism. The Christian Century does not approve of "Red Salute." A Hollywood dispatch to the New York Times summarized give West Coast reac- tion as follows : "The Hays group always has frowned upon propaganda films and has kept the screen fairly clear of 'messages.' Therefore, the agitation that greeted 'Red Salute' came somewhat as a surprise to the town. While Hollywood regarded the film as a bit heavy-handed in spots, nothing really wrong was seen in it. . . . Red-bating being a popular occupation. In spite of the picketing, in all probability nothing will come of it within the industry." In New York a spokesman for the Mo- tion Picture Producers and Distributors of America said that no complaints had been received from the public on "Red Salute." It has been the industry's consistent policy to shun propaganda, said this spokesman, and while films of both martial and anti- war themes have been made, they have been entirely devoid of propaganda. Detroit a Battleground The Reds consider Detroit their battle- ground in the fight of the Detroit Cinema Guild to obtain a reversal of the circuit court's decision refusing to enjoin the police censor from banning "The Youth of Max- im" on the ground that it is Communistic propaganda. Nathaniel H. Goldstick, assistant corpor- ation counsel, said: "This film is pure Communistic propaganda, sponsored, fos- tered and encouraged by the Union of Soviet Socialist Republics contrary to the specific agreement between the commissar of foreign affairs of the Soviets and the President of the United States of America," at the time the United States recognized Russia. A strongly worded protest against bar- ring "The Youth of Maxim" was sent to Mayor Frank Couzens of Detroit by na- tional headquarters in New York of the American Civil Liberties Union and its affiliate, the National Council on Freedom from Censorship, both avowedly Red in sympathy. Among those signing the tele- gram were Dr. Harry F. Ward, chairman, and Roger N. Baldwin, director, for the Union. Dr. Ward is also president of the Ameri- can League Ag'ainst War and Fascism, which has been leading the Communist- inspired agitation against such films as "Red Salute," Hearst Metrotone News and "March of Time." While in New York police and court action has quited the agitation, it is break- ing out elsewhere. The Maryland branch of the American League Against War and Fascism is threatening boycott against Loew theatres in Baltimore for showing Hearst Metrotone News. November 2, 1935 MOTION PICTURE HERALD 17 INDUSTRY REGULATION IS NOW UP TO DISTRIBUTOR MPTOA Places Before Com- panies the Alternative of Definite Action on Trade Prac- tices or Invite Federal Control Exhibitors this week arbitrarily placed upon the shoulders of distributors the task of solving the nationally important problem of arriving at a mutually favorable plan for voluntarily controlling, restraining or self- regulating unfair competition and trade practices in the industry. Extending its plea for home rule to adju- dicate disputes, controversies, irritations and friction in motion picture trade relations between theatre owners and exchanges, the Motion Picture Theatre Owners of America placed the problem of preventing any further internal trade injustices up to the large com- panies and advanced one of two courses for them to pursue : 1. Take definite action for the volun- tary self-regulation of unfair competition and trade practices through organized effort, or 2. Stand "pat" and stubbornly defend to the bitter end the present trade prac- tices against any and all attacks in the courts, the legislatures and Congress, thereby definitely inviting and risking thor- oughgoing Governmental control and regu- lation of their commercial operations. That such a fixed policy and attitude as set forth in the second course would provide a fertile filed for scheming lawyers always eager to promote damage suits on behalf of ignorant or unscrupulous clients "is per- fectly obvious" to tht MPTOA, which feels that "there should be somewhere in the busi- ness responsible executives in distribution with enough vision and foresight to see the advantages of fair self-regulation and self- control for our own trade practices." Or, they added, "maybe the distributors just don't give a damn." That distributing corporation manage- ments in November will receive from the MPTOA, after a field survey by President Edward L. Kuykendall, the first tangible plan since the NRA for establishing machin- ery in the field to adjudicate disputes, was learned last week. (Motion Picture Her- ald, October 26th, page 13.) Field Organizations Active And while the national executive staff of the MPTOA was extending efiforts to crys- talize local courts for ruling exhibitor- distributor relations, several state organiza- tions of theatre owners, affiliated either with the MPTOA or with Allied States, were deep in discussions of their own immediate problems. Associated Theatre Owners of Indiana elected R. R. Bair president and A. C. Zaring vice-president, and voted support of the Pettengill Senate bill to control the industry through federal legislation. Wisconsin's Independent Theatres Pro- tective Association elected Andy Gutenberg president and F. J. McWilliams vice-presi- dent, and voted to affiliate with Allied. The MPTO of Connecticut moved to correct a print shortage problem. New Jersey Allied set December 7th as the date for its convention. The Western MPTO convened at Pitts- burgh. MPTO affiliates in California and Wash- ington met to hear Mr. Kuykendall. Nor did the MPTOA stop this week with the furtherance of its move to force the establishment of an industry judicial system for adjusting disputes, sounding, as it did, a "war" call against the growing unfair competition to theatres offered by traveling shows sponsored by national advertisers. At the same time it warned of the inconsistency of the exhibitor who complains the loudest against such outside unfair competition the while that exhibitor stoutly defends his own privilege to engage in unfair competitive practices within the industry. "Free Show" Complaints Pouring In "We have been flooded with complaints from exhibitors of unfair competition in the form of free stage and screen shows spon- sored by advertisers, and all sorts of non- theatrical exhibitions of motion pictures," the MPTOA advised. And, they added, "in several instances a formal protest to the advertiser explaining the damage wrought on the established theatres has brought about a prompt withdrawal or modification of such projects. "However, a number of the complaints seem to be rather fantastic and not based on any genuine grounds for a protest. The free showing of a non-dramatic advertising film in a salesroom to demonstrate the per- formance of a new automobile can hardly be considered unfair competition, just be- cause it involves the use of a projector and film." "Lawsuits between exhibitors and dis- tributors over grievances, both fancied and real, and unfair trade practices are rapidly Increasing all over. "But it is becoming increasingly apparent that the courts are in no position to either administer, regulate or even define trade practices in this business. "During the next six months, or until the legislatures get under way, with no re- straint, control or regulation of unfair com- petition and of abuses in so vast and complex a business, it is possible, if not probable," said the MPTOA, "that unfair trade prac- tices in exhibition and distribution will cre- ate so much friction and irritation that it will result in an overwhelming demand from both within and without the industry for Free Shows Protested; Indiana Associated Exhibitors Indorse Pettengill Bill; Wisconsin Inde- pendents Join Allied States rigid Governmental control, strict and in- flexible regulation by-laws with severe pen- alties for infractions, and expensive political investigations of the industry motivated by ulterior and mixed purposes." In putting the problem up to the distribu- tors, the MPTOA believes that in any plan or plans for the voluntary control, restraint or self-regulation of unfair competition and trade practices in exhibition and distribution, the cooperation of the producers and dis- tributors is absolutely essential. "No plan can succeed in a major way without it," they added. Principal problems of major Importance that require such joint effort were set forth as follows: Overbuying complaints, clearance and zoning, local hearings, con- ciliation and arbitration of disputes, desig- nated playdates, non-theatricals and cut- rate competition, double features and premiums. Compulsory block booking, a simplified, fair and understandable standard exhibition contract, forcing shorts and trailers with features and the score charges were cited by the MPTOA as matters almost entirely up to the distributors for voluntary self- regulation to remove recognized abuses and unfair advantages taken of the smaller ex- hibitors. It was pointed out, however, that no pro- gressive steps to improve trade relations and sales methods, to establish and administer standards of fair competition, have been taken and none is seriously proposed by any distributor at the moment. Therefore, the MPTOA felt the matter now rests squarely with the distributors to decide on their own responsibility which course they will pur- sue. Home Rule Again Demanded Because most of the disputes are local in nature, the MPTOA reiterated its advocacy of home rule in adjudicating these matters, saying: "We firmly believe that specific disputes can only be fairly heard, conciliated and decided at home, that any useful or prac- tical plan for removing abuses and prevent- ing injustices should provide for local hear- ings before boards composed of local people actually engaged in the business." In this connection the organization has concluded that the branch managers of dis- tributors in the field should be vested with more authority to work out local disputes, that they should be allowed to exercise their own judgment, based on personal knowledge of local conditions, in serving on such local boards, that the work of these local joint boards should not be nullified and discred- (Continued on following page) 18 MOTION PICTURE HERALD November 2, 1935 EXHIBITOR UNITS TACKLE PROBLEMS (Continued from preceding page) ited by constant appeals to uninformed ap- peal boards in New York, and that local autonomy and home rule should prevail as far as possible in all matters of unfair com- petition. Mr. Kuykendall is now making an ex- tended trip seeking the advice and counsel of local exhibitors on these trade practice matters and to determine "how it can and should be done." A full meeting of the national directorate of the MPTOA is con- templated after Mr. Kuykendall returns to New York, in November, to discuss defin- ite plans for local arbitration of disputes. The plan decided upon will then be pre- sented to the distributors. Indiana, Wisconsin, Washington Elect Serving with R. R. Bair and A. C. Zar- ing, president and vice-president, respect- ively, of the Associated Theatre Owners of Indiana, will be the following officers who also were elected Monday at the an- nual convention, held at the Claypool ho- tel, Indianapolis: Second vice-president, Oscar Fine; third vice-president, Maurice Rubin ; treasurer, Frank Saunders ; secre- tary, Helen B. Keeler. Mr. Fine will pre- side as vice-president over the southern part of the state, and Mr. Rubin the north- ern. Directors elected at the convention, where Representative Samuel Pettengill held an open discussion on his federal control bill, included: Maurice Rubin, A. C. Zaring, Harry Markun, Charles Metzger, Alex Manta, V. U. Young, R. R. Bair, Roy Harold, Frank Saunders, Oscar Fine, Wil- liam Studebaker, W. F. Easley, H. C. Cal- loway, Billie Connors, S. W. Neall, Leon- ard Sowar, George Mailers, I. R. Holy- cross, H. P. Vonderschmitt, R. R. Sherer. The members voted in favor of the Pet- tingill bill. Wisconsin Joins Allied Following the election of A. C. Gutten- berg, of Milwaukee, as president of the Wisconsin Independent Theatres Protec- tion Association, at the annual convention at the Hotel Plankinton, Milwaukee, the membership voted unanimously to affiliate with the national Allied organization. This action was expected. Elected vice-president was F. J. McWil- liams, while E. F. Maertz was named secre- tary and Ernest Langemack treasurer. Directors elected included : George Fischer, B. K. Fischer, Frank Fischer, Charle? Washicheck, R. J. Patterson, Ross Bald- win, L. F. Thurwacker and F. L. Koppel- berger. The Motion Picture Theatre Owners of Connecticut named a committee to inves- tigate a flood of complaints from members about shortages of release prints and to in- duce exchanges to correct the situation created thereby. It was said that the shor- tage has been particularly acute on second- run prints of RKO's "Top Hat." The adjourned annual convention of Al- lied States of New Jersey, Sidney Samuel- son, president, will be held on the 5'.5'. Queen of Bermuda, December 7th to 11th, FILMS ACCEPTING U. S. INVITATION Motion picture executives and other film interests are following the lead of those in other industries in accept- ing invitations to attend conferences at Washington on matters relating to National Recovery, as recently ex- tended by George L. Berry, coordi- nator for President Roosevelt for industrial cooperation, and will par- ticipate in the meetings if only to protect themselves in the event another effort is made at next win- ter's Congress to revive the NRA. More than 90 per cent of those invited have accepted, it was declared this week by Major Berry. The con- ferences will be held late in November or early in December. While NRA officials at Washington are gratified over the response and declare the conferences are designed to further the adoption of voluntary codes, leaders in a number of indus- tries have made it clear that they are accepting the invitation only in self protection and will come to Washing- ton prepared to fight any effort to revive the codification of industry. Most of the acceptances are coming from small operators who found in the codes an opportunity to secure concessions from their larger com- petitors. Leaders in few industries are desirous of further federal control. as it plies between New York and Hamil- ton, Bermuda. As the Western Pennsylvania MPTO, an Allied affiliate, went into convention at Pittsburgh, word was awaited from na- tional officers in attendance that the na- tional Allied had formulated its previously announced plans for establishment of an independent producing company. However, Abram Myers, Allied chairman of the board, said an announcement of the production plans would be premature at this time. Sidney Samuelson, national president, and M. Myers spoke to 90 exhibitors behind closed doors, urging them to establish their own production unit. The convention elected William David as president ; William Litsie, vice-president ; Fred Herrington, secretary, and Joe Gell- man, treasurer. New directors are M. A. Rosenberg, Bennett Amdur, Frank Pano- polus and William Finkel. Martin Smith, Ohio exhibitor leader, was present at the meeting, at which it was an- nounced that Allied plans to publish a guide lionk in two weeks, to be called "The Allied White Book," containing a report on trade practices. Mayor McNair, of Pittsburgh, welcomed some 52 delegates and told them he favored abolishment of the state theatre tax. M. A. Rosenberg, chairman, cautioned members against signing film contracts be- fore they have been examined and ap- proved by the organization. Kuykendall Meets State Members Mr.- Kuykendall, nearing the end of his tour proposing machinery to correct trade abuses, told 300 exhibitor members of the Independent Theatre Owners of Northern California, meeting in San Francisco, to oppose the Pettengill bill to abolish block booking, and to support the copyright law amendment to check the music seat tax levied on theatres by the American So- ciety of Composers, Authors and Publish- ers. In Seattle, Mr. Kuykendall, addressing the annual convention of the Pacific North- west Allied Amusements Association, ex- plained the return of individualism and) personality to the theatre industry, and lauded the work accomplished under the Production Code Administration. The convention voted against lotteries, discussed regulations regarding protection and bookings, voted to affiliate with the MPTOA and effected a name change to the Motion Picture Theatre Owners of the Northwest. Hugh Bruen was re-elected president; William Ripley was elected vice-president, Al Rosenberg, second vice-president; Mil- ton Kenworthy, third vice-president, and James Hone, secretary and treasurer. New trustees named included: Cecil Miller, John Hamrick, Le Roy Johnson. Delegates attended from Washington, Ore- gon and Idaho, establishing a new at- tendance record. Texas Allied Appeals to U. S. Hitting at monopoly, which was the chief topic of the meeting. Allied Theatre Owners' Association of Texas at San Antonio adopted a resolution asking the United States De- partment of Justice to act under the Sherman anti-trust law wherever infringements are found. Col. H. A. Cole of Dallas was reelected president. Rubin Frels, Victoria ; Henry Hall, Beeville; Martha McSpadden, Electra, and R. N. Smith, Mission, were chosen vice- presidents, and A. W. Lilly, Greenville, sec- retary-treasurer. Elected directors were T. W. Lewis, Will Dorband, L. M. Treet, Paul Scott, F. W. Zimmerman, Tom Donnell, P. V. Williams, L. C. Tidball, Walter Stoppelman, B. Legg, Lynn Smith, Homer Mulkey. Universal Shows Loss In Nine Months Period Universal Pictures Company, Inc., for the first nine months to July 27, reports a loss of $735,756 after all charges includ- ing depreciation of fixed assets which total $301,120 and after giving effect to deduc- tion from costs and expenses of $197,448 on account of excessive provision for royalties and foreign income made prior to the ad- vent of the current fiscal year. I \ A grand story! It's cheery, exuberant, hilarious . . . written by Melville Grossman . . . whipped to a merry froth by Nunnally Johnson's screen play . . . zipped to a frenzy of gayety and song by Roy Del Ruth's electrifying direction. WHATEVER YOU WANT— IT'S GOT Songs! ^. ^ . "TH>^r||CsW^^ A HILt-TOP," "I'VE O' , Tin and Arthur Johnson] AND WHATWS GOT— CROWDS WANT! Alot/on Picture Daily laden with melody, cn The yarn is a darb. A grand engagir^ show with cash entertainment aplenty. Congratula- tions from showmen to Zanucki'" THE GREATEST MUSICAL BOX-OFFICE SMASH THE KEYSTONE OF YOUR FUTURE November 2, 1935 MOTION PICTURE HERALD 27 MPPDA MEMBERS CALL A HALT ON FILMS OF GANGSTERS vs. JOHN LAW G-Man Pictures, While Influ- ence for Law Enforcement, Called So Numerous As to Cause Unhealthful Box Office Production of "G Men" films and others which "portray the activities of American gangsters in violent conflict with the law" has been barred — for the time being, at least — according to an announcement of the Motion Picture Producers' and Distributors' of America setting forth the agreement of the executives of film companies with the Production Code Administration. At the same time it is revealed that Will H. Hays, president of the MPPDA, has been widely commended for his action re- questing producers to avoid as far as possi- ble the use of scenes showing excessive drinking. Civic Leaders Notified These developments are related for the first time, and officially, in the current issue of "The Motion Picture and the Family," a monthly publication of the MPPDA which is sent to a list of 28,000 comprising school teachers, ministers, parent-teacher groups. Better Films Councils and other organiza- tions and individuals. Another development under the Produc- tion Code, that of the recent change in title of "Snatched" to "Show Them No Mercy", was explained in Hollywood this week. It was pointed out that since de- tails of kidnaping have been banned by the Code Administration, the original title no longer was proper as it might have created the erroneous impression of glori- fying kidnapers. Joseph M. Schenck, chair- man of Twentieth Century - Fox, had pro- tested the change in title of the Darryl Zanuck production, but finally acquiesced. The original script, depicting a kidnaping in all its details followed by a theme of the "crime doesn't pay" variety, was held unacceptable be- cause under the interpretation of the Produc- tion Code it had been agreed by the producers not to make films in which kidnaping appears as the main theme. As revamped and approved, the story of "Show Them No Mercy" starts after the actual kidnaping took place. As indicated in the article in "The Motion Picture and the Family," while there has been no feeling that the "G Men" cycle has been harmful and, on the contrary, has been con- sidered constructive in presenting a picture of the Government's war on crime, at the same time films of this type were becoming so numer- ous as to create some resistance on the part of the public and hence an unhealthful condi- tion at the box-office. John Boettiger, special assistant to Mr. Hays, prepared the article, which said that at a meet- ing of the producers in Hollywood Mr. Hays had presented his views on "the current trend of crime pictures." "He declared at the outset,," the article con- tinued, "that the production of pictures based on crime was not to be questioned. He pointed SECONDARY THEME IN "SOAK THE RICH" Though "Soak the Rich", which Ben Hecht and Charles MacArthtir are making for Varamoiint release, in- cludes a kidnaping sequence, it will probably conform to Production Code regulations because the actual com- mission of the crime is not shown and because kidnaping is not the main theme. Negotiations by film companies for the screen rights to "Blind Alley", now running in New York, are be- ing retarded, according to Broadway report, by the necessity of purging the play of objectionable elements. Several treatments are being prepared, and when one is finally approved by the Production Code Administration the negotiations will continue. Mean- while, James K. Ullman, the play's producer, points to the fact that it required three months before "Men in White" was declared suitable for the screen. out that the socalled "G Men" pictures, which reflected the activities of the agents of the Federal Department of Justice in the detection and capture of gang criminals, have had a splendid influence in promoting a public con- sciousness of law enforcement. These pictures, Mr. Hays declared, have been proper and in- teresting entertainment. "Mr. Hays raised a question, however, as to the number of these and similar pictures al- ready released or in course of production and stated his belief that the quantity of such films in proportion to other entertainment had be- come too high, and that he desired to avoid an over-emphasis on the activities of American gangsters in the treatment of crime on the screen. "It was deemed necessary to provide guidance for the members of the Production Code Ad- ministration in handling these pictures and the producers unanimously approved the following paragraph, to be added to the present policy of the Production Code Administration in ap- plying the Production Code : " 'Crime stories are not to be approved when they portray the activities of American gang- sters armed in violent conflict with the law or law enforcing officers.' Started Films Not Included "It was agreed that pictures on which produc- tion had already begun would not be brought within the scope of the action." Among these, it was noted, were: "Confiden- tial" (Mascot) ; "King Solomon of Broadway" (Universal) ; "Rich Men's Daughters," now "She Couldn't Take It" (Columbia) ; "Husk," now "We're Only Human" (Radio) ; "Mary Burns, Fugitive" (Paramount) ; "Three Kids and a Queen" (Universal) ; "It Happened in Hollywood" (Radio) ; "Waterfront Lady" (Mascot) ; "Petrified Forest" (Warner) ; "Whipsaw" (MGM) ; "Killers on Parole" (Universal) ; "Guns" (Paramount) ; "Panic Hays' Request That Producers Avoid Scenes of Excessive Drinking Where Possible Brings Thanks from the Field on the Air" (Columbia) ; "Green Shadow" (Radio) ; "Last Call for Love" (Columbia) ; "The Killer" (MGM) ; "Dr. Socrates" (War- ner) and "Special Agent" (Warner). "Some of the pictures on the above list," continues the article, "do not portray Ameri- can gangsters at all, nor do they show violent conflict with the law ; but since they fall within the classification of crime pictures it was deemed advisable to list them among those to which the new interpretation would not be applied. "Varying stories discussing this action have appeared in the press and other publications and some of these contained interpretations which were misleading and erroneous. It should be made clear that the action taken does not pre- clude the making of pictures dealing with crime or mystery. Crime is recognized as a dramatic theme which shall always properly be reflected in literature and drama. Similarly, there is no disposition to interfere with the making of pic- tures portraying the activities of such historic groups as, for example, the band of Robin Hood. The whole purpose has been to prevent pictures showing American gangsters in violent conflict with the law from becoming dispropor- tionate in number or over-emphasized in treat- ment." Evidence supporting Mr. Hays' assertion that the "G Men" pictures were constructive in their effect was given by no less an authority than J. Edgar Hoover, director of the Federal Bureau of Investigation of the United States Department of Justice. Speaking at the Mar- tin Quigley Anniversary luncheon of the Asso- ciated Motion Picture Advertisers in New York last month, Mr. Hoover paid tribute to the industry for "having created a great public sentiment of law enforcement consciousness" through pictures of that type. (Herald, Octo- ber 5.) On Drinking Scenes Of the stand on scenes of excessixe drinking the article says : "In furtherance of these directions, the mem- bers of the Production Code Administration brought about the elimination from many scripts and finished pictures of scenes in which drinking was unnecessarily emphasized. "In recognition of the degree to which this action succeeded in improving motion pictures, various complimentary letters have been re- ceived by Mr. Hays." Governor Martin L. Davey of the State of Ohio was quoted as saying in a note to Mr. Hays : "The purpose of this brief note is to extend my appreciation for the assistance you have given in eliminating the 'glamorous use of liquor in pictures and the restricting of it to such phases as have to do with the plot.' " Further approval was given in a letter to Mr. Hays from Dr. E. Leslie Bowsher, director of education for the state of Ohio and ex-officio member of the state censor board, who wrote as follows : "Another step in your program towards 'bet- ter movies' has been brought to my attention. May I congratulate you upon the recent posi- tion you have taken to eliminate 'glamorous drinking' as far as possible in the movies? 28 MOTION PICTURE HERALD November 2, 1935 PRESS HAILS PARING OF PARAMOUNT FEES New Day for Security Holders, Say Hearst and Scripps- Howard Newspapers Praise of Federal Judge Alfred C. Coxe in New York for slashing by two-thirds the $3,239,828 bill presented by lawyers and committees in the Paramount receivership case was expressed this week in the daily press, following last Wednesday's decision of Judge Coxe to allow only $1,026,711. The Scripps-Howard newspapers hailed Judge Coxe's paring of the fees as origin- ally claimed by some 53 petitioners, as striking "a blow in favor of those exploited persons who buy securities in great cor- porations, lose most of their money and then see the remnants of it distributed to lawyers and receivers in reorganization proceedings." "If other courts follow the lead of Judge Coxe, a new day has arrived for security holders in bankrupt concerns," said the Hearst newspapers, which called the fees asked for "exorbitant." It was in the following words that Judge Coxe turned on the light of the "new day in this once darkened secret room of fi- nancial profiteering," as the Hearst papers described it : "The receivers, trustees and their at- torneys are court officials and there is no opportunity for what Chief Justice Taft called vicarious generosity in determining what properly may be paid them." Court Explains Stand "There is no warrant under the statute for the granting of allowances for un- necessary services or expenses," continued Judge Coxe. "Committees are essential in cases where there are vast numbers of stock and bondholders, but multiplicity of the same leads to confusion and waste and should not be encouraged." The Paramount claims amounted to 46 per cent of the valuation of the company at the market values for its securities at the time it was placed in bankruptcy. The allowances granted by Judge Coxe for services and expenses in the reorganiza- tion case, contrasted with the claims pre- sented, were listed in Motion Picture Herald on October 26th, page 45. These bills were criticized three weeks ago by the Sabath Congressional committee at hear- ings in New York in the investigation of realty bondholders' reorganizations. Directors Welcome Action Nor was the Paramount board itself silent about the paring of the receivership fees, general satisfaction with the allow- ances made for services performed having been expressed Thursday at a directors' meeting in New York. No appeal from Judge Coxe's orders will be taken by the corporation in an effort to obtain further reduction of any of the al- lovrances made, it was said. There were some vague rumors that a, few of those whose fees either were not allowed or were slashed would appeal. Meanwhile there were indications that no new directors will be elected to the Para- mount board to fill the vacancies created by the recent resignations of Frank A. Vanderlip and William S. Gray, Jr. The resignations reduce the board member- ship to 14, and, although the board is permitted by the company's by-laws to elect directors to fill vacancies, it was pointed out that the original intent of the creditor reorganization groups was to provide Paramount with a "small, but actively working" board. For this reason only 16 directors were elected originally, although the by-laws authorize a board of 18. The two resignations create a situation that is in keeping with this intent of the reorganiza- tion groups ; hence it is expected that the vacancies will remain unfilled, at least until the annual meeting of the company's stock- holders next June. Mr. Gray, who is president of Central Han- over Bank & Trust Co., and was on the Paramount board as a member of the com- pany's bank creditor group, resigned late last week. His action is said to be in line with an original intention of serving on the Para- mount board only temporarily because of the pressure of other business. He was elected for a one-year term which would expire next June. Shares Liquidated It was also reported that Central Hanover, together with other large Paramount bank creditors, have liquidated all or nearly all of the approximately 50,000 shares of new first preferred Paramount stock and the $4,900,000 of new debentures which were issued to them in settlement of the old bank debt and for this reason felt that their representation on the company's board should properly be dimin- ished. Mr. Gray's resignation leaves Charles A. McCulloch and Percy H. Johnston on the board as bank representatives. Neither is expected to resign before the expiration of his term as both have interests in Paramount dating back many years, Mr. McCulloch as a member of the board of Balaban and Katz and Mr. John- ston as an active figure in Paramount financing prior to the company's bankruptcy. It was also said that there is little likeli- hood of Paramount management officials be- ing added to the board despite the existing vacancies in view of a further reorganization intent to keep management representation on the board at a minimum so that the directorate would not be in the position of passing upon their own management activities. Mr. Vanderlip, a representative of holdings of the old Paramount bonds, resigned two weeks ago. His resignation is not regarded as having any relation to that of Mr. Gray. New operating agreements for the A. H. Blanks HoBlitzelle-Interstate and Kunsky- Trendle circuits will be set with the operators by the Paramount theatre department within the week. Earnings of Paramount Pictures Corpora- tion in the third quarter were estimated this week by Dow, Jones' W all Street Journal at about the same as were reported for the second three months of the year when the net was approximately $796,000 after allowing for about $400,000 quarterly interest on the bonds. First quarter net was $1,472,000 after interest. Es- timated nine months earnings after interest thus are apparently in the neighborhood of $3,000,000. Decision Reserved On Fox Theatres Purchase Orde? At the conclusion of hearings in New York Tuesday on an application for an order directing the receiver of Fox Theatres Cor- poration to exercise an option to purchase 50 per cent of the stock of Metropolitan Playhouses, the reorganized Fox Metropoli- tan Company, Federal Judge Martin T. Manton reserved decision while directing at- torneys to file final briefs for or against the order by November 4 and extended the time in which the option may be exercised from November 2 to November 16. The option provides that Fox Theatres may acquire the stock by payment to United Artists Theatre Circuit of $300,000 or may receive $150,000 for waiving its purchase right. Thus a dif- ference of $450,000 in immediate cash assets which would be available to Fox Theatres' creditors through a liquidation is involved. The order is asked by a Fox Theatres stock- holders' committee. Gustavus A. Rogers, chair- man, told the court that the $450,000 difference in cash assets meant only six per cent additional for creditors at this time, as against possible dividends on the Metropolitan stock over a 10- year period if the option were to be exercised. He said that with the $300,000 expenditure creditors of Fox Theatres could be paid 22 cents on the dollar at once and, in addition, they could retain an equity in any dividends which might be declared on the Metropolitan stock during the 10-year period. Mr. Rogers added that exercise of the option to purchase the 50 per cent stock interest for $300,000 must be good business in view of the fact that Joseph M. Schenck (United Artists Theatre Circuit) had found it worth while to pay $425,000 for the other 50 per cent. Exercise of the option was also advocated by other Fox Theatres' creditors representing dis- puted claims of more than $1,000,000. The order was opposed by Halsey, Stuart & Co., Alvin J. Schlosser and creditors represented by Archi- bald Palmer, attorney. Accountants for Skouras Amusement Corp., which operates about 45 houses for Metropolitan Playhouses, testified that net earnings of the circuit from last Jan. 1 to date are approxi- mately $90,000, as compared with a net of $12,- 900 for the first 39 weeks of last year. Ac- countants for Randforce, operators of the re- mainder of Metropolitan's 84 houses, reported a loss of $44,900 for the period from Feb. 1 to Oct. 12, which included the payment of $30,000 for legal fees for receivership proceedings. This compared with a loss of $84,700 for the same period last year. It was also testified that Rand- force had declared a dividend of $300,000 on Sept. 2 out of accumulated earnings since 1933, when the last dividend, amounting to $200,000, was declared. It was explained by Milton C. Weisman, receiver of Fox Theatres, that the Sept. 2 dividend had included $150,000 which was earmarked for retirement of bonds of Met- ropolitan Playhouses. The remaining $150,000 went to the Randforce operators. Weisman told the court that Mr. Schenck has refused to accept any salary as president of Metropolitan Playhouses. He added that under the Fox Metropolitan reorganization plan the combined salaries of all officers of the new com- pany are not to exceed $50,000 annually. Keith-Albee-Orpheum, which has acquired 10 per cent of Mr. Schenck's half interest in Metro- politan, receives another 10 per cent in the event Fox Theatres does not exercise its option. This would give Mr. Schenck an 80 per cent interest in the new company. St. Louis! --j^^^ y / Baltimore! EYES^ ST. LOUIS AND BALTIMORE ! WATCH THOSE TWIN WORLD PREMIERES OF M-G-M $1,000,000 COMEDY SENSATION! Friday, November 1st, is an important day in the history of film business. On that day M^G^M launches ^'A NIGHT AT THE OPERA" in two pre-release engagements! The roars of Leo are bellowing lustily in those cities right now in triumphant showmanship — and those ROARS will soon echo throughout the nation! Watch! But dorCt wait! Here's what M-G-M showmen are doing meanwhile — (Yes, go on!) PROMISE YOURSELF: "Starting right now I will do the best job of my showmanship career to promote 'A NIGHT AT THE OPERA' starring the Marx Brothers!'' AND M-G-M PROMISES YOU: "A NIGHT AT THE OPERA' is one of the greatest entertainments ever made and its box- office possibilities are unlimited!" HERE'S HOW TO INCREASE RECEIPTS ON BILL POWELL'S RENDEZVOUS ! Put a panel into your lohhy at once carrying the marvelous critical notices reprinted helow about M-Q-M^s newest hit Use a flash headline stating: ^^Here^s the picture that Broadway is raving ahouU Held over 2nd week at New York^s famed Capitol Theatre/^ Then follow with reviews. DAILY NEWS— A sure hit . . ."Rendezvous" offers the other theatres on the street con- siderable competition. For Mr. Powell does the unexpected by repeating the hilarious performance he gave in "The Thin Man" with another characterization just as amusing in "Rendezvous". . . Anybody who deliberately misses the fun and excitement of the latest Powell film is cheating himself of a good time . . . Mr. Powell is in top-form, deliv- ering the smart and audacious lines with even more than his usual effectiveness . . . Miss Russell gives a diverting performance. The picture moves quickly and brilliantly _ to a highly amusing and fitting end ... N.Y. AMERICAN^ A perfect pip of a picture, vastly pleasing in every respect... A thor- oughly exciting melodramatic entertainment, the tensity of which is lightened by highly- diverting comedy ... It keeps the audience between giggles and gasps from flash to fade-out, with never an arid moment in the fast fun... That sort of thing goes on and on to the very end, where a blood-tingling, hirsute elevating climax is capped by a tag that sends them out laughing . . . See it, please, and have fun . . . Also be among the millions who will revel in the "discovery" of Rosalind Russell, who vaults high toward stardom ... The girl troupes her way right into your heart and provides another name to be enrolled on the list of your film favorites.. .By all means keep this "Rendezvous" at the Capitol . . . (Reviews continued on next page) Held Over 2nd W I, N. Y. BIG Everywhere! (Reviews on M-G-M's "RENDEZVOUS*' continued) WORLD-TELEGRAM— It's a laugh-fest at the Capitol this week where debonair Bill Powell has in "Rendezvous" the kind of screen play that's duck-soup for him and in Rosalind Russell, a newcomer, the kind of leading lady who brings out the devil in him ... A joyous jamboree... the customers spent most of their time laughing ... they just love to laugh and thrill with Bill . . . the applause is plenty . . . MORNING TELEGRAPH— It is a distinct pleasure to record the appearance of a worthy successor to the memorable "Thin Man". . ."Rendezvous" must be set down as one of the better photoplays. This highly agreeable picture is amply supplied with high comedy and ably acted. HERALD-TRIBUNE — Gayly and entertainingly told . . .The work of Mr. Powell and Miss Russell is engaging . . . Mr. Powell is excellent, Miss Russell is one of the great pleasures of the film ... A lot of fun ... DAILY MIRROR — A smart and lively comedy-drama, reminiscent of the "The Thin Man." A gay cast, gay humor, gay director, it makes heartily pleasant entertainment... William Powell excels at being suave, jaunty and engaging . . . Excellent supporting cast . . . N.Y. TIMES A humorous and rousing melodrama . . . William Powell with that sleek banter and that blend of bored nonchalance and razored sharpness that makes him one of our most attractive performers, keeps the entertainment consistently vigorous . . . Under the able management of William K. Howard, the film preserves its sense of humor without disturbing its air of mystery . . . With Mr. Powell at his debonair best, "Rendezvous" emerges as a lively and amusing melodrama... N. Y. JOURNAL — A gay and amusing entertainment . . . Powell has been given another "Thin Man" type of role . . . Smartly written and directed, the story builds to an excit- ing climax . . . Novel and lively, the film blends suspense with humor and Powell con- tributes an elegant performance. It's good fun! N. Y. POST . . . A boisterously entertaining picture that is both spirited and amusing . . . The flavor and dash of the picture are heightened by the excellent playing of the supporting cast. They help to make "Rendezvous" a sure-fire antidote to boredom . . . BRAVO! LET'S GIVE DUE CREDIT TO THE FOLKS WHO MADE IT! Cheers for Bill Powell, Rosalind Russell, Binnie Barnes, Lionel Atwill, Cesar Romero, Samuel S. Hinds, and all the Cast. Cheers for Director William K» Howard and Producer Lawrence Weingarten. (And a bow to Leo the Lion who^s having the year of his career, thank you!) November 2, 1935 MOTION PICTURE HERALD 33 At the Testimonial Dinner to Hal Roach's new Vice-President INDUSTRY HONORS DAVID LOEW OVER 500 of his friends and well- wishers, in the industry and out, met Tuesday night at the Waldorf- Astoria, in New York, to attend the testimonial dinner honoring David L. Loew, retiring vice-president of Loew's, Inc. As previously announced, Mr. Loew has af- filiated with Hal Roach as partner and vice- president of the Hal Roach producing or- ganization. The assemblage included representation from the top executive ranks of almost every film company. Also present were many lead- ing circuits and independent theatremen. Wires and cables were received from studio and other film names unable to attend. Arthur Garfield Hays acted as toastmas- ter, first introducing twin-brother Arthur Loew, who detailed incidents of the early life of the guest of honor and his first theatre job as usher at Loew's West End theatre in New York. Howard Deitz, MGM advertising execu- tive, spoke humorously on what Mr. Loew could expect to find at the studios, and was followed by Adolph Zukor, life-long friend of the Loew family. Mr. Zukor com- mented on the earlier days of the Loew- Zukor association and predicted an immedi- ate success for the new Hal Roach partner. Will H. Hays also recited incidents in his experiences with the late Marcus Loew and with Mr. Zukor, and announced that when some day he would write the history of the motion picture business, those names "would be written high into it." He also compli- mented the honor guest. One of the highlights of the evening was the unexpected talk of David Warfield, world-known stage star of the past decade. Mr. Warfield told of his first meeting with Marcus Loew, then known as "Max," and how through Mr. Loew he had met Mr. Zukor, a meeting which eventuated in a partnership of the three to open one of the first penny arcades, the foundation of their motion picture fortunes. Mr. Warfield further described the en- trance into the business of Dave Bernstein, treasurer of Loew's, Inc., as a $13.50 book- keeper, and also the addition to the payroll of Joseph and Nicholas Schenck, as helpers. He remarked on the childhood days of the Loew twins by saying that "Arthur and David were two of the noisiest kids I have ever known. ... I often wondered if they would have any sense when they grew up. Now look at them." Mr. Loew in his address credited the "in- ONLY TWO STUNT FLIERS REMAIN IN HOLLYWOOD Soon after the World War, a dare- devil group of stunt flyers arrived in Hollywood and found they could make a living flying for pictures. They decided to remain and formed an organization called "Thirteen Fly- ing Black Cats." There were thirty members of the organization but the "13" was picked in the name to defy superstition. Recently, Warner Brothers sent out a call for stunt flyers for "Ceiling Zero" and only two of the original Black Cats reported. They are Paul Mantz and Frankie Tomick. They are the only two of the surviving nine of the original group who still make their living flying for the pic- ture companies. With one or two exceptions the rest of the crew took their last flight in front of a movie camera only to crack up while sup- plying thrills for the screen. fluence of his father and mother to make something of life after the advantages that were given me," and further thanked Nicho- las Schenck for assistance and advice dur- ing the 19 years of their association. Louis Nizer and Hal Roach also spoke. The presentation to Mr. Loew of a parch- ment upon which were inscribed the names of all those present climaxed the evening's program. Dave Blum, who with Eugene Picker ar- ranged the event, introduced Mr. Hays, the toastmaster, and others on the dais. In ad- dition to those mentioned these included Na- than Burkan, J. Robert Rubin, Martin Quig- ley, M. H. Aylesworth and Jack Cohn. Comedy highlight of the evening was the speech of J. Hamilton Webster, introduced as a New York bank president. Topping the turn was introduction of two uniformed attendants who forcibly removed the "banker" from the dais at the end of his act. Independent Session Called by Chadwick I. E. Chadwick called a special meeting of all independent producers Tuesday at Re- liable Studios, in Hollywood. Mr. Chadwick said the purpose was for a discussion of city licenses and to outline plans to request a revision in license fees as set up by the city council. It was learned, however, the group will also discuss ways to combat future union trouble among independent producers. The discussion is an offshoot of the recent jurisdictional dispute of the International Al- liance of Theatrical Stage Employees and the International Brotherhood of Electrical Workers which cost Maury Cohen of In- vincible $4,000 as a result of an enforced one-day production halt. Although Mr. Chadwick denied the meeting was called for a union discussion it was learned union rep- resentatives will attend. 34 MOTION PICTURE HERALD November 2, 1935 WARNERS READJUST STOCK, SETTLE MINORITY SUIT, DISCLOSE PROFIT Six Directors To Be Reelected at December 9th Session; 100,000 Common Shares Transferred to Corporation The position of Warner Brothers Pic- tures, Inc., as a profit maker is looking up, to the extent of at least $2,500,000, the corporation this week disclosing to stock- holders that operations during 1934-35 were conducted "in the black," as against a net loss of $2,530,513 for 1933-34. Complete information necessary for final determination of accounts to deter- mine the exact amount of 1934-35 profits is not yet available, but for the 39 weeks ended May 25th, 1935, net profit was $371,592 or two cents a common share, running not far below the $558,836 net for the similar 1934 period. This disclosure was made in connection with announcement of the settlement of a suit brought by a minority stockholder and the transfer of 100,000 common shares (worth approximately $750,000) of War- ner Brothers Pictures to the corporation by Harry M. Warner, president; Albert War- ner, vice-president and treasurer, and Jack L. Warner, vice-president, together with their own Renraw, Inc., holding company. Stockholders at the annual meeting on December 9th will be asked to approve the action of the board of directors in negotiat- ing the settlement of the minority stock- holder's action against Renraw and the Warner brothers, charging mismanagement since 1929 and alleging liabilities due the corporation arising out of an employment contract between the corporation and the brothers. Preferred stockholders, who now have power to elect a majority of the board, will reelect at the stockholders' meeting six directors whose terms expire, including Harry M., Albert and Jack L. Warner. Abel Cary Thomas, Waddill Catchings and Henry A. Rudkin. Of the 100,000 shares transferred, 90.- 000 shares had been delivered to the broth- ers and their Renraw, under the employ- ment contract as signed on September 1, 1928, in which year the 90,000 shares had a maximum open market value of some $12,420,000. The settlement as negotiated provides : 1. That the three Warner Brothers and Renraw deliver the 100,000 common shares to the corporation; 2. That the brothers and Renraw re- lease the corporation from all claims based upon or related to the employment con- tract, including all claims against the cor- poration because of non-payment of part of cash compensation payable to them under the contract; 3. That the corporation release the Warner brothers and Renraw from all claims relating to the contract; and, 4. That the Warner brothers and Ren- raw pay the costs of the minority stock- holder's suit, as instituted by Max Gold- berg, of the Salem, Mass. law firm of Goldberg and Goldberg. Under the employment agreement, the Warner brothers rendered service to the corporation for the six years ended August 31, 1934. The contract was modified sub- sequent to its signing. Letter to Stockholders Explaining the situation to the stock- holders and notifying them of the meeting on December 9th, Warner Brothers Pic- tures said in a letter : "At this meeting six directors, constittuing a majority of the board of directors, are to be elected by the preferred stockholders. Pursuant to the provisions of the Certificate of Incor- poration, the voting power for the election of a majority of the board of directors is at pres- ent vested in the preferred stock. The directors whose terms of office now expire, are : Harry M. Warner, Albert Warner, Jack L. Warner, Abel Cary Thomas, Waddill Catchings and Henry A. Rudkin. "The board of directors will also ask you to approve their action in compromising and settling all controversies between the Corpora- tion on the one hand, and Renraw, Inc., Harry M. Warner, Albert Warner and Jack L. War- ner on the other, arising out of or relating to an agreement between the parties dated as of September 1, 1928, and its amendments and modifications (hereinafter referred to as "the employment contract"). Employment Contract Provisions "The employment contract, under which the Messrs. Warner have performed their services for the period of six years, provided, among other thngs, for a weekly cash salary, and for the issuance of 90,000 shares of the Corpora- tion's common stock which was delivered in in- stalments during the term of the contract. The Corporation, in June, 1929, split each share of its common stock into two shares. "Minority stockholders' suits had been insti- tuted for the alleged benefit of the Corporation, against Messrs. Warner and Renraw, Inc., and several of the directors, in which suits, among other things, certain legal questions were raised and liabilities asserted by reason of the making and performance of the employment contract. "The board of directors, believing that the continuance of a controversy between the Cor- poration and the Messrs. Warner, its principal officers, arising out of the employment contract was detrimental to the best interests of the Corporation, sought the advice of the law firm of Davis, Polk, Wardwell, Gardiner and Reed, of New York City, which law firm had never previously represented or advised the Corpora- tion of Messrs. Warner or Renraw, Inc. This law firm after full consideration of all the facts submitted to them, recommended that the Cor- poration, if possible, negotiate a settlement of all claims arising out of the employment contract. Upon receipt of this recommendation and after due consideration, the board of directors author- ized Messrs. Davis, Polk, Wardwell, Gardner and Reed to negotiate the settlement advised by them. "The Messrs. Warner and Renraw, Inc., at all times have steadfastly denied any liability on their part. However, they also recognized the desirability of reaching an accord with the Corporation in respect to the controversies arising out of the employment contract and therefore consented to negotiate a compromise and settlement thereof. . . ." Rockefeller Claim Stirs RKO Action Negotiation of a settlement of Rockfeller Center's claim of $8,700,000 has been started by factors prominent in the reorganization of RKO, and will be heard November 18th. The huge Rockefeller Center claim arises out of RKO's liability under leases for the Music Hall and Center Theatre, which held RKO liable for the unamortized cost of the theatres in the event of a default under the lease. Although allowance of the claim at $8,700,000 is being contested by Irving Trust Company, as trustee of RKO, factors in the reorganization are reported not hope- ful of obtaining any appreciable reduction in the amount. With a valuation of $14,644,614 placed by Radio Corporation of America on its in- vestment in RKO, and with half this amount disposed of recently for $5,000,000 to Atlas Corporation and Lehman Brothers, the Rockefeller Center claim became the largest single creditor interest in the RKO reorganization. Current negotiations are understood to be directed, first, at obtaining a reduction of the amount allowed and, second, an agree- ment on the issuance of securities of the new RKO company in satisfying the claim. Indications are that both stock and debentures of the new company will be offered in payment, probably in amounts sufficient to assure Rockefeller Center of at least two representatives on the board of the new company. The RCA and Atlas Lehman securities will be exchanged for securities of the new company on a basis similar to whatever the agreement reached with Rockefeller Center provides for, it is believed. These three, with the approximately $1,400,000 of first lien gold notes of RKO owned by Consolidated Film Industries, Inc., comprise the principal obligations of RKO. The new RKO company will as- sume liability for the notes held by Con- solidated at face value. It is believed that the existing agreement providing for the retirement of a minimum amount of these notes monthly will be continued. The notes are secured by virtually all the assets of RKO and its principal subsidiaries. A hearing on exceptions to Special Master Thomas D. Thacher's report on $7,800,000 in claims is to be held in New York Thurs- day before Federal Judge Bondy. Exhibitor Named to Canada Parliament Out of the whirl of the Canadian federal elections in which more than 800 candidates competed for the 245 seats in the House of Commons, one result emerged with general satisfaction to theatre men. This was the election of H. E. Wilton, manager of the Strand, Hamilton, Ont., and mayor, as a member of Parliament for Hamilton West. DAVID COPPERFIELD THE LIVES of a BENGAL LANCER SMILIN' THRU RUGGLES of RED GAP BARRETTS of WIMPOLE STREET MRS. WIGGS TREASURE ISLAND LITTLE WOMEN Paramount Writes Another Chapter PETER IBB John Haliiday • Douglass Dumbrille • A Paramount Picture Picture History! , ■■ n HARD I n G Believing that with right casting, direc- tion and production, Du Maurier's great romance,"Peter Ibbetson," could be made one of the entertainment triumphs of all time, Paramount chose two beloved stars — Gary Cooper and Ann Harding — to play the leading roles in this glorious story of a love that never died. The result justifies our every hope. We have not only a fine box-office picture, but a pic- ture that will long be remembered as an important advance in motion picture art. Directed by Henry Hathaway UIHY "PETER IBBETSOn" IS BOX-OFFIIE! {1} Gary Cooper at the top of his fame, with Ann Harding, whose performance establishes her as a star of stars. {2} Direaed by Henry Hathaway and produced by Louis D. Lighton, who gave you outstanding entertainment with Gary Cooper in "Lives of a Bengal Lancer" and "Now and Forever." They know what the public likes in pictures. {5} Story will live forever as one of the great romances of all time. Is of particular appeal to women because it possesses in added degree, the same fine qualities that made "Smilin' Thru" a favorite. (4} Pre-sold to women's clubs. To date thousands of Group Discussion Guides have been sent to these clubs in response to more than 6000 requests from all the forty-eight states. Each request rep- resents a club, not an individual. {b} Hundreds of thousands of women actually waiting to see "Peter Ibbetson." This extraordinary interest can be trans- lated into excellent business by any theatre that goes after the local women's clubs. * * *A11 in all, "Peter Ibbetson" can be summarized as a picture that will re- pay showmanship effort. The theatre that does a good job of selling it in advance will not have to worry about the gross. November 2, 1935 MOTION PICTURE HERALD 39 PURCHASE OF 91 STORIES FOR 1935- 1936 NEARS AN ALL-TIME RECORD Only Nine Fewer Than the High Mark of April; Attrib- uted to Openings of Play and Book Publishing Seasons September story purchases by Hollywood producers neared the all-time record, 18 companies buying 91 properties, only nine less than the record of 100, established last April. These acquisitions virtually round out completely feature commitments to exhibi- tors on 1935-1936 contracts. The unusually heavy story-buying activity last month, quite pronounced in comparison to the average of 56 purchased monthly in 1934-35, is principally attributable to the flood of outstanding material introduced at the opening of the new season a few weeks ago on the dramatic stage and in book pub- lishing. That many of these outstanding manuscripts were quickly absorbed by the studios for film production to further strengthen 1935-36 feature schedules be- comes obvious in a study of the purchases made. Probably the most outstanding deal, nu- merically, at least, was consummated by the independent producer, Harry Sherman, who negotiated talker rights to some 25 Clarence Mulford stories, six of which will be released through Paramount this season. Other pro- ducers participated in the story market in September as follows : u c c to 0) !? 10 o o 5- Sept. Purchasers o o CO a. Totals BIystone, John 1 3 6 Columbia 3 4 Conn Prod 1 Duffy, Henry i 1 G-B 1 Invincible 3 i 2 6 1 1 MGM 4 4 8 London Films (U.A.) 1 1 Paramount 4 2 1 7 Pickford {U.A.) .... 1 1 1 1 4 4 1 9 Sherman, Harry .... 25 25 20th Cenfury-Fox. . . . 5 3 8 2 2 5 1 1 1 8 September Totals. . . . 34 4 49 4 91 For the first time in years, published books exceed original stories in the number purchased, the 49 September novels acquired, as against 34 originals, comparing with a 3-to-2 ratio for the past 12 months in favor of the original. The stage continued, along with the magazine, as unimportant sources of supply for the screen. Nor would the published book have outstripped the original in September from the standpoint of the number acquired if Harry Sherman's 25-novel purchase of the Mulford stories had not rocketed that total beyond the usual month- ly average of 20 book purchases. Story deals consummated in September compared with other months as follows : Month \J riginals D _ _ L_ DOOKS Dl a..*. rlays 1 Ota September, 1934. . . 28 40 7 75 25 20 6 51 39 17 8 64 19 19 6 44 26 14 7 47 21 17 3 41 28 15 5 48 April 43 44 13 100 23 19 9 51 24 19 7 50 July 41 12 10 63 2! 7 4 32 34 53* 4 9! Totals for 13 Months 372 296* 89 757 (*) Including 4 published magazine stories. September purchases, together with authors' names and the production credits available follow : Adventures of Jimmy Allen, radio serial, purchased by Paramount, for Jimmy Allen and "Speed" Robertson, with Byron Morgan and Arthur Beck assigned to adaptation. An American in Paris, original, by Charles S. Belden, purchased by Paramount, for Bing Crosby, to be produced by Benjamin Glazer. Anchor Man, book, by Fanny Heaslip Lea, purchased by MGM. Angel of Mercy, original, suggested by an essay of Lytton Strachey's, purchased by Warners, as a possible vehicle for Josephine Hutchinson. August Weekend, magazine story, by Faith Baldwin, also published in book form, pur- chased by Chesterfield. Autumn, play, by Margaret Kennedy, pur- chased by Henry Duffy. Before the Facts, book, by Francis lies, pur- chased by Radio. Below the Deadline, original, by Hervey Adams, purchased by Chesterfield. Brave Ne\v World, book, by Aldous Huxley, purchased by Radio. Bridge of Sighs, original, by Robert Ellis and Horace Mansfield, purchased by Invincible. Brilliant Marriage, magazine story, by Ursula Parrott, purchased by Invincible. Buffalo Bill, original biography, by Courtney Riley Cooper, purchased by Paramount, for production by Cecil B. DeMille, who assigned Grover Jones to adapt. Captains Courageous, book, by Rudyard Kip- ling, purchased by MGM, for Freddie Bartholomew, with production assigned to Louis D. Lighton. Death Rides Double, original, by Herbert Asbrook, purchased by Invincible. Don't Bet on Love, original, by Kenneth Earle, purchased by Radio, for Gene Ray- mond. Encore, original, by Oliver H. P. Garrett and Billy Wilder, purchased by Pioneer. Four Gallant Men, book, by Aidan Roark, purchased by 20th Century-Fox, for produc- tion by Sol M. Wurtzel. Fregoli, book, by Geza Berezeg, purchased by London Film (United Artists), for Charles Laughton. Garden Murder Case, book, by S. S. Van Dine, purchased by MGM, for production by Ned Marin and Lucien Hubbard, with di- rection by Edwin L. Marin, and adaptation by Bertram Millhauser. Getaway, original, by Florence Ryerson and Edgar Allen Woolf, purchased by MGM, for Jackie Cooper, Joseph Calleia, Lewis Stone, Dudley Digges and Jean Hersholt, with pro- Harry Shernnan, Independent Producer, Negotiates Rights to 25 Clarence Mulford Stories, Outdoor Subjects duction by Harry Rapf and direction by Chester Franklin. Glorious, original, by Rida Johnson Young, purchased by Warners, for Marion Davies, with adaptation assigned to Casey Robinson. God's Country and the Woman, book, by James Oliver Curwood, purchased by Warners, for Bette Davis and George Brent. Goodbye to Yesterday, original, by Lewis Ransom Foster, purchased by Radio, for Gene Raymond. Here Comes Trouble, original, by J. Robert Bren and Norman Houston, purchased by 20th Century-Fox, which assigned produc- tion to Sol M. Wurtzel. Hidden Alibi, original, by Horace Mansfield, purchased by Invincible. In the Legion, original, by Jerry Wald and Julius Epstein, purchased by Warners, for Joe E. Brown. Ivanhoe, book, by Sir Walter Scott, purchased by Radio from Darryl Zanuck, with story treatment by Rowland V. Lee. Job, book, by Joseph Roth, purchased by 20th Century-Fox, for treatment by Kenneth McGowan and adaptation by Sam Engle. Kitchen Privileges, book, by Ann Jordan, purchased by Universal, as a possible vehicle for Jane Wyatt. Legion of Dishonor, original, by Ivan Lebe- deff, purchased by Rudolph Mate. Little Red Schoolhouse, book, by Robert Ellis, purchased by Chesterfield. Lone Wolf Returns, book, by Louis Joseph Vance, purchased by Columbia. Love On A Bet, original, by Kenneth Earl, purchased by Radio, for Gene Raymond, to be supervised by Lee Marcus and directed by Leigh Jason. Lucky Baldwin, book, by C. B. Glasscock, purchased by Universal, for Edward Arnold. Mind of Mr. Reeder, book (collection of stories), by Edgar Wallace, purchased by Gaumont-British, for George Arliss. Mob Rule, original, by Norman Krasna, pur- chased by MGM, for Spencer Tracy, with production assigned to Joseph Mankiewicz and direction to Fritz Lang. Mother of the World, original, by Helen Mackage Forbes, purchased by Chesterfield. Mulford Stories; Harry Sherman acquired the rights to all of the Clarence E. Mulford stories, numbering some 25 outdoor romances and "Hop-Along Cassidy" writings, his com- plete output, to serve as a series of westerns featuring William Boyd and Jimmy Ellison, six being scheduled for 1935-36 release through Paramount "Hop-Along Cassidy," "The Eagle's Brood," "Bar 20 Rides Again," "Hop-Along Cassidy's Protege," "Mes.quite Jenkins" and "The Man from Bar 20." NiG ht W^ire, original, by Barry Shipman, pur- chased by Columbia. Phantom Clue, original, by Monte Brand, purchased by Chesterfield. Public Enemy's Wife, original, by P. J. Wolfson, purchased by Warners, as a pos- sible vehicle for Bette Davis. Puzzle of the Briar Pipe, book, by Stewart Palmer, purchased by Radio, for James Gleason and Helen Broderick. Ready, Willing and Able, magazine story, by Richard Macauley, purchased by Warners. (Continued on following page) 40 Story Purchases of a Month Near All' Time Record {Continued- from preceding page) Recreation Car, magazine story, by Clarence Budington Kelland, purchased by Para- mount, which assigned production to Arthur Hornblow, Jr., for release under the title "Florida Special." Rhythm of the Range, original, by Marvin J. Hauser, purchased by Paramount, as a pos- sible vehicle for Bing Crosby and Jack Oakie, with Waldemar Young and Harlan Ware assigned to write the script. Ring Ajround the Moon, book, by Vere Hobart, purchased by Chesterfield. Singing Kid, original by Robert Lord, pur- chased by Warners, for Al Jolson, with di- rection by Lloyd Bacon and screen play by Warren Duff. Slight Case of Murder, play, by Damon Runyon and Irving Caesar, purchased by Warners. Sliver in God's Eye, play, by Mildred Knopf, purchased by Radio. Tango, book, by Vida Hurst, purchased by Invincible. Thorndyke Grown, book, by Melton Pontes, purchased by John G. Bly stone. Three Godfathers, original, by Peter B. Kyne, purchased by MGM, which assigned production to Joseph Mankiewicz and the scxipt to. Ted Paramore and Manny Seff. Three Kisses, original, by Ivan Lebedeff, pur- chased by Mary Pickford (United Artists). Trail of the Lonesome Pine, play and book, by John Fox, Jr., purchased by Paramount, for production, in Technicolor, by Walter Wanger, direction bv Henry Hathaway, and script by Harvey Thew. Under the Lilacs, book, by Louisa M. Alcott, purchased by Invincible. Untitled original musical, by Jack MacGowan and Sid Silvers, purchased by MGM, for Clifton Webb, Jessie Mathews and Robert Montgomery. Untitled original, by Damon Runyon, pur- chased by 20th Century-Fox. Untitled original, by Damon Runyon, pur- chased by 20th Century-Fox. Untitled original, by Damon Runyon, pur- chased by 20th Century-Fox. Untitled original, by Stephen Vincent Benet, purchased by Paramount. Untitled "Lone Wolf" novel, by Louis Joseph Vance, purchased by Columbia. Untitled "Lone Wolf" novel, by Louis Joseph Vance, purchased by Columbia. Valley of Wanted Men, book, by Peter B. Kyne, purchased by Conn Productions, for Roy Mason and Frankie Darro, with Alan James directing. Voice of Bugle Ann, book, by MacKinlay Kentor, purchased by MGM. Volcano, original, by Adele Buffington, pur- chas_ed by Radio, vvhich assigned John E. Burch to supervise. White Fang, book, by Jack London, pur- chased by 20th Century-Fox. Wooden Crosses, original, purchased by 20th Century-Fox, which assigned production to Nunnally Johnson and adaptation to Joe! Sayre. St. Louis Stock Withdrawn The St. Louis Amusement Company Class A stock has been withdrawn from the St. Louis Stock Exchange after official approval of the action was received from the Secur- ities and Exchange Commission at the re- quest of the company. There are 21,245 shares of this stock outstanding. The last deal was in 1930. MOTION PICTURE HERALD Court Rules Picture Cannot Be Impounded Upholding a lower court decision that no court has the right to impound a film in a legal action unless the plaintiff posts a bond adequate to repay the defendant in event of a decision in the latter's favor, the United States circuit court of appeals in San Fran- cisco has directed the release of the im- pounded Warner picture, "Across the Paci- fic," an old silent picture starring Monte Blue. The film was the object of a million- dollar damage suit brought by M. P. Eche- varia of Los Angeles, who claimed it was a plagiarized version of his "Milias Filias." The case has been remanded to the lower court to be tried on its merits, which, it was explained, does not prevent the release of the picture. "Revival" Votes Show Surprising Results The vote in a contest being sponsored by the Empress thea,tre in Oklahoma City, Okla., to determine what picture to show during "revival week," has brought out many unexpected turns. With several thousand ballots already turned in, the William Powell-Myrna Loy comedy mystery, "The Thin Man," and "Cimarron" are leading. Among other pic- tures getting heavy votes are "Little Caesar," "Smiling Thru," and "Dr Jekyll and Mr. Hyde." Forbids Sunday Showings The City Council of Burlington, N. C, at a special meeting last week revoked an ordinance permitting the operation of mo- tion picture theatres on Sunday. The min- isterial association of the town has waged such a relentless fight against the ordinance that Alderman Hobby remarked: "If I were running a show of my own on Sunday I would close it in the face of such oppo- sition." Van Beuren Signs Cartoons The Van Beuren Corporation has closed a deal with Fontaine Fox, creator of the "Toonerville Trolley" cartoon script, and with the estate of Pat Sullivan, originator of "Felix the Cat," for the right to include these comic strips now appearing in news- papers in the Van Beuren cartoon series. The pictures will be done in Technicolor and will be released in the "Rainbow Parade" group by RKO Radio. Richmond Promoted Lou Richmond has been appointed field manager of the independent theatre circuit in New England headed by E. M. Loew. Mr. Richmond, formerly the manager of the Na- tional in Boston for the unaffiliated chain, fills the vacancy left by the death of Al Cohen, who was killed in an automobile acci- dent last fall. Paramount Retains Florey Paramount has signed director Robert Florey to a new long term contract and his next assignment will be "Rich Man's Son," from an original story by Anne Mor- rison Chapin and Marian Spitzer. Mr. Florey recently directed Carl Brisson in "Ship Cafe." November 2, 1935 20th Century-Fox Nets $1,996,324 In 39 JV ^£k Period Twentieth Century-Fox Film Corporation on Wednesday reported for the 39 weeks ended Sept. 28, 1935, a consolidated net op- erating profit of $1,996,324 after all charges, including federal income tax. This is $490,- 111 more profit than the $1,506,213 net for the same period of 1934. In the third quarter, ended Sept. 28, 1935, the profit was $640,543, or more than double the $306,971 profit for the third quarter last year. The profit for the second quarter of 1935 was $738,974, and for the first quarter $616,806. On the basis of the 1,369,042 shares of $1.50 dividend cumulative convertible pre- ferred stock outstanding, the profit for the three quarters of 1935 amounts to $1.46 a share. Dividends on this preferred are cumulative from Jan. 1, 1936. After allow- ing for preferred dividends for nine months the net profits were 38 cents a share on the 1,226,529 shares of common stock outstand- ing. Consolidated earned surplus at Dec. 29, 1934, was $3,006,812; after adding the net operating profit for the nine months of 1935 and profits of foreign exchange, amounting to $9,760, and deducting $335,987 of reor- ganization expenses, the consolidated earned surplus of Sept. 28, 1935, stood at $4,676,820. Gross income from sales in the nine months totaled $30,402,159. Charged against this were operating and administration ex- penses, $7,810,308; amoritzation of produc- tion costs, $15,758,254, and participation in film rentals, $4,897,364, for a total of $28,465,926. New Garnett Unit Launches Three With the appointment of Douglas Hodges as general manager, the newly in- corporated Tay Garnett Production Corn- pany has begun preparation of stories in Hollywood for its first three pictures: "Singapore Bound," "Jimaneve" and "Man Laughs Back." Adds Color Cartoons J. H. Hof¥berg Company, Inc., has added a series of color cartoons produced by C. L. Whitehead and George Orth to the 1935-36 product. Seven subjects have been com- pleted. Magna color, controlled by Consoli- dated Film Industries, is being used. Theatre Ordinance for Alameda The City Council of Alameda, Cal., has adopted an ordinance under which the city proposes to regulate motion picture theatres, and at the same time amended the zoning ordinance giving the council power to pre- vent the erection of additional theatres. London Studio Swept by Fire A fire at the Twickenham studio. London, destroyed the old floor, the wall of which collapsed on a railway, causing suburban service to be delayed for several hours. November 2, 1935 MOTION PICTURE HERALD 41 REMOVAL OF STARS TO AVOID HEAVY TAXES FREELY PREDICTED ON COAST Gov. of Massachusetts Warns That California's Heavy In- come Tax May "Wipe Hollywood Off the Map" The motion picture producing industry as represented by Hollywood appears to have been wedged into the middle of the argu- ment between William Randolph Hearst and those whom he displeased by his an- nouncement a week ago that California's high income taxes are compelling him to transfer his permanent address from his native hearth in that state to New York. There were sharp repercussions of the decision of Publisher Hearst to spend more time away from his expansive San Simeon ranch because of the confiscatory taxes. Massachusetts' governor, James M. Curley, predicted that the state income tax "may wipe Hollywood off the map." Louella O. Parsons, Mr. Hearst's Uni- versal Service motion picture editor, added that unless the coast tax laws are repealed or greatly modified the motion picture in- dustry will trek away, leaving California bereft of its largest source of income. Louis B. Mayer, Metro's production general at Culver City, and president of the Motion Picture Producers' Association, joined the Hearst sympathizers, declaring, "It seems inevitable that others will be obliged to follow Mr. Hearst's action." Joseph M. Schenck, president of Twen- tieth Century-Fox, likewise voiced the sen- timent that it would not surprise him if prominent motion picture stars decided on taking similar action. United Press telegraphed from Holly- wood that "a general exodus of California wealthy men and women was feared," and added : "Corollary local fear, and one freely ad- verted to by Mr. Hearst, was that the film industry might pull up stakes and leave Hollywood, possibly for Florida. Then the Invitations This started the anticipated stream of offers to the California film industry to set up their picture-making machinery else- where, including Mexico. Florida invited both the industry and Mr. Hearst to move to that state. Mayor Charles D. White, of Atlantic City, New Jersey, telegraphed to Mr. Hearst and invited him to make his home there. Executives of each of the nine large studios received similar invitations. Such invitations were received from at least one dozen eastern states when Upton Sinclair ran for governor in California last year on his Epic tax-the-wealth program. On the other hand, Mr. Hearst was also on the receiving end of attacks from more stalwart native sons of California for his "insolent rebuke" to the state. Manchester Boddy, a Democratic publisher in southern CANT RUN SHOW WITHOUT 'HERALD' "I am enclosing you check for $3.00 to pay up the Her- ald for another year. I don't see how any small town exhib- itor could run a show without this paper. "I am enclosing you reports on some pictures we have re- cently run both here and at McCracken. . . . "If I see these reports in print, I may be inclined to break loose and send you some more." —REGGIE BUXTON, Strand Theatre, Ransom, Kan. California, predicted that the state would "call his bluff." Mr. Hearst's announcement aroused fear and resentment in California business cir- cles, where the state's power of attracting wealthy men and their money is still seen as a major asset. Chamber of Commerce Protests The California Chamber of Commerce, led by business men who like income taxes no better than Mr. Hearst, issued a state- ment to show that persons with high in- comes would pay more in Florida in total state and federal taxes than they would in California. Everywhere in the state where civic emo- tion is strong, the booster spirit was aroused. Mr. Hearst's prediction that others in California will follow his move to evade the high taxes, was followed by the "I told you so" of Mr. Mayer, when Mr. Hearst especially mentioned the drain on the high salaries of motion picture stars. Governor Curley, arriving in Los An- geles from h i s native Massachusetts, warned: "Last winter, when I was in Florida, I saw many motion picture people looking for possible sites. The tax now is creating a very serious situation and it will hurt the Los Angeles (motion picture) section tremendously." Too, Attorney Charles A. Sunderlin, noted California insurance counselor and founder of the Los Angeles Lawyers' Club, predicted that "the state income tax is driv- ing capital to other states." Louella Parsons further explained that when Mr. Hearst announced that he is go- ing to move from California to avoid be- ing "robbed" by tax collectors, he was expressing the intention of "thousands of others." Joseph Schenck warned the California Southern California Publisher Says State Will "Call Hearst's Bluff"; Chamber of Com- nnerceWarns of Florida'sTaxes administration that "a popular actor can get work anywhere in New York or Lon- don." He added that he would "like to move out myself, but I can't go because my work is here; we have millions of dol- lars tied up in our properties out there and we just can't pack up and leave." Other large Hollywood producing cor- porations likewise have large sums invested. United Press surveyed the Hollywood high- salary situation and learned that "a check of incomes showed that many film men, screen players and wealthy retired eastern- ers might find themselves in the same situa- tion as Mr. Hearst." Among those who United Press discov- ered would have to pay from 70 to 90 per cent of their incomes are Louis B. Mayer, Mary Pickford, Wallace Beery, Bing Cros- by, Samuel Goldwyn, Irving Thalberg, Norma Shearer, Myron Selznick, Ernst Lubitsch and many others. Miss Pickford, in Hollywood Wednesday, said the taxes may force her to leave. "An odd feature of the new tax scare under discussion at the studios," United Press observed, "was that a great many of the highest paid actors were reported re- fusing work in order to hold their incomes below the surtax point." "As a case in point," said the news serv- ice, "the vacation of Gregory La Cava, director, was mentioned. After making $150,000 in six months, Mr. La Cava was said to have sailed for Europe on a pleas- ure trip for the balance of the year, despite attractive offers." The United Press made much of the re- port that Mr. Hearst would lead the way in an eastward trek, and further reported that he would confine his own motion pic- ture activities, represented by Cosmopoli- tan Productions (distributed by Warners), to New York. Treasury Department Denial From Washington came word, via John O'Donnell and Doris Fleeson, syndicate political writers, that the United States Treasury Department had denied the state- ment of William Randolph Hearst that it had asked Warner Brothers and Cosmopoli- tan to make a motion picture showing what happened to tax delinquents. The Treasury Department's story is that it was asked to cooperate by Warners with the man who wrote the scenario, "Special Agent."_ The Department did so, a spokes- man said, by giving him access to records of the Internal Revenue Department. Mr. Hearst is expected in New York within the week on his taxless pilgrimage from California and his $25,000,000 San Simeon ranch. He will establish his resi- dence at the Ritz Tower hotel. Park avenue and 47th street. The Hearst Hotels Cor- poration, one of the publisher's holdings, controls the property. 42 MOTION PICTURE HERALD November 2, 1935 Duals Now a Frankenstein In Their New England Cradle Doubles Nowadays Have Scarcely a Friend in That Territory by BRAD ANGIER New England Correspondent New England created double features. But of late, New England has been feeling it has been Frankensteined, that it was easier to start them than to control them. Certain pioneer exhibitors in New Eng- land have remarked in this respect that cash giveaways and other box office bolsters in the premium division should be regarded more seriously than they are at present in many instances, inasmuch as history has a tendency to repeat. Although New England was the nnating ground from which double features sprung and the cradle in which they thrived, an investigation shows the surprising fact that now such billings have scarcely a friend in this territory. And if not here, where? On the other hand, it was freely admitted that the public in these parts is so attuned to double features that in most instances they are a necessary evil. But the intimation is that if there is ever any chance to shove in a wedge in the present situation, per- haps by means of an exhibitors' agree- ment, that the prevalent policy will be split into two — that is, into single features. "I wish I could do away with double fea- tures," said Richard Rubin, Greater Boston theatre operator and local Allied States of- ficer, "so I could get a chance to use some shorts I bought three years ago ! But how ? I've used only two singles recently, 'The Count of Monte Cristo,' and 'Gold Diggers of 1935.' Even then, folks came out to the manager's office and wanted to know where was the other feature." Calls Singles Best "Singles are best, although a few com- plain on the shortness of such shows," re- marked Charles Koerner, RKO circuit divisional manager in New England. "The competitive situation here was the reason for our using double features at the RKO Bos- ton this summer, after the house dropped vaudeville. We only used them to keep the theatre open. Quality is what counts, and you can't make up with quantity for lack of quality," Mr. Koerner concluded emphati- cally. Arthur Howard, business manager of the Independent Exhibitors of Massachusetts, Inc., the key unit of Allied in New England, and Joseph Brennan, executive secretary of the local MPTOA affiliate, declared, how- ever, that their respective organizations plan no move against double features, inasmuch as they believe they are too firmly en- trenched in this part of the country. "With single features, we can grind out seven shows a day and gross much more," added George French, manager of Keith's Memorial, in Boston. "Doubles are neces- say in some situations, however. There's some stuff even we can't play by itself. This doesn't mean that such pictures are not good, rather that they of themselves do not pos- sess sufficient entertainment quality to make people feel satisfied. More pictures are en- titled to be played single feature than are so booked," Mr. French said. "Double Features Crazy" "How much chance is there to get away from double features in the outlying parts of New England ? Listen, I can answer that one from personal experience," retorted Philip Bloomberg, city manager for the five Salem Realty Company houses in Salem, Mass. "When Publix operated the Para- mount here, I played single features for a year while Lynn (an adjoining city) played doubles. The difference in the comparative grosses was terrific. There was a real check- up for you, too ; same pictures, same sort oi people." "The place is so double-feature-crazy that I expect any day to have to tie up Bank Night and Tango, or something of the sort, and have double cash-premium-night," com- plained another exhibitor. "Why do I use double features, then? Well, I don't like spinach either, but when I was a kid my father used to make me eat it. The public is sort of like my father used to be." Although the clamor has greatly died down, women's clubs and other organizations in New England have been strongly urging that double features be discarded, this stand being made a moral issue. Yet exhibitors in various local sections reported that the mem- bers of these groups, and even some of the instigators themselves, flocked to double- feature theatres when single-feature stands were accessible. "Double features are here to stay," said Thomas Woodbury, city manager for the Ramsdell Brothers theatre interests in Bev- erly, Mass., and one of the first exhibitors to waiver from the single standard. "Very few pictures are made today that are worthy of single billing, not with the public so edu- cated in favor of doubles." "I'm not in favor of double features," said a spokesman of Allied States. "I'm not in favor of block booking, either, nor of per- centage pictures. So what?" Those last two words seem to be the crux of the whole matter. So what ! Clements Now Director William Clements, who has been in the cutting room of the Warner Bros, studios in Hollywood, has been made a director by Jack L. Warner, head of the studios, and has been assigned to direct "Prison Farm," soon to go into production. First Division Appointnnents Harry H. Thomas, president of First Division Exchanges, Inc., has appointed Joseph W. Bohn office manager in Indian- apolis and Sam Haber, formerly with Gaumont British, salesman in Tennessee. ESTIMATES SPACE 8,000 THEATRES ON DUALS No less than 8,000 theatres today are showing double features, estimates Edward Golden, sales manager of Re- public Pictures. Mr. Golden, now touring Republic's exchanges in the field, added that the tendency is growing in small towns. In Flint, Michigan, however, ex- hibitors were preparing to decide whether they will continue enforcing their present agreement to -use double bills only on one change a week, or return to the use of duals regularly. For the first time in months, a Chicago "Loop" theatre has a dtial bill, the Garrick theatre playing "Wings Over Ethiopia" and "Here's to Romance," and this despite the citywide exhibitor agreement to re- frain from showing two features on a single program. And in Kansas City, Fox Midwest installed double bills at its Uptown theatre, thus adding to the troubles of independent suburban owners who are already considerably disturbed over the clearance demands of the circuit. IV liter Eberhardt Funeral Is Held Funeral services were held Tuesday morning at the Church of St. James, the Less, in Scarsdale for Walter F. Eberhardt, author, scenarist and member of the pub- lic relations department of Electrical Re- search Products, Inc. Mr. Eberhardt was found dead from asphyxiation last Sunday morning, in the garage adjacent to his home. Notes found at his side indicated suicide. Mr. Eberhardt was widely known in in- dustry circles, particularly in Manhattan, where he had served as secretary of the Associated Motion Picture Advertisers in 1924-25, as the organization's vice-president in 1925-26 and utimately as its president in 1926-27. Memorial services were to be held at the AMPA Thursday at the regular meeting in New York. Following five years of newspaper work in New York, Washington, Cleveland, Du- luth and other cities, he joined the pub- licity and advertising department of Para- mount Famous Lasky Corporation and later First National Pictures, where he re- mained for eight years. Since 1929 he had been connected with Erpi. He was the author of several mystery stories, including "A Dagger in the Dark" and "The Jig Saw Puzzle Murder." He wrote the novelization of Earl Hudson's screen story, "Sundown," and William B. deMille's play, "Classmates." Mr. Eberhardt, was born in New York in 1893. He was a graduate of Bowdoin Col- lege and served overseas with the Canadian Infantry in 1917-19. He is survived by his wife, the former Harriet Howard Kim- ball, whom he married in 1925. ■ I THEV i^ivEn ran lovi! LAUGHED AT DEATH.. FOUGHT FOR GIiORY** U Uldventure leap io a tingling screen ! . . . Femi- nine hearts stand still! . . . D'Artagnan the Dashing is here! . . . with the beautiful Queen, the glamorous Lady, the seductive woman spy, the scheming Cardinal . . . and all those others who have thrilled the millions oi the world in the grandest romance ever written! LB PREMIERE THIS WEEK AT RADIO CITY MUSIC . o OPEMNC3 IN-HALF A HUNDRED KEY CITIES R®W' OAS f TO COAST THIS WEEK AND NEXT! lADIO'S WONDRO^ INDRE DUMAS' WALTER ABEL, Broadway stage idol, as the audacious D'Artagnan; PAUL LUKAS, heart- breaking screen lover, as Athos; M ARGOT GRAHAME, English stage beauty, as intriguing? Milady de Winter; HEATHER ANGEL, as^ Constance; IAN KEITH, as de Rochefort . . J Moroni Olsen, Onslow Stevens, Rosamond' Pinchot, John Qualen, Ralph Forbes, Nigel de Brulier and hundreds ol others! RKO-HBiB? ^ "^'^^^rmJBE. Directed by ROWLAND V. LEE Screenplay by uudlej Nichols and Rowland V. Lee, Associate Producer, Clill Reid. Fencing arrangements by Fred Cavens November 2, 1935 MOTION PICTURE HERALD 47 DISTRIBUTORS SCORE IN DEFENSE AGAINST U.S. CHARGES AT ST LOUIS Witnesses for Warner Brothers, Parannount and RKO Take Stand After Judge Refuses to Direct Verdict of Acquittal Warner Brothers, Paramount and RKO this week opened their defense against the United States Government's criminal indict- ment anti-trust charges in the St. Louis case, after "a miUion dollars' worth" of prosecu- tion and defense talent had argued lor days over motions for directed jury verdicts of not guilty, which Federal Judge George H. Moore refused. The defense got off to a good start, scoring several points with their opening witnesses in their effort to rebut the alle- gations that a conspiracy existed annong the three distributors to prevent the St. Louis first-run Annbassador, New Grand Central and Missouri theatres of the Harry Arthur - Fanchon and Marco inter- ests from obtaining sufficient product. The arguments in support of defendants' de- murrers to the Government evidence and mo- tions for directed verdicts of not guilty and to dismiss the indictment opened before Judge Moore Thursday afternoon with a three-hour vigorous discussion of the indictment, the evi- dence and the law and court interpretation of that law on each question by Frederick H. Wood speaking for the Warner group of de- fendants individually and collectively. Before opening his address to the court Mr. Wood presented to Judge Moore a 59-page memorandum brief setting forth in detail vari- ous court decisions touching on phases of the case as he and other Warner counsel analyzed it. This brief was signed by James A. Reed, Mr. Robert W. Perkins, and Jeffries, of Simp- son & Plummer, attorneys for the defendants. The motions for a directed verdict of "not guilty" and asking dismissal of the in- dictment filed on Thursday on behalf of the Warner and Paramount individual and corporate defendants were worded slightly differently from those presented Wednes- day afternoon by counsel for RKO Dis- tributing Corporation and Ned E. Depinet. Briefly, they were to the effect that the Government had failed to make out a prima facie case of conspiracy against any of the defendants and that therefore the charges should be killed for all time. The brief set forth that the rule of law as laid down by the guiding decision in this and all other circuits of the United States courts is that evidence to convict must be "substan- tial evidence of facts which exclude every other hypothesis but that of guilt," and that the evi- dence in the case consists of a series of acts each in itself lawful, the making of separate and independent contracts between Warner Brothers and each of the other defendants in themselves wholly lawful, and statements claimed to have been made by certain repre- sentatives of but a single company, no two companies being represented at the same meet- ing, and that neither the court nor jury may consider these as evidence of the alleged con- spiracy. Prior to the opening of the arguments Judge Moore denied motions by Mr. Wood on behalf of Warner Bros, and William R. Gentry of Paramount counsel to strike out certain por- tions of the testimony against their clients. The Warner motions alone would have deleted some three hundred pages of record while Mr. Gentry sought to strike out testimony concern- ing conversations by various Warner Broth- ers and RKO officials given by Harry C. Arthur, Jr., Jack Allen Partington, Thomas M. Dysart, Frederick Kreismann, Joseph Grand, David Levinson, Jacob Chasnoif, John S. Leahy, Clarence M. Turley, Frederick W. Straus and M. A. Rosenthal, declaring no proper foundation had been laid for such testimony. Judge Moore declined to hear arguments on the motion to strike out, saying such matters already had been gone into fully. Mr. Wood contended that the Government, in charging conspiracy in restraint of inter- state trade and commerce, must prove concerted refusal to deal with the complainants, not that the defendants had individually and inde- pendently entered into exclusive contracts for first-run motion pictures, since such contracts of themselves were legal and all such con- tracts everywhere are of necessity exclusive in their exhibition rights ; that the Government must establish guilt beyond substantial doubt, not a mere suspicion of guilt based on con- jecture. He cited a recent ruling by the United States supreme court definitely rejecting the socalled "scintilla rule of evidence" formerly relied upon to convict in conspiracy cases. He then called attention to Judge Sandborn's de- cision in the Union Pacific case that the trial judge must direct a verdict of acquittal if the evidence permits of any other hypothesis but that of guilt, and that this rule is now uni- versal. He then proceeded to show that War- ner Brothers had a legal right to lease the Shubert-Rialto and Orpheum theatres, to exhibit their pictures therein and also to contract for RKO and Paramount pictures, and to take the various steps they had taken to protect their equity in the Am- bassador, Missouri and New Grand Cen- tral theatres and to endeavor to have their reorganization plan adopted in pref- erence to that finally accepted by the bondholders. He pointed out that the supreme court repeat- edly has held that every man has the legal right to engage in any kind of business and the fact that his exercise of that right may restrict and even destroy the business of an- other does not make his action unlawful. He also said that courts have ruled that the buyer and the seller may choose the persons with whom they do business and may also make a requisite of their purchase that the seller may not do business with another competing concern. In this connection he said that the fact that the opening of the Shubert-Rialto and Orpheum theatres by Warner might have hurt the busi- ness of the Fanchon & Marco houses and that the contracts with RKO and Paramount may have limited the pictures available for the Fanchon & Marco houses, was not enough to prove conspiracy in restraint of trade. He said that the Government had not proved or attempted to prove that the Warner Brothers had more pictures than were needed for the Shubert-Rialto and the Orpheum. He stressed that no law compels any business man to build up the business of his competitor. In support of his contention that Warner Defendants Win Several Rounds With Opening Witnesses Re- butting Allegations of Con- spiracy; U. S. Attorney Fined Bros., like Fanchon & Marco and any other business man or corporation, had the right to lease theatres in St. Louis or in other cities, and go into the business of exhibiting motion pictures, Mr. Wood cited numerous legal de- cisions, including the findings of Judge Manton in Federal Trade Commission vs. Paramount Famous-Lasky Corporation. "In passing," Mr. Wood said, "it may be said that it does not appear and is not con- tended that Warner Bros, bought more pictures for the theatres it opened in St. Louis than were reasonably required for the operation of these two theatres which it leased and had a clear right to lease. "The lawfulness of this conduct on the part of Warners is in no wise dependent upon the effect which it may have upon the business of either a present or potential competitor : If so obvious a proposition needs support in the cases, we refer to the following : "It was said in Federal Trade Commission vs Curtis Publishing Company, 260 U.S. 56S : " 'Effective competition required that traders have large freedom of action when conducting their own affairs. Success alone does not show reprehensible methods, al- though it may increase or render insu- perable the difficulties which rivals must face.' 'It was said by Judge Manton in Federal Trade Commission vs Paramount Famous- Lasky Corporation (57 F. (2d) at p. 157) : " 'The respondent is not required under the law to so conduct its business that every competitor may conduct his with an equal degree of success according to his size and importance.' "Every business man, whether buyer or seller, has a legal right to choose his own cus- tomers for good reasons, bad reasons, or no reasons at all ; that is, a buyer may determine from whom he shall buy and a seller may de- termine to whom he shall sell. This equally obvious proposition would not seem to require the citation of authorities. Since, however, we have a few at hand, it may not be inappro- priate to call attention to them." (He then cited numerous court rulings of this long- recognized right of buyer and seller.) Continuing, he said : "This rule has been applied by the circuit court of appeals for the Second Circuit to the motion picture business in Federal Trade Commission versus Para- mount Famous-Lasky Corporation (57 Fed. (2d) 152 (1932), in which the court said at p. 156: " 'A distributor of films by lease or sale had the right to select his own customers and to sell such quantities at given prices or to refuse to sell at all to any particular person for reasons of his own." "In the exercise of this right inherent in both buyer and seller to choose their own cus- tomers, either the buyer or the seller may declare his intention not to deal with the other if the other deals with his competitors or fol- (Continued on following page) 48 MOTION PICTURE HERALD November 2, 1935 DUTY TO PROTECT INTERESTS CITED (Continued from preceding page) lows any other course of action not to his lik- ing, and this irrespective of the effect of a contract made as a result of such declarations or threats, if they may be termed threats, upon the business of such competitors. "Even if, therefore, the Government should be able to show that the efifect of Warner Bros.' entering the business of exhibiting mo- tion pictures in St. Louis through the leasing of theatres for that purpose, made it difficult or, indeed, even impossible (which is not claimed) for the lessees of the Ambassador, Missouri and New Grand Central theatres to do business, or should be able to show that either Warner Bros, or the companies from which they bought motion pictures, or all of them, were conscious that such would be the effect, this would be of no significance. Must Show Conspiracy "In order to establish a charge of conspiracy to restrain trade it is necessary and essential to establish the existence of a confederation or conspiracy upon the part of Warner Bros., with the distributors of motion pictures with which it dealt to prevent the lessees of the three theatres from getting pictures, not merely as the result of contracts or a course of action separately determined upon by the three sep- arate business interests as being good business, but it is necessary to distinctly prove a definite confederation, conspiracy, or agreement to act in concert for the purpose of depriving the lessees of any pictures. This the Government has utterly failed to prove by any evidence, since conspiracy or agreement to act in concert cannot possibly be implied from the mere fact of two sales, no matter what disastrous results may come to the competitors of the buyer by reason of their inability to obtain the same pictures. "The supreme court of the United States has clearly pointed this out in Binderup versus Pathe Exchange (276 U. S. 29 1). Contrary to Mr. Hardy's statement, there was never any finding in this case that the motion picture companies concerned had been guilty of the acts charged. In the district court the complaint was dismissed upon the opening statement. The supreme court merely held that the district court should not have dismissed upon the open- ing statement. When the case was tried a verdict was directed for the defendants. "At page 312 of its opinion the supreme court said : " 'It is doubtless true that each of the dis- tributors, acting separately, could have refused to furnish films to the exhibitor without becom- ing amenable to the provisions of the act, but here it is alleged that they combined and con- spired together to prevent him from leasing from any of them. The illegality consists, not in the separate action of each, but in the con- spiracy and combination of all to prevent any of them from dealing with the exhibitor.' "The only other acts committed by Warner Bros, as disclosed by the evidence, consisted of various steps which it took to protect its large investment in the companies owning the build- ings in which the Ambassador, Missouri and New Grand Central theatres were situated, in- cluding the bonds on the properties. All these steps were taken in connection with the reor- ganization of the owning companies. There is no evidence and no claim that any of the other defendants participated in such acts or COUNSEL FOR U. S. IS FINED FOR CONTEMPT A shouted "That's a damn lie" cost Harold L. Schilz of Government counsel a $25 fine for contempt of court on Friday. Judge George Moore was deaf to appeals by defense coun- sel that the court remit the fine, as it would be "a blot on the career of a young lawyer." Instead, the judge, declaring that he would not tolerate such conduct, directed Mr. Schilz to rise and apolo- gize, and then assessed the fine. were to have any interest in the buildings if Warner Bros, succeeded in its efforts to pro- tect its interest there in the reorganization. "Warner Bros, had a lawful right to at- tempt to protect its interests. In fact, it was the duty of those in charge of the operations of the company to endeavor to do so for the protection of their own stock- holders and bondholders. The evidence fails to disclose that Warner Bros, at- tempted in this effort to take advantage of anybody or that the proposals which it made were unfair to the bondholders or to anybody else. "In substance, the evidence as to those efforts is that Warner Bros, attempted to work out a reorganization plan with the bondholders and at the same time give to Warner Bros, a chance in the long distant future to salvage some part of the losses which it had sustained by reason of the financial difficulties into which those properties had fallen. An examination of the Warner plan completely negatives any attempt upon the part of Warner Bros, to over- reach the committee, and the Government ap- parently makes no contention that it did. How- ever, had Warner Bros done so, the methods that were employed for the purpose of induc- ing the committee to agree to its plan would and could have no effect upon interstate com- merce." "Putting the Screws to Warner Bros." Taking up the various statements credited to various Warner Bros., Paramount and RKO officials in conversations with outsiders, Mr. Wood said that the courts have repeatedly held that "the existence of a conspiracy cannot be established against an alleged co-conspirator by evidence of acts or declarations of his alleged co-conspirators done or made in his absence." In connection with Herman Starr's declara- tions in the conferences with the Bondholders Protective Committee, Mr. Wood said that it was apparent the committee was "putting the screws" to Warner Bros., as they had a per- fect right to do, and that Mr. Starr, when it became apparent that Warner Bros, was not to be taken into the reorganization plan, made it very clear that his company did not propose to be forced out of St. Louis or to subrriit to the monopoly of existing first-run theatres by Fanchon & Marco, but would open its own theatres and continue in the exhibition field locally. Mr. Wood contended that Mr. Starr had a perfect legal right to say everything that was credited to him at various times and that the manner in which he uttered the words did not change the legality. He said that the United States supreme court in various rulings has clearly demonstrated that in a case consisting merely of a contract or contracts to restrain trade it is not per- missable for the Government to charge con- spiracy to restrain trade. The reason is that where the conspiracy involves the same com- bination or community of purpose of two per- sons essential to the transaction itself, then the substantive offense cannot be turned into a con- spiracy. In short, where the cooperation of two persons is essential to a transaction, such as signing a contract for motion picture film, they cannot be charged with conspiracy, he said. Touching on the evidence against the various individual defendants in the Warner group, Mr. Wood pointed out that the sole evidence against Harry M. Warner was the statement credited to him by witnesses Frederick W. Straus and M. A. Rosenthal, that Mr. Warner had declined their offer to intervene in the St. Louis situa- tion, as Warner Bros, was making money with the Shubert-Rialto and Orpheum and was perfectly satisfied with its St. Louis setup, and the further statement that Mr. Starr had authority to represent the company in St. Louis. He added that the mere fact that Mr. Warner was president of the company was not sufficient convict him of conspiracy, nor to hold him for any unlawful acts that Mr. Starr or any other employee may have committed. Mr. Wood contended that a review of all the evidence in the Government's case and consid- eration of the laws applying revealed that the Government had failed to make a prima facie case of conspiracy and that therefore Judge Moore should direct a verdict for the defend- ants and dismiss the indictment. The Government's arguments against the de- fense move for acquittal were made Friday afternoon by Dwight I. Savage and Russell Hardy, special assistant to the attorney gen- eral, after pleas for the motion in the morning by Mr. Gentry for the Paramount companies, Samuel W. Fordyce for George J. Schaefer, Paramount vice-president and general manager, and Mr. Leisure on behalf of RKO Distributing Corporation and Ned E. Depinet. While Mr. Leisure was presenting his argument an incident occurred that com- pelled Judge Moore to assess a fine of $25 for contempt of court against Harold L. Schilz of Government counsel. Mr. Schilz, without rising from his chair, shouted, "That's a damn lie," when Mr. Leisure stated that the Government has failed to return a carbon copy of an RKO letter that had been used before the fed- eral grand jury last January. Judge Moore directed Mr. Schilz. to arise and apologize to the court, which he did, and then assessed the fine. Later Mr. Leisure and other defendant counsel led by James A. Reed sought to have Judge Moore remit the fine, as it would be a "blot on the career of a young lawyer," but the court said that the fine would not be remitted, as the court could not tolerate such conduct on the part of an attorney. Mr. Savage, for the Government, without the oratorical presentation of Mr. Wood, pre- sented a very thorough discussion of the Sher- man and Clayton acts in their relationship to the case at the bar, citing numerous court decisions to support his chief contention that (Continued on following page) 'I November 2, 1935 MOTION PICTURE HERALD 49 WITNESS DEFENDS WARNER ACTIONS {Continued from preceding page) the fundamental purpose of the law is to secure equality of opportunity to every individual engaged in interstate commerce and to prevent the evil effects of any combination or mon- opoly that might interfere with such oppor- tunity. Answering Mr. Wood's contention of the previous day that the Schechter case, the most recent of the United States su- preme court, had shown that the fact that an article may have been incidentally a part of interstate commerce was not suffi- cient to bring an action under federal statute. Mr. Savage said that a contract signed in New York for motion pictures to be shown in St. Louis was clearly in- terstate commerce. He said that a con- spiracy is rarely susceptible of proof by direct testimony but of necessity must be shown or inferred from circumstances such as acts done. Mr. Hardy, for the prosecution, said that his clients were not Fanchon & Marco and the bondholders ' protective committee, but the Government of the United States, and that the gentlemen that had figured in the situation in opposition to Warner Brothers were merely Government witnesses. Then with picturesque adjectives that carried him all the way from China to the diamond fields of South Africa, with a stopover in Ethiopia to predict the out- come of the Italian invasion of that domain, he proceeded to analyze the testimony that had been given against the various defend- ants, both corporate and individual, to support his contention that nothing they did in further- ance of the alleged combination against Fan- chon & Marco and the bondholders' protective committee and even the United States district court for the Eastern District of Missouri could support any presumption of innocence. He touched on the size and power of Warner Broth- ers and the comparative smallness of Fanchon & Marco, to prove his contention that Warner Brothers had not only made the threats credited to the company but was able to carry through such threats. Wood Replies In thv. morning Mr. Wood of Warner coun- sel had replied at some length to the scholarly presentation of the law made Friday by Mr. Savage, and also to the address to the court made by Mr. Hardy. Mr. Wood contended that under the undisputable rule of law, as inter- preted by various court decisions, statements and acts of one alleged conspirator made in the absence of his alleged co-conspirators could not be used against them unless and until the existence of such conspiracy had been shown by independent evidence. He said from 90 to 100 per cent of Mr. Hardy's argu- ment should be disregarded because he had confined himself almost exclusively to the various conversations that had been testified to during the trial. As usual, Wood and Hardy indulged in some very pointed personal discussions somewhat aside from the proceedings, but in the absence of specific objections were given free rein in that regard by the court. Judge Moore's decision denying the demur- rers and dismissal motions was handed down on Monday. Without giving any reasons for THREE LEGAL ACTIONS ON TRADE PRACTICES Legal actions involving trade practices beclouded the film horizons in three centers this week. At San Antonio the Allied The- atre Owners of Texas decided to con- centrate upon a program of seeking anti-trust prosecutions in the terri- tory by the Department of Justice at Washington, on behalf of members of the association. At the convention a week ago a budget of $12,000 was set for the year. In connection with the anti-trust action filed several months ago in federal court, Newark, by Ledirk Amusement Combany, large distribu- tors discussed defense procedure at a gathering of attorneys Friday in the offices of the Motion Picture Pro- ducers and Distributors of America. The argument of Warner Bros, and Twentieth Century-Tox that the court lacks jurisdiction in their cases will be heard soon. Reports that the Independent The- atre Owners Association has begun serving papers in its long-threatened suit against large distributors, charg- ing forced tying-in of short product with features, follows word that the association is seeking the indorsement of Allied Theatres of New Jersey for federal intervention through At- torney General David Wilentz to halt trade practices considered inimical to the exhibitors' interests. his decision, the court overruled each petition. Then Warner Bros, took up the defense, placing Sam B. Jeffries, local Warner attor- ney, on the stand. Mr. Jeffries related Warners' Interest in Skouras Bros. Enterprises and St. Louis Amusement Co. in addition to giving a full analysis of the various reorganization olans the company had submitted to the bondholders' committee for the Ambassa- dor, Missouri and New Grand CentraL He also told the court and jury how the bondholders had "walked out" on an oral agreement reached with Warner Bros, on Sept. 18, 1933. Mr. Jeffries testified that at this conference the bondholders' group and Warner Bros, had a complete understanding on a reorganization plan which required that Warner Bros, put up $400,000 fresh capital with which it would get control of the new company. He said that David Levinson, attorney for the bondholders' committee, had been authorized to draft the plan agreed upon, and although several matters not discussed at the September 18 meeting were included, Warner Bros, did not object because they were considered minor. Mr. Reed questioned the witness at some length on the management and ownership of the Ambassador, Missouri and New Grand Central and St. Louis Amusement Company. Mr. Jeffries said that in February, 1934, Tom K. Smith was receiver for the three theatres, which were then operated by Spyros Skouras and Clarence M. Turley, who also had pos- session of the St. Louis Amusement circuit. Koplar Again Mentioned He said he had been a director, but had re- signed in January, 1934. He also told of the Blake-Skouras Bros. Enterprises and Shea- St. Louis Amusement Company receivership suits, adding that Elsie Probstein, one of the peti- tioners, was a sister of Harry Koplar ; that Nat Koplar, another petitioner, was a brother of Harry Koplar, who, he alleged, was behind the moves. In 1929, Warner Bros, owned 5,000 shares of Skouras Bros. Enterprises stock, and at the time an intervening petition in bankruptcy was filed, controlled about 96 per cent of the stock, he said. This company owned 51 per cent of St. Louis Amusement Company, Mr. Jeffries declared, and Warners afterwards bought from Mr. Koplar 14,000 shares in the St. Louis Amusement circuit. Several other purchases of St. Louis Amusement stock were made, which gave Warners 40 per cent of the company. Combined with Skouras Bros. Enterprises in- terest, the total virtually amounted to 91 per cent. Mr. Dysart, the Warner attorney said, ac- quired the Ambassador and New Grand Cen- tral by foreclosure in January, 1934, as chair- man of the bondholders' committee, which held an original first mortgage on the two properties totaling $4,500,000. Mr. Jeffries was not per- mitted to discuss the mortgage situation re- garding the Missouri when Mr. Hardy was sustained in an objection on the ground that the document itself was the best evidence. After a bit of quibbling between Reed and Hardy the former Senator then produced cer- tified copies of documents, including the mort- mortgages on the three buildings. Testifies on Mortgages Mr. Jeffries testified that the first mortgage on the Ambassador and New Grand Central was for $4,500,000. later reduced through pay- ments to $4,050,000. The second mortgage was for $1,075,000 and later reduced to $800,000. The third mortgage was $1,000,000, which Warners held. The first mortgage on the Missouri was for $2,000,000. The witness said he knew of the setup from Mr. Arthur's testimony and again Mr. Hardy intervened, stating that the first Government witness should have been cross-examined on this. Mr. Reed remarked, "I'll address myself to the court and his honor's wisdom." To which Judge Moore replied, "I don't know about that." Mr. Jeffries said that during the latter part of August, 1933, when the two re- ceivership suits were out of the way, he began to negotiate with the bondholders' committee, recalling a meeting In Chicago that month and a later meeting on Sep- tember 18 in his office attended by Mr. Starr, Abel Carey Thomas, Dysart, Levin- son and himself. The local Warner legal representative then recited some of the variations put into the plan by the bondholders which were not agreed upon at the conference. Warner Bros, wanted the agreement to run 15 years and the committee (Continued on foUozving page) 50 MOTION PICTURE HERALD November 2, 1935 KOPLAR FIGURES IN DEFENSE ROUND (Continued from preceding page) insisted on making it 10. The oral under- standing on exemption of accumulated interest on the bonds was for the first two years. The committee reduced this to the first 12 months only. That 25 per cent of the money deposited in a sinking fund be paid to the new corpora- tion annually was not changed, nor was the insurance provision or setup of the trustees, the witness said. Four Warner Representatives Warner Brothers was given four represen- tatives on the board of trustees, Mr. Jefi^ries stated, because it would not put up the $400,000 unless it could have 60 per cent of control. Re- organization expenses, plus the amount of money the non-depositing bondholders would get out of the foreclosure sale price was to be paid by Warners. It was agreed Warners would put up $50,000 in escrow in a bank on account of the purchase price of participating certificates, the balance to be paid on delivery. At first a Chicago bank was named, but this was changed to a St. Louis institution. Skouras Bros. Enterprises guaranteed the old bonds, Mr. Jefi^ries said. Other provisions were that the committee should get 40 per cent of the authorized stock in the new company, Warners was to have an option to operate the Missouri, for which the company would get a 5 per cent management fee and no capital expense should be reduced from the gross receipts in determining net profit. Mr. Jeffries said Mr. Levinson never sub- mitted the draft to him, but to Mr. Dysart, who personally changed it so that the committee would be in control for 15 years without putting up a penny. Warners, who were to deposit $400,000 with the committee, were to get nothing, he said. Asked about the Allen L. Snyder bid for the three theatres, Mr. Jeffries said he had heard about it sometime in January, 1934, shortly after which he conferred with Dysart and inquired if Koplar was connected with the deal. Mr. Dysart replied he was not dealing with Koplar and all negotiations were with Snyder. Mr. Jeffries added that on February 19 he saw Mr. Koplar, who told him that he would not interfere with Warners trying to get control of the St. Louis Amusement Com- pany. On February 22 the Warner attorney visited Mr. Thomas and Mr. Starr in New York and was advised Warners were drawing up a new reorganization plan, he testified. "We did not say we would keep F. & M. from getting pictures," the witness said. "We did say that Arthur would not get War- ner product and that he may not have enough films for the three houses." He denied Mr. Starr called F. & M. "fly-by-nighters." What Mr. Starr did say, the witness testified, was that Mr. Snyder and F. & M. were "not ex- perienced enough financially to carry out so great a responsibility." Relieving the witness for a while, Mr. Reed read to the jury Warners' proposal, dated March 8, 1934, to the bondholders' committee. This, however, was for the Ambassador and New Grand Central, the Missouri being cov- ered by a separate deal. Both were submitted to Mr. Dysart by Mr. Jeffries on March 15, it was stated. Warner Brothers on Tuesday scored another important victory when Judge Moore reversed himself and permitted Mr. Reed, for the de- fense, to introduce testimony relating to Harry COURTS MAY ADOPT RECORDS ON FILM Dean Edward T. Lee, of the John Marshall Law School in Chicago, this week hailed a new sound device capa- ble of reproducing instantly the voices of trial witnesses in courtrooms, as "the last link in the chain of com- munication." The sound can be synchronized with motion pictures and the two reproduced before the reviewing tri- bunals, and thus be a more impression- able of earlier proceedings than the printed record now in use. The machine will be demonstrated shortly before the Chicago Bar Asso- ciation for approval as a court instru- ment. Koplar's suits against two companies in which Warners were financially interested, m rebuttal to inlerences brought out by tne Government on exammation of its witnesses. Mr. Reed was interrogatmg Sam B. Jeffries, on the stand for a second uay, m connection with a conference which he had with members of the bondholders' committee of the Ambassa- dor, Missouri and iNew Grand Central on August 3, 1933. After the question of admitting references to Mr. Koplar had finally been settled by Judge Moore, the witness gave reasons why Warners couldn't negotiate with the bond- holders' committee. He said it was because of the suits pending before Referee Barker, who later made a report describing the actions as "brought to extort money from Warners, that they were blackmail suits and all charges of mismanagement and misconduct on the part of Warners were unfounded, untrue and quite the reverse." The referee found, Mr. Jeffries said, that Warners had successfuly, honestly and efficient- ly operated St. Louis Amusement Company and Skouras Brothers Enterprises. "Our hands were tied," the local Warner attorney said he told the committee, "in the reorganization of two companies in which we were interested because of the litigation. It was held the suits were brought for the pur- pose of destroying Warners and this had been confirmed by the court." The Koplar charges in a petition were also decided in favor of Warners, Air. Jeffries de- clared. Mr. Koplar claimed Warners had paid $200,000 to union help which shouldn't have been paid, but the referee found, it was stated, the companies had a contract with the mu- sicians at the time sound displaced theatre or- chestras which had to be paid. The entire Tuesday morning session was de- voted to a reading of Warners' reorganization plan for Central Properties by Counsels Reed and Wood. After the reading was completed, Jeffries explained the difference between this plan and that discussed at Mr. Dysart's office on June 6. When Prosecutor Hardy objected to Defense Counsel Reed's questioning the witness in con- nection with what he had told Harry C. Ar- thur about Mr. Koplar and the trouble Warners experienced with him, he was sus- tained. This, however, occurred just before noon recess when the prosecutor charged Mr. Reed with working up to an impeachment of the government's first witness. The ex- Senator denied the intent and produced testi- mony in which Mr. Arthur testified he was not informed about the trouble. Mr. Jeffries, continuing on the stand on Wednesday, testifying under cross-examina- tion by Assistant Attorney General Hardy, took direct issue with several Government witnesses who had testified concerning alleged threats made by Mr. Starr at various confer- ences with the bondholders' protective commit- tees in connection with the plans for reorgan- ization of the Ambassador, Missouri and New Grand Central theatres. Among the statements Mr. Jeffries denied were made were reflections on the financial responsibility of Fanchon and Marco, that "If Fanchon and Marco attempt to operate these theatres it will be just too bad for them," and alleged threats that Warner Brothers would prevent Fanchon and Marco and Allen Snyder obtaining sufficient pictures to operate the houses. The witnesses who Mr. Jeffries disagreed with included Thomas N. Dysart, chairman of the bondholders' protective committee, but he made it very clear that he was not attempting to question Mr. Dysart's honesty or integrity. "I am quite sure that I am correct in my statement as to what Mr. Starr said, and that Mr. Dysart is mistaken. What Mr. Dysart said may have been his con- clusions based upon what Mr. Starr said," Mr. Jeffries said in response to a question by Mr. Hardy. When Mr. Hardy demanded to know what explanation the witness had to offer for the difference in his and Mr. Dysart's testimony, counsel for the defense objected, but Judge Moore said the witness might answer. Mr. Jeffries replied: "Mr. Dysart is just simply mistaken." "Does the same thing apply to the various other statements made by government witnesses about Mr. Starr?", Mr. Hardy asked. "Yes," was the reply. He then explained that he had been through all of Warner Brothers St. Louis troubles, commencing with the Koplar suits and that he thought his memory of what had transpired at the vari- ous conferences was "awfully good but I don't want to brag." Defense Sustained Mr. Hardy then sought to place Mr. Jeffries in the position of attempting to impeach the testimony of Mr. Dysart. But Senator Reed and other members of defense counsel objected saying that the defense has not questioned Mr. Dysart's reputation for truth and veracity and that the witness had not attempted to do so, and that it was simply a matter of two wit- nesses having a different recollection of what had been said at a meeting they both attended. Judge Moore sustained the defense, ruling Mr. Dysart's veracity had not been questioned. Mr. Jeffries proved a better witness on cross- examination than he had on direct, and in re- sponse to various questions by Mr. Hardy succeeded in telling the jury that Warner Brothers in all their dealings with the bond- holders' protective committee had acted in good faith, had not attempted to block the com- mittees, and that he was not attempting to question the good faith of the bondholders' committees although he did believe they had used bad business judgment in accepting the 10 year Snyder leases in preference to the Warner Brothers reorganization plans. IT'S BIG ON THE V lie presemts a rniilliom -dollar cast in Universal's picture of a thousand surprises J: sfarri.g EDWARD ARNOLD • CONSTANCi BERT YOUNG « JA/WES WHA h ROBERT ARMSTRON LOUISE HENRY 2^ HENI Ed Brophy • Monroe Owsley • Gustav von Seyffertitz Jack LaRue • George CARL LAEMMLE, JR/S ERY FACES OF ITl s .... From the novel by Adam Hobhouse — the story that's making millions talk [jCUMMINGS • SALLY EILERS AlE'S TRIUMPH OF TRIUMPHS EGORY RATOFF • REGINALD DENNY Meeker • Arthur Treacher • Rafaelq Ottiano • E. E. Clive • Frank Reicher Finest Production It's got Beauty, Prestige iitid Punch! It's got Drama, Magnitude and Comedy ! It's got What It Takes for Records and Holdovers! ^r^ivLj^^MBER LAST NIGHT?" yojuH mvsh. pfyp± it! November 2, 1935 MOTION PICTURE HERALD 55 Russian Delegates Feature Closing Session ofSMPE The closing day's session of the Society of Motion Picture Engineer's thirty-eighth semi-annual convention at the Wardman Park hotel in Washington late last week was given over largely to the industry in Russia. Soviet film executives described Soviet ex- pansion plans. J. C. Frayne presided at the final ses- sion. A paper was read by E. I. Sponable of Twentieth Century-Fox, who discussed elimination of the splice noise in sound films. E. C. Wente of the Bell Telephone Company recounted the contributions of telephone research to sound recording and reviewed his own investigations. A non- directional moving-coil microphone was de- scribed by L. W. Giles of the same labora- tories. "In 1935 the Soviet cinema industry's own factories will produce about 300,000,000 feet of cinema film of all kinds, which is 53 times greater than in 1931," said V. I. Ver- linsky, head of the Amkino Corporation, distributors of the Soviet product in America. "During this year the number of studios in the U.S.S.R. increased to 19, with a total output of 300 full-length pictures. The Soviet film industry has grown to enormous proportions, employing 150,000 persons. With 32,000 theatres in the union now, it is planned to have a total of 70,000 by the end of 1937." Professor A. F. Chorine, who directs all motion picture technological work in Russia, extended an invitation to attend a conference of engineers in Moscow next spring in con- junction with the cinema festival. "Great interest," said Professor Chorine, "is being shown in a movement to bring sound pictures to the remotest corners of Siberia, to sections of the north and to Turkestan, and also to the reading rooms of collective farms." Vote Shows Audiences Favor Single Feature The Plaza Theatre, New York, which caters to Park Avenue trade, has announced the first results of its pool on dual features and the ballots show that out of 857 re- turned, only 120 voted for twin bills while 737 voted for the single picture policy. In Flint, Mich., on the other hand, exhibi- tors will meet soon to decide whether they will continue their present agreement to use but one double bill a week. James M. Minter, owner of the Ritz and Family, has said he would ask exhibitors to discuss the matter, but indications are, how- ever, that the agreement will not be renewed. FWC Gets Pasadena House Fox West Coast Theatres has taken over the Tower, Pasadena, from the California Amusement Company, owned by Ray Miller and Robin Rowley, in exchange for the cir- cuit's Pasadena. The Tower was recently transferred to the California Amusement Company by Ben Berinstein and B. H. Lustig. ANIMATED CARTOON SATIRIZES NEW DEAL The New Deal is being satirized with an animated cartoon in Phila- delphia this week at a "Safeguard the Constitution" exhibition organized by the "Sentinels of the Republic," the organization which led the successful fight against the "pink slip" amend- ment to last year's Income Tax Law. Headed by Raymond Pitcairn, at- torney and archiect, the sentinels are presenting a free continuous movie at the Garrick Theatre entitled "The Amateur Fire Brigade — A Parable of the New Deal" The picture will be taken on a tour of key cities following its run in Philadelphia. Clayton Sheehan Resigns Foreign Post With Fox Clayton P. Sheehan has resigned from his position of general foreign sales manager of Twentieth Century-Fox, a post he held for twelve years. Mr. Sheehan still had some time to serve the company under the con- tract he held, but he explained the agree- ment had been settled on terms "mutually satisfactory." His successor will not be named for some time, Sidney R. Kent, president, said. Walter Hutchinson, managing director for Fox in England, is reported as a likely suc- cessor to Mr. Sheehan. Mr. Hutchinson is scheduled to visit New York early next year. He has been with the Fox organiza- tion fifteen years. Meanwhile, Irving A. Maas, who has been assistant to Mr. Shee- han, is in charge of the department. Mr. Sheehan's resignation had been ex- pected in reports that he would join his brother, Winfield Sheehan, who withdrew as Fox production head last July, in a new affiliation not yet made. Up to the time of his resignation, Mr. Sheehan had been in the employ of Twen - tieth Century-Fox and its predecessor, Fox Film Corporation, for eighteen years. He joined the company immediately following his graduation from Harvard University, becoming Buffalo branch manager, then dis- trict manager for New York State and finally entering the foreign department. Goodwins Made Director Les Goodwins, screen writer now acting in "Husk" for RKO Radio, has been pro- moted to director. His first assignment will be a two-reel subject under the supervision of Lee Marcus. Suprenne Completes Two Supreme Pictures Corporation in Holly- wood has finished two westerns starring Bob Steele. The films are "No Man's Range" and "Alias John Law." A. W. Hackel pro- duced the pictures. Chance Games Increasing in Several States Despite opposition on several fronts, chance games in theatres are gaining ground, particularly in major cities, reports from the field indicate this week. In New York the powerful Loew circuit has tried "Broadway Handicap Night" with success. In Cleve- land a large increase of Bank Nights fol- lowed a recent favorable court decision. Fox Midwest Theatres installed Bank Night in thirteen of its houses in Greater Kansas City. In Connecticut and Wisconsin gains also were shown. B. & K. Drops Screeno In Chicago, on the other hand, the Balaban & Katz theatres have dropped Screeno after a checkup showed that the game did little to in- crease attendance or total grosses. Indications pointed to a loss of favor by the various "prize nights" at most of the houses despite the recent adoption of Sweepstakes by the State-Lake the- atre on the Lopp. The Booklyn Palace theatre introduced "Broadway Handicap Night" last week and brought out the largest crowd the house has had in years. As a result of the succesful incep- tion there, other Loew houses are reported pre- paring to introduce the stunt. Screeno, which is being offered in other houses of the chain, will be continued, it is believed, and will not be discarded for a substitute. Twenty houses in Cleveland are now using Bank Night and about 100 in Northern Ohio since the recent court decision that the game does not constitute unfair competition and a number of houses are making plans to introduce Sweepstakes to their patrons. Fox Midwest Uses Bank Night Thirteen Fox Midwest houses in Greater Kansas City, including the first-run Uptown, be- gan using Bank Night last week. The circuit is operating the promotion on a pool arrange- ment whereby patrons may register at any the- atre and win by attending any other Fox house. In Bridgeport, Conn., the Loew organization has purchased Bank Night for the Globe and Screeno for the Lyric. It is also reported that five other Bank Night contracts are being con- sidered over the Poli New England circuit, in- cluding the Bijou, New Haven. This is Loew's first venture into any special inducement plan other than amateur and stage shows in this ter- ritory. In Madison, Wis., the state attorney general's office has notified District Attorney William M. Gleiss that free distribution of cards bearing numbers which entitle holders to prizes is not a lottery. The question arose over the policy of a Monroe theatre's giving away money once a week to the holder of the lucky number. Despite a restraining order prohibiting author- ities from interfering with Bank Night pro- grams, granted by the superior court at the re- quest of Affiiliated Enterprises, police in Indi- anapolis late last week arrested Mark G. Mar- golis, operator of the Rivoli, and Urban Ander- son, former manager, charging them with oper- ating a lottery. The drive was ordered follow- ing a riot at the Rivoli over an alleged con- spiracy in the drawing for a Bank Night prize. Botsford \o Produce A. M. ("Bots") Botsford has been made a producer at the Paramount studios in Hol- lywood under Harold Hurley and has been placed in charge of thirteen pictures. He was formerly assistant to Henry Herzbrun. 56 MOTION PICTURE HERALD November 2, 1935 $HOWMEN*§ REVIEWS This department deals with new product from the point of view of the exhibitor who is to purvey it to his own public Thanks a Million ( 20th Century-Fox-Zanuck ) Comedy Exactly what the title says is just what voices of pleased exhibitors^ and audiences should echo unanimously when this picture is pre- sented. It's sock amusing entertainment from start to finish. The showmanship-exploitation availability is so plainly apparent in every phase that even the most thoughtless cannot help but see it. It is a combination of entertainment and commercial elements dually providing buyer and seller with the most desired essentials — personalities, rib-tickling comedy, farce drama, lilting catchy music, topical timeliness, appealing human love interest, finely mounted production quality, smartness of direction in handling dia- logue, action and situations, specialty features, a unique racing-singing anticlimax and a sur- prise finale. "Thanks a Million" is a story of a new kind of political campaigning, but it's not an ordinary political story. For a plot : Fred Allen sells gubernatorial candidate Raymond Walburn's campaign managers the idea of using his stranded band troupe as a crowd- drawing ballyhoo. Voters flock in amazing numbers to hear this new kind of bushwhacking, lured by the charm of Dick Powell's singing and the class of the supporting show. Wal- burn's addiction to the juice of the forbidden fruit proving too much for his sponsors to stand, they sidetrack him and put Powell up in his place. Enters the eternal triangle with Mrs. Boss Krueger trying to do a little philandering to drive a wedge between the sweethearts, Powell and Ann Dvorak. Comes Powell to put the blast on his new found friends, exposing his candidacy as just another trick of the same old boodlers to grab the spoils. Follows his finding of the fleeing Ann Dvorak and the singing-race to get to the state line as a whole horde of motor cops are in hue and cry, and the hilarious finale when Powell finds that despite his revealing tirade he has been elected governor. That's the story, but quite naturally it cannot picture all the fun and frolic. Not by any means does it describe the heart-touching romance of Powell and Miss Dvorak. Nor does it tell of any of the fun in dialogue and action by Fred Allen, Patsy Kelly and Raymond Walburn. Nor does it reveal the drama of the conniving politicians, Alan Dinehart, Andrew Tombes, Edwin Maxwell and Paul Harvey or their opposition party rival who import Paul White- man and his band and Ramona as an offset to Powell's stunt. Nor does it tell of Margaret Irving's disillusionment when Powell takes her for what she says she is. At the same time, the story cannot tell anything of the hilarious singing and acting contributions of The Yacht Club Boys and Benny Baker. It doesn't include mention of Powell's singing "Thanks a Million," ".Sittin' High on a Hilltop" and "I've Got a Pocketful of Sunshine," numbers to regale audiences and matched by the trio rendered by the Yacht Club Boys. As the show is comedy, all fun and laughter, with only a couple of serious moments, it's the kind of entertainment patrons should enjoy. As soon as the first few who see it start talking, the rest should follow. But there's no need to wait for or depend upon word-of-mouth adver- tising. The picture undoubtedly will be in the air, people awaiting it expectantly long before it is played. While everything required to bring them in in large numbers is at anyone's disposal to be used in all the old and every new show- manship way, there's no justification for get- ting over-confident. Plenty of work will be required to let potential patrons know all the entertainment this has in store for them. The more convincingly they are told the better re- turns should be. — McCarthy, Hollywood. Produced and distributed by Twentieth Century-Fox. A Darryl F. Zanuck production. Directed by Roy Del Ruth. Screen play by Nunnally Johnson. Photo- graphed by Pevcrell Marley. Art director, Jack Ot- terson. Film editor, Allen McNeil. Costumes by Wil- liam Lambert. Sound, Eugene Grossman, Roger Heman. Musical direction, Arthur Lange. Musical numbers: *'Thanks A Million,*' '*Sittin* High on a Hilltop" and "I've Got a Pocket Full of Sunshine." sung by Dick Powell; composer, Arthur Johnston; lyricist, Gus Kahn. "Maid of New Orleans'' played by Paul Whiteman and Band; sung by Ramona and the King's Men; melody by Arthur Johnston; lyric- ist, Gus Kahn. "Sugar Plum" sung by Ann Dvorak and Patsy Kelly; composer, Arthur Johnston; lyric- ist, Gus Kahn. "The Alphabet Song," "Square Deal Party" and "Ridin' Over Hill and Dale," sung by Yacht Club Boys; words and music by Yacht Club Boys. P.C.A. Certificate No. 1545. Running time, when seen in Hollywood, 86 minutes. Release date, November 1, 1935. General audience classification. CAST Eric Land (A Crooner in Lyman's Troupe) Dick Powell Sally Mason (A Dancer) Ann Dvorak Ned Lyman (Leader of the Vaudeville Troupe) Fred Allen Phoebe Mason (Sally's Dancing Partner') . .Patsy Kelly Paul Whiteman and Band with Ramona Judge A. Darius Culliman (Candidate for Governor) Raymond Walburn RubinofT RubmofT Yacht Club Boys Yacht Club Boys Tammany (Drummer in the Lyman Band) Benny Baker Mr. Glass (A Politician) Andrew Tombes Mr. Kreuger (Boss of the Square Deal Party) Alan Dinehart Maxwell (His Lieutenant) Paul Harvey Mr. Casey (Another Politician) Edwin Maxwell Mrs. Kreuger Margaret Irving Governor Wildman (Opposition Party) Charles Richman Ship Cafe (Paramount) Romance with Music Well produced, sticking closely to the the- atrical recipes that make for mass entertain- ment, this picture offers much to amuse patrons and much to occupy showmanship inclinations. With action the outstanding quality, the story is a smartly contrived comedy romance built about a unique situation. While embellished with specialty music and dancing, emphasis is continually focused on comedy. Essentially, although the idea is not thought- lessly shoved to the fore, the yarn has a dis- tinctive he-man quality. Preserving this charac- ter, comedy contrast and musical interludes together with the appeal of on-again-off-again love interest so color the feature that there is a coherent diversity of amusement to please the fancies of varying tastes. Presented in a manner that creates the im- pression that something unlooked for is al- ways going to happen, the picture follows tlirough on this idea by having plenty that is unanticipated occur to capitalize nicely the amusement-exploitation value of these qualities. The story is that of a singing stoke hold ' coal heaver whose fiery temper and hatred of a dainty nickname both get him into a peck of trouble and make him a prized night club attraction. Jailed following a coal shovel swinging duel, the result of someone calling him Dimples, Briny gives Anderson the job of bouncer in his Ship Cafe. Falling in love with star entertainer Ruby, a straight romance that has its comedy counterpart in the antics of Briny and Molly, Anderson becomes a singing success while pinch-hitting for Davis. His old nemesis, the Countess, gets him into an- other jam, this time with champ Rocky Stone, an incident which, while great for the cafe's business, changes Anderson's outlook. Appar- ently falling hard for the Contess, though only trying to do what Ruby has urged him, he accepts her bid to become the big shot of a swank club which a friend of hers is to open. But as the Countess only makes a gigolo of him, Anderson, following a satirical ribbing by Ruby and Molly, walks out on the arrange- ment. Wanting only the freedom of the wind- blown sea, he makes his way back to reno- vated Chip Cafe to be enthusiastically wel- comed by Briny. But in the meantime his second mate's papers have arrived and as he gets a job on a sailing vessel. Ruby, who real- izes he is passing out of her life forever, rushes after him, only to be dunked in the ocean a couple of times before she winds up in his arms. In the picture audiences will see a hereto- fore unrevealed Carl Brisson, a fact accept- able to showmen also, as his part here does more for him as an attraction than any of his previous pictures. While he has several songs to please those who like his singing, the he-man character of his role, which in its romantic angle has a human interest twist, justifies his being given much publicity attention. Other players, mainly Arline Judge, William Frawley and Inez Courtney, should be given the benefit of intensive plugging. In general a brand of publicity that estab- lishes the picture as something vividly new and different in the line of fast moving enter- tainment looks to be the medium that will arouse most interest. There's plenty with which to work and segregating the values that will have most local influence should bring the best results. — McCarthy, Hollywood. Produced and distributed by Paramount. Produced by Harold Hurley. Directed by Robert Florey. As- sistant director, Vernon Keays. Original screen play by Harlan Thompson and Herbert Fields. Music and lyrics by Ray Noble. Harlan Thompson and Lewis E. Gensler. Sound, A. W. Singley. Film editor. James Smith. Art directors. Hans Dreier and Earl Hedrick. Photographed by Theodor Sparkuhl. P.C.A. Certifi- cate No. 1612. Running time, when seen in Holly- wood, 73 minutes. Release date, November 1, 1935. General audience classification. CAST Cluis Andersen Carl Brisson l^"''y Arline Judge Countess Boranoff Madv Christians Briny O'Brien William Frawley Eddie D.ivis Eddie Davis Molly Inez Courtney Rocky Stone Gmnt Withers nonoyan Harry Woods Dnncmg Teacher T.ita Chevret 5."^ Beulah RTcDonald f?o"ald David Newell Gerald James Murray Shm (Bartender and Waiter) Irving Bacon Harry (Pianist) Fred'Warren Jimmy Douglas Blackley November 2, 1935 MOTION PICTURE HERALD 57 Turn of the Tide (British National Films) Sea Drama P^irst feature of a new British unit, "Turn of tlie Tide," promises well for its producers, who have certainly struck a new story note and, in the technical sense, achieved a definite and original success. Box office appeal does not reach the same standard, the dramatic values being overweighted by a background excellent in itself but possessing "documentary" rather than entertainment appeal. The story traces the development of a feud between two families of fishermen on the York- shire coast. The Fosdycks have been established in the village for generations ; the Lunns only recently have come from another village twenty miles away, and are called "foreigners." Feeling is further embittered by the fact that the newcom- ers are progressive, fit a motor engine to their boat and go out after catches which the others are afraid to attempt. Old Isaac, head of the Fosdycks, is most bitter against the Lunns and threatens to turn his granddaughter, Ruth, out of his house when she falls in love with young John Lunn. In the end, however, the Hfeboat salvages a stranded steamer, the Lunns and Fosdycks agree to pool their prize money and buy a steam trawler and the old man is made captain and withdraws his opposition to the love match. The sea scenes are magnificently done, with the relief of the stranded steamer a high spot, and throughout there is an authenticity of at- mosphere which is facinating if one is content to accept a cross-section of life in a primitive community as substitute for more conventional plot values. — Allan, London. Produced by British National Films. American distribution not determined. Directed by Norman Walker. From the novel "Three Fevers," by Leo Walmsley. Running time, 80 minutes. General audi- ence suitability. CAST Isaac Fosdyck J. Fisher White Tindal Fosdyck Moore Marriott Luke Fosdyck Wilfred Lawson Ruth Fosdyck Geraldine Fitzgerald John Lunn Naill Macginnis Marney Lunn John Garrick Henry Lunn Sam Livesey Amy Lunn Joan Maude Paddy O'Day (20th Century -Fox) Comedy Drama Clean and attention holding, this music tinged comedy drama stacks up as a pleasing entertain- ment and showmanship feature. It's the story of a little girl, played by a little girl, in which the comedy is always light and gay, the drama just dramatic enough in its power to stimulate suspense and the interluding music and danc- ing just effective enough to assure proper bal- ance. Well written, capably directed, with all the players, particularly the star, contributing convincing performances, the show moves evenly and spots its various punches just where they will do most good. Traveling alone to America, little Irish col- leen Jane Withers makes friends with a group of Russians, Tamara, Popuska and Momuska, during an entertainment in the ship's steerage. Landing, the child is heartbroken to find that her mother is not there to meet her and that something has happened to prevent her leaving the ship. A comedy situation contrived to effect her escape from Ellis Island, the child encounters various entertaining adventures in making her way to the house in which her mother was employed. Despite the warnings of the icy maiden ladies, Flora and Emma Ford, and the fears of butler Benton, Dora takes the child in and tells her that her mother is dead. More comedy, including a wild chase featur- ing the Ford cat and Jane's dog, finally lands the child in Ray Ford's room. Taking her to heart at once, he issues instructions that the little lady is to be treated as one of the family. Come Mischa and Tamara, seeking news of the child, only to have Mischa in a sparkling com- edy sequence make a different man of moss- backed Ray. Moving into the Cafe Petrovitch, in which Ray has become a very modern-minded partner, Jane is the featured member of a group of Russian entertainers as the immigration officers finally catch up with her to deport her. But Officer McGuire has a heart big enough to overcome his sense of duty and when he sug- gests that if someone adopts the child she can stay, Ray and Tamara reveal that they have been married and that they will make the child theirs. Not only does the production make available the worth of a good and interesting story for showmanship purposes, but it features little Miss Withers in several singing and dancing numbers ; Rita Cansino is similarly presented, and Pinky Tomlin in a specialty song number, while a surprisingly pleasing comedian is un- covered in George Givot. Given the benefit of an aggressive campaign, the show has attrac- tive qualities to offer. — McCarthy, Hollywood. Produced by Fox Film. Distributed by Twentieth Century-Fox. Executive producer, Sol M. Wurtzel. Directed by Lewis Seller. Screen play by Lou Bres- low and Edward Eliscu. Music by Harry Akst and Troy Sanders. Lyrics by Sidney Clare and Edward Eliscu. Song, "Cbanging My Ambitions," by Pinky Tomlin. Photographed by Arthur Miller. Art direc- tor, Duncan Cramer and Lewis Creber. Dances staged by Fanchon. Film editor, Al De Gaetano. Costumes, Helen Myron. Sound recorder, Al Bruzlin. Musical director, Samuel Kaylin. P. C. A. Certificate No. 1665. Running time, when seen in Hollywood, 73 min- utes. Release date, January 21, 1936. General audi- ence classification. CAST Paddy O'Day Jane Withers Ray Ford Pinky Tomlin Tamara Petrovitch Rita Cansino Dora Jane Darwell Mischa George Givot Immigration Officer McGuire Francis Ford Aunt Flora Ford Vera Lewis Aunt Jane Ford Louise Carter Benton Russell Simpson Popushka Petrovitch Michael Visaroff Momushka Petrovitch Nina Visaroff Born to Gamble (Majestic) Drama The effect of an inherited gambling taint on four grandsons of a western gambler is the pro- vocative theme of this picture, which may be used for exploitation purposes. The gambler is killed in a duel as the result of his last bet. His daughter marries and has four sons who inherited the gambling urge with disastrous consequences. One of the sons is lost with the Lusitania, after taking passage on the doomed liner on a bet. Another is murdered by a boot- legger's gang. The third commits suicide after losses in the stock market, and the fourth, in avenging the death of his murdered brother, is involved in the killing of a notorious gangster. The mother dies brokenhearted, and the father is haunted by the tragedies. Adapted from Edgar Wallace's "The Greek Poropulos," this picture has some very dramatic movements and the cast turn in some very meritorious performances. Emphasis on the name of Edgar Wallace is indicated in the sell- ing campaign. And, as mentioned, there is the question, "Can a fondness for gambling be inherited?" The cast is headed by Onslow Stevens and includes such well known players as H. B. Warner, Maxine Doyle, Eric Linden, Lois Wilson, William Janney and Ben Alexan- der. Stevens plays a dual role, that of the western gambler and the fourth son, who finally suc- ceeds in ridding himself of the betting habit, easing his aged father's last days. The direc- tion keeps the picture moving at a lively pace and photography is good. H. B. Warner, wealthy clubman, in his con- tention that settling any controversy by gambling is futile, draws from the history of his family to prove his point. He describes the un- timely death of his father-in-law as the result of a bet in Colorado in the 1860's. Warner tells of his marriage to Lois Wilson, the gambler's daughter, and their four sons. As youngsters his sons had been constantly in hot water, bet- ting with the neighbors' children and even play- ing dice in the nursery. As they grow to manhood the gambling urge became stronger. Paul the first born (Ben Alexander) forges his father's name to checks. Fred (William Janney) is expelled from college for organizing a football betting pool. Shame and humiliation break the mother's heart, and a few years later she dies. Warner gathers the boys together once a year at a dinner to honor the anniversary of their mother's death. It is at one of these dinners that we find Alexander, an aviator, planning to sail on the Lusitania and enlist in the Lafayette Esquadrille. He chooses the Lusitania to win a bet with a friend. Jan- ney is a broker in Wall Street specializing in shady deals. Earl (Eric Linden) has just ob- tained a loan of $5,000 as his contribution towards a bootlegging career. Henry (Onslow Stevens) is still at college. Stevens, the only one of the boys of more sober mien, changes completely after Linden is murdered. Frequenting the race track and drinking a good deal, he becomes a friend and partner of a notorious gangster. Fixing prize fights and wrestling matches, the partnership thrives financially. Betting all on one of the supposedly fixed fights, the gangster is cleaned out. He accuses Stevens of double cossing. Stevens retaliates by accusing the gangster of the death of Linden. The gangster is shot by an unknown person while arguing with Stevens. Stevens is accused but is acquitted. Stevens takes charge of his father's piano business and saves it from bankruptcy, after which he mar- ries Maxine Doyle. — Mooney, New York. Produced and distributed by Liberty. Producer, M. _H. Hoffman. Directed by Phil Rosen. Story continuity and dialogue by E. Morton Hough. Sug- gested by "The Greek Poropulos" by Edgar Wallace, Associate producer, M. H. Hoflfraan, Jr. Photog- raphy by Gilbert. Warrenton. Production manager Rudolph Flcthhow. Film editor, Mildred Johnston Recorded by Harold Bumbaugh. P. C. A. Certificate No. 970. Running time, 65 minutes. Release date, July 10, 1935. Adult audience classification. CAST "Ace" Cartwright ) Onslow Stevens Henry Mathews ) Carter Mathews H. B. Warner Cora Strickland Maxine Doyle Earl Mathews Eric Linden Paula Mathews Lois Wilson Fred Mathews William Janney Paul Mathews Ben Alexander Al Schultz Lucien Prival His Night Out (Universal) Comedy Hokum comedy, featuring a player whose forte is this brand of entertainment, "His Night Out" is promising as both an engaging audi- ence attraction and an interesting showmanship feature as well. With the widely known name of Edward Everett Horton as its keystone, a campaign assuring patrons that the picture should afford them some of the merriest mo- ments ever enjoyed can easily be adapted. Ma- terial for this is found in significance of the title, entertainment worth of story content, prestige of supporting players and merit of sup- plementing production values. Horton's role is characteristic. He is a jit- tery purchasing agent deathly afraid of his boss, Robert McWade, and timidly in love with office girl Irene Hervey. Also he has an imag- inary illness which leads him to sample all cure-all pills and become easy meat for quack doctors. Simultaneously with McWade's preparing for a merger and having a fortune in the safe with which to put the deal through, Horton is vic- timized into believing that he has only a few months to live. His troubles fade, however, when he learns that his sweetheart's little brother needs an expensive operation, which Horton, secretly heroizing himself, guarantees. Then, believing his days are numbered, he em- barks on a grand spree with Irene that amazes even his frugal heart. In the meantime, Mc- Wade's bonds are stolen. Irene things that's TOWER THEATRE KANSAS CITY $500 over average on opening day against keenest opposition in months / BRANDEIS THEATRE OMAHA Hundreds turned away/ Holdouts every show/ Topping "It Happened One Night"/ LATEST tPORT ORPHEUM THEATRE DES MOINES Exceptional opening/ Packed morn to night/ GEimGElKFT "SheOmM riih WALTER CONNOLLY • BILLIE BURKE • ^"-'«i*yrayGar.e« a B. P. Schulberg production < FOX THEATRE DETROIT Smash Opening/ Standing five deep at all shows/ FROM SEVEN TEST ENGAGEMENTS ... AS COLUMBIA'S NEW LAJJGH HIT SWINGS INTO ^iG^^mkOSS ACTION/ PALACE THEATRE CINCINNATI Topping money marks of the biggest pictures/ ORPHEUM THEATRE SAN FRANCISCO Way above average / Reaction tremendous / 'Mi ORPHEUM THEATRE NEW ORLEANS First day beats "One Night of Love" by $400 / "Fa ^ *« Will, ** into JOAIM BEIVIMETT A COLUMBIA PICTURE 60 MOTION PICTURE HERALD November 2, 1935 how Horton got his money, and to protect him, confesses to the theft. To shield her, Horton confesses that he's the culprit. His jailing gal- vanizes Miss Hervey into action. Now comes a comedy gangster atmosphere, with Miss Hervey doing a little inside investi- gating. Gangster Jack LaRue, who stole and has the hot bonds, becomes convinced that Hor- ton is in cahoots with his rival in crime. Arch Robbins. To complete his coup, LaRue bails Horton out, but is unable to get any informa- tion out of him after a thorough beating up. The gangster gets identities mixed up, and in the hokum, action, laugh-packed anticlimax, Horton not only puts the finger on the thieves but surprises himself by recovering the bonds. Follows the happy romantic ending, the discov- ery that the supposed invalid is healthy and the promise of swell job that assures married life being a beautiful thing. One of those pictures to which ordinarily not much attention is devoted, a smart adaptation of what is provided can be expected to win the average patrons. Build for big first presenta- tion audiences and word-of-mouth advertising should be highly beneficial to subsequent shows. — McCarthy, Hollywood. Produced and distributed by Universal. Associate ' producer, Irving Starr. Directed by William Nigh. Photographed by Edward J. Snyder. From a story by Charles Christensen. Art director, Ralph Berger. Screen play by Doris Malloy and Harry Clork. Film editor, Daniel Mandell. Assistant director, Phil Karl- stein. Sound supervision, Gilbert Kurland. Gowns by Brymer. Editorial supervision, Maurice Pivar. Music score by Franz Waxman. P. C. A. Certificate No. 1566. Running time, when seen in Hollywood, 72 min- utes. Release date, October 21, 1935. General audience classification. CAST Homer Edward Everett Horton Peggy Irene Hervey Davis Robert McWade Ferranza Jack LaRue Trent Willard Robertson Dr. Kraft Oscar Apfel Lola Lola Lane Nurse Virginia Howell Dr. Singer Jack Norton Timmie Billy Burrud "Dryer Rollo Lloyd Gardner Jack Carnevale Lanky Ward Bond Beef Dewey Robinson Parsons Theodore Von Eltz Spanner Arch Robbins Bodyguard Charles Regan Policeman Jack Kennedy Detectives Eddie Chandler and George Cleveland Also, Clara Kimball Young, Jack Mulhall, Priscilla Lawson- Nan Grey and Diana Gibson. Transatlantic Tunnel (GB) Drama An inkling of what the future may hold in store for the English speaking nations, prima- rily England and America, is contained in this dramatic picture. Produced with foresight and vision, the production definitely gives the ex- hibitor something to talk about and to sell. The building of a tunnel between London and New York, entirely credible due to the excellent direction of Maurice Elvey, is the gigantic un- dertaking of the future carried to its comple- tion after heartbreaking and almost insurmount- able odds. Then, too, there are pictured other fancied devices in accord with the times to come, television and aircraft similar to the auto- giro of today, but capable of spanning the At- lantic swiftly and comfortably, depositing its occupants in the heart of a city. A sequence, as novel as it is powerful, shows Congress and Parliament meeting simultane- ously in Washington and London with the President of the United States addressing both Congress and Parliament and the Prime Minis- ter of England in a similar situation made pos- sible by television. Walter Huston portrays the President, and George Arliss, the Prime Minister. The cast is headed by Richard Dix and in- cludes Leslie Banks, Madge Evans, Helen Vin- son, C. Aubrey Smith and Basil Sydney. Dix is here in the vigorous type of role which has brought him his widest following. Lie is cast as a hard driving, relentless engineer interested only in the completion of his brain child, the tunnel. Leslie Banks portrays Robbie, associate engineer and close friend of Dix. Dix conceives the project of building a trans- atlantic submarine tunnel linking New York with London. A group of international finan- ciers agree to back him. The project begins with two crews working toward each other, one from the New York end and one from London. With danger everywhere, the work goes on, driven by the relentless will of Dix. Dix's wife (Madge Evans), jealous of the demands made on Dix by the tunnel and of rumors linking him with the daughter of one of his financial backers, leaves him. Dix, unaware of the true situation, blames his friend Banks. Death, tragedies and finally manipulation of the stock market, which causes a crash in Tun- nel stocks, stop work temporarily on the tunnel. With the help of Helen Vinson, who intercedes on behalf of Dix, one of the backers agrees to put more money into the project. With the recommencement of the work, Dix's son joins the tunnel workers. Nearing the meeting point, the radium drill, boring through the ground, encounters a seething submarine volcano. Hun- dreds are killed, including Dix's son. The tragedy reunites Dix and his wife and friend- ship with Banks is restored. Showmanship values in the picture are many, but emphasis on its uniqueness and the possi- bility of it happening in the future, plus capital- izing on the drawing power of Richard Dix and the featured names of the cast, seem to be the best selling factors. It is a picture with appeal for adults and youngsters alike. — Mooney, New York.- Produced and distributed by GB. Directed by Maurice Elvey. Adapted from the novel by Bernhard Kellerman. Screen story, Kurt Siodmak. Scenario and dialogue, L. du Garde Peach. Additional dialogue, Clemence Dane. Photography, G. Krampf. Editor, Charles Frend. Art director, E. Metzner. Recordist, M. Rose. Musical director, Louis Levy. P. C. A. Certificate No. 0710. Running time, 94 minutes. Re- lease date, October 27, 1935. General audience classi- fication. CAST McAllen Richard Di.x Bobbie Leslie Banks Ruth Madge Evans Varlia Helen Vinson Lloyd C. Aubrey Smith Mostyn Basil Sydney Grellier Henry Oscar Mary Hilda Trevelyan Harriman Cyril Raymond Geoffrey (grown up) Jimmy Hanley President of the U. S Walter Huston Prime Minister of England George Arliss I Found Stella Parish (Warner ) Drama This is a drama of mother love, a story of devotion, fear, sacrifice, heartache and, finally, inspired triumph. Keyed to a serious human interest pitch, its emotional appeal is aimed directly at arousing the most sympathetic sensi- bilities. Essentially it is a woman's picture, yet its other principal ingredients — romantic love interest and novelly contrived mystery — give it a character for general audience attention if the values are properly established. While certain phases and incidents can be adapted to ballyhoo exploitation, the funda- mentals are such that can be most efficiently commercialized through carefully thought out and sincerely worded advertising and publicity copy. Though a child plays an important part in the story's development, the subject matter is probably a little too deep for immature minds and thus of little interest to juveniles. Sold, however, as an adult attraction, the full force and power of the theme can be made evident. In the beginning Stella Parish is the most be- loved actress appearing on the London stage. Adored by millions, dear to the heart of her producer, Stephen Norman, all her thoughts are devoted to the welfare of her child, Gloria, whose existence she has kept a close secret, trustin.g the knowled.ge only to nurse Nana, At the height of her triumph comes the men- ace of her estranged husband, blackmail bent, threatening to wreck every illusion and dream that is dear to Stella. To escape it, to protect the child more than herself, Stella flees. Norman, shocked at the disappearance of his great star, calls upon news- paper man Lockridge to aid him in finding her. Tnterludcd by a bit of action aboard a trans- atlantic liner, Lockridge, through Gloria, is sure that he is on the trail of Stella. In New York, a newspaperman at heart but gradually falling in love with the disguised Stella, he is still on the trail of a sensational story. Comes the blow off when Lockridge's story, publicized in in England, is flashed back to America, which gives Stella the impression that the friend she had trusted had been playing with her affe>. tions just to get a sensational yarn. Revealing herself as what she actually is sup- posed to be, a pardoned but innocent murderess, in the meantime putting the child out of her life, she becomes a theatrical sensation, but as yesterday's flaming headlines grow cold she gradually sinks lower and lower in the profes- sion scale, eventually becoming a side attrac- tion to a cheap burlesque show. There she is found by Norman, who convinces her that the British want her back. Set in the role from which she fled, she is fearful of what will hap- pen, until looking out from the wings she sees little Gloria sitting in a loge. The inspiration of her presence enables her to give a perform- ance eclipsing any previous appearances. With England's theatregoers at her feet, she finds happiness and love with Lockridge. — McCar- thy, Hollywood. Produced and distributed by Warner-First National. Directed by Mervyn LeRoy. Assistant director. Bill Cannon. Photographed by Sid Hickox. Art director, Robert M. Haas. Film editor, Wm. Clemens. Screen play by Casey Robinson. From a story by John Monk Saunders. Gowns by Orry-Kelly. Musical director, Leo F. Forbstein. P. C. A. Certificate No. 1550. Running time, when seen in Hollywood, 78 minutes. Release date, November 16, 1935. Adult audience classi- fication. CAST Stella Parish Kay Francis Keith Lockridge Ian Hunter Stephen Norman Paul Lukas Gloria Sybil Jason Nana Jessie Ralph Clifton Jefifords Barton MacLane Dimmie Eddie Acufif Chuck Joseph Sawyer Reeves Walter Kingsford James Harry Beresford Jed Duffy Robert Strange Show Them No Mercy (20th Century - Fox) Drama Melodramatic as it capitalizes the entertain- ment and 'commercial worth of gangster versus G-man conflict, this picture embellishes that quality with stark but believable human drama. Fast moving and convincing in premise, dia- logue and action, assets which fine performances by the entire cast greatly enhance, the show has an appeal that, with merely the aid of a sketchy publicity campaign, should make a deep impression. The ingredients of the novel pow- erful drama are those with which the public has become familiar through other pictures and news events. But the drama, diverging radi- cally from formula and thus setting the picture entirely apart from any predecessor, is the peg upon which bids for popular interest can be most effectively based. The story indicates the character of applica- ble showmanship. Melodrama colors the open- ing as a kidnap ransom, paid against advice of Justice Department men, convinces the crimi- nals that theirs is a perfect undetectable crime. Switching, the picture takes on a sympathy stimulating quality as a young couple, Rochelle Hudson and Edward Norris, and their baby seek refuge from a storm in a deserted farm- house and are surprised to find the kitchen well stocked with needed foodstuft's. It plunges into its dramatic melodrama when the kidnapers ar- rive to divide their loot and make the little family prisoners. Most vicious of the group, Bruce Cabot wants to kill them immediately. As Edward Brophy and Warren Hymer con- tribute charaicteristic tension-easing comedy, ringleader Cesar sees in Norris a medium of spending the supposedly untraceable money. At- tempting this, the gang discover they have fallen into a trap as, parallelin.g a recent sensational case, the G-men have so arranged the currency that its serial numbers are positive clues to the criminals. Panic stricken, the gang start to quarrel among themselves and with menacing Cabot THE NEXT WONDER OF THE WORLD IS THE WONDER OF THE MOVIE WORLD Roxy • • • biggest theatre in the world • • . forced to stop selling tickets . . • 3 p. in« . « • opening day . • . This box office wonder • • • doing wonders • • • in 78 day and date keys NEW YORK LONDON Maurice Elvey, Director. Based on the story by B. Kellermann Roxy needed 8 box offices • • • for GB's 8 Star Special • • • and so will you. Held over . . . natural lyl Physical Distribution • Fox Exchanges Canada, Regal Films, Ltd. 62 MOTION PICTURE HERALD November 2, 1935 threatening to make good his determination to kill the family, suspense builds in seething style. Attempting a getaway, Brophy is killed, but Cabot makes his way back to the hideout. Later Hymer is killed by officers as he attempts to pass one of the bills. In the house, murderous Cabot plays Romero, but, in attempting to kill the family, he is sensationally machine-gunned by Miss Hudson. While it would be inadvisable not to take full advantage of the entertainment sock of the gangster-G-man basis of the picture, it seems that the element that would surely add to its commercial success would be an intelligent con- centration on the drama of the little family held prisoner. It is not a secondary quality, as in any analysis it is the hub about which all else turns. As such it provides something different to talk about. This can be done not only through straight-from-the-shoulder publicity copy, but also by way of ballyhoo exploitation, suggestions for which are almost unlimited.- — McCarthy, Hollywood. Produced and distributed by Twentieth Century-Fox. A Darryl F. Zanuck production. Directed by George Marshall. Associate producer, Raymond Griffith. Original story and screen play by Kubec Glasmon. Adaptation, Henry Lehrman. Photographed by Bert Glennon. Art director, Jack Otterson. Film editor. Jack Murray. Costumes by Arthur M. Levy. Sound, W. D. Flick, Roger Heman. Musical direction, David Buttolph. P. C. A. Certificate No. 1547. Running time, when seen in Hollywood, 75 minutes. Release date, November 29, 1935. General audience classifica- tion. CAST Loretta Rochelle Hudson Tobey Cesar Romero Pitch Bruce Cabot Joe Martin Edward Norris Buzz Edward Brophy Gimp Warren Hymer Kurt Hansen Herbert Rawlinson Gus Hansen Robert Kleckler CHfford Qiarles C. Wilson Chief Haggerty William Davidson Reed Frank Conroy Mrs. Hansen Edythe Elliott Willie William Benedict Judge Fry Orrin Burke Lester Mills Boothe Howard Doctor Peterson Paul McVey Frisco Kid (Warner) Melodrama An action thriller from first sequence to fade- out, there's enough vivid punchy entertainment in this to interest anyone and more than enough showmanship potentialities with which to sell it. What is required for both purposes is found in worth of story account, class of substantiating production effects, the manner in which both are combined to maintain continual renewed interest, and quality of cast in star and sup- porting names. It is a story of San Francisco's now legend- ary but once notorious Barbary Coast. As it is presented, in an air of convincing realism, time moves backward and there is believable authenticity to its raucous, vibrant, sometimes sordid but always colorful, melodrama ; the sur- prising tender quality of its love interest and the comedy's human humor. The surge of its pulse-tingling action is in the full spirit of the Barbary Coast that either memory or imagina- tion conjures. Fact is blended with fiction to make the show. Though the feature, in substantiating produc- tion detail, is elaborate and thorough in its pictorial description of all the conflicting emo- tional cross-currents that made the Coast such a scarlet spot, the motivating story is compara- tively simple. Basically it's the story of Bat Morgan and his adventurous career in the organization and demolition of the Coast. A shanghaied sailor, he escapes his captors to kill the murderous de- spoiler of men. Duck, in a fierce barroom brawl. Then he's Bat, the nation's first racketeer czar, the lust for money and power permeating his soul and merging under his control all the vicious features, gambling dens, the lowest kind of dives that were part and parcel of the Coast. Colorful to a high degree, this element has an unusual romantic counterpart. First through sympathy for Jean, daughter of a murdered newspaper publisher, Bat comes to see the way she sees and to love her. Even his stirring con- flicts with Morra, ambitious rival gambler, though great personal triumphs for Bat serve to weld a closer bond between the lovers. Un- willingly at first, his relations with Jean bring him into alliance with her crusading editor Ford. Comes the dramatic turning point when the righteous citizens, symbolized by the illustrious Vigilantes, rise in rebellion. At the crossroads, the way is marked clearly for Bat. His love for Jean proving more powerful than his selfish greed for wealth and power, he rides with the raiders as Morra is made their victim, the Coast is laid waste before the flames and Bat and Jean, sure now only of their great love for each other, visualize a great new San Francisco, the rebuilding of which will be the devotion of their future. Pulsating drama, the picture has been pro- duced with an intelligence that practically pre- cludes any objection to its fundamental vivid character. As it centers its theatrical license about events and incidents that are actual his- tory, it makes an honest effort to picture the combined elements in a realistic atmosphere. In this condition, understanding direction on the part of Lloyd Bacon has inspired James Cag- ney, Margaret Lindsay, George E. Stone, Ricardo Cortez, Fred Kohler, Donald Woods, particularly, and the remainder of the cast in general, to remarkable acting performances. The picture was enthusiastically received by the pre- view audience. The matter of its entertainment quality being an assured fact (though it is distinctly an adult feature) the question of shownianship should be given individual thought. It provides oppor- tunity for diversified campaigns in which spe- cial ballyhoo stunts, cooperative exploitation and straight printed copy can all fill an important part in revealing the production's colorfulness. — McCarthy, Hollywood. Produced and distributed by Warner Bros. Directed by Lloyd Bacon. Assistant director. Jack Sullivan. Photographed by Sol PoUto. Film editor, Owen Marks. Story and screen play by Warren Dufif and Seton I. Miller. Art director, John Hughes. Gowns by Orry- Kelly. Musical direction, Leo F. Forbstein. P. C. A. Certificate No. 1477. Running time, when seen in Hollywood, 78 minutes. Release date, November 30, 1935. Adult audience classification. CAST Bat Morgan James Cagney Jean Barrat Margaret Lindsay Paul Morra Ricardo Cortez Belle Morra Lili Damita Charles Ford Donald Woods Spider Burke Barton MacLane Solly George E. Stone James Daley Joseph King Coleman Addison Richards Judge Crawford Robert McWade McCIanahan Joseph Crehan Graber Robert Strange Slugs Crippen Josepher Sawyer Shanghai Duck Fred Kohler Tupper Edward McWade Jumping Whale Claudia Coleman The Weasel John Wray Two Fisted (Paramount) Comedy Laughs, particularly of the type associated with Lee Tracy and Roscoe Karns, should be the keynote of showmanship campaigns in han- dling this picture. The comedy is of the situa- tion type for the most part, but the lines are so punchy and are so aided by the deliveries of the two featured comedians, that the picture abounds in rib-tickling scenes. It is true that the film concerns the doings of a prize fighter and his fast-talking manager, but the principal motivating theme is domestic comedy drama that takes place in the home of "ultra-social people." The quality of story content alone, amply em- bellished with production values that provide correct atmosphere and with cast names such as Gail Patrick, Grace Bradley, Kent Taylor and Billy Lee, also suggests unique and lively showmanship. The story concern.s the misadventures, in a socialite's home, of a fighter and his manager who give up battling in the ring for buttling in a swank mansioti. The direction never allows the action to lag for a moment and it keeps the audience interest building right up to the climax. The picture is an adaptation from the play, "Is Zat So," which was a tremendous success on Broadway several seasons ago. Hap Hurley and his stumble-bum fighter, Chick Moran, are stranded — hungry and with no prospects of future fights — when they meet Clint Blackburn, wealthy socialite with a strong love for liquor. Clint invites his new friends to his home for a meal and helps them further by paying a taxi bill that had them stumped. On arriving at the palatial mansion of their benefactor they agree to sober him up and put him in first-class condition. When they dis- cover that his sister, Sue Parker, is having trouble with her estranged husband, who is trying to take their child in order to control the youngster's fortune, they decide to take jobs in the household in order to protect everyone. Hap appoints himself butler and makes Chick the second man. From here on the laughs fly thick and fast when the two try to do things in Emily Post's "correct way." To celebrate Clint's birthday a fight is ar- ranged between Chick and an unknown fighter, the battle to be staged in the drawing room. While everyone is crowded around the ring a ladder is discovered against the child's win- dow and his bed is empty. Chick kayoes his opponent, who is the leading contender for the title, to help search for the youngster, and the estranged husband arrives to further complicate matters since he was suspected of the kidnap- ing. The child is found in the garage, how- ever, staging a prize fight of his own. The father is forced to give up his fight for the child, consenting to award his wife a di- vorce, and the romance between Chick and Marie, the maid, comes to a happy ending. All in all, it's grand fun with plenty of laughs to please anywhere. — Baehler, New York. Produced and distributed by Paramount. Produced by Harold Hurley. Supervised by William T. Lackey. Directed by James Cruze. From an original by James Gleason and Richard Taber, adapted from the stage play, "Is Zat So." Screen play by Sam Hellman, Francis Martin and Eddie Moran. Art directors, Hans Dreier and Robert Odell. Photographed by Harry Fischbeck. Film editor, James Smith. P. C. A. Certificate No. 1272. Running time, 65 minutesr. Gen- eral audience classification. CAST Hap Hurley Lee Tracy Chick Moran Roscoe Kams Marie Grace Bradley Clint Blackburn Kent Taylor Sue Parker Gail Patrick Major Fitz-Stanley G. P. Huntley, Jr. Jimmy Billy Lee Mr. Pritchard Samuel S. Hinds Doris Pritchard Florence Lake Miss Adams Sarah Edwards Pinky Diifi^y Johnny Tndrisano Taxi driver Akim Tamiroff Briggs Irving Bacon Vitaphone Casino (Vitaphone) Entertaining An entertaining short, here are featured a group of vaudeville artists. Directed by Roy Mack and Joseph Henabery, this presents Paul Dukes in a legerdemain routine with cigaret. Babs Ryan and her two brothers do a piano and singing combination act. Buster West, in sailor costume, introduces his act in a flirtation with a girl, and leads into his comedy dance routine. The Radio Rubes entertain with hill- billy music. — Running time, 10 minutes. He's a Prince (Educational) Good Comedy Tom Howard and George Shelton, of Rudy Vallee's radio program, are here operating an oflice that supplies anything from a phoney rich relative to an Indian chief, for parties and emergencies. Howard signs to appear at a party as a visiting prince. His partner, not knowing of this, also takes a job at the same affair which will require him to poison the prince. The complications are laugh provoking and the two comedians do their work well. Audiences should be satisfied. — Running time, 17 minutes. \ QUALITY PLUS OF ALL the reasons for adopting a new raw film, photographic quality . . . what the audience sees on the screen... ultimately stands supreme. That explains why the great majority of today's motion pictures are being made on Eastman Super X Panchromatic Negative. Speed, fine grain, versatility . . . all of these are over- shadowed by the fact that Super X gives to the world's screens quality plus, Eastman Kodak Co., Rochester, N. Y. (J. E. Brulatour, Inc., Distributors, New York, Chicago, Hollywood.) EASTMAN SUPER X PANCHROMATIC NEGATIVE 64 MOTION PICTURE HERALD November 2, 19 35 THE CUTTING ROOM Advance outlines of producfions nearing completion as seen by Gus McCarthy of Motion Picture Herald's Hollywood Bureau BAR 20 RIDES AGAIN 'Paramount Made by Harry Sherman, whose two previ- ous western contributions to the Paramount program, "Hopalong Cassidy" and "Eagle's Brood," have been favorably received, this fea- ture is a furtherance of the entertainment quali- ty and potential showmanship that was part and parcel of those pictures. Additionally, it features William Boyd and Jimmy Ellison who, with Frank McGlynn, Jr., were the top per- sonalities of those pictures in the roles of Hopalong, Nelson and Red Connors. Geared to appeal not only to the outdoor ac- tion fans but also those who appreciate sound diversity in their entertainment fare, the fea- ture concentrates on elements that can be counted upon to satisfy. With the expected romantic contrast it's a yarn of cattle rustling bad men, terrorizing a country side. All goes well for them and their chief inspiration until the redoubtable Hopalong Cassidy decides to take a hand not only to insure the romantic feature of his pal, Johnny Nelson, but likewise to bring peace and security to the outraged ranchers. Preceded by a sensational cattle stampede, Hopalong, to the tune of dangerous and daring personal adventure, accomplishes his purpose. In addition to the names mentioned, Harry Worth is featured as the prime bad man and Ellison's romance centers about Jean Rouveral. Other players to be seen are George Hayes, Howard Lang, Frank Layton, Ethel Wales, J. P. McGowan, Paul Fix, John Merton and Al St. John. Showmanship similar to that which proved effective in selling the preceding features should be applied. that the picture, modernized in every way, re- tains all that proved so interesting in past pre- sentations, embellishing it with all the advan- tages which the modern screen and experience make possible. SEVEN KEYS TO BALDPATE Radio As an original stage play starring George M. Cohan and since made several times as motion picture entertainment, "Seven. Keys to Bald- pate" has emphatically demonstrated its amuse- ment and exploitation worth. A comedy mys- tery in idea, it includes all the fundamentals that have become formula to all succeeding similar type yarns, either comic or shudder-provoking in character. As a story within a story, it is demonstrative that the melodrama of real life, as well as human reaction to it, is more star- tling than that of fiction. Originally the story was by the late Earl Derr Biggers, creator of the currently popular Charlie Chan character ; a fact, that is an un- deniable showmanship asset. The locale is Bald- pate Mountain Inn, a dreary, windswept, de- serted summer resort to which comes a novelist seeking quiet and a place to write. He believes that he has the only key. Ensues a series of strange, weird and scary events that eventually prove that there are seven keys, which the pos- sessors all hope to use for reasons of their own, and these reasons make the story. The cast features Gene Raymond in the role of the novelist. Others are Margaret Callahan, who with Raymond shares the romantic angle ; Eric Blore, Molly Lament, Moroni Olsen, Grant Mitchell, Ray Mayer, Henry Travers, Harry Beresford, Emma Dunn and Murry Alper. Being directed by Edward Killy and William Hamilton, who recently teamed on "Freckles," a main point to include in all exploitation is INVISIBLE RAY Universal When Karloff and Bela Lugosi are co-fea- tured and the picture carries such a title as this, showmen and audiences can look for some- thing unique and powerful in the way of super- weird, nerve tingling, thrill entertainment. In digest here's an outline of what will be seen that one may gather ideas of how, in addition to name values, it may be marketed. In the hidden fastnesses of the Valley of the Moon, deep in Africa's mountains, Karloff dis- covers and partially controls an invisible ray in which are locked up all the destructive and some of the beneficial forces of cosmic creation. Pursuing his discoveries, he is horribly ds- figured and his wife, Frances Drake, who de- sires only to be faithful, finds herself falling in love with Frank Lawton. Lugosi, a not wholely trusted co-worker, discovers an anti- dote to Karloff's ghastly affliction. Later when Karloff has made his discovery scientifically available, the scene shifts to Paris. There, seeing the happiness of his domestic and pro- fessional establishment menaced, Karloff turns killer and embarks upon the destruction of friend and enemy alike, utilizing the forces of his invisible ray. His reign of terror is halted by the heroic action of his mother, who sacrifices his life rather than permit a madman to terrorize the world. The story, an original by Douglas Hodges and Howard Higgin, adapted by John Colton and directed by Lambert Hillyer, provides unusual material for Karloff and Lugosi. Pro- duction settings can be counted upon, in their scientific fantasy, to accentuate fully all the yarn's eerie gyrations. Naturally highly imaginative, but neverthe- less venturing into the realm of eagerly searched for scientific fact, the picture should be pro- ductive of a brand of showmanship that is as diverse in its power to attract attention in imaginative ways as the picture will seek to entertain in the same manner. YOUR UNCLE DUDLEY lOth Century-Fox No matter what the story, who produced it or who's in it, the mere notation of Edward Everett Horton's name in the cast seems to guarantee to the public that the show is worth their time and money. Long regarded as the busiest actor in Hollywood, the number of his appearances as leading featured player far outstripping that of any contemporary, there appears to have dawned a realization that his appearance is an automatic assurance of show- manship availability and entertainment satis- faction. Consequently, no matter what the character of this story, and it is a down-to-earth, homey, human comedy finely adapted to Horton's talents, he is the dominating interest stimulat- ing feature. Based on a stage play of the same title by Howard Lindsay and Bertrand Robinson, with adaptation by Dore Schary and Joseph Hoffman and screen play by the master humorist Allen Rivkin and direction by Eugene Forde, the feature potentially is an all-family attraction. As it combines light drama with its motivating comedy, it deals solely in ele- ments that make for understandable and be- lievable domestic entertainment — the kind that might and probably does happen in any family or community. With Horton, most recently in "His Night Out" relied upon to carry the greater share of the interest stimulating load, the remainder of the cast is more than adequate in its potential showmanship value. Listed are Lois Wilson, recently seen in "Cappy Ricks Returns" ; Rosina Lawrence, a popular young player fea- tured in "Charlie Chan's Secret" ; John McGuire, seen as the boy in "Steamboat Round the Bend" ; Alan Dinehart, previously with Horton in "$10 Raise" and now in "Thanks a Million"; Marjorie Gateson, William Benedict, Florence Roberts and Jane Barnes. SPLENDOR U A-Goldwyn A dramatic romance, this is also the story of a woman's love and sacrifice. Modern in con- text, localed in New York, it tells of the mar- riage of an idealistic but impoverished son of a de-fortuned family to an impecunious daughter of the Old South. The girl's mother, inimical to the marriage as it upsets her plans to restore the family's place in the social-financial sun, contrives to wreck it. Pushing the girl to the attention of a rich cousin, who also gives the young husband a job, a series of dramatic in- cidents leads to the wife being found in com- promising circumstances. The self-satisfied husband, believing that he alone is responsible for his success, becomes arrogantly inattentive, which forces his wife to leave his house. The husband, eventually realizing that both have been tricked, puts the falseness of his recent life behind him to follow his wife, beg forgive- ness and hope for opportunity to undo the wrong. Miriam Hopkins and Joel McCrea, currently in "Barbary Coast," have the featured leads. The role of the conspiring mother is played by Helen Westley with Paul Cavanaugh in the part of the other man. The supporting cast is of more than ordinary showmanship interest, as it includes such names as Billie Burke, Kath- erine Alexander, Ruth Weston, David Niven, Ivan Simpson, Arthur Treacher, now a feature of "Remember, Last Night," Torben Meyer and Reginald Sheffield. The story and screen play are originals by Rachel Crothers, whose screen contributions in- clude "When Ladies Meet" and "As Husbands Go." Direction is by Elliott Nugent. MEET THE DUCHESS Warner This production is adapted from an English stage play, with preparation for the screen being the work of F. Hugh Herbert and Charles Beldon. All the locales, and all the characters, save one who is an escaped Ameri- can jailbird, are British. In text it's the yarn of a group of ultra- sophisticated aristocratic relatives trying to ar- range the romantic future of a very headstrong and independently minded young widow. De- (Continued on page 66) OP ''The greatest motion picture circulation in the world and the only A.B.C. audited cir- culation in the field. High Brow! The other day an old school film salesman remarked to us: "Motion Picture Herald is a swell book, but it's too classy, too highbrow — they don't get it, etc." That, we deem, is a great compliment and a great error — a compliment too to the 13,844 showmen'^'' readers who so cheerfully and promptly pay three dollars a year to get it. Motion Picture Herald's standards of the printed page represent the normal evolutions of a journalism which has kept abreast of the best in the attainments of the art and industry which it serves. The nickelodeon is a fossil and along with it the journalism that served it. If "The Herald" does not go there, it isn't a theatre. For those who yearn for the sawdust on the floor and the carnival patois of the long ago there are fossiliferous journals to serve them. Motion Picture Herald is edited for the showmen of today, with the knowledge that the intelligence of its audience is as high as that of any numerically equal audience in the world. MOTION PICTURE HERALD 66 MOTION PICTURE HERALD November 2, 193b THE CUTTI (Continued from page 64) siring to map her own romantic future with a man who, aUhough an army officer, is never- theless a commoner, the conflicting situations lead to a lot of understandable theatrical action that has an established amusement and com- mercial value. In this connection the names of the players prominent in the story's narra- tion must be depended upon to carry a large share of the interest creating burden, inasmuch as experience with similarly grounded attrac- tions has demonstrated that inspiring enough popular reaction is not an easy proposition. As the comedy angles are the features that undoubtedly will be most eagerly searched for, these are to be found in the manner in which the hero and heroine manage to outwit her straight-laced relatives ; what happens to their prospective suitor after his proposal of mar- riage has been accepted; the way in which a pair of social climbers are put in their proper place ; the exciting happenings at an English amusement spa when a quiet day had been an- ticipated, and the antics of the American refugee in bringing about the happy ending. Dolores Del Rio and Warren William will be seen in the featured roles. Colin Clive is the ambitious rival for Miss Del Rio's affec- tions. Herbert Mundin and Louise Fazenda appear as the socially ambitious Marmalade King and Queen, with Ely Malyon, E. E. Clive and Mary Forbes as the trio who try to dic- tate the heroine's future. IT HAPPENED IN HOLLYWOOD Radio Aptly titled, the idea which is the substance of this story could happen only in Hollywood and on the screen. In content the story is a fast moving comedy, and while much of its act- ivity centers around the business of motion picture making with correlative behind-the- scenes accompaniment, it is not entirely a mo- tion picture, either satirical or burlesque. The story is an original by Thomas Dugan and Ray Mayer, a pair who should know what is required to amuse audiences. Direction is by Christy Cabanne, whose accomplishments need no detailing. Starting as a sinister gangster film, the pic- ture quickly and smartly takes on its true char- acter. The yegg, to have his bacon, has his face lifted in typical front-page fashion and kills the doctor who remade his features. Always having a yen to be a screen star, his new profile is just what the screen needs to create a new star. Preceding him to Hollywood is a nurse who becomes engaged to a cowboy actor and gets around the studios a lot. When the gang- ster^ makes his appearance and lands a part in a picture, the ex-nurse recognizes him. Con- fiding her discovery to the studio press agent, this worthv sees a grand chance for smash nublicity. The picture will be filmed showing the actual capture of a public enemv, he, of course, being completely in the dark. But what happens is not as anticipated. The gangster is taken, all right, but not in a way that anybody r-;',n anticipate. Wallace Ford is in the role of the press agent. Brian Donleavy. seen in "Barhary Coast," is the tranirster. Phyllis Brooks, now in "To Beat the Band," is the girl, Tnchided amonT the sup- norting cast are Molly Lamont, Erik Rhodes, Addison Randall. Oscar Apfel, Alan Hale, Charles Wilson and Frank Mills. MISS PACIFIC FLEET Warner No matter what the title might signify or whatever the reputation of this studio may he for glorifying the Navy, a glance at the names NC ROOM of the participating players quickly establishes this as a comedy, and in the title sense, one with a nautical background. Warren Hull and Allen Jenkins assist the principals, Joan Blon- dell and Glenda Farrell, last seen together in "We're in the Money." The story is by Frederick Hazlitt Brennan, whose reputation as a deft spinner of salty yarns is established by previous screen con- tributions as well as his features in popular magazines. It has to do with sailor boys and sailors' girls, whose antics and activities em- broil quite a few civilians. The central theme is a beauty contest to select Miss Pacific Fleet, which in its eventual choosing of Miss Blon- dell for the honor runs through a host of hilarious situations that make for typical popu- lar amusement. Romantic contrast to the comedy motivation has any number of sur- prising twists, all of which add to the funda- mental merriment. Being directed by Ray Enright, the screen play by Peter Milne concentrates on providing the featured players as well as those important in support with action and dialogue material in keeping with their screen characters. Thus the misses Blondell and Farrell are a pair of fast talking, resourceful young ladies ; Herbert is a dizzy civic worker and beauty contest pro- moter ; Minna Gombell is his ex-burlesque queen wife, now steeped in culture ; Jenkins is a slightly punch-goofy navy fight champion, and Warren Hull is the romantic marine hero. Geared to appease the popular appetite, the type of showmanship necessary to support the production is evident, with plenty of attention to name values, particularly in relation to past performances, and convincing hints that their efforts here should assure another laugh feast. MILLIONS IN THE AIR Paramount This production is a topical story of amateur hours that goes behind the scenes to show the complete colorful parade of amateurs with all their romance, drama and comedy, plus spec- tacular vocal, instrumental and orchestral music and dancing in a big time radio station. The yarn, the title of which has acute show- manship value, is an original by Sig Herzig, who collaborated on the screen play with Jane Storm. The music is the work of Frederick Hollander, with lyrics contributed by Leo Robin. Ray McCarey, who specializes in quick moving comedy, is director. For motivating purposes the story has two young folk trying to get on a radio program through the medium of amateur tryouts. Al- most an instant success, romance crops up for the pair, but complications arise as the boy dis- covers that the girl is a daughter of the pro- gram sponsor and he figures that it was her liking for him, not his ability, that boosted him up. Bent on revenge, he fixes things so that story builds to a walloping presentation of the greatest air wave show ever released. With the newcoming John Howard and Wendy Barrie in the leading roles, the cast includes a number of wellknown comedians whose work in pictures, on the stage and via radio have brought them to public attention. Included are Willie Howard of musical comedy- vaudeville note, Benny Baker and Dave Chasen, in addition to Eleanor Whitney, sensational dancing star. Straight screen personalities are represented by Alden Chase, George Barbier, Catherine Doucet, Ernest Cossart, Samuel Hinds, Inez Courtney and Mariana Shubert. With amateurs on the stage and radio oc- cupying much popular attention, this produc- tion .should make readily adaptable a type of exploitation effectively directing that enthusiasm to itself. The show, itself, looks to be the thing to sell. Films Influence Children, Dr. Hutchins Says on Radio Parents who are not willing to have their children "enter the world of ideas" were advised recently in Chicago by Dr. Robert Maynard Hutchins, president of the Univer- sity of Chicago, to "keep them at home." But even there they "would not be safe," continued Dr. Hutchins, who was address- ing students of the nation and their parents over the Columbia Broadcasting System, the speech being part of the university's cele- bration of its forty-third anniversary. "From the newspapers, from books, from the radio and from the movies, some new ideas may reach them, and reach them in garbled and fragmentary form," he said. Studio Planning School To Develop Music Talent Because of the success of "Broadway Melody of 1936," Metro-Goldwyn-Mayer will inaugurate a school in its Hollywood studios to train young men and women as teams for future material in musical films. J. J. Robbins, now in charge of song writ- ers at the studios, has been placed in charge of the plan and he will soon start a series of tests to find performers to join the school. "The basis of musical comedy," explains Mr. Robbins, "rests on the romantic leads — a boy and a girl — who must be outstand- ing dancers, singers and who have marked acting ability. On the stage it used to take about fifteen years to create such a team, but now there is no more vaudeville and burlesque so we are forced to this measure for our material." Filmosound Releases Ready The Bell and Howell Company now has "Thunder Over Mexico," seven reel fea- ture produced by Sergei Eisenstein, ready for release on 16 mm stock. The film is being handled through the company's Filmo- sound Rental Library. Additional releases in the current library include a two-reel adventure film, "N'Manga" and "The Masked Raider," for children. GrIfFIth Receiver Named Joseph Gans, an attorney in New York, has been appointed equity receiver for D. W. Griffith, Inc., on the application of John A. Manning, a Griffith stockholder. Fed- eral Judge Murray Hulbert, who signed the receivership petition, set a bond for Mr. Gans at $1,000. Republic Picks Serial "The Vigilantes Are Coming" has been chosen as the title of the fourth serial to be produced by Nat Levine for the current pro- gram of Republic Pictures. B. R. Eason has been signed to direct. Myron Selznicic Incorporates The Myron Selznick agency of Beverly Hills has filed a notice with the office of the secretary of the state at Sacramento to change its name to Myron Selznick & Com- pany. Inc. Takes Exchange Interest L. E. Harrington has acquired an interest in Amity Film Company, state rights dis- tributor in Dallas. November 2, 1935 MOTION PICTURE HERALD 67 U.S. FILMS RETAIN LEAD IN GERMAN MARKET DESPITE BRITISH RIVALRY Realistic Pictures Fare Better with Germany's Theatregoing Public Than Romantic Films; But Not the Too Realistic by J. K. RUTENBERG Berlin Correspondent In spite of sharp competition from Eng- land, which was felt throughout the year 1934, the American feature film will con- tinue to hold the first place on the German market in the coming season. The first two months are generally significant for the fu- ture development of the market, especially in Germany where the existing kontingent regulations make the preparations of the dis- tributing companies necessary at a rather early date. In August of this year 20 features passed the censoring authorities, eleven of them from the United States, eight from Ger- many and one from Austria. For the first two months of the new season the figures were: Germany, 12 features; U. S. A., 12 fea- tures; France, 3 features; Sweden, 2 fea- tures; England, I feature; Austria, I fea- ture; Poland, I feature; Czechoslovakia, I feature. This was a total of 33 features for August and September. From the United States came the follow- ing: "It Happened One Night," "Under the Pampas Moon," "Murder in the Fleet," "No More Ladies," "Private Worlds," "Accent on Youth," "Curly Top," "Great Event," "China Seas," and "The Crusaders." Leading Players Although star voting is unpopular in Ger- many, it can be said that certain American actors and actresses are very popular in Germany. While classification is always an individual estimate, the following are un- questionably among the leaders: Actresses: Greta Garbo, Katharine Hep- burn, Joan Crawford, Shirley Temple, Mar- lene Dietrich, Claudette Colbert. Actors: Wallace Beery, Clark Gable, Franchot Tone, Robert Montgomery, Gary Cooper. Significant is the fact that men in roman- tic roles are not so favorably accepted as character players such as Wallace Beery. Germany prefers the sophisticated players who have led the American films in Ger- many to their present height. Sixty to 70 per cent of the love stories have scarcely covered expenses, but the over-average pic- ture from the United States is still doing a big business if it is not too realistic. "Viva Villa," for example, was popular in Ger- many long before a copy was sent to Ger- many. The reason for its banning was due to its drastic realism, yet it is often referred to in trade circles. Generally speaking, the LEHNICH MADE NEW REICH FILM HEAD Oswald Lehnich has been appointed president of the Reich Film Cham- ber in Berlin by Paul Joseph Goeb- bels, Minister of Propaganda, to suc- ceed Fritz Scheuermann, -who re- signed. It is believed that Mr. Scheuer- mann's resignation was due to a sixty per cent drop in German film exports during the past two years and the re- sultant dissatisfaction of Minister Goebbels. public and the trade are far better informed about the American feature production than is generally thought. When, for instance. Paramount announced "Peter Ibbetson," the leading German film press published lengthy articles in which the new film was compared with "Lives of a Bengal Lancer." It is natural that the public eagerly awaits such a film. V Canty at Brussels George R. Canty, who for seven years represented American film interests in Eu- rope in the capacity of a U. S. trade com- missioner, dividing his time among Berlin, Warsaw, Paris and Prague, has discontinued his work and gone to Brussels, doing no more film work. The reason for the abolition of the official film post in Berlin may be that the U. S. Government is favoring the reciprocal economical arrangements with the individual countries, thereby easing the way for American films and making the activity of an official observer superfluous. Mr. Canty is now attached to the American Em- bassy in Brussels. Patent Disputes Still On While the disputes over the American double-print patent and the fly-wheel patent, controlled by American Tri-Ergon Corpo- ration, have definitely come to an end in the United States by the decision of the supreme court, not so in Germany. The German double print patent is in the hands of the Tobis. It was the center of quite a great number of patent litigations which for sev- eral reasons have never come to the Reichs- gericht, Germany's supreme court. In the winter of 1934-35 the Friess A. G., manu- facturer of sound film recording sets in Ber- lin, filed, after various unsuccessful attempts before the ordinary courts, a plea of nullity in the Reichs Patent Office. In a sensational decision of this court the double print pat- ent was partly declared void, clearing the way for manufacturers of recording sets and easing up the barriers to the producers and distributors of commercial films. The Tobis appealed to the Reichsgericht and the de- cision of the supreme court is expected soon. Meanwhile Hans Friess, inventor of the Friess recording sets, has gone over to the Tobis company, at the same time withdraw- Dispute Over Sound Patents Is Revived by Dutch Philips; the Theatre Attendance Im- proves; Studios Also Busier ing the plea for nullity. Some weeks earlier there had come an internal and secret un- derstanding between the Friess A. G. and the Dutch Philips Company. The Philips concern, as the maker and user of its own sound film recording, known as the Philips Miller System, had a keen interest in aboli- tion of the superiority of the double print patent which was preventing Philips from entering the German market. So Philips has declared itself ready to pay the expenses of the action for the Friess A. G., which had suffered heavy financial losses owing to un- favorable verdicts of the ordinary courts. The changing over of Hans Friess to the Tobis company and the withdrawal of the plea forced the Philips Company to start afresh, filing a plea for nullity before the Reichs Patent Office. A verdict cannot be expected before winter. The German double print patent, filed in 1921, has still four years to run, expiring in 1939. If the Philips company should be suc- cessful before the Reichs Patent Office, as is expected, Tobis again will appeal before the Reichsgericht. V Shown with Superimposed Titles American films are shown in Berlin mostly in the original with superimposed English titles. The German version is gen- erally made after several successful weeks of the original. In post-synchronization things have changed favorably. The tech- nique of the dubbing has been improved, better actors have been engaged for the speaking parts. A proposal has been made to produce foreign versions of German-made films in the same manner. V According to a report just published by the Marketing Board, activity in the Ger- man film studios was rather higher in the first months of this season than in the cor- responding time of the past year. Some studios report a 50 per cent increase in working hours. Together with the diminution of the num- ber of unemployed, attendance at the cine- mas has increased. In the second quarter of 1935, admissions throughout the Reich showed an increase of 20.5 per cent over the second quarter of 1934. The income of the distributing companies was correspond- ingly higher. In the second quarter of 1933 the middle-priced admissions (60 to 90 pfennigs (15 to 22 cents at par)) was rep- resented with 31 per cent in the total turn- over, in the second quarter of 1935 with 41 per cent, evidencing the growing stability of the market. For the 1935-36 season a total of ISO fea- ture films has been announced, of which 37 have been completed and 13 already shown. 68 MOTION PICTURE HERALD November 2, 1935 TRAVELERS UNIVERSAL EXPANDS BRITISH PRODUCING Outlay of $650,000 for Studio Enlargement Planned; Gen- eral Theatres Profit Up by BRUCE ALLAN London Correspondent Universal is the latest United States com- pany to make enlarged plans for British pro- duction, to cope with the stringent 20 per cent quota demand now operating. S. F. Ditcham, managing director of Universal in London, this week announced that, in combination with J. B. & R. B. Wainwright, Ltd., the Laemmle company would occupy two specially erected floors at Sound City, Shepperton, and that the films would be for "world release" by Universal. Expenditure involved in the plan is said to total $650,000 for studio enlargennent alone. No picture appropriation is stated but the promise that directors and tech- nicians may be supplied by Universal City and that the British product Is expected to measure up to that of Hollywood indicates a considerable increase in the budget for Universal British films. The Wainwrights, who have made one or two useful produc- tions independently, including an English version of "Emil and the Detectives," are already contracted to make a Claude Hulbert picture, "The Adventures of Am- brose," and a version of Edgar Wallace's "The Crimson Circle" for Universal British release. The annual report of General Theatres Corporation, Ltd., including the accounts to March 31 last, indicates £1,485,246 (more than $7,425,000) as "amount of capital lost or unrepresented by available assets," but the year's profit, £214,976, shows an increase of £21,042. Opposition Defeat Indicated Under the reconstruction plan recently sanctioned by the court and now become effective owing to the abandonment of the dissentient preference shareholders' appeal, £1,450,833 of capital will be extinguished. The balance of the loss is planned to be re- couped from profits. GTC, under the new plan, remains under Gaumont-British management. Opposing shareholders alleged, among other reasons for challenging the reconstruction, that a counter offer from Associated British Pic- tures (the Maxwell company) had not been properly considered. The defeat of this op- position is indicated in the passage in the report stating that "directors will oppose the election as directors of the three direc- tors put forward by the opposing share- holders." V Quotas and Elections Prospects of a revision of the Films Act in harmony with trade opinion are not heightened by the fact that a general elec- tion is due in mid-November, leaving aside the fact that trade opinion itself is still some way from being unanimous. A few days ago the expected conference between the CEA and the Film Group of the FBI took place, but no definite result has yet been an- nounced ; what has been gained is that the producer group has been officially ac- quainted with the views of the exhibitor group, which is known to favor a relaxation rather than a tightening of the provisions of the Act. The "agreed policy" demanded by the Board of Trade may, nevertheless, be forthcoming earlier than has been expected. The deciding factor may well be that major British concerns are more and more becom- ing frankly anti-quota. The quickie hurts them as much as it hurts the exhibitor. Like the exhibitor, they want a revision of the Act which will insure good quality British films and not just footage. The only interests which are concerned to maintain the quota in a penal form are those British companies which hope to remain in business by selling footage to the American distributor at the pistol point, and these concerns tend to lose weight in trade councils as one U. S. con- cern after another allies itself to more seri- ous British production enterprises. V Chevalier to Toeplitz Maurice Chevalier will come to the Asso- ciated Talking Pictures studios at Ealing for Toeplitz Productions in December, accord- ing to plans announced by the company. The script of his vehicle — W. J. Lock's "Beloved Vagabond" — is being prepared by Wells Root, screen writer of "I Cover the Water- front" and "Public Hero No. 1," who has been in London for several weeks. Kurt Bernhardt is to direct. Noiseless Mercury Tube Switch A new switch said to be suitable for sound studios has been manufactured by the Hart Manufacturing Company of Hartford, Conn. The switch is operated by a noise- less toggle which tips a sealed mercury tube, making and breaking the circuit by the flow of mercury. Kamslcy Receives Promotion Dave Kamsky, manager of the State thea- tre, Richmond, Va., has been named adver- tising manager of the Neighborhood Thea- tre, Inc., succeeding E. H. Brient. Wade Pearson, formerly assistant maanger at the State theatre, moves up to manager. New Plainview Theatre C. E. McSwain, operator of the Granada and Texas theatres in Plainview, Texas, is constructing a third house for early opening. Amarillo Theatre Opened James Golding, who operates the Texas theatre in Amarillo, Texas, has opened a new house in San Jacinto Heights, suburb. Merle Oberon, Charles Boyer, C. Aubrey Smith, Eugene Pallette, Leslie Howarb, 10 year old daughter of the actor; Tilly LoscH, Ray Noble and Clifford Whitley arived Wednesday aboard the Berengaria. Amos Hiatt returned to New York from Bos- ton. Miriam Hopkins is in New York for a two weeks stay before starting work in her next picture for Samuel Goldwyn, "The Children's Hours." Jack Jossey, Republic's franchise holder in and around Cleveland, is in New York. Dick Wallace, director, and Mrs. Wallace are in New York from Hollywood. Bill Green, Rubinoff s publicity man, is back in New York after a trip to Detroit. Nate Blumberg has left New York for Toronto on RKO circuit business. Peter Lorre will sail for London on the Beren- garia. Robert Sisk arrived in New York from Holly- wood. Norman Moray, Warner short and trailer ex- ecutive, is on a short trip to Chicago. Ernestine Schumann-Heink is in New York. Harpo Marx is spending a short vacation in New York. Howard Dietz is back in New York from his visit to the MGM studio. Jack Partington has arrived on the Coast for conferences with Marco Wolff on a Broadway production to feature Olsen and Johnson. C. C. Pettijohn and Mrs. Pettijohn sailed for a four week European vacation on the Roma. Doris Warnek Le Roy and Gwen Heller Lang arrived in New York from Hollywood via St. Louis. Max Reinhardt arrived in New York from the Coast. Mark Ostrer and Michael Balcon of GB are scheduled to sail from England on October 30 for New York. Frank Partos and Mrs. Partos sailed on the Santa Elena for California. George W. Weeks is on a tour of GB branches in St. Louis, Kansas City, Des Moines, Okla- homa City and Chicago. Walter Forde and Mrs. Forde left New York for the Coast. Joseph M. Schenck has left New York for Hollywood. Henri Blman, Chicago independent distributor, is in New York. Al Jolson is en route from New York to the Coast. Emanuel Cohen is in New York from the Coast. Eileen Creelman, motion picture critic, re- turned to New York aboard the Bremen. Dorothy Farnum, scenarist, is back from abroad. Don Mersereau has left New York for the Coast. Luis Trenker left Saturday on the Bremen for Europe. Harry Nichols, of Quigley Publications, is at present in California. Joseph Bern hard, general manager of Warner Brothers Theatres, has been busily commuting between Philadelphia and Pittsburgh in con- nection with the Sunday openings election which comes up Tuesday. Paul Draper, musical comedy dancer, arrived in Hollywood to start work in the forthcom- ing Warner Brothers production of "Colleen." Fred Mohrhardt, general auditor of Para- mount, left New York for a two weeks' busi- ness trip to the Hollywood studio. Betty Furness arrived in New York from the Coast. Robert Young is due to sail for England on the Berengaria. Edward Trevor, 20th Century-Fox contract player, will leave in two weeks for New York, where he will decide between two stage roles open for him. November 2, 1935 MOTION PICTURE HERALD 69 Distributors JVill Pay Canadian Tax BRAZIL'S EXHIBITORS PINCHED BY MERCER The major distributing corporations have decided to pay the Canadian copyright tax, it was learned following a meeting of at- torneys late last week at the New York office of the Motion Picture Producers and Dis- tributors Association. The levy will be paid at the rate of 5 per cent based on the computation that the copyright of a picture is valued at 10 per cent of its total cost. Louis Mayer Heads Coast Chest Drive Louis B. Mayer has been named chair- man of the motion picture division of the Los Angeles Community Chest by the Pro- ducers' Association. The film division quota this year will be $200,000. The studio contact men named to handle the drive are: H. A. McDonnell, S. B. Brennecke, Reeves Espy, James Dent, Fred Metzler, William R. Fraser, Fred Pelton, George Bagnall, M. G. Whitman, Mat O'Brien, Charles Hubbard and Joseph Gilpin. Fred W. Beetson will represent affiliated industries. The contact committee will meet at the Hays office each week to report progress. Ticket Taxes Show Decline in September Federal admission tax collections in Sep- tember totaled $1,173,507, a decline of ap- proximately $140,000 from the August total of $1,313,552. it was reported this week by the Internal Revenue Bureau in Washing- ton. For the first quarter of the fiscal year, however, receipts showed an increase of $521,494, totaling $3,763,973 against $3,- 242,479 in 1934. New Censor Supervisor To Be Named for Ohio Roy Reichelderfer, secretary to E. L. Bowsher, state director of education for Ohio, will be named supervisor of the Ohio censorship division, a newly-created posi- tion, it has been learned in Columbus. Mr. Bowsher is ex-officio head of the censor board. Pictures are now being reviewed by Edith Luethi and Suzanne Warfield, civil service appointees, who have been serving since 1921. Oklahoma Governor Sets Nov. 4 as Will Rogers Day Governor Marland of Oklahoma has pro- claimed November 4 as Will Rogers Day, calling upon all Oklahomans to join in ob- servance of the humorist's 56th birthday an- niversary. Grey Joins Republic Harry Grey, former recording manager for Brunswick American and Columbia Recording, has joined Republic Pictures in Hollywood to take charge of the talent and music departments. Six First - Runs for Rio de Janeiro's Two Million Popu- lation; Ribeiro in Control by A. WEISSMANN Kio de Janeiro Correspondent The biggest motion picture event in Brazil since the American companies opened branches in this city is the consolidation of the two most importeant exhibitor com- panies, the Compania Brasileira de Cinemas and that of Luiz Severiano Ribeiro. The trade sees in this development a significance — and danger — which only an analysis of the Brazilian market will explain. There are in Brazil two motion picture centers of great importance from the eco- nomic standpoint — Rio de Janiero and S. Paulo. Rio de Janiero, capital of Brazil, is consequently the first-run city for Ameri- can pictures and others. 6 First Runs, 2 Million Population The population of Rio de Janeiro runs about 2,000,000, yet there are only six first- run houses, amounting to less than 10,000 seats capacity. The theatres Palacio, Odeon and Gloria belong to the Companhia Bra- sileira de Cinemas, which operates the Im- perio and the Ipanema as second-run houses. There are also the Alhambra, operated by the Companhia Brasil Commercial e Immo- biliaria ; the Rex, operated by Vivaldi Leite Ribeiro, the Broadway by Ponce & Irmaos, which represents the RKO-Radio program in Brazil, and the Pathe Palace, also second- run and owned by Marc Ferrez. All these theatres are equipped with sound apparatus. The three first named theatres are not of the high standard one would expect in such an important city, yet they present the bet- ter pictures imported from U. S. A. With the first-run situation inadequate, much more unsatisfactory are the second-runs. There are 70 of these, about 30 of them operated by Luiz Severiano Ribeiro, who dominates the states of Ceara and Pernambuco in the northern part of this country. Here is the principal point of the prob- lem. Leaving the company two or three stockholders, Luiz Severiano Ribeiro bought their interest, becoming the president and making a consortium that we might call a "trust," representing about 50 houses, to impose his prices upon the distributing companies. Small Exhibitors Pinched Because of the trust's domination, small exhibitors see their deathknell in unavaila- bility of good pictures while they must pay high prices for inferior product. Exploitation of pictures in Rio de Janeiro is under Ribeiro's supervision. The com- panies submit for his approval all expen- ditures for newspaper and magazine space each week when pictures are released, and the budgets are held to a minimum. The advertisements lack originality. There is nothing to attract attention besides two trailers one week before the picture is shown, glaring billboards spread out in front of the theatre, and a lighting system for publicity purposes that is always the same. Exhibi- tors complain that this type of economy is harming business. With these drastic methods and the ex- change rate so low, it is doubted that the major distributing companies will show New York 60 per cent of the business done last year. Seven Product Deals Closed by Radio Harry W. Leasim, sales manager of Radio Pictures International, has closed a deal with Mosco and Cuppini of Rome, Italy, for the distribution of the entire output of 1934-35 Radio pictures in Italy. The Italian dubbing will be done by Mosco and Cuppini. The first pictures to be released under the new contract will be "Becky Sharp" and "The Informer," to take advantage of the publicity given these films recently at the Internation- al Exposition of Motion Picture Arts re- cently held in Venice. "Becky Sharp" has also been sold to the entire Amalgamated chain of theatres in New Zealand by R. R. Doyle, managing di- rector of the Australian branch of Radio Pictures International. The Inland Circuit, covering nine houses in the state of Washington, and the Sim- mons Circuit, of four situations in Idaho and Montana, have also signed for the entire 1935-36 RKO Radio product. Marking the fourth consecutive deal be- tween the two companies, RKO has signed a contract in New York with Peacock Mo- tion Picture Company, of Shanghai, for dis- tribution of Radio's 1935-36 product in China. RKO has closed a contract with Atlantis Film Company of Belgrade for distribution in Jugoslavia of a number of RKO Radio pictures in the current and last-season line- up, according to word received from H. W. Leasim, sales manager of Radio Pictures In- ternational now in Europe. A contract has been signed between RKO Radio and Remaco's Filmbedrijf, N. V., of Amsterdam, whereby Remaco will distribute all the 1935-36 RKO Radio product of shorts and features in the Netherlands. The RKO Export Corporation has just closed a deal with the Pavilion Co., Ltd., of Singapore, whereby the latter will distribute all of the Radio product in the Straits Set- tlements and surrounding territories until 1937. Levy Heads Tent No. I Art Levy has been named chief barker of Tent No. 1, Variety Club, located in Pitts- burgh. Other officers chosen are : First as- sistant chief barker, George Tyson; second assistant chief barker, Al Barnett ; property master, James G. Balmer ; dough guy, Harold Lund ; canvasmen, Jules Lapidus, C. J. Latta, Frank Smith, Ben Kalmenson, Joe Kaufman and Mark Goldman. 70 MOTION PICTURE HERALD November 2, 1935 Omaha, Nebraska Dear Herald: We came down here to attend a conven- tion of the Motion Picture Theatre Owners, which was held in one of the rooms of the Loyal hotel, and, as far as we have been able to learn, the exhibitors left everything, even down to the cook-stove. It has been our fortune to have attended similar conven- tions all over the western part of the U. S. and, without attempting to throw any bou- quets, we wish to go on record as saying that this convention was the most orderly and best attended convention we have ever had the pleasure of attending. There have been times that John Barley- corn was the principal speaker and as an invited guest, but at this convention and at the banquet, John's credentials did not bear the stamp of approval and the doorman was instructed to not admit him. His absence from the convention was a very hopeful sign that the committees on arrangements have decided to go to Early Mass or the Sunday School, and at either place they will receive some very lasting help. A Fine Meeting The speakers at the banquet were Mayor Towl of Omaha, who gave the address of welcome ; Rev. Dr. Dundin, Rev. Father Macke, pastors of out-state churches; Ed- ward Shafton of the Variety Club; Ted Mendenhall, manager of Paramount ex- change, and Ed. Kuykendall, president of the Motion Picture Theatre Owners of America, who gave the principal address. The toastmaster at the banquet was D. V. McLucas, branch manager for United Artists, who, by the way, conducted the pro- gram in a very masterful way which added a whole lot to the pleasure of the occasion. The exchange managers were Ted Men- denhall of Paramount, D. V. McLucas of United Artists, Jerry Sapendau of Univer- sal, Clarence Olson of Warner Bros., E. O. Ringler of Republic Films, Mr. Scott of Fox Films, Al Avery of RKO, Mr. Marcus of Columbia, Harry Schumal of MGM, Stern Brothers of Capitol Films, and Max Wine- traub of Majestic. Charles Williams, who has been president of the MPTO for a number of years, and who has given such universal satisfaction, was reelected president for the coming year. Mr. Kuykendall gave us a very informa- tive and interesting address and blazed the trail for the MPTO to follow, which was well received by the guests, and he paid a very high tribute to the honesty and in- telligence of his friend, Joseph I. Breen, of the Production Code Administration, and assured the audience that through his efforts, and the efforts of the Legion of Decency and other helpful influences, the picture industry was headed for a higher position in the minds of the theatregoing public. We wish Ernie would give us space to name all of the exhibitors who attended, but you know that space in the Herald is mighty valuable; however, here are just a few of them: R. F. Kerberg, Sheldon; Dale Goldie, Cherokee; Otto Lehrman, Sibley; Charles Sartoris and wife. Hartley; William Bogart and wife, Rock Valley; Carl Johnson and wife of Red Oak; Nate Dax and wife, and Skippy Freedman of Sioux City ; Ray Brown and wife and daughter, Harlan, all of Iowa ; Art Record, Hebron; Charles Launi, Desh- ler ; Horace Kennedy and son Howard of Broken Bow; Mrs. Georgia Racely, O'Neill; Oscar Johnson and wife. Falls City; Harold Schoonover, Aurora; W. B. Bradley, Ne- ligh ; Howard Brookings, Weeping Water ; D. V. Fletcher and wife, Hartington; Mrs. Minerva Robinson, Coleridge; Mr. Bailey and wife of Pawnee City, all of Nebraska, and Carston Gehlsen of Burk, South Dakota, but then, gee whiz, we can't name all of 'em so what's the use. Should we have omitted the names of some of our friends we trust that they will omit the poison gas. This list doesn't include the boys from Omaha. They were all there and some brought their guns ami some brought all- day-suckers. Walter Creel brought a pitch- fork and Sam Epstein brought a corkscrew (and that was all Sam had, too). V London and That Shelterbelt We are in receipt of a copy of The Era, published at 11 Soho Square, London, Eng- land, W. I., and we note that the publication carries a copy of part of what we said in the Herald about the trees they are plant- ing in that "Shelterbelt" and "The Govern- ment has commandeered five million dogs" and the editor comments "The colonel sur- mises that the young trees will require a lot of attention." You are correct, Mr. Editor. Those trees will "require a lot of attention" and if our English friends have some able-bodied dogs that are not working they can dispose of them at a good price if they will take the matter up with the Government of the U. S. A. But speaking of dogs reminds us that we saw a picture recently wherein the star kissed a flea-bitten pothound right on the nose, which again reminded us of a scene in "David Copperfield" wherein the star kissed a skyoodle pup on the screen (instead of the nose) and which disgusted a theatre-going public and bred the hope that some time some of the directorial minds in Hollywood will rise above the kennel. How are you fixed on dogs, Abner? V In this same issue of The Era we found a discussion as to whether Christopher Colum- bus discovered America or not and whether or not he was a Jew. As far as we are per- sonally concerned we don't care whether he discovered America or whether it was Lydia E. Pinkham or Babe Ruth, so long as it was discovered, and it matters not to us whether he ate Berkshire or Poland China pigs knuckles or confined his diet to carp and bullheads on Friday. The facts are that the North American Indians were holding their pow wows and eating boiled dog when Chris arrived. V New Theatres At Algona, Iowa, a theatre is being built and equipped by the Western Theatre Sup- ply Company of Omaha for Gale Pettit, an old showman of Algona, who has been con- nected with theatre circuits in the South and Southwest for several years. The the- atre is being built on the Stadium type and will have a capacity of 700 on the lower floor. The theatre will be called the State, and Western Electric wide range sound will be used and the seats will be furnished by American Seating Company. Algona is a good town and the State ought to be well patronized, which it probably will be. V Our friend A. F. Kehr is building a new theatre at Ogallala, Nebraska, which is said to cost $70,000 and will have a seating ca- pacity of 650 and will be booked under the name of the Prairie. The Western Theatre Supply Company is furnishing the interior with all that is required in theatre equip- ment and the American Seating Company will install the seats. The theatre probably will open its doors to the public on or about December 10th. Good luck, Kehr, we are for you. You remember that the last time we called you were just going to go hunt- ing and wanted us to go along, but we had to work, doggone the doggone luck anyhow. V We met Harold Dunn and his wife. Hazel, at the convention and we hardly knew him, he has fallen off until he only weighs 230 pounds, and his wife says that it is because she holds him to a strict diet of T bone steaks and corned beef and cabbage. V Our neighbor has an Airedale that is try- ing of nights to imitate a crooner. We are going to try and buy that pup and ship him to a broadcasting station. He'd be a big help to that "Shelterbelt" too. COLONEL J. C. JENKINS The herald's Vagabond Colyumnist P.S.: The Herald COVERS the field like an April shower. Continue Amateur Nights The Lindsey Theatre Circuit in Texas has decided to continue its weekly amateur night policy. When the programs were started they were planned for only eleven weeks, but are now entering the thirty- sixth week with attendance still building. Olean Theatre Pla nnea Jules Girden, executive head of the War- ner Brothers contract department, has been visiting Olean, New York, to inspect sev- eral sites for a theatre his company plans to build there. November 2, 1935 MOTION PICTURE HERALD 71 llllllll: WHAT THE DICTLCE DID rCD ME First National BRIGHT LIGHTS: Joe E. Brown, Ann Dvorak- Joe E. Brown's pictures are all so well received that I do not know whether to rate this as his best or not, but it is plenty good and pleased lOO per cent. Joe gives an excellent performance as a vaudeville actor while the other members of the cast are all good. Running time, 88 minutes. Played September 25-26. — Gladys E. McArdle, Owl Theatre, Lebannon, Kan. Small town patronage. BRIGHT LIGHTS: Ann Dvorak, Joe E. Brown- Joe's best. A grand windup for a very successful Warner season. Business was exceptionally good on this picture and the audience enjoyed every minute of it. P. S.— So did I. Played October 18-19.— Robert Wile, Granada Theatre, Pearl River, N. Y. General patronage. BRIGHT LIGHTS: Joe E. Brown, Ann Dvorak- Here's a picture that spells box office. Good in any town. Played on weekend to big crowds, two nights. Best Joe E. Brown so far. Ann Dvorak good. Run- ning time, 83 minutes. — C. H. Collier, Globe Theatre, Drew, Miss. Small town patronage. CASE OF THE CURIOUS BRIDE, THE: Warren William, Margaret Lindsay, Claire Dodd— Very good. Warren, and the trailers Warners send out sure sell the customers on these mystery pictures. — Reggie Bux- ton, Strand Theatre, Ransom, Kan. Small town and rural patronage. GO INTO YOUR DANCE: AI Jolson, Ruby Keeler— Although Jolson is slipping, he put over a real bang- up musical, with the aid of the ever popular Ruby. Enjoyed it very much, also above average business. Jolson is O. K. with our people. — Harland Rankin, Plaza Theatre, Tilbury, Ontario, Can. General pat- ronage. GO INTO YOUR DANCE: AI Jolson, Ruby Keeler —Consensus in here is that Miss Keeler danced away with the picture, although Al's singing went over big. We could easily have stood another song from Helen Morgan, even at the price of one less of Jol- son's. Played this one late, but it satisfied everyone, and that is saying a lot in here. Played October 19. —J. A. Reynolds, Recreational Director, New Jersey State Prison, Trenton, N. J. Prison patronage. GOOSE AND THE GANDER: Kay Francis, George Brent — This brilliant star is a favorite in this town. Supported by a grand cast including George Brent, she delivers again in a swell story filled with plenty of laughs. Played October 6-7. — Horn and Morgan, Inc., Star Theatre, Hay Springs, Neb. Small town patronage. IRISH IN US, THE: James Cagney, Pat O'Brien, Olivia de Havilland — Good entertainment for the mass- es and that's what we want. Only hope they don't overdo this pair, as about one a year with them to- gether is enough. Everyone seemed to enjoy this picture. Tbis little de Havilland has lots of possi- bilities. Running time, 80 minutes. Played Septem- ber 26-28.— G. A. Troyer, New Lyric Theatre, Rugby, N. D'. General patronage. IRISH IN US, THE: James Cagney, Olivia de Havilland, Pat O'Brien— Now, there's a picture! Com- pletely satisfied our patrons. Believe all of these stars are gradually assuming their deserved places as "the tops." Running time, 80 minutes. Played September 23-24.— Horn and Morgan, Inc., Star Theatre, Hay Springs, Neb. Small town patronage. MARY JANE'S PA: Aline MacMahon, Guy Kib- bee — Best business for weeks, thanks to Guy and Aline and the Warner's trailer that sold the shovy. Pleased 100 per cent on a week end showing. — Reggie Buxton, Strand Theatre, Ransom, Kan. Small town and country patronage. MURDER IN THE CLOUDS: Lyle Talbot, Ann Dvorak — This was a real good program action picture which did business, and the manager received favor- able comments. — Harland Rankin, Plaza Theatre, Til- bury, Ontario, Canada. General patronage. OIL FOR THE LAMPS OF CHINA: Josephine Hutchinson, Pat O'Brien — Dandy show. Intelligent and well received by the patrons. — W. H. Hardman, Royal Theatre, Frankfort, Kansas. Small town pat- ronage. IN this, the exhibitors' own de- partment, the theatremen of the nation serve one another with information on the box ofRc© per- formance of product for their mu- tual benefit. !t is a service of the exhibitor for the exhibitor. Address all communications What the Picture Did for Me MOTION PICTURE HERALD I 790 Broadway. New York a double bill.— W. H. Hardman, Royal Theatre, Frank- fort, Kansas. Small town patronage. MY HEART IS CALLING: Jan Kiepura, Marta Eggerth — My patrons did not care for this. It niay be good of its kind but no one liked it. The singing is fair. — W. H. Hardman, Royal Theatre, Frankfort, Kansas. Small town patronage. TRANSATLANTIC TUNNEL: Richard Dix, Madge Evans, Helen Vinson — I recently saw the American premiere of this picture at a midnight preview. The fine acting of its American cast, the unusual story and its technically perfect production are all under- mined by an excess of dialogue.— J. W. Noah, New Liberty & Ideal Theatres, Fort Worth, Texas. Gen- eral patronage. MGM GB Pictures ALIAS BULL DOG DRUMMOND: Fay Wray, Jack Hubert — We had a lot of kick on this one. This British stufi does not go in our town. Show is too silly.— W. H. Hardman, Royal Theatre, Frankfort, Kansas. Small town patronage. MAN OF ARAN: It is a classic. It is O.K. on AGE OF INDISCRETION, THE: Paul Lukas, Madge Evans, May Robson — A very good program picture that pleased our patronage. — J. W. Noah, New Liberty & Ideal Theatres, Fort Worth, Texas. General patronage. ANNA KARENINA: Greta Garbo, Fredric March- Good picture of its kind; the people who have read the book will come to see it in addition to your regular crowd. Greta Garbo means nothing at our box office. — H. G. Stettmund, Jr., H. & S. Theatre, Chandler, Okla. Small town patronage. BISHOP MISBEHAVES, THE: Edmund Gwenn, Maureen O'SluIivan — No draw, but pretty fair come- dy. Running time, 86 minutes. Played September 26. — Hobart H. Gates, Garlock Theatre, Custer, S. D. Small town patronage. BONNIE SCOTLAND: Laurel and Hardy— This is the best feature this pair has made so far. It's a wow of a comedy. Did very good business here. Run- ning time, 85 minutes. Played October 5. — B. HoUen- beck. Rose Theatre, Sumas, Wash. Small town pat- ronage. BROADWAY MELODY OF 1936: Jack Benny, Eleanor Powell, Una Merkel, Vilma and Buddy Ebsen — It is a great show and it also introduces the biggest discovery of the year, Eleanor Powell, who makes Ruby Keeler and Ginger Rogers look like a couple of wooden Indians. — Russell Armentrout, Clark Thea- tre, Louisiana, Mo. General patronage. BROADWAY MELODY OF 1936: Robert Taylor, Eleanor Powell, Una Merkel, Jack Benny — A super- musical that actually lives up to its advance praise. Perfect audience resoonse. — J. W. Noah, New Liberty & Ideal Theatres, Fort Worth, Texas. General pat- ronage. CHINA SEAS: Clark Gable, Jean Harlow, Wallace Beery — This one has enough of "what it takes" to satisfy practically anyone. Will do 25 per cent above average business anywhere, in my judgment. Run- ning time 89 minutes. Played October 18-19.— G. A. Van Fradenburg, Valley Theatre, Manassa, Col. Farm- ing community patronage. CHINA SEAS: Clark Gable, Jean Harlow, Wallace Beery — A picture that should pack any house. Very good. Played behind competitor; good crowds both nights. Running time, 89 minutes. Played September 30-October 1.— C. H. Collier, Globe Theatre, Drew, Miss. Small town patronage. DAVID COPPERFIELD: AH Star Cast— Despite the fact that we played this one very late, the MGM masterpiece was well received by the inmates. A little deep for some of the men, but the excellent acting offset that. Freddie Bartholomew, W. C. Fields and Edna May Oliver all went over big. Her tirade aga.nst David's stepfather drew a big hand. A story that will never grow old. Played October 12.— J. A. Reynolds, Recreational Director, New Jersey State Prison, Trenton, N. J. Prison patronage. GIRL FROM MISSOURI, THE: Jean Harlow, Lionel Barrymore, Franchot Tone — Brought this pic- ture back for Jean Harlow fans. Did only average business. Harlow slipping. — Harland Rankin, Plaza Theatre, Tilbury, Ontario, Can. General patronage. HERE COMES THE BAND: Ted Lewis, Virginia Bruce — A very pleasant surprise all around. Well liked by our patrons and pulled a most satisfactory midweek business. The local girls have a new heart throbber in the warbling Harry Stockwell, who put over some swell song numbers in a voice and manner that will undoubtedly make him a marquee name in the future. Running time, 87 minutes. Played October 2-3. — M. R. Harrington, Avalon Theatre, Clatskanie, Ore. Small town and rural patronage. MEN IN WHITE: Clark Gable, Myrna Loy-^This picture is a credit to the movie interest, showing a doctor's angle. It has a good moral and a picture not easily forgotten. Play it. — Harland Rankin, Plaza Theatre, Tilbury, Ontario, Canada. General patronage. MURDER IN THE FLEET: Robert Taylor, Jean Parker — An outstanding murder mystery, with the fleet for the stage, and an unusually good cast make this a more satisfactory show than lots of the spe- cials. Thrills and comedy hold the interest of the patrons to the last reel. Una Merkel, as usual, al- most steals the show. Leo is entitled to an extra roar on this one. Running time, 70 minutes. Played September 28-29.— Gladys E. McArdle, Owl Theatre, Lebanon, Kan. Small town patronage. MURDER IN THE FLEET: Jean Parker, Robert Taylor — Went over O.K. on a Saturday night. — W. H. Hardman, Royal Theatre, Frankfort, Kansas. Small town patronage. MURDER MAN: Spencer Tracy — Just a waste of time and film. Played October 9. — B. Hollenbeck, Rose Theatre, Sumas, Wash. Small town patronage. NO MORE LADIES: Joan Crawford, Robert Mont- gomery, Charlie Ruggles, Franchot Tone — Very good production but not worth the price. Good acting, fair story, beautiful costumes and plenty of comedy make this an entertaining picture, but not quite the super- special the invoice calls for. Edna May Oliver is a scream. Running time, 82 minutes. Played October 5-7.— Gladys E. McArdle, Owl Theatre, Lebanon, Kan. Small town patronage. NO MORE LADIES: Joan Crawford, Robert Mont- gomery— Very good social comedy drama. Patrons came a second time to see it and when they do that it must be OK. A few scenes and remarks could have been left out to make it still better. Kinda raw. Played October 12-14.— H. Bettendorf, Opera House, Foley, Minn. Rural and small town patronage. NO MORE LADIES: Joan Crawford, Robert Mont- gomery, Franchot Tone — It is smart and good enter- tainment. Crawford not liked here but Montgomery helped to put it over to fair business. — W. H. Hard- man, Royal Theatre, Frankfort, Kansas. Small town patronage. PURSUIT: Chester Morris, Sally Eilers, Scotty Beckett — One of those rapid fire thrillers that seem to click. Plenty of comedy and action and Scotty Beckett is very, very good. Not a special but pleased. Running time, 62 minutes. Played October 12-13. — Gladys E. McArdle, Owl Theatre, Lebanon, Kan. Small town patronage. RECKLESS: Jean Harlow, William Powell^We did only moderately well with this picture. The plot is rather vague, hard to follow in parts. Song numbers fairly good. Not up to expectations and second show- ing was poor. Played October 3-4.— O. Ingmar Oleson, Sons of Norway Theatre, Ambrose, N. D. Small town and rural patronage. SEQUOIA: Jean Parker— Wonderful subject. Mostly about deer. Animal pictures all right if not played too often. Played October 5-6.— H. Bettendorf, Opera House, Foley, Minn. Rural and small town patronage. WOMAN WANTED: Joel McCrea, Maureen O'Sul- livan— Good program picture. It is unpretentious but none the less entertaining. It will hold up any bill. The story is unusual and full of action and therefore not boring to anyone. Played October 18-19.— Robert Wile. Granada Theatre, Pearl River, N. Y. General patronage. WOMAN WANTED: Joel McCrea, Maureen O'Sul- livan— Good programmer that pulled well on midweek showing and gave very good satisfaction. Nothing outstanding, but thoroughly entertaining. Running time, 68 minutes. Played October 9-10.- M. R. Har- 72 MOTION PICTURE HERALD November 2, 1935 rington, Avalon Theatre, Clatskanie, Ore. Small town and rural patronage. Monogram MYSTERIOUS MR. WONG, THE: Bela Lugosi— Might have been a fair picture if properly made, as it wasn't. Poor business. Played October l.—B. Hol- lenbeck, Rose Theatre, Sumas, Wash. Small town patronage. Paramount ACCENT ON YOUTH: Sylvia Sidney, Herbert Marshall— Good drama based on the old man -young girl theme. It has considerable comedy relief and was liked by the majority. Played October 12.-B. Hollen- beck. Rose Theatre, Sumas, Wash. Small town pat.- ronage. ACCENT ON YOUTH: Herbert Marshall, Sylvia Sidney— A good high class comedy. Vou have to be on your toes constantly to get all the smart q">ps. but a lot of them go over the audience s heads, it is strictly a class picture. Played October 16-17-- Robert Wile, Granada Theatre, Pearl River, N. Y. General patronage. ACCENT ON YOUTH: Sylvia Sidney, Herbert Marshall— Not a special by any means but might go over where Sylvia is popular. She is not box ottice here, and would class the picture as only fair pro- gram. Running time, 77 minutes.— Wra. A. Clark, Garden Theatre, Canton, 111. General patronage. CAR 99: Fred MacMurray, Ann Sheridan— Good ac- tion picture. Played October 2.— B. Hollenbeck, Rose Theatre, Sumas, Wash. Small town patronage. EVERY NIGHT AT EIGHT: George Raft, Alice Faye— This picture will please most any audience. It has entertainment for all. Raft is growing in popu- larity with us as he is a good actor, and his support was good. Running time, 80 minutes.— Wm. A. Uark, Garden Theatre, Canton, 111. General patronage. HERE COMES COOKIE: George Burns, Gracie Allen— Typical Burns and Allen fare that stretched out far beyond the hmits of its story and gag pos- sibilities. Used as a preview, this clicked fairly well. Running time, 65 minutes. Played September 28.— M. R. Harrington, Avalon Theatre, Clatskanie, Ore. Small town and rural patronage. HERE COMES COOKIE: Burns and Allen— Won- derful title. Burns and Allen popular with us.^ TJ'^'l the picture is pleasing. Gracie is just as individual as any of the big stars. I mean by that there is just one Gracie. Running time, 65 minutes.— Wm. A. Clark, Garden Theatre, Canton, 111. General patronage. HOPALONG CASSIDY: William Boyd, Paula Stone This series of "Hopalong Cassidy" pictures look like naturals. If the remaining five come through just half as good as this one, there will be no complaint. —Russell Armentrout, Clark Theatre, Louisiana, Mo. General patronage. LAST OUTPOST, THE: Gary Grant, Gertrude Michael, Claude Rains— An excellent picture. Went over big, some staying to see it twice. Played Octo- ber 15.— H. G. Crawford, Palace Theatre, Piano, Texas. Small town and rural patronage. LAST OUTPOST, THE: Gary Grant, Claude Rains, Gertrude Michael— Good adventure picture along the lines of "Bengal Lancer," but which fails to reach the heights achieved by that picture due chiefly to a rather obvious story, and rather melodramatic se- quences of last two reels. Held the interest of our patrons and was generally liked. Used on release date, without benefit of run in key situation adjacent to this town, picture pulled fairly well. Running time, 78 minutes. Played October 11-12.— M. R. Harring- ton, Avalon Theatre, Clatskanie, Ore. Small town and rural patronage. LIVES OF A BENGAL LANCER: Gary Cooper, Franchot Tone— A very satisfactory picture that satis- fies all. The photography is good. The present trouble in Africa adds interest to this picture though the scenes are laid in India. Played October 11-12.— O. Ingmar Oleson, Sons of Norway Theatre, Ambrose, N. D. Small town and rural patronage. MAN ON THE FLYING TRAPEZE: Mary Brian, W. C. Fields— Outside of the fact the title was ter- rible, the picture pleased in every particular. It drew well and the audience was well pleased with it. My personal opinion is that it would have drawn even better with a more fitting title. Played October 12. —Robert Wile, Granada Theatre, Pearl River, N. Y. General patronage. MEN WITHOUT NAMES: Fred MacMurray, Madge Evans— Well produced picture, using the "G Men" theme. Our patrons liked it and told us so, many saying they enjoyed it more than any other of this type we have shown. Good midweek business. Running time, 65 minutes. Played September 25-26. — M. R. Harrington, Avalon Theatre, Clatskanie, Ore. Small town and rural patronage. PARIS IN THE SPRING: Mary Ellis, Tullio Car- minati — Mary Ellis as a box office name is about as go<xl as Minnie Zilch. Played October 9-10.— Robert Wile, Granada Theatre, Pearl River, N. Y. General patronage. PEOPLE WILL TALK: Charles Ruggles, Mary Boland— A very nice little show; moves right along and entertains all the way through. Did twice the business of "Becky Sharp." Played October 6.— B. J. Vandeby, Palace Theatre, Doland, S. D. General small town patronage. SMART GIRL: Kent Taylor, Ida Lupino— This pic- ture was condemned by the Legion of Decency. Can't see why, but that, plus the lack of box office names, made it a weak sister at the box office. Entertain- ment value good. Joseph Cawthorne is very funny and carries tne picture. Played October 15. — Robert Wile, Granada Theatre, Pearl River, N. Y. General patronage. THIS WOMAN IS MINE: Gregory Ratoff— fhis is another that is just as bad as "The Scoundrel" was. Paramount did not produce this, as it stated that it was released only through them, and certainly they must have known what they were buying and why they did, I don't know. Absolutely poor. Bad re- cording and bad direction. No known stars, and try and foist this onto the pubhc and then get their reaction another time that the exhibitor is on the spot plenty.— A. E. Hancock, Columbia Theatre, Co- lumbia City, Ind. General patronage. TWO FOR TONIGHT: Bing Crosby, Joan Bennett —This picture went over O.K. the first night but fell down the second one. Personally thought it was a good picture. Played October 1-2.— H. G. Crawford, Palace Theatre, Piano, Texas. Small town and rural patronage. VIRGINIA JUDGE, THE: Walter C. Kelly, Marsha Hunt— An excellent picture. Walter Kelly is swell as the Virginia Judge. Stepin Fetchit stole the show, however. Played October 11-12.— H. G. Crawford, Palace Theatre, Piano, Texas. Small town and rural patronage. WITHOUT REGRET: Elissa Landi, Kent Taylor- Very pwor title. Yet a fair program picture but one that will not pull them in. Star power without much draw. Running time, 75 minutes.— Wm. A. Clark, Garden Theatre, Canton, 111. General patronage. RKO Radio ALICE ADAMS: Katharine Hepburn, Fred Mac- Murray — It is very, very good. It may not have the box office draw of "Little Women," but it will please just as well. — Russell Armentrout, Clark Theatre, Louisiana, Mo. General patronage. ALICE ADAMS: Katharine Hepburn, Fred MacMur- ray— A very good picture, well liked and splendid entertainment. Running time, 97 minutes. — M. W. Mattecheck, Lark Theatre, McMinnville, Ore. General patronage. ALICE ADAMS: Katharine Hepburn, Fred Mac- Murray — Nice story but our little Katharine over- acted a little and is hard to understand. Would be well for her to work on her voice and more distinct pronunciation. Fast talking doesn't register well. We have quite a few admirers of Miss Hepburn. Running time, 99 minutes. — Wm. A. Clark, Garden TTieatre, Canton, III. General patroage. ANNE OF GREEN GABLES: Anne Shirley, Tom Brown — RKO did a nice job; nice simple story which touched the hearts of our patrons and the heart strings on your exhibitor box office. — Harland Rankin, Plaza Theatre, Tilbury, Ontario, Can. General pat- ronage. ARIZONIAN, THE: Richard Dix, Margot Grahame — An above-the-average western that should please anywhere. Played October 10. — B. J. Vanderby, Pal- ace Theatre, Doland, S. D. General small town pat- ronage. ARIZONIAN, THE: Richard Dix— Will class this one as a splendid western picture. A great title and a good star. Dix fine in this kind of role. Running time 75 minutes. — William A. Clark, Garden Theatre, Canton, 111. General patronage. ARIZONIAN, THE: Richard Dix, Margot Grahame — Oh, boy! Oh, boy! Here's a western that really has it, them and those. And did they go for it. Plenty of action, comedy and drama. This is not just a cheap western. It packs a wallop. We wore out two pairs of suspenders sticking our thumbs behind them as we watched the crowd come. Start pattin' yourself on the back if you have this one. It will wipe the cobwebs off the old bank book. Played October 18-19. — Charles Summers & Son, Elite Theatre, Selling, Okla. Small town and rural patronage. BECKY SHARP: Miriam Hopkins— Intended passing this one up and am sorry we didn't as it is the reason for originating the word "flop" when it comes to bo.x office value. Colors beautiful but certainly wasted on the story. Running time, 75 minutes. Played Octo- ber 9-10.— G. A. Troyer, New Lyric Theatre, Rugby, N. D. General patronage. ' BECKY SHARP: Miriam Hopkins— Should have been entitled, "Beautiful But Dumb." Wonderful color, but strange as it seems, the public also wants enter- tainment. It set a new low record for my house that I hope not to shoot at for a long time. Hope the Hollywood boys don't get any more brain storms like this one, or else that I have sense enough to leave it alone. Played October 13. — B. J. Vanderby, Palace Theatre, Doland, S. D. General small town patronage. CHASING YESTERDAY: Anne Shirley, O. P. Heg- gie, Helen Westley— Although it took a stage attrac- tion to bring them in to see this the greater part of the audience liked it. The story is different and re- freshing and the cast performed well, but unfortunately "Anne of Green Gables," which introduced the three stars to the public, wasn't sufficiently popular to have made them any great name draws. Played October 11.— Robert Wile, Granada Theatre, Pearl River, N. Y. General patronage. FRECKLES: Tom Brown, Virginia Weidler, Carol Stone— Did not appeal to fans as well as former Gene Stratton- Porter stories. Story modernized so much one would not recognize it. Very good work by stars and picture well liked by those who saw it. This little Virginia Weidler steals the picture. Running time, 65 minutes. Played September 29-30.— G. A. Troyer, New Lyric Theatre, Rugby, N. D. General patronage. HIS FAMILY TREE: James Barton, Maureen De- lany — Just a word of warning to any unfortunate ex- hibitor who might have this booked. Set it out; it's the worst yet. Picture as a whole very poor. Words fail me when I try to describe the sound. An Irish picture which would make the Sons of Erin blush with shame. Released by a company who made such pictures as "Top Hat," "Laddies," "Star of Midnight" and dozens of other real top pictures. We just have to say, "Shame on you, RKO." — Reggie Buxton, Strand Theatre, Ransom, Kan. Rural patronage. HOORAY FOR LOVE: Gene Raymond, Ann Soth- ern — Two outstanding features in this subject, the toe dance by Maria Gambarelli and Bill Robinson's tap dancing. Also has some nice songs, but otherwise is very ordinary. Running time, 72 minutes. Played October 9-10. — Horn and Morgan, Inc., Star Theatre, Hay Springs, Neb. Small town patronage. NITWITS, THE: Bert Wheeler, Robert Woolsey— I think this was the most awful thing these two pseudo comedians have ever done, but I must confess that several hundred people who came to see them (and it was about the average number) differed with me considerably. The answer to the story seems to be that RKO' should keep on making these pictures. I'll play them but won't look at them. Played Octo- ber 13-14. — Robert Wile, Granada Theatre, Pearl River, N. Y. General patronage. OLD MAN RHYTHM: Buddy Rogers, Betty Grable — Not so good. A hairbrained story with too much music of no merit to carry the continuity necessary to make it of interest. Would have been better off to pay for it and put it on the shelf. Ran "Going on Two" with the Quintuplets with this picture, which drew more comment than the feature. Running time, 76 minutes. Played October 11-12. — G. A. Troyer, New Lyric Theatre, Rugby, N. D. General patronage. OLD MAN RHYTHM: Buddy Rogers, Betty Grable — Only fair. Disappointed generally and just why we are unable to say. Characters were well taken and there were several very good dance numbers. Run- ning time, 76 minutes. Played September 27-28.— Horn and Morgan, Inc., Star Theatre, Hay Springs, Neb. Small town patronage. OLD MAN RHYTHM: Buddy Rogers, Betty Grable — A fair program picture. — W. H. Hardman, Royal Theatre, Frankfort, Kansas. Small town patronage. OLD MAN RHYTHM: Buddy Rogers— Nice pro- gram picture. Buddy doesn't mean much to us, but picture is O.K. anyway. Running time 76 minutes. — William A. Clark, Garden Theatre, Canton, III. Gen- eral patronage. OLD MAN RHYTHM: Buddy Rogers, Betty Grable — This one clicked. Everybody seemed to like it. It has some good songs and dances and plenty of comedy. Play it. Played October 6-7. — Charles Sum- mers & Son, Elite Theatre, Seihng, Okla. Small town and rural patronage. SHE: Helen Gahagan, Randolph Scott — Pictures like this are never box office, story not suitable for the motion pictures; would say it's hard to direct under- standably. Many said they didn't know what it was all about. Running time 95 minutes. — William A. Clark, Garden Theatre, Canton, 111. General patronage. SHE: Helen Gahagan, Randolph Scott — This feature created a very great diversity of opinion. Those who did not like it were very outspoken against it, but those who did like it also spoke very highly of it. We think that nearly every picture of this nature carries hundreds of feet of wasted film and thousands of dollars of cost entirely unwarranted. Running time, 94 minutes. Played September 29-30. — Horn and Mor- gan, Inc., Star Theatre, Hay Springs, Neb. Small town patronage. SHE: Helen Gahagan, Randolph Scott — A big lavish production that was just a big flop at the box office. — W. H. Hardman, Royal Theatre, Frankfort, Kansas. Small town patronage. SHE: Helen Gahagan, Randolph Scott— We played this one against a fair warning, but we had a good crowd _ anyway. The natives, as well as ourselves, are still wondering about it, but nobody cussed it. It's like the farmer that saw the giraffe, "There ain't no sech animal." Played October 13-14. — Charles Sum- mers & Son, Elite Theatre, Selling, Okla. Small town and rural patronage. TWO ALONE: Jean Parker, Tom Brown, Zasu Pitts— I thought it a rather good picture for our fanner friends, as it was based on simple, rural life of two orphans, but our people didn't like it much. Left a rather bad taste. If you can play another pic- ture, shelve it. — Harland Rankin. Plaza Theatre, Til- bury. Ontario, Can. General patronage. November 2,1935 Twentieth Century-Fox BLACK SHEEP: Edmund Lowe, Claire Trevor- Pretty bad for anything but a programmer, but as such it was O.K., but there wasn't enough box office draft. Edmund Lowe without McLaglen doesn't mean a thing, and although he is suave and smooth the public just won't go for it. Played October 9-10. — Rob- ert Wile, Granada Theatre, Pearl River, N. Y. Gen- eral patronage. COWBOY MILLIONAIRE: George O'Brien— This is a good one. A good story and a good cast. Pleased everyone and it has plenty of action. O'Brien has always been a favorite here. However, methinks it would go good anywhere. Story concerns a dude rarich with O'Brien and his pal as guides. They own a mine and strike it rich and the fun and excitement begin. Played October 6-7.— Charles Summers & Son, Elite Theatre, Selling, Okla. Small town and rural pat- ronage. COWBOY MILLIONAIRE: George O'Brien— Good, but those that like 'em rough will be somewhat dis- appointed. Played October 9-10.— H. Bettendorf, Opera House, Foley, Minn. Rural and small town patronage. COWBOY MILLIONAIRE: George O'Brien— Good western on the usual O'Brien style that brought in the business. Played October 12.— B. Hollenbeck, Rose Theatre, Sumas, Wash. Small town patronage. CURLY TOP: Shirley Temple, John Boles— They came, they saw and they left satisfied, so there you have the whole story. Pulled many whom we had never before seen in the theatre. The littlest star still has the greatest pulling power for us. Running time, 76 minutes. Played October 6-8.— M. R. Harrington, Avalon 'Theatre, Clatskanie, Ore. Small town and rural patronage. CURLY TOP: Shirley Temple— Broke our house record for the past five years. — W. H. Hardman, Royal Theatre, Frankfort, Kansas. Small town pat- ronage. CURLY TOP: Shirley Temple— A carbon copy of "Daddy Long Legs" that our patronage thought colos- sal. Excellent business.— J. W. Noah, New Liberty & Ideal Theatres, Fort Worth, Texas. General pat- ronage. DANTE'S INFERNO: Claire Trevor, Spencer Tracy —The season's prize disappointment. With all the advance publicity on the part of Fox on this picture, one would expect something unusual, but it flopped pathetically at the box office. Settings spectacular, but why not leave this kind of fiction in book form, where it belongs? A few of the socalled intellectuals raved about it, but their minority do not offset the losses one takes on this kind of entertainment. Run- ning time, 88 minutes. Played October 1-3.— G. A. Troyer, New Lyric Theatre, Rugby, N. D. General patronage. DANTE'S INFERNO: Claire Trevor, Spencer Tracy —Took a big flop! And we blame the producer en- tirely for it. In the first place, if they had saved themselves (and incidentally the poor exhibitor who paid an unwarranted price) thousands of dollars by eliminating every foot of "Hell," the picture would have been 100 per cent better. In the second place, there wasn't a player's name on any of the adver- tising, window cards, slide, insert, or anything else. Names such as they had to exploit, would have meant dollars to the box office. For one, we were very much disapix)inted with the entire production, starting with the way it was sold to us down to the way the com- pany failed to assist the exhibitor in selling it to the public. Running time, 88 minutes. Played October U -12.— Horn and Morgan, Inc., Star Theatre, Hay Springs, Neb. Small town patronage. DRESSED TO THRILL: Clive Brook, Tutta Rolf— Not so hot! Was a great disappointment both in pro- duction and at the box office. No drawing power whatsoever. Running time, 75 minutes. Played Sep- tember 25-26.— Horn and Morgan, Inc., Star Theatre, Hay Springs, Neb. Small town patronage. FARMER TAKES A WIFE, THE: Janet Gaynor, Henry Fonda — One of the worst seen yet with Janet Gaynor. What she needs is better stories and Charles Farrell back again to bring to the box office what they once did. Scenery new and difTerent, having a setting along the Erie Canal. Did not draw at the box of- fice. Running time, 91 minutes. — C. H. Collier, Globe Theatre, Drew, Miss. Small town patronage. GINGER: Jane Withers, Jackie Searl— The picture is entertaining and went over very good. — W. H. Hardman, Royal Theatre, Frankfort, Kansas. Small town patronage. HARD ROCK HARRIGAN: George O'Brien, Irene Hervey — Not the type of picture this star's fans ex- pect to see him in, but in this town they are loyal and so turn out whenever we show his pictures. This pleased fairly well and business excellent. Running time, 61 minutes. Played September 27-28.— M. R. Harrington. Avalon Theatre, Clatskanie, Ore. Small town and rural patronage. LITTLE COLONEL, THE: Shirley Temple, Lionel Barrymore, Bill Robinson — This was our opening pic- ture for the year and it was a good one to open with. But Miss Temple does not have the appeal she used to. Nevertheless, it was a fine picture and every- body liked it that saw it. The color part in the end should have been a little longer and more dancing and MOTION PICTURE HERALD CAPTAIN, ADD THESE TO COMPANY ROLL From the South and the south Middlewest this week come two new contribtitors to "What the Picture Did for Me." They are: C. H. Collier, Globe Theatre, Drew, Mississippi. Reggie Buxton, Strand Theatre, Ransome, Kansas. Read the reports of these showmen in the department this week. more southern music; it would have pleased more of them. We did average business but not what we used to do with Shirley. We also handed out 8 inch by 10 inch pictures of Shirley Temple to everybody who came and that pleased them all. If you get a chance, play it as it will do a good business and you will not lose. Good print and clear. Running time, 80 min- utes. Played October 18-19.— Albert Hefleran, Owl Theatre, Grand Rapids, Mich. General patronage. ORCHIDS TO YOU: Jean Muir, John Boles— Fair program picture with a somewhat trite story but well performed and entertaining. I didn't play it alone so I can't tell you what its box office strength might be. Played October 13-14.— Robert Wile, Granada Theatre, Pearl River, N. Y. Small town and suburban pat- ronage. SPRING TONIC: Lew Ay res, Claire Trevor— A bodge-podge of nonsense that received satisfactory audience response. — J. W. Noah, New Liberty & Ideal Theatres, Fort Worth, Texas. General patronage. STEAMBOAT ROUND THE BEND: Will Rogers— This picture broke all house records. NufT sed. Played October 3-4.— H. G. Crawford, Palace Theatre, Piano, Texas. Small town and rural patronage. STEAMBOAT ROUND THE BEND: Will Rogers— The greatest of them all is gone and that they came on what is just a mediocre vehicle for Will is a tribute to his memory. I know that he will have a happy landing in where he has gone and to say that he will be missed by both great and small is saying little. I ran them all from Jubilo, the happy tramp coming down the road whistling "Jubilo," with his Connecti- cut Yankee for a three times repeat. Certainly where he has gone has gained thereby and with a lump in my throat I will close. — A. E. Hancock, Columbia The- atre, Columbia City, Ind. General patronage. WELCOME HOME: James Dunn, Arline Judges Hardly up to Fox standards; in fact, we thought it very mediocre. Nothing to the story. Running time, 72 minutes. Played October 4-5. — Horn and Morgan, Inc., Star Theatre, Hay Springs, Neb. Small town patronage. WELCOME HOME: James Dunn, Arline Judge- Means nothing at the box office. Double bill material. Running time, 72 rauintes. — M. W. Mattecheck, Lark Theatre, McMinnville, Ore. General patronage. WELCOME HOME: James Dunn— Just a fair pro- gram picture. OK on a double bill. Flayed October 6. — B. Hollenbeck, Rose Theatre, Sumas, Wash. Small town patronage. WELCOME HOME: Arline Judge, James Dunn— It is a good program picture that pleased. — W. H. Hard- man, Royal Theatre, Frankfort, Kansas. Small town patronage. United Artists BARBARY COAST: Miriam Hopkins, Edward G. Robinson, Joel McCrea — A lusty story of early Cali- fornia days along the waterfront that just about tops any previous film of this type. Good mass entertain- ment.— J. W. Noah, New Liberty and Ideal Theatres, Fort Worth, Texas. General patronage. LET 'EM HAVE IT: Richard Arlen, Virginia Bruce —A swell "G Men" story. Far above the average pic- ture of that type. Book with confidence for any day of the week. Running time, 95 minutes. Played Oc- tober 3.— B. J. Vanderby, Palace Theatre, Doland, S. D. Genera! small town patronage. THUNDER IN THE EAST: Charles Boyer, Merle Oberon — As a rule, these socalled artistic efforts are a complete washout for this situation. But this proved the exception to the rule and not only pulled well but pleased. Story rather difficult to understand, with several situations left amost entirey to the imagina- tion. The photography was tops, but the sound left much to be desired. Running time, 79 minutes. Played October 4-5.— M. R. Harrington, Avalon The- atre, Clatskanie, Ore. Small town and rural patron- age. WE LIVE AGAIN: Anna Sten, Fredric March- Wonderful acting, but very poor business. People liked it, but the masses seem to like action pictures. — Har- 73 land Rankin, Flaza Theatre, Tilbury, Ontario, Canada. General patronage. WE LIVE AGAIN: Anna Sten, Fredric March— Cur- tains for this picture; very depressing. Well acted, but March has lost that something and the story did the rest. Don't like these sordid stories. Below aver- age business. — Harland Rankin, Plaza Theatre, Til- bury, Ontario, Canada. General patronage. Universal BRIDE OF FRANKENSTEIN: Boris Karlofif, Val- erie Hobson — Not as good as "Frankenstein," but okay for them "as likes" this type of entertainment. Did average business. Running time, 73 minutes. Played September 24-25.— G. A. Troyer, New Lyric Theatre, Rugby, N. D. General patronage. BRIDE OF FRANKENSTEIN: Boris KarlofI, Val- erie Hobson — Darkened our house and they all got the thrill they wanted. Don't like horror pictures myself, but they seem to have enough followers to make it worth while playing. Don't do any good.— Harland Rankin, Plaza Theatre, Tilbury, Ontario, Can. Gen- eral patronage. CHINATOWN SQUAD: Lyle Talbot, Valerie Hob- son— This was a real good detective picture which kept interest all through the picture. OK. — Harland Ran- kin, Plaza Theatre, Tilbury, Ontario, Canada. General patronage. LADY TUBES: Alice Brady, Douglass Montgomery, Anita Louise — Good entertainment and well liked. — M. W. Mattecheck, Lark Theatre, McMinnville, Ore. General patronage. LADY TUBBS: Alice Brady, Douglas Montgomery, Anita Louise — A grand piece of entertainment for all those present. Good story and good work by all in cast. Well directed. Thanks, Miss Brady, for one we were not afraid to boost the second night. — Reggie Buxton, Strand Theatre, Ransom, Kan. Rural patron- age. NIGHT LIFE OF THE GODS: Alan Mowbray, Irene Ware — This without a doubt was the craziest picture we have ever shown. It did no business. _ I failed to meet my people going out because of my dis- gust. Don't play it. Pay for it and be thankful for an honest tip. — Harland Rankin, Plaza Theatre, Til- bury, Ontario, Can. General patronage. Warner Bros. BROADWAY GONDOLIER: Dick Powell, Joan Blondell — Dick Powell is popular here and gives his usual good performance in this one. Not so good as "Flirtation Walk," but will please the cash custraers and that is all we ask. Running time, 98 minutes. Played October 2-3.— Gladys E. McArdle, Owl Theatre, Lebanon, Kan. Small town patronage. BROADWAY GONDOUER: Dick Powell, Joan Blondell— One of the best Powell-Blondell shows re- leased. Audience well pleased with entire show. Run- ning time, 98 minutes.— C. H. Collier, Globe Theatre, Drew, Miss. Small town patronage. BROADWAY GONDOLIER: Dick Powell— Good picture, well liked, and drew some extra business. — W. H. Hardman, Royal Theatre, Frankfort, Kansas. Small town patronage. GOING HIGHBROW: Guy Kibbee, Zasu Pitts— Hardly of sufficient B. O. strength to hold down a three-day run for us, but did fairly well and pleased to about the same degree. Running time, 67 minutes. Played September 29-October 1.— M. R. Harrington, Avalon Theatre, Clatskanie, Ore. Small town and rural patronage. I LIVE FOR LOVE: Dolores Del Rio, Everett Marshall— One of those pictures that brings tears to the eyes, of the exhibitor. The only highlight in this one is the singing.' Poor story and the temperamen- tal Del Rio in a rapid fire monologue that fortunately, no doubt, cannot be understood. Wish she would go back to South America or wherever she came from. Did not please many of my patrons. Running time, 64 minutes. Played October 9-10.— Gladys E. Mc- Ardle, Owl Theatre, Lebanon, Kan. Small town pat- ronage. PAGE MISS GLORY: Marion Davies, Dick Powell —Dick Powell good draw in small town. Marion Davies not much. Story weak; too much of Davies and not enough Powell. Flayed behind competitor; did not swell bank account by playing at all.— C. H. Collier, Globe Theatre, Drew, Miss. Small town patronage. STRANDED: Kay Francis, George Brent— A sur- prisingly good picture that everyone enjoyed. Some very exceptional shots of the California _ Golden Gate Bridge now under construction. Running time, 76 minutes. Played October 4-5.— G. A. Troyer, New. Lyric Theatre, Rugby, N. D. General patronage. WE'RE IN THE MONEY: Joan Blondell, Glenda Farel. Hugh Herbert— A good comedy from this pair with Hugh Herbert holding his own for a lot of laughs. Running time, 65 minutes. Played October 6-8.— G. A. Troyer, New Lyric Theatre, Rugby, N. D. Gen- eral patronage. WE'RE IN THE MONEY: Joan Blondell, Glenda Farell— As usual, this pair of fun makers generally satisfied, although we have a number of patrons who 74 MOTION PICTURE HERALD November 2, 1935 do not like them at all. It's hard to satisfy every- body. Running time, 66 mmutes. Played October 2-3. — Horn & Morgan, Inc., Star Theatre, Hay Springs, Neb. Small town patronage. WE'RE IN THE MONEY: Joan Blondell, Glenda Farrell — An excellent comedy that pleased in every particular. The stars are well known for this type of film and they did just a little more and a little better than was expected. The result was pleasing in every particular. Played October 12. — Robert Wile, Granada Theatre, Pearl River, N. Y. Small town and suburban patronage. Short Features Educational HELLO, SAILORS: Buster West, Tom Patricola— This is the best musical comedy I've seen for soine time; as much dancing nearly as "Roberta." Play it, you'll like it.— Harland Rankin, Plaza Theatre, Til- bury, Ontario, Can. General patronage. HIS LUCKY DAY: Star Personality Comedies— A good comedy and not slapstick. — C. L. Niles, Niles Theatre, Anamosa, Iowa. General patronage. KISS THE BRIDE: Tuxedo Comedy— Just very or- dinary. Do you suppose there will ever be another really good comedy made — Horn and Morgan, Inc., Star Theatre, Hay Springs, Neb. Small town patron- age. LITTLE BIG TOP, THE: Frolics of Youth— Fair comedy. Running time, 20 minutes. — M. R. Harring- ton, Avalon Theatre, Clatskanie, Ore. Small town and rural patronage. MOUNTAIN MELODY: Song Hit Stories Series— Rather poor. There was not much to say about it as it did not have any meaning and I thought it was rather simple on the standpoint of shorts, as Edu- cational usually puts out good shorts, but this one was below average. Running time, 9 minutes. — Albert Hef- feran, Owl Theatre, Grand Rapids, Mich. General patronage. NOSE FOR NEWS, A: Joe Cook— Good. Running time, two reels.— H. Bettendorf, Opera House, Foley, Minn. Rural and small town patronage. RADIO RASCALS: Song and Comedy Hits Series- Has the Cabin Kids and other good musical acts. An excellent single reeler.— C. L. Niles, Niles Theatre, Anamosa, Iowa. General patronage. STYLISH STOUTS: Coronet Comedies Series— Why don't we exhibitors join forces and absolutely refuse to use any more comedies? Not one in ten is worth throwing on a screen and many of them are a disgrace. This was one of them. All companies whose product we use are the same with the exception of the "Broad- way Brevities" put out by Warners. Running time, 17 minutes. — Horn and Morgan, Inc., Sta Theatre, Hay Springs, Neb. Small town patronage. TARS AND STRIPES: Buster Keaton— Keaton^s comedies have proven favorites with our patrons. This one got the laughs. Running time, 20 minutes, — M. R. Harrington, Avalon Theatre, Clatskanie, Ore. Small town and rural patronage. THREE CHEERS FOR LOVE: Sylvia Froos, War- ren Hull — A real good college musical, with some good songs and laughs. You can't go wrong on this one, even if your mother-in-law is at the show. — Harland Rankin, Plaza Theatre, Tilbury, Ontario, Can. Gen- eral patronage. WHY MULES LEAVE HOME: Terry-Toons— Here is a cartoon that may be played over and over and it still has an appeal with the children. It is very, very good and any exhibitor who does not know just what short to play on a children's program, just play this one and I know that you will not be disappointed as it is just great. Running time, 6 minutes. — Albert Hefieran, Owl Theatre, Grand Rapids, Mich. General patronage. BURIED LOOT: Crime Doesn't Pay Series— This two-reel "Crime Doesn't Pay" is very good. Enter- taining and has a good lesson. — C. L. Niles, Niles Theatre, Anamosa, Iowa. General patronage. HISTORIC MEXICO CITY: FitzPatrick Travel Talks — Another fine travel colored short with excellent music. This not only furnishes entertainment but is educational and beautiful.— C. L. Niles, Niles Theatre, Anamosa, Iowa. General patronage. LUCKY BEGINNERS: Special— An amateur pro- gram with enough different kinds of entertainment to please everyone. One of the best and will please on any program. Running time, 2 reels. — Gladys E. Mc- Ardle, Owl "Theatre, Lebanon, Kan. Small town pat- ronage. MEMORIES AND MELODIES: Musical Revues- Wonderful colored subject on my "Old Kentucky Home." Many complimentary remarks. — H. Betten- dorf, Opera House, Foley, Minn. Rural and small town patronage. MIKE FRIGHT: Our Gang— Good. Running time, two reels.- H. Bettendorf, Opera House, Foley, Minn. Rural and small town patronage. SOUTHERN EXPOSURE: Charley Chase— The best Charley Chase for a long, long time. Kept them laughing and some stayed for the second showing. Running time, two reels. — Gladys E. McArdle, Owl Theatre, Lebanon, Kan. Small town patronage. SPRUCIN' UP: Our Gang— Very good "Our Gang" comedy. The new leading lady is good. Running time, 2 reels.— Gladys E. McArdle, Owl Theatre, Le- banon, Kan. Small town patronage. Paramount HYP-NUT-TIST, THE: Popeye the Sailor— These Popeye cartoons are well liked by our patrons and this one stacks up to average. Running time, 7 min- utes.— M. R. Harrington, Avalon Theatre, Clatskanie, Ore. Small town and rural patronage. MOVIE MILESTONES: Paramount Varieties— A few shots from the oldtimers, "Covered Wagon," "Miracle Man," etc Pleased. — C. L. Niles, Niles Theatre. Anamosa, Iowa. General patronage. POPULAR SCIENCE: Interesting scientific facts, presented in a manner that struck the fancy of our patrons. Done in color. Running time, 10 minutes. — M. R. Harrington, Avalon Theatre, Clatskanie, Ore. Small town and rural patronage. RKO Radio BLASTED EVENT: Edgar Kennedy— Domestic troubles brought the laughs. Recommend it for play- ing.—Harland Rankin, Plaza Theatre, Tilbury, On- tario, Can. General patronage. HUNTING SEASON: Rainbow Parade Cartoons— At last RKO has made an excellent colored cartoon. Give this one preferred time. — C, L. Niles, Niles The- atre, Anamosa, Iowa. General patronage. MAJOR BOWES AMATEUR THEATRE OF THE AIR: No. 2 — The first of this series was novel and appealing, but it would seem with the wide variety of amateurs on Major Bowes' program it would be un- necessary to jam it with "sameness" and Hill Billies as in the first of this series. Give us more variety. Running time, 20 minute.— G. A. Troyer, New Lyric Theatre, Rugby, N. D. General patronage. MARCH OF TIME: Too highbrow for the small towns. Costs double what it should. — W. H. Hardman, Royal Theatre, Frankfort, Kan. Small town patron- age. PATHE TOPICS: No. 6— We cannot say enough for these topics. A great filler, educational, entertaining and beautiful. — C. L. Niles, Niles Theatre, Anamosa, Iowa. General patronage. SALESMANSHIP AHOY: Four Star Comedy- Same remarks as made under "Stylish Stouts" applies here. This was terrible. Running time, 18 minutes. — Horn and Morgan, Inc., Star Theatre, Hay Springs, Neb. Small town patronage. SCOTTY FINDS A HOME: Rainbow Parade Car- toon— Better than average cartoon. — H. G. Crawford, Palace Theatre, Piano, Texas. Small town and rural patronage. SCOTTY FINDS A HOME: Rainbow Parade Car- toon— Not the best colored cartoon but will please.— C. L. Niles, Niles Theatre, Anamosa, Iowa. General patronage. United Artists GRASSHOPPERS AND THE ANTS, THE: Silly Symphonies — This is the third time for us and they all liked to see it again, — C. L. Niles, Niles Theatre, Anamosa, Iowa. General patronage. MICKEY'S FIRE BRIGADE: Mickey Mouse— A very fine Mickey Mouse that will please all. The duck rather steals the show from Mickey. — C. L. Niles, Niles Theatre, Anamosa, Iowa. General patronage. WHO KILLED COCK ROBIN: Silly Symphonies— This is a masterpiece and should rank with the "Three Little Pigs." Jennie Wren as Mae West is a knock- out. Give it your preferred time and advertise it. — C. L. Niles, Niles "Theatre, Anamosa, Iowa. Genera! patronage. Universal HERE'S THE GANG: Mentone Musical Comedy No. 13-A — Good variety type comedy that pleased. Running time, 20 minutes. — M. R. Harrington, Avalon Theatre, Clatskanie, Ore. Small town and rural pat- ronage. HOLLYWOOD TROUBLES: Universal Comedy- No excuse for this one. Not a laugh in it. Running time, 19 minutes. — M. R. Harrington, Avalon Theatre, Clatskanie, Ore. Small town and rural patronage. TID BITS: Doane Musical No. 2— Another good variety presentation. Running time. 19 minutes. — M. R. Harrington, Avalon Theatre, Clatskanie, Ore. Small town and rural patronage, TOYLAND PREMIERE: Cartune Classics Series— Plav it Christmas week. It's O. K. for kiddies.— Har- land Rankin. Plaza Theatre. Tilbury, Ontario, Can. General patronage. TWO LITTLE LAMBS: Oswald Cartoons— Another swell Oswald cartoon. These cartoons are very popu- lar here. The music in them is excellent, too. — H. G. Crawford, Palace Theatre, Piano, Texas. Small town and rural patronage. Vitaphone BORRA MINNEVITCH AND HIS HARMONICA RASCALS: Melody Masters Series — An excellent single reel that pleased. Running time, 1 reel. — Gladys E. McArdle, Owl Theatre, Lebanon, Kan. Small town patronage. BORRAH MINNEVITCH AND HIS HARMONICA RASCALS: Melody Masters Series — If you want a short that will have your customers bouncing in their seats, you can't aflord to miss this one. A fun- nier, faster-moving one-reeler could not be found. In fact, this one almost stole the show from the feature picture. — J. A. Reynolds, Recreational Director, New Jersey State Prison, Trenton, N. J. Prison patronage. DUBLIN IN BRASS: Morton Downey— This was very good, in fact, we very seldom ever get a poor "Broadway Brevity." But, Oh! You Big V. Comedies! —Horn and Morgan, Inc., Star Theatre, Hay Springs, Neb. Small town patronage. ECHOES: Charlie Davis and Band — Nice musical with some real novel acts and some oldtime songs. People liked it.— Harland Rankin, Plaza Theatre, Til- bury, Ontario, Can. General patronage. FREDDY MARTIN AND HIS ORCHESTRA: Mel- ody Masters Series — Rather a disappointment. Too much attempted in so short a time. Nothing to write home about. — J. A. Reynolds, Recreational Director, New Jersey State Prison, Trenton, N. J. Prison pat- ronage. LADY IN RED, THE: Merrie Melodies Series— As usual, this Merrie Melody was very good. — Horn and Morgan, Inc., Star Theatre, Hay Springs, Neb. Small town patronage. LADY IN RED, THE: Merrie Melodies— A very ex- cellent colored cartoon. Good for your preferred time. — C. L. Niles, Niles Theatre, Anamosa, Iowa. General patronage. MERRY OLD SOUL, THE: Merrie Melodies— A fine colored cartoon. — C. L. Niles, Niles Theatre, Anamosa, Iowa. General patronage. RADIO SILLY: Cross & Dunn— "This short subject is worth emphasizing to every exhibitor for its enter- tainment merit. Afte'- we played it. we screened it for our staff. — Hailand Rankin, Plaza Theatre, Tilbury, Ontario, Canada. General patronage. RUBINOFF AND ORCHESTRA: Melody Masters Series — The Melody Masters are always good and this one is no exception. Running time, 1 reel. — Gladys E. McArdle, Owl Theatre, Lebanon, Kan. Small town patronage. SOME BRIDGE WORK: Easy Aces— No good for the farmers who don't play bridge. It doesn't suit our situation. — Harland Rankin, Flaza Theatre, Tilbury, Ontario, Canada. General patronage. SO YOU WONT T-T-T-TALK: Roscoe Ates, Shemp Howard — Very poor comedy. Can't recommend this one. — Harland Rankin, Plaza Theatre, Tilbury, On- tario, Can. General patronage. WE DO OUR PART: Radio Reel No. 3— A good one- reel musical, giving the people Gene and Glenn. Play this one. — Harland Rankin, Plaza Theatre, Til- bury, Ontario, Can. General patronage. WHY PAY RENT? Roscoe Ates, Shemp Howard- Slapstick, house building comedy, pathetic, but every- body laughed, so I guess it was O. K.— Harland Ran- kin, Plaza Theatre, Tilbury, Ontario, Can. General patronage. WILL OSBORNE AND HIS ORCHESTRA: Melody Masters Series — A Melody Master that will add class to your program. "Two Cigarettes in the Dark" has everything it takes for high class entertainment. Run- ning time, 1 reel. — Gladys E. McArle, Owl Theatre, Lebanon, Kan. Small town patronage. Miscellaneous BAER-LOUIS FIGHT PICTURES: Excellent pic- tures of the fight with slow motion of the knockdowns. Pleased and drew additional business. — C. L. Niles, Niles Theatre, Anamosa, Iowa. General patronage. FOX NEWS: No. 1— Very fine newsreel. They are remarkable for a newsreel. No other reel of news from other companies can compare with Fox.— Albert Hef- feran. Owl Theatre, Grand Rapids, Mich. General patronage. MILLIONS: Here is a picture with free ad- vertising and no rental fee. Obtained by writing Modern Woodmen of America, Rock Island, 111, Part- ly in color. AH about the World's Fair. People who did not get to see it when it was poing, now is the time to see it in full detail. And it is just that, it has some grand pictures of the Fair. The print was in perfect condition. Play it as it means profits. Also, free windcw cars, as many as you need. We tried it and it made extra profits for us and it only costs you the transportation, so why don't you take a chance? You cannot lose. — Albert Hefieran, Owl Theatre, Grand Rapids, Mich. General patronage. November 2, 1935 MOTION PICTURE HERALD 75 M'JTION ^<^J PICTURE MANAGERS* ROUND TARLE CLUR zAn international association of showmen meeting weekly in MOTION PICTURE HERALD for mutual aid and progress OP FLEXIBILITY Now George Henger and Jack Dailey speak up and their opinions on a following page added to letters previously run on the "reporter" style advertising wind up an interesting and Infornnative discussion of the merits and demerits of restraint as against over-enthusiasm in theatre advertising. Agreement among the writers is quite unanimous against prodigal reiteration of unsubstantiated superlatives. But there is almost as much accord that the "colossal" school still has vitality; that enthusiasm (called by one contributor, the life- blood of show business) can readily and appropriately be defined as a manner of colossal advertising. Most important perhaps in the forum has been the stress placed upon the manpower value in the construction of the "reporter" ads. Pointed out originally by Elmer Rhoden and confirmed by many of the writers, the success of the "reporter" idea in the final analysis depends almost entirely upon the facility of the pen with which it is set down. As Paul Short says, "The Screen Reporter idea must be handled with kid gloves by showmen who are equipped to do it." And Jack Dailey writes: "It takes a brilliant writer with a sense of humor and possessed of excellent taste. . . ." It also takes. If we may add, a delicate sense of timing, flair for eye-catching layout and, not the least, an ability to choose those picture news items to attract the greatest possible return of reader atten- tion. However, the consensus of opinion on either side of the discussion leads to no definite decision pro or con, nor is it meant to do so. That such representatives as the Fox Mid- west and Standard Theatres showmen have found the "re- porter" style of actual benefit is not to be ignored. And that members including Russ Hardwick and Herman Bamberger have used it to advantage, is also to be noted. If there is a final word, it should be, there is no arbitrary form of advertising to solve the curse of superlatives or to supply the need of them. The flexibility of the motion picture story in conception and execution should be matched by an equal flexibility in its mode of publicity and advertising. AAA POSTSCRIPT Joe Doakes was through. No one would give him a job and his former friends shunned him as though he had the very plague. True, he wrote fine theatre copy and his newspaper ads were recognized wherever publicity men gather. But the bad break he made could not be excused and overnight his position had gone the way of all flesh. He was "available" — and how. Joe realized his error had violated all the accepted tenets of theatre advertising procedure and he pleaded for another chance. But all in vain. His wife was hungry, his children cried for food. So Joe went on relief and swept leaves together in the park hoping the world would forget. Six months later he tried again and this time luck seemed to be with him, for he was told to report for duty on his old assignment. Grateful that his crime had seemingly been forgiven, Doakes appeared the next morning afire with ambition, when, lo, he was told that all bets were off. With a despairing cry, Joe staggered to the river to end It all. And what did this poor unfortunate publicity man do to turn the world against him? What, oh, what was this heinous crime? Well, if we must give the horrible details — then we must. He wrote a held-over ad and forgot to Include: "SECOND B I G WEEK." AAA PLEA FOR BALD HEADS Now that the nights grow chill and the wintry winds are just around the corner, your venerable chairman representing on his own behalf the legions bereft of hirsute adornment and also those with sensitive necks, pleads for alleviation of that awful annual affliction in the theatre — annoying draughts. It may be tough to keep 'em out, for those icy gusts sneak under doors, dodge through stage entrances, climb down the venti- lators and take advantage of every opening. But smart theatremen realizing there are so many of us who suffer the tortures of the damned when subject to the Inquisition of icy wind streams, are digging in right now to repulse the dogged advances. And for which we bald heads are appreciative no end. Annoying draughts that spray cranium and vertebrae with chilly breezes should be outlawed immediately by every theatre in the land. 76 MOTION PICTURE HERALD November 2, 1935 Hardwick Puts Over Gag Fashion Parade SHOWMEN'S LOBBY LAFFS! Sends Class Folder To New Residents At the Plaza, the New York class house that caters to the Park Avenue trade, Man- ager Milton H. Chamberlain recently cre- ated an advertising job strictly in keeping with the tone of the theatre and which was forwarded to the new residents of that neighborhood. Body of the advertising is a six-page folder, three inside pages carrying complete information and time schedules on three shows making up the following week's pro- grams, outline of story and cast of characters of features topping mention of other units. Other back pages include various comments on a ballot idea Chamberlain recently spon- sored to ascertain whether patrons prefer- red single or double features. Front page carries drawing of theatre and over this is Deadline^ Folks Still time to midnight of 'Wednes- day, November 6, to get those Octo- ber entries to headquarters for Quig- ley Awards consideration, and the address is 1790 Broadway, New York. Judges, as announced last week, are S. Charles Einfeld, Phil Reisman and George Weeks. —A-MIKE folder with circle in center framing the theatre drawing. Tipoff on class of patronage house goes after is sample of copy Milt uses as follows : "The Plaza's weekly program is equally noted for its lack of bombast and its com- plete information including accurate time schedules by which civilized movie-goers can avoid seeing pictures backwards." Win a Hollywood Ah Trip! Italian One Sheets Special Italian one sheet was prepared by Hazel Flynn's department for buildup on "Last Days of Pompeii" at the Center The- atre for use in Italian neighborhood and surrounding territory. Same idea was also followed out with special colored throw- aways. Win a Hollywood Air Trip! And, of Course A Raincheck Through cooperation of Benjamin Parry, meteorologist for the weather bureau in New York City, RKO Radio's press book for "The Rainmakers," the new Wheeler and Woolsey comedy, suggests numerous weather bureau tieups. The press book stunts include a home- made rain gauge, instrument displays for the lobby, a sprinkler system which provides a "rainy day" marquee, rain prediction teas- ers and a rain insurance policy. And, of course, a rain check. Burlesquing the conventional bathing beauty revue and fashion show with men as models for a flock of laughs and a dis- tinct tilt in the grosses is reported by Man- ager Russ Hardwick, for the Lyceum, Clovis, N. M. Idea was tied in to Lions' Club for a per- centage of receipts for the two nights of the show, the club taking 20 per cent the first night and 15 the second to go to char- ity fund. In exchange Lions served as models, also plugged the show generally and helped to sell extra tickets. With the club president, Rus got a lot of merchants to sponsor models, each store paying entry fee of $1.50 with 30 coming in on the stunt. Newspapers of course went strong for the show, staged as would be a legitimate fashion parade, all the partici- pants playing "straight." A few exceptions were made, such as stage decoration being rough interior with drapes over doors and windows of burlap sewed together from two sacks. Cactus and weeds were used instead of flowers. Men first appeared in evening dress, try- ing their durndest to attain the ease of the professional model and thereby gathering plenty of laughs. To help along, Rus dug up a lot of gag wigs for extra giggles. Second appearance was in burlesque bath- ing suits such as oversize, handmade satins, old style with long drawers and skirts, etc. Prizes given by voting ballots were also gagged and included brass cuspidors, etc. Run for two nights, Hardwick reports show one of his most profitable ideas with the entry money covering most of the extra costs. Manager also wrote all the publicity, which was much more than usual and aided merchants in layout of burlesque ads that included composite cuts of women in bath- ing suits topped by men's heads. Theatre ads also contained names of all stores par- ticipating and models representing each. Win a Hollywood Air Trip! Doc Lee Apologizes With the SRO sign getting a play at the Brooklyn Paramount on "Page Miss Glory," Doc Joe Lee ran a full column ad of apology for the inconvenience caused to the hundreds who were turned away. Always the gentleman, eh, Joe ? Win a Hollywood Air Trip! ATMOSPHERIC FRONT. Louie Charninsky. Capitol, Dallas, Tex., used real logs for his "Arizonian" front. Note hillbilly and unique treatment of action stills in wagon-wheels. November 2, 1935 MANAGERS' ROUND TABLE 77 Secures Plugs With Correct Time Stunt Folks down in Miami, Fla., who have no watches or possess inaccurate timepieces now call the Rex Theatre on a special num- ber in that tropical playground for this in- formation. It's a stunt put over by Manager J. H. Luter now built up to where from three to four hundred calls a day are re- ceived, the service working as follows : Special telephone is installed in box-office with extension to small room where from seven in the morning to eleven girl takes the time calls. Extension charges are less than usual as no outgoing calls are made over this line. Phone company also made available easy number to remember, this being 3-1010, advertised as three-ten-ten. Service operates from seven a. m. to eleven at night, and after eleven in the morning regular cashier handles the calls at the box-office. When the special number rings, cashier knowing it is for the time service, answers as follows, for instance : "Good morning, Rex Theatre — showing for the last times today Clark Gable in Jack London's 'Call of the Wild' with Loretta Young and Jack Oakie — the correct time is 11:39." Luter advertises the stunt with small cards, telephone hangers, etc., and states that though his house is second-run with limited advertising budget, the idea has great pos- sibilities and is developing right along. The peak hours, says Luter, are from seven to eight in the morning and from five to six in the afternoon. Wm a Hollywood Air Trip! Burkhardt Effects Radio Contest for "Call of Wild" An essay contest on "Why I would like to have a dog like Buck" was arranged through cooperating radio station by How- ard C. Burkhardt at Loew's State in Provi- dence for his "Call of the Wild" engage- ment. Promoted prize dog was on display in front of theatre, station giving daily plugs to contest and story broke papers. Beauty store featured an Oberon coiffure, hat store plugged a Gable hat, each mer- chant mentioning premiere in their ads. Book marks were distributed at all public libraries, plus imprinted book covers. Win -a Hollywood Air Trip! STREET PARADE. A drum corps of fifty pieces was used by Bill Adams, Colonial, Brockfon, Mass., for "Alibi Ike," boys carry- ing fhea+re banner af head of parade -^■''W^m^^mmmf^'^^MMim^^^m'^'^^^^^^^^ rif itiiMiiiiiii GREETS VETERANS. Manager Rodney Toups, Loew's State, New Orleans, arranged front reproduced above on Southern premiere of "Dark Angel" during national con- vention of Veterans of Foreign Wars. Color scheme: white enamel and grey on black enamel, background edged in silver. Flags and bunting carried out decoration scheme used generally. Goetz Stages Theatre Anniversary Party Annual birthday party to celebrate theatre anniversary was recently put on by Joe Goetz, RKO Paramount, Cincinnati, to sig- nalize fourth year. Front was brilliantly illuminated and lobby profusely decorated with flowers was used for dancing, music supplied by leading Cincinnati bands. Re- freshments were served and Mayor and other prominent officials made appropriate addresses. Congratulatory messages from Joe's wellwishers poured into theatre and stories broke local dailies. Win a Hollywood Air Trip! "Time" In Palestine Jewish rabbis are being contacted on pro- motion handled by Leon J. Bamberger, of RKO Radio, in regard to Palestine sequence shown in current March of Time. Rabbis are to be invited to screenings and it is also suggested that theatremen contact Jewish congregations to build up local interest. Win a Hollywood Air Trip! Cline's Ad Includes Raves from Prominents Charlie Winchell sends along copy of spe- cial ad gotten out by Burr Cline, Opera House, Jamestown, N. D., on "Broadway Melody," with comments from local promi- nents included in the display. What the folks had to say about the show was planted in a series of small boxes along the border of the ad and was effective enough to have the Minnesota Amusement Company ad director recommend adaptation by other cir- cuit managers playing the attraction. New Orleans Theatremen Utilize Smart Novelties From Harold H. Bailey and I. Roy Cala- mia, who have recently opened their first venture, the Gentilly Theatre, a New Or- leans neighborhood house, come a number of interesting ad ideas and effective novel- ties. For instance, on "Man Who Reclaimed His Head," an oblong cardboard one-fold herald, size five by three inches, was used, with a teaser angle on the cover (see photo) with copy set as follows : The block "I" was set the depth of the four lines of copy, each underlined, all print- ed in light red. Small type below read "see inside" for the turnover, with theatre and picture copy on the inside flap. To stimulate interest in "Cardinal Riche- lieu" the boys got out a colored throwaway upon which was carried a trade review on the picture. Ten passes were offered for those selecting what they thought the most forceful sentence in the review with a blank provided for the sentence selected plus name and address of entrant, these to be left in special box in foyer. Bailey and Calamia report favorable returns on this and further audience response on other novelty tieins. BRiWG DOOM TO WOMEN DEATH TO MEN BLAST HOMES CRUSH LOVE Cover of Gentilly Teaser Folder 78 Dannenberg Ties Library Up +o "Midsummer Dream" Sid Dannenberg, Warner's publicity chief in Cleveland planted a special display on "Midsummer Night's Dream" in the city's main library for that opening at the Hanna Theatre. Exhibit which was placed on large panel in show case off main entrance included de- picting highlight scenes with appropriate copy attached. A copy of the book with title page open was set at bottom of case and lying flat on either side were stories dealing with production. Entire display was given special lighting. Win a Hollywood Air Trip! Mayor Acts as Judge In "Tarzan" Call Contest The mayor of Morrilton, Ark., acted as judge in Raleigh Sharrock's "Tarzan" call- ing contest at the Paramount Theatre. Front page announcements were secured and Raleigh reports the stunt provided plenty of entertainment. Several colored boys painted with bright colors wearing shorts and carrying spears and knives paraded town carrying a 25- foot banner. Sound truck dressed to repre- sent a jungle with "tribesmen" and cards with picture copy toured outlying districts. For "Dante's Inferno," an entirely new front was constructed by use of huge devil's head with horns and tusks surrounded by flame effects. Powerful spotlight borrowed from local fire department was operated from building opposite by firemen. Win a Hollywood Air Trip! Bill's Mickey Mouse Party Special birthday greeting telegraph blanks from Mickey Mouse were distributed by Western Union boys for Bill Israel, Circle Theatre, Philadelphia, Pa., in connection with this lovable character's birthday. Wire was signed "it's my birthday, but your party, your pal," etc., etc., small cut of Minnie's boyfriend dressed up the message which also contained schedule of shorts to be seen. Win a Hollywood Air Trip! Puzzle Contest Basis of Goethals' "Dynamite" Date Guest tickets to see "Mr. Dynamite" were offered by George Goethals at the Prytania Theatre, New Orleans, La., in the form of a novelty herald carrying 15 small boxes, each containing a number. Certain six of these numbers when added together would give a total of 21 and to the first 25 submit- ting correct list tickets were awarded. Win a Hollywood Air Trip! Fishici n Ties Tintex To "Becky Sharp" A neat ticup with the Tintex people was arranged by Louis Fishkin, Alba Theatre, Brooklyn, for "Becky Sharp," for which they supplied a lobby display typifying the beauty of color. An attractive girl sent by the company experimented in booth (see photo) with various color dyes, distribut- ing free samples to every woman, and plug- MOTION PICTURE HERALD Damon's Novel "Music" Window Ghilione Carnival Lobby Display Mayor of Brownsville Presents Radio Fishkin's "Sharp" Color Lobby g'mg picture at every opportunity. Tieup was so successful the display was routed over entire circuit. Beautifully tinted heralds paid for by the Tintex people were distributed house to house, front carried theatre copy and back merchant's ad. Harry Kriegsman cooper- ated with Louie on the campaign. November 2, 1935 Ghilione Builds Animated Display for Mardi Gras Accompanying photo shows attractive lobby display used by Joe Ghilione, Hemp- stead Theatre, Hempstead, L. I., for the Mardi Gras carnival month. A rotating table set on platform with electric fan sus- pended inside, blew the balloons up as the table turned. For Mickey Mouse's birthday, Joe ar- ranged a birthday party for kiddies at which prizes were given to all in the nature of footballs, comic books, dolls, etc. Special lobby display was arranged with huge birth- day cake donated by baker. Cake was sur- rounded by cutouts of Mickey, Donald Duck, Minnie, Pluto, et al. Win a Hollywood Air Trip! Dressed Shirley Cutouts Used By Rotsky for "Little Girl" A very attractive tieup and window dis- play was secured by George Rotsky, Palace Theatre, Montreal, Canada, on "Our Little Girl" with Shirley Temple cutouts rigged up in the starlet dresses and the dolls with play- dates prominently displayed. On "Sanders" all ushers were dressed as junior commissioners and chief usher as a senior. Entire front was decorated with date palms, cut outs and "native" with shield and spear paraded in front of house. Win a Hollywood Air Trip! Mechanic Hosts Redheads All girls and women with red hair were admitted as guests of Morris Mechanic at the New Theatre, Baltimore, on opening day of "Redheads on Parade." Newspaper cooperated with stories on stunt. Win a Hollywood Air Trip! Deering Uses Weapon Display for "Heroes" A display of confiscated burglar imple- ments loaned by the police department served as a lobby display for Francis Deering's "Public Hero" engagement at Loew's State in Houston, Tex. Collection included vari- ous types of revolvers and shotguns used during past half century and such rare items as penknife pistols, etc. Girl attendant was stationed at fingerprint apparatus in lobby, prints taken on theatre cards which were carried into homes. Special screening preceded by dinner party for police chief, police officials and newspa- per men was held two weeks ahead and Sun- day paper ran full-page feature on "public heroes" with theatre ad included. Win a Hollywood Air Trip! Mock Gives Away Radio On "Love Me Forever" As part of his "Love Me Forever" cam- paign at Loew's Palace, Brooklyn, Assistant Walter Mock arranged a contest in daily with radio store cooperating in which new machine was awarded to person securing largest number of words from title of pic- ture. Accompanying photo shows First Mayor of Brownsville presenting winner with radio and that's Mock to left. Runnersup received guest tickets and merchant paid for distribution of heralds announcing contest also carrying display ad. November 2, 1935 MANAGERS' ROUND TABLE 79 FAMILY TRADE IN BRITAIN F P-Canadian Manager Discusses Operation in Provincial Towns; Theatres Aim for Family Trade BY CHRIS HOLMES Manager, Royal, Guelph, Onl., Can. "THEY SWARM AROUND LIKE BARGAIN SALE" I would like to offer congratula- tions on the Martin Quigley 20th anniversary number; to all those who took part in making this publication possible. Just to show you how we appre- ciate it, we have had a special table put in the foyer with the proper message calling our patrons' attention to it. They swarm around like a bargain- sale counter — and the comments are most gratifying. — Walter F. DAvrs, Manager, Capitol Theatre, Regina, Sask., Canada. Unusual Pressbook On Warners' 'Dream' Distinctly in keeping with tlie smart sell- ing campaign on Warner Bros. "Dream" is the exceptional pressbook gotten out by Charley Einfeld, to be used as the cover indicates, for the road show campaigns on the date. Hard covers are used to bind the im- pressive spiral-bound volume which meas- ures 14 by 20 inches and decorated in blue and silver. The campaign is introduced under the headings of "The Production As An Attraction" and "The Strategy of the Road Show Campaign." This is followed by editorials and general press endorsements for quote purposes, story of the picture cast of characters and production data. The exploitation section covers 20 pages and includes class tieups of every descrip- tion. Complete talk to be made by man- ager before civic associations is prepared and different is the six-day newspaper strip feature relating story of the actual produc- tion. Effective also is the half-hour radio dramatization which presents the highlights in motion picture history from its birth up to production of the "Dream." Ad section shows the entire newspaper layout for the New York campaign, mostly type, and also makes available complete lineup of pictorial displays. The publicity section includes two full page feature stories. Accessories of all types, banners, block and pictorial paper are shown with pocket on inside of back cover carrying samples of actual advertising aids. Book is a masterly job in all respects and an extra bow is indicated for Einfeld and the Warner advertising staff who had to do with its creation. Win a Hollywood Air Trip! Girl in Window Snaps Passersby for Mousson Dewey Mousson, Knickerbocker Theatre, Nashville, Tenn., used a trick stunt to plug "Page Miss Glory" by tying in with largest department store for window display. A camera was rigged up on tripod with printed announcement that group pictures would be taken through the window every fifteen min- utes and later displayed in theatre. Faces ringed with white circles received tickets. I was very much interested in Mr. Nath- anson's address during our recent conven- tion, and particularly in his remarks con- cerning the operation of theatres as applied to Great Britain. Having gained the major portion of my theatre experience in England, I can ap- preciate Mr. Nathanson's observations. Perhaps a few highlights of the British exhibitor's methods might be found of in- terest to we celluloid salesmen over on this Continent. In the provincial towns in Britain, the ex- hibitor's chief aim is to secure the family trade. To this end he takes the role of one of the family and imagines himself as living, figura- tively speaking, with his patrons. Their opin- ion of him, of his theatre, of his deportment and conduct as the family's entertainment caterer, of his attractions, and of all the thousand and one items which might come within range of their individual and collec- tive criticism, are all of extreme import- ance. Any thoughts he may have of "I like my show, therefore you must like it" are in- stantly dispelled by the discerning exhibi- tor. In consequence, he does not indulge in extravagant advertising. He presents his pictures to his "family" entirely on their merits, but he loses no op- portunity of dressing up his presentation, realizing the eye to be the greater part of the appetite. The British exhibitor credits his public with intelligence and would not dream of insulting it. He is fully aware that the flaws in his pictures are known to his patrons long before he has the picture booked. To ex- travagantly advertise weak product is just wasted time, effort and expense. This does not mean that he consoles him- self with the thought that the picture is bad, and so slaps it on the screen cold. He picks out the highlights which he knows have some appeal for his "family," and stresses them. Tie-ins, novelties and the infusion of local color he finds invaluable, but cheap ballvhoo he taboos. Describes Policy A set policy is adhered to, particularly with regard to prices of admission, to suit- able product for various nights of the week and to starting times of performances. The hey-day of the normal week is Saturday, the day on which the industries pay wages, and the program for that day is usually one built up especially for the family. The children monopolize the Saturday mat- inee, and the adults have the evening per- formances all to themselves. A and U pictures must be so labeled in all advertising, and A pictures are avoided on week-end bookings, as far as is possible. The starting times of performances have great bearing on the successful operation of the British theatre. Despite the continuous performance, the first and second house habituates have not been eliminated by any means. Tradition- ally, the British public prefers the "twice nightly" idea, and the exhibitor knows he must keep his program within the confines of two hours. Double billing is very much the thing, so that it requires careful selection in gauging the length of the film to fit into the two hours, because the second complete per- formance is just as popular as the first, re- sulting in quite a clearance of patrons be- tween houses. If the first performance usually starts at 7 p. m., the second must commence at 9 p. m. to be over by 11 p. m. To do this comfortably where the program almost ac- cupies the two hours, all exits are utilized at the intermission, leaving the main en- trance clear for the influx. Systematic ushering, aided by the hon- esty of the people, not only clears the the- atre in record time, but finds that very few patrons are sitting in a higher priced sec- tion of the house than the ticket they hold. Familiarity with the layout of the different priced sections through constant patron- age has the effect of the patrons making a bee-line for their proper seats. The tradi- tional respect for set rules rarely finds any- one attempting to be a "smart Alec." In addition, respect for the opposite sex makes it easy for the usherettes (girls usually oc- cupy the post). Prices Vary A sliding scale of admission prices has been the practice in British theatres for as long as I can remember. The range usually starts from 10c. in the "provincial" houses, and ends at 40c. Each section of the theatre is designated, such as Stalls lOc, Pit Stalls 18c., Pit 24c., Dress Circle 40c. and Balcony (back) 24c. The 24c. is the popular price. The Pit, Pit Stalls and Stalls form the lower floor, whilst the Dress Circle is our Loge. Some houses have more than one balcony, usually desig- nated by Dress Circle or first balcony, Upper Circle or second balcony. Family Circle or third balcony, and Gallery or fourth bal- cony. The higher you sit, the lower the price. Children are charged half price, excepting Saturday matinees, when the price is usu- ally 6c. Throughout the post-War depression, prices of admission have remained unaltered and theatres have not indulged in give-aways or like unethical practices to stimulate busi- ness. It is illegal anyway. The result has been one of sustaining the public demand for the primary commodity of the theatre. In comparing theatre operations of two widely parted countries, they both have op- positions of varying natures, but I still advocate getting after the Family Trade as the exhibitor's longest suit in whichever country you are operating. 80 MOTION PICTURE HERALD November 2, 1935 NEWSPAPER ADS FROM THE FIELD STANLEY November 2, 193 5 MANAGERS' ROUND TABLE 81 THE BIG BROADCAST BF 1936 IS NBT ONLY BIGJUT COLOSSAL Regina Crewe, American TWO FURTHER EXPRESSIONS N i w . . r o 8 » >. T I M I S. $ O PARAMOUNT -tU CH 1/022 N. Y. Paramount "Colossal" Ad Doman Arranges "Barbary Coast" Ball One of the top stunts in Bob Doman's "Barbary" campaign at United Artists The- atre, San Francisco, was ball put on at ace hotel with old-time bar planted (see photo) for atmosphere. Also effective was tiein on local street pageant put on by Chamber of Commerce. Bob arranging special sequence depicting days of Barbary Coast with scenery con- structed from plans of original in film. Float was entered in parade and bannered with theatre copy. San Francisco being the home of the "Barbary Coast," papers as was expected plugged date with lots of extra publicity and art. Feature was six-day serialization. Theatre front was decorated with real old time playbills used by saloons in the gold rush days. 'Barbary Coast" Old Time Bar In last week's issue of the Round Table, we reproduced a one-column "reporter" ad run by Standard The- atres, Oklahoma City, under the sig- nature of General Manager Pat McGee, and below is published a let- ter from City Manager George Hen- ger on the reasons for adopting this style. Following George's opinion is one from Jack Dailey, of Walter Wanger Productions. Below column to right is another variation of the "reporter" slant as used from time to time by Manager Russ Hard wick. Mesa Theatre, Clovis, N. M., and also illustrated at left is a one-column "colossal" ad run recently by the New York Paramount. My dear Mike: If you will pardon the delay in answering your letter regarding our Movie Reporter. I did so purposely as I was desirous of gain- ing more information regarding this type of advertising. As you state, we virtually lifted the idea from Elmer Rhoden after gaining his consent to do so. Nevertheless, we have attempted to swing away from the Fox West Coast style into an interpretation of our own. For example, while we have picked up the idea of giving away tickets and of using newsy items to concentrate attention on the column, we have gone into an entirely dif- ferent Sunday makeup and type style. As an example of the success that has followed this revolutionary type of advertis- ing, I might cite that we went into the old gag of putting on a "Revival Week" at one of our houses that was very sick through lack of product. We used no display adver- tising whatsoever in announcing and carry- ing through what was originally slated to be one week of revival pictures, but just by hammering away well in advance in the Movie Column and keeping it fresh daily, Revival Week spread for seven days to 21 and the end is not yet in sight. The box office receipts were more than gratifying with the theatre in question, doubling its revenue and lowering its cost both in adver- tising and naturally in film rental. I shall be very glad to keep in touch with you as the developments unfold through use of the so-called Movie Reporter. I am not so much concerned at present with any radical lowering of newspaper costs as I am in the possibilities of increased business. — George Y. Henger, City Manager, Stand- ard Theatres Corp., Oklahoma City, A A Dear Mike: I'm afraid that as long as theatre per- sonnel is what it is, I shall have to put up with the "colossal" school of advertising. It takes a brilliant writer, with a sense of humor and possessed of excellent taste ever to attempt to duplicate successfully Mr. Rho- den's "Screen Reporter." Fortunately, Mr. Rhoden has all of these things. Unfortu- nately, very few managers have them. Your average manager is much safer on the colossal grounds. There, he has but to garner a few choice adjectives from the pressbook or pull a few from former success- ful campaigns. Conditions being what they are, there are probably no more than 50 qualified and experienced theatre publicity men in the United Etates. One might think that Mr. Rhoden's style could be offered in pressbooks or from the home advertising offices of film companies. In that, he would be mistaken. No advertis- ing executive who thinks anything of his job would ever submit such copy to a producer who firmly believes his picture is the greatest. So, unless theatres start replacing their hard-working practical managers with young copywriters who would be worth $10,000 a year to any advertising agency, I think we should stick to the "colossal." Otherwise, I'm afraid you'll see some God- awful attempts to be brilliant and cute. Kindest regards. — Jack Dailey, Walter Wanger Productions, Los Angeles, Cal. Maybe Vm Wrong — What would you say? If all the elemental human emo- tions were dramatized — love, fpar. hate, desire, g-reed, sor- row, passion, tenderness, cru- elty and compassion — would- n't you say a picture should appeal to all? If it were extremely fan- tastic and had the aspect of wild adventure — great mys- tery appeal, and with superb and strange love angles, wouldn't you say it offered an array of entertaining fea- tures to please people of all ages and in all walks of life? If it pictured wonders that had only been dreamed of — a woman walking- through a curtain of steam and bathing in fire — an avalanche of ice, carrying humans and animals to destruction — a sabre toothed tiger sealed in a tomb of glacial ice — a tipping rock, delicately balanced over a bottomless abyss, upon which men fight frantically for fheir lives — a palace carved from the solid granite of. the heart of a mountain — wouldn't yoa say it was spectacular? We would — and wo. believe you will. You'll fi-nd it all in "SHE" — story of the emazing life of an increditable woman — told against a background of scenes unbelievable. "SHE," with a cai^t of rvGOO, comes to the LYCEUM 'starting at the Midnite Pre- vue Saturday and continuing through Sunday. Monday and Tuesday. Will you come see it — and then tell me if I'm wrong'; RUSSELL HARDWICK. 82 MOTION PICTURE HERALD November 2, 1935 FRANK BOUCHER assistant to Hunter Perry, Dominion The- atres, Lynchburg, Va., has just been ap- pointed a Colonel on Gov. Laffoon's staff. V IRVING LEFF has been transferred from the Duffield The- atre, Brooklyn, to the Alhambra there. V MURRAY ALPER is now holding down the fort at the Alba in Brooklyn. V WILLIAM CLARK succeeds MELVIN MILLER at the Audi- torium in Marshall, Mo. Latter has re- signed to open a dance club at Topeka. V ROY CATO is now at the Warwick, Kansas City, Mo., replacing JAMES LONG, who has gone to the Plaza. JERRY PARKER of the Ken- nedy, Kirksville, Mo., goes to the Granada and is replaced at Kirksville by HERBERT GOLLADAY. V CHARLES HULBERT will manage the Lee in Richmond, Va. V JACK PURVIS has been promoted and transferred to the Orpheum Theatre in Winnipeg, Can., hav- ing just left the Capitol in Sudbury. V EDDIE LEWIS formerly at the Regent in Bay Shore, is now managing the State in Ozone Park, L. I. V ADOLPH BUERIG has resigned as manager of Loew's State Theatre in Boston to join that outfit in Cal- cutta, India. STAN GOSNELL, Buerig's assistant, is acting manager. V ARTHUR COHEN former publicist at the Earle Theatre, Phila- delphia, is now managing the Queen in Wilmington, Del., succeeding LEON BEN- HAM. V CHARLES GARRETT formerly in Havana, has joined the public- ity staff of A. P. Waxman at Gaumont British. V AL SINDLINGER Quigley Award winner from the Appleton Theatre, Appleton, Wis., was another wel- come visitor to this office. V BUZZ BRIGGS of the State Theatre, Denver, Col., recently confined to the hospital, is back on his feet and well again, we are glad to report. V BEN STEVENSON has been named manager of the Roosevelt Theatre, Seattle, Wash., and JAMES M. HONE, JR., has been appointed manager of the Colonial. V ELMER BRIENT formerly with the Thalheimer circuit in Richmond, Va., heads the New Dominion Amuse. Corp., operating the Broadway and Beacon Theatres, Hopewell, Va. PAULINE ELBRING to Mr. and Mrs. Elmer W. Hecht on October 25rd. Father manages the Grand Theatre, West Palm Beach, Fla. Showmen s Calendar DECEMBER 2nd Monroe Doctrine — 1823 3rd Illinois Admitted— 1 8 1 8 Gen. McClellan Born— 1826 5th Martin Van Buren (8th Pres.) Born— 1782 6th Elissa Landi's Birthday 8th Eli Whitney (Inventor Cot- ton Gin) Born — 1765 9th John Milton Born — 1608 Doug. Fairbanks, Jr.'s Birth- day lOth Una Merltel's Birthday Victor McLagien's Birthday I Ith Alfred Nobel (Founder No- bel Prize) Born— 1833 Sally Eiler's Birthday 12th Edwin G. Robinson's Birth- day Karen Morley's Birthday First Marconi Wireless Across Atlantic — 1901 13th Heinrich Heine (German Poet) Born— 1798 Norman Foster's Birthday 14th Alabama Admitted— 1819 16th Boston Tea Party— 1773 John Bole's Birthday 17th John Greenleaf Whittier (Poet) Born- 1807 20th Irene Dunne's Birthday 21st Shortest Day of the Year Pilgrims Landed, Plymouth Rock— 1620 24th Ruth Chatterton's Birthday Carl Brisson's Birthday M. E. Church Organized in U. S.— 1784 25th Christmas Washington Crossed the Delaware — 1 776 27th Marlene Dietrich's Birthday ?1tli Woodrow Wilson Born— 1856 Lew Ayres' Birthday 29th Iowa Admitted— 1848 Texas Admitted — 1845 Andrew Johnson (17th Pres.) Born— 1808 Claire Dodd's Birthday 31st New Year's Ev€ West Virginia Admitted — 1862 ■m ANNA BELL WARD general manager Phoenix Amusement Co., Lexington, Ky., stopped into Club headquar- ters with her sister, Mrs. Robert Burnett, of the Madison and State Theatres, Richmond, Ky. V HARRY BLACK formerly at the Poli in New Haven is back in Albany managing the Palace there. H. H. MALONEY has taken over his post at the Poli. V GEORGE L. JONAS has been appointed manager of the Meramec Theatre, Sullivan, Mo., replacing R. E. RIGGS who goes to the Lyric in Lebanon, Mo., succeeding C. H. FAYANT, retired. V TOM DI LORENZO formerly at the Tivoli in Jersey City, will manage the recently reopened and newly decorated Granada in Corona, L. I. V JOE STOWELL succeeds LOUIS WEINBERG as manager of the Pitt in Pittsburgh, Pa. V WILLIAM H. WAGNER is managing the reopened Beldorf Theatre, Independence, Kans. V S. S. SOLOMON has left the Regent, Newark, N. J., to man- age the Castle Theatre in Irvington. BILL SCHELL has replaced Sig. V DAVE MORRISON formerly city manager at Greeley, Colo., for Westland Theatres has opened the Colonial Theatre at Pueblo, Colo. V PHIL BLOOMBERG has resigned as manager of the Paramount, Salem, Mass., to become city manager for Salem Realty Co. controlling five houses. JAMES FIELD, formerly assistant, has succeeded him. V JOSEPH MORENCY is now manager of the Plaza Theatre, Salem. V WILLIAM DECROTEAU formerly manager of the Ware, Beverly, Mass., is now at the National replacing LOU RICHMOND, who has been made field manager for E. M. Loew's N. E. houses. HARRY BLACKSTONE, who was assistant at the National, manages the Regal, Arlington, now. V HAROLD KAPLAN will be the managing director of the Minne- sota Theatre, Minneapolis, when it reopens. V CHRIS JOYCE has been appointed manager of the Regent Theatre, South Norwalk, Conn. Chris was formerly assistant at the Allyn, Hartford. V LLOYD THAYER has been named manager of the New Bijou in Aberdeen and the New Hoquiam in Ho- quiam, Wash. November 2, 1935 MANAGERS' ROUND TABLE 83 YOU ARE INVITED TO JOIN UP MARTIN SIMPSON is the assistant manager of the Palace The- atre in Toronto, working for Charlie Qeur- rie. Martin started at the Capitol in Wind- sor under Ed Gilmore and Dan Krendel. Later went to the Tivoli there and then to Toronto as Chief for Dan and then to his present house. Simpson has always been with Famous Players and entered showbusi- ness at the tender age of seventeen. V CLAUDE E. POOLE is the exploitation manager of Warners' Academy in Hagerstown, Md., working for our good friend Tommy Baldridge. What's the matter boys, we haven't heard from you, particularly Tom, who promised us some time ago when he was up to be more ac- tive ! Between the two of you, Claude, we'll expect a letter a week. V H. E. GOWLAND is managing the Washington Theatre in New Orleans, too. If you two boys don't know each other, it's time you got acquainted and we'll introduce you via this page. How about a little lively competition between the two of you ? Between the two of you there's no reason why New Orleans shouldn't be well represented on these pagees. V LEWIS WERNER manages the Y.M.C.A. Theatre in Ware Shoals, S. C. Since you want to join the club, Lewis, and take advantage of the stunts we list, I should think an account of your activities handling the "Y" ought to be mighty interesting. Maybe some of the stunts you are putting over could be applied to other theatres. V MILTON SWANSON is the chief artist for the Palace and Winter Garden Theatres in Jamestown, N. Y., for Warner Bros. Milt's work has appeared on our pages frequently and this will serve as a reminder that we haven't heard from him recently. How's about you. Milt ? V WILLIAM N. DARBY is close to home, managing the City Theatre on East 14th Street, New York City, with Sol Schwartz. Listen, boys, if the out-of- town members drop in first opportunity they get when visiting here, there's no excuse for your not coming up to say hello .and get- ting personally acquainted. The latch-string is out, so come on up. V FRANK P. McDonald assistant at the Lancaster Theatre, Boston, Mass, admits to be an ardent follower of our pages. His chief, William J. Russell, is also a member, having joined a while back, so between the two of them we expect to have some reports as to what's what up Boston way. V E. Q. BENBOW is the general manager and owner of the Grand and Earle theatres, in Mount Airy, N. C, from which town we already have members. We are glad to add your name to the ever-growing list and hope you shall become a frequent contributor. Paul Binsfock Becomes Benedict A farewell-to-bachelorhood party was tendered Paul Binstock, manager of the Re- public Theatre, Brooklyn the other evening at the Valhalla Restaurant. The attractive bride was the former Helen Heller. Among those present were: Mr. & Mrs. Murray Alper, Alba Theatre, Joe Rinzler and guest, Biltmore ; Mr. and Mrs. George Litman, Culver ; Irving Berman, Meserole ; Irving Gold, Walker ; Irving Goldstein, Randforce home office ; Charles Steinman, exhibitor; Mr. & Mrs. Lew Preston, general manager Nelson & Renner ; Mr. & Mrs. Max Cooper, Fox, Hackensack; John La Barba and guest, Meserole ; Mr. & Mrs. Ed- ward Sachs, Lefferts ; Mr. & Mrs. Pincus, Maspeth ; Mr. & Mrs. Joseph Morse, former Brooklyn attorney ; Dave Stern, vaudeville booking agent and Mr. & Mrs. Fred Kazan, photographer. Win a Hollywood Air Trip! Birthday Greetings Bob Anthony Sol J. Levoy Bob Atkinson W. Young Louis James R. Bartlow Ralph Lundgren Al Beckerich Roy McLair Tan Boon Bee Don C. Malloy Robert Lee Bell Sidney Magen Oliver Bradbury Fred Meyer, Sr. Lew Bray Paul E. Michand Adolfo Caruso Oscar H. Miller Celas Camerlin Laurel Nelson James W. Christian R. W. O'Donohue Edward J. Cline Albert O'Neill Maurice A. Cohen R. D. Olson A. Jerry Cooper Harry Pickett Arthur Cohn James V. Pisapia Frank Dancer B. H. Powers Wilbur Degenhart Merritt J. Pragg Lewis A. Doran Burleigh G. Rose Jack Pieman William S. Samuels J. C. FitzSimons Henry G. Santos H. M. Francisco Theo Schlosser E. O. Gabriel J. B. Schotborgh George E. Gemming L. W. Scott Paul Garns Raleigh W. Sharrock Frank C. Goldquist Joseph W. Shuck 1. Goldstein C. Don Sheedy Mort Goodman Allison Stanford R. F. Hardin Al Stevens Joseph Herman Sidney A. Sommer Laverne Ingersoll Bill C. Talley Sterling Jermstad Richard M. Thomaso Tom Johnson Johnnie Turner Morris Kaufman Dave Unger B. L. Kearney Ernest Walker Joe Kendall Ronald E. Warren Igo Kron Louie Williams Frank La Bar O. B. Wood, Jr. A. G. W. La Shelle C. W. Woodall ED ROSEN now managing the Vanity Theatre, a Barr and Barr house in Brooklyn, N. Y., started in showbusiness as usher at the N. Y. Para- mount, later to be transferred to the Rialto as assistant chief. From there Ed went to RKO Albee and Madison under Bell Mack and then left the theatre game to enter the silk business. However, the lure of the mar- quee lights was too strong and so we find Rosen happily engaged managing the Vanity. V ROBERT M. WATTS has had considerable experience around the- atres, having started as usher, doorman, stage hand, operator and manager. He is now acting in that capacity at the Ritz The- atre in Centreville, Ala., for W. K. Couch, a showman for the past twenty-five years. V DAVID FREEMAN is another manager to join the round table ranks from the Paramount Theatre in Syra- cuse, where we boast such good members as Gus Lampe at the Fox Eckel and a few others. Ben Blackmon, publicist at the Para- mount is another good friend of ours, so you see, Dave, we're not unacquainted up your way. V JOSEPH REISNER acts as assistant manager of the Benson The- atre, Brooklyn, N. Y., a Randforce house and a circuit that is almost solidly Round Table conscious. There are mighty few, we guess, who haven't actually joined, so we are glad to welcome you as another to swell the list from Brooklyn. V LOUIS E. MAYER is the advertising and publicity director of the RKO Mainstreet Theatre, Kansas City, Mo., and as he joins, asks that we include his assistant, L. B. WILLIAMS, in the round table ranks. This is formal acceptance of your membership and we shall look forward with interest to reports of your activities. V ALBERT HARMAN manages the Elgin Theatre in Elgin, Ore- gon, and he is the first round tabler to join from that city, so the responsibility of let- ting your brother managers know how shows are put on in Elgin, will rest on your shoul- ders. We await with interest your reports. V O. H. BRADBURY at the Georgia Theatre, Atlanta, Ga., is no stranger to these pages, having contrib- uted from time to time. Brad for the past few weeks was assistant to our good friend E. E. Whitaker at the Fox in that city and was recently promoted to his present posi- tion. Best of luck to you and how about some campaigns? V ARTHUR FENIE assistant manager of the Boulevard, Jack- son Heights, L. I., started in showbusiness at the tender age of fifteen at the Hippo- drome in Buffalo. After serving in various theatres around that territory. Art came to New York to go to the Mutual Theatre in Jamaica and thence to his present job. 84 MOTION PICTURE HERALD November 2, 1935 a PCCDUCTICNS IN W€l3r M TITLE WRITER AND DIRECTOR CAST STAGE OF PRODUCTION AMBASSADOR "Timber War'' Story by James Oliver Curwood. Screen play, Barry Barringer. Diector: Sam Newfield. Kermit Maynard, Lucille Lund, Lloyd Ingraham, Wheeler Oakman, Roger Williams. Shooting UVRRY DARMOUR PROD. "Firetrap" Original screen play, Charles Francis Royal. Director: Burt Lynwood. Norman Foster, Evalyn Knapp, Sidney Blackmer, Oscar Apfel, Ben Alexander. Shooting METRO- GOLDWYN-MAYER "■Riffraff" Original, Frances I^srion. Directors J, ^Valter Ruben. jean Harlow, Spencer Tracy, Joseph Calleia, Una Merkel, Roger Imhoff, J. Farrell MacDonald, George Givot, Paul Hurst, Wade Boteler, Victor Killian, Mickey Rooney, Helen Flint, Baby Jane Quigley. "Rose Marie" "The Great Ziegfeld" INVINCIBLE Book, Otto Harbach, Oscar Hammerstein, II. Screen play, Alice Duer Miller. Albert Hackett, Frances Goodrich. Director: W. S. Van Dyke. Screen play, Wm. Anthony McGuire. Director: Robert Leonard. Jeanette MacDonald, Nelson Eddy. George Regas, James Stewart, Robert Grieg, Lucien Littlefield, Una O'Con- nor, David Niven, James Conlon. William Powell, Luise Rainer, Fanny Brice, Virginia Bruce, Frank Morgan, Nat Pendleton, Ray Bolger, Myrna Ley, Ann Pennington, Gilda Gray, Harriet Hoctor. Shooting; Shooting "Hitch Hike to Heaven'' Original, Robert Ellis. Screen play, Robert Ellis, Helen Logan. Director: Frank Strayer. Henrietta Crosman, Al Shean, Anita Page, Herbert Rawlinson, Russell Gleason, Polly Ann Young, Harry Holman, Crauford Kent, Lela Bliss, Harry Harvey. Shooting PARAMOUNT "Anything Goes" "Klondike Lou" • From the play by Guy Bolton, P. G. Wodehouse, Howard Lindsay, Russell Grouse. Screen play, Benjamin Glazer, Alorrie Ryskind. Director: Lewis Milestone. From a story, Marion Morgan, George B. Dowell. Screen play, Mae West. Director: Raoul Walsh. Bing Crosby, Ethel Merman, Charlie Ruggles, Ida Lupino, Grace Bradley, Robert McWade, Arthur Treacher. Mae West, Victor McLaglen, John Roger, Ted Oliver, Soo Young, Helen Jerome Eddy, Trixie Friganza, George Walsh, Lawrence Grant, Maidel Turner. Shootins: Shooting "Drift Fence" "Bar 20 Rides Again" "Her Master's Voice" From a book by Zaue Grey. Screen play, Robert Yost, Stuart Anthony. Director: Otho Lover- ing. Screen play and adaptation, Doris Schroeder, Jerry Geraghty. Director: Howard Brether- ton. From an original, Claire Kummer. Screen play, Dore Scharey. Director: Joseph Santley. Larry "Buster" Crabbe, Glenn Erikson, Tom Keene. Katherine DeMille, Stanley Andrews, Irving Bacon, Walter Long, Jan Dugan, Effie EUsler, Richard Carle. Dick Alexander. Wm. Boyd, Jimmy Ellison, Frank McGlynn, Jr., Harry Worth, George Hayes, Howard Land, Ethel Wales, J. P. McGowan, Paul Fix, John Merton, Al St. John. Edward Everett Horton. Peggy Conklin. Elizabeth Patterson, Laura Hope Crews, Grant Mitchell. Shooting Editing Shooting REGAL-PACIFIC "The Rest Cure" Director: Crane Wilbur. Reginald Denny, Vince Barnett. Esther Ralston, Eleanor Hunt, Oaudia Dell, Joel Lyon. Shooting 20TH CENTURY-FOX "The Littlest Rebel" From the play by Edward Peple. Screen play. Edwin Burke. Director: David Butler. Shirley Temple, John Boles, Karen Morley^ Jack Holt, Guinn "Big Boy" Williams, Bill Robinson, Sleep Warner Baxter, Jack Oakie, Alice Faye, Mona Barrie, Arline Judge, Andrew Tombes, Charles Quigley, Dixie Dunbar, Gregory Ratofl, Fats Waller. Victor McLaglen, Freddie Bartholomew, Michael Whalen. Gloria Stuart, Constance Collier, C. Henry Gordon, Lumsden Hare, Walter Kingsford, Pedro de Cordoba. Shooting "King of Burlesque" "Professional Soldier" Novel, Vina Delmar. Adaptation, Gene Markey. Director: Sidney Lanfield. Original, Damon Runyon. Screen play, Howard Ellis Smith, George Jessel. Director: Tay Garnett. Shooting Shooting UNIVERSAL "Invisible Ray" "Next Time We Love" "Spinster Dinner" UNITED ARTISTS Story, Howard Higgin, Douglas Hodges. Screen play, John Colton. Director: Lambert Hillyer. From the McCall's Magazine story by Ursula Parrott. Screen play. Melville Baker. Preston Sturges. Director: Edward H. Griffith. From the Cosmopolitan story by Faith Baldwin. Screen play, Preston Sturges. Director: Wal- ter Lang. Karloff, Bela Lugosi, Frances Drake, Frank Lawton, Walter Kingsford, Beulah Bondi, Violet Kemble Cooper, Nydia Westman. Margaret SuUavan, James Stewart. Carole Lombard, Melvyn Douglas, Kent Taylor. Editing Shooting Shooting "Shoot the Chutes" WARNER BROS.- FIRST NATIONAL Original. Clarence Buddington Kelland. Adapta- tin, Walter DeLeon. Director: Norman Taurog. Eddie Cantor, Ethel Merman, Sally Eilers, Parkya- karkus, Helen Lowell. Gordon Jones. Rita Rio. Nick Lucas, Howard Christie, Lindy Hoppers. Clyde Hager, Sunny O'Dea, Chilton and Thomas. William Frawley, Brian Donlevy, lid. Brophy, Jack LaRue, Agnes Anderson. Shooting "Ceiling Zero" "Petrified Forest" "Prison Farm" "Freshman Love" From play, Frank Wead. Director: Howard Hawks. Play, Robert Sherwood. Screen play, Delmer Daves. Director: Archie Mayo. Story and screen play, Harold Buckley, Abem Finkel. Director: Louis King. Based on story idea of George Ade. Original screen play. George Bricker, Earl Felton. Director: Wm. McGann. James Cagney, Pat O'Brien, June Travis. Barton Mac- Lane, Stuart Erwin, Craig Reynolds, Robert Light, Isabel Jewell, Henry Wadsworth, Edw. Gargan. Gary Owen, Carlyle Moore, Jr.. James Bush, Pat West. Leslie Howard, _ Bette Davis, Charley Grapewin, Dick Foran, Genevieve Tobin, Allen Jenkins, Humphrey Bogart, Eddie AcufF. Donald Woods, Kay Linaker. Eddie Acuff, Addison Richards, Harry Cording, Sam Dawson, Ed Chandler. Patricia Ellis, Frank McHugh, Warren Hull. George E. Stone, Mary Treen. Walter Johnson, Joseph Caw- tliorn, Joe Sawyer, Alma Lloyd, Henry O'Neill, Flor- ence Fair, Spec O'Donnell, Anita Kerry, Johnny Arthur. Riiss Alexander, Ann Dvorak, Lyle Talbot, Eddie Acuff, Anita Kerry, Ethel Jackson. 1 Shooting Shooting Shooting Shooting "Backfire" Screen play. Sy Bartlett, Ralph Block, Laird Doyle. Director; Frank McDonald. Shooting November 2, 1935 MOTION PICTURE HERALD 85 THE HOLLYWOOD SCENE JESSE LASKY NOTES BETTER BRITISH FILMS MARION DAVIES PUSHES COMMUNITY CHEST DAY AND DATE POLICY UP TO THE COURTS TEN PICTURES START; NINE ARE FINISHED EXHIBITORS may look forward to films of markedly higher caliber from Eng- land next year, according to Jesse Lasky, just back from an extended vacation in France and Great Britain, in- specting studios by day and seeing foreign films at night. American technical talent is largely re- sponsible for nnuch of the innprovennent in British films, Mr. Lasky said. On every lot he found dozens of friends and acquaint- ances working on visitors' visas. Business for British films is rising so rapidly that theatres are springing up in unprecedented numbers, and Alexander Korda is building the biggest studio in the world, covering 165 acres, to take care of his expanded schedule, he said. Mr. Lasky predicted a much greater in- terchange of stars, writers and directors between England and Hollywood than ever before. He also believed that many more British pictures than ever before would be offered to the American public, both those made by British companies and films made abroad by Hollywood producers, with a fair exchange of product and no loss to Ameri- can producers. "Entertainment," he said, "isn't a matter of patriotism, after all. The more good films to come out of Great Britain, the better it is for the industry at large." — Miller. V The Boy Who Made Good Copy Chic Sales' new MGM short, "The Per- fect Tribune," tells how Abraham Lincoln learned of the effect of his Gettysburg speech after he had considered it a failure. It all began when a boy ran into him on a street corner. While