Scanned from the collections of The Library of Congress Packard Campus for Audio Visual Conservation www.loc.gov/avconservation Motion Picture and Television Reading Room www.loc.gov/rr/mopic Recorded Sound Reference Center www.loc.gov/rr/record J Alert, to the^I sjtion Picture inausiry MOTION PICTUlGE DAIL VOL. 49. NO. 1 NEW YORK, U.S.A., THURSDAY, JANUARY 2, 1941 Ascap, BMI Policing Air In 'Total War' Last Minute Rush Brings Stations to Both Radio's "total air war" in the music situation over the New Year's holiday was featured by "policing" of the airwaves by Ascap and BMI for unauthorized music performances after the break with the society became official at mid- night Tuesday. In Milwaukee, District At- torney Hustings said Federal grand jury action may be dis- pensed with in the Govern- ment's planned criminal action against Ascap, BMI, NBC and CBS so that an information may be filed with the court. The approach of the zero hour was featured by a last minute rush by sta- tions all over the country to align themselves with Ascap or BMI. Many held off to the last possible moment, hoping that a settlement might either result in better terms or obviate the necessity of taking sides in the bit- terest battles the radio industry has faced. At a late hour Tuesday, BMI re- ported that 674 stations, including {Continued on page 8) Clearance Due for Early Arbitration Clearance complaints are expected to be the first to be filed for hearing by the industry's new arbitration boards when they begin functioning at the end of this month or early in Feb- ruary. Exhibitor inquiries as to the earliest time at which such complaints may be filed already have been re- (Continued on page 6) Famous Players Distributes Bonus Toronto, Jan. 1. — According to an announcement at the close of 1940, all home office employes of Famous Players Canadian Corp. will receive a salary bonus equivalent to two weeks' pay. One year ago officials and other mem- bers of the staff were given one week's extra pay. New Block Booking Measure Foreseen In 1941 Congress By BERTRAM F. LINZ Washington, Jan. 1. — A possible new effort to obtain block booking legislation was foreseen in Washing- ton tonight as the 77th Congress pre- pared to convene Friday for what may be one of the most momentous sessions in the history of the nation. Reports were current that exhibitors dissatisfied with the provisions of the consent de- cree in the New York suit were preparing to launch a drive for legislation definitely outlaw- ing multiple film sales, but with the expected retirement of Senator Matthew M. Neely to become Governor of West Vir- ginia there is some doubt whether a sponsor can be found with sufficient power to secure consideration of such a meas- ure. The coming session of Congress will devote itself almost exclusively to questions of national defense, one of the more important of which will be the matter of taxation. Generally, new and higher taxes are expected to be ordered, raising the {Continued on page 6) 43 Legislatures Meet This Month Tax or other legislation may con- front the industry in 44 state legisla- tures which will go into session this year, 43 of them during January. The Florida legislature does not convene until April 4, while no sessions are scheduled this year for the Kentucky, Louisiana, Mississippi and Virginia legislatures. Dates on which other state legisla- tures will convene follow : Jan. 2 : California, Idaho, Montana, Ohio and Tennessee ; Jan. 3 : Delaware, Minne- (Continued on page 6) Extension Granted In Oklahoma Case The Government on Tuesday ex- tended to Feb. 1 the time for the filing of answers by Columbia, United Art- ists and Universal to the Department of Justice complaint in the Oklahoma City anti-trust suit against them and the Griffith Amusement Co. The answers originally were due to be filed in Oklahoma City today, but failure of the defendants to complete them on time brought about the ex- tension of a month. HOLIDAY G BIGGEST ES EARS Big New Year On Broadway Broadway film theatres celebrated the arrival of the New Year at the box-office, with business generally described as "terrific." It was the greatest celebration since 1929. With the weather unusually mild, the throngs were larger than in years, and despite the competition of hotel parties and night clubs, the strong product jammed them in. Most houses raised prices, the Para- mount, Roxy and Strand tilting to $1.65 for the Tuesday night shows. Radio City Music Hall, with "The Philadelphia Story" and a New Year's stage show, grossed an estimated big $128,500 on the first week which ended last night. Yesterday's business was about $20,000. The holiday gave the Paramount an estimated $79,500 for the second week of "Love Thy Neighbor" with Tommy Dorsey's band on the stage. This is better than the first week. Yesterday's gross was more than $11,- 000. The film will go four weeks. "Chad Hanna" and a holiday stage show at the Roxy garnered about $65,- 000 in a first week. The second week started yesterday with a good $9,000. "Comrade X" did a big $45,000 in a second week at the Capitol, and started a third yesterday. "Victory" at the Rivoli did an estimated $13,000 for the first five days of the second week. Schnitzels Father Dies; Kin of Rinzler Funeral services will be held today for Max Schnitzer, 76, father of Edward M. Schnitzer, Warner Bros, executive, and father-in-law of Samuel Rinzler, Randforce Circuit chief, who died Tuesday. His residence was at 673 Georgia Avenue, Brooklyn. The services will be held at 1 P. M. at the New Lots Temple, New Lots and Pennsylvania Aves., Brooklyn. Inter- ment will be at the United Hebrew Cemetery, Richmond, Staten Island. Besides Edward M. Schnitzer, sur- vivors are the widow, Rose ; four dauehters, Mrs. Gussie Rinzler, Mrs. William Schutzer, Mrs. Rae Marel and Mrs. Anne Bernstein, of Bridge- port, and another son, Louis, of the Randforce Circuit. Box-Office Films, Mild Weather, Greater Spending Help "Best in Years," was the re- frain from most key cities last night reporting on New Year's business. Box-office product, generally pleasant weather and bigger spend- ing were reported as giving thea- tres in most sections a new found prosperity. Strong films overcame numerous counter-attractions. Many houses added midnight stage shows and increased prices. Philadelphia first runs, mostly with Christmas holdovers, were sellouts As an antidote to the war at- mosphere, theatres in Canada featured comedies and musicals on the holiday. "Bitter Sweet," "Love Thy Neighbor,' "Tin Pan Alley" and "The Thief of Bag- dad" were four leading films in Montreal. Springlike weather discouraged winter sports and boosted patronage, Montreal and Toronto reported. New Year's eve, despite 10 to 18 cents price boosts for midnight shows. The bonanza continued yesterday as clear weather brought thousands to the city for the Mummers' Parade. Rain failed to stop Chicago thea- tres' biggest New Year's eve in 10 years. Hotels and cafes reported best business since 1928. Rain yesterday brought a drop in the Loop, with neighborhoods benefiting. In Cleveland, the Hippodrome and State said business was as good as in 1929. Boston, Minneapolis and Seattle reported "best in years," and it was big also in Baltimore, Indianapolis and Providence. In New Haven yester- day it was "terrific." Kansas City was good. Midsummer weather, the Rose Bowl football game and races hurt Los Angeles matinees. Para. Will Resume British Production Hollywood, Jan. 1. — Para- mount announced today that it plans to resume British production. David Rose, in charge of production, now here, expects to sail Jan. 25. Motion Picture Daily Thursday, January 2, 1941 Forego Party to Aid War Victims Toronto, Jan. 1.— Employes of the Toronto branch of Regal films, Ltd., passed up their year-end party in order to help war victims in Eng- land and a donation of $100 was turned over to the To- ronto Telegram for the Lord Mayor's Fund. Manager C. L. Querrie and staff of the Palace here abandoned their annual cele- bration, which had been observed since 1921, for the same reason. A donation of $300 was made. RKO Chicago Meet On Drive Tomorrow A. W. Smith, RKO sales manager ; Walter Branson, Midwestern district manager ; Leo Devaney, Canadian di- vision manager, and Harry Gittleson, house organ editor, will meet in Chi- cago tomorrow with the Chicago ex- change staff, to set plans on the Ned Depinet sales drive. Devaney is drive captain. Jack Osserman is local ex- change manager. Following the session there, De- vaney, Branson and Gittleson will con- tinue to other branches. L. E. Gold- hammer, Prairie district manager, will join them in Omaha to cover ex- changes in his territory, and at Den- ver. J. H. Maclntyre, Western dis- trict manager, will join Devaney and Gittleson. The tour will end here on Feb. 7. The drive extends for 15 weeks, from Jan. 25 to May 9. Personal Mention MAURICE SILVERSTONE, U. A. chief of world-wide opera- tions, and Charles Schwartz, at- torney, plan to leave for the Coast in a week or 10 days. • Jack McInerney, publicity direc- tor for the Paramount on Broadway, is due next Thursday from Miami where he is vacationing with his family. Sidney E. Samuelson, Eastern Pennsylvania Allied business manager, and William Karrer, head of the Motion Picture Associates in Phila- delphia, have left for Florida. • F. R. Mofan, Republic Des Moines manager, visited in Oklahoma City during the holidays. • George Kurlansik, owner of the Towne and the Transit, Allentown, Pa., has left for Florida to join his wife and son. • Gilbert Kanour, film critic for the Baltimore Evening Sim, is nursing injuries received in an auto accident during the holidays. • Daniel Mainwaring, Warner pub- licity man here, leaves Saturday for Mexico City to gather material for a novel. • Raymond Winch, operator of the Wakefield Theatre, Wakefield, Kan., was injured in an automobile accident last week at Camp Funston, Kan. JACK COHN, vice-president of Columbia, and his family are ex- pected back from Miami early next week. • Moe Kurtz, 20th Century-Fox New Jersey salesman, and Abe Blumstein, New York salesman, return Monday from Miami. • J. W. Daily, former staff member of the New Orleans Item and the Tribune, has left for Hollywood to as- sume a new post on the Columbia publicity staff. • Charles Goldfine, Philadelphia exhibitor, has been appointed chairman of the Motion Picture Division of the Salvation Army campaign in Phila- delphia. Aee Frankle, owner of the Casino, Des Moines, is recovering at his home after an illness of several weeks. • Florence Fineman of the RKO publicity department has been dis- charged from the Mount Sinai Hos- pital after an appendectomy. • Raymond S. Reed, sales develop- ment manager of Heywood-Wakefield, has left for a tour of company branches and will return at the end of January. • Steve Anolaskis, chief projection- ist at the Avenue, Philadelphia, and Mrs. Anolaskis are the parents of a daughter. HAVE THIS TO SAY: * "Reaction terrific ...the patrons howled . . . asked . for more." F. B. Schlax, Kenosha Theatre, Kenosha, Wis. • * "Audience reaction very enthusiastic . . . should play every theatre . . ." Lou B. Metzger, Spreckles Theatre, San Diego, Cal. • * "Audience reaction excellent . . ." Harry Zeitz, State Theatre, New Bedford, Mass. • ~k " . . . fine entertainment . . . " Chas. Bierbauer, Wilmer & Vincent's Colonial, Allentown, Pa. • * All of which means there is a great reel in BOB HAWK'S sensational CBS Coast-to-Coast network smash . . ."TAKE IT OR LEAVE IT" A COLUMBIA "QUIZ" REEL - NOW BOOKING ■ : , Wright to Conduct 'Little Three' Trial Robert L. Wright, Special Assistant Attorney General, will conduct the trial of the anti-trust suit against Col- umbia, Universal and United Artists if it starts next Spring, according to reports at the Federal courthouse here. Special Assistant James V. Hayes is no longer associated with the film suit, it was said. Besides Wright only Seymour Simon, John F. Flaggett, J. Stephen Doyle and J. Frank Cunningham remain of the original staff in this case. 'Dictator' in Mexico Despite Nazis' Pleas Mexico City, Jan. 1. — Charlie Chaplin's "The Great Dictator" opened here yesterday at the Palacio Chino despite demands of the German Embassy that the picture be banned, which were refused by the Mexican authorities. Walter Camp Dies Los Angeles, Jan. 1. — Walter Camp, Jr., 49, president of Inspira- tion Pictures, died here yesterday after a long illness: Cultivated high-class executive wanted to act as SALES MAN- AGER for new film venture. Ex- perience in non-theatrical markets preferred. Box 811, Motion Picture Daily. NewsreeF/J TO Parade r) RESIDENT ROOSEVELT'S jL important address on national se- curity makes an extremely significant nezvsreel subject. Another highlight of the issues is the arrival at a Brit- ish port of H. M. S. Kelly, destroyer, ivhich was torpedoed off the Danish coast. The contents follow. MOVIETONE NEWS, No. 33— Roosevch warns the dictators. British destroyer towed to port. King George with bomber pilots. Londoners in subway shelters dur- ing raid. Sporting event highlights during 1940. Racing at Santa Anita. NEWS OF THE DAY, No. 231— Roose- velt's "fireside chat." Crippled British de- stroyer reaches port. Londoners find shel- ter in subway during an air raid. Glamour girls on parade. Swimming meet in Flor- ida. Santa Anita racing. PARAMOUNT NEWS, No. 36— Italian prisoners in Egypt. Anne Lindbergh dis- cusses relief for Europe. British destroys returns to port after being torpedoed. Beach fashions. British children speak to parents in England via radio. Roosevelt address. RKO PATHE NEWS, No. 36-Roosevelt urges more aid. British destroyer, crippled by torpedo, is saved. Tornado hits Cuba. Tews honor Justice Hughes. Swim carnival in Florida. Basketball. UNIVERSAL. NEWSREEL, No. 941— Roosevelt addresses world. British destroy- er, victim of torpedo, returns to port. Tor- nado in Cuba. Jews honor Justice Hiughes. Florida swim meet. Basketball. Racing at Santa Anita. Briggs Resigns as Monogram Director Hollywood, Jan. 1. — W. Ray Johnston, president of Monogram, on Tuesday announced the resignation of O. Henry Briggs as a member of the board of directors, on which he rep- resented Pathe prior to his resigna- tion as president of Pathe Labora- tories. His successor will be elected at the next quarterly meeting. Briggs recently became president of Pro- ducers Releasing Corp. 4 New 'Wind' Dates Set Four more "Gone With the Wind" popular-price engagements have been announced by M-G-M. The film will open Jan. 10 at the Melba, Dallas ; and Jan. 17 at the Majestic, Tulsa; Rialto, Eldorado, Ark., and Grand, Friends- ville, Md. MOTION PICTURE DAI LY (Registered U. S. Patent Office) Published daily except Saturday, Sunday and holidays by Quigley Publishing Company, Inc., 1270 Sixth Avenue, Rockefeller Center, New York City. Telephone Circle 7-3100. Cable address, "Quigpubco, New York." Mar- tin Quigley, Editor-in-Chief and Publisher; Colvin Brown, Vice-President and General Manager; Watterson R. Rothacker, Vice President; Sam Shain, Editor; Alfred L. Finestone, Managing Editor; James A. Cron, Advertising Manager; Chicago Bureau. 624 South Michigan Avenue, C. B. O'Neill, manager; Hollywood Bureau, Postal Union Life Building, William R. Weaver, Editor; London Bureau, 4 Golden Square, London Wl, Hope Williams, manager, cable address "Quigpubco, London." All contents copy- righted 1941 by Quigley Publishing Com- pany, Inc. Other Quigley publications: Motion Picture Herald, Better Theatres, International Motion Picture Almanac and Fame. Entered as second class matter, Sept. 23. 1938; at the post office at New York, N. Y., under the act of March 3, 1879. Subscription rates per year $6 in the Americas and $12 foreign. Single copies 10c. 5\ of ire 4 H/GH SIERRA starring IDA LUPINO HUMPHREY BOG ART \ ' with Alan Curtis' Arthur Kennedy • Joan Leslie Henry Hull • Henry trovers Directed by RAO UL WALSH Screen Play by John Huston and W. R. Burnett From the Novel by W. R. Burnett Soon from Warners! GLOBE ON B WAY! AND THESE ARE THE ADS THAT DID IT! ;4> r to MATS OF THESE ADS ARE AVAILABLE AT YOUR LOCAL 20th CENTURY-FOX EXCHANGE! 1 I^^Trt! SATURDAY 6 Motion Picture daily Thursday. January 2, 1941 Block Booking Bill Seen in 1941 Congress (Continued from page 1) possibilities of a stiffening of the ad- missions levy. Individual and corpora- tion income taxes will be materially hiked. However, while taxes will be a subject of discussion throughout the session, it is not expected that any definite legislation will be submitted until after March 15, when the results of the two revenue laws enacted last year will be known. Favor Trial for Decree With defense as the keynote, it is believed that extraneous matters, such as block booking legislation, will re- ceive little consideration. The feeling is more or less general in Congres- sional circles that the consent decree should be given an opportunity to demonstrate its worth, and the sug- gestion is that new legislation could more readily be secured if, after trial, the decree was found inadequate. There is little talk of new copy- right legislation, a subject on which little or nothing has been heard for the past year, both because of the up- set condition of the world and, more recently, the Government's action against Ascap and now BMI. See Little Attention to Films In informed quarters it is believed there will be little discussion of film industry conditions in the coming ses- sion except as they relate to general legislation, such as taxes. President Roosevelt on Monday personally will deliver his annual mes- sage to Congress, in which he is ex- pected to touch upon his program for the session. While naturally the de- tails of his message are closely guarded, he is not expected to suggest legislation for any individual in- dustry other than, possibly, the oil in- dustry, for which he may recommend Federal control of production. Legislatures in 43 States Meet in Jan. (.Continued from page 1) sota, Nebraska, North Dakota, Okla- homa, Pennsylvania, Rhode Island and South Dakota ; Jan. 4 : Colorado, Connecticut, Illinois, Maine, Mary- land, Alassachusetts, Michigan, Mis- souri, New Hampshire, New York, North Carolina and Vermont ; Jan. 6 : Indiana ; Jan. 9 : Arizona, Arkan- sas, Iowa, Oregon, Utah and Wash- ington ; Jan. 10 : Alabama, Kansas, New Jersey, New Mexico, South Carolina, Texas and Wyoming ; Jan. 1 1 : West Virginia and Wisconsin ; Jan. 13: Georgia, and Jan. 16, Ne- vada. McClintic Play Will Open Here Tonight "The Lady Who Came To Stav," with Mady Christians, Beth Merrill, Mildred Nat- wick and Evelyn Varden heading the cast, opens to- night at the Maxine Elliott Theatre. Guthrie McClintic produced the play, which was written by Kenneth AVhite. Monogram Finishes 45% Of Schedule for 1940- '41 Hollywood, Jan. 1 V/T ONOGRAM has completed production of 45 per cent of its an- nounced program of 42 films for 1940- '41, W. Ray Johnston, president, has announced. All releases up to the end of January have been delivered, marking a new high for the company. Included among those finished are 12 features, five "Range Busters" westerns, and two outdoor films starring Tex Ritter. • • Rudy Vallee will make his debut as a ventriloquist in RKO Pathe's "Picture People" short subject, to be directed by Louise Rousseau. The series of short subjects deals with the off-screen activities of film folk. . . . "Soldiers of the Campus," which will be concerned with the Reserve Officers Training Corps, will be the next in Warners' series of two-reel Technicolor films glorifying the United States armed forces. . . . Columbia has given John Howard a term contract. . . . RKO will star Joan Fontaine opposite Cary Grant in "Before the Fact," to be directed by Alfred Hitchcock. . . . M-G-M has placed Robert Cummings op- posite Ruth Hussey in "Free and Easy," which Milton Bren will pro- duce and Eddie Buzzell direct. Reginald Owen and Nigel Bruce also have been cast. • • Alfred Hitchcock has com- pleted editing of "Lightship 61," British-made film detail- ing the bombing and sinking of a Channel lightship. Robert E. Sherwood will write a fore- word. No distribution deal has been made, as yet. • • Columbia has borrowed Jane Withers from 20th Century-Fox and Jackie Cooper from Paramount for "Her First Beau," which B. B. Ka- hane will produce and J. Theodore Reed direct. The picture was former- ly titled "June Mad," and is from a play by Colin Clements and Flor- ence Ryerson. . . . John Carroll has been borrowed from M-G-M by RKO for the role opposite Anna Neagle in "Sunny." Supporting play- ers will include Ray Bolger, May Rcbson, Edward Everett Hortox. Frieda Inescourt and The Hart- mans. Herbert Wilcox will produce and direct. . . . Dame May' Whitty' has been set for Paramount's "One Night in Lisbon." . . . Marsha Hunt has been cast for "The Trial of Marv Dugan," at M-G-M. . . . RKO will team Rosemary Lane and Dennis O'Keefe in "Hang Out the Moon," to be produced by Frederic Ullman, Jr. Jack Htvely will direct the mu- sical. Paramount and Columbia both have suspended William Holden for asserted refusal to report for "Texas," Columbia picture. Cause of the dispute is salary. . . . Producers Releasing's first Henry Armetta film will be called "Caught in the Act," a change from "It Happened to Me." Sherman Scott will direct that com- pany's "Alimony Jail," story by George Bricker. Clearance Due for Kuykendall Speaks Early Arbitration (Continued from page 1) ceived by the American Arbitration Association. Most of such inquiries, it was said, have come from Eastern territories. Designation of panels of arbitrators for the local boards is expected to be completed within the next two or three weeks. J. Noble Braden, executive secre- tary of the A. A. A., will leave for the South on Sunday on the last leg of his nationwide trip to organize the 31 local arbitration boards for the indus- try. Leases for board offices for all but the Southern territories and the appointment of clerks for the boards are expected to be completed within the next week. Ontario Clearance Board Meets Jan. 7 Toronto, Jan. 1. — The new Ontario Clearance Board will hold its next scheduled meeting on Jan. 7 to com- plete details of its constitution and bylaws, after which the work of studying booking protection and thea- tre zoning will be taken up with a view to reducing clearance and effect- ing other reforms. The board is made up of three officials of Famous Play- ers Canadian Corp. and three inde- pendent exhibitors. At Miami Meeting Miami, Jan. 1. — Ed Kuykendall, president of the M.P.T.O.A. discussed operations of the New York case con- sent decree at a luncheon of 50 ex- hibitors and others here yesterday, at which Mitchell Wolfson, Wometco Theatres executive, was host. Louis Nizer, New York attorney, asked exhibitors to cooperate with the Government in the decree, which, he said, probably would be workable with revisions. Wolfson asked those present to sign a pledge of cooperation with the in- dustry's national defense committee. He introduced guests including Jack Cohn. Herman Robbins, W. A. Steffes, Thomas Brandon, Pete Har- rison, Herman Weingarten, Albert Bernstein, Sidney Meyer, Jack Ali- coate and others. Chicago Slow; 'Alley' Takes Fair $28,000 Chicago, Jan. 1. — "Tin Pan Al- ley" in the second week at the Chi- cago, with a variety stage show, brought $28,000. Singer's Midgets and "Men Against the Sky" grossed $12,000 at the Oriental. Estimated takings for the week end- ing Dec. 27 : days. days. Show. days, $5,000) 3 Companies Formed Albany, Jan. 1. — Three new com- panies incorporated here include : W. G. M. Theatres Corp., Bronx, by Al- exander Weiss, Adolph D. Weiss and Adolph Mendel ; Foremost Films, Inc., by David Weiss, Leonard D. Weiss and Reda Kovacs, and Arsoc Pictures Corp., by Myron Goldman, Benjamin Raskin and J. Jack Brown. "Arizona" (Col.) APOLLO— (1.400) (35e-55c-75c) Gross: $6,000. (Average, $6,500) "Tin Pan Alley" (20th-Fox) CHICAGO— (4,000) (35c-55c-75c) 7 2nd week. Stage: Variety Stage Gross: $28,000. (Average, $32,000) 'The Letter" (W. B.) GARRICK— (1.0C0) (35c-55c-75c) 7 3rd week. Gross: $4,000. (Average, "Men Against the Sky" (RKO) ORIENTAL — (3,200) (25c-40c) 7 days. Stage: Singers Midgets. Gross: $12,000. (Average. $13,000) "Benk Dick" (Univ.) 3 days "Hit Parade" (Univ.) 3 days "No, No Nanette" (RKO) 4 days "Frisco Docks" (Univ.) 4 days PALACE— (2.500) (35c-40c-60c). Gross: $9,000. (Average. $13,000) "Thief cf Bagdad" (U. A.) ROOSEVELT— (1.500) (35c-55c-65c-75c) 7 days. Gross: $9,000. (Average, $11,000) "Blondie Plays Cupid" (Col.) STATE-LAKE— (3.700) (25c-40c) 7 days. Stage: All American Girl Band. Gross: $14,000. (Average. $15,000) "Bitter Sweet" (M-G-M) UNITED ARTISTS-(1,700) (35c-55c-75c) 7 days. Gross: $12,000. (Average, $14,000) 'Scarface' $2,700 In Providence Lull Providence Jan. 1. — In the week before Christmas, business was gen- erally off, with the reissue of "Scar- face," paired with "Sky Bandits," at Fay's doing the best comparative busi- ness, $2,700. The RKO Albee took $4,000 with "Blackout" and "Dream- ing Out Loud" in 5 days. Estimated takings for the week end- ing Dec. 23-25 : "Blackout" (U. A.) "Dreaming Out Loud" (RKO) RKO- ALBEE — (2,239) (2Sc-39c-50c) 5 days. Gross: $4,000. (Average, $6,000) "Dr. Kildare's Crisis" (M-G-M) "Escape to Glory" (Col.) LOEWS STATE— (3.232) (28c-39c-50c) 5 days. Gross: $5,5CO. (7-day average. $11,000) "East of the River" (W. B.) "Friendly Neighbors" (Rep.) MAJESTIC — (2.250) (28c-39c-50c) 5 davs. Gross: $3,500. (7-day average. $7,000) "A Night at Earl Carroll's" (Para.) "Before I Hang" (Col.) STRAND— (2.200) (28c-39c-50c) 6 days. Gross: $3,600. (7-day average, $6,000) "Phantom of Chinatown" (Mono.) METROPOLITAN — (3.045) (28c-39c-55c- 75c) 3 days. Stage show with Jimmie Lunceford orchestra. Swan and Lee. Mill- er Brothers and Lois, and Velma Middle - ton. Gross: $3,000. (Average, $5,000) "The Philadelphia Story" (M-G-M) 'Gallant Sons" (M-G-M) CARLTON— (1,526) (2Sc-39c-50c) 7 davs. 3rd week. Gross: $2,300. (Average. $3,500) Scarface" (U. A.) "Sky Bandits" (Criterion) FAY'S— (1.800) (15c-28c-39c) 5 days. Gross: $2,700. (7-day average, $2,500) "No Time for Comedy" (W. B.) (3 days) "Mexican Spitfire Out West" (M-G-M) (3 days) "Little Nellie Kelly" (M-G-M) (4 days) "Always a Bride" (W. B.) (4 days) EMPIRE— (2,200) (30c-28c) 2nd run. Gross: $1,600. (Average. $1,700) Thursday, January 2, 1941 Motion Picture Daily 7 'Carson' Gets Good$ll,000 Frisco Gross San Francisco, Jan. 1. — "Kit Car- son" got off to good start with $11,000 at the United Artists, as rainy weather set in. Business was gen- erally good, despite the Christmas buying rush. "Go West" paired with "Christmas in July" at the Fox for $16,000. Estimated takings for the week ending Dec. 17-20: "Convoy" (RKO) GOLDEN GATE— (2,850) (35c-40c-55c) 7 days. Stage: vaudeville. Gross: $14,500. (Average, $15,000) "Go West" (M-G-M) "Christmas in July" (Para.) FOX — (5,000) (15c-35c-40c-50c) 7 days. Gross: $16,000. (Average, $16,C0O) "The Bank Dick" (Univ.) "Give Us Wings" (Univ.) ORPHEUM — (2.440) (15c-35c-40c-50c) 7 days. Gross: $7,700. (Average. $8,000) "South of Suez" (W. B.) "Tugboat Annie Sails Again" (W. B.) PARAMOUNT— (2,740) (15c-35c-40c-50c) 7 days. Gross: $10,500. (Average, $11,500) "Kit Carson" (U. A.) UNITED ARTISTS— (1.200) (15c-35c-40c- 55c) 7 days. Gross: $11,000. (Average, $8,000) "Little Nancy Kelly" (M-G-M) "Dr. Kildare's Crisis" (M-G-M) ST. FRANCIS— (1,400) (15c -35c -40c -50c) 7 days, 2nd week. Gross: $5,200. (Average, $6,000) "Texas Rangers Ride Again" (Para.) "A Night at Earl Carrolls" (Para.) WARFIELD — (2,680) (15c -35c -40c -50c) 7 days. Gross: $10,000. (Average. $12,000) "Time in the Sun" (Foreign) sa CLAY— (400) (15c-35c-45c) 7 Average, $1,000) Gross : Xmas Too Much for New Haven Grosses New Haven, Jan. 1. — "Go West" and "Gallant Sons" in the second week at the College, with $2,300, came closer than any other bill to average business, in a week of sub-normal grosses. Heavy Christmas shopping- was too much competition. The weather was fair. Estimated takings for the week end- ing Dec. 25 : "Go West" (M-G-M) "Gallant Sons" (M-G-M) COLLEGE— (1,499) (39c-50c) 6 days, 2nd week. G-oss: $2,300. (Average, $2,700) "Dr. Kildare's Crisis" (M-G-M) "Dulcy" (M-G-M) LOEW-POLI— (3,040) (39c-50c) 6 days. Gross: $4,000. (Average, $8,000) "Night at Earl Carroll's" (Para.) "She Couldn't Say No" (W. B.) PARAMOUNT— (2,348) (39c -50c) 6 days. Gross: $2,000. (Average, $4,000) "East of the River" (W. B.) "The Lady With Red Hair" (W. B.) ROGER SHERMAN— (2.200) (39c-50c) 7 days. Gross: $3,800. (Average, $5,000) 'Little Nellie Kelly' Does $8,400, Omaha Omaha, Jan. 1.— After a very dull pre-Christmas week, exhibitors re- ported an upswing in business start- ing Christmas Day. "Little Nellie Kelly" pulled $8,400 at the Orpheum. The weather was warm and clear. Estimated takings for the week end- ing Dec. 25-26 : "Here Comes the Navy" (W. B.) "So You Won't Talk" (Col.) BRANDEIS— (1,200) (30c-40c-44c) 7 days Gross: $4,200. (Average, $4,000) "Trail of the Lonesome Pine" (Para.) "Thanks For the Memory" (Para.) OMAHA— (2,000) (30c-44c) 7 days. Gross- $6,100. (Average, $6,000) "Little Nellie Kelly" (M-G-M) "Sandy Gets Her Man" (Univ.) ORPHEUM-13,000) (30c-44c) 7 days Gross: $8,400. (Average, $7,200) Feature Review "The Girl in the News" (20th Century-Fox) D RODUCED at the Gauniont British studio in England under the production supervision of Edward Black, this dramatic story of a girl twice tried for murders she did not commit is a well-knit, expertly handled item of screen merchandise. Carol Reed, who directed, gives every evidence of unusual skill in the treatment mystery sequences and courtroom procedure. The film is an adaptation by Sidney Gilliat of a novel by Roy Vickers. Margaret Lockwood is excellent as the nurse, held first for an acci- dental death which gives every appearance of murder, and a second time when she is the victim of a plot to make her pay the penalty of a crime committed by others. Barry K. Barnes is capable as the young attorney who defends her in the first trial as an assignment, and in the second for a more compelling reason. In chief support are Emlyn Williams, butler in the home of the second victim, who con- spires with the wife to cause his death and pin the crime on Miss Lockwood ; Roger Livesay as a police officer and friend of Barnes, and Margaretta Scott, as the wife in love with the butler. The manner in which the criminals are brought to book in the court- room, and the surprise twist at the end, all carried through without a moment's wasted footage, keep interest at a high pitch. Running time, 77 minutes. "G." * Charles S. Aaronson * "G" denotes general classification. 'July' and Calloway ,000, Kansas City Kansas City, Jan. 1. — First runs closing just before Christmas did lit- tle business in a short week. How- ever, in four days, "Christmas in luly" and Cab Calloway on the stage took $8,000 at the Newman. The weather was good. Estimated takings for the week end- ing Dec. 22-26 : 'Hit Parade of 1041" (Rep.) ESQUIRE— (800) (28c-44c) 6 days. Gross: $1,200. (Average. 6 davs. $1,800) "Dr. Kildare's Crisis (M-G-M) 'Escape to Glory" (Col.) MIDLAND — (4,000) (28c-44c) 5 days. Gross: $4,700. (Average, 5 days. $7,000) "A Night at Earl Carroll's" (Para.) "World in Flames" (Para.) NEWMAN — (1,900) (28c-44c) 6 days. Gross: $4,000. (Average, 6 days, $5,800) "Christmas in July" (Para.) NEWMAN— (1,900) (33c-44c-61c) 4 days. Stage: Cab Calloway and Orchestra, with Avis Andrews, Cook & Brown, Anise & Aland, Chu Berry and Cole, and the Cab Tivers. Gross: $8,000. (Average. 4 days, $4,500) "Here Comes the Navy" (W. B.) "Lady With Red Hair" (W. B.) ORPHEUM— (1,500) (28c-44c) 5 days. Gross: $2,300. (Average. 5 days. $3,500) "Youth Will Be Served" (20th'-Fox) TOWER— (2.200) (30c) 7 days. Stage: Yuletide Kiddie Review, with 25 Kansas City Youngsters, plus 3 Lightning Flashes, Toree Twins & Torrence. and Alfred Lat- zell. Gross: $9,500. (Average. $6,000) 'Hit Parade of 1941" (Rep.) UPTOWN — (2,000) (28c-44c) 6 days. Gross: $1,700. (Average, 6 days. $2,600) Gibson Quiz in Suit Peyton Gibson, Universal secretary, on Tuesday was ordered by N. Y. Su- preme Court Justice Benedict Dineen to appear for an examination before trial in connection with the $984,580 damage suit brought by Forrester Parant Productions, French company, against Marlene Dietrich. No date was set for Gibson's examination. Shapiro With Selznick Hollywood, Jan. 1. — Victor Sha- piro has been signed by David O. Selznick Productions to handle special publicity for the next few months. Club Installation In Omaha Jan. 19 Omaha, Jan. 1. — The local Variety Club will inaugurate 1941 officers on Jan. 19 at the annual inaugural ball. Officers to be installed are : Ted Mendenhall, chief barker ; W. M. Green, first assistant ; Sam Ep- stein, second assistant ; M. L. Stern, treasurer ; Edward Shafton, secretary. 'Bagdad' Is Los Angeles Hitat $31,500 Los Angeles, Jan. 1. — "The Thief of Bagdad" and "Murder Over New York" took a total of $31,500 at two houses, §14,500 at the Chinese and $17,000 at Loew's State. "Second Chorus," with "Alice in Wonderland" drew $24,000 at the Paramount. Estimated takings for the week ending Dec. 18: "Thief of Bagdad" (U. A.) 'Murder Over New York" (20th-Fox) CHINESE— (2,5C0) 33c-44c-55c-75c) 7 days. Gross: $14,500. (Average, $12,500) "Escape" (M-G-M) 4 STAR— (900) (44c-55c) 7 days, 4th week. Gross: $3,300. (Average, $3,250) "Arizona" (Col.) "Where Did You Get That Girl?" (Univ.) HILLSTREET— (2,700) (33c-44c-55c-75c) 7 davs. Gross: $8,000. (Average, $6,500) "Thief of Bagdad" (U. A.) "Murder Over New York" (20th-Fox) LOEW'S STATE— (2,500) (33c-44c-55c- 75c) 7 days. Gross: $17,000. (Average, $14,000) "Arizona" (Col.) Where Did You Get That Girl?" (Univ.) PAXTAGES— (3.000) (33c-44c-55c-75c) 7 days. Gross: $7,200. (Average, $7,000) "Second Chorus" (Para.) "Alice in Wonderland" (Para.) PARAMOUNT— (3,595) (44c-55c-75c) 7 days. "Alice" matinees only. Stage: "South American Follies" — Don Ricardo & Orchestra. Gross: $24,000. (Average, $18,- C00) "Four Mothers" (W. B.) "South of Suez" (W. B.) WARNER BROS. (HOLLYWOOD)— (3,000) (33c-44c-55c-75c) 7 days. Gross: $7,300. (Average. $14,000.) "Four Mothers" (W. B.) "South of Suez" (W. B.) WARNER BROS. (DOWNTOWN) — (3,400) (33c -44c -55c -75c) 7 days. Gross: $7,900. (Average. $12,000) ^ r.fS Trt Uf AD GO TO WAR . . . AND THE WAR GOES NUTS! IN BOOBS IN ARMS A COLUMBIA SHORT- SUBJECT PRESENTATION _ —NOW BOOKING! Motion Picture Daily Thursday, January 2, 1941 Ascap, BMI Policing Air In 'Total War' (Continued from page 1) non-commercial broadcasters, had joined. The Ascap figure was re- ported in the neighborhood of 200 sta- tions, with 40 states represented. Ascap officials said that no effort would be made to bring a damage ac- tion into the courts for unauthorized performances. The society's policy, it was said, is to initiate actions only against flagrant violators or those in- volving more serious use of its music without a license. The networks' plan of action called for the elimination of Ascap music from their sta- tions until more reasonable terms are granted by Ascap. A last minute Ascap entry. WMCA, Xew York, was unable to complete contract details in time but received permission to continue Ascap music indefinitely, pending the signing of a formal agreement within two weeks. WEYD said it would rely on public domain music exclusively. Three in N. Y. Take Both Three Xew York independent sta- tions. YVBXX, \YOY and YVXYC joined both BMI and Ascap with YVXYC receiving the music free from both because it is non-commercial. WINS and WQXR, in addition to WEAF, WABC. WJZ and WOR, joined BMI, while WHX. WNEW, WHOM, WAAT and WHBR signed with A ;cap. Xeviile Miller, president of the Xa- tional Association of Broadcasters, yesterday sent an open letter to all Ascap member? in which he charged that division of Ascap receipts was made unfairly and that present lead- ers of Ascap formed a "musii. bkwi- opoly." WWL Must Reply by Jan. 10 in Script Suit New Orleans, Jan. 1. — Civil Court Judge Nat W. Bond yesterday or- dered Station WWL to show cause on Jan. 10 why a preliminary injunc- tion should not be issued preventing it from broadcasting the transcribed dramatic serial, "Uncle Xatchel,'- sponsored by the Chilean Xitrates Sales Corp. The station is defendant in a $25,- 000 suit filed by Grombach Produc- tions, Inc., which claims to have orig- inated the program. The plaintiff is a radio producing company in Xew York headed bv Jean V. Grombach. Grombach also is suing the sponsor for $75,000. Off the Antenna KEX R. DYKE, XBC national sales promotion manager, was named Tuesday to the newly created post of director of promotion to co- ordinate all promotional activities of the compamr. Clayland Morgan, formerly institutional promotion director, has been assigned to the presi- dent's office as assistant to the president. Three other new posts were created at the same time. Charles B. Brown, formerly promotion manager for managed and operated stations, was named Red network promotion manager ; E. P. H. James, former advertising manager, will take over a similar post for the Blue ; and W. C. Roux was made sales promotion manager for WEAF and WjZ. Djrke's new post includes budgeting, planning and production of all promotion and advertising activities, including division offices, and managed and operated stations. He will direct the research and statistical divisions and will report directly to Frank E. Mullen, vice-president and general manager. • • • Purely Personal: Aileen Soared, religious editor for the XBC press de- partment, is at the Hackensack Hospital following an operation. . . . Horton Heath, Jr., son of Horton Heath, director of information for RCA, will make his debut on the Broadway stage when he apepars in "The Lady Who Came To Stay" tonight. . . . George Bryan, CBS announcer, will do the commercial announcements on "We, the People." . . . Joseph Rics, formerly educational director for WLW , Cincinnati, has been named director of public sen-ice programs for WLW-WSAI. . . . Lawrence JVitte, radio columnist and co>iductor of "Radio Spotlight" over WBXX, will replace Al Tangtr Sunday on "Meet the Composer" on the same station. . . . Marty Glickman. WHN Sports announcer, and Marioric Dorman have been married. • • • The Westinghouse short wave station, WBOS, Boston, opened regular service to Latin America at 12:01 A.M. yesterday with a new 50 kilo- watt transmitter. The station will operate between 4-11 P.M. daily with two hours in English, three in Spanish, and two in Portuguese. F. P. Nelson, Westinghouse director of international broadcasting, will be in charge for a few weeks, with W. C. Swartley, manager of WBZ, Boston, taking over later. • • • Program News: Sun Oil Co. has renewed the Lowell Thomas news pro- gram for 52 weeks, effective Jan. 24, over 22 XBC-Blue stations. The pro- gram is heard Mondays through Fridays at 6:45 P.M. . . . Cummer Products has renewed "Battle of the Sexes" over 54 XBC-Red stations, effective Jan. 28, for 52 weeks. . . . Cummer has also renewed "Manhattan at Midnight" over 46 XBC-Blue stations for 52 weeks, effective Jan. 22. . . . "Cities Service Concerts" has been renewed over 55 XBC-Red stations for 52 weeks effective Jan. 31. . . . Chrysler dealers have renewed sponsorship of Dorothy Thomp- son for 13 weeks effective Jan. 5 over WFIL. Philadelphia, in her Mutual hookup. . . . Federal Savings & Loan Associations will sponsor "The March Through Life" over WABC at 10:30 P.M. Mondays, beginning Jan. 6. . . . The annual Motor Boat Show -will Sponsor 100-word announcements over JVABC Jan. 10, 13 and 15, and a fiz-e-miuute program on Jan. 14, 16 and 17. CBS Starts Own News Service 3 Partners Named By Lyons Agency Hollywood, Jan. 1. — Donald D. tauffer and William R. Stuhler of few York and Xat Wolff of Beverly I lis, have become partners in the n of A. & S. Lyons, Inc., headed \rthur and Sam Lyons. The three j members have become stack- ers in the agency. Toronto, Jan. 1. — The Xational Xews Service of the Canadian Broad- casting Corp. has been inaugurated for all newscasts over the Govern- ment network and a number of inde- pendent stations, with a central office at Toronto and branches at Montreal, Halifax. Winnipeg and Yancouver, the self-controlled service replacing the bulletins formerly supplied by the Canadian Press. The CBC will receive the full wire service of the Canadian Press and the British United Press but will operate its own news agency, under the direction of D. C. McAr- thur, Toronto, as chief editor. Mc- Arthur was formerly with the To- ronto Globe and Mail. Arrangements have been made to monitor foreign news broadcasts, in- cluding those from South America, through the CBC short wave receiv- ing station, and items from this source will be made available to the Cana- dian network after censorship. Xo commercial sponsorship or spot an- nouncements will be permitted in con- nection with official newscasts which, it is stated, will be used exclusively by nine CBC stations and 25 pri- vately-owned stations, the latter to re- ceive the service free of charge. Other stations may have the service at no | other expense than wire line cost It is understood that eventually all newscasts in Canada will be the offi- cial sendee without sponsorship of any I newspaper or newsgathering agency. A. E. Powley has been appointed senior editor of the Toronto CBC news bureau : J. X. Crandall. f ormer- lv news editor of British United Press, is in charge at Yancouver : William Metcalfe, a graduate of the University of Wisconsin, is in charge at Winnipeg: Ian Sclanders at Hali- fax, and Don Brown at Montreal. Now Ifs 'Your Charm' Effective with the March, 1941, is- sue, Picture Play, monthly fan maga- zine published by Street & Smith, will change its name to Your Charm. it was announced by Muriel Babcock. editor. Standard Broadcast Gains Noted by FCC Exhibit Sileo Photos An exhibition of photographs of Mexico taken by Jimmy Sileo. staff photographer of the Radio City Music Hall, is being presented in the grand lounge in conjunction with the stage show, "Pan Americana." Washington, Jan. 1. — A marked improvement in standard broadcast service, with interference problems eliminated or minimized, is expected to result after March 29, the effective date of the Xorth American Regional Broadcasting Agreement, the FCC de- clares in its annual report. The com- mission stated that there wen 846 standard stations operating or under construction, of which 79 represented new authorizations, and 10 were dropped. 8130,000,000 Sales in 1939 During the calendar year 1939, the commission said. 705 stations, includ- ing networks, had total time sales of S130.000.000 with a net income of nearly $24,000,000. Payrolls during the year were nearly $52,000,000 for almost 25,000 employes, the FCC said. r?levision is "now making substan- tial progress," it was reported, and the licensing of more than 20 television stations throughout the country "will enable television to move forward on a full commercial basis." Television sta- tions have budgets totaling $8,000,000 for experimental work, the FCC said. Increased use of radio for miscel- laneous services was noted. Police stations have increased to 6,300; avia- tion, to nearly 2.000, and there are more than 1.000 stations for forest conSiGros'-.'on work. Ask FCC Permits For 5 FM Stations Washington, Jan. 1. — Receipt of applications for authority to construct five new FM broadcasting stations has been announced by the Federal Com- munications Commission. The applications were filed by the Stromberg-Carlson Telephone Manu- facturing Co., Rochester, N. Y., for a 45.100-kilocycle station to cover 2.240 square miles with a population of 543.000: FM Radio Broadcasting Co., Inc.. Xew York, fo. a 48,300- kilocycle station to cover 8.600 square miles with a population of 9.800.000: Columbia Broadcasting System, Bos- ton, for a 44.100-kilocycle station to cover 16.230 square miles with a popu- lation of 5.972246: Gordon Grav. Winston Salem. X. C, for a 44,100- kilocycle station to cover 69.400 square miles with a population of 4.125.000: and the The Gazette Co., Cedar Rapids. Ia.. for a 44.700-kilocycle sta- tion to cover 7.400 square miles with a population of 282.000. New Comedy Series Planned at Museum The second part of a presentation of "Forty Years of American Film Comedy" will be shown at the Mu- seum of Modern Art in a series start- ing Monday and continuing through March 30. The films will be in re- verse chronological order, beginning with "The Thin Man." The series will include 24 pictures divided into 11 programs. "The Pawn- shop," "Easy Street" and "The Im- migrant" are among the films to be shown. Alert, awy to the^l gtion Picture inuuoiry E*|i pr f MOTION PICTURE DAILY VOL. 49. NO. 2 NEW YORK, U.S.A., FRIDAY, JANUARY 3, 1941 TEN CENTS Para. Starts Meetings on Decree Today Agnew Realigning Staffs For New Method Paramount today will launch a series of branch office meetings to instruct its field staffs in distribution procedure under the consent decree. The first session will be held this morning at the New York exchange. Neil F. Agnew, vice-president in charge of distribution, and Robert Gillham, advertising and publicity director, left last night for a trip around the country to realign the national sales setup with decree operations. They will also sit in on pro- duction conferences at the studio. Austin C. Keough, vice-president and general counsel, will interpret the decree at today's meeting at the local exchange. Later, he will visit every Paramount exchange in the East and South for the same purpose. Louis Phillips of the home office legal staff will cover the company's exchanges in the Midwest and Far West, begin- ning late this month and continuing until every exchange has been visited. Phillips' tour had to be postponed (Continued on page 7) 57 English Films Made in 9 Months London, Jan. 2. — A total of 57 features was produced in England between April 1 and Dec. 21, 194ft, according to figures released by the Brit- ish Board of Trade. Of the total, five were produced by American companies. Shirley Temple to Make2forM-G-M Hollywood, Jan. 2. — Superior Judge Emmet H. Wilson today ap- proved Shirley Temple's contract with M-G-M calling for at least two films this year, one with Mickey Rooney in a "Judge Hardy Family" picture. The contract provides $2,500 weekly salary for a minimum of 40 weeks, plus options. Shirley is to get equal billing with Rooney and not be required to make personal appear- ances, under the pact. Balaban, Ramsaye Will Address Club Barney Balaban, Paramount presi- dent, and Terry Ramsaye, editor of Motion Picture Herald, will be the speakers Tuesday afternoon at the next of a series of meetings sponsored by the Paramount Pep Club educa- tional committee. The meeting will be held in the Paramount home of- fice recreation room. Balaban will speak on theatre operations and Ramsaye on "Success Is Where You Find It." British Exhibitors Vote Rooney 1940 Box Office Leader British exhibitors, voting in the 1940 Motion Picture Herald-Fame poll, se- lected Mickey Rooney as the biggest money making star. In the order of their ranking, the stars, inclusive of British and Ameri- can players, were voted in accordance with their value at the box-office as follows : 1. Mickey Rooney 2. Deanna Durbin 3. Spencer Tracy 4. Jeanette MacDonald 5. George Formby 6. Nelson Eddy 7. Errol Flynn 8. James Cagney 9. Gary Cooper 10. Bing Crosby British players were rated in the following order of ranking : George Formby, Robert Donat, Gracie Fields, Arthur Askey, Lucan & McShane, Charles Laughton, Will Hay, Conrad Veidt, Gordon Harker, Anna Neagle. It is notable that Formby, winner among British players, according to the vote of British showmen, was the only English player to find a place in the first 10 among international play- ers, placing fifth. Formby captured the British honor for the third successive year. NO SETTLEMENT IN U. S. MUSIC SUIT NY Arbitration Panel to Total 50 Members New York City's arbitration board will have a panel of 50 to 60 arbitrators, the largest number of any of the 31 local tribunals to be set up under the consent de- cree, the American Arbitration As- sociation reported yesterday. Other boards located in the Class A cities will have panels of 40 to 50 arbitrators. Boards in the Class B cities will have panels of from 30 to 40, and those in Class C cities will have from 20 to 30 arbitrators. The consent decree provides that panels of a minimum of 10 arbitra- tors will be established for each local board. The numerical groupings made by the A.A.A. are the result of ad- vance estimates of the requirements of the various exchange districts and may be increased or decreased as con- ditions develop after the boards begin to function. The Class A exchange cities, each of which will have one clerk and sev- eral secretaries for the arbitration boards, in addition to the largest pa- nels of arbitrators, are : New York, Chicago, Los Angeles, Detroit, Phila- delphia, Boston, Pittsburgh, Cleve- land, Cincinnati, Minneapolis, Atlan- ta. Dallas, San Francisco and Wash- ington, D. C. (Continued on page 7) Gov't Wants Early Trial; Ascap to Sue CBS For Infringement Operators' Local Gets $7,500 Judgment From Brooklyn House on ITOA Pact An arbitration board headed by Frederick E. Crane, former chief judge of the New York Court of Appeals, has awarded Local 306 of the operators' union a judgment of $7,500 against the operators of the Sheldon, Brooklyn, and costs of $1,146 against the house and the New York I.T.O.A. The case was described as a "key" suit by union officials who disclosed that in the past three months nine independent theatres have attempted to avoid the master I.T.O.A contract signed three years ago by changing own- ership of theatres. The Sheldon, according to Crane's renort. was owned by the Adenos Theatre Corp. up to May 15, 1938, when Emmons Amuse- ment Corp. took over and discharged the local's projectionists. Crane ruled that the transfer was not a bona fide sale and ordered the theatre to re-employ the union men. Hope for a settlement of the anti- trust suit soon to be brought by the Government in Milwaukee against Ascap, BMI, NBC and CBS has been abandoned, it was disclosed by the Attorney General's staff in the Federal Court here yes- terday. The Department of Justice is determined to go through with the prosecution, spokes- men said. An early trial will be sought following the filing of an information in Federal Court, Milwaukee, on Monday. Answering queries of reporters on the reason for bringing the suit in Milwaukee rather than New York, Government attorneys explained that local judges had protested against the over-burdening of the calendar in Southern New York district with all anti-trust cases. The judges ex- pressed the view that the calendar was so crowded already that a trial in such suit would take a long time before being reached. As a result, the Government de- cided to bring the suit in Milwaukee where an early trial could be had, it was said, although it was admitted that the conduct of the trial at so distant a point would involve consid- (Continued on page 7) Col. Renews Motion To Dismiss U. S. Suit Columbia yesterday renewed its motion in U. S. District court here to dismiss the Government's anti-trust suit against itself, United Artists and Universal. The motion, made by Schwartz & Frohlich, Columbia counsel, is re- turnable Tuesday before Federal Judge Henry W. Goddard. Colum- bia made a similar motion -shortly after the filing of the Government's amended complaint but later withdrew it. Columbia is also joining in the motion of United Artists and Uni- versal to require the Government to strike from its complaint all reference to the five consenting companies, in the event the Little Three's motions to dismiss are denied. Such a mo- tion was filed earlier by Edward C. Raftery of counsel for United Art- ists and Universal. 2 Motion Picture Daily Friday, January 3, 1941 Personal Mention Coast Flashes Hollywood, Jan. 2 \\ rlLLI AM F. RODGERS, M-G-M VV general sales manager, arrived here tonight for a week's studio con- ferences on the Spring production schedule. • Harry Maislish, manager of KFWB, Warner station here, said today that no definite proposal had been made to him to make the station the Southern California outlet of a new nationwide network being discussed by Ascap, but that such a proposal would find KFWB "more than re- ceptive." Meanwhile, the station took large space in newspapers to inform readers that it is the only local sta- tion using Ascap music. The Ascap office here said other independents would sign shortly. • Elen Kelty, songwriter, today filed a Federal Court suit in Los Angeles for §200,000 damages, alleging pla- giarism of her song, "I'd Know You Anywhere," which she said she wrote in 1937. Defendants are RKO, Kay Kyser. Jack Benny, Dennis Day, Bregman, Vocco and Konn, Inc., music publishers, Ascap and 1.000 John Does. Stein to RKO Theatres Monroe Stein, formerly of the Co- calis circuit, on Monday will join the RKO Theatres booking department, John J. O'Connor, vice-president in charge of theatres, said yesterday. JCHEEVER COWDIN, Univer- . sal board chairman, was called to New York from the Coast by the seri- ous illness of his father. He plans to return to the studio as soon as pos- sible. • Mr. and Mrs. Nat Sanders return- ed yesterday from a two-week vaca- tion in Miami. • Jules Levey is scheduled to leave for the Coast today. • Woodrow Sherrill, M-G-M book- er at Des Moines, is spending a two- week vacation at Richmond, Ya. • Nat Turberg, manager of the Northio Paramount. Hamilton, Ohio, is confined to his home with the flu. • E. C. Grainger, Oscar A. Doob, John W. Hicks, Ralph Austrian, Harry Brandt. Ed Sauneers, Charles E. McCarthy J. J. Unger, Milton Kusell, George Weltner and Erxo Rapee having lunch yester- day at Nick's Hunting Room in the Astor. Intervene in Film Suit Birmingham, Ala., Jan. 2. — Federal Judge T. A. Murphree has signed an order here allowing Arthur Mayer and Joseph Burstyn of New York to intervene in the civil suit brought to restrain police seizure of "French Girls Club," which they distribute. DAVID LIPTON arrived from the Coast on Wednesday and took over his post of advertising and pub- licity director for Columbia at the home office yesterday. • Monroe Greenthal, Martin Mos- kowitz, Joseph Pincus, Joseph Moskowitz and Hal Young lunching yesterday at Lindy's (51st St.). • Barney Balaban, Austin Ke- ough, Neil Agnew, Adolph Zukor, Leonard Golden son , Tom Connors, John D. Hertz, Jr., John Buchan- an, Jack Kirkland, Arthur Krim. Lee Shubert, John Golden, Toby Gruen, Arthur Loew, Clifford Odets, Mort Spring, Luther Adler and Dave Blum lunching at Sardi's yesterday. • Max Weisfeldt, Rube Jackter and Lou Weinberg at Lindy's (next to the Rivoli) for lunch yesterday. • William J. Heineman, James J. Jordan, Al Margolies, Ray Gal- lagher, Herb Fecke and James A. Cron lunching at the Tavern yester- day. Holiday Grosses Up In Albany Territory Albany, Jan. 2. — Business between the holidays as well as on both New Year's day and Christmas was far above the similar 10-day period in 1939, both downtown and subsequent theatre managers reported. Throughout the Albany-Troy-Sche- nectady area, theatres had a conserva- tive 10 per cent improvement over a year ago with many houses reporting as much as 25 per cent for the holi- day season. Ohio Censor Rejects 33 Reels During '40 Columbus. Jan. 2. — During 1940 the Ohio censor rejected 33 of the 6,210 reels reviewed. A total of 399 eliminations were made. This com- pares with 42 rejections out of 7,101 reels, with 352 eliminations in 1939. Of 412 reels. 29 eliminations were ordered last month. In December, 1939, 602 reels were reviewed with 39 eliminations. RESTAURANTS 1626 BROADWAY 1655 (Next to the (51st Street Rivoli Theatre) Corner) For over 20 years the luncheon and dinner place for Motion Picture People Sole agents in New York for FAMOUS BLUM'S ALMONDETTES from San Francisco, California Newsreel Parade PARAMOUNT devotes its entire issue to the four "bowl" games; RKO Pathe to a review of the 1940 iiczvs highlights, and Universal to the sports highlights of 1940. Tho foot- ball games and the regular news sub- jects comprise the issues of Movie- tow and .Yews of the Day. The con- tents: MOVIETONE NEWS, No. 34— Chief Justice Hughes honored by Jews. Sub- marine launched in California. Freight train wreck in New York. Prince Olaf with family in Washington. Canadian troops in England. Duke of Kent tours southeast England. Spanish fashions. "Bowl" games. NEWS OF THE DAY, No. 232— Re- mains of the Tacoma Bridge. London at night. King George spurs R. A. F. Selas- sie in England. Hughes honored in Wash- ington. "Bowl" games. PARAMOUNT NEWS, No. 37— Rose, Cotton. Orange and Sugar Bowl football games. RKO PATHE NEWS, No. 37— "Review of 19-40, A Year of War." UNIVERSAL NEWSREEL, No. 942— Sports highlights of 1940. Zanuck Will Attend N. Y. Critics Awards Darryl F. Zanuck, vice-president in charge of production for 20th Cen- tury-Fox. will arrive here tomorrow to attend the annual award party of the New York Film Critics, in the Rainbow Room on Sunday afternoon. "The Grapes of Wrath," produced by Zanuck, was voted by the critics the outstanding picture of 1940. On the broadcast of the awards from 6:05 to 6:30 P.M., over the NBC Blue, Henry Fonda and Jane Darwell will present a scene from the film. They will be introduced by Nunnally Johnson. scenarist and associate pro- ducer. Folley Examination Set RKO yesterday filed notice in U. S. District Court that it would examine Irving K. Wolfson and Charles Haar before trial on Jan. 15 in connection with the S750.000 anti-trust suit brought by Folley Amusement Corp. against the eight major companies. Monogram and Republic. The plain- tiff claims lack of product forced the closing of the Folly Theatre in Brooklyn. MOTION PICTURE DAILY {Registered V. S. Patent Office) Published daily except Saturday, Sunday and holidays by Quigley Publishing Company, Inc., 1270 Sixth Avenue, Rockefeller Center, New York City. Telephone Circle 7-3100. Cable address, "Quigpubco, New York." Mar- tin Quigley, Editor-in-Chief and Publisher; Colvin Brown, Vice-President and General Manager; Watterson R. Rothacker, Vice President; Sam Shain, Editor; Alfred L. Finestone, Managing Editor; James A. Cron, Advertising Manager; Chicago Bureau, 624 South Michigan Avenue, C. B. O'Neill, manager; Hollywood Bureau. Postal Union Life Building, William R. Weaver, Editor; London Bureau, 4 Golden Square, London Wl, Hope Williams, manager, cable address "Quigpubco, London." All contents copy- righted 1941 by Quigley Publishing Com- pany. Inc. Other Quigley publications: Motion Picture Herald, Better Theatres, International Motion Picture Almanac and Fame. Entered as second class matter, Sept. 23, 1938; at the pest office at New York, N. Y., under the act of March 3, 1879. Subscription rates per year $6 in the Americas and $13 foreign. Single copies 10c. ANNIHILATE - - OR OSCULATE Romero, as- the Romeo of the rackets, has a great talent for either of the pastimes. TALI, DARK and HANDSOME 2oth's natural ! . . . loaded with laughs ! thrills ! tunes ! fred the Bu«SS^ iness? 1 'Love Thy Neighbo box office returns start pouring in. Figures compiled from every key city just before press-time show "LOVE THY NEIGHBOR" smashing holiday week records everywhere . . . running from 11% to 74% ahead of "Buck Benny Rides Again"... and df the N. Y. Paramount, it's smashing every holiday record in the history of the house! *W «w WA* »t* Jack BENNY Fred ALLEN with MARY MARTIN " Verree Teasdale and ROCHESTER Original Screen Play by William Morrow and Edmund Beloin, Ernest Pagano and Z. Myers • A Paramount Picture , ... MAPIf CAKinpiru 4 Motion Picture Daily Friday, January 3, 1941 Philadelphia Likes 'Police' $21,000 Worth Philadelphia, Jan. 2. — In spite of the warm weather, Christmas holiday and the fact that youngsters are home from school kept grosses at holiday levels. "North West Mounted Police" at the Stanley led the field with $21,000. "Thief of Bagdad" at the Aldine drew $14,000. Estimated takings for the week end- ed Dec. 25-27: "Thief of Bagdad" (U. A.) ALDINE— (1,400) (35c-41c-46c-57c-68c) 7 days. Gross: $14,000. (Average, $9,000) "Arizona" (Col.) ARCADIA— (600) (35c-46c-57c) 6 days, 2nd run. Gross: $2,800. (Average, $2,600) "Second Chorus" (Para.) BOYD — (2,400) (35c-41c-46c-57c-68c) 7 days. Gross: $8,300. (Average, $13,000) "A Night At Earl Carroll's" (Para.) EAELE — (4,000) (35c-41c-46c-57c-68c) 7 days with vaudeville including Clyde Mc- Coy's orchestra, Three Stooges, Bennett Sisters, and Wayne Gregg. Gross: $18,200. (Average, $14,000) "Men Against the Sky" (RKO) FAY'S — (2,190) (15c-29c-35c-46c-57c) 7 days. Vaudeville including Ginger Britton, De Rita & Scannell, Sylvia & Clemence, Park & Clifford and Grandma Perkins. Gross: $7,000. (Average, $6,900) "Four Mothers" (WB) FOX — (3,000) (35c-41c-46c-57c-68c) 7 days. Gross: $15,200. (Average, $13,000) "The Letter" (W.B.) KARLTON — (1,000) (35c-41c-46c-57c-68c) 4 days, 2nd week, 2nd run. Gross: $3,300. (Average, $3,000) "Tin Pan Alley" (20th-Fox) KEITH'S — (2,200) (35c-41c-46c-57c-68c) 3 days, 2nd run, 2nd week. Gross: $2,700. (Average, $4,500) "North West Mounted Police" (Para.) STANLEY — (3,700) (35c-41c-46c-57c-68c) 7 days. Gross: $21,000. (Average, $14,000) "Gallant Sons" (M-G-M) STAIN TON— (1,700) (35c-46c-S7c) 6 days. Gross: $3,100. (Average, $4,500) 'Letter' at $5,800, Minneapolis' Best Minneapolis, Jan. 2. ■ — A rear- rangement of change days to take ad- vantage of Christmas left many pictures at theatres here for shortened runs, and pre-Christmas receipts were generally low. "The Letter" took $5,800 at the State. Estimated takings for the week end- ing Dec. 26 : "The Mark of Zorro" (20th-Fox) ORPHEUM— (2,800) (28c-39c-44c) 4 days, 2nd week, $2,000. (Average, $5,500) "The Letter" (W. B.) STATE — (2,300) (28c-39c-44c) 5 days. Gross: $5,800. (Average, $6,000) "Escape" (M-G-M) CENTURY— (1,600) (28c-39c-44c) 5 days, 2nd week. Gross: $1,800. (Average, $4,000) "Snow White and the Seven Dwarfs" (RKO) WORLD— (350) (28c-39c-44c-55c) 5 days, 2nd week. Gross: $1,000. (Average, $1,600) "So You Won't Talk" (Col.) "Always a Bride" (W. B.) ASTER— (900) (15c-28c) 6 days. Gross: $1,000. (Average, $1,800) "Angels Over Broadway' (Col.) GOPHER— (998) (28c) 6 days. Gross: $1,600. (Average, $2,500) Raft Returning to W.B. Hollywood, Jan. 2. — George Raft will return to the Warner studio in four weeks to start in "Danger Zone," thereby ending his four-month suspen- sion, during which time he has been off the payroll. New Comedy Opens On B'way Sunday "First Stop to Heaven," a new comedy by Norman Rosten, opens Sunday night at the Windsor with Alison Skipworth, Taylor Holmes and James Bell featured in the cast. J. Leventhal pro- duced the play. 'Police' Captures $5,000 in St. Louis St. Louis, Jan. 2. — "North West Mounted Police" drew $5,000 in its third week at the Missouri. It played the Ambassador for two weeks and was moved to the Missouri, dualed with "Tin Pan Alley." Estimated takings for the week end- ing Dec. 24: "Arise My Love" (Para.) "A Night at Earl Carroll's" (Para.) AMBASSADOR— (3,018) (28c-39c-44c-56c) 7 days. Gross: $9,000. (Average, $11,500) "Ellery Queen, Detective" (Col.) "Give Us Wings" (Univ.) FOX— (5,038) (30c-40c-50c) 6 days. Univer- sity of Missouri revue on stage. Gross: $7,300. (Average, 7 days, $11,000) "The Long Voyage Home" (U. A) "The Lone Wolf Keeps a Date" (Col.) LOEWS STATE— (3,162) (28c-39c-44c-56c) 5 days. Gross: $4,700. (Average, 7 days, $13,000) "North West Mounted Police" (Para.) "Tin Pan Alley" (20th-Fox) MISSOURI— (3,514) (30c-40c-50c) 7 days. Gross: $5,000. (Average. $4,000) "The Mark of Zorro" (ZOth-Fox) "Too Many Girls" (RKO) ST. LOUIS— (4,000) (25c-35c) 6 davs. Gross: $1,500. (Average, 7 days, $2,600) 'Philadelphia' Pulls $6,300, Cincinnati Cincinnati, Jan. 2. — Despite gen- erally low grosses in the week before Christmas, "Philadelphia Story" drew $6,300 in six days of the third week at the RKO Palace. Estimated takings for the week end- ing Dec. 21 : "Chad Hanna" (ZOth-Fox) RKO ALBEE — (3,300) (33c-40c-50c) 5 days Gross: 7 days, $6,900. (Average, $12,000) "Philadelphia Story" (M-G-M) RKO PALACE— (2,700) (42c-60c) 6 days, 3rd week. Gross: $6,300. (Average, 7 days, at 33c-40c-50c, $5,500) "Here Comes the Navy" (W. B.) RKO SHUBERT— (2,150) (33c-40c-50c) 7 days. Gross: $2,100. (Average, $5,000) "Go West" (M-G-M) RKO CAPITOL— (2,000) (33c-40c-50c) 5 days. Gross: $2,400. (Average, 7 days, $5,500) "The Bank Dick" (Para.) RKO GRAND — (1,450) (33c -40c -50c) 7 days. Gross: $3,900. "Tin Pan Alley" (20th-Fox) RKO LYRIC— (1,400) (28c-33c) 6 days, 3rd week. Gross: $2,000. (Average, 7 days, $4,500) 'Three Men From Texas" (Para.) "Who Killed Aunt Maggie?" (Rep.) RKO FAMILY— (1,000) (15c-28c) 4 days. Gross: $1,100. (Average. $1,200) "Youth Will Be Served" (20th-Fox) "Spies in the Air" (Film Alliance) RKO FAMILY— (1,000) (15c-28c) 3 days. Gross: $700. (Average, $800) "South of Suez" (W. B.) KEITH'S— (1,500) (33c-40c-50c). Gross: $2,700. (Average, $5,000) Wins Right to Build Atlantic City, Jan. 2. — Vice- Chancellor W. Frank Sooy refused to restrain the Circle Amusement Co. of Philadelphia, from proceeding with the erection of a theatre in the Vent- nor section. The injunction was sought by resident on the grounds that the proposed theatre building was in vio- lation of the section's residential restrictions. 'Arizona' Gets Good $7,600 In Seattle Seattle, Jan. 2. — Aided by the holi- day showgoers, "Arizona" at the Lib- erty grossed $7,600, and "Comrade X" at the Paramount drew $7,500 with "Dr. Kildare's Crisis." The weather was clear and colder, with little rain. Estimated takings for the week end- ing Dec. 27 : "Go West" (M-G-M) "Too Many Girls" (RKO) BLUE MOUSE— (950) (30c-40c-50c-65c) 7 days, 2nd week, Gross: $3,600. (Average, $4,000) "The Thief of Bagdad" (UA) FIFTH AVENUE — (2,500) (30c-40c-50c- 65c) 7 days. Gross: $7,500. (Average, $7,000) "Arizona" (Col.) LIBERTY — (1,800) (30c -40c -50c -65c) 7 days. Gross: $7,600. (Average, $5,000) "Tin Pan Alley" (20th-Fox) MUSIC BOX— (950) (30c-40c-50c-65c) 7 days, 3rd week. Gross: $3,900. (Average, $4,000) "Trail of the Vigilantes" (Univ.) "Laddie" (RKO) ORPHEUM— (2,450) (30c-40c-50c) 7 days. Gross: $5,600. (Average, $6,000) "Give Us Wings" (Univ.) "Meet the Missus" (Rep.) PALOMAR — (1,500) (20c-30c-40c-50c) 7 days. Vaudeville. Gross: $4,800. (Aver- age, $5,000). "Comrade X" (M-G-M) "Dr. Kildare's Crisis" (M-G-M) PARAMOUNT — (3,050) (30c-40c-50c) 7 days. Gross: $7,500. (Average, $6,000) 'Bagdad' Scores $7,800, Milwaukee Milwaukee, Jan. 2. — "The Thief of Bagdad" and "The Hit Parade of 1941" took $7,800 at the Warner. "Chad Hanna" and "The Great Pro- file" drew $8,500 at Fox's Wisconsin. Mild weather helped. Estimated takings for the week ending Dec. 26-27 : "Second Chorus" (Para.) "Texas Rangers Ride Again" (Para.) PALACE— (2,400) (30c-40c-55c) 7 days. Gross: $4,000. (Average, $4,000) "Melody Ranch" (Rep.) RIVERSIDE— (2,700) (33c-44c) 7 days. Stage: Polack's Circus. Gross: $8,200. (Average, $6,500) "Arise My Love" (Para.) "Cherokee Strip" (Para.) STRAND— (1,400) (30c-40c-55c) 7 days. Gross: $1,500. (Average, $1,500) "The Thief of Bagdad" (U. A.) "Hit Parade of 1941" (Rep.) WARNER— (2,400) (30c-40c-55c) 7 days. Gross: $7,800. (Average, $4,500) "Chad Hanna' (ZOth-Fox) "The Great Profile" (ZOth-Fox) WISCONSIN— (3,200) (30c-40c-55c) 7 days. Gross: $8,500. (Average, $5,500) 'Thief Is Toronto Winner at $15,500 Toronto, Jan. 2.— "The Thief of Bagdad," aided by a one-day per- sonal appearance of Sabu, grossed $15,500 at the Uptown. "Love Thy Neighbor" took $12,500 at the Im- perial. Estimated takings for the week end- ing Dec. 28 : "Love Thy Neighbor" (Para.) IMPERIAL— (3,373) (15c-25c-35c-50c-65c) 6 days. Gross: $12,500. (Average, $9,000) "Flight Command" (M-G-M) LOEWS — (2,074) (15c-25c-35c-50c-65c) 6 days, 2nd week. Gross: $10,500. (Average, $9,000) "The Bank Dick" (Univ.) "Give Us Wings" (Univ.) SHEA'S— (2,663) (15c-25c-40c-50c) 6 days. Gross: $9,000. (Average, $7,500) "Arise My Love" (Para.) "Dancing on a Dime" (Para.) TIVOLI— (1,434) (15c-25c-40c) 6 days. Gross: $4,400. (Average, $3,900) "The Thief of Bagdad" (U. A.) UPTOWN— (2,761) (15c-25c-35c-50c-65c) 6 days. Gross: $15,500. (Average, $9,000) 'Arizona' Is Frisco Lead With $13,800 San Francisco, Jan. 2. — "Arizona," paired with "I'm Nobody's Sweet- heart," drew $13,800 at the Orpheum. "Flight Command" and "Gallant Sons" drew $15,500 at the Fox. Heavy rains lasted through the week. Estimated takings for the week end- ing Dec. 24-27: "San Francisco Docks" (Univ.) GOLDEN GATE— (2,850) (35c-40c-55c) 7 days. Stage: vaudeville. Gross: $14,000. (Av- erage, $15,000) "Flight Command" (M-G-M) "Gallant Sons" (M-G-M) FOX— (5,000) (15c-35c-40c-50c) 7 davs. Gross: $15,500. (Average, $16,000) "Arizona" (Col.) "I'm Nobody's Sweetheart Now" (Univ.) ORPHEUM— (2,440) (15c-35c-40c-50c) 7 days. Gross: $13,800. (Average, $8,000) "Second Chorus" (Para.) 'Melody Ranch" (Rep.) PARAMOUNT— (2,740) (15c-35c-40c-50c) 7 days. Gross: $12,000. (Average, $11,500) "Kit Carson" (U. A.) UNITED ARTISTS— (1,200) (15c-35c-40c- 55c) 7 days, 2nd week. Gross: $6,900. (Aver- age, $8,000) "Go West" (M-G-M) "Christmas in July" (Para.) ST. FRANCIS— (1,400) (15c-35c-40c-50c) 7 days, 2nd week. Gross: $5,300. (Average, $6,000) "Chad Hanna" (ZOth-Fox) "Youth Will Be Served" (ZOth-Fox) WARFIELD— (2,680) (15c-35c-40c-50c) 7 days. Gross: $12,800. (Average, $12,000) "Time in the Sun" (Foreign) CLAY— (400) (15c-35c-45c) 7 days, 2nd week. Gross: $800. (Average, $1,000) 'Comrade X' Draws $10,000 in Detroit Detroit, Jan. 2. — Special programs which opened Christmas Day cut most bills to five days. The United Artists took in §10,000 with "Comrade X" and "The Long Voyage Home" in 7 days. Estimated takings for the week end- ing Dec. 26 : "Tin Pan Alley" (20th-Fox) "Give Us Wings" (Univ.) ADAMS— (1,600) (15c-39c-44c-55c) 5 days, 2nd week. Gross: $4,000. (Average, 7 days, $5,500) "Arise My Love" (Para.) "Wyoming" (M-G-M) FISHER— (2,700) (15c-39c-44c-55c) 7 days. Gross: $5,800. (Average, $7,000) "Escape To Glory" (Col.) "One Night in the Tropics" (Univ.) FOX— (5,000) (20c-55c-65c) 5 days. Gross: $10,000. (Average, 7 days, $15,000) "The Letter" (WB) "Captain Caution" (UA) MICHIGAN— (4,000) (15c-39c-44c-55c-65c) 5 days, 2nd week. Gross: $7,500. (Average. 7 days, $12,000) "North West Mounted Police" (Para.) "A Night At Earl Carroll's" (Para.) PALMS— (3,000) (25c-39c-44c-55c) 5 days, 2nd week. Gross, $6,000. (Average, 7 davs, $7,000) "Comrade X" (M-G-M) "The Long Voyage Home" (UA) UNITED ARTISTS— (2,000) (25c-39c-44c- 55c) 7 days. Gross: $10,000. (Average, $10,000) Merian Cooper Here Merian C. Cooper, producer, has arrived from the Coast to obtain addi- tional data for "The Eagle Squad- ron," which he will produce at the Walter Wanger studio. Radio City Music Hall Sets New Record! ' PHILADELPHIA STORY' LINES REACH COMPLETELY AROUND CITY BLOCKS Sensational M-G-M hit creates unique street spectacle! HE RES WHERE LINE STARTS X ® End of line circling entire &/c -CDC3CZ3— — 6 AVE? Q ENTRANCE o D 0 RADIO ° D CITY o V MUSIC HALL? i j 50th Street 1 it jams 50 th St L Street |oh line reaches up 5V Ave. Rockefeller Plaza around the corner and continue* Inner lobby packed! Outside line starts here and waits patiently four abreast on East 50th Street. I Turning the corner at Rockefeller Plaza and continuing around on West 51st Street. Th is is West 51st Street approaching 6th Avenue where circle is completed first time in history. ^ ™ 0 UJ * O *. «i o k I 3 fx CO a eo •Si si'*2 W: ■a c© a ca *♦>* . © }*a CO •*» ►a ^ . v— & a a» s> •SO "Bp .©^ a * CD o ^ a S ■§ s & a 84 .. a .5 © § •M © © a; © CO CO 0) CD mm WARNERS She Couldn't Say No (C) 571 Roger Pryor Eve Arden Here Comes the Navy (D) 525 James Cagney Pat O'Brien Santa Fe Trail (D) 551 Errol Flynn 0. De Havilland Four Mothers (D) 503 Lane Sisters Jeffrey Lynn Case of the Black Parrot (D) 572 Wm. Lundigan Honeymoon for Three (C) George Brent Ann Sheridan High Sierra (D) H. Bogart Ida Lupino UNIVERSAL Margie (C) 5026 Tom Brown Nan Grey Trail of the Vigilantes (D) Franchot Tone B. Crawford Give Us Wings (D) 5025 Dead End Kids Invisible Woman (C) /. Barrymore Virginia Bruce Where Did You Get That Girl (D) Lucky Devils (D) 5023 San Francisco Docks (D) Burgess Meredith Irene Hervey Six Lessons from Madame LaZonga (M) Lupe Veles Back Street (D) Charles Boyer M. Sullavan Buck Privates (C) Abbott-Costello Andrew Sisters Meet the Chump (C) Hugh Herbert Jeanne Kelly Nice Girl (D) Deanna Diirbin Franchot Tone U. A. Thief of Bagdad (D) Sobu June Dupres Son of Monte Cristo (D) Joan Bennett Louis Haywood Road Show (C) Adolphe Menjon Carole Landis 20TH-FOX Charter Pilot (D) 118 Lloyd Nolan Lynn Bari Murder Over New York (D) 121 Sidney Toler Ricardo Cortes Jennie (D) 122 V. Gilmore William Henry Chad Hanna (D) 123 Henry Fonda Dorothy Lanwur Hudson's Bay (D) 115 Paul Muni Virginia Field Michael Shane, Private Detective (D) Lloyd Nolan Romance of the Rio Grande (O) 125 Cesar Romero Tall, Dark and Handsome (C) 128 Cesar Romero Girl in the News (D) 127 Valerie Hobson B. K. Barnes Ride, Kelly Ride (C) E. Palleite Golden Hoofs (C) Jane Withers Buddy Rogers Western Union (D) Scott-Jagger Robert Vouiw RKO RADIO | The Fargo Kid (O) 182 Tim Holt No, No, Nanette (M) 114) Anna N eagle Zasu Pitts Kitty Foyle (D) 112 Ginger Rogers Dennis Morgan Convoy (D) 161 dive Brook John Clements Little Men (D) 110 Kay Francis Jack Oakie Let's Make Music (D) 115 Bob Crosby Jean Rogers Saint in Palm Springs (D) 116 George Sanders Wendy Barrie Mr. and Mrs. Smith (C) 117 Carole Lombard R. Montgomery Along the Rio Grande (O) 183 Tim Holt Ray Whitley Citizen Kane (D) 118 Orson Welles Show Business (C) 119 Alan Mowbray Donald MarBridc REPUBLIC | Border Legion (O) 053 Roy Rogers Gabby Hayes Barnyard Follies (C) 008 Mary Lee Rufe Davis Behind the News (D) 009 Lone Star Raiders (O) Bowery Boy (D) Dennis O'Keefe L. Campbell Wyoming Wildcat (O) 074 Don "Red" Barry Robin Hood of the Pecos (O) 054 Rov Roaers Ridin' On a Rainbow (O) Gene Autry Smiley Bwrnette Arkansas Judge (C) The Weavers Roy Rogers Petticoat Politics (C) Higgims Family PARA. Night at Earl Carroll's (C) Ken Murray Lillian Cornell Texas Rangers Ride Again (O) John Howard Ellen Drew North West Mounted Police (D) 3946 Love Thy Neighbor (C) Second Chorus (C) Fred Astake Paulette Goddard Doomed Caravan (O) Bill Boyd Russell Hayden Victory (D) Fredric March Betty Field Aldrich Family in Life with Henry (C) Jackie Cooper You're the One (M) Bonnie Baker Orrin Tucker The Mad Doctor (D) B. Rathbone Ellen Drew Virginia (O) F. MacMurray M. Carroll MONOGRAM Pride of the Bowery (D) Chamber of Horrors (D) Her First Romance (D) Edith Fellows E. Evans Rolling Home to Texas (O) Tex Ritter Trail of the Silver Spurs (O) Range Busters Dead Man's Shoes (D) W. Lawson Leslie Banks You're Out of Luck (D) Frankie Darro M. Moreland M-G-M Go West (M) 114 Marx Brothers Diana Lewis Comrade X (C) 113 Clark Gable Hedy Lamarr Keeping Company (D) 116 John Shelton Flight Command (D) 117 Robert Taylor Ruth Hussey Maisie Was a Lady (C) Ann Sothern Lew Ayres Philadelphia Story (C) 119 Grant-Hepburn James Stewart Wild Man of Borneo (C) Frank Morgan Mary Howard Come Live With Me (C) James Stewart Hedy Lamarr COLUMBIA 1 Thundering Frontier (O) Chas. Starrett Iris Meredith Great Plane Robbery (D) Jack Holt Vicki Lester Phantom Submarine (D) Anita Louise Bruce Bennett Arizona (O) . Jean Arthur William Holden This Thing Called Love (C) Wildcat of Tucson (O) Pinto Kid (O) Chas. Starrett Louise Currie Face Behind the Mask (D) Peter Lorre Evelyn Keyes The Devil Commands (D) Boris Karloff Amanda Duff Adam Had Four Sons (D) Warner Baxter Ingrid Bergman Return of Boston Blackie (D) Chester Morris ♦ Q A " Q N ♦ >-j £ o a n i ^ i ^ a m fe & * Friday, January 3, 1941 Motion Picture Daily 7 See Early Solution Of English Problem London, Jan. 2. — An ultimate solu- tion of the war relief problem for English theatres was indicated by the harmony which characterized yester- day's joint discussion of the matter between representatives of the Cine- matograph Exhibitors Association and Kinematograph Renters Society (dis- tributors). Future meetings will be held, al- though each group first must report to its executive body. Much of the spirit of harmony is said to have been due to the conciliatory attitude of Sam Smith, president of the K.R.S. He expressed the belief that an amicable solution would be reached. It is understood K.R.S. members already are supplying films for the Army Council plan of mobile theatres and the latter are operating with the approval and collaboration of the trade. 'Chad Hanna! Draws $9,000 in Baltimore Baltimore, Jan. 2. — Midweek hol- iday openings shifted the regular schedules, and most of the theatres started their new attractions on Christmas Day. For the week prior to Christmas, box-office returns were off. The weather was unseasonably mild. "Chad Hanna" drew $9,000 at the New. Estimated takings for the week end- ing Dec. 26: "The Long Voyage Home" (U. A.) CENTURY — (3,000) (15c-28c-44c) 5 days. Gross: $5,300. (Average, $10,000) "The Bank Dick" (Univ.) KEITH'S— (2,406) (15c-28c-33c-44c) 7 days. Gross: $10,000. (Average, $9,000) "Chad Hanna" (20th-Fox) NEW— (1,581) (15c-28c-35c-55c) 7 days. Gross: $9,000. (Average, $7,000) "Four Mothers" (W. B.) STANLEY — (3,280) (15c-28c-39c-44c-55c) 7 days. Gross: $13,000. (Average, $12,000) "A Night in the Tropics" (Univ.) HIPPODROME— (2,205) (15c-28c-39c-44c- 55c-66c) 5 days. On stage: "Baltimore Fol- lies" made up of local talent. Gross: $12,000. (Average, $14,000) Indianapolis Gives (July\ Show $9,000 Indianapolis, Jan. 2. — "Christmas in July" on the screen and "Streets of Paris" on the stage drew $9,000 at the Circle. The weather was warm. Estimated takings for week ending Dec. 24-26 : "Christmas in July" (Para.) CIRCLE — (2,800) (28c-33c-44c) 7 days. Stage: Streets of Paris revue with "Think - a-Drink" Hoffman, Sid Marion, Cliff Hall, Hylton Sisters, Frank and Jean Hubert, Ernesto & Talia, Anne Crosby, Petty Alex- ander, Petch & Deauville. Gross: $9,000. (Average, $6,000) "Dr. Kildare's Crisis" (M-G-M) "Angels Over Broadway" (Col.) LOEWS — (2,800) (28c-33c-44c) 5 days. Gross: $3,600. (7-day average. $7,000) "Lady With Red Hair" (W. B.) LYRIC— (2,000) (28c-33c-44c) 7 days. Stage: Larry Clinton Orchestra, with Terry Allen, Peggy Mann, Timmy Currie and the Carr Brothers. Gross: $7,700. (Av- erage, .$8,000) Photographers Plan Annual Party Feb. 14 The Press Photographers Associa- tion of New York, Inc., will hold its 12th annual dance and entertainment on Feb. 14, St. Valentine's Day, in the grand ballroom of the Hotel Astor. Stars of screen, stage and radio will participate in the affair. Approximate- ly 3,500 are expected. NBC Splits Blue, Red Press Units Following the trend toward com- plete separation of NBC's Red and Blue networks, Frank E. Mason, vice- president in charge of the information department, yesterday announced the division of the press department into separate sections for each network. At the same time, Mason disclosed that William Kostka, manager of the New York press department, had been named coordinator for NBC press and publicity activities on a national basis. The present NBC news sheet will be discontinued Monday and in its place each network will issue its own. Richard Spencer, assisted by Charles Pekor, will head the Red setup, and Art Donegan, assisted by Benson Pratt, will head the Blue. Emil Cor- win and Warren Gerz will be assist- ant editors. Earl Mullin, assistant press man- ager, will coordinate the functions of both sections and Florence Marks will act as photo editor. The new press sheets will be mailed to all newspapers over the country instead of merely to Eastern papers. In ad- dition, a bi-weekly general feature service will be mailed on alternate Fridays. Other changes in the publicity de- partment include John Briggs leav- ing Monday to act as music critic for the New York Post, and Ed Nickels leaving next week to act as assistant to Lester Gottlieb, Mutual publicity director, in the place of Fred Mears who will join the air force on Jan. 15. Pratchett Due for Parley With Hicks Arthur Pratchett, Paramount Cen- tral American manager will arrive Monday from Mexico City to confer with John W. Hicks, vice-president and foreign manager, on arrangements for the company's Latin American convention in Panama on Feb. 6. Hicks and Pratchett are scheduled to leave Jan. 12 for Mexico and the Panama meeting. Hicks will continue to South America thereafter. Benito del Villar, Paramount man- aging director for Chile, Peru and Bolivia, arrived from South America yesterday for a month's visit, follow- ing which he will go to Panama for the company meeting. N. Y. Panel Will Have 50 Members (Continued from page 1) Class B cities whose arbitration boards will have a clerk and one secretary each, and panels of 30 to 40 arbitrators, are : Albany, Buffalo, Milwaukee, Kansas City, St. Louis, Charlotte and Seattle. The Class C cities, whose boards will have a clerk but no secretaries, and panels of 20 to 30 members are: New Haven, Indianapolis, Des Moines, Omaha, New Orleans, Mem- phis, Salt Lake City and Portland. Charter New Circuit Columbia, S. C, Jan. 2.— D. & M. Amusement, Inc., capitalized at $10,- 000, has been formed to conduct places of amusement. W. T. Martin is president. CBS Year Billings Record $41,025,549 Marking the first time that anv single network has pass- ed the $40,000,000 mark, CBS gross billings for the year 1940 totaled $41,025,549, an in- crease of 18.8 per cent over the 1939 total of $34,539,665. During the final month, De- cember, billings were $3,819,- 989, an increase of 8.2 per cent over the same month in 1939. Para. Meetings on Decree Start Today (.Continued from page 1) until the end of January because he is to represent Paramount at the trial of the LaCrosse anti-trust suit against the company, which is scheduled to open in Federal court at Madison, Wis., on Monday. Phillips will leave for Madison tonight. At the conclu- sion of the LaCrosse trial he is scheduled to defend Paramount in a plagiarism suit in Federal court at Chicago. Indications are that ParT amount will realign its sales organization on a pattern sim- ilar to that adopted recently by others, possibly including the creation of new sales divi- sions and a reshuffling of the branches to effect closer super- vision and contact by home office executives. The recent appointment of C. J. Scollard as executive assistant to Agnew is a part of the company's plans for revised sales operations under the decree. The addition of Joe Philipson, former head of the J. H. Cooper Circuit office here, and Jack Bannan, formerly associated with Sam Dembow at Paramount theatres and National Screen Service, to the home office distribution de- partment, effective Monday, is re- garded similarly. 'Long Voyage' at $8,500 in Buffalo Buffalo, Jan. 2. — "The Long Voy- age Home" and "A Night at Earl Carroll's," with $8,500 at the Great Lakes, was the only bill here to draw better than average business. Estimated takings for the week end- ing Dec. 24 : "Lady With Red Hair" (W. B.) "Charter Pilot" (20th-Fox) BUFFALO— (3,489) (35c-55c) 5 days. Gross: $8,800. (Average, $12,000) "The Long Voyage Home" "A Night At Earl Carroll's" (Para.) GREAT LAKES— (3.000) (35c-55c) 5 days. Gross: $8,500. (Average. $7,500) "Little Nellie Kelly" (M-G-M) "Dr. Kildare's Crisis" (M-G-M) HIPPODROME— (2,100) (30c-50c) 5 days. Gross: $3,000. (Average. $6,800) "Melody Ranch" (Rep.) "Wildcat Bus" (RKO) TWENTIETH CENTURY— (3,000) (30c- 40c) 5 days. Gross: $4,400. (Average, $7,500) "Girl From Havana" (Rep.) "Fugitive From a Prison Camp" (Col.) LAFAYETTE — (3,000) (30c-40c) 6 days. Gross: $4,000. (Average, $6,300) 'Destiny' to Music Hall Warners' "Flight from Destiny" has been booked for the Radio City Music Hall in March. No Settlement In U. S. Music Prosecutions (Continued from page 1) erable expense to the Government as well as the defendants. Meanwhile, John G. Paine, Ascap general manager, struck the first blow in the radio music battle by instruct- ing the society's attorneys, Schwartz & Frohlich, to bring an infringement suit against the Texas Co. and CBS Many Unaware of Ascap-BMI Fight An informal poll conducted by the New York Times to discover whether radio lis- teners picked at random had missed Ascap songs on the air since New Year's Eve re- sulted in the discovery that most persons were unaware that a dispute between Ascap and the networks existed and many others were infrequent radio listeners. and all affiliated stations which car- ried the Fred Allen "Texaco Star Theatre" program Wednesday night. Paine declared that there was an in- fringement of the song 'Wintergreen for President" from "Of Thee I Sing." BMI, for its part, stated that a na- tional checkup of the 675 stations which used its music revealed that the listening audience was unaware of any change from Ascap to non- Ascap music over the air. The check- up was made by the stations, private agencies and newspapers, it was said, with the same result in all cases. Par- ticular stress was placed on independ- ent surveys made by the New York Times and the Philadelphia Record. U. S. Court Upholds Wisconsin License Law Milwaukee, Jan. 2. — Federal Judge F. Ryan Duffy today upheld a 1935 Wisconsin law which requires music brokers to obtain licenses from the state and pay a 25 per cent fran- chise tax on fees collected in the state. The case involved Leo Feist, Inc., music publisher, against Wiley Young, West Allis tavern keeper. Feist sought a $250 copyright in- fringement fee from Young, who filed a counter claim charging neither Feist nor Ascap had obtained state licenses. Young is president of the Tavern Music Protective Ass'n of Wisconsin, organized a year ago to combat As- cap. NLRB Rejects Plea Of Columbia Group Washington, Jan. 2. — First Na- tional Labor Relations Board order of the new year was the rejection of a petition of the janitors and matrons employed by Columbia Pictures in Hollywood for certification of the Col- umbia Pictures' Maintenance Associa- tion as collective bargaining agent. PREEMINENT ALL three Eastman negative films make important contributions to the startling beauty of today's screen productions. Un- varying dependability and wide latitude make them the established favorites of critical cameramen. Eastman Kodak Company, Rochester, N. Y. J. E. BRULATOUR, INC., Distributors Fort Lee Chicago Hollywood PLUS-X SCPER-XX for general studio use when little light is available BACKGROUND-X for baekgrounds and general exterior work EASTMAN NEGATIVE FILMS Alert, InteWgei awfy lh^ispe>f to the^l cjtion Picture Industry MOTION PICTUKf DAILY VOL. 49. NO. 3 NEW YORK, U.S.A., MONDAY, JANUARY 6, 1941 TEN CENTS Gov't Music Trial Delayed Until Spring Due to Crowded Calendar In Milwaukee Court Milwaukee, Jan. 5. — The Govern- ment's projected criminal proceedings against Ascap, NBC, CBS, and B.M.I, on anti-trust charges, which may be filed here this week, cannot come to trial before Spring because of the crowded condition of the local Federal court calendar during January and February. This was learned following Govern- ment statements in Washington and New York last week that the action would be instituted here instead of in New York because an early trial could not be obtained in the latter city. The Government is expected to file a criminal information instead of lay- ing the case before the grand jury, which will not convene here until Jan. 14. Under this procedure, it was said, the Government would not be compelled to bring witnesses from (Continued on page 8) Weshner to UA as Exploitation Chief David E. (Skip) Weshner, super- visor of key-run theatres for Warner Bros., in Philadelphia, will leave that company on Jan. 10, to take a new position with United Artists here, that of director of exploitation. The appointment was made by Monroe Greenthal, director of advertising and publicity. Maurice Gable, manager of the Boyd, Philadelphia, has been appoint- (Continued on page 4) 300 at Presentation Of Critics' Awards The New York Film Critics pre- sented their 1940 awards before 300 guests at a cocktail party at the Rain- bow Room yesterday afternoon. Bos- ley Crowther of the New York Times, president of the critics, was master of ceremonies. The ceremonies were broadcast (Continued on page 4) Four Reviews Today A Hollywood review of "The Saint in Palm Springs" and New York reviews of "Wyoming Wildcat," "Break the News" and "Hotel du Nord" will be found on Page 5. Atlas-Meehan Deal 7,000 KAO Shares In the deal recently made between Atlas Corp. and M. J. Meehan, Atlas purchased outright approximately 7,000 shares of the Keith-Albee- Orpheum preferred stock held by Meehan. This is about 25 per cent of the total Meehan holdings in KAO preferred. Atlas is reported to have paid about $725,000 for this stock. The remain- ing shares held by Meehan are under option, by terms of the same deal, for an ag- gregate amount of approxi- mately $2,500,000, according to Wall Street authorities. 20th-Fox to Stress U.S. Themes: Zanuck Chicago, Jan. 5. — Twentieth Cen- tury-Fox will produce films stressing American themes and with Latin Am- erican appeal in an effort to regain some of the revenue lost in foreign markets, Darryl F. Zanuck, vice-presi- dent in charge of production, said here while passing through en route East. He expressed the belief that "To- bacco Road" would be the most suc- cessful picture produced by the com- pany. (Continued on page 4) 'IT Will Deliver 63 Promised for Season: Blumberg Hollywood, Jan. 5. — Universal will deliver its full schedule of 63 pic- tures for the current season, Nate J. Blumberg, president, said today at the end of the second week of studio pro- duction conferences in which home of- fice and production executives are participating. Blumberg said that 39 of the 63 pictures promised have been com- pleted and that eight more will have been finished by the, middle of Febru- ary, leaving 16 pictures to be pro- duced between Feb. IS and Aug. 31. Strong Production Position "Our production position has never been better," Blumberg said. "The exhibitor response to our current sea- son's program has encouraged us to increase budgets and elaborate plans on quite a few of the remaining pro- ductions for the season." Participating with Blumberg in the conferences, which will continue through this week, are : W. A. Scully, Joseph Seidelman, Lou Pollock and Adolph Schimel from the home office, and Cliff Work, Matthew J. Fox, John Joseph and other studio offi- cials. J. Cheever Cowdin, Universal board chairman, who was called to New York last week, is expected to rejoin the conferees within a few days. 2,500 Theatres Join Film Committee to Aid Defense Approximately 2,500 theatres have joined the Theatres Division of the Motion Picture Committee Co- operating for National De- fense, headed by Joseph Bern- hard, general manager of Warner The- atres. The com- mittee is seek- ing a signed pledge of co- operation from every exhibitor in the country. Harry Brandt is chairman of the organiza- tion committee supervising the field work. The committee has prepared plaques to be hung in the box-office Joseph Bernhartl window of every theatre cooperat- ing. The plaque, in a color scheme of red, white and blue, and sur- mounted by the figure of an eagle, in- dicates that the theatre is a member of the Theatres Division in the co- operative defense effort. E. V. Richards is co-chairman of the division, which includes the fol- lowing : Executive Committee — Joseph Bernhard, E. V. Richards, A. H. Blank, Harry Brandt, Si Fabian, John H. Harris, Ed Kuykendall, C. C. Moskowitz, Sam E. Morris, John J. O'Connor, R. J. O'Donnell, Spy- ros Skouras, R. B. Wilby, Nathan Yamins. Coordinating Committee — R. B. Wilby, chairman ; A. H. Blank, C. C. Moskowitz, E. V. Richards, Spy- ros Skouras. Organisation Committee ■ — Harry Brandt, chairman ; John H. Harris, (Continued on page 4) New Booking, Blind Buying Bill in House Rep. Culkin's Measure Similar to Others Washington, Jan. 5. — A bill to prohibit block booking and blind buying was introduced in the House on Friday by Rep. Francis D. Culkin of Oswego, N. Y., who had a similar measure last session. This was one of more than 1,100 bills introduced on the first day of the new session. Rep. Culkin has been intro- ducing similar "catch-all" bills for the past several sessions, all providing for sweeping re- forms in production, distribu- tion and exhibition. They have received little support. There were no administration tax bills introduced, although it is ex- pected that the Treasury will seek an increase in present taxes, including the admission tax. Most of the measures introduced Friday were pending before Congress (Continued on page 4) 4Big 5' Dismissed In Nashville Case Nashville, Jan. 5. — The five major companies which are parties to the Government's consent decree in the New York anti-trust suit were dismissed on Friday as defendants in the Federal anti-trust suit pending here against Crescent Amusement. The dismissals, approved by Fed- eral Judge Elmer Davies, were made (Continued on page 4) Selznick Completes New Organization Hollywood, Jan. 5. — Organization of David O. Selznick Productions was completed here yesterday with the election of officers. The new com- pany replaces the recently dissolved Selznick International, Inc. Officers are : Selznick, president ; (Continued on page 4) 1940 Stocks Review A review of motion picture stock movements during 1940 and a tabulation showing the prices of film securities com- paratively over a five-year period are on Page 6. 2 Motion Picture Daily Monday, January 6. 1941 Jarratt En Route on Confidential Mission London, Jan. 5. — Arthur Jarratt, head of the Gau- mont British Circuit, and chief of the Royal Naval Film Corp., is en route to the United States by boat. His visit is confidential, and the purpose of his trip is un- known here. Barney Balaban Will Be Honored by Ampa Barney Balaban, Paramount presi- dent, will be guest speaker at the next Ampa open meeting, to be held on Thursday at 12 :4S P.M., at the Hotel Edison. On the dais at the meeting, in ad- dition to Balaban, will be: Adolph Zukor, Paramount board chairman ; Stanton Griffis, chairman of the ex- ecutive committee ; Austin C. Keough, vice-president and secretary ; and John W. Hicks, Jr., vice-president and foreign manager. Jean Hersholt and Osa Massen also will be Ampa guests at the luncheon meeting, ac- cording to Leon Bamberger, Ampa president. Metzel Rites Held Philadelphia, Jan. 5. — Funeral services were held today for George W. Metzel, 64, prominent in theatrical circles and former manager of the Erlanger, who died last Thursday. He was also local representative of the Actors Fund of America. His wife survives. Personal AL LICHTMAN, vice-president of Loew's, left by train Friday night for the Coast after home office conferences. Howard Dietz, M-G-M director of advertising and publicity, accompanied him. • Herman Robbixs, president of Na- tional Screen Service, returns today from a Miami Beach vacation. • Mr. and Mrs. Max A. Cohen leave for California about Jan. 15. They will visit in Dallas on the way. Edward Sauxders, M-G-M West- ern division manager, has left for a tour of his territory which will cul- minate in Los Angeles. He will be gone about three weeks. Charles K. Stekx, assistant treas- urer of Loew's, is due back from Honolulu at the end of the week. • Hal Horne, vice-president of Walt Disney Prod., returned from Chicago over the weekend. • Stanley Hand, Altec staff repre- sentative, is vacationing in Florida. M . P. Bookers to Install The newly elected officers of the Motion Picture Bookers Club will be installed tonight at a dinner at the Cafe Loyale. Members and guests will attend. Harold Klein is presi- dent of the organization. r ■ Mention CHARLES SKOURAS and Andy Krappiian of Fox West Coast Theatres return to the Coast this week. • John P. O'Leary, son of J. J. O'Leary, general manager of Comer- ford Theatres Corp., was married to Cecelia Frances May at St. Peter's Cathedral, Scranton, Pa., last week. Ben Washer spent the weekend in Boston looking at shows. • H. M. Richey, assistant to Wil- liam F. Rodgers, M-G-M general sales manager, leaves this week for the studio, with stopovers en route. • Thad C. Barrows, president of the Boston operators' union, Local 182, was a weekend visitor here. • Louis de Rochemont, producer of the March of Time, has returned from his farm near Portsmouth, N. H.. where he spent the holidays. • Mrs. Fred Quatrano. wife of the owner of the Lido, Waterbury, Conn., has returned home after an opera- tion at the Waterbury Hospital. Will Honor Pielow In Albany Jan. 13 Albany, Jan. 5. — A testimonial banquet for Ralph Pielow, newly ap- pointed M-G-M branch manager at New York, and former branch man- ager here, will be held at the DeWitt Clinton Hotel here Jan. 13. Local theatre and distribution executives are sponsors of the testimonial. Clayton Eastman, Paramount branch manager, is chairman of the dinner committee. Arthur Newman, Republic branch manager, is treas- urer. Members of the committee in- clude M. J. Kallett, William Smalley, Moe Silver, Charles Smakwitz, Lou Golding and local exchange managers. 'Fantasia' Opens at Aldine, Phila., Feb. 7 Philadelphia, Jan. 5. — "Fantasia" will open at the Aldine here Feb. 7 on a reserved seat policy. The price scale is not set as yet. The house will go dark after the current run of "The Thief of Bagdad" for renovations and to install the sound system for "Fan- tasia." It is a United Artists house operated by Warners and leased to Walt Disney for an unlimited engage- ment of the picture. W. B. Ad Sales Drive Set A special advertising accessories sales drive is under way at Warners in conjunction with the "20th Year for Sears" sales drive now in prog- ress. It will run 17 weeks, from Dec. 28 to April 19. PENTHOUSE AND ATTRACTIVE OFFICES AVAILABLE AT REASONABLE RENTAL 723 Seventh Ave. Inquire Supt. BRyant 9-6067 Committees Named In Paralysis Drive Sub-committees to handle the the- atre participation of the New York Exchange Committee in the national drive against infantile paralysis, held in conjunction with the President's Birthday, were appointed on Friday at a meeting at the Hotel Astor. A total of 1,180 theatres, circuit and independent, in the New York ex- change territory will participate in the one-week drive, starting Jan. 16. Harry Brandt is chairman of the committee ; C. C. Moskowitz, co-chair- man, and Si Fabian treasurer. Com- mittee chairmen in the various areas include : Manhattan — Martin Levine and Leo Brecher ; Bronx — Laurence Bolognino and Joseph Katsh ; Brooklyn — Sam Rinzler and David Weinstock ; Queens — Frank Moscato and Sam Straus- berg ; Long Island and Staten Island — Si Fabian ; Upstate — Max A. Cohen; New Jersey — J. J. Thompson and Harry Hecht. Boxes to be placed in the lobbies and other parts of the theatres will be supplied for the contributions of patrons. In addition a one-minute trailer, starring Spencer Tracy, for insertion in the newsreels, will be sup- plied, and 300,000 buttons have been struck off to be given to contributors. Hays to Coast for Producers' Meeting Will H. Hays, president of the M.P.P.D.A., will leave for the Coast at the end of this week to attend the annual meeting of the Association of Motion Picture Producers later this month. The adjourned meeting of the M.P.P.D.A. board tomorrow, at which Hays is expected to preside, will con- clude the final quarterly sessions be- gun Dec. 15. Elson Named Chief of Trans-Lux Houses Norman B. Elson, general sales manager of Film Alliance of the U.S., has been appointed general manager of Trans-Lux Theatres, Major L. E. Thompson, president of Trans-Lux Movies Corp., announced over the weekend. The position is a newly created one. Elson will retain his Film Alliance post. MOTION PICTURE DAILY {Registered U. S. Patent Office) Published daily except Saturday, Sunday and holidays by Quigley Publishing Company, Inc., 1270 Sixth Avenue, Rockefeller Center, New York City. Telephone Circle 7-3100. Cable address, "Quigpubco, New York." Mar- tin Quigley, Editor-in-Chief and Publisher; Colvin Brown, Vice-President and General Manager; Watterson R. Rothacker, Vice President; Sam Shain, Editor; Alfred L. Finestone, Managing Editor; James A. Cron, Advertising Manager; Chicago Bureau, 624 South Michigan Avenue, C. B. O'Neill, manager; Hollywood Bureau, Postal Union Life Building, William R. Weaver, Editor; London Bureau, 4 Golden Square, London Wl, Hope Williams, manager, cable address "Quigpubco, London." All contents copy- righted 1941 by Quigley Publishing Com- pany, Inc. Other Quigley publications: Motion Picture Herald, Better Theatres, International Motion Picture Almanac and Fame. Entered as second class matter, Sept. 23. 1938; at the post office at New York, N. Y., under the act of March 3, 1879. Subscription rates per year $6 in the Americas and $12 foreign. Single copies 10c. "DON'T BE SHY. JUNIOR!" Cesar Romero, as the Romeo of the rackets, solves crisis in lives of new-found wards. TALL, DARK and HANDSOME 2oth's natural ! . . . loaded with laughs ! thrills ! tunes ! Of This Great Country We have more automobiles . . . more telephones . . . more refrigerators . . . more bathtubs . . . more radios . . . more freedom . . . more of everything that makes for good living than any people on earth. we have more movie theatres . . . more movies and better movies . . . Advertising has done more than its share toward making this so . . . You're in the movie business . . . selling to the masses. We're in the advertising business helping you sell those same pictures to those same masses with Trailers— Lobby Displays- Standard Theatre Accessories— a complete coordinated pow- erful seat-selling service . . . Let's get together! nnriunm screeii service nmmnni screeii accessories 4 Motion Picture Daily Monday, January 6, 1941 2,500 Theatres Join Film Committee to Aid Defense Weshner to UA as Exploitation Chief New Booking, Blind Buying Bill in House (.Continued from page 1) last year. But in contrast with pre- vious sessions there was little legis- lation brought in relating to either films or radio, although it is probable that additional measures will be sub- mitted as the session gets under way. Amendment of the Communications Act to prohibit excessive duplication of programs in any area and prevent monopoly is proposed in a bill intro- duced by Rep. J. Hardin Peter of Florida. ' Rep. J. William Ditter of Pennsylvania introduced a bill to amend the Act "to preserve and pro- tect liberty of expression" in radio communication. Rep. Culkin also introduced a number of bills dealing with liquor, one of which would prohibit liquor advertising on the radio. Rep. James P. McGranery of Pennsylvania reintroduced his bill to establish a Bureau of Fine Arts in the Interior Department, which would set up a national theatre and other projects with Government subsidy. 4Big 5' Dismissed In Nashville Case (Continued from pane 1) upon stipulations of Government and defense's counsel. The same pro- cedure was followed in dismissing the 'Big 5' from the Oklahoma City anti-trust suit against Griffith Amuse- ment Co. last month. Judge Davies also approved an or- der directing that Paragraphs 50 to 53 inclusive in the Government's complaint be stricken from the bill. The parts removed related to al- leged methods of film distribution by the five companies, Loew's, Para- mount, RKO, 20th Century-Fox and Warners. The dismissals leave Columbia, United Artists and Universal as de- fendants with Crescent in the action here. A similar procedure is scheduled to be followed in eliminating the five consenting companies as defendants in the other remaining Government anti-trust suit, that against the Schine Circuit at Buffalo. 20th-Fox to Stress U.S. Themes: Zanuck (Continued from page 1) Zanuck said he believes the national defense program will aid theatre busi- ness materially. The company's production schedule and budget for 1941-'42 are being for- mulated at the studio now, he said. On his return there he will confer with Sidney R. Kent, president, on next season's program. The next pic- ture to be put in work will be "The Great Broadcast." Zanuck, who arrived in New York Saturday, plans to leave for the Coast tonight by plane. (Continued from page 1) Ed Kuykendall, John J. O'Connor, Nathan Yamins. Sub-Committee for Field Organi- sation— John Balaban, E. C. Beatty, Carl Buermele, William F. Crock- ett, Jay Emanuel, Si Fabian, Harold Fitzgerald, John Friedl, Julius Gor- don, L. C. Griffith, Jack Kirsch, Ed Kuykendall, Ike Libson, M. A. Lightman, Frank Newman, R. J. O'Donnell, Samuel Pinanski, Robert H. Poole, Elmer Rhoden, Rick Rick- etson, Samuel Rinzler, John Rugar, Meyer Schine, Fred Schwartz, Mort Singer, William Skirball, Charles Skouras, Roy Walker. Philadelphia Exhibitors Meet Jan. 28 on Defense Philadelphia, Jan. 5. — Local ex- hibitors will meet Jan. 28 at the Broadwood Hotel to formulate local plans of the Motion Picture Com- mittee Cooperating for National De- fense. The local committee, headed by- Jay Emanuel, includes Sidney E. Samuelson, Ted Schlanger, Lewen Pizor, John Nolan, William Wilson, William Goldman, David Barrist and Samuel Barbalow. Harry Brandt, R. B. Wilby, Nathan Yamins and E. V. Richards of the national executive committee will address the meeting. W. B. Reading Houses Reverting to Schad Reading, Pa., Jan. 5. — Harry J. Schad will take over the active opera- tion of the Astor, Strand and Santoy here on May 1, at which time the 10-year leases now held by Warner Theatres will expire. Negotiations for a renewal of the leases have failed. Schad, a member of the firm of Carr and Schad. builders and opera- tors of houses in Reading in the early days of the screen industry, owns the three houses. When Carr died Schad continued the exhibition part of the firm's operation and 10 years ago houses in the Carr and Schad group were leased to the Warners. Improve- ments costing $75,000 will be made at the Astor and Strand, said Schad. The Santoy is dark. Janitors Picketing 3 Detroit Theatres Detroit, Jan. 5. — Pickets who started their march in front of three downtown theatres controlled by United Detroit Theatres on New Year's eve are continuing their pa- rade. The Building Service Em- ployes' union claims the management refused to recognize it pending arbi- tration of a contract. The union seeks a contract for 85 janitors and main- tenance men employed by the circuit, which says it does not believe a ma- jority are members of the union. Schenck Trial Feb. 10 U. S. Attorney John T. Cahill on Friday announced that trial of the Government suit against Joseph M. Schenck, chairman of the board of 20th Centurv-Fox Film Corp., will start Feb. 10". 300 at Presentation Of Critics' Awards (Continued from page 1) over WJZ and the Blue network of NBC from 6:05 to 6:30 P. M. Darryl F. Zanuck, vice-president in charge of production for 20th Cen- tury-Fox, came from the Coast and received the best picture of the year award for "The Grapes of Wrath." A broadcast from the Coast then featured the acceptance of an award for "Fantasia" by Walt Disney, and that of John Ford for the best di- rection. 'Grapes' Stars Heard NunnaHy Johnson, associate produ- cer and scenarist on "The Grapes of Wrath," then introduced from the Coast Henry Fonda and Jane Dar- vvell, two of the film's stars, who presented a scene from the film. Katharine Hepburn, on tour with the play, "Philadelphia Story," offered a scene from the film adaptation of the play, for her performance in which she received the best actress award. She broadcast from Dallas. Robert Hak im, one of the Hakim Brothers, who distributed "The Bak- er's Wife" in France, received the best foreign film award on behalf of Marcel Pagnol, who produced the film in France. Chaplin Stays Away The failure of Charles Chaplin, whose performance in "The Great Dictator" was voted the best of the year by a male actor, to appear at the awards gathering left the critics ob- viously riled. A story in the Nezv York Times which appeared prior to the affair said that Chaplin had not acknowledged either the award or the invitation to attend the presentation and intimated that he was disturbed by some of the criticisms of "The Great Dictator" published in local papers. Two RKO Foreign Managers Shifted Dan Greenhouse, who has been here on a furlough for several weeks, left by plane late last week to take over the territory of Chile for RKO now managed by George Kallman. Green- house will maintain headquarters in Santiago. Kallman, following Greenhouse's arrival, will leave for the home office, and go from here to Manila via the Pacific Coast, to become manager in the Philippine Islands, the post form- erly held by Greenhouse. The trans- fer was made by Phil Reisman, chief of RKO's foreign department. Grainger to Dallas For Sales Meeting Hollywood, Jan. 5. — James R. Grainger, president of Republic Pic- tures, left today for Dallas where he will preside at the first of a series of special sales meetings at which plans will be discussed for the merchandis- ing of "Sis Hopkins," Judy Canova picture. Grainger has been on the coast since before the holidays. (Continued from page 1) ed to succeed Weshner. Gable has been with Warner Theatres in that city 10 years in a managerial capacity. Weshner's appointment is one of many which have been made or are still under contemplation since the ap- pointment of Arthur W. Kelly as gen- eral sales manager of United Artists, and appointment of Monroe Greenthal as advertising and publicity director, succeeding Lynn Farnol, who is es- tablishing his own business. Weshner's new post is one which has been handled by Greenthal, and he will work under Greenthal's direc- tion. Other Changes Contemplated Since Kelly became head of sales, there have been several changes in distribution, notably the promotion of Haskell Masters, from Canadian dis- trict manager to that of Western division manager, succeeding Jack L. Schlaifer, who is now a special rep- resentative. Other changes are contemplated, one of which will be the appointment of a Hollywood contact for the home office department of advertising and publicity. Weshner served Warner Bros, for thirteen years, going from the adver- tising and publicity field into active theatre operation in 1933. Harry Tarente, manager of the Al- dine, has been named manager of the Boyd in Philadelphia to succeed Gable. Connecticut Allied to Discuss Ascap Fight New Haven, Jan. 5— Allied Thea- tre Owners of Connecticut will meet Tuesday at the Hofbrau Haus Res- taurant, with A. M. Schuman pre- siding. Lawrence C. Caplan, executive secretary, reports that discussion will be held on the recent Ascap develop- ments and their effects on independ- ent exhibitors, as well as on impend- ing legislation in the coming session of the state legislature. A report of the current membership campaign also will be made. Selznick Completes New Organization (Continued from page 1) Daniel T. O'Shea, vice-president; E. L. Scanlon, treasurer ; Loyd Wright, secretary ; Charles E. Millikan and Katharine Brown, assistant secre- taries. The directors include Selznick, O'Shea, Scanlon, Wright and Walter S. Orr. The new Selznick company took over Selznick International's releasing deal with United Artists which calls for two more pictures and all personal contracts from the old company, in which Selznick and John Hay Whit- ney were partners. Under contract to the new company are Vivien Leigh, Ingrid Bergman, Alfred Hitchcock. Joan Fontaine and Alan Marshall. Col. Buys Two Stories Columbia has acquired two story properties for early production, "Trinidad," an original by Cy Bart- lett, and "Obituary" by Jerry Sack- heim. Monday, January 6, 1941 Motion Picture Daily 5 Short Subject Reviews "Western Daze" ( Pal-Par am ount) AN altogether refreshing and novel type of short subject, which is neither cartoon nor live talent, has been produced by George Pal with puppets. Photographed in Techni- color, the reel has all the appeal of lively animation. Pal calls his films j "Puppetoons." v Plastic puppets, which can be made to assume amazing forms, are used on miniature sets which create the effect of third dimension. No strings - are used on the puppets, however, and they move with all the ease and grace of cartoon characters. Jim Dandy, the tenderfoot; Prunella, the beauti- ful milkmaid, and Grabit and Hide, the bad men, have been created with considerable imagination and seem sure to have both adult and child ap- peal. The story is that of two horse thieves who attempt to plant a theft on the tenderfoot. The series, which will consist of six releases, will be called "Madcap Models." Andre Kos- telanetz and his orchestra supplied the music, which was written by David Raskin. Running time, 9 mins. "United States Military Academy" (Columbia) The daily activities of the cadets at West Point form the subject mat- ter in this number. While the vari- ous phases of study and training are outlined graphically the running com- mentary extols the institution, its founder, its graduates and the under- graduates. The short is really a doc- umentary presenting the academy as a vital part of the nation's defense. Running time, 10 mins. "Boobs in Arms" (Columbia) Here again is the trio of "Stooges," whose slapstick antics are amusing to many. They enlist in the army; become involved with a tough ser- geant who had previously caught them with his wife; get a dose of laughing gas, and so on. There are some moments of outstanding comedy, and on the whole it is entertaining comedy. Running time, 18 mins. "Old New Orleans" ( FitzPatrick—M- G-M ) Picturesque New Orleans is por- trayed in full color in this FitzPatrick "Traveltalk." After some general views of the city, the camera takes in some of the oustanding eating places in this Old World municipality. Un- usual foods and unusual manners of serving them are described. Running time, 9 mins. Hays Office, Hotel Give Refugee Party A reception and entertainment for 200 refugee British children in New York, which was sponsored by the M.P.P.D.A. and the Waldorf-Astoria, was given at the hotel on Saturday. A screening of "Pinocchio" followed a reception under the patronage of the British Consul General. Feature Reviews The Saint in Palm Springs" (RKO) Hollywood, Jan. 5. A/f AINTAINING the high quality of its predecessors in the series, 1V1 "The Saint in Palm Springs" pits the Leslie Charteris character against a gang working for an unnamed foreign country attempting to steal $200,000 in stamps which he is taking to the heir of a slain refugee. Supporting George Sanders, who again plays the title role, are Wendy Barrie, Paul Guilfoyle, Jonathan Hale, Linda Hayes, Ferris Taylor, Harry Shannon and Eddie Dunn. Jerry Cady wrote the screenplay, with Jack Hively directing. Howard Benedict was the associate producer for Lee Marcus. Moving- with speed, the tale has "The Saint" robbed of the stamps and in his endeavors to get them back and find the criminals, two persons are killed. The capture is finally made in the usual fictional detective climax. Running time, 66 minutes. "G." * Vance King. "Wyoming Wildcat" (Republic) HpHIS is an outdoor yarn far more potent than the usual Western and its effectiveness is sustained by the capable cast. The story was written by Bennett Cohen and prepared for the screen by Cohen and Anthony Coldeway. It tells of the young cowboy, Don "Red" Barry, who returns from the Spanish-American War with a friend, Syd Saylor, and finds his father, Frank M. Thomas, an outlaw. Because of his father's reputation, Barry is persona lion grata with the townsfolk but the situation is straightened out when Thomas proves himself a hero in a gun battle with his former confederates. Julie Duncan has the feminine lead and the supporting players in- clude Dick Bottelier, Edmund Cobb, Ed Brady and George Sher- wood. George Sherman is associate producer and director. Running time, 61 minutes. "G." * "Break the News" (Trio Films) RENE CLAIR produced and directed in England this musical farce with a cast that includes Maurice Chevalier, Jack Buchanan and June Knight. One musical number was written by Cole Porter. The Geoffrey Kerr screenplay has a unique comedy plot concerning two second-rate actors in a musical show. One pretends to murder the other for the sake of publicity. It is the star of the show, how- ever, who is given prominence in the press reports. In an amusing climax, the pseudo murderer is about to be executed, since his partner, who had been in hiding, fails to appear when he is mistaken for a revolutionist in a foreign country and imprisoned. Chevalier, as the "murderer," offers a likeable characterization and provokes many laughs as the story develops. The film rates as amus- ing comedy only when he is dominating the scenes. At other times it lacks sparkle. Running time, 72 minutes. "G." * * "G" denotes general classification. "Hotel du Nord" (Juno Films) A HEAVY dramatic theme, effectively developed by an expert cast and an able director, this French film, produced by Luca, is strictly adult material, but is well done. Produced at the Billancourt Studios, it offers for American audiences Annabella in the leading feminine role, and she is extremely effective as a young girl about to die in a suicide pact, who still loves the young man although he failed to keep their agreement. Based on a novel by Eugene Dabit, with a screenplay by Jean Aurenche, the film was directed by Marcel Carne. With a touch of the "Grand Hotel" technique, the film is set in a small hotel on the banks of a Parisian canal, and particularly involves Annabella and Louis Jouvet, hiding from pursuing underworld characters. They are two lonely souls, cast up on the banks of the canal, and finding in each other complete understanding of the other's plight. Eventually, when Annabella cannot go away with him because of her love for the boy, for whom she is waiting when he comes from prison, Jouvet goes to meet his pursuers, and dies. Running time, 83 minutes. "A." * Charles S. Aaronson * "A" denotes adult classification. 'Eight O'Clock' Opens At Miller Tonight "Eight O'Clock Tuesday," a play by Robert Wallsten and and Mianon G. Eberhart, will be presented at the Henry Miller Theatre tonight by Luther Greene and James Struthers. Pauline Lord heads the cast, which in- cludes McKay Morris, Bram- well Fletcher and Cecil Humphrej's. Joint Body to Hear English Disputes London, Jan. 5. — Despite complete silence by officials concerning the joint talks late last week between repre- sentatives of the Cinematograph Ex- hibitors Association and Kinemato- graph Renters Society (distributors) it is believed certain that a joint committee will be named to handle disputes. The committee would sit constant- ly, with equal representation by both organizations. Exhibitors seeking relief or special consideration would present their cases to the committee for decision. The move is seen as eliminating the questionnaire form planned by distributors for exhibi- tors seeking relief because of war conditions, and to which the exhibi- tors objected vigorously. The com- mittee action also is seen as ending the present situation of bitter oppo- sition between distributors and ex- hibitors. 'Liberty' Release Jan. 24 "Land of Liberty," patriotic film made with the cooperation of the in- dustry, will be nationally released by M-G-M on Jan. 24. Profits will be given to soldiers' and sailors' wel- fare organizations. EXHIBITORS ATTENTION! To SERVE you better, we have moved our head- quarters into the heart of the FILM INDUSTRY. EMPIRE STATE MOTION PICTURE OPERATORS 276 W. 43rd St., New York City LOngacre 3-1342-3-4 A. I. KINDLER Pres. Motion Picture Daily Monday, January 6, 1941 Half Picture Stocks Showed 1940 Gains More than half of the 20 motion picture stocks listed on the New York Stock Exchange showed net gains during 1940 over the final prices of 1939 despite the loss of foreign mar- kets and their revenue due to the war. The motion picture list as a whole, however, was at a lower level at the end of 1940 than at the end of the preceding year, the 20 issues listed on the Stock Exchange showing a collective decline of $88,504,625 from the $628,356,625 total market value of the 20 issues at the end of 1939. Mar- ket value of the 20 film issues on Dec. 28, 1940, was $539,852,000. Motion picture bonds were uni- formly higher at the end of 1940 than the year before, and curb exchange issues were irregular, reflecting the general tendency of all film securi- ties to rise at the end* of the year from the lows established earlier. In contrast to the general market, which was in the doldrums at the close of the year despite the high level of industrial activity due to the defense program, the film stocks were the features of the market in the clos- ing 1940 sessions, virtually all of them recording sizeable gains. This development was due in large measure to the favorable earnings re- ports of the leading film companies, which testified to the industry's success in achieving operating economies suffi- cient to offset to a large degree the loss of the industry's foreign revenue. A secondary factor in the rise was the market's recognition that the increased employment and higher payrolls re- sulting from the national defense pro- gram would soon be reflected in theatre attendance and the future earnings of the companies. Paramount and Universal issues, stimulated by preferred stock retire- ment plans coming on the heels of excellent earnings reports, led the late 1940 rally of film shares. Loew's maintained its customary strength throughout the year's trading, and RKO showed an appreciable gain dur- ing the year, increasing the market value of the issue from $1,987,500 at Dec. 23, 1939, to $5,763,750 on Dec. 28, 1940. Among the issues which recovered losses through a higher trend at the end of the year were Warners, 20th Century-Fox, Columbia and Eastman Kodak. Motion Picture Stocks in 1940 High and Low in Stock and Bond Trading for 5 Year Period (Closing Prices Are as of December 28, 1940) New York Stock Exchange Stock and Dividend Columbia Pictures common (D) Columbia Pictures pfd. (2%) Consolidated Film Consolidated Film pfd. (1A) Eastman Kodak (6) Eastman Kodak pfd. (6) General Theatre Equip. (.85B) Keith -Albee-Orpheum pfd. (8MB) Loew, Inc. (2C) Loew's, Inc. pfd. (654) - Paramount (.45B) Paramount 1st pfd. (6) Paramount 2nd pfd. (.60) Pathe Film Corp. (.30B) {. Radio-Keith-Orpheum 20th Century-Fox 20th Century-Fox pfd. (154) •• Universal Pictures pfd Warner Brothers Warner Brothers pfd *From close of Dec. 23, 1939; A— Accumulated; B- Stock and Dividend Monogram Pictures Sentry Safety Control . . . Technicolor (75B) Trans-Lux DPS (JOB) .. Universal Pictures ( 1940 1939 1938 1937 1936 Sales High Low Last Net Change* High Low High Low High Low High Low 663,000 354 5J4 - 254(B) 14 7% 16 13% 39 29 45 34 231,000 26 1454 22 + 6% 30}4 1554 355* 2754 46/8 2554 5154 3954 287,000 15* 54 54 - 54 25* % 24* 1 554 1 75* 45* 661,000 W'A 5% 8 • - % 125* 734 12% 454 1854 4% 205* 15% 1,748,000 16644 117 136 —30 186-4 1385* 187 12154 198 144 185 156 1,906 180 155 180 + 5 18354 15554 173 157 164 150 166 152 835,000 13% m 125* + % 1554 85* 1654 854 3354 954 not listed 1,380 109 95 104 + 8 100% 85 91 63 110 80 110 80 3,537,000 37% 2054 315* - S7A 5154 3054 6254 33 88% 43% 6554 43 106,000 10954 97 108 + 254 10954 101% 11154 99 110 9954 i08:4 104 !/2 11,805,000 WVs 4% 10/2 + 2% 14% 65* 13% 544 2854 854 23% 75* 270,000 99 64 9654 +ny2 10754 72 10154 65 200J4 8054 170 59 1,490,000 115* 6% 10% + 2 135/8 75* 135i 65* 2654 8 21% 853 3,832,000 125* 5% 9!4 - % 135* 544 14?4 354 1054 4 11% 65* 1,660,000 3% 25* 3% + 2% 2% 1% 5% 154 105* 254 mi 5 2,542,000 m 5 554 - 654 26% 115* 284* 165* 40% 1854 38% 2254 315,000 25% 14 175/8 - VA 3454 im 38 255* 50 25 4754 315* 111,770 125 59 111 +41 78 45% 83 2754 108 29 115 50 4,939,000 4% 2 3 - 44 6% 354 8 354 18 454 185* 9% 6,280 5654 30 54 + 6% 58 36 45 20 69% 36 69 44 — So far th s year; C— Extra dividend ; D — Formerly isted on curb; E- -Net chan ge from Dec. 23, 1939, close on Curb. New York Curb Exchange Sales 244,000 94,400 186,600 56,000 12,500 High 1 15* 16% 15* 1554 - 1940 - 1939 1938 1937 1936 Low Last Net Change* High Low High Low High Low High Low % % — % 354 1 35* 1% 2% 1 not listed ■fV + rV 9/16 % % 3/16 1% % 1% 54 854 34 9 - 354 22% 9% 2654 14% 34 14 3254 1754 54 — % 2% 1 35* 154 5% 1% 554 3% 4 14 + 5 . 954 6 10 3 19 35* 1654 4% Bonds on Stock Exchange Bond and Maturity Keith 6s '46 Loew's 354s '46 Paramount-Broadway 3s '55. Paramount cv. 3%s '47 Warner Brothers 6s '39 Sales $2,036,000 1,526,000 408,000 1,132,000 3.228,000 High 10354 105 5254 97 - 1940 Low 100 IOO54 40 76 78 Last Net Change* 10254 104% 5254 94 95 + 54 + 2% + 654 +10 +11% 1939 1938 1937 1936 High Low High Low High Low High Low 102 9354 95 80 100 8254 100 92 10354 92 102% 9454 5654 101% 9554 102 96 5754 45% 63 75% 59 73 55 9154 77 87% 57 9654 71 not listed 92 7954 9154 63% 100% 70 100% 86 *From close of Dec. 23, 1939; B— So far this year. Comparison of Valuation of Stock Issues — 1939-40 Approx. Number Shares Listed 360,000 76,000 525,000 400,000 Stock Columbia Pictures vtc Columbia Pictures pfd Consolidated Film Consolidated Film pfd Eastman Kodak 2,485,000 Eastman Kodak pfd 62,000 General Theatre Equip 600,000 Keith-Albee-Orph. pfd 64,000 Loew's, Inc 1,670,000 Loew's, Inc., pfd 137,000 Paramount 2,470,000 Paramount 1st pfd 145,000 Paramount 2nd pfd 554,000 Pathe Film Corp 585,000 Radio-Keith-Orpheum 1.590,000 20th Century-Fox 1,740,000 20th Century-Fox pfd 946,000 Universal Pictures pfd 18,000 Warner Brothers 3,800,000 Warner Brothers, pfd 103,000 Close Close 1939(A) Valuation 1940(B) Valuation , Net Change ^ 65* $2,385,000 554(C) $1,980,000 - 254 (D) — $405,000 1554 1,273,000 22 1,672,000 4 6% + 399,000 7 525,000 54 262,500 - 54 — 262,500 8% 3,450,000 8 3,200,000 - % — 250,000 166 412,510,000 136 337,930,000 —30 — 74,550,000 175 10,850,000 180 11,160.000 + 5 -f 310,000 1154 7,050,000 125* 7,275,000 + 5* -f- 225,000 96 6,144,000 104 6,656,000 + 8 + 512,000 37 61,790,000 315* 51.978,750 - S7A — 9,811,250 105% 14,419,250 108 14,796,000 + 244 + 376,750 75/6 18,833,750 1054 25,935,000 + 2% + 7,101,250 85 12,325,000 9654 13,992,500 +1154 + 1,667,500 8% 4,916,750 10% 6,024,750 + 2 + 1,108,000 105* 5,923,125 954 5,557,500 - % — 365,625 1% 1,987,500 3% 5,763,750 + 2% + 3,776,250 12% 21,315,000 554 10.005.000 — 654 — 11,310.000 2354 22,231,000 17% 16,673,250 - 5% — 5,557,750 70 1,260,000 111 1,998,000 +41 + 738.000 354 14,250,000 3 11,400,000 - 44 — 2,850.000 4754 4,918,250 54 5,562,000 + 6% + 643,750 $628,356,625 $539,852,000 -$88,504,625 A — As of Dec. 23; B— As of Dec. 28; C— Close on new common stock (D) Net change from close of common on curb. FAME FAME FAME The Audit of Personalities The Audit of Personalities The Audit of Personalities FAME FAME FAME The Audit of Personalities The Audit of Personalities The Audit of Personalities FAME Qn FAME The Audit of Personalities The Audit of Personalities FAME The FAME The Audit of Personalities The Audit of Personalities FAME Press! FAME The Audit of Personalities The Audit of Personalities Edited by FAME TERRY RAMSAVE FAME The Audit of Personalities The Audit of Personalities The Audit of Personalities FAME FAME FAME The Audit of Personalities The Audit of Personalities The Audit of Personalities FAME FAME FAME The Audit of Personalities The Audit of Personalities The Audit of Personalities A QUIGLEY PUBLICATION 8 Motion Picture Daily Monday, January 6, 1941 Off the Antenna NEW studios for General Electric's Schenectady television station are expected to be ready by mid-summer, it was learned yesterday. The new studios will be in the Edison Club Hall, which is part of a building owned by G. E. At present the station is re-telecasting programs originating from NBC's New York City station, but programs for the up state audience will be sent out when the studios are ready. C. D. Wagoner, G.E. publicity director, who was in New York yesterday, reported that a second FM station will be opened on Helderberg Mountain within the next six weeks by Capitol Broadcasting Co., and there is a pos- sibility of a third before long. G.E. has both its FM and television trans- mitters in the Helderbergs. • • • Purely Personal: The engagement of Hannah Lasarow to Will Bali'in, program director for the DuMont television station W2XWV, has been announced. . . . Bernard J. Prockter has resigned as CBS Sales service manager to accept a position as account executive with the Biow Co. . . . Edwin C. Hill, CBS commentator, will leave Saturday for a four-week stay in Miami and will continue his nightly broadcasts from there. . . . Harold Kaye has been named program manager for WITH, a Baltimore station scheduled to open in the middle of this month. . . . Robert Baker, assistant to John Hciney, WJSV, W ashington, sales promotion director, will bo married Saturday to Helen Reindollar. • • • Experiments are being conducted for the use of film rather than records for transcriptions on frequency modulation stations. Elimination of the needle noise is regarded as a marked advantage. In addition, it has been found possible to put a two-hour program on 200 feet. This is in marked contrast to the bulky records needed for a 15-minute show, should cut down on storage charges and make speedy delivery feasible by air mail. • • • Mutual's first meeting of program directors of affiliated stations will get under way tomorrow at the Hotel Ambassador. The meeting will last all day Tuesday and Wednesday and may go over to Thursday. Adolph Opfinger, Mutual's program director, will preside over the sessions with Fred Weber, general manager, opening the meeting. Those expected to attend include Clifton Daniel, WCAE, Pittsburgh ; John Gordon, CKLW, Windsor- Detroit ; Van C. Newkirk, Don Lee network ; Herbert Rice, WGR, Buffalo ; Russell Richmond, WHK, Cleveland ; F. Schreiber. WGN, Chicago ; Julius F. Seebach, WOR ; Brad Simpson, WKRC, Cincinnati ; George Steffy, Colonial network, and Madeline Ensign, WOL, Washington. • • • Program News: Another full hour show which will be reduced to 30 minutes is John Anthony's "Goodwill Hour" which will be cut on Jan. 19. Jronized Yeast is the sponsor, over NBC-Red. . . . Tho "Quiz Kids,'' who arrived in town to do a short, entertained children of radio editors at a party at the Beaux Arts Hotel Saturday. . . . "Bishop and the Gargoyle," written by Frank Wilson and currently heard over NBC-Blue on Tuesdays will shift to Saturdays at 8 :30 P.M. this zveek. . . . Lyn Murray, who com- poses the original music for "Campbell Playhouse" over CBS, will receive air credit over the air for his work in the future. • • • KVOR, CBS affiliate in Colorado Springs, Col., has changed its status to that of a bonus outlet for sponsors using KLZ, Denver. Gov't Music Trial Delayed Until Spring (Continued from page 1) throughout the country to appear be- fore the jury, send them home, and then bring them back for trial or pay their expenses while they are awaiting trial. Seven Wisconsin stations have signed with Ascap for 1941, according to Robert A. Hess, Ascap counsel here. They are: WHAM, Marinette; WDSM, Superior; WSAU, Wausau ; WIBU, Poynette; WOMT, Manito- woc; KFIZ, Fond du Lac; WHBL, Sheboygan, and WEMP, Milwaukee. Duchin and Kaye Off CBS Sustaining Eddy Duchin and Sammy Kaye, top- flight orchestra leaders, have retired from sustaining programs on CBS, effective last Saturday, as a protest against the network's insistence that they share financial responsibility with the network for possible accidental copyright infringement of Ascap music. Kaye left over the weekend for a tour of one-night stands and will open Friday at the Strand on Broadway with a program of all- Ascap music, he said. Ascap's Own Show Ascap is going on the air with its own weekly show to be known as 'Ascap on Parade,'' presenting hit songs not available to non-Ascap sta- tions, Gene Buck, president, an- nounced over the weekend. No date was set for the start. The program will go over the sta- tions which have renewed Ascap agreements, Buck said. Billy Rose will produce the shows, Oscar Ham- merstein will write them and Deems Taylor will be commentator. In addition to current hit songs, which Ascap plans to select in a na- tionwide survey, the show will fea- ture each week well known personali- ties "from the songwriting and inter- pretive fields," Buck announced. The first guest star will be Irving Berlin. BMI Sheet Sales Up Meanwhile, BMI stated that sheet sales of its music increased to 50,- 000 during the past week, as com- pared with 39,000 the week before. Officials declared that the rise in sheet music sales was encouraging because it is felt that the popularity of music is best determined by actual sales. A total of 683 stations are now members of BMI, it was said. At Ascap headquarters it was stated that 213 stations had signed new five-year contracts. Ascap Signs Three on Coast Los Angeles, Jan. 5. — Stations KRKD, KIEV and KFVD have re- newed their Ascap contracts, it was announced by Ascap over the week- end. KFWB, the Warner station, is the only other local outlet with an Ascap franchise. Revise Williams Play "Battle of Angels," new play by Tennessee Williams, starring Miriam Hopkins, will close Saturday in Bos- ton for revision, delaying its Wash- ington and New York openings. Dismiss WOR Suit N. Y. Supreme Court Justice Ed- ward R. Koch Friday dismissed the $100,000 libel suit of Suzanne Ste- venson against Bamberger Broad- casting Service (WOR), Arthur Hale, and Trans-Radio Press. De- fendants were charged with depict- ing the plaintiff as a World War spy in "Confidentially Yours," broadcast over WOR. Chaplin on Inaugural Washington, Jan. 5. — Charlie Chaplin will be on the program of the third inaugural concert in honor of President Roosevelt here Jan. 19. He will give the final speech from "The Great Dictator." The National Symphony Orchestra and others will be on the program which will be given a day before the President's in- auguration. $50,663,000 Record NBC Gross in 1940 With gross billings on both NBC networks in December amounting to $4,909,873, the NBC total for the year 1940 reached $50,663,000 for a record. The Red web grossed $3,- 786,901 for December, a rise of 11.4 per cent over the same month in the previous year, for a 12-month total of $39,955,- 322, up 9.2 per cent over 1939. The Blue network had billings of $1,122,972 during December, an in- crease of 27.7 per cent, with $10,- 707,678 for the year, a rise of 23.9 per cent. The cumulative total of $50,663,000 for both networks for 1940 represent- ed an increase of 14.7 per cent over the gross billings of $45,244,354 dur- ing 1939. Scripts Questioned By F. T. C. Decline Washington, Jan. 5. — Through the cooperation of the networks, commer- cial radio stations and transcription producers, commercial continuities questioned by the Radio and Periodi- cal Division of the Federal Trade Commission during the fiscal year 1940 dropped more than one-fourth from the preceding year, it has been reported. Out of 684,911 commercial broad- cast continuities, the commission's an- nual report disclosed, only 22,556 were marked for further study as contain- ing representations that might be false or misleading. In 1939, 29.143 conti- nuities were marked out of 643,796 surveyed. The nearly 685,000 continuities read comprised 1 ,518,237 pages of type- written script, 436,700 pages from net- works and 961,861 pages from indi- vidual stations, it was explained. The networks submit all advertising an- nouncements weekly, electrical trans- cription producers submit the commer- cial portions of their recordings monthly, and the individual stations are called upon for their scripts on an average of four times a year. Hearing Today on Suit Against WPEN Philadelphia, Jan. 5. — Arguments will be heard tomorrow in the Federal district court on the suit filed b3' the National Association of Performing Artists against WPEN to restrain the use of phonograph records by the station. Herbert A. Speiser, N.A. P. A. attorney, seeks to have the suit returned by the Federal Court to the jurisdiction of the local Common Pleas Court where it was filed orig- inally. The question of joining spon- sors of the recorded shows as de- fendants has also been raised by Philip Werner, WPEN attorney. But the Holdup Men Escaped St. Louis, Jan. 5. LES KAUFMAN, publicity director of Fanchon & Marco, was telephoning a feature story on the Fox Theatre Christmas night to Al Weisman, St. Louis Globe-Democrat reporter and Motion Picture Daily representative, who was covering police head- quarters, when the police radio blared : "Attention all cars ; holdup at the Fox Theatre." Kaufman, who was seated in his second-floor office at the time, was unaware of the robbery until Weis- man interrupted him to tell him of it. He immediately ran down to the lower floor, obtained the details and phoned them back to Weis- man, who had the facts about the same time the police reached the house. Alert, to the Picture Industry Jtion MOTION PICTURE DAILY VOL. 49. NO. 4 NEW YORK, U.S.A., TUESDAY, JANUARY 7, 1941 TEN CENTS British Ratify New Currency Pact With U.S. Covers Eight Majors, Is Effective at Once London, Jan. 6. — The British Board of Trade formally ratified the new monetary agreement with the eight major American motion picture companies on Saturday, making the agreement effective immediately. Its provisions for transmission to the United States of a maximum of $12,900,000 during the 12-month pe- riod ending next Oct. 31, make Z7l/2 per cent of that amount transmittable at once, since 75 per cent of the total {Continued on page 5) 'IP Exercises Right To Buy Preferred Universal yesterday exercised its right to purchase an undisclosed num- ber of shares of its first preferred stock tendered by holders during the past 10 days. The number of shares acquired and the average price paid by the com- pany from the special $1,000,000 ap- propriation for the purchase was not made public, due to the fact that the retirement program for the first pre- ferred issue still is "incomplete" and (Continued on page 5) Wobber Sets Decree Talks for Sales Staff Hollywood, Jan. 6. — Herman Wob- ber, 20th Century-Fox general sales manager, will call a meeting of the company's sales force to discuss op- erations under the consent decree shortly after his return to New York from the studio. Wobber will be here until the end of the month to participate in the executive conferences beginning Jan. 15 on both production and distribu- tion functions under the decree. Par- ticipating in the discussions will be Sidney R. Kent, president, who is now vacationing at Palm Springs ; Joseph M. Schenck, chairman of the board ; Darryl F. Zanuck, vice-president and production head, Wobber and ranking studio executives. Plans will be laid for closer work- ing arrangements between production and distribution in line with decree requirements. The company's sales forces will be enlarged for decree op- erations but the extent of the addi- tions has not been determined yet. Robinson and Lux Get Radio Scrolls Hollywood, Jan. 6. — Edward G. Robinson, who was voted most effective film player on the air in Motion Picture Daily's poll of radio editors, will receive a scroll testifying to his leadership during the "Big Town" program over CBS Wednesday evening at 8. A representative of Motion Picture Daily will make the presentation at the KNX stu- dios here. This evening a similar award was made to "Lux Radio Theatre" over the same network. 'Philadelphia' Sets Fast Pace on B 'way Grossing an estimated $72,000 Thursday through Sunday of the sec- ond week "Philadelphia Story" with a stage show at the Music Hall is still Broadway's outstanding attraction. The film is expected to draw about $105,000 for the week and will be held. "Love Thy Neighbor" with Tommy Dorsey and his orchestra in person at the Paramount is also strong, garner- ing about $20,000 over Saturday and Sunday. It is expected to finish its third week with about $55,000. It holds over for a fourth. "Comrade X" is expected to gross about $42,000 in its third week at the Capitol. At the Strand, "Santa Fe Trail" with Abe Lyman's orchestra on the stage grossed an estimated $18,000 Friday, Saturday and Sunday of its (Continued on page 5) OKLAHOMA ACTION TO BE TRIED FIRST Television Is Seen Facing 'Showdown' After FCC Meeting With television virtually stalemated during the past year, chiefly because the FCC refused to approve standards, the medium is approaching a show- down on its future course. A major development is expected after the Jan. 27 meeting of the FCC and the National Television Systems Committee. It is anticipated that eith- er the FCC will accept the NTSC recommendations, thus giving televi- sion its long-delayed "green light," or the commission again will defer the fixing of standards and permission for commercial operation, but will insist on program service or a surrender of licenses. A number of the NTSC panel re- ports are ready, and it is believed cer- tain that a large body of the industry will be in agreement on standards. However, early hopes for a unanimous agreement on standards have been abandoned. Last February the FCC rejected the almost unanimous opin- ion of the Radio Manufacturers As- sociation. Two factors have made the indus- try attitude of watchful waiting pos- (Continued on page 8) More Listeners on Radio Since Ascap-Music Fight With Ascap music off the air, the number of radio listeners increased by 4.9 percent on the nights of Jan. 2, 3 and 4, it is revealed by one of the leading radio research organizations, C. E. Hooper, Inc. Meanwhile, there was quiet on the Department of Justice front. The previously reported move to bring its criminal actions against Ascap, BMI, and the networks failed to materilize yesterday. In Washington, when in- quiry was made, officials of the De- partment of Justice refused comment. A report that the criminal action would be filed only against Ascap and BMI, and not NBC and CBS, was discredited by the same officials. Some trade officials, however, are of the opinion that some such amended ac- tion by the Department of Justice would not prove a great surprise. As for the Federal Communications Commission's position in the fight, it was indicated in Washington that the FCC has declined to take any action. None of the parties to the dispute, it was stated, had approached the FCC to take any action. It was pointed out further that the Department of Justice is moving in the matter and "there is reason to believe that these proceedings may re- move any unreasonable restraint which now exists within the musical copyright field and the radio broad- cast industry." Under the circumstances, the FCC communication said, it was felt it (Continued on page 8) Gov't. N. Y. Trust Suit Against 'Little 3' Will Follow The Government plans to try its Oklahoma City anti-trust suit against Universal, Columbia, United Artists and the Griffith Amusement Co. ahead of the New York anti-trust suit against the Little Three, it was learn- ed yesterday. The tentative order of trial of the pending Government anti-trust suits has the New York action in second place, the Nashville suit against the Lit- tle Three and Crescent Amuse- ment Co., third, and the Buffalo action involving the Schine Circuit and the three com- panies, last. The Government's current trial plan was divulged to the Little Three in accordance with instructions from Federal Judge Henry W. Goddard in U. S. District court here last mpnth. Judge Goddard directed the Depart- (Continued on page 5) Monogram to Start Sales Drive Feb. 22 Hollywood, Jan. 6. — Monogram has set plans for the annual "March for Monogram" sales drive, which will run seven weeks, from Feb. 22 to April 11, according to W. Ray Johnston, president. Cash prizes will be awarded to winning teams. The branch offices have been divided into zones. Mono- gram franchise holders will meet in St. Louis on Saturday to complete detailed arrangements for the drive. Johnston will attend, as will Howard Stubbins, West Coast franchise hold- er. George West, St. Louis and Kansas City franchise holder, will ac- company them from the Coast. Sam- uel Broidy, general sales manager, will attend from New York. Franchise holders in attendance will be John Mangham, Atlanta ; Ben Welansky, Boston and Pittsburgh ; Harry L. Berkson, Buffalo ; Henri Elman, Chicago ; Nate Schultz, Cleveland ; John Franconi and Ed Blumenthal, Dallas ; Lon Fidler, Den- ver ; F. E. Judd, Des Moines ; Wil- liam Hurlbut, Detroit ; Charles Trampe, Milwaukee ; B. L. Nathan- son, Minneapolis ; Carr Scott, Okla- homa City ; Sol J. Francis, Omaha and William Onie, Cleveland. 2 Motion Picture Daily Tuesday, January 7, 1941 Coast Flashes Hollywood, Jan. 6 THE ACADEMY of M. P. Arts and Sciences today announced the election of John Aalberg, Farciot Edouart and Thomas T. Moulton as governors from the technicians' branch. The board meets tomorrow for election of officers. Screen Actors Guild over the week- end warned it would bar forever from membership any person who, after notice, performs in a production termed "unfair" by the Associated Actors and Artistes of America. The move was made, officials stated, to prevent the presentation of salacious plays by so-called amateur and non- profit troupes organized by stage pro- ducers desirous of evading Equity regulations. Copies of the order were sent to the Los Angeles City Council and Police Commission which are now considering a local stage and film censorship law. • Election of officers by the A.M. P. P. will be held on Feb. 4, it was de- cided at a meeting today. John Zinn, of Paramount, was named to the com- mittee to discuss with Screen Actors Guild recommendations of the stand- ing committee of S.A.G. basic agree- ment for reduction of the number of extras and other moves calculated to increase their employment. Walter Wanger today accepted chairmanship of the Frank Capra 20th Anniversary Tribute Commit- tee which is planning to honor the director for his contributions to the screen. The committee will meet tomorrow to set the nature and date of the tribute. • Al Lichtman and Howard Dietz, advertising and publicity director of M-G-M, arrived today. The latter will stay several weeks for confer- ences about future production cam- paigns. • W. Ray Johnston, Howard Stubins and George West leave by the Chief Wednesday for the St. Louis Mono- gram franchise holders' meeting Sat- urday. • Lou Pollack, Universal Eastern publicity head, will leave for New York by train tomorrow after 10 days of studio conferences. Bishop Honored at Pittsburgh Dinner Pittsburgh, Jan. 6. — Approximate- ly 225 exhibitors and exchange men honored Burtus Bishop, Jr., tonight at a Variety Club testimonial dinner at the William Penn Hotel. Bishop has been named district manager for M-G-M in Kansas City. The speakers included Michael Shapiro, chairman; C. J. Latta, chief barker of the Variety Club; C. C. Kellenberger, Peter Dana, Arthur Levy, Abe Weiner, James Alexander, Harry Goldstein, Herbert Greenblatt, Harry Kalmine, John Harris, M. A. Rosenberg, Fred Beetle, Edgar Moss and Byron Stoner, new M-G-M man- ager here. Personal Mention ARTHUR PRATCHETT, Para- mount manager for Central America, arrived in New York yes- terday for a home office visit. He is scheduled to leave with John W. Hicks, Paramount vice-president and foreign manager, next Sunday for a tour of Mexico, Central and South America. • Joel Levy of the Loew home office booking department, is visiting the 14 Loew-Poli New England houses with Harry Shaw, division manager. • Lou Schaefer, manager of the Paramount, New Haven, and Mrs. Schaefer have announced the engage- ment of their daughter, Marga- retha, to Carl Johnson of Glen- brook, Conn. Edward Sherwood, Ascap district manager in Baltimore, is nursing in- juries suffered in a fall. • Ruth Smith, cashier at Warners' State, Philadelphia, is engaged to Jack Owens. • Abe Rovner, Philadelphia exhibi- tor, has left for a Florida vacation. • Isadore Litwin, assistant to the purchasing agent of the Stanley-War- ner Theatres, Philadelphia, has re- signed to enter the fur business. • Joseph R. Vogel, Max Weisfeldt, Harry Bernstein and Arche May- er having lunch yesterday at Lindy's (next to the Rivoli). • Charles E. McCarthy, J. J. Unger, Max A. Cohen, Ted O'Shea, Sam Rinzler, Ralph Austrian, Maurice Bergman, Tom Connors and Russell Holman at Nick's Hunting Room in the Astor yesterday for lunch. • Darryl F. Zanuck, Clarence Eiseman, Maurice Silverstone, James Mulvey, Charles Stern and Harry Brandt having lunch yester- day at Lindy's (Slst St.). DAVID L. LOEW will leave the Coast today for conferences at the United Artists home office. His partner, Albert Lewin, will leave for the East on Friday. • Mrs. W. Ray Johnston, wife of the president of Monogram, is visit- ing in the East. Philip Ferces of the 20th Century- Fox exchange here and Martin Mullins of the home office will re- port for duty Jan. 27 with the 258th Field Artillery Medical Corps at Fort Ethan Allen, Burlington, Vt. • Moe Grassgreen, manager of the 20th Century-Fox Albany branch, is scheduled to leave next Monday for a two-week vacation in Miami Beach. • William Sussman, Eastern divi- sion manager for 20th Century-Fox ; Jack Sichelman, assistant sales manager, and I. J. Smertz, manager of the company's Cleveland branch, are in Miami on their annual vaca- tions. • George A. Roberts, Mideast dis- trict manager for 20th Century-Fox, has returned to his headquarters in Cleveland after a vacation visit here. • Ira H. Cohn, manager of the 20th Century-Fox Pittsburgh branch, re- turns next Monday from a Miami Beach vacation. • Joseph Burstyn returned to his office yesterday after a three-week business trip to Cuba. • Mitchell Wolfson, co-owner of Wometco's Florida theatres, has been appointed a colonel by Governor Spessard Hollard. • George Dembow, Barney Bala- ban, Leonard Goldenson, Charles M. Reagan, Sylvia Sidney, Marcus Heiman. Lee Shubert, Harold Or- lob, AIax Marcin, Arthur Loew, Jacob Wilk and Otto Preminger lunching yesterday at Sardi's. Zanuck Designated Signal Corps Officer Washington, Jan. 6. — Darryl F. Zanuck, vice-president in charge of production for 20th Century-Fox, to- day was made a lieutenant colonel in the Signal Corps Reserve and desig- nated as a member of the Advisory Council to the Chief Signal Officer. Colonel Zanuck visited Washington today, en route from New York to the Coast. He conferred with Major General Joseph E. Mauborgne, Chief Signal Officer, with regard to train- ing films being produced through the Research Council of the Academy of Motion Picture Arts and Sciences, of which Zanuck is chairman. William Blumenberg Dies Stroudsburg, Pa., Jan. 6. — William Blumenberg, former manager of the Stroud Theatre here and proprietor of Ye Saylor's Inn at Saylorsburg, Pa., died recently in the Stroudsburg General Hospital. He was a former vaudeville and circus performer. Korda Will Testify In Goldwyn Action Alexander Korda and the London Film Productions, Ltd., were ordered yesterday by Federal Judge Edward A. Conger to testify on Jan. 15 in the suit of Samuel Goldwyn against United Artists Corp. for cancellation of his contract with the defendant. The order provides that if Korda is not available in New York for the examination, his attorney is to notify the court by Jan. 10 and the examina- tion will then proceed in the Cali- fornia District Court on Jan. 28. Kansas City Plans to Restrict Use of Signs Kansas City, Jan. 6. — At the request of the Park Board, the City Manager will not issue permits for operation of sound trucks on boule- vards or park department driveways, or in parks. The board also has taken a stand against erection of signs or advertising banners across boulevards or driveways under Park Board supervision. Down to Earth Minneapolis, Jan. 6. A UNION squabble here JJ. threatened to leave the Minneapolis Auditorium with a dirt floor following Larry Sunbrock's rodeo. The con- tract did not provide for re- moval of the special dirt floor. When the rodeo personnel began the work, union em- ployes protested. The union won. It removed the dirt floor. 'Africanus' Again Banned in Mexico Mexico City, Jan. 6. — "Scipio Africanus," the Italian-made picture which the Confederation of Mexican Workers banned two years ago on the ground that it is Fascist propaganda, a prohibition which the Confederation recently rescinded, without comment or explanation, has been banned again. This latest ban is the strike of at- taches of the Cine Palacio, a leading- local house, on the eve of exhibi- tion, after extensive and costly ad- vertising and exploitation. The strik- ers, members of the National Cinema- tographic Workers Union, which is affiliated with the Confederation, were accused by exhibitors of sabotage with regard to "Scipio." It was re- ported that leaders of the union had declared that exhibition of this pic- ture is unseemly for Mexico because it is outright Fascist propaganda and that Scipio is but a representation of Mussolini. The union denied the charges and declared the strike on the eve of exhibition was a coincidence. Settle Warner Action A stipulation settling the $150,000 damage suit brought by M. & G. Amusements, Inc., against Warners has been filed in U. S. District Court here. The plaintiff claimed that it sold the rights to the play "Sh ! The Octopus" for a silent pic- ture and Warners subsequently made a talking film without the plaintiff's consent. Grainger Due Jan. 15 James R. Grainger, president of Republic, is due at the home office on Jan. 15, after stopovers en route from the Coast at Dallas, New Orleans, St. Louis and Indianapolis. MOTION PICTURE DAILY (Registered U. S. Patent Office) Published daily except Saturday, Sunday and holidays by Quigley Publishing Company, Inc., 1270 Sixth Avenue, Rockefeller Center, New York City. Telephone Circle 7-3100. Cable address, "Quigpubco, New York." Mar- tin Quigley, Editor-in-Chief and Publisher; Colvin Brown, Vice-President and General Manager; Watterson R. Rothacker, Vice President; Sam Shain, Editor; Alfred L. Finestone, Managing Editor; James A. Cron, Advertising Manager; Chicago Bureau. 624 South Michigan Avenue, C. B. O'Neill, manager; Hollywood Bureau, Postal Union Life Building, William R. Weaver, Editor; London Bureau, 4 Golden Square, London Wl, Hope Williams, manager, cable address "Quigpubco, London." All contents copy- righted 1941 by Quigley Publishing Com- pany, Inc. Other Quigley publications: Motion Picture Herald, Better Theatres. International Motion Picture Almanac and Fame. Entered as second class matter, Sept. 23. 1938; at the post office at New York, N. Y., under the act of March 3, 1879. Subscription rates per year $6 in the Americas and $12 foreign. Single copies 10c. with excitement . . . and all hit songs: 'Hello Ma! I Done It Again!" "Did I Have Fun?" • "J'm Alive and Kickin'" • "Wishful Thinking" 4 Motion Picture daily Tuesday, January 7, 1941 'Neighbor' Is Chicago Lead With $53,000 Chicago, Jan. 6. — "Love Thy Neighbor" djew a strong $53,000 at the Chicago, with a stage show. "Tin Pan Alley" took $10,000 at the Gar- rick, and "Arizona" $12,000 at the Apollo in a week of good grosses. Estimated takings for the week ending Jan. 2: "Arizona" (Col.) APOLLO— (1,400) (35c-S5c-75c), 7 days, 2nd week. Gross: $12,000. (Average, $6,500) "Love Thy Neighbor" (Para.) CHICAGO— (4,000) (35c-55c-75c) 7 days. Stage: Variety Stage Show. Gross: $53,000. (Average, $32,000) "Tin Pan Alley" (20th-Fox) GARRICK — (1,000) (35c-55c-75c) 7 days. Gross: $10,000. (Average, $5,000) "Lone Wolf Keeps a Date" (Col.) ORIENTAL — (3,200) (2Sc-40c) 7 days. Stage: Ted Weems Band and stage show. Gross: $20,000. (Average, $13,000) "Kitty Foyle" (RKO) 4 days "Saint in Palm Springs" (RKO) 4 days PALACE— (2,500) (35c-40c-60c. Gross: $16,000. (Average, $13,000) "Thief of Bagdad" (U. A.) ROOSEVELT— (1,500) (35c-55c-75c) 7 days, 2nd week. Gross: $12,000. (Average, $11,000) "East River" (W. B.) STATE- LAKE— (3,700) (25c-40c) 7 days. Stage: Streets of Paris Unit. Gross: $24,- 000. (Average, $15,000) "Bitter Sweet" (M-G-M) UNITED ARTISTS— (1,700) (35c-55c-75c) 7 days, 2nd week. Gross: $12,000. (Aver- age, $14,000) Feature Reviews ,000 Is 'Chorus' Tally in Providence Providence, Jan. 6. — The Strand tallied $8,000 with "Second Chorus" and "Three Men From Texas." Estimated takings for the week ending Dec. 30- Jan. 1 : "No, No, Nanette" (RKO) "San Francisco Docks" (Univ.) RKO-ALBEE — (2,239) (28c-39c-50c) 7 days. Gross: $7,200. (Average, $6,000) "The Thief of Bagdad" (U. A.) "Nobody's Children" (Col.) LOEWS STATE— (3,232) (28c-39c-50c) 7 days. Gross: $11,900. (Average, $11,000) "Chad Hanna" (20th-Fox) "Michael Shayne, Private Detective" (20th-Fox) MAJESTIC— (2,250) (28c-39c-50c) 7 days. Gross: $5,900. (Average, $7,000) "Second Chorus" (Para.) "Three Men From Texas" (Para.) STRAND— (2,200) (28c-39c-50) 7 days. Gross: $8,000. (Average, $6,000) "Pride of the Bowery" (Mono.) (5 days) (Plus stage show with Jan Savitt or- chestra, Patricia Ellis, Ross & La Pierre, Clyde Hager, and the Condos Brothers) "The Devil Bat" (Producers) (3 days) (Plus stage show with "Hollywood on the Loose Revue" featuring Tom Brown, Arleen Whelan, Alex D'Arcy, Shaw & Lee, Diana Moore, Joe Morris, George King and Sammy Wolf.) METROPOLITAN— (3,045) (28c-39c-55c- 75c). Gross: $9,000. (Average, $9,000) "The Philadelphia Story" (M-G-M) "Gallant Sons" (M-G-M) CARLTON — (1,526) (28c-39c-50c) 5 days. Gross: $2,800. (7-day average, $3,500) "Give Us Wings" (Univ.) "West of Pinto Basin' (Mono.) FAY'S— (1,800) (15c-28c-39c) 7 days. Gross: $3,300. (Average, $2,500) "The Mark of Zorro" (ZOth-Fox) (3 days) "Hit Parade of 1941" (Rep.) (3 days) "The Letter" (W. B.) (4 days) "Kit Carson" (U. A.) (4 days) EMPIRE — (2,200) (20c-28c) 2nd run. Gross: $1,900. (Average, $1,700) Doomed Caravan ( Sherman-Paramount) Hollywood, Jan. 6. THE fight of unscrupulous border thieves to seize all western stage coach lines forms the background for "Doomed Caravan," in which William Boyd, as "Hopalong Cassidy," stars. Boyd is again supported by Russell Hayden and Andy Clyde in the story based on the Clarence E. Mulford characters. The trio forms the combination of avengers who outwit the crimi- nals, restore the stage line to its rightful owner, in this case, a woman. Minna Gombell, Morris. Ankrum, Georgia Hawkins, Trevor Bardette, Pat J. O'Brien, Raphael Bennett and Jose Luis Tortosa complete the cast. Johnston McCulley and J. Benton Cheney wrote a moving script as the framework for the Harry Sherman production. Lesley Selander, veteran of the Sherman forces, turned out a smooth job of direction. Running time, 61 minutes. "G." * Vance King "Cavalcade of Faith" {Jeffrey Pictures) A documentary film, "Cavalcade of Faith" stresses the importance, of faith in the lives of the peoples of the world. The film was made, for the most part, by assembling clips of affairs of importance in the Catholic Church during the past 25 years. Aside from the historical value of the assembling of such clips, the picture's principal appeal probably will be for Catholic church auditoriums and at entertainments of Catholic organizations. The film shows crowds at the election of Pope Pius XI, together with the ceremonies attendant upon such election. Pope Pius XI himself is shown and there are scenes showing him blessing a number of pilgrim- ages. American cardinals and Eucharistic congresses here are also shown, as is the election of Pope Pius XII. From the various points of interest at the Vatican and the ruins of ancient Rome, the commentator picks up highlights in the history of the Catholic Church. The photography, particularly in the older clips, is not of the best. The film is available with Spanish, Polish and Italian language commentary in addition to the English edition. Running time, 65 minutes. "G." * Edward Greif 29 New Films Now Shooting; Seven Started "G" denotes general classification. Pa. Unit Election Soon Philadelphia, Jan. 6.— The United M.P.T.O. of Eastern Pennsylvania will hold its annual election of officers here late this month. CEA Proposes Joint Committee Tomorrow London, Jan. 6. — It has been con- firmed that the General Council of the Cinematograph Exhibitors Asso- ciation at its meeting tomorrow will propose the formation of a joint com- mittee with the Kinematograph Rent- ers Society (distributors) to handle disputes between theatres and dis- tributors arising out of war condi- tions. It is understood that at a recent joint meeting the K.R.S. agreed to elimi- nate the theatre questionnaires, to which the exhibitors raised strenuous objection, if a satisfactory alternative could be found. The K.R.S. also is known to insist that any findings of a joint committee are subject to the approval of the K.R.S. council. If approved by both bodies, the new committee is expected to meet at once. Another committee, representative of the C.E.A. and the K.R.S., in the future will examine thoroughly all conditions imposed on theatres apply- ing for licenses to operate on Sundays. RKO Pacts Renewed Don Bernardo Glucksman, head of Cinematografica Glucksman, S.A., Montevideo, has renewed his contract for the distribution of RKO product in Uruguay for 1941, according to Phil Reisman, foreign department chief. Foreign Critics Rate Wrath' Year's Best "The Grapes of Wrath" was voted the outstanding American film of 1940 by motion picture reviewers of New York City foreign language newspapers. Other selections were : best foreign film, "Hotel du Nord" ; best Ameri- can masculine performance, Conrad Veidt in "Escape" ; best American feminine performance, Ginger Rogers in "The Primrose Path" ; best foreign masculine performance, Jean Gabin in "The Human Beast" ; best foreign feminine performance, Arletty in "Daybreak" ; best Hollywood direc- tor, William Wyler for "The Letter" ; best foreign director, Marcel Carne for "Hotel du Nord." A special award was made to "Lon- don Can Take It," a short subject. Additional selections included: best Spanish language film of the year, "La Noche de Los Mayas" ; best Ital- ian language film, "Giuseppi Verdi" ; best Yiddish language film, "Overture to Glory" ; best German language film, "The Dreyfus Case" ; best Swed- ish language film, "Vi Tva"; best Russian language film, "The Great Beginning," and best Hungarian lan- guage film, "Gul Baba." The poll among the reviewers was conducted by the Foreign Orienta- tion division of the American Schools and Colleges Association. Hollywood, Jan. 6. — Twenty-nine pictures were before the cameras this week as seven started and five fin- ished. Twenty-four were being pre- pared, and 68 were being edited. The tally by studios : Columbia In Work : "Penny Serenade," "The Lone Wolf Takes a Chance." Globe In Work : "Pot o' Gold." M-G-M In Work: "Billy the Kid," "Rage in Heaven," "Andy Hardy's Private Secretary," "The Trial of Mary Dugan," "Free and Easy." Started: "Roosty." Producers Releasing Finished: "It Happened to Me." Paramount Finished: "New York Town," "Pi- rates on Horseback." In Work : "Las Vegas Nights," "One Night in Lisbon." RKO In Work : "They Met in Argen- tina," "The Devil and Miss Jones," "Show Business." Republic Finished: "Petticoat Politics." Started : "Two-Gun Sheriff," "Prairie Pioneers," "Citadel of Crime." Roach In Work : "Broadway Limited." 20th Century-Fox Finished : "Tobacco Road." In Work : "The Outlaw," "Ride On, Vaquero," "Dead Men Tell," "A Very Young Lady." Universal In Work: "Nice Girl," "Buck Pri- vates." Warners In Work: "The Sea Wolf," "She Stayed Kissed." Started: "Thirty Days Hath Sep- tember," "Miss Wheelwright Discov- ers America," "Winged Victory." Testimonial Kansas City, Jan. 6. A YOUNG woman went into the Electric, Kansas City, Kan., the other evening to see "North West Mounted Police." After the show was over she departed, but re- turned very shortly with a flashlight and asked an usher to help her find hits of a $1 bill she had torn up while watching the picture. I guess I just got too excited," she said, and admitted she probably wouldn't have come back if there hadn't been a short about the governments reclamation of damaged cur- rency. Tuesday, January 7, 1941 Motion Picture Daily 5 Showmanship Flashes Five Out of Five Mexico City, Jan. 6. — Ga- briel Soria, young Mexican producer-director who had his training in Hollywood, is the champion in his field in Mexico as far as winning gold medals is concerned. He has just been given a medal, his fifth in five consecutive years, for his "Mala Yerba" ("Mar- cella"). 'Philadelphia' Sets Fast Pace on B 'way {Continued from page 1) third week and will be replaced on Friday by "Four Mothers." Sammy Kaye will head the stage show. "Chad Hanna" bows out of the Roxy on Friday after a two-week run. The film with a stage show gave the house an estimated $26,000 Thursday through Sunday. "Hudson's Bay" follows. "Night Train" at the Globe was good for $11,000 in its first week and was held over. "The Lone Wolf Keeps a Date" completes a week at the Rialto tonight with about $7,000 expected. "The Invisible Woman" checks in tomorrow. "Kitty Foyle" succeeds "Victory" tomorrow at the Rivoli. British Ratify New U. S. Currency Pact (.Continued from page 1) may be taken out during the first six months of the agreement. No re- mittances have been made to the United States since the old agree- ment expired last Oct. 26. A provision of the agreement makes it possible for the American com- panies to use their blocked sterling here for the purchase of or acquisi- tion of an interest in British theatres providing they are given permission by the Control Commission. The frozen sterling also may be used for the purchase of British or foreign dis- tribution rights and to pay for Brit- ish-made prints for export. The last proviso was the subject of much con- troversy during the negotiation of the agreement and delayed its conclusion perhaps more than any other factor. Act to Curb Price Gouging in Mexico Mexico City, Jan. 6.— The Mexi- can Senate has acted upon numerous complaints about admission charge profiteering by some local theatres by appointing a committee to investigate these accusations. It is charged that certain houses have increased their charges, although the dollar is of less value, currently at 4.86 pesos, but that when the quotation was near six pesos, the first run theatres never charged more than 1.50 pesos and the subsequent run houses from 40 to 50 centavos. The first run theatres are now charging from two to three pesos and the subsequents 90 centavos and one peso. Rentals made by distributors are also to be thoroughly investigated to ascertain whether or not they are to blame for this profiteering. Radio Program Used To Aid "No, No, Nanette" Salt Lake City, Jan. 6. — David Edwards, manager of the Rialto here, for the opening of "No, No, Nanette," tied in with Station KSL for a broad- cast before the opening, and had 20 attractive girls spotted in downtown stores and on the streets carrying portable radios tuned in on the 15- minute program. The radios were the result of a tieup with dealers. Gag-Writing Contest Is Used on 'Go West* Cleveland, Jan. 6. — A gag-writing contest, conducted by the Cleveland News, was used to promote "Go West," at Loew's State. For the best 53 wisecracks written into "balloons" in the newspaper pictures of the Marx Brothers a total of $50 in cash prizes and 50 pairs of tickets were awarded. Essay Contest Is Used On 'Escape' Engagement Hazleton, Pa., Jan. 6. — In connec- tion with "Escape," Manager John Higgins of the Capitol Theatre made a tieup with local stationery store on an essay contest in which newspaper readers were invited to send in letters of 100 words or less describing their favorite form of escape and how it "brings surcease and happiness, etc." Winners received a copy of the book from the dealer and free theatre tickets. Laugh Clinic Test Is Used for "Road Show" Albany, Jan. 6. — The Institute of Humor Clinic has installed its maico physchometer in the lobby of the Ritz in an exploitation stunt by Mel Conheim, Warner manager, and the Times-Union, morning paper. The clinic was conducted daily in the lobby, with a half- hour broadcast over WABY, tied in with the showing of "Road Show." 6U' Exercises Right To Buy Preferred (Continued from page 1) might affect the price of the shares which may be acquired later, it was said. The Universal first preferred closed at 119 on the day the company asked for tenders of the stock and closed at 144 last Saturday, the final day of trading prior to the acceptance or rejection of tenders. The stock has a par value of $100 per share and there are dividends of about $75 per share accrued and unpaid. The stock opened yesterday at 139. S. O. S. in Union Pact S. O. S. Cinema Supply Corp. has signed contracts with Local 20940 of the American Federation of Office Employes, and the International Brotherhood of Machinists, covering all employes of the company, it was announced yesterday. The contracts provide for a closed shop, vacations with pay, seniority, overtime pay and increases ranging from 10 to 15 per cent, it was said. J. A. Tanney, presi- dent of S. O. S., executed the con- tracts on behalf of his company. 'Chad Hanna' Copy On Cough Drop Box Baltimore, Jan. 6. — In connection with the showing of "Chad Hanna" at the New, owner Morris Mechanic tied in with a concern that distributes hundreds of sample packages of cough drops. He had printed on the front of an envelope which contained the cough drop sample, a note that read, "Don't cough and miss a single word of 'Chad Hanna,' opening here Friday. Use these cough drops." The copy, of course, also carried a commercial line in behalf of the drops. Store Tieup Is Used On 'Dreaming Out Loud' William sport, Pa., Jan. 6. — Man- ager James Frailey of the Keystone Theatre, in promoting the film, "Dreaming Out Loud," made a tieup with local merchants, who aided in creating a window display similar to a "Jot-'em-Down" store as used by Luin and Abner. 'Bitter Sweet' Drink Featured in Baltimore Baltimore, Jan. 6. — In the pro- motion campaign for "Bitter Sweet" at Loew's Century, George Avis, pub- licist, tied in with two leading cock- tail lounges who dug out recipes for the old-time "Bitter Sweet" cocktail. The drinks were featured during the picture's run. Distribute 'Diplomas' As 'You'll Find Out' Stunt. Cleveland, Jan. 6. — For his Cam- paign on "You'll Find Out," at the Hippodrome, Manny Pearlstein of the Warner theatre division publicity of- fice, used a cap and gown street bally- hoo and distributed 5,000 diplomas. Persons holding lucky number diplo- mas were awarded guest tickets. Sev- eral thousand stickers were distributed by local laundry and cleaning estab- lishments. Seven New Pictures Approved by Legion The National Legion of Decency for the current week has approved all of the seven new pictures reviewed and classified, six for general patronage and one for adults. The new films and their classification fol- low : Class A-l, Unobjectionable for General Patronage — "Bowery Boy," "The Great Plane Robbery," "Keep- ing Company," "The Pinto Kid," "She Couldn't Say No," "Wyoming Wildcat." Class A-2, Unobjection- able for Adults — "Ellery Queen, Mas- ter Detective." Sues on Projector Deal Willor Manufacturing Corp., Me- chanical Manufacturing Corp., Jack Robins and William Lorenz were named defendants yesterday in a suit filed in N. Y. Supreme Court by Louis Klotz, who asks for 10 per cent of all sales and rentals received by the defendants on a new continu- ous sound picture projector. Klotz claims to have aided in assembling the projector and in promoting its sale under an alleged percentage agreement. Lehman Corp. Buys Paramount Shares Among the new holdings of the Lehman Corporation made public yesterday by Robert Lehman, president of that company, are 10,000 shares of Paramount common and 2,000 shares of Paramount Pictures, 6 per cent cumulative, con- vertible first preferred, in ad- dition to $23,000, Paramount Pictures, convertible deben- tures 3'/2s of 1947. Oklahoma Action To Be Tried First (Continued from page 1) ment of Justice to inform attorneys for the Little Three of the trial order so that they would know which case to prepare to defend first. Any change in the order of trial which may be decided upon by the Government sub- sequently must be imparted to the defendants promptly. The Government stated recently that it was farthest advanced in its pre- parations for trial in the Oklahoma City case, which is the only explana- tion at hand of its choice of that case for trial first. A motion to dismiss the Oklahoma City action has been made by the Little Three and is await- ing hearing there. A similar motion has been made by them in the New York suit and is returnable today before Judge Goddard, who will set a future date for hearing the motion. Sidetrack Halifax Sunday Proposal Halifax, N. S., Jan. 6.— Opposition has caused a temporary sidetracking of the Sunday theatre opening propo- sal. Theatre owners object to opening for only a voluntary collection, and the ministerial association has pro- tested against the clause permitting a naval or mercantile sailor, soldier or air forceman to take one adult com- panion into the Sunday night show. Theatremen opposing the voluntary collection are willing to donate the profits from Sunday shows to war welfare or charities, but they claim their normal business will be very ad- versely affected by allowing people into their theatres for nothing on Sundays. Doubles and Triples Nashua, N. H., Jan. 6. — A triple feature was billed at the Colonial here for the first part of the week, and a double feature with giveaways for the latter half. The triple bill included "The Lost World," "Wrath of Jeal- ousy" and "Arizona Frontier." Indiana Circuit Formed Indianapolis, Jan. 6. — Incorpora- tion papers have been issued to Thea- tres, Inc., with 200 shares of $50 par value common stock. Incorporators are Isidore Feibleman, Mark M. Gates and Charles B. Feibleman. The new corporation plans to operate houses in small cities in Indiana. 6 Motion Picture Daily Tuesday, January 7, 1941 "That GirF and Show Lead in Hub, $23,800 Boston, Jan. 6. — -"Where Did You Get That Girl?" aided by a stage show headed by George Raft, scored a strong $23,800 as grosses here gen- erally swung sharply upward. Estimated takings for the week ending Dec. 30-Jan. 1 : "Where Did You Get That Girl?" (Univ.) KEITH BOSTON— (3,000) (35c-40c-55c-65c) 8 days. Vaudeville: George Raft and revue including Ted Mack orchestra; Gil and Bernie Mason; Three Swifts; DeVal, Merle and Lee; Ted Lester and Patricia Norman. Gross: $23,800. (Average, $8,000) "No, No, Nanette" (RICO) "Romance of the Rio Grande" (20th-Fox) KEITH MEMORIAL — (2,907) (25c-35c- 40c-55c) 7 days. Gross: $15,300. (Average, $16,000) "Love Thy Neighbor" (Para.) "Lady with Red Hair" (W. B.) M ETROPOLITAN— (4,367) (25c - 35c - 40c - 55c) 7 days. Gross: $22,250. (Average, $15,- 000) "Tin Pan Alley" (20th-Fox) "Murder Over New York" (ZOth-Fox) PARAMOUNT— (1,797) (25c-35c-40c-55e) 7 days. Gross: $10,800. (Average, $7,500) "Tin Pan Alley" (20th-Fox) "Murder Over New York" (20th-Fox) FENWAY— (1,320) (25c-35c-40c-55c) 7 days. Gross: $5,080. (Average. $4,500) "North West Mounted Police" (Para.) "Youth Will Be Served" (20th-Fox) SCOLLAY— (2,500) (25c-44c-55c) 7 days. Gross: $4,100. (Average, $4,000) "Thief of Bagdad" (U. A.) "Blondie Plays Cupid" (Col.) LOEWS STATE— (3,000) (25c-35c-40c-55c) 7 days. Gross: $14,200. (Average, $12,000) "Thief of Bagdad" (U. A.) "Blondie Plays Cupid" (Col.) LOEWS ORPHEUM— (2,900) (25c-35c- 40c-55c) 7 days. Gross: $20,500. (Average, $17,500) W. B. Court S. American Trade with New Musical Hollywood, Jan. 6. \X7 ARNERS has joined the parade of studios courting the South * * American trade, as the studio announced "Carnival in Rio," a musical comedy with a South American background, for early produc- tion. George Raft, Dennis Morgan and Brenda Marshall will head the cast, with a possibility that Rita Hayworth may be borrowed from Columbia for a featured role. William Keighley will direct, with Robert Rossen doing the screen- play. Mimi Aguglia, European star, has been set for Howard Hughes' "The Outlaw." . . . Al-G-M has set "Blonde Inspiration" as the title for "Fools Rush In," formerly called "Four Cents a Word." . . . With Lionel Barrymore and Edward Arnold in the top spots, Gene Reynolds, Rob- ert Sterling and Fay Holden get roles in M-G-M's "Roosty," Jack Chertok's second feature production at M-G-M. Harold S. Bucqlet is directing. • • Republic has set Frances Dee to play opposite John Wayne in "Citadel of Crime," which John H. Auer is directing. Also set are Alexander Granach, Wallace Ford, Harold Huber. Armand Schaefer is producing. . . . Paramount has given Brian Donlevy a new contract. He now is on loan to M-G-M for "Billy the Kid." . . . William Pine and William Thomas have A * M * P * A cordially invites you and your friends to attend a LUNCHEON MEETING THURSDAY — JANUARY 9 HOTEL ^/>/50iV"Set"V;Su^4R500^a''> John Flinn, as Toastmaster, will introduce our dis- tinguished guest speaker of the day. BARNEY BALABAN President, Paramount Pictures, Inc. EXTRA! A few words from JEAN HERSHOLT. TICKETS AT THE DOOR: $1.25, including tip, and well worth it. Members, $1. Applications invited from men and women in advertising, publicity, exploitation. COMING?!— A.M. P.A. 25th ANNIVERSARY PARTY, APRIL 4 BENEFIT, A.M. P. A. RELIEF FUND signed Billy Lee and Roger hryor to support Richard Arlen and Jean barker in Producers Corp. of America's "Power Dive" for Paramount release. Tom Harmon, Michigan football star, is being tested for a role in Paramount's "Las Vegas Nights." . . . Marjorie Main joins M-G-M's "The Trial of Mary Dugan" troupe. . . . Jeffrey Lynn, Prislilla Lane, Ronald Keagan and May Robson head the cast of "Miss Wheelwright Discovers America," Warners. . . . Ralph Bellamy and Hattie Mc- Daniel join the cast of Warners' "Affectionately Yours," starring Merle Oberon, Dennis Morgan and Rita Hayworth. . . . Republic lias changed the title of "Rookies' Roost" to "You'll .Never Get Rich." . . . Akim Tamiroef has been given a role in Paramount's "One Night in Lisbon." . . . Warners has retitled "Stuff of Heroes" as "The Bashful Hero." . . . Robert Preston gets the lead in Paramount's "The ISJight of Jan. 16th." . . . Edward G. Robinson and his "Big Town" radio troupe leave Hollywood Jan. 16 for New York, where the CBS show will orig- inate for four weeks. Frank Capra has called for the entire cast of principals, except Barbara Stanwyck, of "Meet John Doe" for retakes and added scenes. The picture is now cut to 13,500 feet. . . . Harry Sherman has purchased "The Sheik of Buffalo Butte," original story by Bernard Mc- Conville, for a Hopalong Cas- sidy story starring William Boyd. . . . RKO has signed Jack Briggs and Robert Francis Smith, young stage players, to term contracts. A nna May Wong joins Ralph Bellamy and Margaret Lindsay in the second Ellery Queen story which Larry Darmour will produce for Columbia. . . . Irving Pichel's di- rectorial contract at 20th Century- Fox has been extended. . . . Univer- sal has signed Loretta Young to do an additional picture outside of Frank Lloyd's "Lady from Chey- enne." • • Clive Brooks has submitted to Paramount an original story dealing with events attendant upon the evacu- ation of Paris before the Nazi occu- pation, and if the deal goes through, will star in it, according to David Rose, managing director of produc- tion for Paramount in England. . . . Harry Sherman has given Derwin Abrahams, assistant director who guided "Border Vigilantes," a term deal as a director. . . . Republic has signed Charles Butterworth, Jerry Colonna and Eddie Foy, Jr., for "Sis Hopkins." 'Arizona9 Sets Los Angeles Pace, $26,000 Los Angeles, Jan. 6.— Special New Year's Eve and New Year's Day shows contributed to the big gain in grosses here. "Arizona" and "Where Did You Get That Girl?" plus "No, No, Nanette" and "The Saint in Palm Springs" for two days, drew $14,000 at the Hillstreet and $12,000 at the Pantages, for a total of $26,000. Estimated takings for the week ending Jan. 1 : "Thief of Bagdad" (U. A.) (S days) "Murder Over New York" (20th-Fox) (5 days) "The Philadelphia Story" (M-G-M) days) CHINESE— (2,500) (33c-44c-55c-7Sc). Gross: $14,800. (Average, $12,500) "The Philadelphia Story" (M-G-M) (2 days) CARTHAY CIRCLE — (1,518) (75c-$1.65). Gross: $5,100. "Flight From Destiny" (W. B.) 4 STAR— (900) (44c-55c). Gross: $6,700. (Average, $3,250) "Arizona" (Col.) (S days) "Where Did You Get That Girl?" (Univ.) (5 days) "No, No, Nanette" (RKO) (2 days) "The Saint in Palm Springs" (RKO) (2 days) HILLSTREET — (2.700) (33c -44c -55c -75c) Gross: $14,000. (Average, $6,500) "Thief of Bagdad" (U. A.) (5 days) "Murder Over New York" (20th-Fox) (S days) "The Philadelphia Story" (M-G-M) 2 days) LOEWS STATE— (2,500) (33c-44c-55c- 75c). Gross: $15,600. (Average, $14,000) "Arizona" (Col.) (5 days) "Where Did You Get That Girl?" (Univ.) (5 days) "No, No, Nanette" (RKO) (2 days) "The Saint in Palm Springs" (RKO) (2 days) PANTAGES — (3,000) (33c-44c-55c-75c). Gross: $12,000. (Average, $7,000) "Second Chorus" (Para.) (5 days) "Alice in Wonderland" (Para.). Matinee only. (5 days) "Love Thy Neighbor" (Para.) (2 days) PARAMOUNT — (3,595) (44c-55c-75c). Stage: South American Follies — Don Ricardo & orch., 5 days. Peter Lind Hayes & Fanchonettes — Rube Wolf, orch., 2 days. Gross: $21,000. (Average, $18,000) "Four Mothers" (W. B.) (5 days) "South of Suez" (W. B.) (S days) "Santa Fe Trail" (W. B.) (2 days) WARNER BROS. (HOLLYWOOD) - (3,000) (33c-44c-55c-75c). Gross: $16,100. (Average: $14,000) "Four Mothers" (W. B.) <5 days) "South of Suez" (W. B.) (S days) "Santa Fe Trail" (W. B.) (2 days) WARNER BROS. (DOWNTOWN) — (3,400) (33c -44c -55c -75c). Gross: $17,400. (Average: $12,000) Connors, Cohen and O'Shea Hail Bookers That new sales policies under the "consent decree" offer to the motion picture booker a golden opportunity for advancement was the substance of brief addresses made before the Mo- tion Picture Bookers Club by Tom Connors, E. K. O'Shea, Harry Brandt, Max A. Cohen and others last night at the organization's an- nual installation of officers held at the Cafe Loyale. Other speakers were David Levy, Moe Streimer and Joseph Lee, of 20th Century-Fox. Officers of the club inducted last night were: Harold Klein, president; Leo Greenfield, vice-president ; Ben Levine, treasurer; Pearl Goldstein, secretary; Peter Saglembeni, financial secretary ; Bernie Brooks, Jack Gelber, trustees, and Harry Margolies, Jenny Dennett, Max Fried and Gelber, board of directors. A practical working tool for every projectionist F. H. RICHARDSON'S BLUEBOOK OF PROJECTION NEWLY REVISED with SOUND TROUBLE CHARTS AND ALPHABETICAL INDEX The newly revised Bluebook does a threefold job: (1) It gives a detailed description of the construction, wiring and functioning of every piece of sound and pro- jection apparatus used in a modern projection room. (2) It gives careful instructions on the operation and maintenance of this equipment. (3) It is a quick and effective trouble-shooter with sound trouble-shooting charts that enable the projectionist to spot and repair sudden breakdowns both in the projection and sound apparatus. The new edition is handy to keep and handy to use, with an alphabetical index system for quick, easy reference. You will find the revised Bluebook the most complete treatise of its kind and a sure solution to every projection problem. r I QUIGLEY BO O K S H O P | ORDER TODAY | ROCKEFELLER CENTER NEW YORK 1 $7.25 POSTPAID 1 Here's my check for $7.25. Please send me a copy of 1 | Richardson's Bluebook of Projection. (Revised Sixth Edition.) 1 1 Name 1 QUICLEY BOOKSHOP | Address 1 ROCKEFELLER CENTER - NEW YORK 1 City State | J 8 Motion Picture Daily Tuesday, January 7, 1941 Off the Antenna A T the conclusion of the first year's operation of WKRC, Cincinnati, by the Cincinnati Star-Times Co., Hulbert Taft, Jr., general manager, reported a gain of 116.8 per cent in total billings over 1939. The Star-Times assumed operation of WKRC in December, 1939. Comparing the initial two weeks of December, 1939 with December, 1940, Taft reported that network busi- ness from Mutual was up 368.9 per cent and national spot business was in- creased by 79 per cent. • • • Purely Personal: Fred Mears, assistant to the publicity director for Mutual, leaves tonight to join the Xavy Air Force. . . . Fulton Lewis, Jr., Mutual commentator, was selected one of the 10 outstanding young men of 1940 by Durwood Howes, editor of America's Young Men. Lewis was the only one of this year's selections to have been selected in 1939. . . . Martin Block, conductor of "Make Believe Ballroom" over WXEW , returned yes- terday from a 10-day vacation at Key West, Fla. . . . Marx Loeb, CBS pro- duction staff man since mid-December, is directing the Campbell morning shows over CBS for IVard, Wheelock Co. with Diana Bourbon concentrating on the Friday night programs. . . . James E. Gordon has been appointed vice-president and genera! manager of Jl'XOE, Xcw Orleans, to succeed Ray Huft, ordered to Army duty. • • • Lyn Murray, who composes original music for many of the CBS commercial shows, needed a musical automobile horn for one of his sound effects last week and sent an assistant to buy one. The BMI ex- perts, however, detected strains of "Anchors Aweigh" in the first one and Murray was compelled to reject it. The second horn played some- thing from "I Am an American," another Ascap tune. A concentrated search, however, disclosed an auto horn which played public domain music, Mendelssohn's "Hunting Song." • • • Rounding out the reorganization of the XBC program department. Frank E. Mullen, vice-president and general manager, yesterday appointed William B. Miller director of talks. Miller was formerly night program man- ager and that post will be taken over by J. dejara Almonte, assistant to the president. Almonte will continue to function as assistant to the presi- dent. • • • Program News: "Woman of Courage" yesterday added 23 stations for a total CBS network of 63. The program is heard Mondays through Fridays at 10:45 A.M. under the sponsorship of Colgate-Palmolive-Peet. . . . WNEW will devote six programs to the President's Birthday Ball. David Lowe will interview Jane Pickens Friday at 12 :30 P.M. and two other stage stars on the following weeks. There will also be three dramatizations on lan. 14, 21 and 28 for the Ball. . . . Hirsch Bros, will sponsor Dorothy Thompson's talks over WGRC, Louisville, beginning Sunday, for 12 weeks . . Rise Stevens will be guest of Raymond Paige on "Musical Americana" over NBC-Red Thursday at 10:30 P.M. Defense Unit Holds Initial FCC Session Washington, Jan. 6. — Members of the various committees of the De- fense Communications board met to- day with Chairman James L. Fly and other board officials for a discussion of policy, later breaking up into groups for the purpose of perfecting committee organizations. At the general session this morn- ing, Chairman Fly and other mem- bers of the board addressed more than 250 committee members attend- ing, outlining the problems and poli- cies to be dealt with. In connection with the conference, the board made public the names of committee members, broadcasting rep- resentatives on the Domestic Broad- casting Committee being Harry Butcher, vice-president of CBS, with Paul Porter as alternate ; John Shep- ard, 3rd, Boston, president of FM Broadcasters, Inc. ; W. E. McFarlane, president. Mutual Broadcasting Co. ; Neville Miller, President of the Na- tional Association of Broadcasters ; Frank M. Russell, vice-president, NBC; Harold A. LaFound, presi- dent, National Independent Broad- casters, and Dr. W. R. G. Baker, Na- tional Television Systems Commit- tee. Members of the International Broadcasting Committee included Butcher for CBS; Robert S. Peare. manager of broadcasting, General Electric Co. ; Miller for NAB ; John F. Royal, vice-president, NBC and Walter S. Lemmon, president, World Wide Broadcasting Corp., with Pro- fessor William Y. Elliott as alternate Mutual Gross for Year $4,767,054 Mutual's gross billings during De- cember soared 81.6 per cent over the same month last year for a total of $576,983 as compared with $317,699. The year's gross billings were $4,- 767,054, as compared with $3,329,782 for 1939, a rise of 34.3 per cent. The total gross billings for the four major networks thus were fixed at $96,455,603, an increase of more than $13,000,000 from the 1939 fig- ure of $83,113,801. Mutual showed the greatest increase with its 34.3 rise, with NBC-Blue next with 23.9; CBS with 18.8; and NBC-Red with 9.2. CBS, however, had the greatest volume with $41,025,549; the Red was second with $39,955,322 ; and the Blue was third with $10,707,678. Ohio Admission Tax Revenue $1,694,120 Columbus, O., Jan. 6. — Admission tax collections in Ohio for 1940 amounted to $1,694,120.39, as com- pared to $1,645,147.57 for 1939, a gain of $49,972.82. The tax repre- sents all types of amusements, and no breakdown of theatre admissions is provided. The state collected $190,710.95 in censorship fees in 1940, compared with $195,083.52 in 1939, a decrease of $4,372.57, according to figures re- leased by the State Treasurer. New Weekly Show Scheduled by CBC Montreal, Jan. 6. — Canadian Broadcasting Corp. will present a new weekly program, "Theatre of Free- dom," starting the first week in Feb- ruary. All arrangements are not yet complete, according to Gladstone Mur- ray, CBC general manager, but he re- vealed that a number of prominent screen and stage performers have of- fered their services free. The series, which will be heard Sunday nights between 9:30 to 10:30, is tentatively scheduled to begin with Paul Muni playing the leading role in Ibsen's "An Enemy of the People." Others on the schedule include Gals- worthy's "Strife," with Douglas Fair- banks, Jr. ; Maxwell Anderson's "Valley Forge," with Philip Meri- vale : Sir Robert V ansittart's "Vic- toria the Great," with Anna Neagle and George Sanders ; Drinkwater's "Abraham Lincoln," with Walter Huston ; George Bernard Shaw's "Saint Joan," with Katharine Cor- nell ; Arch Oboler's "This Precious Freedom," with Raymond Massey ; Shelly's "Hellas," with Eva LeGal- liene ; and Archibald McLeisch's "The Fall of the City" with Orson Welles. ITO Meets Tomorrow A luncheon-meeting of the Inde- pendent Theatre Owners will be held at the Astor tomorrow with Harry Brandt, president, presiding. Lincoln Holiday for Opening of 'Bishop' Lincoln, Jan. 6. — Mayor O. S. Copeland has designated Jan. 14 a public holiday in observance of the three-theatre premiere of "Cheers for Miss Bishop," the Richard A. Row- land production for LTnited Artists release. Contests to select local "Miss Bishops" are being conducted in 11 Nebraska cities and the winners will be presented from the stages of the Stuart, Nebraska and Lincoln The- atres on the premiere night. Holly- wood personalities, including Tay Garnett, the director ; Bess Streeter Aldrich, author of the story and a former Lincoln resident ; WTilliam Gargan, Neil Hamilton, Mary An- derson, William Farnum, Sterling Holloway, Rosemary DeCamp and others, will attend. The Coliseum on the University of Nebraska campus, seating 7,000, will be the scene of a luncheon, tea and official dinner preceding the pre- miere. Fights FCC Order Birmingham, Ala., Jan. 6. — Owners of WAPI here have petitioned the U. S. District Court to overrule a Federal Communications Commission order preventing them from transfer- ring the operating license to the Voice of Alabama, Inc. Air Audience Up 4.9% Since Ascap Battle (Continued from page 1) would be unwise for it to express any opinion as to the relative merits of the claims of the parties involved. The Hooper survey, which is made by telephone calls asking what pro- gram the listener is hearing at the time of the call, made more than 30,- 000 calls in 31 key cities during the three test nights. The 4.9 per cent increase was based on the listening audience for the same programs in the corresponding first week in De- cember. Results generally are not published until 10 days after they are determined but were released yester- day because of widespread interest in them. Musical programs covered in the survey included Fred Waring, Lanny Ross, Bob Crosby, "Pot o' Gold," "Fame and Fortune," Major Bowes, Glenn Miller, Alec Templeton, "Cities Service Concerts," "National Barn Dance," "Johnny Presents," "Waltz Time," Wayne King, "Pet Milk Serenade" and "Your Hit Parade." Five musical-variety programs sur- veyed were "Maxwell House Coffee Time," Bing Crosby, Rudy Vallee, Al Pearce, Kate Smith and Uncle Ezra. Television Faces FCC 'Showdown' (Continued from page 1) sible, it is said. First, NBC con- tends it has experimented sufficiently with program material, and will con- tinue experiments with technical equip- ment only until definite standards are set. Elaborate programs have virtu- ally been dropped. DuMont is work- ing on installation of a 50-watt trans- mitter, and no effort has been made toward program service. CBS has yet to shift over to its new channel, and WOR has merely participated in NTSC discussions. The second factor is the national defense program. Both RCA and Du- Mont have large defense contracts, and there appears some question whether it would be wise to launch a new indus- try when plant facilities are severely taxed. Court Asks Briefs Filed in WPEN Suit Philadelphia, Jan. 6. — Judge Guy K. Bard in Federal District Court to- day asked attorneys for the National Association of Performing Artists and WPEN to submit briefs on the question of whether the suits to re- strain the station from playing phono- graph records should be returned to the jurisdiction of the local Com- mon Pleas Court, as is thought by the society. Arguments on the issue were orig- inally scheduled to be heard. How- ever, Judge Bard said that if he found it necessary another date will be listed for argument. Otherwise, an opinion will be handed down on the basis of the brief filed. r » Alert, InteWgei amf~y to the^l gtion Picture Industry MOTION PICTURE DAILY trie in* — — — . OL. 49. NO. 5 NEW YORK, U.S.A., WEDNESDAY, JANUARY 8, 1941 TEN CENTS Neely Bill Has Small Chance In Congress Tobey Offers Measure to Probe Broadcasting Washington, Jan. 7. — Block booking and theatre divorcement bills reintroduced by Sen. Matthew M. Neely of West Virginia were regarded in Washington today as having little chance of considera- tion by Congress. Capital observers regard this as especially the case should the Senator resign to become Governor of West Virginia, as he is expected to do. The bills were resubmitted among a large number of measures which were pending when the last Congress adjourned. Similarly, Sen. Charles W. Tobey of New Hampshire reintroduced his resolution for an investigation of broadcasting, which he proposed last year after conducting long hearings on the reappointment of Thad H. Brown as a member of the Federal Communications Commission. RKO Sales Forces To Get Decree Data William Zimmerman, RKO home office attorney, left for Buffalo yester- day to conduct a meeting of the com- pany's branch sales force there on sales and operating procedure under the consent decree. Every RKO ex- change in the country will be visited by Zimmerman thereafter to instruct the company's entire field sales force in decree provisions. Five preliminary meetings were con- ducted by Zimmerman earlier in the East to obtain a cross section of the problems and questions regarded as most important by the sales force be- fore starting his cross-country trip. The meetings were held here, in Washington, New Haven, Boston and Albany. Tarkington Not to Attend His Trial Indianapolis, Jan. 7. — Booth Tar- kinaton will not attend trial of his $100,000 damage suit against Warners in New York, his secretary, Betty Trotter, said here today. Tarkington's iction involves the rights to his novel, 'Penrod and Sam." It was filed sev- ;ral years ago. U. A. Sales Drive In Honor of Kelly; $20,000 in Prizes The United Artists' domestic and Canadian sales organizations are con- ducting a drive in honor of Arthur W. Kelly, vice-president, recently named to head distribution. The drive, which began Monday, will con- tinue through April 19. Cash prizes aggregating $20,000 have been posted for winners in the drive and the company's sales force has been divided into three groups Each group consists of exchanges whose scope of operation is similar in order to equalize the competition. Exchanges in the first group are — Boston, Chicago, Cleveland, Detroit, Los Angeles, New York, Philadelphia, Pittsburgh and San Francisco. In the second group are Atlanta, Cincinnati, Minneapolis, St. Louis, Seattle, Wash- ington, Buffalo, Kansas City, Dallas and Eastern Canada. The third in- cludes Charlotte, Denver, Indianapolis, Milwaukee, New Haven, New Or- leans. Omaha, Salt Lake City and Western Canada. All employes in the winning branches will participate in the awards, with $1,000 to be given to each of the three winning branch managers. L. J. Schlaifer, special sales repre- sentative, has been named drive leader. On the judging committee, which will award the prizes, are Harry L. Gold, Haskell M. Masters, Schlaifer, Paul Lazarus, Nat Thompson and Charles Steele. NEGOTIATIONS ON II. S. MUSIC PEACE Billboards, Chance Games, Labor in N. Y. Legislature Washington Hears Criminal Prosecutions of NBC,CBSandBMIMayBeAvertedThrough Agreement with Department of Justice Washington, Jan. 7. — Possible forestalling of the Government's threatened criminal prosecution of NBC, CBS and BMI through an agreement with the Department of Justice on the operations of BMI in the music licensing field was suggested here today following con- ferences between their representatives and Department officials. Such a settlement, it is be- lieved, would not affect the Government's intentions of in- itiating criminal proceedings against Ascap. [Ascap officials were invited by the Department of Justice to at- tend a conference in Washington several days ago but declined, it was learned in New York yester- day. The explanation given was that no satisfactory statement concerning the purpose of the meeting was obtainable in ad- vance.] The efforts of NBC, CBS and BMI to reach some agreement with the Government were cited as explaining the delay in the filing of the criminal proceedings in Milwaukee, scheduled for early this week. Department officials refused to com- ment on the situation other than to admit that there have been discussions with the networks and BMI represen- tatives, but pointed out that they had also had negotiations with Ascap last month which came to nothing. The meeting here was with Victor O. (Continued on page 8) 'Little 3' Dismissal Hearing on Jan. 30 A hearing on the motion of United Artists, Universal and Columbia to dismiss the Government's amended anti-trust suit in U. S. District Court here was set for Jan. 30 before Fed- eral Judge Henry W. Goddard yes- terday. A similar motion is pending in con- nection with the Government's amend- ed action against the Little Three and the Griffith Amusement Co. in Fed- eral court at Oklahoma City where it is scheduled for hearing Jan. 28. Louis D. Frohlich of Schwartz & Frohlich, Columbia counsel, is preparing a mo- tion to dismiss the Government's (Continued on page 6) By RICHARD J. CONNERS Albany, Jan. 7. — The New York State legislature will inaugurate its new session tomorrow with Gov. Her- bert H. Lehman reading his annual message to the 150 Assemblymen and 51 Senators. Governor Lehman is ex- pected to renew his plea for restric- tion on advertising billboards along highways, a move thus far blocked by the opposition of labor and exhibitors. As revealed by Motion Picture Daily several weeks ago, Senator Phelps Phelps, Manhattan Democrat, will offer the first bill of interest to the industry tomorrow when he intro- duces a constitutional amendment to the law prohibiting gambling. Sen- ator Phelps seeks to legalize lotteries, to be state-operated with proceeds used for the general treasury or de- fense means. Legalization of chance games and dog racing, rejected as impractical in the past, may receive more considera- tion in 1941 due to the tremendous $5,998,000 revenue derived by the state in the first vear of the Dunni- gan-Penny pari-mutuel operation. Senator Phelps and Assemblyman Robert J. Crews probably will rein- troduce the two-men-in-a-booth meas- ure which they sponsored for the I.A.T.S.E. last session. Crews ob- tained a vote on this bill in the As- sembly two years ago on order of final passage. The State Federation of Labor's ex- ecutive committee has announced its intention again of backing a bill spon- sored by theatrical employes which would make directors of any corpora- tion responsible for the payment of wages. One defense-conscious bill which (Continued on page 6) Block-of-10 Sales Ordered in Cuba Borrowing a chapter from the Gov- ernment consent decree here, Cuba in the near future will publish a decree which will provide for the sales of pictures in blocks of 10 and for the establishment of arbitration for the in- dustry, Arthur Pratchett, Paramount manager for Central America, now here, said he had been advised from Havana yesterday. The decree is regarded as a com- (Continued on page 6) Reviewed Today Reviews of "Land of Lib- erty" and, from Hollywood, "Maisie Was a Lady" are on Page 4. 2 Motion Picture Daily Wednesday, January 8, 1941 Personal Mention Coast Flashes Hollywood, Jan. 7 D ACIFIC Coast Conference of In- dependent Theatre owners will hold its quarterly meeting of trustees Jan. 12 and 13 in Portland Ore. The New York case consent decree will be analyzed by the officers with Albert J. Law, former assistant U. S. At- torney General and now counsel for the organization. Attending from Los Angeles will be Robert H. Poole, ex- ecutive secretary, Hugh Bruen and jack Berman, trustees. H. V. (Ro- tus) Harvey and Ben Levine will represent San Francisco, L. O. Lukan and William Ripley, Washington and Robert White and A. West Johnson, Oregon. • It was announced today that "Fan- tasia" will open its local run Jan. 29 at the Carthay Circle, as published re- cently in Motion Picture Daily. The formal premiere will be at $5.50 top, with roadshow prices thereafter. • Universal will hold the world pre- miere of "Back Street," Charles Boyer-Margaret Sullavan film, in Miami Feb. 4. Bruce Manning, the film's producer, and others will attend from Hollywood, together with home office representatives and key city newspaper critics. Darryl F. Zanuck returned to the studio today by plane from the East. NEIL AGNEW, Paramount vice- president and distribution head, will return to New York from the Coast on Friday. Robert Gillham, advertising and publicity director, will arrive from the Coast on Monday. • Roy Haines, Warners Eastern sales manager, returns today from Washington. • Abe Schneider, Columbia treasurer, is vacationing in Florida. • Jules Lapidus, New York district manager for Universal, left yesterday for Boston. He will stop also at New Haven and Philadelphia before re- turning at the end of the week. • H. M. Richey, assistant to William F. Rodgers, general sales manager of M-G-M, leaves today for the studio. • Harry F. Shaw, Loew-Poli div- ision manager in New Haven, will have charge of newsreel activity at the inauguration of Governor Hurley of Connecticut at Hartford today. • William K. Saxton, Loew's city manager in Baltimore, enters Sinai Hospital this week for an operation. • Fred Warner, operator of the Paramount, New Haven, and Mrs. Warner, plan to leave soon for Florida by car. • Irving Martin, publicity man at the Stanley in Baltimore, is spend- ing a brief vacation at Richmond. GRADWELL L. SEARS, War- ner general sales manager, has postponed his Coast trip to February. • Adolph Schimel, Universal home office attorney, will return from the Coast early next week. • J. Walter Ruben, M-G-M pro- ducer, and his wife, Virginia Bruce, are here for a two-week vacation. • Charles Levine of the Strand Amusement Co., Bridgeport, Conn., will leave for a Florida vacation later this month. • Edmund C. Grainger, Gradwell L. Sears, Adolph Zukor, Charles Casanave, Tobey Gruen, Arthur Pratchett, William Orr, Sam Shain, Max A. Cohen, Leon Net- tee, Sam Spring, E. K. O'Shea, Herman Gluckman, A. Bernstein, John W. Hicks, Oscar Morgan, Charles Reagan and George Welt- ner having lunch at Nick's Hunting Room in the Astor yesterday. • Arthur Mayer, Joseph Malcolm, Maurice Bergman, William Fitel- son, Charles Paine, Walter Fut- ter, I. E. Lopert and Emanuel Sil- verstone at the Tavern yesterday for lunch. • B. S. Moss, Hal Horne, Lou Brandt and Charles Stern lunch- ing yesterday at Lindy's (51st St.). • Al Richard, Austin Keough, Leonard Goldenson, Vincent Trot- ta, Arthur Krim, Edward Chod- orov, Otto Preminger, Dave Blum, William Melniker and Henry Krecke at Sardi's for lunch yesterday. • Abe Montague, Nate Spingold, Lou Weinberg, Monroe Greenthal and Al Margolies having lunch yes- terday at Lindy's (next to the Rivoli). Blank, Branton to Parley on Defense Des Moines, Jan. 7. — A. H. Blank and G. Ralph Branton, heads of Tri- States Theatre Corp., left for Chicago today to attend the exhibitors meet- ing on national defense cooperation there this week. Blank will also at- tend a meeting of the committee in charge of the fifth anniversary testi- monial for Barney Balaban, Para- mount president, to be held in Chi- cago Jan. 23. Branton will continue to New York for Paramount home office con- ferences. Cowdin's Father Is Dead Here, Aged 83 John Elliott Cowdin, father of J. Cheever Cowdin, Universal board chairman, died yesterday at Harkness Pavilion after a long illness. He was 83 years old. Funeral services will be held tomorrow at 10:30 A.M. at St. James Church, Madison Ave. and 71st St. Burial will be private. Set Des Moines Shows Des Moines, Jan. 7. — The Orpheum here will return stage attractions to Des Moines starting Jan. 24, with production shows from the regular RKO circuit presented. Newsreel Parade PRESIDENT ROOSEVELT'S ■L message to Congress is given foot- age in the new issues about equal to that given him last week. Paramount News offers a review of the past year's important events with the re- action to each as seen in newspaper cartoons which have been animated b\ the Fleischer studios. MOVIETONE NEWS, No. 35— Roosevelt addresses Congress. King George visits Southampton. Petain in Marseilles. De Gaulle with the French fleet in England. Victory celebration in Athens. Harry Hop- kins departs for London. Ambassador Phillips leaves for Rome. Zanuck wins film critics award. Amateur boxing in Washington. Ski jumping in Wisconsin. NEWS OF THE DAY, No. 233— Roose- velt's address to Congress. Petain in mili- tary ceremony. De Gaulle in England. Greece celebrates victories. Mrs. Roosevelt wears new gowns. Ski meet at Bear Moun- tain. Badminton matches. PARAMOUNT NEWS, No. 38— Outstand- ing events of 1940. RKO PATHE NEWS, No. 38— Roosevelt's speech. Hopkins to England. Brazil re- inforces its navy. Football "bowl" games. UNIVERSAL NEWSREEL, No. 943— Roosevelt's address to Congress. Christmas celebrated in England. De Gaulle inspects French ships in England. Mummers parade in Philadelphia. Hopkins flies to London. Water sports in Miami. Ski meet in Wis- consin. East-West football game. Balaban, Ramsaye Address Para, Club The motion picture industry is the third largest in the country and the first in public interest, Barney Bala- ban, Paramount president, said in a talk to the educational committee of the Paramount Pep Club, employes' organization, at the home office yes- terday. Terry Ramsaye, editor of Motion Picture Herald, addressed the club on "Success Is Where You Find It," re- counting little known anecdotes of the careers of leading industry personal- ities. Balaban traced the development of the theatre business from 1907, when the first B. & K. theatre was estab- lished in a former store equipped with camp stools. The speakers were in- troduced by Claude Lee of Paramount. Arthur Israel, club president, pre- sided at the meeting. MOTION PICTURE DAI LY (Registered U. S. Patent Office) Published daily except Saturday, Sunday and holidays by Quigley Publishing Company, Inc., 1270 Sixth Avenue, Rockefeller Center, New York City. Telephone Circle 7-3100. Cable address, "Quigpubco, New York." Mar- tin Quigley, Editor-in-Chief and Publisher; Colvin Brown, Vice-President and General Manager; Watterson R. Rothacker, Vice President; Sam Shain, Editor; Alfred L. Finestone, Managing Editor; James A. Cron, Advertising Manager; Chicago Bureau, 624 South Michigan Avenue, C. B. O'Neill, manager; Hollywood Bureau. Postal Union Life Building, William R. Weaver, Editor; London Bureau, 4 Golden Square, London Wl, Hope Williams, manager, cable address "Quigpubco, London." All contents copy- righted 1941 by Quigley Publishing Com- pany, Inc. Other Quigley publications: Motion Picture Herald, Better Theatres, International Motion Picture Almanac and Fame. Entered as second class matter, Sept. 23. 1938; at the post office at New York, N. Y., under the act of March 3, 1879. Subscription rates per year $6 in the Americas and $12 foreign. Single copies 10c. LOUELLA 0. PARSONS writes: FAST-MOVING... REAL LAUGHS... ROSALIND RUSSELL AND MELVYN DOUGLAS SWELL! V ■.?: 1 * 3 WAYS TO GET OUT OF HOCK! X^ith chuckles and shekels M-G-M has started its 1941 career in a )laze of box-office glory. Laughing their way into record business ire "COMRADE X" and "PHILADELPHIA STORY" whose ustaining power in its day-and-date Los Angeles engagement nd whose sensational Music Hall business gives you an idea of diat to expect. (3d week at the Music Hall and going bigger than ver after setting a five-year record!) "COMRADE X" is in its 3d »ig week at the Capitol, N. Y., and a hold-over joy everywhere. FLIGHT COMMAND" is just what America and your box- >ffice crave right now. Three in a row and it's only the start of a tappy and FRIENDLY New Year. CLARK GABLE • HEDY LAMARR in "COMRADE X." A King Vidor Produc- tion with Oscar Homolka, Felix Bressart, Eve Arden. Screen Play by Ben Hecht and Charles Lederer. Directed by King Vidor. Produced by Gottfried Reinhardt An M-G-M Picture CARY KATHARINE JAMES GRANT * HEPBURN * STEWART in "THE PHILADELPHIA STORY" with Ruth Hussey, John Howard, Roland Young, John Halliday, Mary Nash and Virginia Weidler. Screen Play by Donald Ogden Stewart. Based on the Play by Philip Barry, produced by The Theatre Guild Inc. Directed by George Cukor. Produced by Joseph L. Mankiewicz. An M-G- M Picture > With the Gratefully Acknowledged Co- operation of the United States Navy, Metro-Goldwyn-Mayer presents ROBERT TAYLOR in "FLIGHT COMMAND" with Ruth Hussey, Walter Pidgeon, Paul Kelly, Shepperd Strudwick, Nat Pendleton, Red Skelton. A Frank Borzage Production. Screen Play by Wells Root and Commander Harvey Haislip. Directed by Frank Borzage. Produced by J. Walter Ruben An M-G-M Picture 4 Motion Picture Daily Wednesday, January 8, 1941 Feature Reviews "Land of Liberty" {Sponsored by the Industry — Released by M-G-M) C PONSORED by the Motion Picture Producers and Distributors of ^ America and released by M-G-M on a non-profit basis, for the bene- fit of various war relief funds, this , cavalcade of American history is at once a magnificent job of film editing and a powerful example of screen propaganda in its finer sense. The experienced and expert hand of a master craftsman is readily apparent in the editing by Cecil B DeMille. He was assisted by Herbert L. Moulton, Francis S. Harmon, Arthur H. DeBra and William H. Pine. James T. Shotwell, noted historian, acted as historical con- sultant, and the commentary was by James MacPherson and Jesse Lasky, Jr. This is the picture which, in greater length, was shown at the New York and San Francisco World's Fairs of 1940, after long prep- aratory effort in which virtually every studio in the film business participated. With bits culled here, there and everywhere, from newsreel clips, features and short subjects produced over the years on varied American historical events, the editors have compiled in effect a screen history of the United States of America, in highlight. With the actual sound track of the film sequences used in many in- stances, with others suplemented by an accompanying narration, has been woven a compact, swiftly moving panorama of the beginnings and the growth of this great nation. It is studded with the drama which is mherent in the development of a united people, through bloodshed, hardship and innumerable growing pains. The story is carried through from the early settlement of the Pilgrims in Massachusetts, the Revo- lution, the Westward trek, Civil War, reconstruction, industrial devel- opment and the Panama Canal, the World War and the present conflict which finds us involved in the convulsions of the world. The concluding sequences in Technicolor of city and mountain vistas are almost breath- taking in their beauty. In consideration of the present temper of the people of this country, general world conditions and the preoccupation of the nation with matters of freedom and the support of the democratic ideal, this film should find strong popular support at the theatre. Running time, 98 minutes. "G."* Charles S. Aaronson "Maisie Was a Lady" {M-G-M) Hollywood, Jan. 7 HP HIS fourth in the Maisie series of comedy dramas profits by *■ strengthening of cast and broadening of story. With Ann Sothern, who continues her portrayal with expertness, are Lew Ayres as the rich young man whose life she influences, Maureen O'Sullivan as his sister, C. Aubrey Smith, Joan Perry, Paul Cavanagh and Edward Ashley, plus a large supporting cast. The film opens with Miss Sothern appearing as headless woman in a carnival and Ayres as a millionaire drunk who breaks up the show. She loses her job, he lends her his car, she is arrested on suspicion of having stolen it, and the judge, weary of his escapades, sentences him to employ her for two months at the salary she received from the carnival. With this start, the story moves into his wealthy home, where she is established as maid, and in this setting her outspoken manner creates conflicts with the house guests. Her sympathy is drawn to the daughter of the household, about to be married to a man who covets her fortune, and she brings the girl's absentee father and errant brother to a proper appreciation of the girl's position and problems. An engagement with the brother, now reformed, follows. J. Walter Ruben produced the picture, with Edwin L. Marin directing. Betty Reinhardt and Marcy C. McCall, Jr., wrote the script from a story by Miss Reinhardt and Myles Connolly. Emphasis is switched from comedy to drama and back again repeatedly as the story progresses. Running time, 78 minutes. "G."* Roscoe Williams MPPDA Directors Study Money Split Problems associated with the alloca- tion among the eight major com- panies of the $12,900,000 which may be withdrawn from Great Britain this year again occupied the M.P.P.D.A. Board of directors at an adjourned quarterly meeting yesterday. The board is scheduled to meet again early next week, Will H. Hays, president, having postponed a pro- jected trip to the Coast this weekend. He will leave later to attend the an- nual meeting of the Association of M. P. Producers in Hollywood, Feb. 4. Circuit executives were called in for yesterday's board meeting to discuss exhibition plans for "The Land of Libeity," the industry's cooperative film being distributed by M-G-M in the interests of national solidarity and charity. Among the circuit executives present were : Leonard Goldenson and Leon Netter of Paramount ; C. C. Moskowitz, Loew's ; Charles Skouras and William Powers, National Thea- tres, and L. E. Thompson, RKO. At the board meeting were : Jack Cohn, E. W. Hammons, Joseph Hazen, Hays, Frederick L. Herron, Austin Keough, W. C. Michel Charles D. Prutzman, George J. Schaefer, Nicholas M. Schenck and Maurice Silverstone. Operator Gets Job Back in Arbitration Justice McGarry in Supreme Court Brooklyn, yesterday confirmed an ar- bitration award in favor of Empire State Operators Union ordering the reinstatement of Walter Underhill, a projectionist formerly employed by the Grand Theatre in Brooklyn, operated by Abraham H. Levy. Underhill was discharged last year when the United Theatrical & M. P. Service Employes Union signed a con- tract with the house. Empire filed a complaint with the State Labor Rela- tions Board and the controversy was submitted to arbitration by Sidney A. Wolff. Back pay for Underhill was waived because he has been steadily employed since his dismissal. Boudin, Cohn & Glickstein represented Em- pire. Lodge Will Install Officers on Jan. 21 New officers for 1941 of the Cinema Lodge, B'nai B'rith, will be installed Jan. 21 at the Hotel Edison. The pro- gram will be featured by an address by Dr. Abraham Sachar of the Uni- versity of Illinois, national director of the Hillel Foundation. Arthur Is- rael, Jr., is president of the lodge. Industry executives and high B'nai B'rith officials are among those who have accepted invitations to attend the installation. A membership meeting this week heard reports by the membership com- mittee headed by Robert Weitman, and the arrangements committee for the second annual ball, of which David Weinstock is chairman. Bill Elliott to Tour Hollywood, Jan. 7.— "Wild" Bill Elliott, Columbia western player, will leave Jan. 10 for a personal appear- ance tour in the South. * "G" denotes general classification. Sanders' Father Hurt Henry Sanders, father of Errol Sanders, head of the RKO home office mail and messenger service, was wounded by bomb splinters recently in Birmingham, England, according to a cablegram received by his son. Protests Price Rise Northhampton, Mass., Jan. 7. — Alderman Francis P. O'Donnell has protested increased prices at the Cal- vin Theatre. He has called on Mayor O'Connor to prevent a recurrence of the increase. Circuit Meet Friday On Paralysis Drive Theatre managers and circuit dis- trict managers, together with home office executives of at least five of the leading circuits in the New York — New Jersey area, will hold a joint meeting at 11 a.m. Friday at the Hotel Astor, to outline plans for helping the National Foundation for Infantile Paralysis drive. More than 760 out of the 1,187 theatres in the New York exchange area already have enrolled to co- operate in the "March of Dimes" drive, which takes place the week of Jan. 16. The circuits to be represented at Friday's meeting include Loew's, RKO, Brandt, Skouras and Rand- force. The group will be addressed by C. C. Moskowitz and Harry Brandt, co-chairmen of the New York Theatres Committee. Balaban to Discuss Film Ad Problems The job of the film advertising man in relation to present industry conditions will be discussed by Barney Balaban, Paramount president, at the Ampa luncheon meeting at the Hotel Edison tomorrow. Because of the ill- ness of John C. Flinn, who was scheduled as toastmaster, the guest speaker will be introduced by Charles C. Petti john, general counsel of the M.P.P.D.A. Ampa officials expect about 200 to attend the luncheon. Another speaker will be Jean Hersholt, president of the Motion Picture Relief Fund. The Ampa board at a meeting yes- terday discussed plans for the Silver Jubilee anniversary dinner and dance to be held April 4 at the Edison. W. B. Shifts Theatre Men in Philadelphia Philadelphia, Jan. 7. — Realign- ment of Warner first run managers here, resulting from the resignation of David Weshner as supervisor of first run houses to become exploita- tion director for United Artists, were completed yesterday. Maurice Gable, manager of the Boyd, succeeds Weshner; Harry Tar- ante, manager of the Aldine, replaces Gable ; George Balkin, assistant man- ager of the Fox, replaces Tarante ; Harold Seidenberg becomes manager of the Earle, and William Israel be- comes manager of the Fox. A. A. A. Names Wood As Film Comptroller The American Arbitration Associa- tion yesterday appointed Elbert Morse Wood as comptroller and the firm of Kurz & Kurz as auditors of the in- dustry's arbitration system. Wood is a member of the New York State Society of Certified Public Accountants and has served as district auditor for the Philippine Islands. He aided in the formation of an accounting system for the American Red Cross. The newly appointed aud- itors have set up the financial system for the 31 industry arbitration boards. Kirkeby Forms Company Springfield, III., Jan. 7. — A char- ter has been granted to the Kirkeby Amusement Co., Chicago. Incorpo- rators are A. S. Kirkeby and H. S. O'Neal. 6 Motion Picture Daily Wednesday, January 8, 1941 Billboards, Chance Games Up at Albany (Continued from page 1) may be introduced early in the session would overcome the present inability of the Motion Picture Division to cen- sor propaganda pictures and news- reels. Section 1082 of the Education Law limits rejections to immoral, sacrilegious grounds, etc. With more foreign-made pictures licensed in 1939- '40 than in 1938-'39, some check on foreign propaganda is likely to be sought. Spearhead of the drive to eliminate billboard advertising along highways are safety groups, civic improvement societies, garden clubs and realtors, while many downstate legislators are opposed due to labor opposition and upstate solons oppose due to restric- tion of small handbills which rural exhibitors post along farm barns and roadside property advertising their bookings. Exhibitors do not look for any new taxes on their box-office but may get behind a new anti-Ascap bill to proj- ect the spotlight on the per seat music charge in view of the drive by broad- casting networks against Ascap. Reopen Atlanta Theatre Atlanta, Jan. 7. — Lucas & Jenkins have reopened the Roxy and will play holdover shows. Ed Shepard, former assistant manager of the Paramount, is the new Roxy manager. Heroine San Francisco, Jan. 7. — Mickey Bell, Warfield The- atre cashier, not only is a heroine to co-workers — as a result of maneuvering the capture of a would be box- office bandit — but has been handsomely rewarded by the management. She kidded a robber while stepping on a buzzer which attracted the attention of John Strachan, assistant manager, who over- powered the man. 'Little 3' Dismissal Hearing on Jan. 30 (Continued from pape 1) amended complaint in Federal court at Nashville and will file the action there in the near future. Benjamin Pepper of O'Brien, Dris- coll & Raftery, United Artists and Universal counsel, yesterday asked for the Jan. 30 hearing because Edward C. Raftery of defense counsel will be at United Artists meetings on the Coast during the next two weeks. Reserves Decision N. Y. Supreme Court Justice Peter J. Schmuck yesterday reserved de- cision after a two-day trial of the suit of Stephen Tamas against 20th Century-Fox. Tamas claims he was asked to prepare a scenario in 1936 for a Shirley Temple film later called "Stowaway," that it was rejected and a similar one by Samuel Engel sub- stituted. He seeks damages. Loew-Lewin Picture Premiere in Miami World premiere of "So Ends Our Night," first David L. Loew-Albert Lewin production for United Artists release, has been set for Jan. 24 in Miami, with a simultaneous opening at the Lincoln and Surf theatres. Seats will be reserved, at $2.20 top. Loew and Lewin, now en route to New York from Hollywood, will at- tend. 'Le Moko' to Open at World Theatre Here "Pepe Le Moko," French film pro- duced by Paris Film Productions, directed by Julien Duvivier, and re- leased in this country by Mayer & Burstyn, will open at the World Theatre at the conclusion of the cur- rent run. From this picture the American film, "Algiers," starring Charles Boyer, was produced. The original French film was reviewed in Motion Picture Daily on March 29, 1937, by Pierre Autre, Paris correspondent. At that time he said the film "may be considered one of the finest achieve- ments of the French studios." Reviewers in Atlanta Vote 'Rebecca' Best Atlanta, Jan. 7. — Atlanta news- paper critics were unanimous in se- lecting "Rebecca," produced by David O. Selznick, as the outstanding film of 1940. Ernest Rogers of the Atlanta Journal picked also "Boom Town," "Our Town," "Great Dictator," "For- eign Correspondent" and "Howards of Virginia." Lee Rogers, film editor of the Atlantic Constitution, also named: "All This and Heaven, Too," "The Letter," "Susan and God," "Foreign Correspondent," "Pastor Hall," "Our Town," "Boom Town," "Ghost Breakers," "Pride and Prej- udice" and "My Favorite Wife." Para, Seeks Olivier And Leigh for Film Hollywood, Jan. 7. — Laurence Olivier and Vivien Leigh, now home- ward bound for England, will be sought for the leads in James M. Barrie's "The Admirable Crichton," which Paramount plans to produce in England, David Rose, in charge of Paramount's British production, dis- closed. He will discuss the matter with them upon his return to England, for which he plans to sail Jan. 25. Rose expects to make "Hatter's Castle" first, however. New Orleans Music Unit Names Pepitone New Orleans, Jan. 7. — Giacomo Pepitone has been reelected president of the Musicians' Mutual Protective Union here. Other officers are : Charles Hart- man, vice-president ; Robert Aquilera, recording secretary; Ralph L. Chabao, financial secretary and Sal Castigliola, sergeant-at-arms. An- thony Almerica, E. G. Gerbrecht, E. D. Fontana, Leo Brokehaven and Jean Paquay were chosen members of I the board of directors. Block-of-10 Sales Ordered in Cuba (Continued from page 1) promise measure to replace the anti- block booking law which was sched- uled to go into effect Jan. 1, but which was opposed by both exhibitors and distributors in Cuba. A committee of nine government officials has been named to draw up the new Cuban decree. It will provide for an arbitration committee of dis- tributor and exhibitor association rep- resentatives and a representative of the Cuban Department of Commerce, the latter to be chairman. It will arbi- trate all disputes arising within the industry, Pratchett said he was ad- vised. Pratchett will leave for Mexico City next weekend with John W. Hicks, Paramount vice-president and foreign manager. The two will con- duct a meeting of Paramount's Cen- tral American managers in Panama City, Feb. 6 to 8. Seeks Withdrawal From Reading Suit Philadelphia, Jan. 7. — Federal Judge Bard today reserved decision on the motion of David B. Brodstein, op- erator of the Orpheum, Reading, to have his name stricken as a defend- ant in the anti-trust suit filed last November by Harry Block and Henry Sork, Reading exhibitors. Brodstein claims that as operator of a single house he was not involved in the clear- ance situation made the basis of the suit against seven exhibitor groups and the major distributors. College Presidents Will Tour Studios Hollywood, Jan. 7. — College presi- dents attending the annual convention of the Association of American Col- leges in Pasadena will be guests Saturday at a luncheon at MGM, given by the Academy of Motion Pic- ture Arts and Sciences. Walter Wanger will preside. A tour of the studios will follow the luncheon at which representatives of various film organizations and stars will speak. Montana Screen Club Established Butte, Mont., Jan. 7. — The Mon- tana Screen Club has been organized here. Edward Loy has been elected president and Bert Hensen, vice-pre- sident. Other officers are: Harry Swon- son, secretary and treasurer, and Clyde Anderson, publicist. The board of directors comprises Anderson, Frank Berryman, Sam Appleman, Joseph Kracher, Cordell Enrooth and Frank Larsen. Briefs Due Saturday In Indiana Tax Suit Indianapolis, Jan. 7. — Judge Henry O. Goett has set Saturday as deadline for filing briefs by plaintiff exhibitors and defendant Indiana state officials in the test suit which asserts that state gross income tax levies on percentage films constitute a "double tax." t« CRITICS LOVE KvV.-.aiA DMi rn i/ J Sparkle and zes tain to lift it into top bracket of box-office pictures for 1941!" J. D. Spiro, CLEVELAND PLAIN DEALER I messace to ,187 THEATRES — including YOURS ! THE week starting January 16th has been set as "MARCH OF DIMES" WEEK in the motion picture theatres of the New York exchange area. There are 1,187 theatres in this area— including YOURS! So far over 760 theatres have gladly, enthusiastically volunteered to cooperate. Indications are that every one of the 1.187 will join this worthy cause— including yours. It is hoped to gather millions of dimes from moviegoers for the National Foundation for Infantile Paralysis! If you are at all familiar with this in- spiring charity, we know you will lend your cooperation eagerly. This is one charity your patrons will he happy to help with their dimes. Special, colorful receptacles will be supplied for all theatre lobbies bv the Infantile Paralysis Foundation campaign committee at no cost to you. A special emblem, to give those who contribute, will be supplied to you at no cost. (This expense has been paid by private donations from several • exhibitors.) Trailers to insert in newsreels will be sent to you gratis. This is a grand opportunity for the motion picture exhibitors to do a great public service. Write, wire or phone your zone committee chairman that you will cooperate. HARRY BRANDT— C. C. M0SK0WITZ COMMITTEE FOR NEW JERSEY J. J. Thompson Harry Hecht COMMITTEE FOR MANHATTAN Martin Oev/ne leo Brecher COMMITTEE FOR BROOKLYN Samuel Rinzler D. Weinstock Co-chairmen for New York area SI FABIAN Treasurer COMMITTEE FOR UPSTATE N. Y. Max Cohen COMMITTEE FOR THE BRONX tourence Bolognino Joe Katsh COMMITTEE FOR QUEENS Frank Moscato Samuel Strausberg COMMITTEE FOR LONG ISLAND and STATEN ISLAND Si Fabian The committees are grateful for the immediate and whole-hearted response from the following circuits: Loew's, RKO, Brandt, Fabian, Harry Hecht, Cocalis, Randforce, Century, Consolidated, Leo Brecher, Max Cohen, Raybond and others. PAGE DONATED BY THIS PUBLICATION 8 Motion Picture Daily Wednesday, January 8, 1941 Negotiations On for U. S. Music Peace {Continued from pane 1) Waters, who has been handling the Ascap-BMI case for the Government. Indictment Would Bar Contracts, Says Ascap Ascap officials in New York yester- day stated that should the Government obtain a criminal indictment against the society it would act as a complete bar to any licensing contracts with the networks until after trial of the criminal charges. Ascap, it was said, would have to regard the making of contracts with networks as an act in support of whatever conspiracy and monopoly might be alleged by the Government in obtaining its indictment. Ascap officials also said that they would attempt to avoid a trial of any case which the Government might bring against the society in Milwau- kee before Federal Judge F. Ryan Duffy on the grounds that, as the sponsor of copyright legislation inimi- cal to Ascap while a United States senator, he had shown prejudice against the society. His disqualification would be asked, it was said, but the society is willing to go to trial be- fore any other Federal judge in Mil- waukee. Broadcasters and BMI Heads Meet Washington, Jan. 7. — A joint meeting of the executive committee of National Association of Broadcasters, the board of directors of BMI and the executive committee of Independent Radio Network Affiliates was held here today. At its conclusion, Neville Miller, NAB president, issued the fol- lowing statement : "We had a general discussion of all phases of the music situation. Of course all of us were delighted with the way that radio stations all over the United States have been able to continue their excellent public enter- tainment without Ascap music. In our opinion this means that radio has won its fight to break Ascap's strangle- hold on American music and creative talent." First 'Soundies' Ready The Roosevelt-Mills coin film ma- chine organization has completed its first reel of "Soundies" consisting of eight band presentations, each run- ning about three minutes. Orchestras of Vincent Lopez, Will Bradley and Ray Kinney are featured. Ascap Controls University Song St. Louis, Jan. 7. — Station WEW operated by St. Louis University, will be unable to use the school's varsity song because the number is con- trolled by Ascap. In view of the current dispute in radio music. WEW has tem- porarily discontinued the Public School Music Series, a weekly feature. Off the Antenna HAVING completed installation of filters which will permit use of the same antenna for both FM and television, NBC has inaugurated FM programs which will be heard Wednesdays through Sundays instead of Mondays through Fridays. The hours of 3-11 P.M. will remain the same and regular network programs will continue to be used. One important shift, however, will be the change from 43.9 m.c. to the new frequency of 45.1. Use of the new antenna will make possible an all-directional service for FM instead of the former uni-directional transmission. With the antenna atop of the Empire State Building, the all directional antenna will make possible much broader service. Purely Personal: Irving Price has been named WNEW promotion man- ager. Maurice Hart, formerly with WMCA and W A AT, has joined the station's announcing staff. . . . Jane Cowl will be guest on "Luncheon at the Waldorf" Saturday. . . . Marie Stark zvill appear as co-announcer with her husband, Charles Stark on "The Home of the Brave" over CBS, Mondays through Fridays at 2:45 P.M. • • • Four new stations will join the Mutual network within the next eight days. Three Arkansas outlets will join Sunday. They are KGHI, Little Rock, 1,200 k.c, 250 watts; KWSC, Hot Springs, 1,310 k.c, 250 watts, and KOTN, Pine Bluff, 1,500 k.c, 250 watts. The fourth, which will join next Wednesday, is WPAY, Portsmouth, Ohio, operating on 1,370 k.c. with 100 watts. • • • WKBW, Buffalo, having been designated a Class 1 clear channel station by the FCC, has started work on its new transmitter and expects to go from 5,000 watts to 50,000 on July 1. Its night time coverage will in- crease from 1,400 square miles to 8,800, according to figures submitted to the FCC, while the population reached will be raised from 881,400 to 1,225,000. The evening rate will be raised from $350 to $400, effective when the new- power boost goes into effect. At about the same date, WKBW will become the exclusive CBS outlet in Buffalo writh WGR carrying only a few hours of CBS shows on Sundays. • • • The basketball broadcasts zvhich were a highlight of last Winter's sports program over WNEW but which failed to return to the air this year because no sponsor could be found, will be heard shortly via CBS. Mel Allen will describe the final minutes of the second game from Madison Sauare Garden with a summary of the first game's action during the regular "Sports Time" series which is heard over the network Mondays through Saturdays at 11 P.M. • • • WOC, Davenport, la., will join NBC-Blue as a basic station March 16 as the 228th NBC affiliate, with WWVA, Wheeling, W. Va., which was previously announced, joining the Blue May 2 as the 229th affiliate. WOC operates on 1,370 k.c. with 250 watts. The network rate will be $120 per evening hour and $10 for night time cut-ins. Canadian BMI Asks Royalty Share Toronto, Jan. 7. — The musical copyright situation in Canada became more complex when it was announced by Joseph Sedgwick of Toronto, legal representative of Broadcast Music, Inc., of Canada, that application had been made to the Dominion Govern- ment for a "share" of the radio per- forming royalties from all broadcast- ing stations in the country, now col- lected to the authorized limit of 8 cents per set on a quota basis from the studios by the Canadian Perform- ing Right Society. The Canadian BMI is entitled to at least one cent per receiving set for the use of its music by Canadian net- works and stations and this should be deducted from the amount received by the society because BMI does not want an increase in the annual license fee for music users, including radio stations, theatres, hotels, and orches- tras, according to Sedgwick. The rate of 8 cents per set was fixed for the Canadian Performing Right Society following an inquiry into the copy- right control situation by Judge Parker in Toronto in 1935. On the other hand, the Society con- tends that it is entitled to the whole license fee to be collected from broad- casters and that the rate should be raised to 14 cents per set for its own use, without regard to BMI. The So- ciety claims that it represents 50,000 composers and that it controls more than 2,000,000 musical works, on which BMI has no say or jurisdiction. The whole problem has been placed before the Copyright Appeal Board in the form of applications by BMI and the Performing Rights Society and will be dealt with when the Board meets Feb. 12. Bergman in 'Dr. JekylV Hollywood, Jan. 7. — Ingrid Berg- man will play opposite Spencer Tracy in M-G-M's "Dr. Jekyll and Mr. Hyde." The story was made by M-G-M several years ago. Ben Cohn to Produce Hollywood, Jan. 7. — Ben Cohn, formerly with Warners in New York, has formed Ben Cohn Productions to make three pictures, for which he is seeking a major release. He said Eastern capital is financing. BBC Workers Killed In German Bombings Several members of the British Broadcasting Co. staff in England were killed and a number injured in recent German bombings, according to dispatches from London yesterday on the basis of in- formation just released. The BBC headquarters have been seriously damaged. That Fred Bate, NBC London corre- spondent, was injured during a bombing Dec. 8 had previ- ously been made known. Kirby Radio Expert In War Department Washington, Jan. 7. — The War Department announced today that President Roosevelt has approved the appointment of Edward M. Kirby, director of public relations for the National Association of Broadcasters, as a "dollar a year" expert in radio broadcasting. Kirby will serve in the public rela- tions branch of the office of the Deputy Chief of Staff. He has been given leave of absence with pay by the N.A.B. for such time as he may be required by the Government. Meanwhile, the Defense Commis- sions Board tonight made public the results of organization meetings of its committees yesterday. Neville Miller, president of the N.A.B., was elected chairman of the Domestic Broadcasting Committee, with Andrew D. Ring, Assistant Chiei Engineer of the Federal Communica- tions Commission in charge of broad- casting, as secretary. Walter Evans of Westinghouse Electric and Manufacturing Co. was elected chairman of the International Broadcasting Committee, with Philip F. Siling of the FCC Defense Div- ision, as secretary. 104 Sponsors Make WOR Record in Nov. November sponsors set a record on WOR with 71 national accounts and 33 local sponsors, it was reported yes- terday. The 104 total for the month was 30 per cent higher than the same month in 1939, it was said. Seven of the sponsors were for con- fections and soft drinks ; six, drugs and toilet goods ; five, wines and beers ; and three, soaps and household goods. At the same time, WOR announced the signing of its largest contract for one-minute announcements. Lever Bros, will sponsor three announce- ments daily, five days a week for 48 weeks. To Probe Foreign Shows Rochester, N. Y., Jan. 7— An in- vestigation of foreign language broad- casts was voted today by the Amer- ican Legion County Committee after it had turned down a resolution con- demning them. Those in opposition de- clared it would imperil the right of free speech, which the Legion is pledged to defend. to the lection Picture Industry MOTION PICTI£ft£ DAILY VOL. 49. NO. 6 NEW YORK, U.S.A., THURSDAY, JANUARY 9, 1941 TEN CENTS Broadcasters Seek Trust Suit Peace Want to Be Dropped from Impending Action Washington, Jan. 8. — A dele- gation of broadcasters headed by- Neville Miller, president of the Na- tional Association of Broadcasters, met today with Thurman W. Arnold, assistant U. S. Attorney General, and other members of the Department of Justice to discuss revision of BMI operations which would result in the elimination of BMI and the networks from the Government's impending prosecu- tions in the music "war." It was explained that the broadcast- ers are exploring the situation de- veloped by the Government's an- nouncement that BMI, NBC and CBS would be included in the action for criminal indictments in Milwaukee, with a view to determining the posi- tion they are to take. The conference was lengthy. No (Continued on page 7) Roach Sues M-G-M On Breach of Pacts Hal Roach Studios, Inc., filed suit yesterday in the U. S. District Court against Loew's, Inc., and M-G-M Dis- tributing Corp. for $1,263,993, arising from a dispute between the parties over certain distribution matters under the five basic distribution contracts operative between them from 1927-'28 through 1939-'40. Roach has been releasing his pictures for the past two years through United Artists. The 30-page complaint listed a number of alleged breaches of contract. The law firm of Schwartz and Frohlich represents Roach. Goldwyn Heading Greek Relief Unit Samuel Goldwyn has been appoint- ed national chairman of the motion picture producers' division of the Greek War Relief campaign, it was announced yesterday by Harold S. Vanderbilt, honorary national chair- man of the relief association. This is entirely separate from the recent ap- pointment of Adolph Zukor, Para- mount board chairman, as chairman of the amusements division of the cam- paign. New 5-Year Hays Pact Reported Set A five-year extension of Will Hays's contract as presi- dent of the Motion Picture Producers & Distributors As- sociation has been set, it was reported yesterday in au- thoritative trade circles, and effective execution of the agreement awaits only the formal assent of members of the organization. Hays's pres- ent contract would have ex- pired otherwise in March. Parade to Start Drive for 'Dimes' Circuit representatives at a meeting in the office of Oscar A. Doob of Loew's yesterday approved plans for a parade on Broadway next Wed- nesday as the opening gun in the film industry's "March of Dimes" drive for the National Foundation for Infantile Paralysis. At the meeting, at which Doob, publicity chairman, presided, it was decided to muster several hundred ushers to march, with bands, floats and others in the procession. The parade will start in Colum- bus Circle, go down Seventh Ave. to 30th St., invade the garment sec- tion at the noon hour and wind up (Continued on page 7) B & K Deal for Chicago Oriental Awaits U. S. Word Chicago, Jan. 8. — Negotiations by B. & K. for a lease on the Oriental, large Loop house, are being held in abeyance pending study of the pro- posal by the Department of Justice, it was learned here today. John Balaban, head of B. & K., and Robert Farrell, secretary and attorney for the building corporation which owns the theatre building, will go to Washington late this week to place the proposed deal before Assistant U. S. Attorney General Robert L. Wright. This will be done in accord- ance with the stand-still agreement entered into by affiliated circuits with the Government under the consent decree on the New York anti-trust suit. U. S. Approval Needed Under that agreement, the affiliated circuits agreed not to undertake ex- pansion moves without the approval of the Department of Justice. Ac- cordingly, it is expected that the B. & K. lease negotiations for the Oriental will not be consummated without the approval of the Department. The theatre, formerly operated by B. & K., is under lease to Jones, Linick & Schaefer, independent oper- ators at $3,000 per week. According (Continued on page 7) RCA to Demonstrate Thea tre Television and Relay System By EDWARD GREIF RCA will demonstrate three important new television developments Jan. 24 when members of the FCC visit New York to inspect the latest developments in the field. CBS yesterday disclosed that it is ready to demonstrate a live talent pickup on the color television system its engi- neers developed. Though RCA is guarding full de- tails, it was learned that its demon- stration will include a theatre-size screen, a new model home receiver with an 18-inch screen, and the first public demonstration of the relay sys- tem with a pickup from Camp Upton, L. I., about 100 miles from the Em- pire State Building transmitter. The FCC will make its inspection tour prior to hearing the report of the National Television Systems Com- mittee on Jan. 27. The relay system, which was de- veloped by RCA to make possible a television network, has been in exis- tence several years for experimental (Continued on page 8) Wanger Reelected Academy President Hollywood, Jan. 8. — Walter Wang- er was reelected president of the Academy of Motion Picture Arts and Sciences last night by acclamation of the board of governors. Other officers chosen were : Edward Arnold, Frank Capra, Darryl F. Za- nuck and Jane Murfin, vice-presi- dents ; Mervyn LeRoy, secretary ; Alan Scott, assistant secretary; Major Nathan Levinson, treasurer ; Henry Fonda, assistant treasurer. See Tax Total Next Year at $74,200,000 President's Budget Cites Current $68,900,000 Washington, Jan. 8. — Collections from the Federal admission tax dur- ing the fiscal year which begins July 1 next, with no change in the present rate of exemption, will total $74,200,- 000, compared with $68,900,000 ex- pected to be collected during the cur- rent fiscal year and $21,887,916 actually obtained during the fiscal year ended June 30, last, it was dis- closed today by President Roosevelt in his annual budget message. [Box-office collections of Fed- eral admission taxes during the fiscal year ended last June 30, totaled $19,389,056, compared with $17,096,416 in the preced- ing year, it was disclosed to- night in the annual report of the Internal Revenue Bureau. This was the final year of the 40-cent tax exemption. The ex- emption is now 20 cents.] The appropriation for the Federal Communications Commission is to be increased $283,389 toi $4,259,729. Actually, by reason of the elimination of a $175,000 fund available this year for relocating monitoring stations, (Continued on page 7) Spanish Industry Facing Obstacles Washington, Jan. 8. — With high taxation and widespread Government restrictions the Spanish film industry is struggling against serious obstacles, according to a survey made by the Department of Commerce. American companies have substan- tial sums frozen in Spain, which are held there under orders of the Na- tional Foreign Exchange Institute. Import permits for films must be obtained from that body and the Mo- tion Picture Regulating Sub-Commis- sion, created in October, 1939, by the Ministry of Industry and Commerce. Under wide powers, the Censorship Committees under the jurisdiction of (Continued on page 7) Reviewed Today Reviews of "Playgirl" and "Larceny Street" will be found on Page 3. 2 Motion Picture Daily Thursday, January* 9, 1941 Personal Mention Coast Flashes Hollywood, Jan. 8 THE Frank Capra Anniversary Tribute Committee, which will hold a dinner honoring the director- producer, today named Fred Beetson, A.M. P. P. vice-president, in charge of the subcommittee to select a date for the event. J. P. McGowan, executive secretary, heads a committee to obtain cooperation from Hollywood organr- zations. Membership of the commit- tee includes Walter Wanger, chair- man ; Y. Frank Freeman, Donald Gledhill, Dore Schary, Ralph Block, Sheridan Gibney and Kenneth Thom- son. • Walter Wanger Pictures, Inc., to- day filed suit for $25,717 against Nat Rogan, collector of internal revenue, charging that the company was as- sessed that amount illegally in income taxes during 1936. The complaint alleged that the tax was improperly assessed on revenue from "Private Worlds" and "The President Van- ishes," but that the disputed revenue represented repayment by Wanger to Jay Paley of funds which were used to finance the production. • Twentieth Century-Fox today pur- chased film rights to O. Henry's short story, "Gift of the Magii," to be used for a feature which Jo Swerling will write and Robert Kane produce. • Instead of the previously announced "Mr. Coed," M-G-M will star Wil- liam Powell and Myrna Loy in "Love Crazy," written by David Hertz and William Ludwig. Jack Conway will direct. WA. SCULLY, Universal vice- • president and general sales manager, and Joseph H. Seidelman, vice-president and foreign manager, will arrive from the Coast early next week. Nate J. Blumberg, president, is remaining at the studio for anoth- er month. • Herman Wobber, 20th Century- Fox director of distribution, will leave the Coast next Tuesday for New York. • Charles Stern, New York district manager for United Artists, has re- turned from a three-week stay in Florida, where he recuperated from a recent illness. • Norman Elson left for Chicago yesterday. • Max A. Cohen, John W. Hicks, Toby Gruen, Max Dreyfus and William Orr at Nick's Hunting Room in the Astor yesterday for lunch. • Everett Steixbuch, manager of Loew's State, Cleveland, will leave Sunday with Mrs. Steinbuch for an eight-week vacation at Ft. Lauder- dale, Fla. Agnew Due Tomorrow Hollywood, Jan. 8. — Neil Agnew. Paramount vice-president in charge of distribution, left here last night for New York, after product conferences. He is due at the home office on Fri- day. JOSEPH BERXHARD, general •J manager of Warner Theatres, is expected to leave the Coast on Sat- urday after studio conferences. Leonard Picker, Columbia attor- ney, left last night for a Miami va- cation. • Robert Sherwood, Elmer Rice, Martin Moskowttz and Arthur Gottlieb lunching yesterday at Lindy's (51st St.). Monroe Greenthal, John D. Hertz, Jr., Leonard Goldenson, Sam Shain, George Weltner, Stan- ton Griffis, Barney Balaban, Paul Radin, Al Margolies, Morris Gest, Mary Brian, Madge Evans, Margo, Sidney Kingsley, John Golden, Mort Spring and William Mel- niker at Sardi's yesterday for lunch. Seymour Poe, Lou Weinberg and Abe Montague having lunch at Lindy's (next to the Rivoli) yester- day. Dave Robbins, Columbia home office projectionist, will leave tomor- row for a vacation in Florida. Haight Resigns from AAA Budget Unit P. M. Haight yesterday resigned as a member of the budget committee for the motion picture arbitration system under the consent decree, due to ill health. He will, however, con- tinue as a member of the administra- tive committee of the American Ar- bitration Association. Paul Felix Warburg was named to succeed Haight as a member of the budget committee. The other members are : Van Vechten Veeder. chairman of the arbitration appeals board, and Joseph H. Hazen of War- ners, representing the distribution companies. Levy Withdraws as Associates Candidate David Levy has withdrawn as a candidate for the presidency of the Motion Pictures Associates, leaving only two candidates for that office, Nat Beier and Joseph J. Lee. Jack Hattem. nominated for vice-presi- dent, also has withdrawn, thus assur- ing' James Frank of election. Elections will be held next Tuesday at the Hotel Lincoln. Dozier New Story Head at Paramount Hollywood, Jan. 8. — William Do- zier will join Paramount as head of the story and writing departments on Feb. 3, resigning from the Berg- Allenberg agency, where he has been for the past five and a half years. Julian Blaustein continues with the company as associate story editor. Now 'Hamilton Woman!' Hollywood, Jan. 8. — Alexander Korda has changed the title of the film, "Lady Hamilton." to "That Hamilton Woman !" Ask Binoculars for Air Raid Watchers M-G-M has received a re- quest from its London office asking for donations of bin- oculars for use by unofficial raid watchers or spotters sta- tioned on every building. Glasses are asked to be sent to the International Depart- ment of Metro at 1540 Broad- way. Lottery Bill In As Legislature Opens Albany, Jan. 8. — A measure to le- galize state operated lotteries 'was introduced today by Senator Phelps Phelps as the legislature convened. Sen. Phelps' intention to submit this bill was revealed by Motion Pic- ture Daily last month. It must be passed by two successive legislatures and approved by referendum before becoming effective. Legislators said bills designed to regulate outdoor advertising and to make directors of corporations liable for unpaid wages to employes will be introduced this week. The lat- ter measure is reported to be backed by theatrical unions. Gov. Herbert H. Lehman's mes- sage was restricted to defense but another message, dealing with do- mestic problems, will be delivered in the near future. Heiber Named U.A. St. John Manager St. John, N. B., Jan. 8. — George Heiber, former office manager at the United Artists exchange here, has been named manager, succeeding Charles S. Chaplin, named Montreal manager. No successor to Heiber has been appointed as yet. Benny to Work for Para, and 20th-Fox Hollywood, Jan. 8. — Jack Benny has signed starring contracts with Paramount and 20th Century-Fox, Paramount announced yesterday. The affiliation with 20th Century-Fox is new. He will make one picture yearly for each studio for four years and have a voice in their production. MOTION PICTURE DAILY (.Registered U. S. Patent Office) Published daily except Saturday, Sunday and holidays by Quigley Publishing Company, Inc., 1270 Sixth Avenue, Rockefeller Center. New York City. Telephone Circle 7-3100. Cable address, "Quigpubco, New York." Mar- tin Quigley, Editor-in-Chief and Publisher: Colvin Brown, Vice-President and General Manager; Watterson R. Rothacker, Vice President; Sam Shain, Editor; Alfred L. Finestone, Managing Editor; James A. Cron, Advertising Manager; Chicago Bureau. 624 South Michigan Avenue, C. B. O'Neill, manager: Hollywood Bureau. Postal Union Life Building, William R. Weaver, Editor; London Bureau, 4 Golden Square, London Wl.Hope Williams, manager, cable address "Quigpubco, London." All contents copy- righted 1941 by Quigley Publishing Com- pany, Inc. Other Quigley publications: Motion Picture Herald. Better Theatres. International Motion Picture Almanac and Fame. Entered as second class matter. Sept. 23. 1938; at the post office at New York. N. Y., under the act of March 3. 1879. Subscription rates per year $6 in the Americas and $12 foreign. Single copies 10c. Thursday, January 9, 1941 Motion Picture Daily 3 'Kitty Foyle' Does $29,000, Philadelphia Philadelphia, Jan. 8. — Downtown box-offices enjoyed strong grosses. "Kitty Foyle," having an unheralded world premiere at the Boyd, did a powerful $29,000, the same figure grossed by the Earle with "You'll Find Out" and Larry Clinton's band on the stage. Estimated takings for the week end- ing Jan. 1-3 : "Thief of Bagdad" (U. A.) ALDINE— (1,400) (35c-41c-46c-57c-68c) 7 days, 2nd week. Gross: $13,500. (Average, $9,000) "Little Nellie Kelly" (M-G-M) ARCADIA— (600) (35c-46c-57c) 6 days, 3rd run. Gross: $2,400. (Average, $2,600) "Kitty Foyle" (RKO) BOYD— (2,400) (35c-41c-46c-57c-68c) 7 days. Gross: $29,000. (Average, $13,000) "You'll Find Out" (RKO) EARLE— (4,000) (35c-41c-46c-57c-68c) 7 days. Vaudeville including Larry Clinton's orchestra, Borrali Minnevitch's Harmonica Rascals, Terry Allen, Jack Palmer, Jimmy Currie, Peggy Mann, Jack Seymour and Kay Picture. Gross: $29,000. (Average, $14,000) "Dancing on a Dime" (Para.) FAY'S — (2,190) (15c-29c-35c-46c-57c) 7 days. Vaudeville including Tirza Konja, Bert Walton, Romano Brothers, Potter and Ray, Robbins Brothers and Margie, and Eddie Lambert. Gross: $9,200. (Average, $6,900) "Four Mothers" (W. B.) FOX— (3,000) (35c -41c -46c -57c -68c) 7 days, 2nd week. Gross: $12,000. (Average, $13,000) "No, No, Nanette" (RKO) KARLTON— (1,000) (35c-41c-46c-57c-68c) 7 days, 2nd run. Gross: $4,100. (Average, $4,500) "Go West" (M-G-M) KEITH'S— (2,200) (35c-41c-46c-57c-68c) 7 days, 2nd run. Gross: $3,950. (Average, $4,500) "North West Mounted Police" (Para.) STANLEY— (3,700) (35c-41c -46c - 57c -68c) 7 days 2nd week. Gross: $17,800. (Average, $14,000) "Dr. Kildare's Crisis" (M-G-M) STANTON— (1,700) (35c-46c-57c) 7 days. Gross: $4,600. (Average, $4,500) Feature Reviews Iff Playgirl (RKO) "pLAYGIRL" is a light and humorous drama which offers Kay Francis as the principal of a two-party corporation whose function is, in effect, gold-digging. Mildred Coles is Miss Francis' partner and protege. The story an adaptation by Jerry Cady of an original story, "Debu- tante, Inc.," has the pair in various centers of social activity "taking" gullible gentlemen about town until the inevitable occurs — Miss Coles falls in love. Nigel Bruce and George P. Huntley are the principal clients and James Ellison is a yoang cattleman loved by Miss Coles. An amusing maid characterization is offered by Margaret Hamilton. The film was produced by Cliff Reid. Frank Woodruff directed. Running time, 77 minutes. "G."* 'Thief Tallies Good $12,500 Frisco's Best ft "Larceny Street (Film Alliance) A N English production by Jack Buchanan, who also plays the leading role, this importation has its moments of suspense and action, but in general is rather uninspired screen fare. Tim Whelan was responsible for the direction and also the adapta- tion of the original story. It concerns the effort of Buchanan, as an insurance investigator, to track down a group of "smash-and-ru'n" thieves who have been preying on expensive jewelry stores in Paris, London and Dublin. In the latter city the greater part of the action takes place as Buchanan, with the aid of a woman assistant with whom, incidentally, he is in love, finds the receiver of the stolen jewels, and stumbles upon first one and then a second murder in the course of his investigation. The cast is made up entirely of English players, all unknown in this country, with the possible exception of Buchanan. Running time, 65 minutes. "G."* Charles S. Aaronson "G" denotes general classification. 'Liberty* Proceeds To Benefit British The first $50,000 derived from the release by M-G-M of "Land of Lib- erty," industry sponsored feature, will be given to the British air ra;d victims, it was announced by the M. P. P. D. A. yesterday. British re- lief groups throughout the United States are expected to assist in ticket sales and local premieres of the film. M-G-M is distributing the picture on a non-profit basis, with the net rev- enue going to war relief and welfare agencies. Canning Company Takes Over House Black's Harbor, N. B„, Jan. 8. — The Strand here, theatre established by a fish company as a means of keeping em- ployes and their families con- tent in this little seaside town, has been taken over directly by the company for management as well as own- ership. Originally, the 450- seat house was operated by Sprague Brothers, of St. Johns, N. B. The company is Connors Bros. Ltd., fish can- ners here. Ontario Opens New Projection School Toronto, Jan. 8. — The School for Moving Picture Operators has been opened by the Ontario Government for the training of apprentices by Government instructors in a 12-month course with daily classes for which a tuition fee of $100 is imposed. The inauguration of the new system was marked by ™'otests from various labor unions on the ground that the Gov- ernment action would flood an already crowded craft with licensed men, with the eventual possibility of a reduced wage scale. With the opening of the first school, announcement was made from the Parliament Buildings that apprentice cards were being issued to accepted candidates who would be permitted to work in theatre booths during the year and that official licenses would be issued upon the successful completion of the course. New Orleans Sales Tax Affects Rentals New Orleans, Jan. 8. — The re- cently established two per cent sales tax in this city is applicable to rentals of films to theatres here. The tax, which was put into effect Jan. 1, is one cent on any purchase of 13 cents to 63 cents, two cents on pur- chases of 63 cents to $1.12 and so on in proportion to the sale. Admission prices are not affected, however. Delay La Crosse Suit Madison, Wis., Jan. 8. — Over the defendants' protest, Federal Judge Patrick T. Stone here has granted a further continuance to Feb. 17 in the $1,472,000 damage suit of the La- Crosse Theatre Co., LaCrosse, Wis., against Paramount, United Artists, 20th Century-Fox, Minnesota Amuse- ment Co. and Welworth Theatres. Henry Ottman Dies New Orleans, Jan. 8. — Henry A. Ottman, 73, retired theatre executive, died here suddenly of a heart attack. He was personal manager of the late Henry Greenwald, and ran the old Grand Opera House for him and later the Music Hall. Two daughters and two sons survive. Sekely Sets Own Release with U.A. Hollywood, Jan. 8— William Seke- ly has negotiated his own United Artists release for "New Wine" and will not use Alexander Korda's re- lease arrangements as a result. Sekely will, however, use Korda's staff to produce the film, which will star Ilona Massey and be directed by Reinhold Schunzel. San Francisco, Jan. 8. — "The Thief of Bagdad" drew a good $12,500 at the United Artists. "No, No, Na- nette" with Nancy Welford of the original stage cast on the stage took $16,500 at the Golden Gate. The weather was wet. Estimated takings for the week end- ing Dec. 30- Jan. 3 : "Flight Command" (M-G-M) "Gallant Sons" (M-G-M) FOX— (5,000) (15c-35c-40c-50c) 5 days, 2nd week. Gross: $11,000. (Average, $16,000) Second Chorus" (Para.) "Melody Ranch" (Rep.) PARAMOUNT-(2,740) (15c-35c-40c-50c) $11 500' W£ek- Gross: $7.500. (Average, "Go West" (M-G-M) "Christmas in July" (Para.) ST. FRANCIS-(l,40O) (15c-35c-40c-50c) 5 days, 3rd week. Gross: $4,000. (Average, $6,000) "Chad Hanna" (Zftth-Fox) "Youth Will Be Served" (ZOth-Fox) WARFIELD-(2,680) (15c-35c-40c-SOc) 4 tia>y£™2nd Week- Gr0ss: $7'°°a (Average, $12,000) "No, No, Nanette" (RKO) GOLDEN GATE~(2,850) (35c-40c-S5c) 7 days. Stage: Vaudeville. Gross: $16,500) (Average, $15,000) "Thief of Bagdad" (U. A.) UNITED ARTISTS-(1,200) (15c-35c-40c- $8 000) dayS' Gr°SS: ?12'500- (AveraSe' "Arizona" (Col.) ORPHEUM-(2,440) (15c-35c-40c-50c) 7 days, 2nd week. Gross: $9,000. (Average, $8,000) "Here Is Ireland" (Foreign) ,o£LA,Y~(400) W5C-35C-45C) 7 days. Gross: $800. (Average, $1,000) Circuits Award Prizes San Francisco, Jan. 8. — Prize checks were presented to 104 em- ployes of the Golden State and San Francisco Theatres circuits, who were awarded more than $2,500 in cash for their holiday efforts in selling scrip books. Awards were made at a breakfast rally by R. A. McNeil, Golden State general manager, and Roy Cooper, division manager for both circuits. Present Film Music The League of Composers will present a program of musical scores from documentary films at the Mu- seum of Modern Art on Sunday eve- ning. 'Bagdad' Baltimore Winner with $12,500 Baltimore, Jan. 8.— "Thief of Bag- dad" drew $12,500 at the Century. "Second Chorus" tallied $11,000 at Keith's. Estimated takings for the week ending Jan. 2. "Thief of Bagdad" (U.A.) CENTURY-(3,000) (15c-28c-44c) 7 days Gross: $12,500. (Average, $10,000) Second Chorus" (Para.) KEITH'S - (2,406) (15c-28c-33c-44c) 7 days Gross: $11,000. (Average, $9,000) Chad Hanna" (20th -Fox) MEW-(1,581) (15c-28c-35c-55c) 10 days. Gross: $10,500. (Average, $7,000) "Four Mothers" (W.B.) STANLEY-(3,280) (15c-28c-39c-44c-55c) 10 days. Gross: $14,000. (Average, $12,000) 'No, No, Nanette" (RKO) HIPPODROME-(2,205) (15c-28c-39c-44c- 55c-66c) 7 days. On the stage, Dave Schooler with his Swinghearts Girl Or- chestra presenting "Music Box Revue " Gross: $13,000. (Average, $14,000) 'Tropics/ Calloway Get $16, 600 1 Omaha Omaha, Jan. 8.— Boosted by New Year's Eve shows, first run grosses here were strong. "One Night in the Tropics," plus Cab Calloway on the stage, took $16,600 at the Orpheum. Estimated takings for the week ending Jan. 1-2: "No, No, Nanette" (RKO) "EUery Queen, Master Detective" (Col.) BRANDEIS— (1,200) (30c-40c-44c) 7 days Gross: $5,100. (Average, $4,000) "Flight Command" (M-G-M) "Christmas in July" (Para.) J.n(?^AHA-(2'000> (30c -44c) 7 days. Gross: $9,100. (Average, $6,000) "One Night in the Tropics" (Univ ) ORPHEUM-(3,000) (40c-55c) 7 days Stage: Cab Calloway. Gross: $16,600 (Av- erage, $7,200) of Screen Excitement! ve directed since 'What Price Glory'!" *0UL WALSH 'My story to top 'Little Caesar' is HIGH SIERRA!" Author W. R. BURNETT cc 8P s S> o ■fit <3 eo On >» s «© S a CD M ^ © CD © *• s k. © ■si t» ■Si 05 » c 35 J "8 Q J e CD «D ^ a 3 CO i. cdQ * .. "3 S5 •2 3 e-2 ^£ c ^ © cd aa © 09 e© CD = i3 0cqe U. A. Thief of Bagdad (D) Sabu June Duprez Son of Monte Cristo (D) Joan Bennett Louis Haywood Road Show (C) Adolphe Menjou Carole Landis 20TH-FOX Murder Over New York (D) 121 Sidney Toler Ricardo Cortez Jennie (D) 122 V. Gilmore William Henry Chad Hanna (D) 123 Henry Fonda Dorothy Lamour Hudson's Bay (D) 115 Paul Muni Virginia Field Michael Shane, Private Detective (D) Lloyd Nolan Romance of the Rio Grande (O) 125 Cesar Romero Tall, Dark and Handsome (C) 128 Cesar Romero Girl in the News (D) 127 Valerie Hobson B. K. Barnes Ride, Kelly Ride (C) E. Pallctte Golden Hoofs (C) Jane Withers Buddy Rogers Western Union (D) 126 Scott-Jaggcr Robert Young Scotland Yard (D) John Loder Nancy Kelly KKO RADIO No, No, Nanette (M) 114) Anna N eagle Zasu Pitts Kitty Foyle (D) 112 Ginger Rogers Dennis Morgan Convoy (D) 161 Clive Brook John Clements Little Men (D) 110 Kay Francis Jack Oakie Let's Make Music (D) 115 Bob Crosby Jean Rogers Saint in Palm Springs (D) 116 George Sanders Wendy Barrie Mr. and Mrs. Smith (C) 117 Carole Lombard R. Montgomery Along the Rio Grande (O) 183 Tim Holt Ray Whitley A Girl, A Gob and A Guy (C) George Murphy Lucille Ball Scattergood Baines (D) Guy Kibbee Dink Trout Citizen Kane (D) 118 Orson Welles REPUBLIC Barnyard Follies (C) 008 Mary Lee Rufe Davis Behind the News (D) 009 Lone Star Raiders (O) Bowery Boy .(D) Dennis O'Keefe L. Campbell Wyoming Wildcat (O) 074 Don "Red" Barry Robin Hood of the Pecos (O) 054 Roy Rogers Ridin' On a Rainbow (O) Gene Autry Smiley Burnette Arkansas Judge (C) The Weavers Roy Rogers m Petticoat Politics (C) Bad Man from Rio (O) Prairie Pioneers (O) 3 Mcsquiteers PARA. Texas Rangers Ride Again (O) John Howard Ellen Drew North West Mounted Police (D) 3946 Love Thy Neighbor (C) Second Chorus (C) Fred Astaire Paulette Goddard Doomed Caravan (O) Bill Boyd Russell Hayden Victory (D) Fredric March Betty Field Aldrich Family in Life with Henry (C) Jackie Cooper You're the One (M) Bonnie Baker Orrin Tucker The Mad Doctor (D) B. Rathbone Ellen Drew Virginia (O) F. MacMurray M. Carroll In Old Colorado (O) William Boyd Russell Hayden MONOGRAM Pride of the Bowery (D) Chamber of Horrors (D) Her First Romance (D) Edith Fellows E. Evans Rolling Home to Texas (O) Tex Ritter Trail of the Silver Spurs (O) Range Busters Dead Man's Shoes (D) W. Law son Leslie Banks You're Out of Luck (D) Frankie Darro M. Moreland M-G-M Comrade X (C) 113 Clark Gable Hedy Lamarr Keeping Company (D) 116 John Shelton Flight Command (D) 117 Robert Taylor Ruth Hussey Maisie Was a Lady (C) Ann Sothern Lew Ayres Philadelphia Story (C) 119 Grant-Hepburn James Stewart Wild Man of Borneo (C) Land of Liberty (D) Come Live With Me (C) James Stewart Hedy Lamarr Blonde Inspiration (C) John Shelton Virginia Grey The Bad Man (O) Wallace Beery L. Barrymore COLUMBIA Great Plane Robbery (D) Jack Holt Vicki Lester Phantom Submarine (D) Anita Louise Bruce Bennett Arizona (O) . Jean Arthur William Holden This Thing Called Love (C) Wildcat of Tucson (O) Pinto Kid (O) Chas. Starrett Louise Currie Face Behind the Mask (D) Peter Lorre Evelyn Keyes Adam Had Four Sons (D) Warner Baxter Ingrid Bergman The Devil Commands (D) Boris Karloff Amanda Duff Return of Boston Blackie (D) Across the Sierras (O) Blondies Goes Latin (C) Outlaw of the Panhandle (O) (2 - Q • >-» e 0 i ^ J3 CO CD tN fe fe fe Thursday, January 9, 1941 Motion Picture Daily 7 See Tax Total Next Year at $74,200,000 (Continued from page 1) the funds available to the commission for operating expenses will be in- creased by more than $450,000. The fund for the national defense activities of the commission is increased $320,- 000 to $1,920,000, and the remainder of the additional funds will be used largely for increased salaries and ex- penses. Department of Justice Increase Funds for the anti-trust division of the Department of Justice will reach a new high at $1,575,000, an increase of $254,000 over the current fiscal year and $266,000 more than was actu- ally expended in the past fiscal year. Most of the increase is to be used for travel expenses and printing and stenographic work. Anticipating the increase in the Fleet and naval bases, the Navy De- partment fund for the Motion Picture Service is to be increased from $85,- 000 to $125,000, but the fund for wel- fare of enlisted men in the Army, materially increased for the current year, will be reduced from $2,807,724 to $2,148,000. Of this, however, $500,- 000 is to be made available imme- diately for the construction and equip- ment of theatres, clubs and other buildings at the new cantonments. Drive Against Evaders The Internal Revenu Bureau re- port on the fiscal year ended last June 30 declared that the year was marked by a drive against evaders of the amusement tax, particularly on ad- missions sold in excess of the estab- lished price. A number of brokers and proprietors of places of amuse- ment and cabarets were prosecuted for evading payment of taxes, it was stated. More recently, and not with- in the period covered by the report, the bureau has been proceeding against theatre operators who fail to account fully for the taxes they collect. In addition to box-office revenues, admission tax collections during the fiscal year included $612,358 from free or reduced rate tickets, against $667,100 in the preceding year; $80,- 338 from leases of boxes or seats, against $68,926; $11,258 from admis- sions sold in excess of the estab- lished price, against $23,661 ; $171,- 956 from brokers' sales, against $172,495, and $1,622,949 from admis- sions to roof gardens and cabarets against $1,442,204. Total collections from all sources were $21,887,916, compared with $19,470,802 the year before. Broadcasters Seek Trust Suit Peace (.Continued from page 1) statement was made by any of those who participated. Delay in launching the proceedings at Milwaukee, originally expected last Monday, is due to the desire o* Department of Justice officials to give RMI and the networks an opportu- nity to present their views on their course in the music situation, which the Government charges is illegal. Parade to Start Drive for 'Dimes' (Continued from page 1) in Times Square. There the ushers will form a cordon extending from 45th to 47th Sts., helping the police handle the crowds expected to gath- er to witness a "Dance of Dimes" to be staged on a platform in Duffy Square. Several hundred girls, carrying the official "March of Dimes" collection boxes will solicit the crowds for con- tributions. City officials and other notables are expected to take part. The temporary re-christening of Times Square is planned. Mayor La- Guardia will be asked to place a new street sign, re-naming it Dimes Square. Eddie Dowden of Loevv's publicity department was placed in charge of the parade plans. Among those present who agreed to contribute ushers, bands and other cooperation, were : Leo Brecher, of the Brecher circuit, representing Manhattan independent exhibitors ; Al Rosen, Fabian circuit ; Janice Renschler, Skouras circuit ; Louis Frisch, Randforce circuit ; Peggy Ma- honey and Robert Shapiro of Para- mount Theatre ; Mr. Goodman of the Century circuit ; Fred Bright, Broad- way Association ; Martin Levine, Ber- nard Brandt and Lionel Toll, Brandt circuit ; M. Jantzen, Consolidated cir- cuit ; Irving Windisch, Strand The- atre; Ben Serkowich, Capitol The- atre ; Al Rosen, State Theatre, and Harry Mandell, RKO theatres. Spanish Industry Facing Obstacles (Continued from page 1) the Ministry of Interior ban films deemed favorable to democratic insti- tutions, according to reports to the Department of Commerce. Without definite information, Spanish trade circles believe approximately 300 films were approved by the censors, includ- ing short subjects, in 1940. It is estimated that between 30 and 40 American films were imported dur- ing 1940, that 85 were imported from Germany and 42 from- Italy. Ameri- can films still are popular. About 25 features have been produced in Spain since the civil war. Madrid theatres estimate between 45 and 50 per cent of the admission charge g- to the Government in taxes. Trade estimates place the number of houses in Spain at 3,800, virtually all wired for sound, but only about half regu larly operating. Honor Mainwaring At Farewell Party Daniel Mainwaring of the Warner home office publicity staff, who leaves Saturday for Mexico City, was guest of honor at a surprise party held last night at Toots Shor's. Among those attending were Mort Blumenstock, Mitchell Rawson, Paul Lazarus, Jr., Gilbert Golden, Sid Rechetnik, Larry Golob, Jerry Lewis. Len Spinrad, Bob William, Lee Blum- berg, Walter Blake, Bert Gilden and Ed Schreiber. 'Lady in the Dark' Will Open Tonight "Lady in the Dark," a musi- cal play written by Moss Hart and starring Gertrude Law- rence, will be presented at the Alvin Theatre tonight by Sam H. Harris. The music is by Kurt Weill and the lyrics by Ira Gershwin. MPPDA Sued Over Denial of Code Seal Los Angeles, Jan. 8. — Criterion Pictures has filed suit in United States District Court here against the M.P.P.D.A., member companies, Will Hays, Joseph I. Breen and a number of John Does for $1,500,000 triple damages. The suit charges the M.P.P.D.A. is a monopoly and alleges Criterion's picture, "Damaged Goods," produced in 1937, was deprived of first run showings due to the refusal of the Production Code Administration, headed by Breen, to issue a certificate of approval for the film. The com- plaint alleges the organization "has monopolized the market for the ex- hibition of pictures in first run metro- politan theatres throughout the United States." 'Quiz Kids' to Capital The "Quiz Kids" of the radio, who are making a Paramount short sub- ject at the Long Island studio, will visit Mrs. Franklin D. Roosevelt in the White House at Washington to- day. Government Studies B&K Oriental Deal (Continued from page 1) to the building owners, the lease has been in default for some time past. No Indication of Government Attitude Washington, Jan. 8. — Proposed theatre acquisition by Balaban and Katz, in Chicago, is being studied by the Department of Justice, it was learned today. No indication was given, however, as to the attitude of the Department to the addition of the theatre to the circuit. It was learned at the Department that several proposed acquisitions have been reported by theatre circuits since the signing of the consent decree. While it was said no acquisitions have been "approved," no information was forthcoming as to what action, if any, had been taken on them. Under the decree, proposed additions to circuits are reported to the De- partment for such investigation as it may deem necessary. It was explained that no fixed rules have been adopted for dealing with such matters, but that each case is disposed of on its merits. Canadian Veteran Dies Berwick, N. S., Jan. 8. — Charles H. Beardsley, 80, one of Canada's first exhibitors, and who founded the first local picture theatre, died here this week. He had previously shown pictures on the road in Nova Scotia about 29 years ago. 8 Motion Picture Daily Thursday, January 9, 1941 Off the Antenna SCATTERED educational programs will be assembled and built into a single five-day-a-week feature on Mutual, it was decided yesterday at the end of a two-day meeting here of program managers representing 1 1 Mutual affiliates. The meeting represented the first time that a network had invited program managers of affiliated stations to meet for a discussion of network program policies. With various stations in the Mutual network feeding University programs, it is planned to realign the shows to provide that each of them shall be heard at the same time but on different days of the week. Thus it will be possible to promote the series as a whole. Many other suggestions were discussed, it was said, but no definite decision will be made on any of them until the board of directors meeting on Jan. 23. • • • Purely Personal: Leon Goldstein, W MCA publicity director, was tendered a birthday party by the news staff at the station's studios yesterday. Sidney Flamm, vice-president, and Charles Stark, sales manager, presented a gift. . . . Bill Stern, NBC sports announcer, has been signed by Warners to play in "Listen America." . . . lames Monks has been added to the cast of "Charlie and Jessie." . . . Returning on the Santa Rosa today after a 12-day cruise to Bermuda are H. L. Petty, manager of WHN, and W. B. Dolph, manager of WOL, Washington. Both were accompanied on the trip by their wives. • • • RKO zone manager Nat Holt of Cleveland has hit upon his own test poll in the Ascap-BMI fight. When Kay Kyser comes to the Pa'ace, Cleveland, on Jan. 24, Holt will list RMI and Ascap tunes and the patrons will select their favorites. Ascap has given its permission and Holt expects it from BMI. • • • Fred Bate, NBC London representative, was injured twice by German bombs, according to versions in Tuesday's newspapers. Actually, Bate was injured Dec. 8, and NBC here released the story at the time. The British Broadcasting Co., censor, however, withheld the original story until Tuesday. The result was that most papers here assumed that Bate had been hit again. Talking over a cue channel with A. A. Schechter, NBC news head, the London office cleared the misunderstanding and said Bate was still in good shape. Noble Seeks To Enforce WMCA Deal Declaring that he had placed the contract of sale for WMCA in the hands of his attorneys for enforce- ment, Edward J. Noble, head of Life Savers, Inc., yesterday as- serted that he intended to compel Donald Flamm, the present licensee, to go through with the sale. In Washington, yesterday, the FCC refused to revoke its order of Dec. 17, which authorized the transfer. The commission re- buked Flamm for his failure to advise the FCC promptly of his desire to withdraw his original application. The FCC pointed out that there was nothing erroneous in its original order but added that the first order was permissive and not mandatory. "The matter is now one of private contractual arrangements between the parties," the FCC ruled. "I am grateful to learn that the FCC has again found me a satis- factory licensee for WMCA," Noble said. He declared that he believed "we can constantly find ways to give greater satisfaction and entertainment to the station's listeners and can at the same time give an improved serv- ice to the sound and reputable busi- nesses of this city." Flamm refused to comment. He filed his petition for permission to transfer the station early last month and permission was granted. The con- tract was set for closing on Dec. 31 but Flamm filed a petition asking revocation of the order. Yesterday's FCC action was not unexpected as the FCC had indicated previously that approval of the trans- fer does not compel the owner to consummate the sale beyond that which is contained in the private con- tract between the parties. FCC Approves CBS New York FM Station Washington, Jan. 8. — Columbia Broadcasting System today was granted a construction permit by the Federal Communications Commission for a new FM station in New York City, to operate on a frequency of 48,700 kilocycles. The station is to cover 8.500 square miles with a popu- lation of 12,000,000. Ask Writ on Radio Set Device Patent Wilmington, Jan. 8. — A declara- tory judgment that it is not infring- ing the reissue Harold A. Wheeler patent for an automatic volume con- trol device on radio receivers has been asked in a suit filed in the U. S. District Court here by Colonial Radio Corp. of New York against Hazeltine Corp. of Delaware. The plaintiff also alleges that the reissue Wheeler patent has already been declared null and void in another U. S. District Court and that the de- fendant is harassing it with suits and infringement charges. The invention of the Wheeler patent was generally known at least two years before its original issue, the plaintiff alleges, and the reissue was invalid on several grounds, including lack of invention and faulty form. RCA to Demonstrate Theatre Television (Continued from page 1) purposes, but its exhibition on Jan. 24 will mark its first public unveiling. The program will be picked up at Camp Upton by the mobile unit and relayed 20 miles to the first pickup point at Hapaugh, L. I. From there the relay system will send it 40 miles to Bellmore, L. I., where it will be picked up and relayed again the final 40 miles to the Empire State. From there, it will be telecast and picked up on the new 18-inch receiv- ers which will be grouped in a room in the RCA Building. In the evening of the same day, a special progran will be put on in the New Yorker Theatre for reception on the theatre size screen. Ten Agencies Placed 65.1% Of NBC Gross Ten leading advertising agencies placed 65.1 per cent of the $50,663,- 000 gross billings over the tw NBC networks during 1940, a breakdown revealed yesterday. The six leading agencies occupied the six top spots again while Newell- Emmett moved from 13th place to seventh, Benton & Bowles moved from 11th to ninth, and RuthraufT & Ryan from 14th to 10th. Blackett - Sample - Hummert again led the parade with gross billings of $9,564,419, a rise of 10.3 per cent over last year and more than double that of Comp- ton which was second with $4,- 392,855, an increase of 43 per cent. Compton was third last year. A total of 83 agencies placed busi- ness with NBC during the year as compared with only 66 during 1939. A total of $142,704 was placed direct. The billings represent gross card rates in effect for each advertiser with no deductions for agency com- missions, time or volume discounts, and no provision for talent costs. J. Walter Thompson, which was second last year, moved to third po- sition with $2,972,116, a decrease of 37.2 per cent Lord & Thomas re- tained fourth position with $2,454,- 059, up two per cent. Young & Ru- bicam retained fifth, with $2,134,921, down seven per cent. Pedlar & Ryan retained sixth place with $1,950,503, down 3.5 per cent. Newell-Emmett increased its business for NBC by 85.9 per cent for a total of $1,936,- 810. Russell M. Seeds Co. dropped one notch to eighth with $1,920,143, up 43.7 per cent. Benton & Bowles was up 45.8 per cent with $1,749,- 591, and Ruthrauff & Ryan was in 10th place with $1,604,674, an increase of 56.6 per cent. Chicago CBS Station Signs with Ascap Chicago, Jan. 8.— WIND, a CBS affiliate, today signed with Ascap, it was announced by Ralph Atlass, presi- dent. Atlass is a brother of H. Les- lie Atlass, CBS vice-president. WIND has encountered difficulty on arranging its foreign-language pro- grams without Ascap music, Atlass declared. However, nearly all music to be played on English language pro- grams over the station will be BMI. Recently, WIND submitted a re- port to the FCC stating that it was their belief that foreign-language pro- grams are vital to an Americanization program and were faced with the pos- sibility of discontinuing these pro- grams unless an agreement with Ascap were signed. WCFL. an affiliate of NBC, owned by the Chicago Federation of Labor, is the only other large Chicago sta- tion to have signed with Ascap. Ascap Disclaims Responsibility for Networks' Action on Inaugural Music Ascap yesterday disclaimed all responsibility for whatever action radio networks may take to keep Ascap music from the air in the broadcasts of the Presidential inauguration ceremonies on Jan. 20. Network officials pointed out that they had received no notification of permission to use Ascap music. Fred Weber, Mutual general manager, declared that his network would not boycott Ascap music. Weber asserted that if Ascap gave Mutual an indemnification against copyright infringement claims and asked nothing in return, Mutual would broadcast such Ascap music as was incidental to the ceremonies. CBS and NBC re- fused all comment. It was indicated, however, that Ascap is seeking air credit in return for its permission to use its music. It was reported, the networks may be willing to give such air credit if Ascap's demands for it are modest. Gene Buck, Ascao nresident. stated that the societv is making "all of its music available without restriction and without charge for lvoadc 62,130.35 26,026.37 23.940.22 23,554.65 16,428.40 41,751.53 26,979.68 1,990,657.89 2,025,017.54 80, ^ drama works no hardships on either Western fans or Errol Flyn:, c oniers . . . the story, expertly directed by Michael Curtiz. is developed \f»*:f! plenty of action. — Xewszi'eek. It's all the rankest hokum, but it photographs beautifully. — New York Times. Attuned to one's eyes and intellectual risibilities, since it is a colorful and random study, almost an essay, of circus characters and atmosphere. — N ew I York Herald Tribune. Brought to the screen in warm, beautiful tones of Technicolor, it offers a i special treat for those who have thrilled at any time to the lure of the big top — Donald Kirklcy, Baltimore Sun. An eye-filling episodic tale of early America. It has its amusing, also tense moments but it is more of a narrative than a drama. — Norman Clark, Balti- more News Post. "NORTH WEST MOUNTED POLICE" (Paramount) Handsome, naive and gory ... a super production in its photography de- partment.— Elsie Finn, Philadelphia Record. So long as "North West Mounted Police" sticks to spectacle and action : it is eye-filling and exciting. But when it depends on dialogue or comedy it is more than a little silly. — Philadelphia Inquirer. There's plenty of action . . . And there's also a generous portion of romance • and the beautiful outdoor scenery to please the eye. — Dorothy Guinan, Phila delphia Daily Neivs. "FOUR MOTHERS" (Warners) The production, direction and the acting are all up to snuff. — Gilbert Kanour, Baltimore Evening Sun. Even if Warner Bros, are forced to continue the chronicle of the four charming Lemp sisters until they reach the grey-haired stage, the story must be a touching and appealing vehicle, as Priscilla Lane, Rosemary Lane, Lola Lane and Gail Page are just as interesting "Four Mothers" as they were "Four Daughters." — Philadelphia Daily News. While an amiable film, has little excitement and the story and characteriza- { tions seem to be running a bit thin. — Henry T. Murdock, Philadelphia Ledger. A pleasant, wholesome family, but these affairs are beginning to wear a little thin. — Laura Lee, Philadelphia Bulletin. Another warm, everyday story of family cooperation. — Philadelphia Inquirer. "THE THIEF OF BAGDAD" (Korda - United Artists) Korda, with superb grasp, has used the mesmerizing power of Techni- color and great, spectacular sets to dominate his production. It is terrifically effective, a master stroke, and the box-office should prove well worth the two years the producer spent in preparation and production. — Boston American. Outside the Disney miracles, this is the best realization to date of the screen's ability to perform feats of magic and wonder — Providence Journal. Dismiss Para. Action Stipulation has been filed in U. S. District Court dismissing with preju- dice but without costs the pagiarism suit of Robert L. Buckner against Paramount and Charles Beahan. The plaintiff alleged that a play, "Dearly Beloved," was infringed by Paramount in the film, "Midnight." Circuit Is Realigned Columbus, O., Jan. 12. — Changes in the corporate structure of the local F. W. Rowlands circuit include trans- fer of title of the Columbia, neighbor- hood house, to Rowlands and associ- ates by the Steelton Theatre Corp., and the leasing of the Main to Main Theatre, Inc., for 10 years. 2nd BIG WEEK World Premiere Hawaii Theatre Hollywood BASED ON THE "HER FATHER'S DAUp GENE STRATTON-PO with JACQUELINE WELLS ALAN LADD - JUDITH LINDEJN Produced by I. E. Chadwick Directed by Edward Dmytryk Screenplay by Adele Comandini Edith Fellows will surprise.. an excellent actress with a charm- ing singing voice -Showmen's Trade Review. Well-knit package of entertainment -Boxoffice. Excellent job of directing -Film Daily. Musical portion a delightful treat -Variety. Has charm, freshness and poignancy -Motion Picture Herald. Exceptionally fine music and singing -Motion Picture Review. A hit.. Evans a screen surprise -Box Office Digest. 8 Motion Picture Daily Monday, January Song Writers Ask Support In Music 'War' Song Writers Protective Associ- ation will call upon other creative crafts for assistance in the radio music war when the organization meets tonight at the Park Central Hotel. Representatives of Actors Equity, American Federation of Radio Ar- tists, American Guild of Variety Ar- tists, Dramatists Guild, American Newspaper Guild and similar organi- zations have been invited. Many S.PA. members are not af- filiated with Ascap. Its president, Irv- ing Caesar, and the bulk of the mem- bership, are Ascap members, however. ASCAP to Broadcast Ascap this week will take to the air over the 103 stations which have re- newed their contracts with the society to explain its position to the public. On Saturday, 8 to 9 P.M., "Ascap on Parade" will be presented locally over WHN, WNEW and WMCA. Several of the out-of-town stations will be linked by wire but most of the remaining 100 stations will receive transcriptions for rebroadcasts. Ascap will pay for the time on all stations. A 26-piece orchestra and a 16-voice choir will be heard, together with prominent Ascap members as guests. On the first show, Irving Ber- lin, George M. Cohan, Rodgers & Hart and Oley Speaks will appear. The program, which will be heard immediately prior to "Your Hit Pa- rade" over CBS, will play the leading- songs of the week, while the "Hit Parade" is limited to non- Ascap tunes Billy Rose is producing the show and Deems Taylor will act as commenta- tor. Between songs there will be ex- planations of the music "war" from the Ascap point of view. Caesar Guest on Show On Wednesday of this week, WNEW will start a new twice-weekly program, 9 :30 to 10 P.M. Wednesdays and Fridays, which will feature Ascap songwriters as guests. Dick Gilbert will conduct the program. Irving Caesar, president of the Song Writers Protective Association, will be the first guest and will be followed by Abner Silver, Ernie Burnett, Peter de Rose and May Singhi Breen. The "Pot o' Gold" show for the metropolitan New York area heard over WHN, WNEW and WMCA will feature an Ascap composer each week with Cole Porter as the first guest. Yesterday, Caesar, who was formerly heard over WOR with "Songs of Safety," but whose program was forced off the air by the music battle, returned with the same series over WNYC. The latter station has both Ascap and BMI music but pays nothing for either license because it is non-commercial. Over the weekend it became known that of the commercial stations 601 have BMI licenses exclusively, 60 have Ascap alone and 63 have both. BMI also announced the signing of Off the Antenna MUTUAL plans to establish a regional hookup for central and northern New York with WABY, Albany, as the key station. WABY will leave NBC-Blue today and join Mutual as the network's 173rd affiliate. The Adirondack Broadcasting Co., of which Harold Smith is president, owns WABY. The station operates with 250 watts, full time, on 1,370 k.c. • • • Purely Personal: P. J. Hennessey, Jr., former Washington counsel for NBC, has resigned to join Hogan & Hartson, a Washington law firm. NBC has retained the firm as counsel. . . . Charles Paul mill supply the music for "March Through Life" which starts today over CBS. . . . Richard Bonelli and Kay Thompson will be guests of Raymond Paige's "Musical Americana" on its last program Thursday over NBC-Red. . . . Gene Hamilton, NBC an- nouncer, became the father of a boy last week. . . Sylvia Kleinberg, of WHN, was married last week to Hans Fisher . . . Ted Steele has been signed as master of ceremonies for "Discoveries of 1941." . . . Raymond Gram Szving returns to the Mutual microphone tonight. . . . Vic Diehm, WAZL, Haselton, Pa., manager, has been elected governor of the Pennsylvania district of Kiwanis International. • • • WOR has added another half -hour to its daily operations and is going on the air at 5:30 A.M. instead of 6. Beginning Jan. 26, the additional half-hour will be added to the Consolidated Drug Products spot, 6-6:30 A.M. • • • WPTF, Raleigh, N. C, member of the NBC-Red go up to 50,000 watts unlimited time on Feb. 15, it i weekend. Rates per evening hour will be raised from time. 'theastern group, will nnounced over the $240 at the same is the s • • • -evious hi . s f rom--- £^ Program News: Philip Morris has renewed "Johnnie t NBC-Red stations effective Jan. 28 for one year. o ■ v era Hearn Dc,~ B- £ per 97 "> Store ivill start a weekly full hour show this Saturday over WHN, 10. Phil Cook's annual drive for books for shut-ins on his "Morning Almanac" over WABC brought in 42,361 volumes from 1,861 contributors during the holiday season. The books were distributed to 78 hospitals and two A^my training camps. Postpone Trial of Ellis Contract Suit Philadelphia, Jan. 12. — A breach of contract action against 20th Cen- tury-Fox, scheduled for trial at the end of the month in Federal District court here, will be postponed, accord- ing to Harry A. Kalish, attorney for Abe Ellis, the plaintiff, while efforts to reach an out-of-court settlement are made. Ellis, who operates the Towers, Camden, N. J., filed suit last Fall for $67,500 damages for failure to deliver product which he alleges was promised him verbally. Attorneys will meet next week to begin settlement discus- sions. Wallis En Route East Hollywood, Jan. 12. — Hal Wallis, Warner's production executive, left over the weekend for Washington and New York. He will confer in the East with George Kaufman and Moss Hart on "The Man Who Came to Dinner." Rep. Holds Don Barry Hollywood, Jan. 12. — Republic has extended Don Barry's contract for an- other series of eight action westerns. Glenn Miller's publishing house, Mu- tual Music, to a non-exclusive three- year contract. BMI sheet music sales went over the 100,000 mark for the week enrlin° Friday. The top five songs with their sales to date were "There I Go," 125,- 734; "Practice Makes Perfect," 68,651 : "I Hear a Rhapsody," 66,325 ; "I Give You My Word," 56,303, and "So You're the One," 46,012. B. & K. in Parleys For AGVA Contract Chicago, Jan. 12. — Negotiations be- tween Jack Irving, president of the Chicago local of the American Guild of Variety Artists, and Nate Piatt, production head for B. & K., are con- tinuing here but nothing definite has been determined yet. AGVA seeks a contract calling for an AGVA shop, $60 weekly for prin- cipals, $37.50 for chorus, maximums of three performances daily and four on weekends and holidays, wardrobes to be furnished for chorus members, re- hearsals limited to 10 hours weekly and the chorus to receive one full week's layoff with pay for each seven weeks' engagement. Mayo With Philadelphia AGVA Philadelphia, Jan. 12. — Dick Mayo, former local representative for the Theatre Authority, has been named executive secretary for the AGVA local here, succeeding Jack Miller, who returned to the national offices in New York. Drop Old Charges In Columbia Suit Five stockholder plaintiffs in a suit against Columbia Pictures and its of- ficers on Friday agreed to drop all charges of waste and mismanagement allegedly occurring before September, 1933, in a motion filed in N. Y. Su- preme Court. The stockholders con- sented because the charges are barred by the statute of limitations. The suit itself remains. Demand Ban Against Foreign Broadcasts Rochester, Jan. 12.— The drive to eliminate foreign language radio broadcasts by local stations received fur- ther impetus here over the weekend when the local chap- ter of the Sons of the Amer- ican Revolution adopted a resolution condemning such programs. All other chapters in the state were urged to take similar action. Seek Showdown on Delaware Blue Law Wilmington, Del., Jan. 12. — Plans to precipitate a showdown on Dela- ware's 144-year-old Sunday blue laws will be discussed here by a group of proprietors of bowling alleys and skat- ing rinks, who have announced their intention of opening their establish- ments Sunday. If they are closed by police the proprietors said they plan to swear out warrants for proprietors of every other type of business operat- ing on the Sabbath. A special report for the 1941 state legislature, now in session in Dover, containing recommendations for changes in the blue laws is being pre- pared by the Blue Laws Commission, of which the Rev. Ralph L. Minker is chairman. U. S. Is Considering B & K Oriental Deal Washington, Jan. 12. — The De- partment of Justice is understood to have taken under advisement the Bal- aban & Katz proposal for taking- over operation of the Oriental, sec- ond largest theatre in Chicago's Loop. The proposed B. & K. acquisition was placed before Department of Jus- tice representatives here on Friday in accordance with the standstill agreement on theatre acquisitions en- tered into by affiliated circuits with the Department of Justice in connec- tion with the New York anti-trust suit. Monogram Meeting Ends in St. Louis St. Louis, Jan. 12. — Monogram concluded a two-day franchise hold- ers' meeting at the Hotel Jefferson here today, with W. Ray Johnston, president; Samuel (Steve) Broidy, general sales manager, and others discussing- plans for the company's "March of Monogram" drive, Feb. 22 to April 11. Ireene Wicker Gets Award Tomorrow Ireene Wicker, the "Sing- ing Lady" who won first place in Motion Picture Daily's poll of radio editors for the best children's pro- gram, will be formally noti- fied of that distinction to- morrow at 2 P.M. when she will be guest on "Streamline Journal" on NBC-Blue. Alert, to the Picture Industry i f a tfctwi Luis \ MOTION PICTURE DAILY OL. 49. NO. 9 NEW YORK, U.S.A., TUESDAY, JANUARY 14, 1941 TEN CENTS C.C.Pettijohn Hits Chicago Censor Bill Asks No Change in Board If It Is Continued By IRVING YERGIN Chicago, Jan. 13.— The Chicago City Council Committee on Judi- ciary was urged by C. C. Pettijohn, MPPDA general counsel, at a hearing today to make no changes , in the censor board's operations in the event the city is to continue that board. The committee's hearing was on a resolution to remove the ■ censor board from Police De- 1 partment supervision and to limit the new censor board's functions to censorship of pic- tures for children only. Jack Kirsch, president of Allied of Illinois, and Morris Leonard, attorney for Balaban & Katz, also appeared be- fore the board and said they concurred (Continued on page 6) Stimson Praises Industry Service Hollywood, Jan. 13. — Y. Frank Freeman, chairman of the Motion Picture Production Defense Commit- tee, today disclosed official recogni- tion had been given the industry by Secretary of War Henry L. Stimson for its "non profit" services to the Army. Stimson expressed appreciation for the industry's work since 1930 in training Signal Corps officers in film methods. At the same time the Army an- nounced the formation of the U. S. Army Chief Signal Officers Photo-, graphic Advisory Council which will advise Major General Mauborgne, who is in charge of all matters of policy regarding films for the Army. The council will consist of Col. Nathan Levinson, Lieut. Col. Darryl Zanuck and Major John Aalberg. Formation of an Army Signal Corps Photographic Laboratory or- ganization and the commissioning of 10 officers in the Signal Corps Re- serve were announced today by the Research Council of the Academy of M. P. Arts & Sciences. Officers com- (Continued on page 6) Arthur Urges Films To Meet Opposition St. Louis, Jan. 13.— Bowl- ing, basketball and the radio seriously threaten the mo- tion picture box-office, be- lieves Harry Arthur, Jr. "The film business is a form of cheap entertainment and so are bowling, basket- ball and, of course, radio," he states. "It's up to Hollywood to give us the kind of prod- uct which will bring back the people who are patronizing such sports." The Fanchon & Marco gen- eral manager also asks that Hollywood stop grieving about the loss of the foreign mar- ket and to concentrate on de- veloping the domestic market. Keough Holds 2nd Meeting on Decree Austin C. Keough, Paramount vice-president and general counsel, conducted the second of a series of meetings at Boston yesterday to in- struct the company's field sales forces on their responsibilities under the consent decree. The first meeting was held in New York last week. Louis Phillips, Paramount home of- fice attorney, held a similar meeting for the company's Milwaukee ex- change staff last week and this week will conduct another in Chicago. Keough will hold sessions at Para- mount exchanges in the East and South, and Phillips will visit the Midwest and Far West exchanges. ^Little 3' Dismissal Hearing Delayed Until Next Month Hearing on motions of United Art- ists, Universal and Columbia to dis- miss the Government's amended anti- trust suit, which had been scheduled for Jan. 30, was postponed by Fed- eral Judge Henry W. Goddard yes- terday to an indeterminate date in February. The postponement was granted to avoid conflict with a hearing sched- uled for Jan. 31 in Federal court at Oklahoma City on the defendants' mo- tion to dismiss the Government suit there. The Government plans to try the Oklahoma City case first. Judge God- dard, therefore, gave precedence to that hearing, which several of the New York attorneys expect to at- tend. 'Bishop' Will Open In Lincoln Today Lincoln, Jan. 13. — Celebrities from Hollywood and New York will gather here tomorrow for the triple premiere of Richard A. Rowland's film, "Cheers for Miss Bishop," releasd by United Artists. It will open simultaneously at the Stuart, Nebraska and Lincoln Theatres. From Hollywood will come a group headed by Rowland, Tay Garnett, the director, and Irvin S. Cobb, and in- cluding William Gargan, Wayne Mor- ris, Albert Dekker, Neil Hamilton, Barbara Pepper, Mary Anderson, Martha O'Driscoll, Lois Ranson, William Farnum and Marsha Hunt. Song Writers to Form Union; BMI Attacked at Meeting The Song Writers Protective Asso- ciation at a meeting last night at the Park Central Hotel decided to form an A.F.L. union to better cope with the present music situation, after a resolution was adopted urging that steps be taken to bring the song writers' case to the attention of the public. Irving Caesar, S.P.A. president and prominent Ascap member, de- clared that BMI was the only im- portant firm which lias refused to sign the standard S.P.A. contract. Ac- knowledging that BMI has incor- porated many of the S.P.A. provisions into its contract, "such things as royalties from the sale or licenses to (Continued on page 8) 20th - Fox Considers July Trade Showings Hollywood, Jan. 13. — Discussions of 20th Century-Fox executives at the studio, which started today, center at present on the proposal to have two blocks of five films each ready for July trade showings, in line with the Federal consent decree. Conferring are Sidney R. Kent, Joseph M. Schenck, Herman Wobber, Darryl F. Zanuck and William Goetz. The meeting may extend into next week, going into all phases of production, distribution and advertising and ex- ploitation as affected by the decree. Regulation Is Threatened By Wheeler ' U nbr idled Propaganda' Cited by Senator By BERTRAM F. LINZ Washington, Jan. 13. — Legis- lation to regulate the motion pic- ture industry was threatened today by Senator Burton K. Wheeler, anti-war chairman of the Senate Interstate Commerce Committee, as a result of what he termed its "unbridled propaganda." The possibilities of Congres- sional action were disclosed in a letter which the Senator said he had sent to Will H. Hays, president of the MPPDA, charging the industry with en- gaging in extensive propagan- da for war with the encourage- ment of the Administration. The Senator told Hays that war propaganda by the industry was reaching a point where he believed legislation will have to be enacted to control such activities unless the industry adopts a "more impartial" attitude. Discussing the situation, he said it was his understanding that the Administration had urged the in- dustry to produce and distribute propaganda pictures. Korda Arrives for U. A, Board Meeting Alexander Korda, United Artists owner-producer, arrived from the Coast by plane yesterday. He will attend the monthly meeting of the United Artists board of directors at the home office today. Korda plans to leave for the Coast on Thursday. Maurice Silverstone, United Artists chief executive ; Ar- thur W. Kelly, vice-president and general sales manager ; Charles Schwartz, director and counsel, and Edward C. Raftery, director and counsel, will leave for the Coast this weekend for meetings with company producers. Korda will testify tomorrow in Federal District Court in the suit of Samuel Goldwyn against United Art- ists, under an agreement reached yesterday by attorneys before Federal Judge Edward A. Conger. Korda will (Continued on page 6) 2 Motion Picture Daily Tuesday, January 14, 1941 Personal Mention Times Square to Be 'Dimes Square' Mayor F. H. LaGuardia and other celebrities are schedul- ed to take part in ceremonies at noon tomorrow changing the name of Times Square to "Dimes Square" for the day in connection with the the- atres' participation in the drive for the National Found- ation for Infantile Paralysis. The dancing "lines" from the Radio City Music Hall and th<» Roxy will put on a "dance of dimes." This will be preceded by a parade down Broadway with about 1,000 ushers and others in line. 'Philadelphia' to Go Four Weeks at Hall "Philadelphia Story" will play a fourth week at the Music Hall. Now in its third, the film with a stage show grossed an estimated $62,000 Thursday through Sunday. "Love Thy Neighbor" concludes a four-week run at the Paramount to- morrow. The picture with Tommy Dorsey's orchestra drew about $14,- 000 Saturday and Sunday and is ex- pected to finish its final week tonight with an estimated $30,000. "Second Chorus" with Harry James and his orchestra on the stage opens tomor- row. "Four Mothers" with Sammy Kaye on the stage gave the Strand about $19,000 Friday, Saturday and Sunday in its first week and will be held for a second. At the Roxy, "Hudson's Bay" and a stage show garnered about $36,000 Thursday through Sunday and will hold over. "Night Train" continued strong at the Globe, drawing an estimated $11,- 500 the second week and is now in a third. "Kitty Foyle" will go a sec- ond week at the Rivoli. 7,871 Theatres Join In Red Cross Drive A total of 7,871 theatres will have participated in this year's national Red Cross campaign, according to a report issued yesterday by the indus- try's campaign committee for the- atres, of which L. E. Thompson is general chairman and David Palfrey- man, secretary. It is pointed out, that 6,488 the- atres exhibited the industry's special Red Cross drive subject, featuring Deanna Durbin, during the Nov. 11-30 period. An additional 1,423 theatres will book the subject in 66 cities which conduct their annual Red Cross drives after Nov. 30, according to the com- mittee report. A large number of other theatres was unable to partici- pate either because their communi- ties do not conduct Red Cross drives or because their drives are consoli- dated with Community Chest fund campaigns. Club Election Saturday Cincinnati, Jan. 13. — The Cinema Club of Cincinnati will hold its an- nual election of officers Saturday. In- stallation dinner has been set for Feb. 21, in the Variety Club quarters. ROBERT M. GILLHAM, Para- mount advertising and publicity director, will arrive from the Coast today. • Oscar Morgan, Paramount South- ern division manager, is in Atlanta on a brief business visit. • Betty Goldsmith, secretary to James Mulvey, Eastern representa- tive for Samuel Goldwyn, yesterday started on her 11th year with Gold- wyn. • Venus Dipson, daughter of Niki- tas Dipson, upstate New York cir- cuit operator, and William Helis, Jr., were married recently at the home of Spyros Skouras in West- chester. • B. G. Kranze, RKO manager in Albany, left yesterday with Mrs. Kranze for Miami. • Max Friedman, zone booker for Warners Theatres in Albany, and Mrs. Friedman left over the week- end for a Miami Beach vacation. • Harry Glickman, president of Mecca Film Laboratories, has return- ed from three weeks' vacation in Miami. • Frank J. Shaughnessy, mana- ger of the Academy, Northampton, Mass., sustained face and head injur- ies in an automobile accident last week. • John Milligan of the Schuyler, Schuylerville, N. Y., is in Miami on vacation. Trade Press Lunch Welcomes Weshner David E. Weshner, recently ap- pointed exploitation director for Unit- ed Artists, was feted at a luncheon yesterday at Dinty Moore's restau- rant attended by trade press repre- sentatives. Among those in attendance were Martin Quigley, Maurice Silverstone, Arthur Kelly, Terry Ramsaye, Charles Buckley, Walter Gould, Mon- roe Greenthal, Albert Margolies, Maurice Kami, Chester Bahn, Don Mersereau, James P. Cunningham, Charles S. Aaronson, Jack Harrison, Charles E. Lewis and Herbert Golden. Johnstone Named by New Orleans Union New Orleans, Jan. 13. — A. S. Johnstone has been reelected president of the operators' Local 293 here. Other officers are : A. C. Miranne, vice-president ; E. L. Beaud, record- ing secretary ; J. E. Skelly, financial secretary ; E. L. Beaud, business agent. Members of the executive board are : W. L. Breitenmoser, Beaud, Miranne, Skelly, A. T. Weiss, V. C. Malhes and T. N. Chateau. Charter N. Y. Bookers Albany, Jan. 13. — Michael F. Walsh, Secretary of State, has issued incorporation papers to the Motion Picture Bookers Club of New York, Inc., which was organized more than a year ago. JOSEPH BERNHARD, general manager of Warner Theatres, is due Saturday from the studio. • Albert Lewin, production partner of David Loew, arrived yesterday for conferences at United Artists. Loew arrived here last week. • Elmer Sichel, 20th Century-Fox booker in Albany, and Mrs. Sichel have left by auto for Miami. • Mrs. Sam Kaplan, wife of the RKO home office projectionist, on Saturday gave birth to a son at Bronx Hospital. • Robert Weitman, Arthur Mayer, J. Robert Rubin, Toby Gruen, John Golden, Frederic Lonsdale and William Melniker lunching at Sardi's yesterday. • Fred McConnell, Walter Fut- ter, Douglas Rothacker, Jeffrey Bernerd, James Cron, Ray Gal- lagher and Lou Pollock at the Tav- ern yesterday for lunch. • Clarence Eiseman, B. S. Moss, Martin Moskowitz and Hal Horne having lunch at Lindy's (51st St.) yesterday. • Herman Robbins, Erno Rapee, E. K. O'Shea and Sidney Phillips lunching yesterday at Nick's Hunting Room in the Astor. • Nate Spingold, Jack Cohn, Rube Jackter, Maurice Freeman, Mil- ton Berle and Edward Wolf at Lindy's (next to the Rivoli) yester- day for lunch. Kansas Unit Names Legislative Group Kansas City, Jan. 13. — R. R. Bie- chele, Kanas City, Kan., president of the Kansas-Missouri Theatres Asso- ciation, has appointed Rex Barrett, Commonwealth Theatres manager at Columbia, Mo., as chairman of the legislative committee for Missouri. Other members named by Biechele are Frank Cassil of the Rialto and Up- town, St. Joseph, Mo., and Tom Ed- wards of the Ozark, Eldon, Mo. The Missouri legislature convened Jan. 8, but the fight over the seating of Forrest C. Donnell, St. Louis, as Republican Governor is expected to delay any legislative action by the preponderantly Democratic legisla- ture, possibly for weeks. MPPDA Directors Will Meet Today The MPPDA board of directors will meet again today at 11 A.M. The meeting is expected to be the last before Will H. Hays, president, leaves for the Coast to attend the annual meeting there of the Association of M. P. Producers, Feb. 4. N. J. Allied Unit Meets Forthcoming nomination and elec- tion of New Jersey Allied state offi- cers at Trenton Jan. 21 was discussed yesterday at a meeting of the South Jersey unit at the Walt Whitman Hotel in Camden. Sam Frank, chair- man of the unit, presided. W. B. Release War Subject By CHARLES S. AARONSON "Christmas Under Fire," second of the propaganda short subjects pro- duced by the British Governments General Post Office Film Unit, was previewed yesterday afternoon by Warners at the home office. As was the case with "London Can . Take It," first subject, also released by Warners, the profits from the dis- 1 tribution of this film will be contrib- 1 uted to British war relief. The earl- I ier subject was released last Fall, and J the new one will be released Jan. 24. 1 The first release is said to have I achieved about 12,000 bookings in the I United States and Canada. "Christmas Under Fire," when 1 shown in London in December, 'was I reviewed by cable in the Dec. 23 Motion Picture Daily by Aubrey j Flanagan, who described it as a "su- I perbly moving film." Quentin Rey- 1 nolds, London correspondent for Col- '1 lier's, who was narrator for the first jl subject, also handled the narration I on this. Running 10 minutes, the film pic- I tures the manner in which the people I of England carried through the I Christmas holiday tradition despite I the enemy bombers overhead. Most impressive is the scene of small chil- dren clustered about a laden Christ- I mas tree, deep underground in the London subway. Jorgenson Action Started in Dallas Dallas, Jan. 13. — The anti-trust suit of H. N. Jorgenson, owner of the East Grand Theatre here, against In- terstate Circuit, went to trial today before Federal Judge William H. At- well and a jury. The trial is expected to take two days, and is the first of three actions against Interstate. The other two are by Sam Kirscheimer, with trial scheduled to start Thursday, and by R. Z. Glass, on next Monday. Arthur Joins Republic Hollywood, Jan. 13. — George Ar- thur, associate producer for Para- mount the last 12 years, has joined Republic in the same capacity. MOTION PICTURE DAILY (Registered U. S. Patent Office) Published daily except Saturday, Sunday and holidays by Quigley Publishing Company, Inc., 1270 Sixth Avenue, Rockefeller Center. New York City. Telephone Circle 7-3100. Cable address, "Quigpubco, New York." Mar- tin Quigley, Editor-in-Chief and Publisher; Colvin Brown, Vice-President and General Manager; Watterson R. Rothacker. Vice- President; Sam Shain, Editor; Alfred L. Finestone, Managing Editor; James A. Cron, Advertising Manager; Chicago Bureau. 624 South Michigan Avenue, C. B. O'Neill. Manager; Hollywood Bureau, Postal Union Life Building, William R. Weaver, Editor; London Bureau, 4 Golden Square, London Wl, Hope Williams, Manager, cable address "Quigpubco, London." All contents copy- righted 1941 by Quigley Publishing Com- pany, Inc. Other Quigley publications: Motion Picture Herald, Better Theatres. International Motion Picture Almanac and Fame. Entered as second class matter. Sept. 23, 1938, at the post office at New York, N. Y., under the act of March 3. 1879. Subscription rates per year $6 in the Americas and $12 foreign. Single copiei 10c. Filmed Under Fire,and Narrated Under Fire in London by the Famed War Correspondent of Collier's Magazine Quentin Reynolds YOUR PATRONS LISTENED! "Things worth fighting for" said President Roosevelt! Read every word of it! ^ As men do not live by bread alone, they do not fight by armaments alone. Those who man our defenses and those behind them who build our defenses must have the stamina and the courage which come from unshakeable belief in the manner of life which they are defending. The mighty action that we are calling for cannot be based on a disregard of all the things worth fighting for. The nation takes great satisfaction and much strength from the things which have been done to make its people con- scious of their individual stake in the preservation of democratic life in America . . . Here's how you as part of the motion picture industry may help in the united effort to make all our people "conscious of their individual stake in the preservation of democratic life in America*" (continued above) THE SCREEN REPLIES! While the President's words still echo throughout the land, how fortunate that our industry stands ready to fill the public's demand for a thrilling American motion picture entertainment! Here it is for you to see its wonders for yourself! It has been successfully pre -tested and complete showmanship campaigns are available to make it easy for you to score at the box-office and in the esteem of your community! 139 Fssr 1000 THRILLS I NEVER EQUALLED! OUR GUARANTEE: More roaring thrills per second than any screen entertainment in history! Cavalcade of screen wonders snatched from the treasures of 51 Hollywood producers! 150 years of breathless American drama . . . adventure . . . romance . . . \— / packed into one mighty show! k J/\ The Motion Picture Industry of the United States IS THRILLS The Revolutionary War! Washington at Valley Forge! "Old Ironsides" attacks ond defeats the pirates of Tripoli! Gold rusht Pony express! In- dian raids! Gun rule! Custer's lad stand 1 Civil War ! Fight between Merrimac ond Monitor' "Remember the MomefRough Riders! Charge of San Juan Hill! 1914 I Sink- ing of the Lusitanio! A me r- ieo fights "Over There!" THESE GREAT STARS DON AMECHE GEORGE ARLISS EDWARD ARNOLD BINNIE BARNES JOHN BARRY MORE LIONEL BARRYMORE WARNER BAXTER WALLACE BEERY WALTER BRENNAN GEORGE BRENT VIRGINIA BRUCE BOB BURNS LEO CARRILLO CLAUDETTE COLBERT GARY COOPER BETTE DAVIS DEAD END KIDS RICHARD DIX IRENE DUNNE HENRY FONDA JANET GAYNOR WALTER HUSTON JOEL McCREA VICTOR McLAGLEN FREDRIC MARCH RAYMOND MASSEY R08ERT MONTGOMERY ANNA NEAGLE GAIL PATRICK GEORGE RAFT LUISE RAINER PAUL ROBESON ANN RUTHERFORD JOSEPH SCHILDKRAUT RANDOLPH SCOTT JAMES STEWART LEWIS STONE MARGARET SULLAVAN AKIM TAM1ROFF SPENCER TRACY LORETTA YOUNG — owd many more / All seles profits from this film realized by Hit Distributors will be donated to war emergency welfare work by the Motion Picture Industry. THEATRE ( Above" One of the showmanship ads from the successful Williamsport test run.) REMEMBER! The entire cost of mak- ing "Land of Liberty" was donated by the organized industry! (1) Every producer joined in making it. (2) All sales profits realized are being donated to war emergency work. (3) All the services of distribu- tion are given free. (4) Exhibitors are asked for rental only. Exceptional oppor- tunities are yours through live- wire showmanship! (5) M-G-M is handling distri- bution on behalf of the indus- try. Communicate with your M-G-M Branch. 6 Motion Picture Daiia Tuesday, January 14, 1941 C.C. Pettijohn Hits Chicago Censor Bill {Continued from page 1) in Pettijohn's statements. Walter Cromwell of the Juvenile Protective Agency of Chicago told the committee there had been fewer cases of juvenile deliquency reported involving motion pictures than almost any other enter- prise. Cites Film Improvement "Motion pictures today," Pettijohn told the committee, "are far superior artistically, morally, in entertainment value and in every other way than at the time your obsolete, useless and un-American censorship ordinance was passed. While we are all opposed to the censorship of any form of hu- man expression, if you are to con- tinue to have a censorship board in Chicago, we respectfully and unani- mously suggest that you continue to let it be conducted as it now is." The committee will visit censor board headquarters on Wednesday to make a first-hand study of its opera- tions and will make its report to the City Council within the next two or three weeks. The report is expected to include a recommendation exempt- ing newsreels, which are now sub- ject to censorship. MOTION PICTURE SOUND ENGINEERING ■ The Industry's leading sound engineers pre- pared this book for you! 547 pages, completely covering every practical method and process in present day sound engineering. Every detail of apparatus and its arrangement is minutely explained and profusely illustrated. Here is the practical answer to the perplex- ing problems of sound en- r^=^ra gineering. Order today! [f3]fc» $6.50 POSTPAID Bisl QUICLEY BOOKSHOP ROCEKELLER CENTER, NEW YORK Circuit in Canada Pays Draftee Wages St. John, N. B., Jan. 13.— In addition to a bonus to all employes of from one to three weeks' pay, according to length of service, Frank- lin & Herschorn, local circuit, is paying employes who are drafted for army training their regular wages in full. Thus far, the training is for one month only, but indica- tions are for an extension of three or four months. Stimson Praises Industry Service {Continued from page 1) missioned as part of the war depart- ment plans to use the industry's facili- ties are S. J. Briskin, major in charge of the film department; Gordon S. Mitchell, W. W. Lindsay, captains ; Lloyd T. Goldsmith, D. B. Graybill, Ray Fernstrom, Arthur Ramsey, J. E. Grainger, Winton C. Hoch, first lieutenants ; Jules Buck, Milton Sperling, second lieutenants. None is to be called to active duty except in case of full mobilization. Korda Arrives for U. A. Board Meeting {Continued from page 1) answer written interrogatories sub- mitted by Goldwyn's attorneys. Judge Conger yesterday ordered Goldwyn to drop a number of allega- tions in the second cause of action in the complaint, which demands $2,- 000,000 damages for alleged U.A. in- terference with the distribution of "The Westerner." The court ruled the allegations were unnecessary. The court also held that Goldwyn could not seek damages in addition to an injunction in the first cause of action of the complaint. Para. Realigns Phila. Territories Piladelphia, Jan. 13. — Charles Malley, veteran Paramount booker here, has resigned to join the A. T. & T. Stanley Given, formerly at the local Columbia exchange, has re- placed him. Realignment of territories has Ralph Garman handling the War- ner circuit and all key towns ; Matthew Judge, Philadelphia and vicinity ; Given, southern New Jer- sey, and Merton Nason, Comerford Publix and all accounts located in Pennsylvania exclusive of Philadel- phia and vicinity. Clurman Joins 20th-Fox Hollywood, Jan. 13.— Harold Clur- man, organizer and business manager of the Group Theatre in New York, has joined 20th Century- Fox as an associate producer. His last film work was on Walter Wanger's "Blockade." 'U' Transfers Grant Indianapolis, Jan. 13. — Wilbur Grant, northern Indiana represen- tative for Universal here, has been transferred to Philadelphia. Frank Reimer succeeds him in the local post. Exchange Contract Demanded in Albany Albany, Jan. 13. — A contract cov- ering working conditions for local exchange office employes must be signed without delay, branch mana- gers here will be informed. Edward K. Flaherty, representative of the employes, who are members of Local 20940, American Federation of Of- fice Employes, was so instructed to advise the managers following a union meeting at the DeWitt Clinton Hotel today. The union, an A. F. L. affiliate, au- thorized Flaherty to take whatever action he deems necessary to obtain compliance in the event the exchanges do not sign promptly. The union's membership includes virtually all of- fice employes of the local exchanges. Reading Musicians Elect Diefenderfer Reading, Pa., Jan. 13. — The local musicians union has installed Frank L. Diefenderfer as president for his 21st term. George W. Snyder, an- other veteran, was inducted for his 12th term as treasurer. Other officers are George S. Haller, vice-president ; Edward A. dicker, secretary, and George A. Mack, assistant secretary. At the installation, a committee was appointed to arrange for the union's 40th anniversary celebration to be held in the Abraham Lincoln Hotel in March. Cleveland Operator License Bill Killed Cleveland, Jan. 13. — The City Council has killed a proposed city or- dinance to require all motion picture operators to obtain a license from the city. Building Commissioner William D. Guion explained the purpose of the ordinance was to obtain new income for the city. An overflow crowd which stormed into the City Council committee hear- ing protested, however, that the measure threatened to kill the showing of educational films in public schools and by civic organizations. Baltimore Variety Club Dance Feb. 1 Baltimore, Jan. 13. — Third annual dinner and dance of the local Variety Club will be held Feb. 1. Rodney Collier, manager of the Stanley The- atre, is general chairman of the affair. Assisting him are William Hicks, J. Louis Rome, Barry Goldman, Joseph Grant, Edward F. Perotka, Edward A. Kimpel, Edwin A. Sherwood, Ber- nard Seaman, O. D. Weems, Morton Grant, Howard Burman and Mark Silver. Producers* Release In Canada Is Set Hollywood, Jan. 13. — Producers Releasing Corp.'s 1941 films will be released in Canada and the Maritime provinces by the former Grand Na- tional Films, Ltd., which will be re- incorporated as Producers Releasing Corp. of Canada and Newfoundland. The company plans to release a minimum of 38 pictures. Reach Agreement On Birthday Balls Chicago, Jan. 13. — An agreement was reached here over the weekend with the Theatre Authority which will permit actors to appear at the Presi- dent's birthday balls in Chicago, St. Louis and Cincinnati on Jan. 30. Permission previously had been re- fused. The agreement provides for 15 per cent of the gross receipts to be given to the Theatre Authority's welfare fund and for employment of a "stand- by" show. The agreement was worked out by the Theatre Authority's Mid- west branch, which is the clearing- house for benefit shows for the Asso- ciated Actors and Artistes of America, with the President's Birth- day Ball committee. Publicists' Guild Charges 'Stalling' A resolution charging major com- panies with ''stalling" in their rela- tions with the Screen Publicists Guild was adopted by the organiza- tion at its last regular meeting. Cop- ies of the resolution calling on the companies "to meet with us immedi- ately to arrange for the proving of our majorities," were sent to the presidents of the eight major com- panies yesterday. Copies were also sent to Charles Kramer of the National Labor Rela- tions Board and the Screen Pub- licists Guild of Hollywood. The S. P. G. filed a demand for designation as collective bargaining agency with the N.L.R.B. several months ago and an informal hearing was held. Membership lists of the union were submitted to the N.L.R.B. but nothing further was done. No date has been set for formal hearings. Ray-Bill Ordered to Reinstate Union Men Washington, Jan. 13. — Ray-Bill Films, Inc., St. Paul, Minn., producers of commercial films, today were or- dered by the National Labor Rela- tions Board to cease discouraging merbership of employes in Motion Picture Laboratory Technicians, A. F. L., or any other labor organiza- tion and to offer reinstatment with back pay to an employe found to have been discharged in February, 1940, for union activities. Moss Plans 2nd House Polk Realty Corp., of which B. S. Moss is president, has disclosed plans for a 2,000-seat theatre and commercial development to be built in the block between 75th and 76th Streets, Jackson Heights, L. I. Moss said plans were filed last week for a similar development in Forest Hills. L. I., which was recently announced. 'Crazy With Heat' Opens Here Tonight A new musical revue, "Crazy With the Heat," star- ring Willie Howard and Lu- ella Gear, opens tonight at the 44th Street Theatre. Kurt Kasener is the producer. Clark Lilly directed. t>, PUT THE SPOTLIGHT ON NATIONAL CARBON COMPANY, INC Unit of Union Carbide and Carbon Corporation am Carbon Sales Division, Cleveland, Ohio GENERAL OFFICES 30 East 42nd Street, New York, N. Y. BRANCH SALES OFFICES New York, Pittsburgh, Chicago, St. Louis, San Francisco 8 Motion picture daily Tuesday, January 14, 1941 Foods Lead CBS Billings At$13,287,174 Food and food beverages topped the industry classifications in CBS gross billings during 1940, with $13,287,174. Drugs and toilet goods ran second with $8,738,400. Cigars, cigarettes and tobacco con- tributed $6,511,499; soaps and house- hold supplies, |3,923,407; lubricants, $2,448,700; confectionery and soft drinks, $1,932,356; automotive, $1,930,- 687; financial, $954,457; silverware, $302,000; stationery and publishing, $231,403; building materials, $117,076; paints, $39,129; radios and phono- graphs, $32,995; travel, $17,707; po- litical, $535,406, and miscellaneous, $23,153. General Foods was the top client with $4,092,519, followed closely by Campbell, $4,044,389. Benton & Bow- les was the leading agency with $5,- 928,983. Ruthrauff & Ryan was sec- ond with $4,569,185. Radio Engineers to Meet on Allocations Washington, Jan. 13. — Engineers from countries which are parties to the North American Regional Broad- casting Agreement will meet at FCC offices tomorrow to consider problems which threaten to create station inter- ferences when the new allocations go into effect at the end of March. FCC officials said today that the problems to be discussed are of an engineering character, but explained that some of them would affect the allocations and might make necessary changes in the frequencies of certain broadcasting stations in this country. Move Booking Office Minneapolis, Jan. 13. — The Pioneer Theatre Co. has removed its booking offices from the St. Louis Park Theatre building in suburban St. Louis Park here, to Des Moines, to reach a more central point among the dozen theatres serviced by the office. Mac Facter is head of the of- fice and will move to Des Moines. Many of the firm's theatres are lo- cated in Iowa. Radio Companies Sued Adrian J. Flanter has filed suit in N. Y. Supreme Court against Greater New York Broadcasting Corp. and the International Broad- casting Corp., seeking $4,159 damages against the former, and $189 against the latter. He contends the defend- ants breached an employment con- tract. Crooks Receives Daily Poll Award Richard Crooks, star of the "Firestone Hour," on the program last night over NBC-Red acknowledged his designation as best male classical vocalist in the re- cent poll of radio editors con- ducted by Motion Picture Daily. Fly Sees Early End Of Monopoly Probe Washington, Jan. 13. — Hope that the long pending monopoly investiga- tion may be brought to an end with- in the next two or three weeks with the writing of a final report by the FCC, was expressed today by James L. Fly, chairman. Fly disclosed that, in appearing be- fore the House Appropriations Com- mittee last month at hearings on the FCC budget for the coming fiscal year, he was questioned about the status of the monopoly investigation. The preliminary report, submitted to Congress last June, started hearings before the Senate Interstate Com- merce Committee on the reappoint- ment of former Commissioner Thad H. Brown. Fly said today that he hoped to be able to get the FCC's final word on the report within two or three weeks, but that no decision has been reached on whether it would be sent to Con- gress. Charter Four Companies Albany, Jan. 13. — Four theatre in- corporations here include : Rhinehook Theatres, Inc., by Sidney F. Cohen, Philip Eisenberg and Ida Cohen, New York ; J. J. Theatres, Inc., by Sey- mour M. Peyers, Sidney Freidberg and Peter A. Lewis ; Eaton Theatre Corp., by Marian Schoen, Lilyan Ma- nilla and Gertrude Schorr, New York, and Lekay Amusement Corp., by Sam- uel K. Goldstein, Meyer B. Goldstein and Shirley Barad, New York. Canadians Name Wells Toronto, Jan. 13. — E. H. Wells has been named secretary-treasurer of the Motion Picture Distributors of Canada, which is under the new presidency of J. P. O'Loghlin, with Col. Tohn A. Cooper, former presi- dent, as chairman of the board. Wells has been secretary of the Canadian Film Boards of Trade for a number of years and will continue in that capacity. Kunitzky in U. A. Post St. John, N. B., Jan. 13.— Suc- ceeding George Heiber, promoted to manager of the local United Artists' exchange, as office manager-booker is Sam Kunitzky of St. John. Kunitzky has been a partner of Sam Jacobs in Eastern Films, independent exchange here. Washington, Jan. 13. — Applica- tions for two more FM staitons have been filed with the Federal Communi- cations Commission, construction per- mits being asked by WOKO, Inc., Albany, N. Y., for a station to oper- ate on 45,100 kilocycles, covering 7,164 square miles with a population of 922,163, and by Seaboard Radio Broadcasting Corp., Glenside, Pa., for a station to operate on 48,300 kilo- cycles to cover 9,600 square miles with a population of 2,900,000. The commission announced it had tentatively set Feb. 28 as the date for a hearing on the conflicting applica- tions of the Park Cities Broadcasting Corp. for a new 940-kilocycle, 500- watt station at Dallas, and Station AP to Sell Service To Stations Direct The Associated Press will drop its present policy of dealing with radio stations only through newspaper mem- bers of the AP and will sell its service directly to the broadcasters themselves, it was revealed yesterday. The new setup was authorized by the board of directors during its meeting last week. The board also declared that a separate organization would be created within the AP for servicing news to radio stations and networks, but details will not be made known URtil later this week. Cincinnati Games at New High Last Year Cincinnati, Jan. 13. — Charity chance games in the city reached an all-time high in 1940, when the at- tendance at 2,718 municipally licensed parties totaled 3,147,837. Gross re- ceipts were $2,381,573 ; prizes distrib- uted amounted to $572,339, leaving net profit of $1,809,233 to the sponsoring organizations, according to records of Police Chief Eugene T. Weatherly. Comparativelv, in 1939 there were 2,259 parties attended by 2,431,861. The gross was $1,924,681, prizes to- taled $465,721, and net profit $1,458,- 959. Average weekly attendance in 1940 was approximately 60,000, against 47,000 in 1939, while average cost per player in 1940 was 57.4 cents, com- pared with 60 cents in 1939. Sue Over Screen Credit Mitchel Parish and Hoagy Car- michael, song writers, have filed a $50,000 suit against 20th Century- Fox alleging they failed to receive screen credit for "Stardust" in the film of that name. The company has filed an answer saying that the contract for the song did not require screen credit. Messenger Robbed Minneapolis, Jan. 13. — A messen- ger for the Franklin Amusement Co., Fred Berg, was robbed today of about $1,000, the weekend receipts for the Franklin Theatre and two other sub- urban houses operated by the com- pany. KRBC, Abilene, for change of fre- quency from 1,420 to 940 kilocycles and increase of power from 250 to 1,000 watts. The commission has granted Grenco, Inc., a construction permit for a new 1,420-kilocycle, 250-watt broadcasting station at Greenwood, S. C. The commission also authorized increases in night power from 1,000 to 5,000 watts to Stations KFYR, Bis- marck. N. D. ; KDYL, Salt Lake City, Utah, and WKBH, La Crosse, Wis. An application filed by West Pub- lishers, Inc., for a construction permit for a new 610-kilocycle, 1.000-watt sta- tion at Houston, Tex., was ordered set for hearing. Song Writers Organizing; BMI Attacked (Continued from page 1) use titles, electrical transcriptions, dramatizations, television and numer- ous other sources of possible revenue now known or hereafter to be dis- covered are kept by BMI without a division with the writer," Caesar pointed out. Caesar questioned the ethics or le- gality of the CBS ownership of Col- umbia Phonograph Co. and RCA ownership of Victor Talking Machine Co. He declared that BMI has "no right in the publishing business as long as they have a broadcasting parentage. Frankly, we are no match for that kind of competition." Will Seek Charter The Song Writers decided to ask for a union charter from the A.F.L. after it discusses the proposal with its Hollywood group. The proposal was made by Billy Rose. A committee of six appointed to draw plans and see them through includes Otto Harbach, Edgar Leslie, Sam Lewis, John Loeb, Rose and Caesar. Rose declared that this is "the only effective means of meeting the BMI threat, as otherwise the song writers will be at the mercy of publishers who may desert Ascap and to go to BMI." As members of the A.F.L., the union will seek the support of other thea- trical unions. The meeting authorized the S.P.A. to negotiate terms for copyrights with the producers of coin machine films. Ascap Signs Nine California Stations San Francisco, Jan. 13. — Nine California stations have been signed by Ascap, it was reported today by H. A. Levinson, local Ascap manager. The stations are : KLS, Oakland ; KFWB, Hollywood; KGDM, Stock- ton; KTRB, Modesto; KIEV, Glen- dale; KPTC, Pasadena, and KFVD, KFSG and KRKD, Los Angeles. Song Suit Settled Settlement of the song infringement suit of Mabel Wayne and Neville Fleeson against M-G-M has been filed in N. Y. Supreme Court. Terms of the settlement were undisclosed. The plaintiffs charged infringement of their song, "Betwixt and Between," in, "In Between," sung by Judy Gar- land. Trenton Musicians Elect Trenton, N. J., Jan. 13. — The local musicians' union, No. 62, has elected the following officers for the year : John E. Curry, president : George Butler, vice-president ; Alvah R. Cook, secretary ; Frank L. Cook, treasurer, and Peter William Radice. business agent. Schines Try Stage Show Rochester, Jan. 13. — Schine's Rialto and Temple tried stage shows this weekend with Jane Autry's Colorado Cow Girls featured. The act played the Rialto Friday night and the Temple Saturday night. Seek Permits for 2 FM Stations MOTION DAILY First In and Impartial VOL. 49. NO. 10 NEW YORK, U.S.A., WEDNESDAY, JANUARY 15, 1941 TEN CENTS $10 Daily Fee Standard for Arbitrators May Be Waived, Reduced At A. A. A. Discretion The standard fee for arbitrators who will hear and decide com- plaints submitted for arbitration throughout the industry will be $10 per day, it was decided yesterday by the American Arbitration Asso- ciation. The fee may be waived or reduced at the discretion of the A.A.A. It will not, however, be increased except in extraordi- nary cases, it was said, al- though a maximum daily fee of $50 is permitted under the con- sent decree arbitration pro- vision. In determining whether the stand- ard $10 fee shall be waived or re- duced, the A. A. A. will be guided by its policy of making arbitration avail- able to all. If accumulated fees in cases requiring lengthy hearings ap- pear to be burdensome to an exhibitor, or tend to discourage the filing of (Continued on page 5) "Cheers for Miss Bishop" [Rowland-ILA.] A GAIN that incurable roman- ticist, Richard A. Rowland, who arose to fortune on the first tide of the screen, only to share in its ebbs and flows ever since, ar- rives pristine again with a major picture — "Cheers for Miss Bishop." Many, if not most, showmen will be a-remembering when "Dick" brought forth, exclusively on his own enthusiasm and ardent hope, that famed "The Four Horsemen of the Apocalypse," so long ago. There is one difference now. Row- land never read the "Four Horse- men," but for the two years since he first read "Miss Bishop," the novel (.Continued on pane 5) "VIRGINIA" is reviewed from Hollywood on Page 5. Hollywood production news will be found on Page 9. Para. Realignment Set for Sales Meet Realignment of Paramount's sales organization to meet changes imposed by the con- sent decree will be completed in time for announcement at the company's meeting of district and branch managers at Chicago, Jan. 21 to 23, it was stated vesterday. Exhibitors Warned Tickets Must Show Admission Prices Washington, Jan. 14. — Motion picture exhibitors today were warned by the Internal Revenue Bureau that all tickets sold must show the price of admission conspicuously, regardless of whether they are taxable or tax- exempt, and ticket printers were urged to discourage orders for tickets on which a blank space is left, to be filled in later by the theatre. There is no penalty attached to the printing of tickets without the price of admission, but such so-called stock tickets may not be used by any the- atre without showing the price ex- cept under liability to severe penalties, it was pointed out. Since all ticket printers are required to report all orders placed by customers, it is rela- tively easy task to run down tickets which are sold without having the price imprinted. FILMS ORGANIZED TO PROMOTE U. S. IN LATIN AMERICA Nelson Rockefeller, Coordinator, Discloses Broad Program of Studio Cooperation; Whitney Conferring in Hollywood Washington, Jan. 14. — Nelson A. Rockefeller, Coordinator of Com- mercial and Cultural relations between the American Republics, an- nounced today a wide scale program for the use of motion pictures as a edium for promotion of closer relations and better understanding among the American republics. Jones Giving Up Oriental Theatre Chicago, Jan. 14.— Jones, Linick & Schaefer, it is reported, will soon re- linquish the Oriental Theatre. Notice that the lease on the theatre held by J. L. & S. will be terminated because of arrears in rental amounting to $50,- 000 is reported to have been served by the owners of the structures. The theatre was recently offered to Balaban & Katz. B. & K. is holding all negotiations in abeyance pending word from the Department of Justice that it may proceed to acquire the house. At a Washington hearing last week. Elias Mayer urged that the theatre not be shut down. Ascap Ponders Labor Union Or Guild for Its Members The possibility that Ascap mem- bers will form their own guild or union or affiliate with an existing authors' guild in order to meet changed music licensing conditions resulting from the formation of Broadcast Music, Inc., by the major networks, was broached in responsible music quarters yester- day. Ascap officials admit they see the guild-union plan as an alternative to Federal regula- tion of both Ascap and the networks-BMI group or a Fed- eral consent decree in the radio-music field. They are not committing themselves to any one plan of possible affiliation, however. Discussion of the subject followed on the action of the Song Writers Protective Association in approving plans Monday night for the formation of an A. F L. union for its member- ship, for the same reason. It was also reported yesterday that informal discussions have been held by Ascap officials with officers of the Authors League of America on the general advisability of Ascap's mem- bership becoming affiliated with that organization. It was said that representatives of the Authors League also view the ex- (Continned on page lo) Rockefeller announced the appointment of Hollywood com- mittee representative of the producers, stars, writers and directors to cooperate in carry- ing out the program, and de- tailed initial steps taken to date. "The motion picture industry," said Rockefeller, "was among the first to organize itself for cooperation with the coordinator's office. In confer- ences over the past few weeks with John Hay Whitney, director of the motion picture division of the co- ordinator's office, representatives of the industry have formed cooperating committees to make more effective the whole range of its contribution — in feature films, short subjects, and news reels." At the same time, Whitney an- nounced that several features involv- (Continued on page 5) Lee Elected Head Of M. P. Associates Joseph J. Lee, sales manager at the 20th Century-Fox exchange, yesterday was elected president of the Motion Picture Associates by a margin of 16 votes. He will succeed Jack Ellis of RKO, who, after serving three terms, retired from office. Lee de- feated Nat Beier of United Artists, 48 to 64. Other officers elected are : James Frank, National Theatre Supply, vice- president ; Matthew Cahan, incumbent, second vice-president ; Saul Trauner, incumbent, treasurer ; Moe Fraum, incumbent, recording secretary ; Louis Kutinsky, sergeant-at-arms ; Ben Ab- ner and Seymour R. Schussel, trus- tees, and Charles Penser, incumbent, financial secretry. Frank will appoint a board of directors. The officers will be installed at a meeting Jan. 21 at the Hotel Astor 2 Motion Picture Daily Wednesday, January 15, 1941 Fine Gesture Pittsburgh, Jan. 14.— Be- fore leaving his post as M-G-M exchange manager here for his new district manager position at Kansas City, Burt Bishop asked that the $500 net profit on a tes- timonial dinner held for him, be given to Variety Club charities instead of being spent on an extra gift for him. Call Off UA Meeting; To Be Held on Coast The monthly meeting of the United Artists board of directors which was scheduled for yesterday was postponed indifinitely. A meeting is expected to be held in Hollywood late this month instead. Maurice Silverstone, Charles Schwartz and Edward C. Raftery are scheduled to leave for the Coast this weekend. Alexander Korda, who ar- rived this week, will return to the Coast in the next few days. Arthur W. Kelly, vice-president and general sales manager, will accom- pany the United Artists contingent West. Shea Promotes Murphy Buffalo, Jan. 14. — Robert Murphy, booking manager for the Shea cir- cuit here for five years, has been named city manager at Niagara Falls, N. Y. Personal Mention EK. O'SHEA, Central division • manager for M-G-M, will leave today for a visit to branches in Kan- sas City, Memphis, Oklahoma City, St. Louis and Indianapolis. • Leon Netter, Paramount theatre executive, will leave today for Atlanta to confer with Lucas & Jenkins and for Miami to confer with S. A. Lynch. He will return next Tuesday. • James R. Grainger, president of Republic Pictures, has returned from extended trip. Alan Corelli, head of the Theatre Authority, is due back from Florida at the end of the week. • Otto Bolle, manager in South Africa for 20th Century-Fox, leaves Feb. 1 for his headquarters in Johan- nesburg after a visit here. • Robert Coulter, manager of the Byrd ; Allen Brown, manager of the Brookland, and Robert Eagan, man- ager of the Park, all Richmond houses, are ill with the grippe. • Edward Gibley, formerly on the service staff of Loew's Capitol, Washington, is now student manager of Loew's in Richmond, succeeding Peter Stainback. • Evelyn Frtedl of the Warner Cleveland office is here on a brief vacation. W AMERICAN'S SOUTHERN SUNSHINE ROUTE * Five American Flagships daily take you along the Southern route across Virginia, Tennessee, and through the sunshine of Texas and Arizona to Los Angeles and the Pacific Coast. Save days of time, enjoy every minute of your trip. For reservations, call your Travel Agent or HAvemeyer 6-5000. Ticket Offices: 18 W. 49th St. at Rockefeller Center and 45 Vanderbilt Ave. at Grand Central. AMERICAN AIRLINES j. ROUTE OF THE FLAGSHIPS DAVE ROSE, Paramount man- aging director for England, is scheduled to arrive from the Coast next Monday, en route back to Lon- don. He will sail from here Jan. 25. • John Boettiger and Mrs. Boet- tiger of Seattle were visitors at M.P. P.D.A. headquarters yesterday. They are in the East to attend President Roosevelt's inauguration, Jan. 20. • George Weltner of Paramount is confined to his home with a cold. • Maurice Silverstone, J. J. Mil- stein, Martin Moskowitz and Hal Horne lunching yesterday at Lindy's (51st St.). • Martin Quigley, Joseph Seidel- man, Colvin Brown, Sam Shain, Monroe Greenthal and Morris Alin having lunch at the Tavern yes- terday. • Sol Edwards, Louis Astor, Max Weisfeldt and Lou Weinberg at Lindy's (next to the Rivoli) yester- day for lunch. • Maurice Bergman, Oscar A. Doob, Toby Gruen, J. J. Unger, Tom Connors, Russell Holman, Max Dreyfus, Leon Netter and Harry Brandt lunching yesterday at Nick's Hunting Room in the Astor. • Stanton Griffis, Morris Ernst, Al Lewin, Sidney Phillips, Ar- thur Loew, Clayton Bond, Jacob Wilk, Marcus Heiman, Victor Payne Jennings, Robert Nathan, and Dave Blum at Sardi's yesterday for lunch. Sam Coolick Wins Exploitation Prize Sam Coolick, in charge of publicity for Loew's East Bronx theatres, has been awarded first prize for his pro- motion of "Foreign Correspondent" in an exploitation and publicity contest conducted by United Artists among Metropolitan New York circuits. Judges in the contest were Mon- roe Greenthal, director of advertising and publicity for U. A. ; Oscar A. Doob, advertising; and publicity direc- tor of Loew's Theatres, and Ham' Kosiner, Eastern representative for Walter Wanger. O'Shea Toastmaster At Party for Martin Buffalo, Jan. 14. — W. E. J. Mar- tin, dramatic critic for the Buffalo Courier-Express, will be honored on the evening of Jan. 27, at a testimonial dinner in the Variety Club rooms. E. K. O'Shea. M-G-M Central divi- sion manager, will come to Buffalo for the occasion to be toastmaster. O'Shea was president of the club when Martin first was elected secre- tary. Newsreel Parade — NEW YORK'S FINEST-- Edison Motion Picture Studio HAS EVERYTHING! Large and small sound stage — Latest equip- ment — Rehearsal rooms — Private projection theatre — Executive offices — Conveniently located. MODERATE RATES Phone CHIckering 4-8116-7-8 THE controversial aid-to-Britain bill is most significant of various important subjects in th-e new issues. Paramount and RKO Pathe includ-e the first film account of tlte Greek capture of Koritza. The contents: MOVIETONE NEWS, No. 37— Willkie endorses Roosevelt policy. War munitions ship destroyed off Australia. Knox tells of Navy reorganization. Army ski patrol maneuvers. Rifle production in Connecticut. New California dam takes shape. Motor boat show in New York. Dogsled races in New Hampshire. Billiard exhibition in Chicago. Bob-sledding at Lake Placid. NEWS OF THE DAY, No. 235— Manhat- tan on reef off Florida. Aid-to-Britain discussed. Shasta Dam under construction. Air show in Miami. Speed production of rifles in Connecticut. Hialeah opens. Bil- liard experts give demonstration. Ski championships. PARAMOUNT NEWS, No. 40— Track meet in Boston. Billiard exhibition. Motor boat show. Windsor at Miami air show. Fashions for men. Dam project under way in California. Defense bill debate. Greeks take Koritza. RKO PATHE NEWS, No. 49-Greeks capture Koritza. Willkie backs aid-to- Britain bill. Manhattan aground off Flor- ida. Huge conveyor belt at Shasta Dam. Farley off to South America. Motor boat show. Windsor at Miami air show. Ski meet in Wisconsin. UNIVERSAL NEWSREEL, No. 945— Knox discusses _ Navy changes. Henry Ford at California plane plant. Air show in Miami. Astoria girls learn defense work. Religious ceremony in Washington. Shasta Dam under construction. Manhattan grounded. Motor boat show. Billiard champions in Chicago. Racing at Hialeah. Loew's Paid Schenck $318,881 for Year Washington, Jan. 14. — Nicholas M. Schenck, president of Loew's, Inc., during the company's fiscal year ended Aug. 31 last, received $318,881.97, ac- cording to a report filed with the Securities and Exchange Commission here today. The report also showed that during the company's last fiscal year the ag- gregate amount payable to directors and officers as a group for services in all capacities was $2,220,730. Stockholders of Loew's will be asked to approve a five-year extension of the present contract with Schenck as president and to reelect the pres- ent directorate at a meeting called for Feb. 11. MOTION PICTURE DAILY (Registered V. S. Patent Office) Published daily except Saturday, Sunday and holidays by Quigley Publishing Company, Inc., 1270 Sixth Avenue, Rockefeller Center. New York City. Telephone Circle 7-3100. Cable address, "Quigpubco, New York." Mar- tin Quigley, Editor-in-Chief and Publisher; Colvin Brown, Vice-President and General Manager; Watterson R. Rothacker Vice- President; Sam Shain, Editor; Alfred L. Finestone, Managing Editor; James A. Cron, Advertising Manager; Chicago Bureau. 624 South Michigan Avenue. C. B. O'Neill. Manager; Hollywood Bureau, Postal Union Life Building, William R. Weaver, Editor; London Bureau, 4 Golden Square, London Wl, Hope Williams, Manager, cable address "Quigpubco, London." All contents copy- righted 1941 by Quigley Publishing Com- pany, Inc. Other Quigley publications: Motion Picture Herald, Better Theatres. International Motion Picture Almanac and Fame. Entered as second class matter, Sept. 23, 1938, at the post office at New York. N. Y., under the act of March 3, 1879. Subscription rates per year $6 in the Americas and $12 foreign. Single copies 10c. CARY GRANT alone would make it a great picture — KATHARINE HEPBURN ditto— JAMES STEWART likewise- PUT THEM ALL TOGETHER they've made the biggest entertainment you'll see in all of 1941! / / 11 with RUTH HUSSEY JOHN HdWARD • ROLAND YOllNG • JOHN H ALU DAY • MARY > NASH • VIRGINIA WEIDLER • Screen Play by Donald Ogden Stewart 6 Based on the Play by Philip Barry • Produced by The Theatre Guild, Inc. Directed by GEORGE CUKOR ■ Produced by JOSEPH L. MANKIEWICZ A Metro-Goldwyn-Mayer Picture "Boom Town" was the darling of 1940! PHILADELPHIA STORY" is the sweetheart of 1941! Wednesday, January 15, 1941 Motion Picture Daily 5 Films Will Promote U. S. In Americas Hollywood Review Virginia" (Paramount) Hollywood, Jan. 14 t, Fox films, "The Road to Rio," with Alice Faye and Carmen Miranda, and "Blood and Sand," with Tyrone Power ; RKO's "They Met in Argen- tina," which will introduce a new Latin-American star, and "Rurales," a Mexican story on which Paramount is working. Several pictures scheduled for pro- duction in the near future may be photographed either in whole or in part in Central and South America. A special committee has been formed to investigate production facilities and desirable locales available there, the announcement said. Expert With P. C. A. Whitney, who is on the Coast hold- ing conferences with leaders of the industry, said that the M.P.P.D.A. has agreed to appoint an expert on ways of life of the Latin-American . countries to serve in the office of the Production Code Administrator in Hollywood. This person will co- operate with producers to insure authenticity in films involving Latin America and to advise on language and historical problems. Whitney also said that the leading studios have appointed, or will appoint, special repre- sentatives who will concentrate on Latin-American production aspects. In certain instances, companies have already sent for representatives in Central and South America to confer on this problem. Some of the companies plan to send a number of leading performers to Latin America to appear at premieres, the announcement said. Twentieth Century-Fox plans to send Alice Faye to Brazil for the openinig of "The Road to Rio," according to Whitney, and Paramount is contemplating send- ing Dorothy Lamour on a personal appearance tour and will ask Cecil B. DeMille to arrange his time to include a lecture tour in Latin-Ameri- can republics. Newsreels Important "Increased newsreel coverage will be an important feature of the industry's cooperation with the Government pro- gram," Whitney said. Norman Alley, News of the Day (M-G-M) camera- man, who has covered the Far East and Europe, will leave for South America within a few days, and other crews are expected to follow shortly. Pathe is now editing a series of shorts on South America, the first of which, "Eyes on Brazil," will be released next month. "The program outlined bv the in- dustry is to be based solely on the presentation of entertainment films," said Whitney. "Our American screen has always attracted the greatest audiences in the world because of its freedom of expression and expres- sion of freedom. The producers feel that through sympathetic study of the *"A" denotes adult classification. cultural bonds existing among the American republics, elements of screen entertainment heretofore undiscovered or not fully realized can be found and brought to life on the screen and this, we know, will do much to create a better understanding among the na- tions of the hemisphere." Freeman Heads Committee In announcing appointments to the committee, Rockefeller said that the executive committee, which will be headed by Y. Frank Freeman, presi- dent of the Association of Motion Pic- ture Producers, will direct the pro- gram to be undertaken in cooperation with Whitney, representing the coordi- nator's office. Serving on the executive com- mittee are: Edward Arnold, Sam Briskin, Frank Capra, Sheridan Gibney, Samuel Gold- wyn, Louis B. Mayer, George J. Schaefer, David 0. Selznick, Walter Wanger, Cliff Work and Harry M. Warner. Personnel of the cooperating com- mutes as announced by Rockefeller, follows : Committee on visits to South Amer- ica : Joseph Schenck, chairman : Ed- ward Arnold, Kenneth Thomson, Ben- jamin Thau. Committee on South American film facilities : Sam Briskin. chairman ; E. J. Mannix, Sol Wurtzel, Major Nathan Levinson, Keith Glennan, Sol Lesser, J. D. McDonough. William Koenig. Committee of the Academy of M. P. Arts and Sciences : Walter W anger, chairman ; Frank Capra, Major Lev- inson, James Stewart, Robert Riskin. Short subjects committee: Gunther Lessing, chairman ; Jack Chertok, Gordon Hollingshead. Hugh McCol- lum. Art direction committee : Cedric Gibbons, chairman ; Richard Day, William Cameron Menzies. Jack Ot- terson. Committee on story material : Sheri- dan Gibney, chairman ; Kenneth Mac- Kenna, Milton Krims. Kenneth Mac- Go wan. $10 Daily Fee Standard for Arbitrators (Continued from page 1) complaints, the A.A-A., it was said, would exercise its right to lower or waive the standard fee. In general, however, that fee will apply to all types of cases and will prevail in all of the 31 industry ar- bitration boards. Arbitrators' fees will, of course, be in addition to the established filing fee of $10. After considerable study the A.A.A. adopted the standard $10 fee in pref- erence to a sliding scale of fees. Warburg Comments Commenting upon the establishment of the standard fee for arbitrators, Paul Felix Warburg, president of the A.A.A., said : "The Association has followed its principle that arbitration should be simple and inexpensive. From its own experience it has found that the best men of the country are obtainable as arbitrators on the basis of an honorarium. "Wre feel that the $10 fee and the provisions for waiver or reduction will work to the good of the exhibitor. We do not want any exhibitor to lose his right to arbitrate because of pro- hibitive cost of arbitrators' fees. In appointing the arbitrators we are finding that they are eager to help the Association make a success of the consent decree." Rudolph de Cordova Dies London, Jan. 14. — Rudolph de Cor- dova, 81, actor and dramatist, who wrote the film version of "Romeo and Juliet," is dead here. Among the sur- vivors are two brothers, Leander de Cordova, a director in Hollywood, and Rienzi de Cordova, and a sister, Mrs. Arthur J. Sanville. "Cheers for Miss Bishop" [ Rowland-U-A.] (Continued from page 1) by Bess Streeter Aldrich, he has been living, believing, dreaming the story and its picture. His faith is not too often nor too lightly given. "Miss Bishop" is romance, basic, human, as sad and merry as life itself may be. It is a tale of a schoolgirl who became a school- marm, or rather a college teacher in the great Midwest, where swift currents of impulse, temptation, am- bition and passion flowed about, while she held her embattled, some- times embittered, position as a bird holds place in the wind. It is a story, too, of ideals and devotion, poignantly told, but al- ways with restraints that keep it believable, and rather like its hero- ine, never preaching and proclaim- ing. The direction is in the best man- ner of Tay Garnett. The title role and the lion's share of the honors of attainment go to Martha Scott, who is co-starred in the billing with William Gargan, who does exceedingly well opposite in the role of the man who waited, for- ever. Feature credits include Ed- mund Gwenn, Sidney Blackmer, Dorothy Peterson, Sterling Hollo- way, Donlard Douglas, Marsha Hunt and Lois Ransom. Also if you look sharply, and you remem- ber, you'll be seeing again William Farnum, who came to fame way back yonder with "The Spoilers." The screen adaptation was by Stephen Vincent Benet, and the screenplay by Adelaide Heilbron and Sheridan Gibney. Cheers for Dick Rowland. You'll be hearing. Anybody can see it. Running time, 95 minutes. "G."* * "G" denotes general classification. Lincoln Turns Out For 'Miss Bishop' Lincoln, Neb., Jan. 14. — This Ne- braska city had its first film premiere tonight when Richard A. Rowland's "Cheers for Miss Bishop," released by United Artists, opened at the Stuart. Nebraska and Lincoln theatres. The premiere followed a full day of festivities in which a Hollywood dele- gation headed by Rowland took part. Personal appearances were made at the three houses, with Governor Gris- wold introducing the celebrities. There were several radio programs. In the morning there was a recep- tion at the Nebraska University Coli- seum, with a capacity crowd of 10,- 000, including students and school children excused from classes for the day. Tay Garnett, director of the film, after two lectures at the Universitv vesterday, became ill with the flu and is confined to his hotel room under a doctor's care. ) 8 Motion Picture Daily Wednesday, January 15, 1941 U. S. Aids Industry on Brazil Tax Washington, Jan. 14. — United States diplomatic representatives in Rio de Janeiro are engaged in "talks" with the Brazilian Government re- garding the proposed eight per cent additional tax on motion picture companies, but no formal protest has been lodged with the Government there, the State Department indicated today. The Brazilian measure is intended to be retroactive for five years. The new tax first was broached last Fall and the American compa- nies at that time sought the aid of the State Department in opposing it. Under instructions from Washington the matter was taken up by the Embassy in Rio, and while officials here refused to comment on the situation, there were indications that they were optimistic. Pa. Theatres Face Chance Games Tax Harrisburg, Pa., Jan. 14.— A pro- vision requiring the licensing of all theatre owners who operate chance games is included in a bill introduced in the Pennsylvania Senate by Sen- ator John J. Haluska. Revenue from the license fee would be added to re- lief funds administered by the De- partment of Public Assistance. The fees under the bill would be $600 in towns of over 3,000 popula- tion; $1,200 in towns from 3,000 to 10.000; and $1,600 in cities over 10,- 000 population. The owner would be required to deduct 15 per cent of the value of the prize given and turn that sum over to the county treasury, who would hire an additional employe to supervise the collection. The meas- ure also would tax owners of all places where chance games are played for "purposes of profit" $25, but a special $1 license would be granted to charitable or church organizations. Harley and Jarratt Arrive by Clipper Francis L. Harley, 20th Century- Fox managing director in England, and Arthur Jarratt, head of Gaumont- British Theatre Circuit, arrived in the U. S. by Clipper yesterday, al- most eight hours after the arrival of the Excalibur, the ship they had left at Bermuda in the hope of making faster time to New York. Harley is here for home office con- ferences and a vacation. He will leave for Florida in a few days. Jarratt, who is a commander in the Royal Navy and head of the Admiralty Film Service, is here on an official and con- fidential mission. The two left Lisbon on the Excalibur and debarked at Bermuda to take the Clipper the re- maining distance. Clipper was de- layed by bad weather, however, and arrived in the United States almost eight hours after the Excalibur docked in Jersey City yesterday. Produce Despite Raids: Jarratt Baltimore, Jan. 14. — Arthur Jar- ratt, arriving today on the Bermuda Clipper, said things are "very calm" in England now. "There are quite a few air raids," he said, "but they haven't interfered with making pic- tures. People take them so calmly that we can shoot films in streets in- termittently under German air bom- bardment when bombers are not ac- tually overhead." Pielow Is Honored At Dinner in Albany Albany, Jan. 14. — Upstate distribu- tors and theatre men, both circuit and independent, paid tribute last night to Ralph Pielow, new M-G-M branch manager in New York, at the DeWitt Clinton Hotel. Approximately 200 were present. Speakers included E. K. O'Shea. M-G-M Central division manager ; Louis Schine, Schine Circuit ; Mike Kallet, Kallet Circuit ; Si Fabian ; M. A. Silver, Warner Theatres zone manager ; Jack Bowen, M-G-M, New- York district manager ; Maurice Wolf. Boston district manager ; Herman Ripps. Pielow's successor as branch manager here, and Clayton Eastman of Paramount. Col. James Healy was master of ceremonies. Upswing Here for Good Films: Wobber Hollywood, Jan. 14. — Film theatre attendance generally is on the up- swing, particularly in cities such as Pittsburgh, Youngstown and San Diego, where heavy national defense expenditures are being made, Her- man Wobber, 20th Century-Fox direc- tor of distribution, said here today. He said that with the reemployment of thousands, the industry may expect better times. "Only better films are participating in the improved box-office conditions, however," he said, "while poor pic- tures are still getting' poor business." Wobber is here for studio confe'r- ences of company executives. He said some readjustment in the dis- tribution organization will be made to meet conditions brought about by the Federal consent decree. Wobber said 20th Century-Fox is concentrating on intensive selling of this season's product in order to ob- tain a greater financial backlog for next season's program. Myers, Samuelson Address Pa. Allied Philadelphia, Jan. 14. — Abram F. Myers, National Allied chairman of the board and general counsel, and Sidney E. Samuelson, business man- ager of Eastern Pennsylvania Allied, were the principal speakers at the re- gional organization's annual meeting here today. David E. Milgram was chairman. Myers discussed the Federal con- sent decree in its relation to exhibitors and arbitration. Samuelson, among other things, urged full cooperation with the national defense program. Milton Rogasner's report for the nominating committee selecting the board of governors was approved unanimously. Three-year terms were voted for David E. Milgram, Thomas Lazarick and Columbus Stamper, representing Philadelphia County, and George J. Riester, Shamokin, and Henry Sork, Schuylkillhaven, for up- state Pennsylvania. Alternate governors for one-year terms are David Broadstein, Reading ; Melvin Koff , Darby ; William Spiegel, Philadelphia, and Harry Freed, Ard- more. The governors will meet later to appoint the secretary-treasurer and business manager. The report of Secretary E. E. Gregory, Treasurer Ben Fertel and Samuelson were ap- proved. The meeting was attended by 54 members representing more than 100 theatres. Change Feature Time The RKO 81st Street Theatre on Jan. 23 will start the last complete show with the main feature at 9 P.M. 'Neighbor' Strong in Buffalo with $18,500 Buffalo, Jan. 14. — Long periods occasioned by new shows during the holidays brought large grosses. "Com- rade X" and "Jennie" were strong at the Great Lakes with $18,500. "Love Thy Neighbor" and "Texas Rangers Ride Again" took $18,700 at the Buffalo. Estimated takings for the week ending Jan. 9 : "Love Thy Neighbor" (Para.) "Texas Rangers Ride Again" (Para.) BUFFALO — (3.489) (35c-55c) 9 days and midnight show. Gross: $18,700. (Average, $12,000) "Comrade X" (M-G-M) "Jennie" (ZOth-Fox) GREAT LAKES— (3,000) (35c-55c) 10 days and midnight show. Gross: $18,500. (Aver- age. $7,500) "Santa Fe Trail" (W. B.) "Michael Shayne, Private Detective" (ZOth- Fox) HIPPODROME— (2.100) (30c-50c) 9 days, 2nd week, and midnight show. Gross : $9,200. (Average. $6,800) "No, No, Nanette" (RKO) "I'm Still Alive" (RKO) TWENTIETH ^ CENTURY— (3,000) (30c- 50c) 9 days. New Year's Eve midnight show: A Night at the Moulin Rouge on stage. Gross: $12,300. (Average, $7,500) "Arizona" (Col.) "I Can't Give You Anything But Love" (Univ.) LAFAYETTE— (3.000) (30c-40c) 9 days and midnight show. Gross: $10,000. (Aver- age. $6,300) Seek New Sunday Ballot in Pa. Town Pittsburgh, Jan. 14. — A special vote may be held in suburban Roches- ter, Pa., to determine the Sunday film question, because of petition from the Rochester Amusement Co., claiming tilt- Nov. 5 referendum was conducted "negligently and carelessly." Sunday- pictures lost then by 87 votes. Cause for the exhibitor complaint was the testimony of election officials that Sunday film ballots were dropped in box with numbered corners still attached, allegedly indicating that someone had voted in wholesale lots mstead of bv the customary one-vote- oer-person ballot. Donaldson Honored At New Haven Dinner \te\v Ha vex, Jan. 14. — Friends and associates turned out in force tonight at a testimonial banquet honoring Thomas G. Donaldson, New Haven branch manager for M-G-M, who has been promoted to head the Boston exchange. Maurice N. Wolf, M-G-M district manager in Boston, was master of ceremonies. Harry F. Shaw, Loew-Poli division manager, and others spoke. Flu Closes Theatre Haysi, Va., Jan. 14. — The influenza epidemic, which is very severe in this section, has forced Vernon Carpenter to close the Haysi Theatre. BillboardRegulation Is Urged by Lehman Albany, Jan. 14. — Gov. Herbert H. Lehman's annual message to the New York State legislature today urged regulation of billboards along state highways to preserve scenic beauty and increase safety. The Governor also suggested the extension of regulations prohibiting discrimination in employment because of race, color or creed to all busi- ness affecting the public interest. Sev- eral bills have been introduced in past years to prevent discrimination in places of amusement and the like, but they always have been killed. Hays Considering Wheeler's Protest Consideration is being given to Sen- ator Burton Wheeler's letter to Will H. Hays, M.P.P.D.A. president, which threatened the industry with regulatory legislation for what the chairman of the Interstate Commerce Committee termed its "unbridled propaganda for war," it was stated at M.P.P.D.A. headquarters yesterday. The letter was not received until yesterday, it was said, and pending the consideration being given it no deci- sion has been made as to whether or not a formal reply will be made. The Senator's letter was discussed informally at a meeting of the M.P. P.D.A. board of directors yesterday but did not come before the board as regular business. The board meeting was devoted al- most entirely to further discussion of problems associated with the alloca- tion among the eight major compa- nies of the remittable British rev- enues. To Open Paralysis Campaign Tomorrow Nicholas M. Schenck, president of Loew's and national chairman of the "March of Dimes" drive issued the following statement yesterday : "On the eve of launching the In- fantile Paralysis Fund drive in the New York-New Jersey area, may I extend my sincere thanks and con- gratulations to the exhibitors who have so heartily joined with the Mo- tion Picture Theatres' Committee in this fine enterprise. The response has been exceptional. The great ma- jority of the 1,187 theatres in the area have pledged their whole-hearted sup- port. "Those who have neglected to do so up to now, still have time to join the 'March of Dimes.' A phone call to committee headquarters will bring all the necessary materials — collection- boxes, buttons, etc." Reynolds to Appear With Short at Strand Quentin Re3rnolds, London correspondent for Collier's and commentator on the British Government subject, "Christmas Under Fire," to be released by Warners, will appear at the Strand on Broadway for two weeks, be- ginning Jan. 24, in coniunc- tion with the showing of the film. Wednesday, January 15, 1941 Motion Picture Daily 9 Para. Studio Benefits Set For Employes in Service Holywood, Jan. 14. PARAMOUNT studio employees who are drafted or enlist under the Selective Training Service Act will be guaranteed a continua- tion of their group insurance policies at studio expense, re-employment upon their return without loss of seniority and six weeks' added pay not to- exceed $600, according to Y. Frank Freeman, vice-president in charge of studio operations. Employes paid either on a weekly or hourly basis will benefit from the added pay allowance, which will be paid in 12 weekly installments after their induction into the service. Time spent in the armed forces will be counted as time spent in the service of the company. David Hempstead, RKO pro- ducer, has taken an option on Nina Federova's "The Family" as his next production. . . . Charles Ambrose, novelist, planed in over the weekend to join John Francis Natteford and Luci Ward on the Produc- ers Corp. of America writing staff. . . . Frank Lloyd has signed Phyllis Kennedy for a role in "The Lady from Chey- enne" at Universal. • • Ellen Drew has been given the feminine lead in Paramount's "The Night of January 16," Ayn Rand play which was produced on Broad- way by A. H. Woods. She will ap- pear opposite Robert Preston. Sol C. Siegel will produce the film . . . Shirley Ross has been given a term contract by Warners . . . RKO has borrowed Robert Cummings from Universal to play opposite Jean Arthur in "The Devil and Miss Jones," which Sam Wood is directing. • • Fay Bainter goes into the cast of "Love Crazy," Myrna Loy-William Powell story at M-G-M . . . Tom Tyler gets the title role in Republic's serial, "The Adventures of Captain Marvel," from the Fawcett cartoon strip. Others in the cast are Frank Coghlan, Jr., William Benedict, Robert Strange, George Pembroke and Jack Mulhall. . . . Bob Evans, young colored dancer, has been given an important role in Universal's "The Flame of New Orleans." . . . Charles Butterworth and Jerry Colonna will support Judy Canova in "Sis Hopkins" at Republic. • • "Gangsters in Uniform" has been set as the title of Al Rosen's forth- coming production at Columbia, for- merly titled "This Too Shall Pass." The leads are not set, but the sup- port includes Albert Basserman, Elsa Basserman, Paul Lukas, Jo- seph SCHILDKRAUT, ALAN BAXTER, Eric von Stroheim, Lionel Royce and Dwight Frye. Alfred Zeisler and Lee Garmes will co-direct, with Garmes also acting as cinematograph- er. . . C. Aubrey Smith has been set for M-G-M's "Free and Easy." Para- mount has purchased "Joan of Ar- kansas," story by David Garth laid in the hillbilly country. • • Monogram has signed the Tennes- see Ramblers, hillbilly orchestra, of Charlotte, N. C, to appear in "Rid- ing the Cherokee Trail," starring Tex Ritter. . . . Jane Wyman's first picture following her return to Warners will be "Highway 99." . . . M-G-M has given Ian Hunter a term contract and a leading role in "Dr. Jekyll and Mr. Hyde." . . . Sam Katzman has signed Joan Bar- clay for "Air Devils," "East Side Kids" picture at Monogram. . . . "The Flight Patrol" has been set as the final title on the Warner picture, for- merly called "Eagle Squadron." It deals with the Royal Air Force. 'Santa Fe' Hits Fine $28,400, Philadelphia Philadelphia, Jan. 14.— Following the holiday week, with good weather, business continued strong. "Santa Fe Trail" was the leader, giving the Fox an excellent $28,400 and "Escape to Glory," with vaudeville, gave the Earle a big $22,000. Estimated takings for the week ending Jan. 8-10 : "The Thief of Bagdad" (U. A.) ALDINE— (1,400) (35c-41c-46c-57c<68c) 7 days, 3rd week. Gross: $6,600. (Average, $9,000) "Seven Sinners" (Univ.) ARCADIA— (600) (3Sc-46c-57c) 7 days, 3rd run. Gross: $3,200. (Average, $2,600) "Kitty Foyle" (RKO) BOYD— (2,400) (35c-41c-46c-57c-68c) 7 days, 2nd week. Gross: $16,200. (Average, $13,000) "Escape to Glory" (Col.) EARLE— (4,000) (35c-41c-46c-57c-68c) 7 days. Vaudeville including Humphrey Bo- gart, Ozzie Nelson's orchestra, Harriet Hil- liard, Roseanne Stevens, Mayo Methot and the Ghezzi Brothers. Gross: $22,000. (Average, $14,000) "Jennie" (2Bth-Fox) FAY'S — (2,190) (15c -29c -35c -46c -57c) 7 days. Vaudeville including Reggie White, Herman Timberg, Sr., with Judie Kelly, Marty May, The Three Ryans and Evelyn Farney. Gross: $6,700. (Average, $6,900) "Santa Fe Trail" (W. B.) FOX — (3,000) (35c41c-46c-57c-68c) 7 days. Gross: $28,400. (Average, $13,000) "Second Chorus" (Para.) KARLTON— (1,000) (35c-41c-46c-57c-68c) 9 days, 2nd run. Gross: $5,200. (Average, $3,000) "Four Mothers" (W. B.) KEITH'S— (2,200) (35c-41c-46c-57c-68c) 8 days, 2nd run. Gross: $3,400. (Average, $4,500) "North West Mounted Police" (Para.) STANLEY— (3,700) (35c-41c-46c-57c-68c) 2 days, 3rd week. Gross: $4,100. (Average, $14,000) "Chad Hanna" (2ttth-Fox) STANTON— (1,700) (35c-46c-57c) 11 days. Gross: $9,300. (Average, $4,500) 'Santa Fe' Tallies $16,000, Milwaukee Milwaukee, Jan. 14. — Grosses were up generally due to the two extra playing days because all first runs, except the Riverside, started new shows on New Years. "Santa Fe Trail" and "South of Suez" turned in a $16,000 gross at the Warner. Estimated takings for the week end- ing Jan. 9 : "Comrade X" (M-G-M) "Hullabaloo" (M-G-M) WISCONSIN— (3,200) (30c-40c-55c) 9 days. Gross: $12,800. (Average, $5,500) "Love Thy Neighbor" (Para.) "Murder Over New York" (20th-Fox) PALACE— (2,400) (30c-40c-55c) 9 days. Gross: $6,800 (Average $4,000) "The Lone Wolf Keens a Date" (Col) RIVERSIDE— (2,700) (33c-44c) 7 days. Stage: Ted Weems. Gross: $13,600 (Aver- age, $6,500) "Second Chorus" (Para.) "ChM Hp-nna" (ZOth-Fox) STRAND— (1,400) (30c-40c-55c) 9 days. Gross: $2,600 (Average. $1,500) "Scr.ta Fe Trail" (W.B.) "South cf Suez" (W.B.) WARNER — (2,400) (30c-40c-55c) 9 days. Gross: $16,000 (Average, $4,500) 6 M. C's for Photo Ball Six masters of ceremonies, Harry Hershfield, Milton Berle, Henny Youngman, Ole Olson, Chic John- son and Ed Sullivan, will conduct the show at the twelfth annual Press Photographers Association ball at the Hotel Astor, Feb. 14. Hanson, Friedman Win Metro Contest Roy E. Hanson of the Jefferson Theatre, Goshen, Ind., and Percy Friedman, Yeadon Theatre, Yeadon, Pa., were the first prize winners in the M-G-M national independent ex- hibitors' exploitation contest. The contest opened Sept. 1, 1939, and closed Nov. 1, 1940. Hanson won for his contest on "Joe and Ethel Turp Call on the Presi- dent," in the first-run classification, and Friedman for his campaign on "The Women," in the classification for subsequent run houses. ' In the first-run group, Rex Wil- liams, Elco Theatre, Elkhart, Ind., for "Judge Hardy and Son," took second place, and George Limerick, Aztec Theatre, Enid, Okla., for "An- other Thin Man," captured third posi- tion. In the subsequent run division, sec- ond place went to Morrie Parfrey, Vogue Theatre, East Chicago, 111., for "Northwest Passage." Third place was taken by Jack Albertson, Indiana Theatre, Indiana Harbor, Ind., for "Young Tom Edison." 'Kitty Foyle' Omaha Hit, Taking $7,100 Oma'ha, Jan. 14, — "Kitty Foyle" drew $7,100 at the Brandeis, and "Love Thy Neighbor" grossed $9,800 at the Omaha. The weather clear and cool. Estimated takings for the week end- ing Jan. 8-9 : "Kitty Foyle" (RKO) "The Saint in Palm Springs" (RKO) BRANDEIS— (1,200) (30c-40c-44c) 7 days. Gross: $7,100. (Average, $4,000) "Love Thy Neighbor" (Para.) "Youth Must Be Served" (2flth-Fox) OMAHA— (2,000) (30c-44c) 7 days. Gross: $9,800. (Average, $6,000) "Chad Hanna" (ZOth-Fox) "Charter Pilot" (ZOth-Fox) ORPHEUM— (3,000) (30c-44c) 7 days. Gross: $7,600. (Average. $7,200) Charter Two Companies Dover, Del., Jan. 14. — Two com- panies formed here are : Midwest Theatres, Inc., incorporated bv R. F. Lewis, Walter Lenz and L. H. Her- man of Wilmington, and Rubien, Inc., bv Edwin E. Lindgren, Thomas A. McCarthy and Joseph A. Denham of New York. Production Up With 38 Films Now Shooting Hollywood, Jan. 14.— Thirty-eight pictures, nine more than last week's total, were before the cameras this week, as two finished and 11 started. Twenty-six are being prepared, and 67 are being edited. The tally by studios : Columbia In Work : "Penny Serenade," "The Lone Wolf Takes a Chance." Started : "They Dare Not Love" and untitled Ellery Queen story. Globe In Work : "Pot o' Gold." M-G-M In Work: "Roosty," "Billy the Kid," "Rage in Heaven," "Andy- Hardy's Private Secretary," "The Trial of Mary Dugan," "Free and Easy." Paramount In Work : "Las Vegas Nights," "One Night in Lisbon. Started: "Caught in the Draft." RKO In Work : "They Met in Argen- tina," "The Devil and Miss Jones," "Show Business." Republic In Work : "Two Gun Sheriff," "Prairie Pioneers," "Citadel of Crime." Roach In Work : "Broadway Limited." 20th Century-Fox In Work : "The Outlaw," "Dead Men Tell," "Ride on, Vaquero," "A Very Young Lady." Started: Blood and Sand." Universal Finished: "Buck Privates." In Work : "Nice Girl." Started: "Model Wife," "The Flame of New Orleans," "The Lady from Cheyenne," "The Man Who Lost Himself." Warners Finished: "She Stayed Kissed." In Work : "Thirty Days Hath September," "Miss Wheelwright Dis- covers America," "Winged Victory," "The Sea Wolf." Started: "The Bride Came C.O.D.," "Singapore Woman," "Strange Alibi." "Chorus" New Haven Winner With $7,500 New Haven, Jan. 14. — "Second Chorus," dualled with "Murder Over New York" at the Paramount, grossed $7,500. "Comrade X" and "Jennie" took $10,500 at the Loew- Poli. The weather was good. Estimated takings for the week end- ing Jan. 9 : "Arizona" (Col.) "EUery Queen, Master Detective" (Col.) COLLEGE— (1,499) (39c-50c) 8 days. 2nd week. Gross: $3,000. (Average, $2,200) "Comrade X" (M-G-M) "Jennie" (20th-Foix) LOEW-POLI— (3,040) (39c-50c) 8 days. Gross: $10,500. (Average, $8,000) "Second Chorus" (Para.) "Murder Over New York" (ZOth-Fox) PARAMOUNT — (2,348) (39c-50c) 8 days. Ooss: $7,500. (Average. $4,000) "Santa Fe Trail" (W. B.) "She Couldn't Say No" (W. B.) ROGER SHERMAN— (2,200) (39c-50c) 8^ days. Gross: $7,500. (Average, $5,000) 10 Motion Picture Daily Wednesday, January 15, 1941 Off the Antenna EXPERIENCES with television set sales during the past year have define- ly established the need for larger screens in home receivers, according to Allen B. DuMont, president of the Allen B. DuMont Laboratories, a Para- mount affiliate. DuMont asserted that efforts to cut costs of home sets by using smaller screens has been unsuccessful and that a screen of at least 14 inches in diameter is needed. Actually, the DuMont de luxe console has a screen 20 inches in diameter. DuMont said that a good start in television broadcasting can be made with an investment of as little as $25,000. For the average city, according to Du- Mont, a 50-watt video and audio transmitter is sufficient provided the transmit- ting aerial is at least 250 feet high. The film pickup, camera and associated equipment round out the requirements, all of which can be had on the $25,000 budget, according to DuMont. • • • Program News: Stan Shaw, zvho conducts "Milkman's Matinee" over WNEW, yesterday received a three-year renewal of his contract. Shaiu, zvho started the program in August, 1935, now has 12 sponsors. . . . Raymond Paige, whose "Musical Americana" shozv goes off NBC-Red tomorrow de- spite a rating over 10, will conduct his cycles; Stephen R. Rintoul for j new 1,370-kilocycle, 250-watt station a: Stamford, Conn., and William H Amesbury for a new 630-kilocycle. 1,000-watt station at Minneapolis. March 3 : Application of Station WSAY, Rochester, N. Y., for change of frequency from 1,210 to 1,340 kilo- cycles and increase of power from 250 to 1,000 watts. March 10 : Contesting applications of Trent Broadcast Corp. for 1,230- kilocycle, 1,000-watt station at Tren- ton, N. J., and Station WTNJ. Tren- ton, for change of frequency from 1,280 to 1,230 kilocycles and increase of power from 500 to 1,000 watts, witli extension of time from sharing to un- limited. Equity to Permit Closing on Death Believing that the death of a featured player is at least as serious as his illness, the Actors Equity council yester- day instructed the union's legal department to modify the existing contract to per- mit a play producer to close the show on 48 hours' notice upon such death. Heretofore, a producer could close his show without penalties if a featured player became ill for three weeks, but could not do if the player died. Foreign Stations' Gross Not Taxable Washington, Jan. 14. — The Board of Tax Appeals today held that revenues derived by a foreign broadcasting station from advertisers in the United States do not con- stitute income from work or services performed in this country and so are not tax- able. The decision was ren- dered in the case of the Piedres Negras (Mexico) Broadcasting Co., from which the Internal Revenue Bureau sought to collect $90,036 in- come and excess nrofits taxes for 1936 and 1937. DO not remove: Alert, InteUigei awTy to the^l gtion Picture Industry MOTION PICTURE DAILY VOL. 49. NO. 11 NEW YORK, U.S.A., THURSDAY, JANUARY 16, 1941 TEN CENTS Reels, Radio Set Coverage Of Inaugural Plans Are Completed for Extensive Treatment The screen and radio have mar- shalled their forces for complete and extensive coverage of the in- auguration of President Franklin D. Roosevelt for a third term to be held in Washington on Monday. All newsreels are sending large crews from New York in addition to their Washington men. Approximately 100 camera and sound men have been as- signed to the inaugural cover- age, with crews to be stationed at strategic points. The material shot will be rushed to New York by plane late on Mon- day, and made up for inclusion in the regular midweek issues, to be re- leased to all accounts on Tuesday. W. (Continued on page 7) Illinois Exhibitors Consider Ascap Law Springfield, 111., Jan. 15. — The possibility that Illinois exhibitors will take action to put through anti-Ascap legislation in the state loomed today with reports from several legislators that they had been approached by ex- hibitors. The headquarters of the United Theatre Owners of Illinois, downstate exhibitor organization with headquarters here, reported that nu- merous complaints had been received from exhibitors over Ascap charges and that members have asked the or- ganization to take action. Allied Theatres of the Northwest is reported considering steps to seek leg- islation curbing Ascap in Minnesota. R. I. Theatres Face Utility Strike Threat Providence, Jan. IS. — An electric utilities strike threat, twice deferred for 24-hour periods at the request of city officials, had exhibitors through- out northern Rhode Island worried today as union representatives indi- cated workers would walk out at seven o'clock tomorrow unless an agreement with the Narragansett Electric Co. is reached. The strike would leave theatres without power. Influenza Epidemic Hits Mass. Grosses Worcester, Mass., Jan. 15. — Diminishing box-office re- turns are blamed in part by theatre managers on a grippe and influenza epidemic that has swept this section. In Uxbridge, Gardner, Athol, Ware, Palmer, Medway and Millis all schools have been closed. In Athol, the York and Capitol theatres have agreed to bar all children under 18 years. Aylesworth to Coast on 4Kane' Merlin H. Aylesworth, who is con- sultant to the management of RKO Radio Pictures, is in Hollywood in connection with the questions arising out of the criticism of the film, "Citi- zen Kane," as made by the William Randolph Hearst organization. Ayles- worth is accompanied by Gordon E. Youngman of RKO counsel. The Hearst organization has asked RKO to withhold the picture on the allegation that the central figure, played by Orson Welles, too closely parallels the life and career of Wil- liam Randolph Hearst. The protest on behalf of the Hearst organization was first voiced by Lou- ella O. Parsons, motion picture editor of Hearst's International News Serv- ice, after seeing the picture in Holly- wood. Allied of N. W. to Seek Theatre Limit Minneapolis, Jan. 15. — Legislation designed to limit theatre expansion in Minnesota is scheduled to be discussed at the convention of Allied Theatres of the Northwest at the Nicollet Hotel here, Jan. 21 and 22. The convention will be devoted largely to discussion of legislation which the organization may sponsor in the current legislative sessions in North and South Dakota and Wis- consin, as well as Minnesota. Another measure contemplated which will be discussed at the meet- ing is a bill to permit exhibitors to contract for the full season's output of the five companies which are par- ties to the New York consent de- cree, with a 20 or 25 per cent can- cellation privilege on the entire block, instead of buying under the decree's block-of-five method. A bill designed to curb 16mm. competition and free shows in rural areas is also planned. 20th-Fox British Business Was Best Last Year: Harley Twentieth Century-Fox rolled up the largest business record last year in Britain of the company's 25-years' operations in that country. Francis L. Harley, 20th Century-Fox man- aging director for Britain, said yes- terday. Harley, who arrived from London this week for a six weeks' visit, brought a final official copy of the recent monetary agreement between the British Government and the eight major companies. He estimated that the American companies now have between $30,- 000,000 and $35,000,000 in blocked sterling in London. He said he re- garded any move on the part of the American companies to invest in Brit- ish theatres as "unwise" for long- range trade reasons. The new agree- ment permits the American compa- nies to invest blocked funds in British theatres if the approval of the Con- trol Commission is obtained. Harley estimated that 400 British theatres, all important houses, are closed because of the war. He stated, however, that the shifting of popula- tion from coastal cities and, to some (Continued on page 7) Compromise Plan for British Money Split Efforts will be made with the M.P. P.D.A. committee on allocation of British remittances to work out a compromise for distribution of the $12,900,000 of remittable funds among the eight major companies without recourse to arbitration, it was stated yesterday. M-G-M, which had asked for allo- cations on the basis of total amounts of blocked sterling, rather than the pro rata distribution method used last year, has agreed to withhold sub- mitting the question to arbitration while the committee attempts to work out a compromise. Herman New Mono. TV. E. District Chief Hollywood, Jan. 15. — A. J. Her- man, formerly Eastern district man- ager for Universal, was today ap- pointed New England district man- ager for Monogram, it was announced by W. Ray Johnston, president. He replaces Samuel Broidy, recently ap- pointed Monogram general sales man- ager. Newsreels May Be Excluded by ChicagoCensor Council Group to Make Amendment Proposals Chicago, Jan. 15. — Chicago's present censorship ordinance may be amended to exempt newsreels and educational films, it was in- dicated today by Alderman Hy Brody, chairman of the City Coun- cil's Committee on judiciary, after a visit by the committee to censor board headquarters. This amendment is expected to be one of several to be rec- ommended by the committee for changes in the local censor law, which at present is the subject of the committee's study. The committee will hold executive sessions in the next few days to decide on its proposed amendments. The council group visited the board to investigate its workings and the methods used to determine what may be shown on the screens of Chicago theatres. The members received ex- (Continued on page 7) Carothers Honored At Coast Luncheon Hollywood, Jan. 15. — Studio ex- ecutives and labor leaders joined to- day in a surprise testimonial to Fran- cis K. Carothers, secretary of the Mo- tion Picture Internationals' Commit- tee, the labor group of the basic studio agreement, on his 50th anniver- sary in the American Federation of Labor movement. Meeting at Levy's Tavern for a luncheon called ostensibly to inaugu- rate the infantile paralysis campaign, about 150 persons applauded Caroth- ers, who has held his present posi- tion since 1926. For 50 years he has been a member of the American Fed- eration of Musicians, and is its first past president. He has a long record as California labor leader. Carothers was presented a pin. watch and plaque commemorating the event. Serving as toastmaster, C. J. Hag- gerty, president of the State Federa- tion of Labor, was introduced lv Joseph P. Tuohy of Studio Drivers' Local 399. Aubrey Blair, A.F.L. Hollywood organizer, and Herbert (Continued on page 7) 2 Motion Picture Daily Thursday, January 16, 1941 Personal Mention Late News Flashes from the Coast R Hollyzvood, Jan. IS OBERT RISKIN will leave Friday for New York to confer with Grad- well L. Sears, Warners' general sales manager, on the sales policy of "Meet John Doe," which will be sold on separate contract. Sears and Riskin will determine the cities for the premiere showings of the film, while Frank Capra remains here to supervise the final editing. As a possible vehicle for Jack Benny's first picture for 20th Century-Fox, under his sharing arrangement with Paramount, 20th Century-Fox today pur- chased "Charley's Aunt," Brandon Thomas' play presently in a successful revival on Broadway. • • Larry Darmour today signed Jack Holt to star in a serial as yet untitled for Columbia release next season. Holt's last film work was in a series of six melodramas produced by Darmour for Columbia. Leon Schlesinger, producer of "Merry Melodie" cartoons for Warners, leave Fridav by train for two weeks of conferences at the home office. POSTMASTER GENERAL FRANK C. WALKER, former president of Comerford Theatres, will return to Scranton, Pa., on Jan. 25 for the dedication of a new post office. • Charles Raymond, Loew's division manager in Cleveland, will speak to- morrow before the Women's Federa- tion of Clubs there on films in the United States and Europe. • Bernard B. Kreisler, Universal short subjects sales manager, leaves tomorrow for studio conferences. • David Hempstead, producer of "Kitty Foyle," leaves tomorrow for the Coast. George J. Schaefer, William Morris, Sam Shain, Nat Kalcheim, Phil Bloom, Harry Kalmine, Harry Kosiner, Leo Justin, Jack Connolly and Kenneth Hanson at Toots Shor's yesterday for lunch. • Dave Lipton, Eugene Picker, Ed- ward Schwartz, Marvin Schenck, Benny Fields, Douglas Rothacker and Maurice Freeman lunching yes- terday at the Tavern. • Arthur Loew, Al Lewin, Harry Krecke, Dave Blum, Sidney Phil- ips, Edward Davis, Jack Kirkland, Clayton Bond and Robert Ross at Sardi's for lunch yesterday. • J. Robert Rubin, Stanton Grif- fis, Harry Brandt, Charles M. Reagan, Milton Berle, Russell Holman, J. J. Unger, George Skouras and David Wei n stock hav- ing lunch yesterday at Nick's Hunt- ing Room in the Astor. • Arthur Kelly, Harry Buckley, Jack Cohn, Clarence Eiseman and Joseph Pincus at Lindy's (51st St.) yesterday for lunch. • Nate Spingold, Abe Montague and Sam Tulpin at Lindy's (next to the Rivoli) for lunch yesterday. Open Warner Club Washington, Jan. 15. — The new Warner Club rooms here were for- mally opened tonight in the Tivoli Theatre Building. James Root is president, Harry Anger, vice-presi- dent and entertainment chairman, and Harry Lehmeyer, vice-president of welfare. English Theatres Tax $50,000,000 London, Jan. 15. — Approxi- mately $50,000,000 was paid to the British Government by the film industry in the form of theatre taxes during the past year, it has been esti- mated by W. R. Fuller, secre- tary of the Cinematograph Exhibitors Association. 'U' Sets Program for 'Back Street' Opening A week of entertainment in and about Miami is planned by Universal for the 150 newspaper critics, trade paper representatives, Hollywood players and company executives who will attend the world premiere of "Back Street" at the Lincoln The- atre, Miami Beach, on Feb. 4. Deanna Durbin will be in the studio group. Louis Pollock, Eastern adver- tising and publicity manager, left for Miami yesterday to complete plans with Sidney Meyers and Sonny Shep- herd of the Wometco Circuit. Among events planned is a ban- quet on the night of the premiere at the Miami Biltmore Hotel ; a day at the Hialeah race track; an evening at the dog races in Hollywood ; a dinner party at Monte Proser's Beachcomber ; another at Ben Mar- den's, a deep sea fishing trip and other divertissements. NLRB Hearing Set For N. Y. Publicists Hearings have been scheduled for next Thursday by the National Labor Relations Board on the petitions of the Screen Publicists Guild for desig- nation as collective bargaining agenc1 with the eight major companies. In- formal conferences failed to bring an agreement. While the S.P.G. filed petitions for each of the eight companies, claiming a majority of employes in the adver- tising and publicity offices, the cases have been consolidated as one. Hear- ings will be held at N.L.R.B. offices here. No trial examiner has been named as yet. Back Discrimination Plea ofN. Y. Governor Albany, Jan. 15. — Assemblyman Louis Bennett today supported Gov- ernor Lehman's plea for extension of the prohibition against employment discrimination in business affecting the public interest, by introducing a measure providing penalties for viola- tions. Assemblyman William T. An- drews tomorrow is expected to intro- duce a measure of wide scope on the same subject. 'March of Dimes' in Theatres On Today Times Square was changed to "Dimes Square" at noon yesterday as the "March of Dimes" week was launched by the Motion Picture The- atres Committee in the New York- New Jersey area. A colorful parade of some 1,500 ushers was led by Harry Brandt and Eugene Picker. An impressive ceremony was staged under the supervision of Marvin Schenck, on a platform at Broadway ind 46th Street. Various screen and stage personalities appeared. The drive is for the National Foun- dation for Infantile Paralysis and about 1,000 theatres will solicit con- tributions from patrons during the week beginning today. Edward Dow- den of Loew's directed the parade with the RKO, Loew, Skouras, Brandt, Fabian, Cocalis and Cinema circuits represented. Chase Picture Stock Holdings Unchanged There were no changes in the hold- ings of the Chase National Bank in 1940 in the stocks of 20th Century- Fox Film Corp., National Theatres Corp. and General Theatre Equip- ment Corp., it was reported to the stockholders by Winthrop W. Aldrich, chairman. No common dividends were received from 20th Century-Fox, but on the nreferred, which constituted the bank's chief interest in the film company, the regular was paid. The dividend on National Theatres shares was some- what reduced, but General Theatres Eciuipment dividend was moderately mcreased, Aldrich reported. 'Dictator' Attacked Valparaiso, Chile, Jan. 15. — Tear eras bombs caused the halting of "The Great Dictator" in two theatres here vesterdav. Ten persons were arrested, all members of the Chilean Nazi party $42,289 Roxy Loss Roxy Theatre, Inc., yesterday re- ported a net loss of $42,289 for the year ended last Aug. 29, compared with a net income of $40,686 the year before. Pershing Named To A.A.A. Group F. W. Pershing, son of General John Pershing and head of the down- town brokerage firm of Pershing & Co., was named to the administra- tive committee of the American Ar- bitration Association yesterday. The administrative committee is in charge of the industry's arbitration system. Pershing succeeds P. M. Haight, a member of the A.A.A. board of di- rectors, who relinquished his posts on both the administration and budget committees of the association because of ill health. Cases Ready in Minneapolis Minneapolis, Jan. 15. — A number of complaints from local exhibitors, mostly relating to clearance, are scheduled for filing here as soon as the local arbitration board is opened, Feb. 1, it was learned here today. Cases awaiting filing are on record with Northwest Allied here, which is accepting them for local exhibitors. Officers Installed by Buffalo Variety Club Buffalo, Jan. 15. — The local Va- riety Club installed its new officers with the Rev. Joseph Mahoney of Ba- tavia, one of the club's chaplains, as induction officer. Officers are Sydney Lehman, chief barker ; Stanley Kozanowski, first as- sistant ; George F. Hanny, Jr., sec- ond assistant, and W. E. J. Martin, secretary-treasurer. Directors are Phil Fox, Irving Fried, Elmer F. Lux, Ralph W. Maw, Sydney Sam- son, Melvin Schwartz and Murray Whiteman. 20th-Fox Caribbean Meet Opens Today The third annual Caribbean conven- tion of 20th Century-Fox opens today in San Juan, Puerto Rico, with Wal- ter J. Hutchinson, foreign distribu- tion chief, and Irving Maas, foreign service manager, from the home of- fice, presiding. Representatives will be present from Panama, Colombia, Venezuela, Trinidad, Cuba, Mexico and Brazil, as well as Puerto Rico. MOTION PICTURE DAILY (Registered U. S. Patent Office) Published daily except Saturday, Sunday and holidays by Quigley Publishing Company, Inc., 1270 Sixth Avenue, Rockefeller Center. New York City. Telephone Circle 7-3100. Cable address, "Quigpubco, New York." Mar- tin Quigley, Editor-in-Chief and Publisher: Colvin Brown, Vice-President and General Manager; Watterson R. Rothacker. Vice- President; Sam Shain, Editor; Alfred L. Finestone, Managing Editor; James A. Cron, Advertising Manager; Chicago Bureau. 624 South Michigan Avenue, C. B. O'Neill. Manager; Hollywood Bureau, Postal Union Life Building, William R. Weaver, Editor; London Bureau, 4 Golden Square, London Wl, Hope Williams, Manager, cable address "Quigpubco, London." All contents copy- righted 1941 by Quigley Publishing Com- pany, Inc. Other Quigley publications: Motion Picture Herald, Better Theatres. International Motion Picture Almanac and Fame. Entered as second class matter, Sept. 23, 1938, at the post office at New York. N. Y., under the act of March 3. 1879. Subscription rates per year $6 in the Americas and $12 foreign. Single copies 10c. T i As Marie, the taxi dancer and killer's companion — deep down just another woman whose hun- gry heart yearned for one man. As 'Mad Dog' Earle, enemy of all that is decent and good, defiant of every law on earth . . . except the High Sierras! i If Il-Ii %ii Curtis ' Arthur Joon Leslie « Henry * Henry Travers Huston errtJ W, B, Bvmatf M The AUDIT of PERSONALITIES ^ The seventh annual edition of the international appraisal of talent values is off the press. 9 The box office champions of 1940 presented with com- plete analysis and personnel credits — the money making stars of the season evaluated and reported upon by the exhibitor showmen of the world. ^ The radio champions of 1940 as polled by MOTION PICTURE DAILY among the editors of the daily news- papers of America. QUIGLEY PUBLICATIONS ROCKEFELLER CENTER, NEW YORK as to ^ J* — otf O u — 0) o SB cc C co g «© •Si •si ^ § a 5* .* S •«* © CM "Si «^ CO ^ J* Si «5 !«. *'"* ■8* IS Is s In 1^ * .. © ca 03 © eo «e gas WARNERS Here Comes the Navy (D) 525 James Cagney Pat O'Brien Santa Fe Trail (D) 551 Errol Flynn 0. De Havillamd Four Mothers (D) 503 Lane Sisters Jeffrey Lynn Case of the Black Parrot (D) 572 Wm. Lundigan Honeymoon for Three (C) George Brent Ann Sheridan High Sierra (D) H. Bogart Ida Lupino Father's Son (D) John Litel F. Inescort Flight from Destiny (D) T. Mitchell Jeffrey Lynn She Stayed Kissed (C) Dennis Morgan Jane Wyatt Strawberry Blonde (D) James Cagney 0. De llavilland UNIVERSAL Give Us Wings (D) 5025 Dead End Kids Invisible Woman (C) /. Barrymore Virginia Bruce Where Did You Get That Girl (D) Lucky Devils (D) 5023 San Francisco Docks (D) Burgess Meredith Irene Hervey Six Lessons from Madame LaZonga (M) Lupe Velez Buck Privates (C) Abbott-Costello Andrew Sislers Back Street (D) Charles Boyer M. Sullavan Meet the Chump (C) Hugh Herbert Jeanne Kelly Nice Girl (D) Deanna Durbin Franchot Tone Dark Streets of Cairo (D) Ralph Byrd Sigrid Gurie fa** committee. They were "Elysia," dis- tributed here by Mutual Films ; "Motherhood." distributed by Al Teitel, and "Caesarian Operation," distributed by Al Dezel. The entire "committee concurred that they were banned justifiably. The committee intends to investi- gate the status of censor board mem- bers, most of whom are over 63 years, the mandatory retirement age for police and firemen under state law. The committee is expected to recommend that since the board mem- bers are ex-officio members of the po- lice department, they be included in the retirement act. Carothers Honored At Coast Luncheon (Continued from page 1) Sorrell of Painters' Local 644 and Xate Saper of the Drivers' Local Committee, were in charge of arrange- ments. Among those present were S. R. Kent, 20th Century-Fox president ; Pat Casey, producers' labor represen- tative ; Joseph M. Weber, past presi- dent. American Federation of Musi- cians ; Gerald Rackett, Technicolor vice-president ; J. W. Buzzell, Los Angeles Central Labor Council ex- ecutive secretary ; Fred Pelton, pro- ducers' labor contact ; Keith Glennan and Charles Boren, Paramount ; Fred Meyer, 20th Century-Fox ; Sig Ro- gell. RKO ; Carroll Sax, Warners ; Matt O'Brien, Roach Studio ; Marvin Ezzell, Goldwyn Studio ; E. H. Gold- stein and Al Wilson, Republic ; Gun- ther Lessing and William Garrity. Walt Disnev Studio ; David Garber, Universal; "Ted Butcher, M-G-M ; Lou Shapiro. William Stone and H. W. McDonnell. Columbia ; Harold Lewis. RKO Pathe. and S. E. Haw- kins and Frank Kryger, General Service Studios. 'Nanette' Garners $11,500 in Montreal Toronto, Jan. 15. — "No, No, Xanette" captured $11,500 at the Up- town. "Comrade X" commanded S5.900 for its second week at Loew's. Estimated takings for the week end- ing Jan. 11 : 'Tin Pan Alley" (20th-Fox) IMPERIAL — (3,373) 15c -25c -35c -500-650 4 days. 2nd week. Gross: $4,800. (Average. $9,000) "Comrade X" (M-G-M) LOEW'S — (2.074) (15c-25c-35c-50c-65c) 6 days. 2nd week. Gross: $5,900. ( Average. S9.000) "You'll Find Out" (RKO) "Mexican Spitfire Out West" (RKO) SHEA'S — (2.663) (15c-25c-40c-50c) 5 davs. 2nd week. Gross: $4,800. (Average. S7,50O> "The Mark of Zorro" (20th-Fox) "The Bsnk Dick" (Urriv.) TTVOLI — (1,434) (15c-25c-40c) 6 davs. •'.ross: $4,000. (Average, 3,900) "No, No, Nanette" (RKO) UPTOWX-(2.761) (15c-25c-35c-50c-65c) 6 days. Gross: $11,500 (Average. $9,000) Singles Midweek, Duals Weekend Kansas City, Jan. 15. — The Fox Brookside, suburban house owned by Edward Mater, has inaugurated a new policy which exhibitors are watching with interest. The house until a year ago operated on a single bill policy ; it then shifted to doubles. Now it is showing a single bill in midweek and doubles on the weekend change. First experience with the midweek single, "Bitter Sweet," was reported excellent. The theory behind the move is that the Brookside, in a class neigh- borhood, will get single bill patrons during the week, while children and others who like doubles will come on the weekend. The Brookside went to 30 cents, including tax, up \l/2 cents from the former 25 cents plus Federal defense and state sales taxes. 30 Army Films Now Shooting in England London, Jan. 15. — David Macdon- ald, British director, was recently ap- pointed to take charge of film making for the Army. Already 30 training films are in process of production, states the War Office. Most of these, however, have been made by civilian companies with which the War Office intends to place most of its work. Pen Tennyson, another of the younger British directors, has been ap- pointed to a similar role with the Navy. A studio has been set up on the South Coast and there Tennyson, who holds a commission in the Royal Navy, has set a production unit to work. In the Ministry of Information's Film Division, Arthur Elton, distin- guished documentary producer-direc- tor, has supplanted Dallas Bower as executive in the Production Section. The GPO Films Unit, creators of the noted "British Can Take It" and more recently "Xmas Under Fire," has been renamed the Crown Film Unit. 'Go Wesf Is Good in Minneapolis $11,500 Minneapolis, Jan. 15. — The newly- re-opened Minnesota drew $20,- 000 for 10 days of "Hit Parade of 1941," and a stage show. "Go West," also with a stage show, did $11,500 at the Orpheum. Estimated takings for the week end- ing Jan. 7-9 : "Hit Parade of 1941" (Rep.) MINNESOTA — (4,000) (28c-39c) 10 days. Vaudeville including Ken Murray, Ruth Pett y. Dixie Dunbar, Faludy troupe. Gross : S20,000. "Go West" (M-G-M) ORPHEUM— (2,800) (28c-39c-44c) 7 days. Vaudeville including Ada Leonard and girl band. Gertrude Niessen, Frank Gabv. Gross: $11,500. (Average, $5,500) "Comrade X" (M-G-M) STATE — (2,300) (28c -39c -44c) 8 days. Gross: $10,500 (Average. S6,000) "Love Thy Neighbor" (Para.) CENTURY— (1,600) (28c-39c-44c) 8 days. 2nd week. Gross: S6.S0O. (Average. $4,000) "Here Comes the Navy" (W. B.) GOPHER— (998) (28c) 7 davs. (Reissue.) Gross: $4,000. (Average. $2,500) "The Thief of Bagdad" (U.A.) WORLD— (350) (28c - 39c -44c- 55c ) 7 days, 2nd week. Gross: $1,800. f Average, $1,600) "Jennie" (20th-Fox) "Lone Wolf Keeps a Date" (Col..) ASTER— (900) (15c-28c) 5 davs. Gross: S2.000. (Average. $1,800) Carman Rites Held Philadelphia, Jan. 15. — Funeral services were held here for William C. Carman, theatre builder, who died at his Summer home in Ventnor, XT. J., at the age of 83, after a month's ill- ness. The Carman here is operated by his son-in-law, George T. Graves. His wife, a daughter and sister sur- vive. 20th-Fox British Business Was Best Last Year: Harley (Continued from page 1) degree, from London to the provinces has made theatre attendance on a large scale possible in England where otherwise it would not have been be- cause of war conditions. Other reasons for the upswing in business are the increased entertain- ment appetite of the people and the 24-hour work schedules prevailing in large cities, which leaves night work- ers free to attend theatres during the day. The air bombings have not stopped British production, Harley said. Eight features were made last year. "Kips," with Diana Wynyard and Michael Redgrave, completed recently, may be distributed here. Productions planned for the near future include "Once a Crook," "Spitfire," "Pitt, the Younger," and "Paddy, the Next Best Thing." Harley plans to return to London at the end of February. He will leave for the Coast on Monday to con- fer with company officials. 'Comrade' $23,000 Top St. Louis Gross St. Louis, Jan. 15. — With ideal weather, local theatres did well, only one going below average. "Comrade X" at the Loew's State led w'ith $23,000 for a 10-day run. Estimated takings for the week end- ing Jan. 9 : "This Thing Called Love" (Col.) "The Invisible Woman" (Univ.) AMBASSADOR— (3.018) (28c-39c-44c-56c) 7 days. Gross: S13.500. (Average, $11,500) "Arizona" (Col.) FOX— (5.038) (30c-40c-50c) 7 days. Will Osborne and band on stage. Gross: $9,500. (Average, $11,000) "Comrade X" (M-G-M) "Gallant Sons" (M-G-M) LOEW'S STATE — (3,162) (28c-39c-44c-56c) 10 davs. Gross: $23,000. (Average, 7 days. $13,000) "Arise My Love" (Para.) "Crrd Hanna" (2__ Back Decree, Is Plea of IL S. To Exhibitors NEW YORK, U. S. A., FRIDAY, JANUARY 17, 1941 TEN CENTS Justice Dep't Unit Is Headed by Wright Washington, Jan. 16. — Calling upon exhibitors for "wholehearted support," the Department of Justice today formally announced the estab- lishment of the special unit which will handle matters under the consent de- cree under the supervision of Robert L. Wright, of the anti-trust division staff. In addition to dealing with the New York decree, the unit, it was an- nounced, also will handle the decrees entered in the Federal Courts at Chi- cago on Dec. 10 and Los Angeles on Nov. 27. It was explained that the new organization will enforce the decree and see that final arbitration awards are com- plied with, participating as a friend of the court in any ap- peals taken from awards which involve important questions of construction of the decree. In this connection, also, the unit will undertake to ascertain the competitive effect of each the- (Continued on page 4) Rogasner Brings Phila. Trust Suit Philadelphia, Jan. 16. — Milton Rogasner, owner of the Iris, neighbor- hood house here, today filed an anti- trust suit in Federal district court for triple damages of $378,000 against Warner Theatres and six distributors, Warners, Universal, M-G-M, United Artists, RKO and Paramount. He contended that because of his inability to obtain films his theatre's business dropped, and he estimates that the profit otherwise would have been about $21,000 a year for the past six years. He also claimed that his in- ability to get product compels him to keep the Lafayette dark. Initial Arbitration Office Taken in K.C. j Kansas City, Jan. 16. — First loca- tion of an industry arbitration board to be announced has been arranged here with a lease taken for the entire eighth floor of the Waltower Building in downtown Kansas City. The of- fices, which will be opened Feb. 1, consist of a hearing room, large re- ception room, board secretary's office and large storage space. RKO Planning Big Campaign on 'Kane' RKO is planning an exten- sive national advertising cam- paign on "Citizen Kane," to break in the large-circulation weekly magazines and key city newspapers about the middle of February. The pic- ture is to be released on Feb. 28. The entire special ad- vertising campaign on the Orson Welles film will be handled by Donahue & Coe, advertising agency. Schine Decree Talk Held in Washington Washington, Jan. 16. — Department of Justice officials tonight refused to reveal what progress is being made toward a consent decree settlement of the Schine Circuit anti-trust suit, fol- lowing upon reports that Willard S. McKay, attorney for the circuit, had conferred with members of the De- partment here this week. Department officials indicated that there have been some discussions but pointed out that it is the usual thing for defendants to explore possibilities of a settlement without a trial. No comment on the Washington conferences could be obtained at McKay's office here. It was said he was out of town for a few days. FILMS NOT INCITING TO WAR, SAYS HAYS 'Wind' Again at Capitol; Weather Blow to Grosses "Gone With the Wind" is sched- uled for a popular-price return en- gagement at the Capitol on Broadway following the current run of "Flight Command," which opened yesterday. The latter film is expected to go two weeks, and possibly a third, and "Gone With the Wind" is figured by M-G-M officials to be good for three weeks and possibly a fourth at "the Capitol's regular scale. Broadway grosses were down yes- terday as the first real storm of the Winter struck. Business was gen- erally good, however, during the pre- ceding week. Four pictures are being held over. "Second Chorus" with Harry James and his orchestra opened strong at the Paramount on Wednesday, with about $8,000 for the day. "Hudson's Bay" with a stage show at the Roxy finished its first week with an esti- mated $47,000 and is being held over. "Four Mothers" with Sammy Kaye at the Strand, another holdover, took an estimated $30,000 in the first week- {Continued on page 4) 7 Companies' Of Business '39 Volume $411,000,000 Washington, Jan. 16. — Seven mo- tion picture companies had a total combined volume of business of $411,- 000,000 in 1939, an increase of $1,000,- 000 over the preceding year, it was reported tonight by the Securities and Exchange Commission. Covering the operations of Columbia, Loew's, Inc., Mono- gram, Paramount, 20th Cen- tury-Fox, Universal Corp. and Universal Pictures, and War- ner Brothers, the analysis showed the seven companies had a combined operating profit of $25,000,000 or 6.2 per cent of sales, for the 1939 year, compared with $28,000.- 000, or 6.7 per cent of sales, in 1938. After all charges, including non- operating gains and losses, prior claims, interest and income taxes, the companies had a combined net profit of $20,000,000, or 4.8 per cent of sales for 1939, compared with $21,000,000, or S.l per cent, for 1938. During their 1939 year, the compa- nies paid out $9,900,000 in dividends, of which $3,700,000 were cash divi- dends on preferred stock and $6,200,- 000 cash dividends on common stock. In the 1938 year, they paid out a to- tal of $12,900,000, of which $3,700,000 were cash dividends on preferred and $9,100,000 cash dividends on common stock, and $100,000 stock dividends on common. The combined total for all surplus accounts was $190,000,000 at the end of 1939, an increase of $9,000,000 dur- ing the year, as against $10,000,000 in the preceding year. The combined balance sheet assets of the companies {Continued on page 4) Few Relate to Conflict, His Reply to Senator Wheeler States "Only a small percentage of all classifications of films handled by major companies had any rela- tion, direct or indirect, to Eu- ropean politics and the Euro- pean war, and no appreciable fraction of these small percent- ages can be said to show an intention to incite to war." Will H. Hays asserts this in a reply sent yesterday to. Senator Bur- ton K. Wheeler, chairman of the Senate Interstate Commerce Com- mittee, who early this week charged the industry with disseminating (Continued on page 4) Will H. Hays Agnew to Announce Changes at Chicago Paramount headquarters will be transferred to Chicago for most of next week while the company holds a home office and district sales man- agers' convention and a testimonial banquet to Barney Balaban, president, and winners of the company's theatre business drive in honor of Balaban. The sales meeting will be held at the Edgewater Beach Hotel, Tuesday through Thursday, with Neil Agnew, (Continued on page 2) Report Livingston Arrested in Paris According to information received in this country yes- terday via short-wave radio, Maurice Livingston, former RKO sales executive in France, has been arrested in Paris, charged with supplying food to refugees. 2 Motion Picture Daily Friday, January 17, 1941 Sound Technicians Submit Demands Hollywood, Jan. 16. — Major pro- ducers today received demands of Sound Technicians Local 695, I.A.- T.S.E.. for what amounts to 54 hours pay for -.2 hours work, complete jurisdiction over all sound work, in- cluding that now held by Studio Electricians Local 40, I.B.E.W., and Improved working conditions. Harold V. Smith, Local 695 busi- ness representative, in submitting the proposals to Pat Casey, producers' labor representatives, asked that nego- tiations start immediately. The demands are similar to those made of 46 independent producers and sound companies last summer, all of which, Smith said, have signed up with the exception of Republic, where the matter is still in the hands of William Bioff, who stopped the sound men's strike last summer. Personal Mention Agnew to Announce Changes at Chicago {Continued from page 1) vice-president in charge of distribu- tion, presiding. The meeting also will discuss spe- cial sales plans for "I Wanted Wings," which may be roadshown ; "Virginia"' and "The Lady Eve." The testimonial dinner to Balaban and the theatre drive winners will be held Thursday night and will draw most of the Paramount home office executives, ranking studio officials and heads of the Paramount theatre operations in the field. Among those who will attend, in addition to Balaban and Agnew, are : Adolph Zukor, Stanton Griffis, Austin Keough, Y. Frank Freeman, J. J. Unger, Charles Reagan, Oscar Alor- gan, Robert M. Gillham, Al Wilkie, Alec Moss, George Brown, Leonard Goldenson, Leon Netter, E. V. Rich- ards, X. L. Nathanson, A. H. Blank, R. J. O'Donnell, Karl Hoblitzelle, C. J. Scollard, G. B. J. Frawley, Herman Lorber, Arthur Dunne, Mon- roe Goodman, Fred Leroy, John Balaban, Sam Pinanski, Martin Mul- lin, Arthur Israel, Earl Hudson, J. J. Friedl, M. A. Lightman and Ralph Branton. RESTAURANTS 1626 BROADWAY 1655 (Next to the Rivoli Theatre) (51st Street Corner) For over 20 years the luncheon and dinner place for Motion Picture People Sole agents in New York for FAMOUS BLUM'S ALMONDETTES from San Francisco, California MAURICE SILVERS TONE, Arthur W. Kelly, Charles Schwartz and Edward C. Raftery will leave for the Coast by train to- night for several weeks of conferences with company producers. • Alexander Korda will leave tomor- row for the Coast, but plans to re- turn here in three or four weeks. • John Joseph, Universal advertising and publicity director, is due early next week from the studio. • Bernard Brandt, Joseph Mosko- witz, Joseph Pincus and J. _J. Mil- stein lunching at Lindy's (51st St.) vesterday. • Edgar Moss, 20th Century-Fox dis- trict manager in Philadelphia, will be host to the local trade Jan. 24 at his new home in suburban Philadelphia. • Robert Mochrie, RKO Eastern di- vision sales manager, has left for a business trip to Detroit. He will re- turn Monday. • Louis Astor, Max Weisfeldt and Lou Weinberg having lunch at Lindy's (next to the Rivoli) yester- dav. • Harry Buckley, Paul Lazarus and Douglas Rothacker at the Tavern vesterdav for lunch. RICHARD A. ROWLAND, pro- ducer for United Artists, will ar- rive here today from the Coast. • Arthur A. Lee returns to his of- fice Monday after a three-week Coast visit. • Robert YVeitman, Claude Lee, Austin Keough, Louis Phillips, Frank Phelps, Clayton Bond, John Royal, Guy Bolton. J. J. Shubert, John Golden, Jimmy Savo and Arthur Mayer lunching at Sardi's yesterday. • Maurice Bergman, Arthur Rapf, Barney Balaban, J. J. Unger, Stan- ton Griffis, John Harris, Max A. Cohen, Tom Connors, E. K. O'Shea and George Skouras at Xick's Hunt- ing Room in the Astor yesterday for lunch. • Mrs. Harry Leasim, wife of the former RKO European manager, and their daughter and two sons, are en route from Lisbon by clipper. Leasim is here. • Frederick L. Herron, M.P.P.D.A. treasurer and foreign head, is con- fined to his home with a cold. • Melvyn Douglas will arrive in W ashington Saturday from the Coast to attend the inauguration as the guest of Secretary Ickes. 'Kitty Foyle' Is Big Hit in Kansas City Kansas City, Jan. ' 16.— "Kitty Foyle" did a smash $11,400 at the Ohpheum. "Love Thy Neighbor" gave the Newman $8,700 in the second week. Estimated takings for the week end- ing Jan. 6-9 : "Chad Hanna" (ZOth-Fox) ESQUIRE — (SCO) (28c-44c) 10 days. Gross: $3,500. (Average. 10 davs, S3.OC0) "Madame X" (M-G-M) "Ellery Queen, Master Detective" (Col.) MIDLAND — (4.000) (28c-44c) 10 days. Gross: $14,000. (Average, 10 days, $12,500) "Love Thy Neighbor" (Para.) NEWMAN — (1.900) (28c-44c) 7 days. 2nd week. Gross: S8.70O. (Average. $7,000) "Kitty Foyle" (RKO) "The Saint at Palm Springs" (RKO) ORPHEUM — (1.500) (28c-44c) 7 days. Gross: $11,400. (Average. 55,000) "Cherokee Strip" (Para.) TOWER — (2.200) (30c) 7 days. Stage: Tenner & Swift. The Bell Troupe. Kadet Kozak. Gross: $5,900. (Average, $6,000) "Chad Hanna" (20th-Fox) UPTOWN — (2,000) (28c-44c) 10 days. Gross: $4,800. (Average, 10 days, $3,900) Charles Berman Dies; Formerly in Toronto Boston, Jan. 16. — Charles Berman. one-time owner of the World Film franchise in Toronto, is dead here. He was a brother of the later A. C. Berman, who was European repre- sentative for Selznick International. He leaves a daughter, Mrs. Nat Levin, now here. Brennan Rites Today Washington, Jan. 16. — Funeral services will be held tomorrow at Ar- lington National Cemetery for Charles J. Brennan, for many years associated with Warner Theatres here and in Connecticut, and more re- cently connected with the Department of Commerce. 'Chorus' Captures $22,000 in Detroit Detroit, Jan. 16. — "Second Chorus" and a stage show for five days, with "Santa Fe Trail" and "The Aldrich Family in Life with Henry" for two days, drew $22,000 at the Michigan. Estimated takings for the week end- ing Jan. 9 : "Thief of Bagdad" (U. A.) "Sandy Gets Her Man" (Univ.) ADAMS— (1.600) (15c-39c-44c-55c) 7 days, 2nd week. Gross: $6,000. (Average, $5,500) "Escape" (M-G-M) "Christmas In July" (Para.) FISHER— (2,700) (15c-39c-44c-55c) 7 days. Gross: S6.C00. (Average. S7,C00) "Hudson's Bay" (20th-Fox) "The Lcne Wolf Keeps a Date" (Col.) FOX— (5.000) (20c-55c-65c) 7 davs. Gross: S16.000. (Average. S15.C0C) "Second Chorus" (Para.) (5 davs) "Santa Fe TraU" (W. B.) (2 davs) "Life With Henry" (Para.) (2 davs) MICHIGAN — (4.000) (15c -39c -44c -55c -65c) Stage Show: (5 days) Rosemary Lane, The 4 Ink Spots. Dean Murphv. with "Chorus." Gross: $22,000. (Average, $12,000) "Love Thy Neighbor" (Para.) "Texas Rangers Ride Again" (Para.) PALMS — (3.000) (25c-39c-44c-55c) Gross: $7,000. (Average. $7,000) "Comrade X" (M-G-M) "Long Voyage Home" (U. A.) UNITED ARTISTS— (2.200) (20c-39c-44c- 55c) 7 days, 3rd week. Gross: $9,000. (Aver- age. $10,000) Law to Discuss Decree Los Angeles, Jan. 16. — Albert J. Law, former assistant U. S. Attorney General and now counsel to the Pacific Coast Conference of Inde- pendent Theatre Owners, will address an Independent exhibitors' meeting here Monday on the Federal consent decree. Col. Sets Dividend Columbia Pictures Corp. has de- clared a quarterly dividend of 68-24 cents per share on the $2.75 con- vertible preferred stock, payable Feb. 15 to stockholders of record on Feb. 1. Newsreel Parade PICTURES of Loudon's "City" aflame and the British victory in Sidi Baranm arc important war mate- rial in the new issues. The contents: MOVIETONE NEWS, No. 38— London "City" aflame. Sidi Baranni falls. Hull urges aid to Britain. Passengers on Manhattan rescued. Infantile paralysis drive. Golden Gloves. NEWS OF THE DAY, No. 236— Lon- don's "City" set afire. Firemen back from England. British capture Sidi Baranni. Hull warns of invasion peril. Paralysis drive. Golden Gloves. PARAMOUNT NEWS, No. 41— British in Libyan victory. British commerce on the Mediterranean. Illustrious after bomber attack. Italian prisoners in Greece. Fire in London. Launch paralysis drive. RKO PATHE NEWS, No. 41— Nazis set >ections of London afire. Italian prisoners in Egypt. "March of Dimes" drive opens. Passengers moved from Manhattan. Hat fashions. British reinforcements in Greece. Golden Gloves. UNIVERSAL NEWSREEL, No. 946 —Italian prisoners taken at Sidi Baranni. Illustrious in Mediterranean battle. Fire in London. New York firemen return from war zone. Troops off for Newfoundland. Passengers leave Manhattan. Cat show in New York. Stock car race in California. Golden Gloves. "March of Dimes." Trust Suit Against Interstate Settled Dallas, Jan. 16. — The anti-trust action brought by Sam Kirscheimer, Houston exhibitor, against Interstate Circuit, was dismissed in Federal Court here today after a settlement, the terms of which were not revealed. The suit of H. N. Jorgenson, owner of the East Grand here, against Inter- state, ended yesterday with a verdict of $1,500 damages, tripled, plus attor- ney fees. Jorgenson had sought $18,- 000 triple damages. The action of R. Z. Glass of Houston against the cir- cuit is scheduled for trial Monday. Penner Rites Held Hollywood, Jan. 16. — Services were held here today for Joe Penner, stage, screen and radio comedian, who died Friday in Philadelphia. Jack Oakie. Carroll Tracy, Amory Eke- ley, Charles Correll, Dr. Charles Pin- cus, Ned Kaufman, Joe Nolan and James Starr were pallbearers. MOTION PICTURE DAILY (.Registered U. S. Patent Office) Published daily except Saturday, Sunday and holidays by Quigley Publishing Company, Inc., 1270 Sixth Avenue, Rockefeller Center, New York City. Telephone Circle 7-3100. Cable address, "Quigpubco, New York." Mar- tin Quigley, Editor-in-Chief and Publisher; Colvin Brown, Vice-President and General Manager; Watterson R. Rothacker. Vice- President; Sam Shain, Editor; Alfred L. Finestone, Managing Editor; James A. Cron, Advertising Manager; Chicago Bureau, 624 South Michigan Avenue, C. B. O'Neill, Manager; Hollywood Bureau, Postal Union Life Building, William R. Weaver, Editor; London Bureau, 4 Golden Square, London Wl, Hope Williams, Manager, cable address "Quigpubco, London." All contents copy- righted 1941 by Quigley Publishing Com- pany, Inc. Other Quigley publications: Motion Picture Herald, Better Theatres, International Motion Picture Almanac and Fame. Entered as second class matter, Sept. 23, 1938, at the post office at New York, N. Y., under the act of March J, 1879. Subscription rates per year $6 in the Americas and $12 foreign. Single copiei 10c. Friday, January 17, 1941 Motion Picture Daily 3 'Comrade X' With $53,800 Hit in Boston Boston, Jan. 16. — In a week of good grosses, "Comrade X" and "Gal- lant Sons" drew a total of $53,800 at two houses, $24,100 at Loew's State and $29,700 at Loew's Orpheum. "San Francisco Docks" and "George * White's Scandals" on the Keith Bos- ton stage, took $16,100. Estimated takings for the week end- ing Jan. 8-10 : "San Francisco Docks" (Univ.) KEITH BOSTON— (3,200) (35c-40c-55c- 65c) 7 days. On stage: "George White's Scandals." with Ben Blue and Mildred Fen- ton. Gross: $16,100. (Average, $8,000) "Kitty Foyle" (RKO) "Saint at Palm Springs" (RKO) KEITH MEMORIAL— (2,907) (25c-35c- 40c-55c) 9 days. Gross: $23,200. (Average, $16.CC0) "Santa Fe Trail" (W. B.) "A Night at Earl Carroll's" (Para.) METROPOLITAN — (4,367) (25c-35c-40c- 55c) 8 days. Gross: $19,800. (Average, $15,500) "Love Thy Neighbor" (Para.) "Lady with Red Hair" (W. B.) PARAMOUNT — (1,797) (2Sc-35c-40c-55c) 8 days. Gross: $9,100. (Average, $7,500) "Love Thy Neighbor" (Para.) "Lady with Red Hair" (W. B.) FENWAY — (1,320) (25c-35c-40c-55c) 8 days. Gross: $4,900. (Average, $4,500) "Tin Pan Alley" (20th-Fox) "Kit Carson." (U.A.) SCOLLAY — (2,500) (25c-44c-55c) 8 days. Gross: $4,100. (Average, $4,000) "Comrade X" (M-G-M) "Gallant Sons" (M-G-M) LOEW'S STATE — (3.000) (25c-35c-40c- 55c) 11 davs. Gross: $24,100. (Average, $12,000) "Comrade X" (M-G-M) "Gallant Sons" (M-G-M) LOEW'S ORPHEUM - (2.900) (25c-35c- 40c-55c) 11 days. Gross: $29,700. (Average, $17,500) 'Command' Seattle Best With $8,500 Seattle, Jan. 16.— "Flight Com- mand" at the Fifth Avenue took a strong $8,500. "Sante Fe Trail" took $6,100. Others were slow. The weather was warm and clear.. Estimated takings for the week ending Jan. 10: "Comrade X" (M-G-M) "Dr. Kildare's Strange Case" (M-G-M) BLUE MOUSE — (950) (30c-40c-50c-65e) 7 davs. 3rd week. Gross: $3,400. (Average, $4,000) "Flight Command" (M-G-M) "Keeping Company" (M-G-M) FIFTH AVENUE— (2,500) (30c-40c-50c- 65c) 7 davs. Gross: $8,500. (Average, $7,000) "Arizona" (Col.) LIBERTY— (1,800) (30c40c-50c-65c) 7 days. 3rd week. Gross: $4,600. (Average, $5,000) "Little Nellie Kelly" (M-G-M) "Gallant Sons" (M-G-M) MUSIC BOX-(950) (30c-40c-50c-65c) 7 days, 2nd week. Gross: $3,700. (Average, $4,000) "Santa Fe Trail" (W. B.) "Meet the Wildcat" (Univ.) ORPHEUM— (2,450) (30c-40c-50c) 7 days. Gross: $6,100. (Average, $6,000) "One Night in the Tropics" (Univ.) PALOMAR-(1,500) (20c -30c -40c -50c) 7 davs. Vaudeville. Gross: $4,800. (Aver- age, $5,000) "Chad Hanna" (20th-Fox) "Charter Pilot" (20th-Fox) PARAMOUNT— (3,050) (30c-40c-50c) 7 days. Gross: $5,100. (Average, $6,000) Hart Play Delayed "Lady in the Dark," musical play by Moss Hart, scheduled to open last night at the Alvin, has been postponed due to the illness of Gertrude Law- rence, the star. The play is now scheduled to open next Thursday. 'Kitty Foyle' Holds Pace in Chicago, Drawing $22,000 Chicago, Jan. 16. — "Kitty Foyle," dualed with "The Saint at Palm Springs," scored an excellent $22,000 in the second week at the Palace. "Night in the Tropics," plus a stage show, drew $17,000 at the Oriental. Estimated takings for the week end- ing Jan. 10 : "Arizona" (Col.) APOLLO— (1,400) (35c-55c-75c) 7 days, 3rd week. Gross: $6,500. (Average, $6,500) "Love Thy Neighbor" (Para.) CHICAGO— (4,000) (35c-55c-75c) 7 days, 2nd week. Stage Show. Gross: $30,000. (Average, $32,000) "Bitter Sweet" (M-G-M) GARRICK— (1,000) (35c-55c-7Sc) 7 days. Gross: $5,000. (Average. $5,000) "Night in The Tropics" (Univ.) ORIENTAL— (3,200) (25c-40c) 7 days. Stage: Mills Bros. & Thurston Magic show. Gross: $17,000. (Average: $13,000) "Kitty Foyle" (RKO) "Saint at Palm Springs" (RKO) PALACE— (2,500) (35c-40c-60c) 7 days, 2nd week. Gross: $22,000. (Average, $13,000) "Thief of Bagdad" (U. A.) ROOSEVELT— (1.500) (3i5e-55c-75c) 7 days, 3rd'weke. Gross: $8,000. (Average, $11,000) "Sky Murder" (M-G-M) STATE-LAKE— (3,700) (25c-40c) 7 davs. Stage: Fats Waller & Band. Gross: $17,000. (Average, $15,000) "Comrade X" (M-G-M) UNITED ARTISTS— (1,700) (35c-55c-75c) 7 days. Gross: $12,000. (Average, $14,000) 'Spitfire* and Show High in Cincinnati Cincinnati, Jan. 16. — "Mexican Spitfire Out West" with a stage show, "Streets of Paris," scored a strong % 14,500 at the RKO Shubert. Estimated takings for the week end- ing Jan. 8-11 : "Love Thy Neighbor" (Para.) RKO ALBEE— (3,300) (33c-40c-50c) 7 days. Gross: $13,500. (Average $12,000) "Comrade X" (M-G-M) RKO PALACE— (2,700) (33c-40c-50c) 7 days. Gross: $11,000. (Average, $10,000) "Mexican Spitfire Out West" (RKO) RKO SHUBERT— (2,150) (44c-60c) 7 days. Stage: "Streets of Paris." Gross: $14,500. (Average. $10,000) "Gone With the Wind" (M-G-M) RKO CAPITOL— (2,000) (50c-55c-60c) 7 days. 2nd week. Gross: $11,000. (Average at 33c-40c-50c, $5,500) "Son cf Monte Crista" (U.A.) RKO GRAND— (1,450) (33c-40c-50c) 7 days. Gross: $5,000. "Philadelphia Story" (M-G-M) RKO LYRIC— (1,400) (28c-33c-42c) 7 days. 4th downtown week (previous three at ad- vanced prices.) Gross: $4,600. (Average, $4,500) "Cherokee Strip" (Para.) "Pride of the Bowery" (Mono.) RKO FAMILY— (1,000) (15c-2Sc) 4 days. Gross: $1,300. (Average. $1,200) "Great Plane Rcbbery" (Col.) "False Rapture" (F.A.) RKO FAMILY— (l.OCO) (15c-28c) 3 days. Gross: $900. (Average, $800.) "Santa Fe Trail" (W.B.) KEITH'S — (1,450) (33c-40c-50c) 7 days, 2nd week. Gross: $4,600. (Average, $5,000) Three 'Fantasia' Engagements Set Three new roadshow engagements for Walt Disney's "Fantasia" have been set, according to Hal Home, distribution chief. The film will open at the Majestic in Boston on Jan. 28, at the Carthay Circle in Los Angeles on Jan. 29 and at the Aldine in Phila- delphia on Feb. 12. Prices will be $1.50 top for evenings and $1.10 top for matinees, on a two-a-day basis. The Boston engagement will be sponsored by the New England Town Hall and the Institute of Modern Art and the Philadelphia run by the Junior League. 20th-Fox Awards to British, China Units W. J. Hutchinson, director of foreign distribution for 20th Century-Fox, has given special awards for 1940 to the company offices in England and China, for their work under "extremely hazardous conditions" during the year. 'Foyle' at $16,000 Big in Providence Providence, Jan. 16. — Aided by capacity houses at increased prices on New Year's Eve and excellent holiday business, box-offices were un- usually busy. "Kitty Foyle" and "The Saint at Palm Springs" took $16,000 in nine days at the RKO Albee. Estimated takings for the week end- ing Jan. 8-9 : "Kitty Foyle" (RKO) "The Saint at Palm Springs" (RKO) RKO- ALB EE — (2,239) (28c-39c-50c) 9 days. Gross: $16,000. (Average, for 7 days, $6,000) "Comrade X" (M-G-M) "The Lor'e Wolf Keeps a Date" (Col.) LOEW'S STATE— (3,232) (28c-39c-50c) 9 days. Gross: $17,700. (7-day average, $11,000) "Santa Fe Trail" (W. B.) "Where Did You Get That Girl?" (Univ.) MAJESTIC— (2,250) (28c-39c-S0c) 8 days. Gross: $10,500. (7-day average, $7,000) "Love Thy Neighbor" (Para.) "Who Killed Aunt Maggie?" (Rep.) STRAND— (2,200) (28c-39c-50c) 7 days. Gross: $10,000. (Average. $6,000) "Her First Romance" (Mono.) METROPOLITAN — (3,045) (28c-39c-55c- 75c) 3 days. Stage show with Harry James and Orchestra; Johnny Downs; Sue Ryan; and the Six Grays. Gross: $3,500. (Aver- age, $4,000) "The Thief of Bagdad" (U. A.) "Nobody's Children" (Col.) CARLTON— (1,526) (28c-39c-50c) 9 days, 2nd week. Gross: $2,000. (7-day average, $3,500) "Fargo Kid" (RKO) (3 days) "The Border Legion" (Rep.) (7 days) "Banjo On My Knee" (ZOth-Fox) (7 days) FAY'S— (1,800) (15c-28c-39c-44c) 3-day Stage show with Patti Pickens, Robert Sim- mons, Bobby (Uke) Henshaw and Family, Gonzales Family, the Four Macks, and Smith. Rogers & Eddy. Gross: $6,000. (7- dav average. $2,500) "Tan Pan Alley" (ZOth-Fox) (3 days) "Charter Pilot" (20th-Fox) (3 days) "North West Mounted Police" (Para.) (4 days) "Street of Memories" (ZOth-Fox) (4 days) EMPIRE— (2,200) (20c-28c) 2nd run. Gross: $2,400. (Average, $2,000) 'Mounted' Scores $23,000, Baltimore Baltimore, Jan. 16. — "North West Mounted Police" scored a smash $23,000 at the Stanley. Estimated takings for the week end- ing Jan. 9 : "Comrade X" (M-G-M) CENTURY— (3,000) (15c-28c-44c) 10 days. Gross: $17,500. (Average, $10,000) "Invisible Woman" (Univ.) KEITH'S— (2,406) (15c-28c-33c-44c) 7 days. Gross: $9,000. (Average, $9,000) "Hudson's Bay" (ZOth-Fox) NEW— (1,581) (15c-28c-35c-55c) 7 days. Gross: $10,000. (Average, $7,000) "North West Mounted Police" (Para.) STANLEY— (3,280) (15c-28c-39c-44c-55c) 10 davs. Gross: $23,000. (Average, $12,000) "Kitty Foyle" (RKO) HIPPODROME — (2,205) (15c-28c-39c-44c- 55c-66c) 8 days. On stage: Benny Davis and his "Star Dust Revue." Gross: $19,000. (Average, $14,000) Pascal En Route Here London, Jan. 16. — Gabriel Pascal, producer of "Major Barbara," left London today, en route to the United States via Lisbon, where he will board a plane or boat. 'Story' Smash Grosser at 3 L.A. Theatres Los Angeles, Jan. 16. — "The Phil- adelphia Story," playing in three thea- tres here simultaneously, grossed a total of $43,200, with $11,000 at the Carthay Circle, $15,700 at the Chinese and $16,500 at Loew's State. Estimated takings for the week end- ing Jan. 8 : "The Philadelphia Story" (M-G-M) CARTHAY CIRCLE— (1,518) (33c-44c-55c) 6 days. Gross: $11,000 (Average, $17,000) "The Philadelphia Story" (M-G-M) CHINESE — (2,500) (33c -44c -55c -75c) 6 days. Gross: $15,700 (Average, $12,500) "Flight From Destiny" (W. B.) 4 STAR— (900) (44c-55c) 2nd week. Gross: $3,800 (Average, $3,250) "No, No, Nanette" (RKO) "The Saint in Palm Springs" (RKO) HILLSTREET— (2,700) (33c-44c-55c-7Sc) 6 days. Gross: $9,900 (Average, $6,500) "The Philadelphia Story" (M-G-M) LOEW'S STATE— (2,500) (33c-44c-55c-75c) 6 days. Gross: $16,500 (Average, $14,000) "No, No, Nanette" (RKO) "The Saint in Palm Springs" (RKO) PANTAGES— (3,000) (33c-44c-55c-75c) 6 days. Gross: $9,200 (Average, $7,000) "Love Thy Neighbor" (Para.) PARAMOUNT — (3,595) (44c-55c-75c) 7 days. Stage: Peter Lind Hayes & Fan- chonetts— Rube Wolf Orchestra. Gross $20,000. (Average $18,000) "Santa Fe Trail" (W.B.) WARNER BROS. (Hollywood)— (3,000) (33c-44c-55c-75c) 7 days. Gross: $13,200. (Average, $14,000) "Santa Fe Trail" (W.B.) WARNER BROS. (Downtown)— (3,400) (33c-44c-55c-75c) 7 days. Gross: $14,500. (Average, $12,000) 'Hanna' and Gray $22,000, Cleveland Cleveland, Jan. 16. — "Chad Hanna" and Glen Gray's Casa Loma orchestra on the stage of RKO Palace rang up an excellent $22,000 here in a good week. Estimated takings for the week end- ing Jan. 9 : "Here Comes the Navy" (W. B.) ALLEN— (3,000) (33c-39c-47c) 7 days, 2nd week. Gross: $3,000. (Average, $4,000) "Santa Fe Trail" (W. B.) WARNERS' HIPPODROME— (3.80O) (33c- 39c-47c) 7 days, 2nd week. Gross: $12,000. (Average, $11,000) "Chad Hanna" (ZOth-Fox) RKO PALACE— (3,100) (33c-47c-55c) Glen Gray on stage. 7 days. Gross: $22,000. (Average, $13,000) "Comrade X" (M-G-M) LOEW'S STATE— (3,500) (33c-39c--47c) 3 days, 2nd week. Gross: $5,000. (7-day average, $11,000) "Love Thy Neighbor" (Para.) LOEW'S STILLMAN — (1,900) (33c-39c- 47c) 10 days. Gross: $7,500. (7-day aver- age $4,000) 'Comrade X' Takes Indianapolis Lead Indianapolis, Jan. 16. — "Comrade X" and "Golden Fleecing" did $15,000 in a 10-day run at Loew's and "Santa Fe Trail" was good for $12,000 in 10 days at the Indiana. Estimated takings for the week end- ing Jan. 10 : "Love Thy Neighbor" (Para.) "Meet the Wildcat" (Univ.) CIRCLE— (2.800) (28c-33c-44c) 7 days, 2nd week. Gross: $5,200. (Average, $6,000) "Santa Fe Trail" (W. B.) INDIANA— (3,200) (28c-33c-44c) 10 days. Gross: $12,000. (7-day average, $5,500) "Comrade X" (M-G-M) "Golden Fleecing" (M-G-M) LOEW'S— (2,800) (28c-33c-44c) 10 days. Gross: $15,000. (7-day average, $7,000) "Jennie" (20th-Fox) LYRIC— (2,000) (28c-33c-44c) 7 days. Stage: Greater Marcus Show. Gross: $8,800. (Aver- age, $8,000) 4 Motion Picture Daily Friday, Januarv 1/. 1941 Support Decree, Department Of Justice Asks Exhibitors Industry Is Not Inciting To War: Hays {Continued from page 1) "unbridled propaganda" for war. Hays expressed his appreciation of Senator Wheeler's action in sharing with him the opinions and impressions which had been brought to the Sena- tor's attention, resulting from motion picture treatment of defense and war topics. Hays' letter relates that a 10- month analysis of the five newsreels shows that of 3,915 different subjects included, 16 per cent, or 646 clips, related to national defense efforts of a factual nature. The reels also carried war coverage and Latin American subjects. Three Shorts on War An analysis of 707 short subjects approved by the Production Code Ad- ministration during 1940 reveals that only 14 dealt with governmental ac- tivities and three with the European war, or approximately 2.4 per cent of the total. A further analysis, Hays' reply states, reveals that of the 530 features for which P.C.A. seals were issued last year, only 27, or five per cent of the total, "per- tained in any way whatsoever to in- ternational politics or current events in Europe." Hays calls the attention of Senator Wheeler to a statement Hays issued in 1939 following the proclamation of American neutrality. The statement reads in part : "The primary purpose of the es- sential service of motion pictures is entertainment. There may be pic- tures in which war is an element, but 'hate' pictures, made for the purpose of stirring up animosity, have no place on the American screen and certainly are no part of the purpose of the or- ganized motion picture industry." "This quotation," Hays' letter states, "continues to reflect the established policy of the indus- try, which most emphatically is not to carry on 'a violent prop- aganda to incite the Ameri- can people to war."' "Surely," Hays concludes, "the charge cannot lie that patriotic pic- tures emphasizing the American way of life are war propaganda ; that vi- tal portrayals of the horror and tra- gedy of the European war glorify such conflict." Recognizes Obligation "The American motion picture in- dustry," Hays wrote, "recognizes its obligation to aid the nation in the present emergency and expects to do its full duty. But motion picture cameras have caught and recorded far too much of the tragedy and horror of modern war for this industry's leaders to disregard the consequences of American belligerency, much less deliberately use the screen for war propaganda." Senator Wheeler had threatened the industry with regulatory legislation unless it adopted a "more impartial attitude" in presenting subjects related to the war. (Continued from page 1) atre acquisition reported by the consenting defendants. "Since the entry of the decree," it was commented, "certain acquisitions of competing independent theatres have been completed or contemplated which are apparently intended to eliminate the possibility of the inde- pendent theatres' securing relief that the decree was intended to provide. "While action under Section XI (5) of the decree is limited to ac- quisitions which are- a part of a gen- eral program of expansion," it was warned, "the department is free to proceed under the act itself to enjoin or divest acquisitions which are at- tempted or made with the purpose and effect of suppressing or eliminat- ing competition, whether made by the consenting defendants or others." Procedure on Complaints It was announced also that the unit will receive complaints which are not recognizable under the decree and recommend such action as is not in- consistent therewith, and will also receive and investigate complaints which involve Sherman Act violations by distributors and exhibitors who are not parties to the decree. In the case of complaints which do not involve sufficient public interest to warrant litigation by the Government, the matters will be referred to the par- ties complained against for voluntary adjustment. No exhibitors' complaint will be referred or disclosed to any distributor or other person complained against, except in the course of legal proceedings, without the express authoriza- tion of the complaining exhibi- tor, it was stressed. It was pointed out that while there is no objection to the simultaneous clearing of exhibitor complaints through any exhibitor organization, all complaints should be forwarded di- rect to the anti-trust division as they arise so that investigations may be made immediately, instead of attempt- ing to investigate numbers of com- plaints at a later date. To insure intelligent action, all complaints must present a full pic- ture of the theatre situation of the exhibitor. Another phase of the unit's work will be the observation and evaluation of the effect of the decree on the in- dustry as a whole by studies of the extent to which arbitration succeeds in fairly adjusting specific exhibitor complaints of which the department has knowledge ; the general effect of the decree, and particularly the new method of selling, on competition be- tween the independent and affiliated groups, and the effect of new selling methods on competition in producing and distributing films. At the end of the three-year trial period, the unit will at- tempt to answer and make specific recommendations on the questions whether the trial period has demonstrated that the competition required by the Sherman Act can be achieved without divorce of exhibition; and if so, wheth- er changes must be made in other provisions of the decree to achieve such competition and, if modification is neces- sary, what specific changes should be made. "The above outline of the proposed activities of the decree unit is neces- sarily tentative and subject to modi- fication in the light of experience," the department said. "All exhibitors and their organiza- tions must know that without their wholehearted support, neither the de- cree nor the decree unit can function properly. While the department is heartily in favor of the settlement of individual differences without resort to arbitration by voluntary agreement between the parties involved wherever the agreement is a fair one, it should be borne in mind that the decree was intended to relieve small exhibitors from the pressure which large circuits and distributors have been able to exert in the past with respect to the terms of such informal settlements. Unless free use of the arbitration ma- chinery established by the decree is made by all exhibitors, this purpose will not have been fulfilled." Will Prosecute 'Coercion' The department expressed the be- lief that there is no cause for fear of reprisals on the part of exhibitors who insist on filing arbitration com- plaints rather than accepting nego- tiated settlements, but declared it will prosecute for contempt any person who attempts to prevent an exhibitor from exercising any of his rights un- der the decree "by economic coercion or otherwise." "The questions which will be up for decision on Nov. 20, 1943, must in- evitably be largely determined by the data collected by the department dur- ing the preceding three-year period," it was pointed out. "Unless exhibitors make full use of the arbitration pro- cedure set up by the decree and sup- ply full information with respect to the effect of the decree on their busi- ness to the decree unit, that data will be woefully incomplete. Without such exhibitor cooperation on a substantial scale, these questions are certain to be erroneously decided, to the detri- ment of exhibitors and the industry as a whole." 'Wind' Returning; Storm Hits B'way (Continued from page 1) "Kitty Foyle" gave the Rivoli a very good first week with an estimated $30,000. The third week of "The Philadel- phia Story" with a stage show at the Radio City Music Hall brought an estimated $95,000, and^ it continues a fourth week. The Capitol grossed about $26,000 for the third and final week of "Comrade X." "Convoy" opened at the Rialto yes- terday, succeeding "Invisible Woman," which garnered an estimated $9,000 in eight days. "The Great Dictator" drew about $14,600 in its 13th week at the Astor. The 10th week of "Fantasia" at the I Broadway was good for about $22,000. 7 Companies' Gross in 1939 $411,000,000 (Continued from page 1) totaled $531,00,000 at the end of the 1938 year and declined to S529,000,000 by the end of 1939; current assets increased from $174,000,000 to $184,- 000,000, but land, buildings and equip- ment at their book value declined from $288,000,000 to $276,000,000, and related reserves dropped from $119,- 000,000 to $118,000,000. The liability side of the com- bined balance sheet revealed a decrease in total liabilities from $48,000,000 to $47,000,000 during the year. The long- term debt declined from $146,- 000,000 to $138,000,000, while stockholders' equity, as indi- cated by the total book value of capital stock and surplus, increased from $307,000,1)00 to $319,000,000. A breakdown of the figures showed that the sales of the companies indi- vidually were as follows : Columbia Pictures, $22,174,000; Loew's, $112,- 490,000; Monogram, $2,912,000; Par- amount, $96,183,000; 20th Century- Fox, $53,752,000; Universal Corp., $22,148,000; Universal Pictures, $22,- 187,000; Warner Brothers, $102,083. Net Profits Cited Net profits after all charges were: Columbia, §512,000 (.year ended June 29, 1940) ; Loew's, $9,538,000 (year ended Aug. 31, 1939) ; 20th Century- Fox, $4,2-tO,000 (year ended Dec. 30, 1939; Universal Corp., $999,000, and Universal Pictures, $1,153,000 (year ended Oct. 28, 1939) ; Warner Brothers, $1,741,000 (year ended Aug. 26, 1939) ; Monogram, deficit of $180,- 000 to June 29, 1940, after profit of $42,000 to July 1, 1939, shown by in- terim report ; Paramount, $2,758,000 (year ended Dec. 30, 1939). Highest Compensations The three highest remunerations paid by the several companies were : Columbia, $206,250, $199,999 and $170,000 with total remuneration of all officers and directors S524.048 ; Loew's, $688,369, $355,000 and $328,- 817 with all officers and directors paid $2,106,856; Monogram, $25,000, $20,- 400 and $20,000 with $77,694 to all of- ficers and directors during the period of the interim report, and $20,000, $12,500 and $11,083 with all receiving $46,770 for the following period ; Par- amount, $250,000, $240,333 and $236,- 635, with all officers and directors re- ceiving $849,998. Twentieth Century-Fox. $255,000, $249,166 and $235,000, with all officers and directors receiving $853,943 ; Uni- versal Corp., $68,355, $53,000 and $41,373, with all officers and directors receiving $214,645 ; Universal Pic- tures, $196,000, $174,916 and $150,000, with all officers and directors receiv- ing $450,957, including $91,000 paid Standard Capital Co. for services of the chairman of the board : W arner Brothers, S260.000, $243,000 and $181,333, with all officers and direc- tors receiving $1,016,073. DO NOT « MOTION PICTURE DAI LY NEW YORK, U.S.A., MONDAY, JANUARY 20, 1941 Alert, InteWigei awTy to the^ cjtion Picture Industry JVOL. 49. NO. 13 Warner Net Is $1,276,316 For Quarter Compares With $642,129 For 1939 Period Warners and subsidiary com- panies report net profit of $1,276,- 316, after all charges, for the 13 weeks ending Nov. 30, 1940, the first quarter of the company's fiscal year. This compares with net profit of $642,129 for the corresponding 1939 quarter. The profit is equal to $12.81 per share on the 99,617 shares of preferred stock outstanding, and 31 cents per share on 3,701,090 shares of common stock outstanding. Income for the period amounted to $24,934,488, and operating costs $21,- 462,516. Amortization and deprecia- tion of properties amounted to $1,123,- (Continucd on page 6) Mexican Considers Producing in Texas San Antonio, Tex., Jan. 19. — J. U. Calderon, head of Aztec Distributing Co., Mexican distributor, has con- ferred here with Mayor Maury Mave- rick on the possibility of producing Mexican films in this city. Calderon was introduced to the Mayor by prominent local citizens and Mayor Maverick pointed out to the Mexican film executive the advant- ages of San Antonio as a site for production. Calderon conferred also with a number of leading San An- tonio citizens and visited a number of local sites. Mexican production has been facing increasing difficulties during the past several years, handicapped chiefly by labor problems, the lack of Govern- ment aid, and insufficient working capital. Jenkins' Decree Talk Schedule Set Felix A. Jenkins, 20th Century-Fox general counsel, next weekend will leave the Coast, where he is confer- ring with company executives, for a series of consent decree discussions at the company's branches. Jenkins has prepared a handbook on the decree, designed for the sales force. He plans to visit all branches in the United States and Canada. Tentative (Continued on page 6) Judging List Large For Quigley Awards A record number of execu- tives are expected to partici- pate in the judging for the Quigley Grand Awards, spon- sored by the Managers' Round Table of Motion Picture Her- ald, to be held at the Hotel Astor on Jan. 28. Following the judging in this seventh annual exploitation competi- tion, Martin Quigley will be host at a luncheon for the judging committee and guests. Industry leaders will speak at the luncheon. 4Time' Release Set Despite Wheeler The March of Time will release its latest issue, "Uncle Sam — The Non- Belligerent," in the form in which it was completed, despite a demand for deletions made by Senator Burton K. Wheeler, March of Time announced over the weekend. Resuming his attacks against alleged war propaganda on the screen, Wheel- er telegraphed Louis de Rochemont, editor of the March of Time, demand- ing that his picture and statements be deleted from the reel. Wheeler, who saw the film late last week, charged de Rochemont with bad faith, explaining that he had under- stood his statements would be used equally with those of President Roose- velt or his supporters, "and not just one sentence." In his reply to Senator Wheeler, de (Continued on page 6) Five international short wave sta- tions operated by NBC, General Elec- tric and Westinghouse will be hooked up into a single network today for the broadcast of President Roosevelt's in- augural address. The agreement was effected Friday by John F. Royal, NBC vice-president in charge of inter- national relations. NBC's rebroadcasting agreements with stations in Central and South America assure that at least 50 sta- tions between Havana and Buenos Aires will pick up the program and rebroadcast it either in Spanish or Portuguese, Royal said. Each of the five stations will concen- trate on a special audience. The Westinghouse station in Boston with (Continued on page 8) Nazis Reorganize Trade in Holland; Dominate Market By PHILIP DE SCHAAP Amsterdam, Jan. 19. — The Dutch film trade has been virtually reorganized since the Nazi occupation, with a num- ber of changes in the Dutch Bioscoop Bond, trade organization, changes in theatre management, and the like. German interests dominate. All American product, which up to May 10 last accounted for more than 60 per cent of the product in Holland, and all French and English films have been prohibited by the Nazi authori- ties. This includes newsreels. Only Columbia, represented by Loet C. Barnstijns Filmdistributie, and RKO have been permitted to release short subjects, but RKO films are fast disappearing from the market. Ufa and Tobis, the German compa- nies, now dominate this market. They are the only companies releasing new product. Several independents offer old German films, and Profilti, Dutch newsreel company, supplies some short product and newsreels. Shipment of films has been seri- ously restricted by the lack of gas and oil. Ufa and Tobis have taken over many of the country's leading theatres, and gained control over con- siderable circuit operation, from the Dutch owners. Theatre business is far below average, chiefly because few people venture from their homes at night. Double bills are no longer per- mitted. The prohibition on American, English and French product has re- sulted in the closing of about 27 offices. Agencies Exempted In Labor Measure Albany, Jan. 19. — Theatrical em- ployment agencies and theatrical and radio booking offices are specifically exempted from provisions of a bill introduced in the legislature on Fri- day by Assemblyman Ralph Schwartz which amends labor and business laws to regulate fee-charging employment agencies. Details of proposed legislation to tax chain stores are being worked out for early introduction. Former meas- ures of the kind have included theatre circuits but these may be exempted in the forthcoming legislation, it is un- derstood. Impartial TEN CENTS BMI Courting Exhibitors in Ascap Battle Kuykendall Voices His Support of Radio Broadcast Music, Inc., is courting exhibitor support in its campaign against Ascap, it was learned over the weekend. Ed Kuykendall, M.P. T.O.A. president, while asserting that the national exhibitor organiza- tion had not "been invited to par- ticipate in the radio-Ascap fight," added that "we naturally wish radio well in its efforts to defeat a monop- oly." It was learned that BMI has endeavored to obtain some ex- pression from Kuykendall con- cerning exhibitors' views on the broadcasters' "war" with Ascap, particularly since an M.P .T.O.A. bulletin several weeks ago which said that while exhibitors are not directly involved in the fight it may have results which will affect them. In addition, the National Associa- tion of Broadcasters has prepared re- prints of a letter, sent to Newsweek by A. B. Harris of the Echo Theatre, Encampment, Wyo., attacking Ascap's music tax on theatres, and is mailing (Continued on page 8) RKO Starts 'Smith' Previews in Buffalo First preview of RKO's "Mr. and Mrs. Smith" was at the Century in Buffalo Friday night, with local ex- hibitors and newspapermen as guests. The film was screened in addition to the regular show. Similar previews have been set for all exchange cities beginning today and ending Jan. 28. RKO district and branch managers will be hosts at the screenings. Gus Schaefer, Northeastern district manager ; Elmer Lux, branch mana- ger ; Terry Turner, head of the field exploitation staff, and Harry Reiners and George Degnon, field representa- tives, attended the Buffalo showing. Reviewed Today Reviews of "High Sierra," "Trail of the Silver Spurs" and "Night of the Mayas" will be found on Page 7. Short Subject Reviews are on Page 6. Shorts Wave Hookup Set For Inaugural Address V 2 Motion Picture Daily Monday, January 20, 1941 Seeks Child Ban In School Hours Cincinnati, Jan. 19. — The Cincinnati Parent - Teachers Association has urged Mayor James G. Stewart to prepare an ordinance for the City Council to prohibit attend- ance of school children at theatres during school hours. It is expected that such a measure will be introduced in the Council shortly. Gilbert Miller Joins Lester Cowan in Unit Gilbert Miller, play producer, and Lester Cowan, have joined in an arrangement to co-produce a film, "Ladies in Retirement," from the play of the same name which Miller pre- sented on Broadway early this year and is now on the road. The film will be released by Columbia. The trans- action was handled by Attorney Wil- liam Jaffe, of the law firm of Rosen- blatt & Jaffe. The play opened on Broadway on March 26, 1940, and closed in mid- summer. Flora Robson and Estelle Windward held leading roles. Others in the cast were Evelyn Ankers, Iso- bel Elsom, Patrick O' Moore, Jessina Newcombe and Florence Edney. Ro- sana Feaborn has the road company part filled in the Broadway presenta- tion by Miss Ankers. Phillips Resuming Decree Trip Soon Louis Phillips, Paramount home office attorney, returned to Chicago last night after several days in New York. He will represent Paramount in the trial of a plagiarism suit in in Chicago this week and then will resume his tour of Paramount ex- changes in the Midwest and Far West to instruct the sales staffs in consent decree regulations. Phillips has already visited the Mil- waukee, Kansas City, St. Louis and Indianapolis exchanges. He will hold an exchange meeting while in Chica- go this week and then visit the Oma- ha, Des Moines and Minneapolis ex- changes. After appearing for Para- mount in the La Crosse, Wis., anti- trust suit trial at Madison on Feb. 17, he will tour Paramount exchanges in the Far West. 20th-Fox Meeting Held in Chicago Chicago, Jan. 19. — A Central di- vision sales meeting of 20th Century- Fox was held here Thursday and Fri- day at the exchange. William C. Geh- ring, Central division manager, pre- sided and discussed current season's sales progress. Attending were M. A. Levy, Minneapolis district manager ; and branch managers Clyde Eckhardt, Chicago ; Lester Sturm, Detroit ; George T. Landis, Indianapolis, and Jack Lorentz, Milwaukee ; and Ted A. Shaw, assistant to Gehring at the home office. Langton Leaves Para. Hollywood, Jan. 19. — Francis Lang- ton, head of the Paramount writers' department, resigned over the week- end. He was with the company nine vears. Personal Mention DAVID LOEW, United Artists producer, who is in New York, has recovered from an attack of the flu. • Alexander Korda, who was sched- uled to leave for the coast Saturday, postponed his departure because of illness. • Charles E. McCarthy, director of advertising and publicity for 20th Cen- tury-Fox, is due today from studio conferences. • T. R. Thompson has returned to Kansas City, where he is RKO branch manager, after a New York visit. • H. M. Richey, assistant to Wil- liam F. Rodgers, general sales man- ager of M-G-M, addressed Des Moines film groups late last week en route to the Coast. • Ted Schlanger and Jay Emanuel have been named associate chairmen for the film industry in the United Charities campaign in Philadelphia. • Barney Pitkin, RKO manager in New Haven, and Mrs. Pitkin are vacationing in Florida. Earl Wright, 20th Century-Fox salesman in New Haven, has returned from a fishing trip to St. Petersburg, Fla. • Lee Shubert is at Miami Beach. HARRY COHN, president of Co- lumbia Pictures, is expected in New York in about two weeks. • Charles S. Chaplin, recently ap- pointed U. A. branch manager in Montreal, was given a farewell dinner recently in St. John, N. B., where he formerly was manager. • F. R. Moran, Republic manager in Des Moines, is confined to his home with the flu. A. A. Fowler, exhibitor in Doug- lasville, Ga., is attending the legisla- ture at Atlanta as a State Senator. • Leo F. Wolcott, operator of the New Grand, Des Moines, has been nominated by the American Legion there for the community service award. • Thelma Gayer of the Indianapolis 20th Century-Fox exchange has been married to Murray Patterson. • J. Dennis Welsh of Movietone News in Philadelphia spoke on news- reel work at meeting of the Council of Jewish Juniors there. • George Lofink, formerly with Uni- versal in Des Moines, was married re- cently to Charlene R. Clark. • Robert Riskin arrives here from the Coast today for conferences at the Warner home office. Oscar Levant has left for the coast. 100 at Banquet to Schlank in Chicago Chicago, Jan. 19. — More than 100 film men and exhibitors attended a banquet at the Congress Hotel here Friday night honoring Irving Schlank, United Artists branch manager, who has been promoted to district man- ager. Jack Kirsch, president of Al- lied of Illinois, presented him a dia- mond wrist watch on behalf of those present. Schlank is district manager for Chicago, Milwaukee and Minne- apolis. 'Western Union* Set For Roxy on Jan. 31 World premiere of "Western Un- ion," 20th Century-Fox film, is sched- uled for the Roxy on Broadway Jan. 31. Pre-release engagements in ma- jor cities will be set after the "West- ern Union" broadcast on the Kate Smith Hour on CBS the evening of the New York opening. The broad- cast will originate in Washington, featuring several 20th Century-Fox players who will be in the capital to attend the President's birthday ball. Banford Recovering Chicago, Jan. 19. — W. E. Banford, M-G-M head here, who is ill at St. Luke's Hospital, is expected to leave the hospital in about a week. He un- derwent blood transfusions. Powell's Father Dies Hollywood, Jan. 19. — Horatio W. Powell, 75, father and business man- ager of William Powell, died over the weekend. Pennsylvania Allied Reelects Samuelson Philadelphia, Jan. 19. — Sidney Samuelson was reelected business manager of Eastern Pennsylvania Al- lied at a meeting of the board of gov- ernors of the organization here Fri- day. Other officers reelected are : E. E. Gregory, secretary ; Ben Fertel. treas- urer, and Sally Fisher, assistant sec- retary. Joseph Conway was named na- tional director for the organization with David Milgram as alternate. Ap- pointed to the finance committee were Harry Chercoff, Milton Rogasner, Charles Stiefel, Conway and Milgram, with Gregory and Fertel ex-officio members. Hartwig Rites Held Funeral services were held yester- day at the Campbell Funeral Parlors for Walter Hartwig, outstanding con- tributor to the "little theatre" move- ment, who died Friday at Doctors Hospital at the age of 61. He was an associate of David Belasco and Daniel Frohman. Alfred Boyden Dead Worcester, Mass., Jan. 19 — Alfred E. Boyden, 72, assistant manager of the Plaza and the former Grand when they were operated by the late S. Z. Poli, died here last week. Mrs. Anna McGrath Dies Scranton, Pa., Jan. 19. — Mr. Anna McGrath, who was employed by Comerford Theatres, Inc., for 23 years, died at her home here recently after a brief illness. India Producing 400 Films Yearly Montreal, Jan. 19. — India has a producing industry which is turning out at least 400 double length features each year, and is developing many players, according to Michael Gordon, art director and producer of Bombay, and a recent visitor to Montreal. "Indians like long pictures," he said. "They like them to take three to three and a half hours in showing." Pro- duction costs of Indian pictures re- main extraordinarily low according to U. S. standards. "A star, under con- tract to work on a feature picture for three months, can live like a princess on $1,400 as her pay for the period," Gordon said. A 12 to 14-reel picture with 10 prints will cost between $50,- 000 and $100,000 complete. "There are about 16 first rate com- panies in India," said Gordon. "Most of them produce pictures only in Hin- dustani, for that is the language of about 200,000,000 of India's popula- tion, and many of the others under- stand it too." Philadelphia Club Committees Named Philadelphia, Jan. 19. — Dr. Leon Levy, chief barker of the local Va- riety Club, has appointed the follow- ing standing committees for the new year : Motion Pictures — Ted Schlan- ger, Robert Lynch, George Schwartz ; Cards — Ben Fertel, Maxwell Gillis, Leo Posel ; Entertainment — Harry Biben, Stanley Broza, Oscar Neufeld, Lawrence Shubert ; Membership — William J. Clark, Earle W. Sweigert, William MacAvoy, Sam Gross ; Rules and Resolutions — Al Cohen, Harrv Ball. Convention — Earle W. Sweigert, Frank Elliott, George F. Weilland, Frank Gravat, Emanuel Munzer, Mort Lewis, Jay Emanuel, Ben Fer- tel, Myer Adelman, Sam Stiefel, Jack Greenberg ; Charity — Charles Gold- fine, Martin D. Ellis, Harry Wiener, Myer Adelman, Irwin Charlap ; Wel- fare— Sidney E. Samuelson, Melvin Fox, Elmer Wilschke ; House — Henry Friedman, Oscar Neufeld, William MacAvoy, Dave Supowitz, Leo Beresin ; Luncheon — Al Davis, Sam Gross, Roger W. Clipp, Jack Kraker, Jack Greenberg. MOTION PICTURE DAILY {Registered U. S. Patent Office) Published daily except Saturday, Sunday and holidays by Quigley Publishing Company. Inc., 1270 Sixth Avenue, Rockefeller Center. New York City. Telephone Circle 7-3100. Cable address, ' Quigpubco, New York." Mar- tin Quigley, Editor-in-Chief and Publisher: Colvin Brown, Vice-President and General Manager; Watterson R. Rothacker. Vice- President; Sam Shain, Editor; Alfred U Finestone, Managing Editor; James A. Cron, Advertising Manager ", Chicago Bureau. 624 South Michigan Avenue, C. B. O'Neill. Manager; Hollywood Bureau, Postal Union Life Building, William R. Weaver, Editor; London Bureau, 4 Golden Square, London Wl, Hope Williams, Manager, cable address ''Quigpubco, London." All contents copy- righted 1941 by Quigley Publishing Com- pany, Inc. Other Quigley publications: Motion Picture Herald, Better Theatres, International Motion Picture Almanac and Fame. Entered as second class matter, Sept. 23, 1938, at the post office at New York. N. Y., under the act of March 3. 1879. Subscription rates per year $6 in the Americas and $12 foreign. Single copies 10c 00-0-H, THEY LOVE IT! The 'Honeymoon' started this week at Warner, Memphis — and is it wonderful! ANN SHERIDAN GEORGE is ' BRENT Make Kisstory in IMHEfflO (M MR CHARLIE RUGGLES - OSA MASSEN • JANE WILLIAM T. ORR-LEE PATRICK • Directed by LLOYD BACON Screen Ploy by Earl Baldwin * Additional Dialogue by Julius J. and Philip G. Epstein • From the Play by Allan Scott and George Height ,,t ***** -^UV*"3 -tel. i»»ofl 1 -sat eCLl Bud Lou ABBOTT & COSTELLO with LEE BOWMAN ALAN CURTIS JANE FRAZEE • NAT PENDLETON • SAMUEL S. HINDS and The ANDREWS SISTERS With the world's champion jitter-bugs and a bevy of Hollywood's scintillating lovelies JEANNA KELLY • NELL O'DAY • NINA ORLA - KAY LESLIE DOROTHY DARRELL • MARIA MONTEZ • NELLA WALKER Directed by ARTHUR LUBIN 6 Motion Picture Daily Monday, January 20, 1941 Short Subject Reviews Nova Scotia Faces Lack of Operators Halifax, N. S., Jan. 19.— Scarcity of licensed opera- tors threatens the operation of a number of houses in Nova Scotia. Attempts of exhibitors to obtain operators are blocked by the union and the censor board, which, hav- ing jurisdiction over all thea- tre matters, has refused all apprenticeships in the booths. 4 Baltimore Houses To Double Air Prize Baltimore, Jan. 19. — In a local ef- fort to meet the competition of the $1,000 "Pot o' Gold" weekly giveaway, four theatres, the Hampden, Alpa, Westport and Bridge, have taken newspaper ads offering to double the prize if a patron should fail to answer the telephone because of attendance in one of the four houses. "You need not stay home on Thurs- day nights to win the $1,000 or more prize money offered on the radio every Thursday night," the ad reads. "We will double the amount if you are in any of the theatres listed below on Thursday night at the time the tele- phone call is made — and your number is selected." Roy Mack in Soundies Hollywood, Jan. 19.— Roy Mack has been signed as director of the first reel of James Roosevelt's Soundies, to be produced by Sam Coslow's Cameo Productions. 2nd Rcvliloa Sixth Edition EVERY THEATRE NEEDS THE BLUEBOOK! ■ Be prepared for that unex- pected breakdown. Richardson's Bluebook is now supplemented with detailed trouble-shooting charts. It is your assurance of ready reme- dies, quick repairs and better pro- jection. $7.25 POSTPAID QUIGLEY BOOKSHOP ROCKEFELLER CENTER, NEW YORK "Dog in the Orchard" ( Warners) This compelling story by Mary Roberts Rinehart has been converted into an interesting screen drama, skillfully performed and directed. The cast includes Howard da Silya, the farmer who has murdered his wife so that he might continue an affair with another woman, Barbara Pep- per ; Addison Richards, the sheriff whose suspicions are aroused by the howling dog in the orchard, David Bruce and Virginia Sale. Deft camera maneuvering and lighting give the tale added effect. Jean Negul- esco directed the Owen Crump screen- play. Running time, 20 mins. "All's Well" (Fleischer-Paramount) In this color cartoon, Gabby's de- sire to make everybody happy runs into a snarl when he encounters a baby who won't stop crying. After several attempts to amuse the infant, Gabby decides the baby needs a fresh diaper but his efforts to get it on start the complications. Gabby and the baby are genuinely likeable characters. Run- ning time, 7 mins. "The Fighting 69W/2" ( I Varners) This cartoon account of a battle be- tween the red ants and the black ants s funny in spots but on the whole rates as little more than average fare. The war is fought on picnic grounds. Running time, 7 mins. To Enforce Poster Law in New Jersey Trenton, N. J., Jan. 19. — The Out- door Advertising Division of the State Tax Department has served notice that the 10-year-old billboard and poster law will be rigidly enforced. It provides that no outdoor advertising sign may be erected in the state ex- cept on the premises where the busi- ness advertised is carried on, unless a permit is first obtained from the division, which supervises billboard and poster displays and collects the fees imposed by the statute. Failure to comply with the law may result in a fine of $100. Jenkins9 Decree Talk Schedule Set (Continued from page 1) plans call for the first branch meeting in Los Angeles on Saturday, followed by San Francisco next Monday. The following stops now scheduled include : Portland, Ore., Jan. 28; Seattle, Jan. 29 ; Salt Lake City, Denver, Omaha, Feb. 3; Des Moines, Feb. 4; Minne- apolis, Feb. 5 ; Milwaukee, Feb. 6W and Chicago, Feb. 7 and 8. The en- tire trip is expected to take six to seven weeks. Photography Ballots Out Hollywood, Jan. 19. — Nominating ballots for photography awards of the Academy of M. P. Arts & Sciences were received Friday by cinematogra- phy directors who will name 10 black and white and six color films for final consideration. Film editors also re- ceived ballots to nominate 10 editorial achievements for final awards. "March of Time, No. 7" (RKO) Titled "Uncle Sam — the Non- Belligerent," the latest "March of Time" reel is an impassioned plea for all aid to Britain. Although present- ing in brief sequences Senator Bur- ton K. Wheeler, isolationist, and Verne Marshall, chairman of the No Foreign War Committee, the reel takes its cue from a Gallup poll in which it was found that 60 per cent of Americans favored aid to Britain even if it meant war. There are striking shots of France in captivity, actual bombing scenes, the wreckage of London, Hitler in Paris, German artillery and sub- marines. The film carries a powerful message. However, this issue aligns itself much more closely with one side of a controversial subject than is cus- tomary in most of these reels. Run- ning time, 21 mins. "Acrobatic Aces" (Paramount) Outstanding tumbling acts are pre- sented in this Grantland Rice "Sport- light." Beginning with a somersault school for youngsters in Dallas, the reel proceeds to show the amazing ex- ploits of the seven Danwill Brothers and a team of four girls called the Ambassadorettes. The first team does some flips that will interest even those who have seen all types of acrobats. The Ambassadorettes perform in shorts on a tennis court. Running times, 10 mins. W.B. First Quarter Net Is $1,276,316 (Continued from page 1) 815, and provision for Federal income taxes was $460,000. Earned surplus at the end of the quarter was $5,733,- 289. The consolidated balance sheet as of Nov. 30, last, showed $8,452,922 in cash, compared with $7,709,982 on Aug. 31. Inventories amounted to $15,086,910. Total current and work- ing assets were $2)5,651,176. Total as- sets amounted to $166,024,775, of which $8,331,776 is good will. Current liabilities amounted to $15,- 278,969, leaving working capital of $10,372,207. 'Time' Release Set Despite Wheeler (Continued from page 1) Rochemont said : "Your intemperate and reckless charge of war mongering by the March of Time obscures the fact that the principal portion of this picture deals not with the opinions of American political men and statesmen but with the tragic fate of the millions who have come under the tyranny of the Nazis either as a result of appease- ment or as a result of easy conquest." Kallman Leaves Today George Kallman, former RKO manager in Chile, who has changed places with Daniel Greenhouse, for- mer manager in the Philippines, leaves today for the Coast by plane. From the West Coast, Kallman will go by boat to Honolulu and by plane to Manila. Greenhouse already is in Chile. Expect Ohio Bill to Tax Coin Machines Columbus, O., Jan. 19. — The Ohio legislature is expected to receive measures during the current session calling for a tax on coin-operated film devices, and an impost on chance games as conducted by various groups and societies. The inaugural address of Gov. John W. Bricker last week, as he started his second term, made it clear that no new admission taxes will be neces- sary during the current legislative session. Coin Machine Bill in Iowa Des Moines, Jan. 19. — A measure introduced in the Iowa legislature by Leo Hoegh of Charitan would tax coin film machines between $100 and $300 annually. S. A. Films to Get Attention: Whitney Los Angeles, Jan. 19. — Arrange- ments are being made to give wider distribution in the United States to films made in Latin America, John Hay Whitney told the Southern Cali- fornia Inter- American Conference at the University of Southern California here Thursday night. Whitney represents Nelson A. Rockefeller, Coordinator of Commer- cial and Cultural Relations between the American Republics. He told the meeting that the major companies have embarked on advancing Pan-American solidarity by showing South America to North America as it really is. and vice versa Massey to Conduct 'Virginia' Premiere Raymond Massey will be master of ceremonies at the premiere program of "Virginia" at the Paramount on Broadway Jan. 28 for the benefit of the Maple Leaf Fund, Canadian or- ganization for British war relief. Glenn Miller and his orchestra will head the stage show. The premiere program will include Anton Dolin of the Ballet Theatre ; Raoul Jovin. Metropolitan Opera tenor ; Victor Goggin, president of the fund, and Madeleine Carroll, who will speak- to the audience by telephone from the Coast. A press preview will be held Monday afternoon. Floor e Awarded Trip San Antonio, Jan. 19. — R. J. O'Donnell, general manager of the Interstate Circuit, has given John T. Floore, local manager, a trip to the Barney Balaban testimonial banquet in Chicago Jan. 23 as a reward for being co-winner in the Interstate Drive. Mills Forms Exchange Bernard H. Mills, former Repub- lic franchise holder in Upstate New York and Michigan, has formed Equity Film Exchanges, Inc., with branches in New York, Albany and Buffalo. Deanna Durbin to Tour Hollywood, Jan. 19. — Deanna Dur- bin, after visiting Chicago Jan. 26 and following the President's birthday ball in Washington Jan. 30, which she will attend, will visit several cities in the South, returning here Feb. 12. Monday, January 20, 1941 Motion Picture Daily 7 Union Wins Wage Verdict on Appeal Resignation by an exhibitor from the I. T. O. A. of New York prior to the arbitration award increasing wages and granting an extra week's vacation to members of the operators' union, Local 306, last year, did not relieve the exhibitor from paying the increases, according to a ruling of the Appellate Term of the New York Su- preme Court. The decision upheld a lower court judgment and awarded $928 in damages as well as an addi- tional $888 which accrued since the judgment, against Ronsal, Inc. (Rob- ert Saffer), operator of the Euclid, Brooklyn. The defense contended that since it had resigned from the I. T. O. A., it was not bound by the arbitrator's award, but the court ruled that the terms of the basic 10-year contract signed in 1937 controlled. Four simi- lar cases are pending, a union spokes- man said. Wilkes-Barre Union Elects Cusick Again Wilkes-Barre, Pa., Jan. 19— With 400 members voting, Philip Cusick has been reelected president of Local 140 of the American Federation of Musi- cians for his third term. Other officers elected were : Charles E. Tite, recording secretary (reelected) ; Charles E. Williams, financial secre- tary (reelected) ; Robert Knecht, vice-president ; Peter J. Kleinkauf, treasurer; Frank Magalski, business agent; William Christian, Heinie Kleinkauf, Delmar Hufsmith, Joseph Bunyak, executive board. The 40th anniversary concert and banquet will be staged by the Scranton musicians local on Tuesday at Masonic Temple there. Madea Cetta, president, is honorary chairman of the affair. Frank Kelly is chair- man. Picketing Continues At Detroit Theatres Detroit, Jan. 19.— Pickets who have marched in front of leading downtown theatres operated by the United Detroit Theatres since New Year's Eve continue their march in an effort to have the management rec- ognize their union. Pickets were thrown in front of the Adams, an independent house, last week, and in front of the Cinderella and Riveria, two neighborhood houses controlled by the United Detroit management. They are also picketing three of the large downtown United Detroit houses. The Building Ser- vice Employees' Local 79 seeks rec- ognition of its union, a six-day week of 48 hours and a $5 daily wage. Pappa Is Reelected By Wilmington Union Wilmington, Del., Jan. 19. — Frank J. Pappa has been reelected president of Local B-94 of the Central Labor Union here. Albert Williams of the local operators union, was named to the executive board. The union has opened negotiations with film houses here, seeking to in- stitute stage shows twice weekly in local theatres. Representatives of the local unit of the American Federation of Musicians also have joined the dis- cussions. Feature Reviews "High Sierra" ( Warners) Hp HE gangster film of yesteryear, made such a notable part of the * screen's entertainment history through the efforts of the Warners, rises again in "High Sierra." On this occasion the scene is the Cali- fornia mountains. Here is all the melodramatic action of the planning of the crime and its commission, murder and escape, the pursuit by police, and the culminating sequence when the gangster shoots it out with the law, with the inevitable result. The towering, snow-capped Sierra Mountains loom in the background of the action and form the final hiding place of the fleeing gangster, from which he is blasted by an array of heavily armed officers. The picture is entertainment in the best tradition of its earlier predecessors. Once again, too, is the underlying conclusion that "crime does not pay." But in the telling of it, the gangster is given his kindly moments, he is made the victim of treachery, he does kindnesses and reveals an inner nature of soft and yielding humanity, which is at striking variance with the slashing gun and ruthless behavior of the pardoned big-time bandit. Humphrey Bogart brings to the role of the bandit a performance of power, while Ida Lupino, as the girl he meets and loves, and who remains loyal to the end, is at all times convincing. From the novel by W. R. Burnett, John Huston and Burnett have fashioned a screenplay of which melodramatic action is the keynote, while Raoul Walsh, in his direction, has made the most of innumerable opportunities to put punch and excitement into the production. The supporting cast is capable, including Alan Curtis and Arthur Kennedy, who aid in the stickup of a Southern California resort; Joan Leslie as the young crippled farm girl befriended with her grandparents by Bogart, and Barton MacLane as the gang leader who is killed by Bogart in a fight over the stolen jewels. Important to the cast is Zero, small mongrel dog, used to reflect the gangster's more kindly instincts. Here is entertainment with a punch. Running time, 100 minutes. "G"* Charles S. Aaronson Trail of the Silver Spurs" (Monogram) DRODUCT of the George W. Weeks unit, "Trail of the Silver Spurs" *■ is an Earl Snell adaptation of an Elmer Clifton original and a vehicle for Ray Corrigan, John King and Max Terhune. To patrons of westerns, the trio is familiarly known as "The Range Busters." The frequent use of stock material in the production will hardly escape the avid Western fan. On the credit side is the smooth handling of tense moments and the work of the three likeable chaps. I. Stanford Jolley, Dorothy Short and Eddie Dean are among the supporting players. The story has the "Range Busters" as Government marshals un- covering dirty work in a ghost town. Running time, 58 minutes. "G"* "Night of the Mayas" (World Pictures) PRESCRIBED as the "forerunner of a Pan-American screen cycle," this Mexican importation has a unique love story interworked with an intelligent and apparently authentic study of Mayan Indians. The locale is the Yucatan forests in Southern Mexico where the descendants of the Mayans found refuge from an oppressive Spanish conqueror. The film was given a modest production by Francisco de P. Cabrera, who acknowledges the cooperation of the State of Yucatan and the Carnegie Institute. The photography is clear. English titles serve their purpose adequately. Each member of the all-Mexican cast plays his part sincerely. The story is a tragedy which ends with the death of three of the principals involved, a native girl and a white explorer, in love with each other, and the sorceress who fought in vain for the native who also was in love with the girl. Running time, 80 minutes. "G"* *"G" denotes general classification. Mix G. E. Space Buyer Schenectady, N. Y., Jan. 19,-r-D. S. Mix has been appointed newspaper and magazine space buyer for Gen- eral Electric, replacing the late F. R. Davis. Agfa Has New 16mm. Film Agfa Ansco has developed a new "high-resolving sound recording" 16mm. film. The sensitive coating of the film is said to be made by a new process of emulsification. Lynn Riggs Play At Booth Tonight "The Cream in the Well," play by Lynn Riggs, pro- duced by Carly Wharton and Martin Gabel, opens tonight at the Booth Theatre, the cast includes Martha Sleeper, Mary Morris, Leif Erickson, Myron McCormick and Vir- ginia Campbell. Broken Arm Forces Play Postponement Jack Kirkland's production of "Tan- yard Street," originally scheduled to open tomorrow night at the Little, has been postponed to Wednesday. Jock McGraw, actor in the show, suffered a broken arm late last week and additional time is needed to find a replacement. The Gertrude Lawrence play, "Lady in the Dark," is now set to open at the Alvin on Thursday, thus forcing Ben Levinson to open his play, "I. Q.," Friday instead of Thursday in order to avoid a double opening. It will be at the Provincetown Playhouse in Greenwich Village. Three shows closed on Saturday, "The Flying Gerardos" at the Play- house, "Eight O'Clock Tuesday" at the Henry Miller and "Crazy with the Heat" at the 44th Street. Jolson's Show Set To Close on Feb. 1 Al Jolson's "Hold On to Your Hats" is scheduled to leave the Shu- bert Feb. 1, after 157 performances. The grippe, which kept Jolson's show from going on the week before when the star was ill, continues to in- vade Broadway legitimate theatres. Howard Lindsay of "Life With Fath- er ;" Victor Moore of "Louisiana Pur- chase" and Betty Hutton of "Panama Hattie" were ill last week but were able to give performances. Most serious cases reported were those of Gene Kelly, Leila Ernst and Vivienne Segal, preventing them from appearing in "Pal Joey" at the Barry- more. Actors in other shows are also reported ill with the grippe. Epidemic May Shut Some Ohio Houses Columbus, O., Jan. 19. — Present indications point to possible closing of theatres, or, at least, restriction of attendance to adults, in situations which have been more seriously af- fected by the influenza epidemic sweeping Ohio. Although the cases reported to the State Health Department are of mild form, schools in many areas have closed, and others are preparing to do so. No theatre closings have as yet been reported, but health authori- ties in many sections are surveying theatres to determine ventilation fa- cilities. Flu Bars Children Gardner, Mass., Jan. 19. — Follow- ing the lead of theatres in other com- munities, Curtis Morse and William P. Hall, managers of the Orpheum and New Uptown, here, respectively, announced children under 16 would not be admitted during the grippe and influenza epidemic. 8 Motion Picture Daily Monday, January 20, 1941 BMI Courting Exhibitors in Ascap Battle (Continued from page 1) them to exhibitors throughout the country. Ascap officials, commenting on the attempts to interest exhibitors in the broadcasters' rate war, observed that any contribution to BMI's success by exhibitors would be "most short-sight- ed" on their part. "If BMI succeeds," they said, "exhibitors will have two music taxes to pay where they have only one now." Amplifying on M.P.T.O.A.'s posi- tion with respect to Ascap, Kuyken- dall said : "We oppose the unfair ad- vantage which Ascap has over theatres which cannot choose the music that goes into pictures, yet must first pay the producers for that music in film rental and again pay Ascap in the form of a seat tax when the picture is shown. "There should be a law controlling Ascap's present right to levy any charge it chooses against theatres." Noble Takes Over Control of WMCA Edward J. Noble, board chairman of Life Savers Corp., has assumed ac- tive control of Station WMCA, fol- lowing the completion of final details in the transfer of ownership from Donald J. Flamm for $850,000. New station policies and programs will be announced this week. Noble is the sole purchaser of the stock of the Knickerbocker Broad- casting Co., Inc., of which Flamm had been president since 1926. The station was to have changed hands Dec. 31, but after the FCC had authorized the transfer, Flamm asked that the sale be reconsidered. The FCC at that time refused to rescind its authoriza- tion. Louisiana Ban on Ascap Is Nullified Baton- Rouge, La., Jan. 19.— The Louisiana Supreme Court has nulli- fied the state law prohibiting Ascap from collecting fees in the state ex- cept under a stringent licensing sys- tem. The legislation was passed in 1934 at the instigation of Huey Long, political "boss," and had been the sub- ject of a long court fight led by J. Studebaker Lucas, Ascap division manager in New Orleans. Ascap Claims 161 Stations; BMI 667 A total of 161 commercial broad- casting stations have renewed their Ascap licenses, the society has de- clared. These, together with non- commercial stations which receive their licenses free of charge, brought the total "well over 200" it was said. BMI has 667 commercial stations and 18 non-commercial for a total of 685. Bate Arrives Today Fred Bate, head of the NBC London office, will return to New York today by clipper for several weeks of conferences. Off the Antenna BELL Laboratories has prepared a television demonstration for the FCC when it visits New York Friday. The demonstration will be a repetition of that made for members of the Institute of Radio Engineers last week. A program will originate in New York, be transmitted by coaxial cable to Philadelphia and returned to New York by cable. FCC members will have an opportunity to appraise this method of transmitting television images because during part of the demonstration the studio will be hooked up directly with the receiving set. Bell Laboratories has announced the installa- tion of a second experimental coaxial cable between Stevens Point, Wis., and Minneapolis, a distance of about 100 miles. For the present, the cable will be used only for telephone services. • • • Around the Country: Frank Merrifield, CKLW , Windsor-Detroit, engi- neer is the father of a second son . . . Bob Gray, of the KGO-KPO , San Francisco, guest relations staff, has enlisted for active Army service . . . Helen Watts Schrciber, zvho formerly conducted the Prudence Penny column in the New York American, has been signed for a> home economics program over KSO, Des Moines . . . Ray Spencer, formerly with WADC, Akron, O., has joined WCAE, Pittsburgh, as announcer, succeeding Robert Webster zvho resigned to become manager of a nezv station in Dubois, Pa. . . . WFIL, Philadelphia, is preparing a schedule to provide sustaining shozvs for the Quaker State Network . . . John Paul Weber, announced on WIP, Phila- delphia, left yesterday for a year's training at Fort Dix. Despite the complete absence of American films in Italy, the Italian people still prefer Hollywood gossip above any other type of program, according to Napalia Danesi, who broadcasts over NBC's short wave in Italian. Because of the lack of American product, Miss Danesi discon- tinued Hollywood programs several months ago but the letter requests were so great that she resumed the talks during her "Mail Bag" period. Since Italy entered the war last Spring, requests fell off sharply, of course, but they still come in. Most requests are for screen stars' photos. • • • Program News: R. J. Reynolds Tobacco zvill sponsor the Xavicr Cugat- Yvette program over NBC short wave. The program, heard Thursdays at 7:30 P.M. over the Red will be recorded and transmitted to Latin America with Spanish announcements at 9:15 P.M. . . . Uncle Don has started his fourth annual Hollywood talent search among children over WOR . . . "Invitation to Learning" broadcasts over CBS zoM be published in book form by Random House . . . WNYC is aiding the city's noise abatement campaign with a series of spot announcements appealing to motorists . . . For the first time in its 11 years on the air, CBS "School of the Air" will originate out of the country. Tomorrow, it will be heard from Montreal . . . Local business zvas responsible for more than half of the total sales increase during 1940 for KDKA, Pittsburgh, according to W . E. Jackson, sales manager . . . Eight programs zvere renewed and eight nezv contracts signed over WMCA during the past fortnight. • • • Purely Personal: Roger Bower, WOR producer, zvill direct the "Nezv Decade Mardi Gras and Ball" for the President's Birthday Ball celebration . . . Eddie Dunham will produce and Ted Sills zvrite the nezv "Fame aud Fortune" series over NBC-Blue . . . Ted Schneider will replace- Russ Clancy as WHN night manager tonight with Robert Kornheiser taking over Schneider's former duties as assistant day operations manager. Clancy is joining Associated Press . . . Dorothy Claire is replacing Marion Hntton as vocalist on Glenn Miller's CBS Chesterfield scries . . . Bill Stem, sports commentator on NBC-Blue, is writing a series of 12 articles for Click magazine. FCC Rules Broadcasters Must Refrain from Coloring Air News Washington, Jan. 19. — Broadcasters must refrain from coloring or editorializing the news, the FCC ruled Friday in renewing the license of WAAB, Boston. The station was reprimanded for past practices but its promise to refrain from coloring the news in the future was accepted. The commission pointed out that WAAB had, from 1937 through September 28, 1938, supported political candidates in election cam- paigns and taken sides in controversial public issues. "Radio can serve as an instrument of democracy only when de- voted to the communication of information and the exchange of ideas fairly and objectively presented," the FCC said. "A truly free radio cannot be used to advocate the causes of the licensee. It cannot be used to support the candidacies of his friends. It cannot be devoted to the support of principles he hap- pens to regard most favorably. In brief, the broadcaster cannot be an advocate." The FCC said that John Shepard, 3d, president of the Yankee Network, the licensee, had given his pledge that the station would refrain from the practices complained of. The FCC denied an application by the Mayflower Broadcasting Corp. to replace WAAB on the air. FCC Sets Hearings On 2 New Stations Washington, Jan. 19. — The Fed- eral Communications Commission has designated for hearings at a later date the applications of Edward B. Reeder for a new 1,420-kilocycle, 250-watt broadcasting station at Seattle, and the Western Massachusetts Broadcast- ing Co. for a 1,500-kilocycle, 100- watt station at Pittsfield, Mass. Applications received by the com- mission included requests for con- struction permits for two new FM stations and two new regular broad- casting stations. The FM applications were filed by Edwin H. Armstrong, New York, for a transmitter in Alpine, N. J., with a maximum power of 40,000 watts, to operate on 43,100 kilocycles to cover 15,610 square miles with a population of 12,237,173, and by the Municipal Broadcasting System of the City of New York, for a maximum power of 1,000 watts to operate on 46,700 kilocycles to cover 3,889 square miles with a population of 11,550,274. The regular broadcasting applica- tions were filed by James F. Hopkins, Inc., for a 1,560-kilocycle, 1,000-watt station at Ann Arbor, Mich., and A. M. Burton for a 1,380-kilocycle, 1,000- watt station at Nashville, Tenn. Television Studios On Paramount Lot Paramount plans to establish studios and offices for its Hollywood television station on the studio lot, it was re- vealed over the weekend by Edward Buddy, who leaves tomorrow for the coast. Buddy will be general man- ager of the new station when it is completed. All necessary equipment has been ordered, Buddy stated, and several transmitter sites have been surveyed. Location of the transmitter has not been set finally, Buddy said. Tele- vision Productions, a Paramount sub- sidiary, owns the license for the new station. Equipment manufactured by the Allen B. DuMont Laboratories, a Paramount affiliate, will be used. Short-Wave Hookup For Inauguration (Continued from page 1) Italian, German and French will be beamed to Europe, one General Elec- tric station will broadcast in Spanish for Latin America and another to Europe in English, while NBC's two stations will also broadcast in Spanish and Portuguese to Latin America. The Portuguese version will be rebroadcast by a network of Brazilian stations. Five NBC announcers will be on the Capitol steps, speaking in five differ- ent languages. In addition, NBC will transmit the text of the President's speech seven times after he goes off the air. Roosevelt Considers Appointment to FCC Washington, Jan. 19. — President Roosevelt disclosed over the week- end that he would begin consideration this week of an appointment to the FCC to succeed Thad H. Brown. The President did not make his plans known, however. There have been re- ports that a reorganization of the FCC along lines suggested by former Chairman McNinch may be sought. DO J - -1 MOTION PICTURE DAILY First In VOL. 49. NO. 14 NEW YORK, U.S.A., TUESDAY, JANUARY 21, 1941 TEN CENTS Roosevelt's Inauguration Jogs Grosses Flood of Visitors Brings Joyous Box-Office Washington, Jan. 20. — President Franklin D. Roosevelt's third term inauguration brought joy to the the- atres in this city. Film business boom- ed yesterday continuing the tremen- dous box-office surge of the weekend as thousands of tourists and visitors from all over the country flocked here. Good, clear weather conspired in this increase of grosses. Downtown houses were pack- ed before, during and after the inaugural parade. Loew's Palace had a long box-office line throughout the day for "Gone With the Wind." Keith's, the only house directly on the parade route, had to assign guards to assist persons desir- ing to enter the house because (Continued on page 2) U. A. Holds Rowland for Two More Years Hollywood, Jan. 20. — United Artists has taken up options on Richard A. Rowland Prod, and Rowland will pro- duce three pictures for the company during the next two years, as a result. Writers are now working on "Battle of Britain," which will be Rowland's next. Interstate Wins Final Trust Suit Dallas, Jan. 20. — Interstate Cir- cuit today won an instructed verdict in a jury trial of the $25,000 anti- trust suit brought against it by R. Z. Glass of Houston, in U. S. Dis- trict court here. Federal Judge William H. Atwell ruled that Glass's damages were so uncertain and speculative that there :ould be no recovery and that, since Glass had not complied with the 25- ;ent minimum admission requirement on which he based his suit, he had not been damaged in that respect. Glass and his father were the only witnesses. Following their testimony. Pat Russell, attorney for Glass, (Continued on page 11) Van Schmus Guest At Ampa Thursday W. G. Van Schmus, managing di- 'ector of the Radio City Music Hall, .vill be guest of honor at the luncheon neeting of the Ampa on Thursday in he Sun Room of the Hotel Edison. Van Schmus will speak on the pub- icizing of the world's largest film heatre. 3 Gus Eyssell, assistant to Van Schmus, will discuss the operations >f the theatre. Leon Bamberger, Am- ia president, will preside at the lunch- -on, scheduled for 12 :45. AAA Selects First 16 Local Board Clerks The American Arbitration Associa- tion yesterday designated the first 16 clerks for as many industry arbitra- tion boards and confirmed leases for board headquarters in the lo cities involved. Designation of the remain- ing 15 board clerks and office quar- ters will be made within the next day or two. The A.A.A. will conduct training sessions for the clerks at the New York headquarters of the Association beginning tomorrow. The first 16 will at- tend the sessions which will run through Friday, and the group of 15 clerks to be desig- nated subsequently will attend another three-day training ses- sion here, Jan. 27-29. The first 16 clerks' and arbitration board headquarters are : Dallas, C. (Continued on page 11) CIRCUIT BUYING NOT ALTERED BY DECREE New York, Chicago or Other Big Bases to Retain Importance; Small Town Buying Plans Held Impractical 'Philadelphia' Gets 5th Week at Hall; Broadway Strong Circuit film buying will undergo no change as a result of the operation of the consent decree, representatives of leading national circuits in- dicated yesterday. New York or Chicago or any other chief circuit buying base will continue to be just as important, if not more so, under the decree, as it is now, in the opinion of these trade experts. They aver that any notion that film buying under the decree will be resolved into a strictly small town purchasing system is erroneous and far from a practical viewpoint. Negotiations with distributors will continue to be conducted by the same circuit executives either in New York or in the field, as company policy has prescribed in the past. The .only change in the buying proc- ( Continued on page 11) Still another film has entered the Radio City Music Hall-of-Fame, by earning a run of more than four weeks at that theatre. It is "Philadelphia Story," which has been granted a fifth "week, following a $58,000 per- formance from Thursday of last week to Monday, on the first part of its fourth week. Only two other pictures have attained heights such as this. One is "Rebecca," which holds the all-time record at the theatre, having played six weeks. The other is "Snow White and the Seven Dwarfs," feature cartoon, which played five weeks. The M-G-M picture was easily the topper of Broadway over the week- end, and it is estimated that the pic- (Continued on page 11) Crossley Ratings Show No Loss of Radio's Audience An analysis of the first Crossley ratings prepared by the Cooperative Analysis of Broadcasting since Jan. 1, when Ascap music went off the air revealed yesterday that there was no loss of audiences during the first two weeks of the new year as compared with December, according to the Na- tional Association of Broadcasters. The N.A.B. analysis of the ratings did not list individual programs. In- stead, the average audiences for 175 programs on the four major networks were totaled and compared with those of December. An audience rise of 14 per cent was reported over January, 1940, it was said. Comparing the ratings for the pe- riod ending Dec. 21 with the latest survey ending Jan. 14. the N.A.B. re- ported that the average of all pro- grams was 10.4 for both periods. The average for 72 daytime programs was 6.1 in December and 6.0 in January, and for the 103 night programs, 13.4 for December and the same figure for January. Each figure represents the percentage of all radio homes listen- ing to the programs in 33 key cities. Comparing January, 1941, ratings with those of January, 1940, the N.A.B. reported that evening shows registered gains of 11 per cent and day programs 22 per cent. The aver- age of 72 daytime shows for January, 1940, was 4.9; for 103 evening shows, 12.1, and the. overall average, 9.1. (Continued mi page 10) British Money Pact Reopening Possible Any improvement in Great Brit- ain's foreign exchange condition will make possible the reopening of the industry's monetary agreement with the British treasury and Board of Trade along the lines of more liberal withdrawals of blocked currency from London, it became known yesterday with the release here of official cop- ies of the British monetary agree- ment. One of the conceivable circum- stances which would alter Britain's dollar credit position and could bring- about negotiations under the new agreement for increased withdrawals by the eight major companies of their (Continued on page 11) Illness Keeps Hays From Roosevelt Fete Will H. Hays, M.P.P.D.A. presi- dent, was obliged because of illness to postpone his planned departure for the Coast last night and also was prevented from attending the inau- gural ceremonies and the Roosevelt family dinner at the White House last night. Mrs. Hays was a guest at the din- ner, immediately thereafter returning to New York. They now plan to leave for Hollywood at the end of the week. 2 Motion Picture Daily Tuesday, January 21, 194 Coast Flashes Personal Mention Hollywood, Jan. 20. — First of a series of instructions in sales activ- ities under the consent decree, which will ultimately include every 20th Cen- tury-Fox exchange in the country will start here next week with Felix Jen- kins of the home office legal depart- ment in charge. Other Coast offices will be visited next and the meetings then will shift eastward. Company executives who are here have held only preliminary confer- ences on decree operations thus far but expect to conclude their discus- sions by the end of the week. Cecil B. DeMille today urged ra- dio networks leaders to found an academy of radio arts and sciences similar to the motion picture academy, declaring that "radio needs an academy as much as motion pictures ever did." Annual awards for scripts, adapta- tions, performances and other phases of broadcasting were suggested by the impresario of the Lux Airshow, who added that "today radio relies chiefly upon motion picture players for name attractions despite the fact that it has developed some highly competent talent of its own." BARNEY BALABAN, president of Paramount, left yesterday for Chicago. William Suss.man, Eastern divi- sion manager for 20th Century-Fox ; Jack Sichelman, assistant to Her- man Wobber, and Jack Bloom, con- tract manager at the home office, re- turn to their posts Monday from Miami vacations. • David Rose, Paramount's managing director for England, arrived from the Coast yesterday en route back to London. He will sail for Lisbon Satur- day on the Excambion. • Monroe Greenthal, United Artists advertising and publicity director, will return today from Washington, where he attended the inauguration with Charlie Chaplin. • L. W. Conrow, president of Altec, is back at his desk after a two-week tour of the Midwest. • James R. Grainger, president of Republic, left yesterday for Detroit and Buffalo. He will return on Fri- day. HERMAN WOBBER, general manager of distribution for 20th Century-Fox, will return to the home ©ffice next Monday after a stay on the Coast. • Lillian Yost, secretary to Edward Hollandbr, ad sales manager at the 20th Century-Fox home office, is to be married on Sunday to Irving Stock- man. • Alexander Korda and Steve Pal- los left for the Coast by plane last night. • Morris Iushevitz, publicity director for Local 306 of the operators' union, will undergo an operation at Beth Israel Hospital today. • Clifford Fisher, William Morris, Jr., Leonard Goldenson, Bob Weit- man, Sam Shain, Stanton Griffis, Maurice Bergman, Adolph Zukor, Toby Gruen, Charles E. McCarthy, Morris Kinzler, William Orr, Ralph Austrian, Malcolm Kings- burg, Harry Goetz, George Skouras, David Rose and Tom Connors at Nick's Hunting Room in the Astor for lunch yesterday. • Roosevelt's Inauguration Jogs Grosses (Continued from pane 1) of the surging street crowds. The Earle also reported ca- pacity business. The same has ' been true throughout the week- end. Midnight shows were offered by the Warner Earle on Saturday and Sun- day nights, and Loew's Capitol on Sunday night, Warner's Metropolitan1 on both nights, and RKO Keith's had a late show last night. With armored cars and fast tanks headlining the spectacular show, some 750,000 persons watched the inaugural parade, while numerous film stars, ncluding Raymond Massey and Nelson Eddy, occupied seats near the Presi- dent's reviewing stand. The holiday spirit is expected to pre- vail in the city for another 10 days, culminating in the President's birthday celebration on Jan. 30. Newsreel coverage of the inaugura- tion was the most complete and elab- orate ever attempted. From Presi- dent Roosevelt's departure from the White House at 10 :30 a.m. to wor- ship in church until his return to the Executive Mansion five hours later, the newsreels shot upward of 50,000 feet of film. Principal stationary positions were at the East front of the Capitol, where the President was sworn in by Chief Justice Hughes ; at the Treasury Building, looking down historic Penn- sylvania Avenue ; in the "Court of Freedom," near the White House and atop an office building midway be- tween Capitol and White House. The latest equipment was being used, ac- cording to the newsreel men, with ex- tremely long lenses — 12, 17 and 20- inch — being employed for shots at the Capitol. Critics See 'Wind' Again M-G-M screened "Gone With the Wind" for New York critics at a special anniversary party in Loew'^ projection room last night. In addi- tion to seeing the film the critics were shown the screen tests which won her role for Vivien Leigh. MOTION PICTURE DAILY (Registered V. S. Patent Office) Published daily except Saturday, Sunday and holidays by Quigley Publishing Company, Inc., 1270 Sixth Avenue, Rockefeller Center, New York City. Telephone Circle 7-3100. Cable address, "Quigpubco, New York." Mar- tin Quigley, Editor-in-Chief and Publisher; Colvin Brown, Vice-President and General Manager; Watterson R. Rothacker Vice- President; Sam Shain, Editor; Alfred L. Finestone, Managing Editor; James A. Cron, Advertising Manager; Chicago Bureau. 624 South Michigan Avenue, C. B. O'Neill. Manager; Hollywood Bureau, Postal Union Life Building, William R. Weaver, Editor; London Bureau, 4 Golden Square, London Wl, Hope Williams, Manager, cable address "Quigpubco, London." All contents copy- righted 1941 by Quigley Publishing Com pany, Inc. Other Quigley publications: Motion Picture Herald, Better Theatres, International Motion Picture Almanac and Fame. Entered as second class matter, Sept. 23, 1938, at the post office at New York. N. Y., under the act of March 3. 1879. Subscription rates per year $6 in the Americas and $12 foreign. Single copiei 10c. Y. Frank Freeman, A. M. Botsford and Harry Sherman left over the weekend to attend the testimonial din- ner for Barney Balaban in Chicago, Thursday. Nate J. Blumberg, Universal presi- dent, will leave for New York by train Tuesday after several weeks of studio conferences. John Joseph, pub- licity and advertising director, will arrive in New York Wednesday. To Meet on English Theatre Relief Soon London, Jan. 20. — The first meeting of the joint committee representing the Cinematograph Exhibitors Association and the Kinematograph Renters So ciety, empowered to determine war relief measures for exhibitors, will be held in the near future. A K.R.S. meeting tomorrow is ex pected to act upon a meeting date suggested by the C.E.A. On Jan. 28 the London and Home Counties Branch of the C.E.A. will hold its annual ses sion, when the war relief situation is to be discussed. Examination Ordered N. Y. Supreme Court Justice Ed ward B. McLaughlin yesterday order ed Herbert C. Brewer, president of the Chilean Nitrate Educational Bureau Inc., and E. J. Rosenberg, of Trans- American Broadcasting and Television Corp. to testify before trial on Feb. 17 in the Chilean suit to restrain Grom- bach Products, Inc., from allegedly in- terfering with the radio program, "Uncle Natchel." 20th-Fox Crew to Miami Miami Beach, Jan. 20. — An ad vance crew of cameramen, location ex perts, writers and directors will ar rive here late this month to shoot scenes in and about Miami and Miami Beach for the 20th Century-Fox pic- ture "Miami." Clayton Bond, Brock Pemberton, Al Altman, John D. Hertz, Jr., Arthur Loew, John Golden, I. E. Lopert, Joseph Fields Jerome Cho- dorov and Georgie Hale at Sardi's yesterday for lunch. • Robert Riskin arrived yesterday from the Coast for conferences at the Warner home office. • Leon Schlesinger, cartoon pro- ducer for Warner release, is here for home office conferences. • Joseph Bernhard, general man- ager of Warner Theatres, has re- turned from conferences at the Coast studio. Louis Bernstein, B. S. Moss, Arthur Gottlieb and Jack Goetz having lunch yesterday at Lindy's (51st St.). • Charles Paine, Hortense Shorr, William B. Clemens, lunching yes- terday at the Tavern. • Harry Buckley, Edward Peskay, Lou Weinberg and Rube Jackter lunching yesterday at Lindy's (next to the Rivoli). • J. Walter Ruben, M-G-M pro- ducer ; his wife, Virginia Bruce, and their daughter, Susan, have returned to the Coast after a two-week vaca- tion here. 6 Rochester Houses Sign Union Contract Rochester, Jan. 20. — More than 200 workers in six downtown theatres have been signed by Local B90 of the I.A.T.S.E. Union and are now cov- ered by new labor contracts providing wage raises and a 40-hour week. The contract includes Loew's Ro- chester, RKO Palace, Capitol, Regent, Century and RKO Temple, largest downtown houses. The Rochester Palace and Century are first runs. The wage raises range from five to 23 r>er cent and standard working con- ditions are established under the con- tract. Epidemic of Flu Hits Theatres in Atlanta Atlanta, Tan. 20. — Due to an epi- demic of influenza in Atlanta, thea- tre attendance in the city for the past week has been as much as 50 per cent off. All theatres have renorted a big 'Irop in attendance and school authori- ties have warned parents to keen children out of theatres. Health offi- cials think the peak has been reached. Rainv weather did further damage at the box-office. Build New Canadian Houses Despite War Toronto, Jan. 20. — Theatre con- struction in eastern Canada continues despite the increasing difficulty of se- curing steel and other building mater- ials because of the war. A group of backers has been organized to erect a theatre in Westboro, Ont., to seat 500 persons at a cost of $45,000. Construction of a new theatre at Kingston, Ont., has been started by Biltmore Theatres Ltd., Toronto, which erected the Biltmore at Oshawa some months ago. According to Presi- dent B. Axler, the Kingston house will accommodate 750. Kingston is busy because of war industries and the presence of a large garrison of troops in training for active service. Rogers in Toronto Toronto, Jan. 20. — Following the death in New York while on a busi- ness trip of B. W. Silver, president of Colonial Pictures, Ltd., Toronto, Budd Rogers, general manager of Al- liance Films Corp., is here from New York to study plans for continued op- eration of the Canadian distributing firm, which had the franchise for a group of Alliance productions. ...OPENS AT ROXY,N.Y., JAN. 23rd watch it walk a way with all the busi- ness on Broadway! 4 Motion Picture Daily Tuesday, January 21, 1941 Los Angeles Gives 'Foyle' Big $29,300 Los Angeles, Jan. 20. — "Kitty Foyle" and "Six Lessons from Ma- dame La Zonga" were strong here, with a total of $29,300 at two houses, $14,500 at the Hillstreet and $14,800 at the Pantages. Estimated takings for the week end- ing Jan. 15 : "Chad Hanna" (20th-Fox) "Romance of the Rio Grande" (ZOth-Fox) CHINESE— (2,500) (33c-44c-55c-75c) 7 days. Gross: $9,300. (Average: $12,500) "Flight from Destiny" (W. B.) 4 STAR — (900) (44c-55c) 7 days, 3rd week. Gross: $2,800. (Average, $3,250) "Kitty Foyle" (RKO) "Six Lessons from Madame La Zonga" (Univ.) HILLSTREET— (2.700) (33c-44c-55c-75c) 7 days. Gross: $14,500. (Average, $6,500) "Chad Hanna" (2flth-Fox) "Romance of the Rio Grande" (20th-Fox) LOEWiS STATE— (2.500) (33c-44c-S5c-75c) 7 days. 'Gross: $12,300. (Average. $14,000) "Kitty Foyle" (RKO) "Six Lessons from Madame La Zonga" (Univ.) PANTAGES — (3,000) (33c -44c -5 5c -75c) 7 days. Gross: $14,800. (Average, $7,000) "Love Thy Neighbor" (Para.) PARAMOUNT — (3,595) (44c-55c-75c) 7 days, 2nd week. Stage: Peter Lind Hayes & Fanchonetts-Rube Wolf Orchestra. Gross: $16,C0O. (Average, $18,000) "Santa Fe Trail" (W. B.) WARNER BROS. (HOLLYWOOD) — (3,000) (33c-44c-55c-75c) 7 days, 2nd week. Gross: $9,900. (Average, $14,000) "Santa Fe Trail" (W. B.) WARNER BROS. (DOWNTOWN) — (3.400) (33c-44c-55c-75c) 7 days, 2nd week. Gross: $11,600. (Average, $12,000) 'Letter' Good for $13,000 in Toronto Toronto, Jan. 20. — "The Letter" at the Uptown drew $13,000, while "Bitter Sweet" gained $11,000 at Loew's. Estimated takings for the week end- ing Jan. 18: "Arizona" (Col.) IMPERIAL— (3,373) (15c-25c-35c-50c-75c) 6 days. Stage: "Memoirs in Music", one night engagement. Gross: $10,000. (Aver- age, $9,000) "Bitter Sweet" (M-G-M) LOEW'S— (2,074) (15c-25c-35c-50c-65c) 6 days. Gross: $11,000. (Average, $9,000) "East of the River" (W. B.) "She Couldn't Say No" (W. B.) SHEA'S— (2,663) (15c-25c-40c-50c) 6 Gross: $7,000. (Average, $7,500) "A Dispatch from Reuters" (W. B.) "One Night in the Tropics" (Univ.) TIVOLI — (1,434) (15c-25c-40c) 6 Gross: $4,000. (Average, $3,900) "The Letter" (W. B.) UPTOWN— (2,761) (15c-25c-35c-50c-75c) 6 days. Gross: $13,000. (Average, $9,000) days. days. 'Chorus* Captures $6,000 in Montreal Montreal, Jan. 20. — "Second Cho- rus" and "Jennie" took $6,000 at the Capitol. "Santa Fe Trail" garnered $8,000 in its first week at Loew's. Estimated takings for the week end- ing Jan. 16 : "Santa Fe Trail" (W. B.) PALACE — (2,200) (25c-45c-65c) 7 days. Gross: $8,000. (Average. $7,000) "The Thief of Bagdad" (U. A.) ORPHEUM— (1,000) (30c-43c) 7 days, 3rd week. Gross: $3,400. (Average, $4,000) "Bitter Sweet" (M-G-M) LOEW'S— (2,900) (30c-40c-60c) 7 days, 2nd week. Gross: $4,000. (Average, $7,000) "Second Chorus" (Para.) "Jennie" (20th-Fox) CAPITOL — (2,800) (25c-45c-55c) 7 days. Gross: $6,000. (Average. $4,000) "Tugboat Annie Sails Again" (W.B.) "The Return of Dr. X" (W.B.) PRINCESS— (2.200) (25c-40c-50c) 7 days. Gross: $2,500. (Average, $2,500) Hollywood Reviews "Mr. and Mrs. Smith" (RKO) Hollywood, Jan. 20 AROLE LOMBARD and Robert Montgomery, veterans in the field ^ of what Hollywood calls "screwball comedy," have in this treat- ment of domesticity in the rough many an opportunity for display of their talents. Gene Raymond, his blond hair now brunette, has the role of next importance, with Jack Carson, Philip Merivale, Lucile Watson, William Tracy, Emma Dunn, Betty Compson and others in support. A departure for Alfred Hitchcock, who directed for Executive Pro- ducer Harry E. Edington, the film is from a story and screenplay by Norman Krasna. It is of the school of humor which most people date from "It Happened One Night" and deals with urges, impulses and associations of ideas which parents like to believe their children will not be knowing much about for a few years yet. The man and wife of the story, Montgomery and Miss Lombard, wind up a bedroom argument of three days' duration in the opening sequence and separate on slightly strained terms, he to go to his office, after he states, in answer to her question, that if he had it to do over again he wouldn't marry. That day he learns that, due to a technicality involving a boundary line, their three-year-old marriage is not legal. Unaware that she has also learned of this, he invites her out to dinner, intent on duplicating their original wooing preliminary to duplicating their wedding, this time legally, but it doesn't come off happily and he forgets to mention the matter of illegality until, as they are on point of retiring, she throws his clothes out of the apartment and sends him after them. Next day he tries to persuade her to marry him but she declares she never will. On the contrary, she goes out with his law partner, Raymond, ultimately becoming engaged to him, the distraught Mont- gomery persisting, throughout a series of complicated situations, in his efforts to win her back. At midpoint in the picture some dialogue between the law partners sets up the point that by reason of their three- year association Montgomery and Miss Lombard are man and wife by common law. Raymond and Lombard continue their plans to wed, however, until the final sequence, in which, after she has faked a raptur- ous interlude with Raymond within hearing but not sight of Mont- gomery, the latter breaks in upon her and, to her expressively indicated satisfaction, prepares to resume the marital relationship which, save by the common law definition, is still as illegal at the close of the picture as at the start of it. Shown to press and profession at the Four Star theatre on a midweek afternoon, the picture drew much laughter at many points in its unreel- ing and left the audience a trifle suspended when it closed on a note of passion without having legalized the situation. Running time, 90 minutes. "A."* Roscoe Williams *"A" denotes adult classification. "Tall, Dark and Handsome" (20th Century-Fox) A GANGSTER story treated throughout in light vein, but not with- out action and suspense, "Tall, Dark and Handsome" refers to its main character, the kind-hearted underworld ruler, portrayed by Cesar Romero. As a big shot in the Chicago of the late 1920's, Romero poses as a banker, hires Virginia Gilmore to act as governess to his non-existent children. He unearths a tough descendant of a dead gangster, poses him as his son, the boy being played to perfection by young Stanley Clements. Although his ruse is discovered, the gangster and the governess fall in love, eventually flee town together. Charlotte Greenwood is seen as a night club entertainer, Milton Berle as the fast-talking right hand man of the gangster, instrumental in exposing his secret of hiding alleged victims safely in a jail in his own house. This leads to a declaration of- war by the leader of the town's other gang, Sheldon Leonard, who also wants to share Miss Gilmore's affections. The original screenplay was written by Karl Tunberg and Darrell Ware, directed by H. Bruce Humberstone, with Fred Kohlmar acting as associate producer. Leo Robin and Ralph Rainger contributed three songs, one of which is sung by Miss Greenwood, the others by Miss Gilmore. The performances throughout are on a plane with the pace set by the story, with Romero equally at ease as the overdressed and swaggering caricature of an underworld ruler and as the romantic leading man. Running time, 78 minutes. "G."* W.S. 'Santa Fe' at $46,000 Best Chicago Draw Chicago, Jan. 20. — "Santa Fe Trail" plus the Ink Spots heading a stage show at the Chicago drew $46,000. "Kittv Foyle" and "Saint at| Palm Springs" took $20,000 in the" third week at the Palace. Estimated takings for the week end- ing Jan. 17: "Lcve Thy Neighbor" (Para.) APOLLO— (1,400) (35c-55c-75c) 7 days. Gross: $5,500. (Average, $6,500) "Santa Fe Trail" (W. B.) CHICAGO— (4.000) (35c-55c-75c) Stage: Ink Spots & Variety Show. $46,000. (Average, $32,000) "Bitter Sweet" (M-G-M) GARRICK— (1.000) (35c-55c-75c) 7 davs. 2nd week. Gross: $5,000. (Average: $5.000 1 "Behind the News" (Rep.) ORIENTAL — (3.200) (25c-40c) 7 davs. Stage: A. B. Marcus Revue. Gross: $18,000. (Average. $13,000) "Kitty Foyle" (RKO) "Saint at Palm Springs" (RKO) PALACE— (2,500) (35c-40c-60c) 7 days. 3rd week. Gross: $20,000. (Average, $13,000) "Thief of Bagdad" (U. A.) (4 days) "Chad Hanna" (20th-Fox) (3 days) ROOSEVELT— (1.500) (35c-55c-75c) 7 days. Gross: $11,000. (Average. $11,000) "Here Comes the Navy" (W. B.) STATE- LAKE— (3,700) (25c-40c) Stage: Gray Gordon Orchestra. $20,000. (Average, $15,000) "Comrade X" (M-G-M) UNITED ARTISTS— (1,700) (35c-55c-75c) 7 days. 2nd week. Gross: $9,000. (Average. $14,000) 7 days. Gross: ' days. Gross: "G" denotes general classification. 'Company/ Revue $16,500, Cincinnati Cincinnati, Jan. 20. — "Keeping Company" on the screen, plus a Sally Rand revue, brought SI 6, 500 to the RKO Shubert, and "Kitty Fovle" gave the Albee $15,500. Estimated takings for the week- ending Jan. 15-18 : "Kitty Fcyle" (RKO) RKO ALBEE— (3.300) (33c-40c-50c) 7 davs. Gross: $15,500. (Average, $12,000) "Flight Command" (M-G-M) RKO PALACE — (2,700) (33c-40c-50c) 7 days. Gross: $10,000. (Average, $10,000) "Keeping Company" (M-G-M) RKO SHUBERT— (2,150) (44c-60c) 7 days. Stage: Sallv Rand Revue. Gross: $16,500. (Average, S10.000) "Gone With the Wind" (M-G-M) RKO CAPITOL— (2.000) (50c-55c-60c) 7 days. 3rd week. Gross: $9,600. (Average, at 33c-40c-50c, $5,500) "Comrade X" (M-G-M) RKO GRAND — (1,450) (33c-40c-50c) 7 days. 2nd week. Gross: $4,300. "Son of Monte Cristo" (U.A.) RKO LYRIC— (1,400) (28c-33c-42c) 7 davs. 2nd week. Gross: $2,800. (Average, $4,500) "So You Won't Talk" (Col.) "Trailing Double Trouble" (Mono.) RKO FAMILY— (1.000) (15c-28c) 4 davs. Gross: $1,300. (Average, $1,200) 'Give Us Wings" (Univ.) "Meet the Wildcat" (Univ.) RKO FAMILY— (1.000) (15c-2Sc) 3 days. Gross: $1,000. (Average. $800) "Lcve Thy Neighbor" (Para.) KEITH'S — (1.500) (33c-40c-50c) 7 days. 2nd week. Gross: $4,800. (Average. $6,000) 'Chorus9 at $8,100 Despite Omaha Cold Omaha, Jan. 20— In cold and rainy weather, "Second Chorus" was good for $8,100 at the Orpheum. Estimated takings for the week end- ing Jan. 15-16 : "Kitty Foyle" (RKO) "The Saint at Palm Springs" (RKO) BRANDEIS— (1,200) (30c-40c-44c) 7 davs. 2nd week. Gross: $4,100. (Average, $4,000) "Go West" (MGM) "Gallant Sons" (M-G-M) OMAHA— (2,000) (30c-44c) 7 days. Gross: $6,300. (Average. $6,000) 'Second Chorus" (Para.) 'Murder Over New York" (20th-Fox) ORPHEUM — (3.000) (30c-44c) 7 davs. Gross: $8,100. (Average, $7,200) WHY TALK ABOUT PATRIOTISM WHEN YOU CAN DO SOMETHING ABOUT IT! Mr* Exhibitor, when you play "LAND OF LIBERTY" it's a rare opportunity to score at the box-office and simultaneously in the grateful heart of your community! SEE IT WITH YOUR OWN THRILLED EYES (Ask for a screening at your iVLQ-M Branch! Ask anyone who has seen it!) AND YOU'LL JOIN THE CHEERING CRITICS! (continued above) ASOCKO ENTERTAINMENT say the CRIUCSif "Stunning ... a glowing tribute to the narrative power of the cinema . . . Interesting, informa- tive and entertaining ... A strik- ing dramatization of the nation's history and belongs in every theatre ... A monumental success. — M. P. HERALD "The film is unique . . . extremely well handled by Cecil B. DeMille . . . the cast is enough to knock anyone's both eyes out." —BOX OFFICE "This unique production is in a class by itself... One of the finest achievements of its kind the industry has ever known . . . Fascinating." —FILM DAILY "A magnificent job . . . swiftly moving . . . studded with drama ... in consideration of the pres- ent temper of the people of this country, general world con- ditions and the preoccupation of the nation with matters of freedom and the support of the democratic ideal, this film should find strong popular support at the theatre." — M. P. daily "Truly a 'Cavalcade of America.'..." —VARIETY "Rare indeed are the oppor- tunities of encountering in any medium such vitally absorbing entertainment . . . Amazing entertainment force, capable of holding a rank-and-file audience spellbound through its entire length." —HOLLYWOOD REPORTER REMEMBER! The entire cost of making "Land of Liberty" was donated by the organized industry! (1) Every producer joined in making this timely entertain- ment which dramatizes America and its democratic way of life. (2) All sales profits realized are being donated to war emergency work, (3) All the services of distribution are given free. (4) Exhibitors are asked for rental only. Exceptional opportunities are yours through live -wire showmanship! (5) M-G-M is handling distribution on behalf of the industry. Communicate with your M-G-M Branch. BELOW: Two-fisted showmanship packed Williamsport test run. This is a typical ad. Complete campaign, easily duplicated, available at your M-G-M Branch. 139 FAMED STARS! 200 SPECTACULAR SCENES! 1000 EXPLOSIVE THRILLS! ft 50 big it took the thrill-treasures of 51 mighty Hollywood producers .. .to bring it to youl Adventure! Drama) Romance! A rousing pageant of fight- ing America ... an entertainment unparalleled in screen history! MOTION PICTURE INDUSTRY OF THE UNITED STATES presents I'm proud to be an American and proud to present in my theatre- "Mister American Showman: Here's a truly great and inspiring attraction Get behind it with your heart!" LAND Tuesday, January 21, 1941 Motion Picture Daily 9 20th-Fox Acquires 6 New Story Properties in Week Hollywood, Jan. 20 WENTIETH CENTURY-FOX went on a property buying spree • last week, acquiring the film rights to six properties. It purchased the novel, "Benjamin Blake," by Edison Marshall, to be published by Farrar and Rinehart, and assigned William Perlberg to produce it. lights to "Charlie's Aunt," Brandon Thomas play being revived on Broad- way, were obtained. A hit play of 1935, "Remember the Day," by Phil Higley and Philip Dunning, was the third property ob- tained, and Dunning and Tess Schlesinger will do the script. Linda Darnell might be starred in the film version. Joseph Schrank, one of the authors of the revue "Pins and Needles," sold the studio "Lazy Gala- had," an unpublished story. Two originals by Edward Van Every were also acquired and Van Every signed to do the treatment. Both stories will be grouped under the title "Coney Island." James Stewart will co-star with Jeanette MacDonald in M-G-M's remake of "Smilin' Through." Victor Saville will produce. . . . Universal has set Irene Hervey and Lloyd Nolan to star in "Mr. Dynamite." . . . Preston Sturges, Paramount writer-director, is working on his own original "Sullivan's Travels" which will be his next production there. M-G-M has had a special role written into "Lady Be Good," high budget musical, for Lionel Barry- more. . . . Warners has set Ricardo Cortez in "No Hard Feelings," being directed by William McGann. . . . Helen Westley gets the role May Robson is prevented by other com- mitments from doing in RKO's "Sunny." . . . Helen Mack and Marsha Hunt have been signed for "Power Dive," first of the Richard Arlen vehicles Producers Corp. of America will release through Para- mount. . . .Victor Jory has been set for "Men of Action," Harry- Sher- man's next Hopalong Cassidy western. Brian Aherne will costar with Claudette Colbert and Ray' Mil- land in "Skylark," Mark Sand- rich's next direction-production as- signment at Paramount. . . . Warners has given Nan Wynn, radio singer, a term contract, as well as extending George Tobias' deal. . . . Rise Ste:- vens, Metropolitan opera star signed by M-G-M, will first appear oppo- site Nelson Eddy in "The Chocolate Soldier," production on which will start some time in May. Victor Sa- ville will produce. . . . Lothar Mendes has been set to direct Warn- ers' "The Flight Patrol," announced as one of the studio's top produc- tions for the year. Dennis Morgan and Humphrey Bogart are being tested for the leads. Sir Cedric Hardwicke has been signed to a three-picture deal by RKO. . . . Billy Gilbert goes into "One Night in Lis- bon," Paramount. . . . Osa Mas- sen, Swedish actress, joins the cast of M-G-M's "A Woman's Face." . . . Monogram's "Air Devils" cast will consist of Leo Gorcey, Bobby Jordan, David Gorcey, Donald Haines, Sun- shine Sammy, Eugene Francis, Joan Barclay, Herbert Rawlin- son, Dennis Moore and Sid Saylor. John Twist is writing the story and the treatment for "Army Sur- geon," Cliff Reid production at RKO. . . . Wallace Beery's next produc- tion at M-G-M will be "Get a Horse," story of the start of the automobile industry. Edgar Selwyn will pro- duce. . . . Lew Landers has been assigned to direct Gene Autry's "Song at Twilight" at Republic. . . . Republic has borrowed Susan Hay- ward from Paramount for "Sis Hop- kins," Judy Canova vehicle. . . . Joan Carroll, eight-year-old act- ress, will be starred in RKO's "An Obliging Young Lady," for which Jerry Cady is doing the script. M-G-M has shifted the name of "The Trial of Mary Dugan" to "The Crime of Mary Andrews." RKO's "Palm Beach Limited" is now "My Life with Caroline." Columbia's "The Return of Boston Blackie" is renamed "Meet Boston Blackie." "Shadows on the Stairs" is the new title for Warners' "Murder on the Second Floor." 'Kitty Foyle' Denver Best, Gets $11,000 Denver, Jan. 20. — "Kitty Foyle" and "I'm Still Alive" at the Orpheum drew $11,000. At the Denver, "This Thing Called Love" and "Lady With Red Hair" took $10,300. Estimated takings for the week end- ing Jan. 15 : "Santa Fe Trail" (W. B.) ALADDIN— (1,400) (25c-40c) 7 days, 2nd week. Gross: $4,300. (Average, $3,500) "Comrade X" (M-G-M) "Saint at Palm Springs" (RKO) BROADWAY— (1,040) (25c-35c-40c) 7 days. 2nd week. Gross: $2,800. (Average, $2,500) "Love Thy Neighbor" (Para.) DENHAM— (1.750) (25c-35c-40c) 7 days, 3rd week. Gross: $6,500. (Average, $6,000) "This Thing Called Love" (Col.) "Lady With Red Hair" (W.B.) DENVER— (2,525) (25c-35c-40c) 7 days. Gross: $10,300. (Average, $8,000) "Kstty Foyle" (RKO) "I'm Still Alive" (RKO) ORPHEUM — (2,600) (25c-35c-40c) 7 days. Gross: $11,000. (Average, $8,000) "East of the River" (W.B.) "Phantom Submarine" (Col.) PARAMOUNT — (2,200) (25c-40c) 7 days. Gross: $4,800. (Average: $4,000) "Thief of Bagdad" (UJV.) "Street of Memories" (2Cth-Fox) RIALTO— (878) (25c-40c) 7 days, "Thief of Bagdad," 3rd week. Gross: $2,300. (Av- erage, $1,750) 'Margie' and Holtz Big in Minneapolis Minneapolis, Jan. 20. — "Margie," coupled with a Lou Holtz stage show, led the parade here with $12,500. "Tin Pan Alley" did $10,000 at the State. Estimated takings for the week end- ing Jan. 17 : "Margie" (Univ.) MINNESOTA— (4,000) (28c-39c) 7 days. On stage: Lou Holtz, Wendy Barrie, Ar- lene Judge, Lola Lane and others. Gross: $12,500. "Tin Pan Alley" (ZOth-Fox) STATE — (2,300) (28c-39c-44c) 8 days. Gross: $10,000. (Average, $6,000) "Arizona" (Col.) ORPHEUM— (2,800) (39c-44c-55c) 10 days. Gross: $7,000. (Average, $5,500) "Thief of Bagdad" (United Artists) WORLD— (350) (28c-39c-44c-55c) 7 days, 3rd week. Gross: $1,800. (Average, $1,600) "Comrade X" (M-G-M) CENTURY— (1.600) (28c-44c) 8 days, 2nd week. Gross: $4,500. (Average, $4,000) 'East of the River" (W. B.) 4 days "A Night at Earl Carroll's" (Para.) 6 days GOPHER— (998) (28c) 10 days. Gross: $3,900. (Average, $2,500) "Blondie Has Servant Trouble" (Col.) 5 days "Ellery Queen, Master Detective" (Col.) 5 days "Phantom Submarine" (Col.) 4 days "She Couldn't Say No" (W. B.) 4 days ASTER— (900) (15c-28c) 9 days. Gross: $3,400. (Average, $1,800). Powers Rites Today; Ward Lascelle Dies Funeral services for John Howard Powers, once D. W. Griffith's general manager, will be held today at the Universal Chapel with burial follow- ing at Ferncliff, Westchester. He died on Friday at the Hotel Plymouth where he had been livng in retire- ment. There are no survivors. In Los Angeles, Ward Lascelle, pioneer director, associated years ago with the Fine Arts-Griffith company, died at his home on Sunday. Before retiring from the industry in 1929, he had also produced independently. His widow, Margaret, survives. 'Wedding' to Open In London Jan. 31 London, Jan. 20. — Paramount has scheduled the opening of Paul Sos- kin's production, "Quiet Wedding" for a West End Theatre on Jan. 31, with plans set for an elaborate premiere. Paramount is understood planning world release on the film. Sos- kin is preparing another large scale production, in which the work of British newspapermen set against a background of England's history from the time of Munich to the recent fire in London's City. David Niven is seeking leave from his Army duties to play the lead. The Ministry of Information is releasing hitherto un- disclosed material in cooperating on the production. 'Wind' Is Strong In Worcester Run Worcester, Mass., Jan. 20. — "Gone With the Wind" at Loew's Poli here opened to average business Thursday and Friday despite a sleet storm, but when the ice started to disappear, the theatre was crowded Saturday and Sunday. The film previously did a month's sensational business as a roadshow. The present top is 55 cents instead of the usual 39. Two Companies Formed Albany', Jan. 20. — Recently incor- porated here were : F. G. G. Theatres, Inc., by Isidor Stroll, J. Richard Cher- nok and Caroline Benforado, New York, and Carioca Producing Corp., by William Saxe, Robert C. Sullivan and Robert A. Rockhill, New York. 'Comrade X' Frisco Lead With $21,000 San Francisco, Jan. 20. — "Comrade X" and "Romance of the Rio Grande" took $21,000 at the Fox. "Love Thy Neighbor" paired with "Murder Over New York" for $14,500 in the second week at the Paramount. Estimated takings for the week end- ing Jan. 14-17 : "Let's Make Music" (RKO) GOLDEN GATE— (2,850) (35c-40c-55c) 7 days. Stage: vaudeville. Gross: $14,000. (Average, $15,000) "Ccmrade X" (M-G-M) "Romance of the Rio Grande" (20th -Fox) FOX — (5,000) (15c-35c-40c-50c) 7 days. Gross: $21,000. (Average, $16,000) "Santa Fe Trail" (W. B.) ST. FRANCIS— (1,400) (15c-35c-40c-50c) 7 days, 2nd week. Gross: $6,200. (Average. $6,000) 'This Thing Called Love" (Col.) "Ellery Queen, Master Detective" (Col.) ORPHEUM — (2,440) (15c-35c-40c-50c) 7 days. Gross: $11,000. (Average, $8,000) 'Thief of Bagdad" (U. A.) UNITED ARTISTS— (1,200) (15c-35c-40c- 55c) 7 days, 3rd week. Gross: $7,800. (Average, $8,000) 'Love Thy Neighbor" (Para.) "Murder Over New York" (ZOth-Fox) PARAMOUNT— (2,740) (15c-35c-40c-50c) 8 days, 2nd week. Gross: $14,500. (Average, $11,500) 'Hudson's Bay" (W. B.) 'Michael Shayne" (20th-Fox) WARFIELD— (2,680) (15c-35c-40c-50c) 9 days, 2nd week. Gross: $13,000. (Average, $12,000) CLAY— (400) (15c-35c-45c) 7 days, 3rd week. Gross: $700. (Average, $1,000) 4Dick,' Stage Show Milwaukee Smash Milwaukee, Jan. 20. — Fox's Wis- consin took $15,000 with "The Bank Dick" and "Streets of Paris" on the ,tage. "Give Us Wings" and Ada j-eonard on the stage of the Riverside Irew $10,000. Estimated takings for the week end- ing Jan. 16 : 'Victory" (Para.) "A Night at Earl Carroll's" (Para.) PALACE— (2,400) (30c-40c-55c) 7 days. Gross: $5,000. (Average, $4,000) "Give Us Wings" (Univ.) RIVERSIDE— (2,700) (33c-44c) 7 days. Stage: Ada Leonard. Gross: $10,000. (Aver- age, $6,500) "Ccmrade X" (M-G-M) "Hullabaloo" (M-G-M) STRAND— (1,400) (30c-40c-55c) 7 days. Gross: $2,000. (Average, $1,500) "Four Mothers" (W. B.) "Trail of the Vigilantes" (Univ.) WARNER— (2,400) (30c-40c-55c) 7 days. Gross: $6,800. (Average, $4,500) "The Bank Dick" (Univ.) WISCONSIN— (3,200) (44c-65c) 7 days. Stage: "Streets of Paris." Gross: $15,000. (Average, $5,500) Cinema Lodge Will Meet Here Tonight Arthur Israel, Jr., president of Cine- ma Lodge of B'nai B'rith, has an- nounced that Dr. Milton Steinberg, head of the Park Avenue Synagogue, would be an additional speaker at an open meeting scheduled by the lodge for tonight at the Hotel Edison. Principal speaker will be Dr. Abram L. Sachar, distinguished historian of the University of Illinois faculty. Atlanta Banquet Feb. 1 Atlanta, Jan. 20. — The first annual banquet and installation of officers of the Atlanta Variety Club will be held Feb. 1, with Deanna Durbin, Univer- sal star, expected as honor guest. 10 Motion Picture Daily Tuesday, January 21, 1941 Off the Antenna WITH many television executives genuinely concerned with the possibility that the FCC may decide to stop television activitj^ during the period of the current emergency, occasional efforts are being made by television executives to point out the real services which television can perform during war time. For one thing, it was pointed out, if television were given a year or so to develop it would cover a wide area and could be used as a visual aid for instruction to large sections of the populations on an almost instan- taneous basis. For example, it was said, when British civilians were called upon to extinguish incendiary bombs recently the problem could have been simplified by instruction in the proper and safest methods over television. Last year, RCA demonstrated the military possibilities of television scouting by airplane and although this method is far from being perfected it is believed that a wide awake special events staff of a local television station would probably meet and solve many of the problems which would be faced by an army scouting plane. Most important, however, is television's contribution from a stand- point of morale. It was pointed out that if England's television system had experimented with wire services it would have been possible to furnish the thousands gathered in the larger shelters with nightly enter- tainment. Even if television were to be broadcast solely through the air, it was pointed out that many in England go to the shelters each night rather than risk being awakened from sleep. In such cases, it was said, television could be of service as entertainment during the early evening hours. • • • Purely Personal: Roberto I. Vnanuc has been named Latin American nezvs editor for CBS . . . Fred Bate, NBC London representative, has been delayed in Lisbon and uozv is not expected here until tomorrow or Thursday . . . Walter Preston, NBC manager of the public service division, returned to his desk yesterday after a three-week absence , . . Douglas Fair- banks, Jr., will be heard over CBS Thursday at 5:30 P.M. in an appeal for aid to Britain . . . Ireene Wicker was tendered a luncheon by NBC yesterday at the St. Regis in a triple celebration, her Wth anniversary on the air, her marriage to Victor Hammer, and her new role in "Deadline Dramas" . . . Hal Bock, manager of NBC's Hollywood press department, and Bill Ray, head of the Chicago press division, came to town yesterday for a week of conferences. • • • WOV opened its new studios at 730 Fifth Ave. yesterday. The offices and studios occupy the entire 12th floor and part of the 14th floor. Instead of the three studios previously used there are five under the new setup .... Howard Baron joined WOV yesterday as music librarian and Ruth Girard, program secretary to Stuart Buchanan has been named program manager. Maurice Dreicer has a new show on the station, heard Mondays through Fridays at 11:15 P.M. . . . Bill Broomwell, WOV announcer, has resigned to head the Southwestern Lecture Bureau for CBS. Broomwell will make his offices in Dallas. • • • Donald F. Shaw, WMCA general manager, -will continue with the station with "amplified responsibilities and authority," Edward J. Noble, new owner of WMCA, atmounced yesterday. Leslie Evan Roberts, the program head, has been named personal assistant to Shaw, as has been John F. Curtiss, zvho zvas formerly engaged in advertising and promotion. Noble stated that all department heads will report directly to Shan*. • • • Program News: The Brazilian Government will resume sponsorship of the Pearson-Allen show, "Sunday Evening Nezvs of the- World" this Sunday at 7:30 P.M. The program zvas discontinued Dec. 28 over eight NBC-Blue stations but will be heard over 45 zvhen it is resumed . . . Harry Hershficld ivill start a nczv show, "Life is Funny," at 2:15 P.M. Sunday '. . . "David Haruin" has been renewed for 52 weeks by B. T. Babbitt over 50 NBC- Red stations. Canadian Networks Join in War on Ascap Broadcast Music, Inc., re- ported last night that it had been notified by telephone from Montreal that the Ca- nadian Association of Broad- casters at a meeting there yes- terday decided to join the Na- tional Association of Broad- casters in supporting B.M.I, in its fight against Ascap. The CAB. passed a resolu- tion to that effect. Crossley Shows No Air Audience Loss {Continued from t>d(/c 1) Among all 21 of the network pro- grams which are wholly or prepond- erantly musical, 14 showed changes of less than 1 per cent between Jan- uary and December, N.A.B. reported. Crossley ratings are prepared for the benefit of network or advertising agency subscribers and figures are copyrighted. As a result, ratings can- not be published without specific per- mission. Generally, in matters of pub- lic interest, ratings are made available. However, neither C.A.B. nor N.A.B. yesterday would make the figures pub- lic. BMI disclosed that three songs in the new Globe film production, "Pot o' Gold," with Horace Heidt, are be- ing published by BMI. The latter organization also acquired perform- ing and broadcastings rights to 70 numbers in the Regent Music Corp. catalogue. Orders 'U' Action Complaint Amended William Freiday, plaintiff in a di- rectors' suit against Universal and its directors and officers was ordered yes- terday by N. Y. Supreme Court Jus- tice Edward R. Koch to serve an amended complaint in his suit. The court ruled that voting trust agreements attacked in the complaint did not constitute "a wrong to Uni- versal Corp. or Universal Pictures, but, at most, to the stockholders in- dividually" and that a separate cause of action would have to be stated. Freiday also was directed to separate- ly state his cause which seeks termina- tion of contractual relations between Universal and the Big "U" Film Ex- change. Buxbaum Is Guest At Birthday Party Harry Buxbaum, 20th Century-Fox branch manager here, yesterday was given a birthday party by the ex- change's selling and booking forces at Sardi's. Those present included Joseph Lee, Moe Kurtz, Moe Sanders, Al Mandel- son, Seymour Florin, Abe Blumstein, William Schutzer, George Blender- mann, Louis Kutler, Peter Fishman, Jack Wolff, Herman Reiper, Frank Levitt, John Weinberger and Joseph St. Clair. Dismiss Plagiarism Suit Against Para. Chicago, Jan. 20. — Federal Judge Barnes today dismissed the plagiarism suit of Allan Lieber, a writer, against Paramount. The company's motion to dismiss, made by Louis Phillips, home office attorney, was granted by the court at the close of argument for the plaintiff and without Paramount hav- ing been heard. Lieber charged in his suit that Paramount's production, "Professor Beware," had plagiarized his play "Gummed Up." Format o Leaves Warner Philadelphia, Jan. 20. — Lou For- mato, Warner Brothers short sub- jects booker, has resigned from the local exchange. He has left for New York, his future affiliation undisclosed. Stockholder Sues CBS and Officers A stockholder's suit against CBS and 19 of its officers and directors was filed yesterday in N. Y. Supreme Court by Henry G. Mason, who charged the defendants with misman- agement and malfeasance. Details of the suit were not revealed. KWIL Joins Mutual KWIL, Albany, Ore., operating on 1,210 k.c. with 250 watts, has joined the Mutual and Don Lee networks as a full time outlet. Berns Joins Warners Bill Berns, WBNX film commenta- tor, has joined the Warner publicity staff. He will continue on WBNX on Saturdays and Sundays. N.A.B. Convention In St. Louis May 12 The National Association of Broad- casters will hold its 19th annual con- vention May 12 to 15 at the' New Jefferson Hotel, St. Louis, Mo., it was announced yesterday by Neville Miller, N.A.B. president. Included in the N.A.B. membership are 502 of the nation's 832 broadcast- ing stations. Committee on Photo Ball The debutante committee of the Press Photographers Association of New York is conducting a drive to stimulate attendance at the 12th an- nual dance Feb. 14 at the Hotel Astor. Josephine Marie Johnson is chairman of the group, which includes: Betty Hatch, Katherine Jones, Hope Carroll, Susan Stephenson and Marie Louise Aigeltinger. Smith Would Settle Sound Union Pact Hollywood, Jan. 20. — Harold V. Smith has offered to relinquish his post as business representative of I. A. T. S. E. Sound Technicians' Local 695 in consideration of $62,- 883, it was learned today. He also offered five alternatives in the event his settlement offer is not accepted. Smith claims the union owes him $33,097 in back pay and is asking $11,286 as interest on that amount and $18,500 as a 50 per cent settle- ment of his contract, which has two and one-half years to run. He offered as alternatives plans under which por- tions of the salaries alleged to be due him would be paid, his contract ex- tended for various periods under the same pay of approximately $1,115 monthly, or the granting of a new seven-3'ear contract. Two of the pro- posals took into consideration the possibility of the sound men obtaining wage increases from major producers as a result of negotiations launched by Smith last week, and asked lump sums in payment in this event. The local, which has about 600 members, is behind in its per capita tax to the international, it was learned. B. M. I. to Consider U. S. Decree Today The B. M. I. board of directors re- portedly will consider terms of a pro- posed consent decree today which has resulted from conferences with the De- partment of Justice. Presumably, if the terms are accepted, the Govern- ment will drop the networks from its contemplated anti-trust action, would bring the suit against B.M.I, and sub- sequently enter whatever decree may- be agreed upon. This would leave the Government in a position to proceed against Ascap alone. The society rejected a proposed Government decree last month. It is understood that the Government suit and decree involving B.M.I, may be brought at Federal court in Balti- more. Gas Fells Children Toronto, Jan. 20. — Scores of local children are recovering from the ef- fects of gas fumes in the Doric Thea- tre, which spread through the house from a furnace during the Saturday matinee- There were no deaths. Sam Lester is owner and manager of the theatre. Emergency treatment was given by police and firemen. Tuesday, January 21, 1941 Motion Picture Daily 11 AAA Selects First 16 Local Board Clerks (Continued from page 1) C. Williams, Fidelity Bldg. ; Denver, J. B. Milton, Chamber of Commerce ; Des Moines, Bruce Wilson, Walnut Bldg. ; Detroit, Irvin Yackness, Penobscott Bldg. ; Indianapolis, Lloyd Littell, Underwriters Bldg. ; Kansas City, J. H. Brink, Waltower Bldg. ; Los' Angeles, Walter H. El- liot, Van Nuys Bldg. ; Milwaukee, J. L. Loell, Loyalty Bldg. ; Minne- apolis, Sheldon Ostroot, McKnight Bldg. ; Oklahoma City, Richard Ro- mang, Commerce Exchange Bldg. ; Omaha, Byron Pulis, Woodmen of the World Bldg.; Portland, J. P. Nelson, Pittock Block; St. Louis, C. W. Hudson, Cotton Belt Bldg.; Salt Lake City, Roy Backman, Con- tinental Bank Bldg. ; San Francisco, Charles Chambers, Mills Tower Bldg., Seattle, Joe J. Monahan, headquarters not announced. Sturges to Conduct Sessions Dr. Wesley A. Sturges, Yale law professor and a member of the A.A.A. administrative committee, will conduct the training sessions for the board clerks here. C. V. Whitney, A.A.A. president, will open the ses- sions. The functions of the A.A.A. will be explained by Miss Frances Kellor, first vice-president and mem- bers of her staff, while functions of the film tribunals will be discussed by J. Noble Braden, executive sec- retary. Others who will address the train- ing sessions are : Hermann Irion, vice-chairman of the administrative committee for the industry's boards ; Michael Kurz, auditor for the indus- try arbitration system ; Lawrence Stessin, A.A.A. public relations di- rector ; Dr. Walter Derenberg, legal research director for the system ; Paul Felix Warburg, administrative committee chairman ; James V. Hayes and Robert Sher of the Department of Justice, who will discuss the con- sent decree ; and Sylvan Gotshal, vice- chairman of the administrative com- mittee. The clerks also will sit in at ar- bitration hearings which will be under way during their training period and will participate in the conducting of a simulated motion picture local board and a film arbitration proceeding. Dismiss Glass Suit Versus Interstate (Continued from page 1) rested his case and the court sus- tained the Interstate motion to dis- miss. Glass, formerly of Dallas, sold his Knox and Fair theatres to Interstate for^ $40,000 prior to the suit. The action was the last of three similar cases against Interstate. One, by Sam Kirscheimer of Houston, was settled out of court. Another, bv H. N. Jor- gensen, resulted in a iury verdict of $1,500 for the plaintiff. George S Wright, Interstate attorney, said to- day, however, that he plans to file a motion for a new trial of the Tor- gensen case. Judge Atwell will hear the motion within a few days. 'Philadelphia' Gets 5th Week at Hall; Broadway Strong (Continued from page 1) ture will gross about $88,000 for the week. Every show was aided by clear, although cold weather. With Harry James' band and Frank Parker on the Paramount's stage, "Second Chorus," the Boris Mor- ros-Fred Astaire film, made a pretty good showing over the weekend, and it is calculated by Paramount offi- cials that the picture will garner easily $48,000 on the week, which is a nice figure hereabouts. The weekend gross was about $21,000. "Hudson's Bay" is doing good in its second week business at the Roxy, which also presents a stage show with its film fare, and over the weekend grossed about $24,000. "Tall, Dark and Handsome" will succeed it on Thursday. "Kitty Foyle," at the Rivoli, is also doing good business, and is ex- pected to end its present week with about $20,000. "Four Mothers," with Sammy Kaye's band on the stage, is estimated for about $20,000 on the week at the Strand. It will be followed Friday by "High Sierra," with Henry Busse's band on the stage, plus Quen- tin Reynolds, war correspondent who will make a special personal appear- ance in connection with the presen- tation of "Christmas Under Fire," British short subject. "Night Train" continues to attract business to the Globe, grossing about $3,000 over the weekend, on this, its fourth week. Last week, the film garnered about $9,200, which is good. Daylight Time Bill Filed in Wisconsin Madison, Wis., Jan. 20. — A bill has been introduced here to provide daylight saving time for any com- munity in the state that wants it. The measure, introduced by Sena- tor Milton T. Murray, removes from the present statutes all restrictions which prevent localities from adopting daylight saving. It has the support of the State Medical Society of Wiscon- sin and will be opposed by exhibitors, farmers and labor. Nebraska Ticket Levy Bill Planned Omaha, Jan. 20. — A state tax on theatre tickets and other public amusement admissions is the major part of a luxury tax bill being pre- pared for submission to the Nebraska legislature. State Senator Neubauer said he is having some research work done be- fore he drafts the measure and sub- mits it. He plans to have his luxury tax bill replace the present one cent per gallon state gas tax now being levied for relief. Robs Jacksonville House Jacksonville, Fla., Jan. 20. — Rob- ert C. Heekin, manager of the Flori- da Theatre here, and two other em- ployes were held ur> last night bv a single bandit and robbed of $2,500 in receipts. The bandit escaped. Complaints Bring End to Dual Bills Jefferson City, Mo., Jan. 20. — So many complaints against double features were received by Arnold Gould of the Capi- tol Theatre here that he has discontin ued the policy. Gould introduced double fea- tures at the Capitol for the first time only a few weeks ago. The Capitol is a Dubin- sky Brothers theatre. British Money Pact Reopening Possible (Continued from page 1) British revenues would be the re- peal by Congress of neutrality laws, followed by the making of loans to Great Britain, according to company officials. The new agreement, which is for the 52 weeks from Oct. 27 last to Oct. 25 next, also assures the Ameri- can companies that the Quota Act will be administered during the year "with due regard to the various ob- stacles that wartime circumstances may put in the path of production." Dis- cussion of another monetary agree- ment "if necessary" after the current one will be begun at least three months before the termination of this one, or by next July, it is provided. British property or titles acquired with blocked sterling may not be dis- posed of by the companies except to British interests subject to Brit- ish laws during the life of the agree- ment or any succeeding one. Circuit Buying Not Altered by Decree Terms (Continued from page 1) ess foreseen as a result of the decree is that several contracts will have to be made where units of a circuit are located in two or more exchange districts. Even in these cases, however, the same circuit official who handled the buying in the past, whether in New York or in the field, will continue to handle the buying under the multiple contract process, it was said. It was emphasized that Section V of the decree places no restraint upon the methods of negotiating for and buying film, and will not influence the removal of buying from New York by circuits such as Loew's and RKO which customarily handle the bulk of the film buying at their home offices. The same is true of the Paramount, Warner and National Theatres opera- tions which for several years past have left film buying to the circuit operators in the field. Section V of the decree reads : "No license for features to be exhibited in theatres located in one exchange dis- trict shall include theatres located in another exchange district, nor shall the licensing of features for exhibition in theatres located in one exchange district be conditioned upon the licens- ing of a feature or group of features for exhibition in theatres located in I another exchange district." A® M®P ® A takes particular pleasure in presenting as its guest speaker at this week's luncheon meeting, w. c. VAN SCHMUS MANAGING DIRECTOR Radio City Music Hall and The Center Theatre o You are cordially invited to attend. Members of the Executive Staff of the Music Hall will be introduced by Gus Eyssell, Assistant Managing Director. O THURSDAY - JANUARY 23 Serving at 12:45 p.m. sharp UATEI EHICOKI SUN ROOM ■ Iw I Ek EVIJVll mh & 47th W. of B'dway $1.25 INCLUDING TIP Remember April 4 — Silver Jubilee — Benefit AMPA Relief Fund HOW IS YOUR CUSTOMER APPROACH? ^TjjjjLjll! » IhbYowiffw Office) Do you do everything you can to bring the pay- ing customers under your marquee . . . into your lobby ... up to your box-office? Do you change lip your frames . . . re-dress your marquee . . . re- design your lobby display . . . stand 'em up in front with color . . . smartness . . . brilliance when you've got a real money-grabbing picture? Do you take advantage of the press-books and the things they recommend? Remember . . . advertising . . . showmanship . . ♦ exploitation ♦ ♦ ♦ was ♦ . . is . . . always will be the lifeblood of this business* Is your theatre full of red corpuscle advertising or does it need a blood- transfusion to bring your customer-approach up to snuff (PROFITS TO YOU). If there's any doubt in your mind ask the Prize Baby . . . he's got the answers in Trailers . . . Lobby Displays . . . Standard Box Office Ac- cessories by nATIOnfiL^c*^ SERVICE • RDVERTISinO ACCESSORIES, inc. mmmiiil A^nrrcrrnpicc Alert. InteWigei to the^J gtion Picture Industry r>o no MOTION PICTURE DAILY VOL. 49. NO. 15 NEW YORK, U.S.A., WEDNESDAY, JANUARY 22, 1941 TEN CENTS ) Decree May Hasten End of Ascap Battle U. S. Is Now Negotiating Directly With BMI Washington, Jan. 21. — Settlement of the current feud between Ascap and BMI may be hastened by a consent decree, officials here believe. Present- ly, the Department of Justice is ne- gotiating directly with BMI, and whatever action is taken by BMI, it is asserted, is dependent upon the ac- tion which the Department of Justice will take in bringing the adoption of a per use contract by Ascap. This is the experts' view of current maneuvers which are being carried on behind closed doors here and in New York on behalf of all three parties. Such a consent decree, it is asserted, to be acceptable must include a proposal for the per use charge and clearance of music at the source. There has been n{> official view from {Continued on page 7) Hyams Heads CEA Branch in London London, Jan. 21. — Sidney Hyams, manager of the State, Gaumont. British house in Kilburn, has been named the new chairman of the London and Home Counties Branch of the Cine- matograph Exhibitors Association. The annual report of the chief unit of the exhibitors organization, which will be presented at a meeting of the branch next Tuesday, traces the man- ner in which film houses in the area carried on during a year of raids. The report indicates that at one time 170 houses in the area covered by the branch, chief bomb target, were closed, but that many now are re- opening and conditions are greatly improved. Tribute is paid in the re- port to the resourcefulness and cour- age of the theatre staffs. Reviewed Today Hollywood reviews of three pictures, "Pride of the Bow- ery," "Life With Henry" and "Honeymoon for Three," as well as short subject reviews are on page 6. "Arkansas Judge" is reviewed on page 7. DuMont Sees Fight Boon to Television Squabbles like the Ascap music fight "show cracks in the armor of the intrenched" broadcasters, according to Allen B. DuMont, head of DuMont Television. The fight, according to DuMont, "is only the beginning of a train of events that must lead to commercialized television." He added that when adver- tisers realize that their au- diences are decreasing they will demand a "visual sup- plement, called television." Honor Balaban at Dinner Tomorrow; Drive Winners Set Chicago, Jan. 21. — Barney Balaban, president of Paramount, will be hon- ored at a testimonial dinner at the Drake Hotel here on Thursday eve- ning. The dinner will pay tribute to the executive on his fifth anniversary as president of Paramount, and will mark the termination of the Balaban & Katz Barney Balaban drive. Approximately 400 are expected to attend the dinner, with A.M. Bots- ford as toastmaster. All managers of B. & K. theatres and those of the Great States Circuit, will be among those in attendance. Speakers will include : A. H. Blank, Stanton Griffis, Y. Frank Freeman, Adolph Zukor, Leo Spitz, Neil F. Agnew, Hugo Sonnenschein, John Balaban and E. V. Richards. An elaborate entertainment program is planned for the dinner. Lou Holtz, comedian, who is currently appearing at the B. & K. State Lake Theatre, will be master of ceremonies. Attending from Paramount, in ad- dition to the speakers, will be : Oscar Morgan, J. J. Unger, Robert Gillham, Herman Lorber, Monroe Goodman, Charles Reagan, C. J. Scollard, Alec {Continued on page 7) To Rename Walker Postmaster General Washington, Jan. 21. — Frank C. Walker, Postmaster General of the United States, is the only member of the Cabinet whose appointment must be renewed for the third term ad- ministration of President Roosevelt. The law requires that the post run only with the term of the President, and applies only to the Postmaster General. The renomination is expected in a few days. Walker succeeded James A. Farley some months ago. Dec. Tax Revenue $6,653,971; Year Total $43,483,373 Washington, Jan. 21. — Reversing a six-month upward trend, Federal admission tax collections in December dropped to $6,653,971 from $7,124,225 in November, but for the calendar year 1940 collections more than doubled those of the preceding 12 months, it was reported today by the Internal Revenue Bureau. For the full year, five months of it under the reduced exemption, ad- mission tax collections totaled $43,- 483,373 compared with $19,876,312 for 1939. Of the more than $23,000,000 increase, however, $21,595,000 was ac- cumulated in the final half-year, for which collections amounted to $32,- 315,541 against $10,720,084 in 1939, it was reported. Although failing to touch the peak established in November, December collections were more than three times the $1,974,535 reported for the cor- responding period in 1939, bureau figures showed. The drop in collections, normal for the final month of the year, was felt generally throughout the country but was most pronounced in the Third New York (Broadway) District, where receipts declined from $1,497,- (Continued on page 7) Associates Induct Officers at Lunch Joseph J. Lee, 20th Century-Fox New York branch manager, and new- ly elected president of the Motion Picture Associates, was formally in- ducted into office with other new offi- cers at a luncheon meeting at the Astor yesterday. The following have been named as board members : Jack Ellis, David Levy, Adolph Haas, Jack Hattem and Nat Beier. Other officers are : James Frank, first vice-president ; Matthew Cahan, second vice-president ; Saul Trauner, treasurer ; Moe Fraum, re- cording secretary ; Louis Kutinsky, sergeant-at-arms ; Ben Abner and (Continued on page 7) Flu Cuts Carolina Attendance by 50% Charlotte, N. C, Jan. 21. — Since the first of the year the flu epidemic that has been sweeping the Carolinas has cut picture theatre attendance about 50 per cent. Theatres in the Charlotte area have signs posted at the entrance that children under 16 will not be admitted. Roy Smart, an official of North Carolina Theatres, Inc., said that if the public health demands it, theatres would not hesitate to close. Estimate Para. Profit in Year At $7,300,000 Best Net in 10 Years; $2,757,944 in '39 Paramount will report a net profit of approximately $7,300,000 for 1940, according to Wall Street estimates. The company's report is expect- ed to be made public about Feb. 14. It will be the com- pany's best in the past ten years. The estimated result for the year compares with profit of $2,757,944 for 1 939. Neither figure includes Paramount's net interest as a stockholder in the undistributed earnings of non- consolidated subsidiaries. On the basis of the year's estimate, Paramount will report net profit of approximately $2,500,000 for the final 1940 quarter. Results for that period were materially increased by the suc- cess of the business drive conducted by the company's affiliated theatres during the normally dull theatre pe- riod from Thanksgiving to Christ- mas. Gross business for the period of the drive was increased over the corresponding 1939 period by more than $1,000,000, it is reported. Barney Balaban New Jersey Allied Reelects Officers Lee Newbury, president, and all other officers of New Jersey Allied were reelected yesterday at a state- wide meeting at the Stacey-Trent Ho- tel, Trenton. The others are : Mur- ray Miller, vice-president of the North unit ; Ralph Wilkins, vice-president of the South unit ; Harry H. Lowen- stein, secretary, and David Snaper, treasurer. The following were appointed to the board of directors : Louis Gold, Frank Gravatt, Mrs. Helen Hildinger, Marge Rose, Jack Waxman, Morris Spewack, Herbert A. Hill, Sam Frank and Jacob Unger. Former presidents of the or- ganization Sidney Samuelson, Irving Dollinger and George Gold were named ex-officio members of the board. Samuelson spoke. 2 Motion Picture Daily Wednesday, January 22, 1941 Coast Flashes Hollywood, Jan. 21. William F. Rodgers, M-G-M gen- eral sales manager, left here tonight by train after two weeks of confer- ences and viewing new product at the studio. He will stop off in Chi- cago en route East. • Paramount and Producer-Director Henry Hathaway amicably settled his studio contract. • Harold V. Smith, business agent of the sound technicians union, demanded of major producers today retention of the 54-hour week set in the current producer contract, but sought time and a half overtime for all over 40 hours weekly. M. A. Goldrick, assistant foreign manager of Erpi, arrived from the Orient today. With him was R. E. Warm. Western Electric assistant managing director in Australia, e Walter Wanger has bought the magazine serial, "Sundown," by Barre Lyndon. • RKO today signed Edgar Bergen, with Charlie McCarthy, and Fibber McGee and Molly to co-star in a David Hempstead production. • Walt Disney announced today that he will not enter the competition this year, because of new emphasis being laid on "Fantasia" and other features. Personal Mention SIDNEY R. KENT, president of 20th Century-Fox, is expected back at the home office from studio con- ferences about Feb. 1. • Joseph C. Shea, publicist associated in the past with various film com- panies, has been appointed publicity director of the Greek War Relief As- sociation. William K. Saxtox, manager of the Loew theatres in Baltimre, is in Sinai Hospital there, recuperating af- ter a stomach operation. • Leslie R. Luke of the Roosevelt Theatre, Scranton, Pa., is engaged to May Yirgixia Herrixg. • Rose Fox of the 20th Century-Fox branch in Philadelphia and Lew Nem- eroff are to be married Feb. 23. • Maurice White, head of Libson & White Theatres, Cincinnati, has re- turned to his office after a visit here. • I. J. Hoffman and B. E. Hoffman, Warner Theatre executives in New Haven, are out with the grippe. Other grippe victims in the city are Lou Philips, manager of the Modern The- atre Equipment Corp., and Normax Raxdall, assistant at the Paramount. • Harry Thomas, Max Siegel, Rob- ert Benjamin. Arthur Krim, Al Lewis and Chester Erskixe lunching- at Sardi's vesterdav. AMERICAN'S SOUTHERN SUNSHINE ROUTE * Five American Flagships daily take you along the Southern route across Virginia, Tennessee, and through the sunshine of Texas and Arizona to Los Angeles and the Pacific Coast. Save days of iime, enjoy every minute of your trip. For reservations, call your Travel Agent or HAvemeyer 6-5000. Ticket Offices: 18 W. 49th St. at Rockefeller Center and Airlines Terminal, Park Avenue at 42nd St. AMERICAN AIRLINES ROUTE OF THE FLAGSHIPS T CHEEYER COWDIN, chairman *■* • of the board of Universal, is ex- pected from the Coast by plane next Tuesday. • William Goldman, Ed Churchill, Si Seadler. Charles Casanave, Maurice Kann, David Rose, Sam Shain, Tom Connors, Max A. Cohen, Russell Holman, Arthur Hopkins, William Orr, Arthur Mayer, Ralph Austrian, Marcus Heiman and George Weltner having lunch yesterday at Nick's Hunting Room in the Astor. • William Rowland, Johnny Walker, Walter Futter, Sam Cit- ron, Arthur Lee, Jeffrey Bernerd and Sam Tulpan lunching yesterday at the Tavern. • Irving Shapiro, Arche Mayer, Rube Jackter and Milton Berle having lunch at Lindy's (next to the Rivoli) yesterday. • David Bernstein, B. S. Moss, Hal Horne and Arthur Gottlieb at Lindy's (51st St.) yesterday for lunch. Robert Grossman, manager of the Avon, Providence, is vacationing with his family in Rochester. N. Y. • Herb Gillis, Philadelphia booker for 20th Century-Fox, has left for a Maine vacation. • Joseph Leon, Universal salesman in Philadelphia, has left for Florida. • Morris Joseph, manager of Uni- versal's New Haven branch, has left for a Florida vacation. • John D. Hertz, Jr., left for Chi- cago yesterday. He will go from there to California. He is accom- panied by Don Gibbs and Rudy Mox- tegelais. Commission Sears Major in U. S. Army Richard (Dick) Sears, for many- years Pathe News cameraman in Bos- ton, and more recently on assignments for Universal News, has been com- missioned a major in the United States Army and assigned to the press re- lations division at Washington, as a liaison officer on motion picture mat- ters. He is at the Hotel Broadmoor in the Capital. 'Smith' Previewed Chicago, Jan. 21. — "Mr. and Mrs. Smith," RKO film, was previewed at the Palace Theatre here last night, following a cocktail party and din- ner. Tom Gorman, RKO Theatres division chief ; Walter Branson, RKO district manager ; Terry Turner, field exploitation head ; Jack Kirsch, presi- dent of Allied of Illinois, and Midwest critics and exhibitors attended. .ALTEC 250 West 57 th Street ■ New York City THE SERVICE ORGANIZATION OF THE MOTION PICTURE INDUSTRY Newsreel Parade HP HE inauguration for a third term -*- of President Roosevelt is the out- standing event pictured in the mid- week issues of all the newsreels. Para- mount devotes the entire reel to the ceremony. One other event widely covered is the launching of a new bat- tleship in England. The contents of the reels: MOVIETONE NEWS, No. 39— Inaugura- tion of President Roosevelt. Bombing of Manchester. England. Italian prisoners in Greek camps. Queen Elizabeth christens new English battleship. Marines reviewed in San Diego. Sailors train at Ford school. Troops leave for Newfoundland. Wields baton on ice skates. Ski championships in Illinois. NEWS OF THE DAY, No. 237— Presi- dent Roosevelt inaugurated. English battle- ship launched with King and Queen in at- tendance. Refugee children talk to parents in England by radio. Burlesque wrestling bout in Boston. PARAMOUNT NEWS, No. 42— Entire reel devoted to third term inauguration of President Roosevelt: early crowds; Presi- dent enters church; official party leaves for Capitol; Wallace takes oath as Vice- President; President takes oath; inaugural parade. RKO PATHE NEWS, No. 42— President Roosevelt inaugurated. AP Building in Lon- don is bombed. Girl born in California weighs 14 pounds. Diving bell takes tour- ists under water off Florida coast. Queen Elizabeth christens new English battleship. UNIVERSAL NEWSREEL, No. 947.— Inruguration of President Roosevelt. Ken- nedy asks that U.S. keep out of war. Will- kie prepares for trip to England. Marines reviewed by Mexican general in San Diego. Ski meet held in Illinois. O Sullivan Is Named P.R.C. Ad Manager O. Henry Briggs, president of Pro- ducers Releasing Corp., has appointed Joseph O'Sullivan as director of ad- vertising and publicity. O'Sullivan joined the film industry as an associate of Terry Ramsaye in Pathe Films, after a period as dramatic and music critic in Louis- ville, and as legitimate theatre man- ager. He was director of a circuit in Mexico City, then returned to handle publicity and sales promotion for Pathe. He has been a special writer for Motion Picture Herald for some years. ITOA Meets Today Meeting of the New York I. T. O. A. is set for today at the Astor. Harry Brandt, president, will preside. MOTION PICTURE DAILY (Registered U. S. Patent Office) Published daily except Saturday, Sunday and holidays by Quigley Publishing Company. Inc., 1270 Sixth Avenue, Rockefeller Center, New York City. Telephone Circle 7-3100. Cable address, "Quigpubco, New York." Mar- tin Quigley, Editor-in-Chief and Publisher: Colvin Brown, Vice-President and General Manager; Watterson R. Rothacker. Vice- President; Sam Shain, Editor; Alfred I. Finestone, Managing Editor; James A. Cron, Advertising Manager; Chicago Bureau. 624 South Michigan Avenue, C. B. O'Neill Manager; Hollywood Bureau, Postal Union Life Building, William R. Weaver, Editor; London Bureau, 4 Golden Square, London Wl, Hope Williams, Manager, cable address "Quigpubco, London." All contents copy- righted 1941 by Quigley Publishing Com- pany, Inc. Other Quigley publications: Motion Picture Herald, Better Theatres, International Motion Picture Almanac and Fame. Entered as second class matter, Sept. 23, 1938, at the post office at New York, N. Y., under the act of March 3. 1879. Subscription rates per year $6 in the Americas and $12 foreign. Single copies 10c. Spread the News Across America ! The results are in! Amazing news from the first 13 engagements! (Boston, 2 theatres — Buffalo, Cleveland, Bridgeport, New Haven, Pittsburgh, Washington, Worcester, Hartford, St. Louis, Tulsa, Oklahoma City) They all played it previously! And they're now doing 181% of normal biz! With only 3 performances daily! And HOLDING OVER in the entire 13 spots! And in the first 10 small town situations! Each one has played it before! It's topping the big towns, doing 220% of normal! That's positively sensational! As predicted in nationwide surveys! Thousands wait for it! Thousands will see it again! Put "Gone With The Wind" on your marquee! It's magic! A NATIONAL EVENT .'...Previews in 32 important key cities of the first picture for 1941 directed by ALFRED HITCHCOCK, director of TWO of the TEN BEST PICTURES OF 1940- "Rebecca" (topping the list) and "Foreign Correspondent" . . . Another BIG ONE from RKO RADIO . . . right on the heels of sensational "Kitty Foyle."... Opening soon in first runs all over the country! R ;< O RADIO PICTURES V ■ . . . AS PRESS, TRADE AND PUBLIC GET ADVANCE LOOK AT YEAR'S BIG COMEDY HIT IN SPECTACULAR 3 2-CITY HOLLYWOOD PREVIEW! GENE RAYMOND JACK CARSON • PHILIP MERIVALE • LUCILE WATSON 6 Motion Picture daily Wednesday, January 22, 1941 Studios Now Shooting on 36 New Films Hollywood, Jan. 21. — Thirty-six pictures were before the cameras this week, as 10 started and 12 finished. Sixteen are being prepared, and 63 are being edited. The tally by studios : Columbia Finished: "Penny Serenade," "The Lone Wolf Takes a Chance." In Work: "They Dare Not Love," untitled Ellery Queen. Globe In Work : "Pot O' Gold." Gloria Started: "New Wine." M-G-M Finished : "Rage in Heaven," "Andy Hardy's Private Secretary," "Free and Easy." In Work: "Billy the Kid," "The Crime of Mary Andrews," "Roosty." Monogram In Work: "Air Devils." Started: "Ridin' the Cherokee Trail." Producers Releasing Started: "The Lone Rider Crosses the Rio." Paramount Finished: "Las Vegas Nights." In Work : "One Night in Lisbon," "Caught in the Draft." Started: "Men of Action," "Kiss the Boys Goodbye." RKO Finished : "Show Business." In Work: "They Met in Argen- tina," "The Devil and Miss Jones." Started: "Sunny." Republic Finished: "Two Gun Sheriff," "Prairie Pioneers." In Work : "Citadel of Crime." Started: "Sis Hopkins." 20th Century-Fox Finished: "Ride On, Vaquero," "Dead Men Tell." In Work: "The Outlaw," "A Very Young Lady," "Blood and Sand." Universal In Work : "Nice Girl," "The Flame of New Orleans," "The Lady from Cheyenne," "The Man Who Lost Himself," "Model Wife." Started: "Mr. Dynamite." Warners Finished: "The Sea Wolf." In Work : "Winged Victory," "Miss Wheelwright Discovers Am- erica," "Thirty Days Hath Septem- ber," "The Bride Came C.O.D.," "Singapore Woman," "Strange Alibi." Started: "No Hard Feelings," "Af- fectionately Yours." Contracts Extended Hollywood, Jan. 21. — Twentieth Century-Fox has extended the con- tracts of Jane Withers, John Payne, Charlotte Greenwood, John Carra- dine, John Sutton and Robert Con- way, all players. Add 'Higgins' Films Hollywood, Jan. 21. — Republic plans two more "Higgins Family" films to be made this season, featur- ing Roscoe Karns and Ruth Donnelly. Only two had been planned. Hollywood Reviews Honeymoon for Three (Warners) Hollywood, Jan. 21. *< T_T ONEYMOON for Three" is the predominantly comic story of a A successful author at whom women fling themselves and who en- counters a college sweetheart who imagines herself the heroine of every book he has written. His romantic didoes, which threaten to engulf him in a divorce suit, an alienation of affections action and other troubles, are brought to an abrupt and happy end by his secretary, who is in love with him. George Brent as the author and Ann Sheridan as the secretary are the principal players, with Charlie Ruggles, as the injured husband ; Osa Massen, as the erstwhile sweetheart who still retains her ideas ; Jane Wyman, William T. Orr, Lee Patrick, Walter Catlett, Herbert Anderson and Johnny Downs completing the cast. Earl Baldwin wrote the screenplay with Julius J. and Philip G. Epstein contributing additional dialogue. The source material is the play by Alan Scott and George Haight. Lloyd Bacon directed, under associate producer Henry Blanke. The story, fast moving and highly amusing in spots, falls into the category of "sophisticated" entertainment, some of the lines and situa- tions being "off the beam." Running time, 76 minutes. "A."* Vance King *"A" denotes adult classification. "Life With Henry" (Paramount) Hollywood] Jan. 21. D ECREATING with remarkable fidelity the character of the Aldrich Family radio program from which it derives, this second in the Paramount series of family comedy-dramas featuring Jackie Cooper as the Henry Aldrich of the airshow improves upon the impressive begin- ning made in the first picture. Strength of story, by Clifford Goldsmith and Don Hartman, and excellence of direction by Jay Theodore Reed, who also produced the picture, account for solidity of entertainment, making use of seriousness as a background for humour. Supporting Cooper in the picture are Fred Niblo as the father, Hedda Hopper as the mother, Eddie Bracken as his chum and Leila Ernst as his sweetheart. Others in the large cast, all admirably assigned, are Kay Stewart, Moroni Olsen, Rod Cameron, Pierre Watkin, Lucien Littlefield, Frank W. Thomas, Etta McDaniel, Hanley Stafford and many more. The Aldrich youth's ambition in this exercise of the character made popular via radio is to acquire $100 by his own efforts, with which he is to qualify for a trip to Alaska as guest of a philanthropist. All sorts of difficulties and complications turn up, including a session in a film house on game night, but it all comes out right in the end. Running time, 80 minutes. "G."* Roscoe Williams *"G" denotes general classification. Pride of the Bowery (Monogram-Banner) Hollywood, Jan. 21. "DRIDE of the Bowery," fourth in the series of pictures featuring the "East Side Kids" Sam Katzman's Banner Pictures Corp. is making for Monogram release, is by far the most pretentious and attention-hold- ing of the lot, its action laid almost entirely in a C.C.C. camp. Actual scenes of the layout and members of the conservation corps' Thumb Butte camp, outside of Prescott, Ariz., are shown, the picture detailing camp life as necessary for the story. The plot deals with four New York slum boys, three of whom inveigle the other, an amateur boxer, into signing C.C.C. application papers in order to get a "good training camp" to further his fighting career. Leo Gorcey is the boxer, while his aides are played by Bobby Jordan, Donald Haines, and David Gorcey. Others in the cast are Sunshine Sammy, Eugene Francis, Carlton Young, Mary Ainsley, Bobby Stone, Nick Stuart, Kenneth Harlan, Kenneth Howell, Lloyd Ingraham and Steve Clensos. George Plympton wrote the screenplay and Joseph Lewis directed, their efforts combining to make a highly entertaining film. Peter Mayer was Katzman's associate producer. Running time, 60 minutes. "G."* Vance King *"G" denotes general classification. Short Subject Reviews "Meet the Fleef' ( Warners ) Here is an interesting insight on the U. S. Navy, produced in coopera- tion with the Navy. Robert Arm- strong, William T. Orr, George Reeves, Mary Cheffey and Herbert Anderson are in the cast. The film follows activities at the San Diego Naval Base. Orr, Reeves and An- derson are seen as recruits taking or- ders from Armstrong. The subject has been well photographed in color. Running time, 20 mins. "History Repeats Itself" ( Warners) The three popular Radio Rogues imitate a number of screen stars in entertaining fashion. The trio ap- pears in satires on historical events for the benefit of a crooked inventor whose activities are being investi- gated by the district attorney. An amusing skit on the landing of the Pilgrims at Plymouth Rock should draw laughs. The characters in each of the events reenacted include Bing Crosby, Jack Benny, Ben Bernie and many others. Running time, 10 mins. "The Sacred Ganges" (Paramount) An unusual travelogue, this issue of "Fascinating Journeys" portrays life on the banks of India's holy river, the Ganges. Shown are the famed holy men, who subject their bodies to vari- ous forms of torture to obtain Divine favor. Among those seen are some who sit for long periods of time with- out moving, others who stare fixedly into the sun. Done in Technicolor, this reel should attract considerable inter- est. Running time, 10 mins. "Breezy Little Bears" (Paramount) Those three little bears, Horace, Herbert and Herman, who walked off with an Academy Award in 1939 for the best one-reel short, return to the screen with another hilarious episode in their adventures. They wander off casually to inspect a farm and their experiences with the cows and the dairy implements are funny enough to bring guffaws from any audience. Frank Crumit heightens the comedy with his narration. Deserves screen time. Running time, 10 mins. "Problem Pappy" (Fleischer-Paramount) Popeye runs into difficulties again taking care of his Pappy, who decides to take up flagpole-sitting as a ca- reer. Popeye makes several amusing but unsuccessful atempts to get Pappy off a flagpole atop a huge skyscraper. When all efforts have failed, lightning starts striking at the pole. Aided by the customary spinach, Popeye defies the lightning and rescues his father. Lots of laughs. Running time, 7 mins. "Timid Toreador" (Warners) Produced by Leon Schlesinger, this cartoon has to do with Porky Pig in a bull fight. After the sudden dis- appearance of the toreador, Porky and the bull engage in battle. Only fair. Running time, 7 mins. Wednesday, January 22, 1941 Motion Picture Daily 7 Hollywood Review "Arkansas Judge" (Republic) Hollywood, Jan. 21. '"PHIS is a plain, straighforward tale of a small Arkansas com- ■*■ munity whose complacent life is shattered by the theft of $50 from a widow. The town's servant woman is falsely accused, neighbor is set upon neighbor, gossip runs rife, a slander suit is filed against the town's principal character by the banker, who wins, mob violence is committed, only to have the real thief confess the crime. The Weaver Brothers and Elviry, Roy Rogers, and Spring Byington enact the principal roles, Rogers playing a straight role, that of a young lawyer. Supporting them are Pauline Moore, Frank M. Thomas, Veda Ann Borg, Eily Malyon, Loretta Weaver, Minerva Urecal, Beatrice Maude, Harrison Greene, Barry Macollum, George Rosener, Monte Blue, Frank Darien, Russell Hicks and Edwin Stanley. Based on the novel, "False Witness" by Irving Stone, the screenplay was written by Dorrell and Stuart McGowan, and the adaptation by Ian Hunter, Ring Lardner, Jr., and Gertrude Pureed. Frank McDonald, in directing this Armand Schaefer production, kept the story moving swiftly, interspering the musical numbers by Rogers, the Weaver Brothers and Elviry in such a manner as not to impede the progress of the yarn. The picture is homespun drama at its best. Running time, 72 minutes. "G."* Vance King Fire Watchers Now At British Theatres London, Jan. 21. — All British theatres are affected by a new Government fire- watching order. As business houses, they must provide watchers working full time. Masculine staff members are liable at the option of local authorities to conscription for 48 hours of duty monthly watching buildings and where necessary, fighting fires. Honor Balaban at Dinner Tomorrow; Drive Winners Set (Continued from pac/c 1) Moss, Arthur Dunne, G. B. J. Fraw- ley and Edwin L. Weisl. Among the other guests will be : N. L. Nathanson, Ralph G. Branton, Harry L. Nace, C. R. Banford, George C. Hoover, John J. Friedl, M. A. Lightman, Sam Pinanski, ^ Martin Mullen, John Nolan, Julius M. Gordon, R. J. O'Donnell, Karl Hoblitzelle, Harry David and Tracy Barham. Paramount Drive Winners at Dinner Chicago, Jan. 21. — Winners of the Paramount theatres testimonial busi- ness drive for Barney Balaban, Para- mount president, which was held dur- ing the Thanksgiving to Christmas period will be guests at the testimonial banquet to Balaban at the Drake Hotel here Thursday night. A total of 55 managers were ad- judged winners in the drive and will receive awards at the dinner. The winners in the various Para- mount -affiliated circuits are : Comer- ford-Publix Theatres, S. A. Ammer- man, Gregory Beck, Joseph Farrell and Carl Herman ; United Detroit Theatres, Clark Field, Grant Hawkins and Frank Upton ; Intermountain Theatres, Inc., Jack Braunagel and Chester Price ; M & P Theatre^ Corp., Harry Botwick, James Dempsey, Jack Goodwin, Albert Hamilton, William Hartnett, George Moffitt and Morris Sirnms ; Tri- States Theatre Corp., Harold D. Barnes, Edward Dunn, William Miskell and Lorenz Wegener. Also : Balaban & Katz Corp., A. H. Bachman, S. R. Claggett, Kenneth Edgerly, William B. Hoi den, Walter Lyons and Harry Odendhal ; Domin- ion Theatres, Inc., Willis W. Grist, Jr., and Harl A. Wolever ; Great States Theatres, Frank Staley and Mortimer E. Berman ; Malco Theatres, Remmel Young, J. R. McEachron and Henry Brownlee ; Jefferson Amusement Co., S. E. Tanner, W. L. Gelling and Jack Dahmer ; Interstate Circuit, E. J. Sullivan, Jack King, John T. Floore and A. D. Deason ; Minnesota Amusement Co., Everett Olsen, Ralph E. Phillips, Woodrow Praught and Charles Zinn. Also : Western Alassachusetts The- atres, George Laby, Louis Marcks, David F. Perkins, Edward A. Smith and Charles R. Smith ; Publix-Bam- ford Theatres, Frank Labar and Wil- liam Keith ; Publix-Great States, Wal- ter F. Grometer ; Publix-Indiana, Guy W. Martin ; Publix-Rickards- Nace, A. G. Pickett. All Paramount office and district sales executives, who opened a three- day meeting at the Edgewater Beach Hotel here today, will attend the tes- timonial dinner as well. The sales officials attended screenings of new product today and will open their business sessions tomorrow. RUDY VALLEE INVITES MOTION PIC- TURE EXECUTIVES AND EXHIBITORS TO PREVIEW AT THE ASTOR. Motion-picture Executives and Exhibitors ?re Cordially Invited to a Preview of Vis-0- Granh — the New Coin-operated Talking-Motion Plrture Marhlne — At the Hotel Astor, Suite 166-170, Wednesday from II A.M. on and Thursday by Appointment. W. H. (Bill) KemMe, Executive Vice-President, Vis-0- Graph Corp. of America. *"G" denotes general classification. Decree May Hasten End of Ascap Fight (Continued from paqe 1) the Department in this regard, except to admit that preliminary negotiations are under way and that nothing further will transpire until the proposals now being considered by BMI have been presented to the Department for official consideration. The present proposals which BMI is considering contain some features which are not acceptable to the De- partment of Justice. Further nego- tiations are felt to be necessary, in the opinion of officials, in order to consummate a satisfactory agreement. The BMI board of directors met here yesterday to consider consent decree proposals but no disclosure was made of the action taken. It is under- stood that the Department of Justice objected to the premature publicity given to the negotiations with Ascap several weeks ago and urged broad- casters not to reveal the nature of the current discussions. Associates Induct Officers at Lunch (Continued from paqe 1) Seymour R. Schussel, trustees, and Charles Penser, financial secretary. Highlighting yesterday's meeting was Jack Bowen's presentation to the Associates' charity fund of a check for $600, the proceeds of the testi- monial luncheon given recently to Bowen and E. K. O'Shea. Lee discussed plans for the acqui- sition of a club room. Other speak- ers were J. J. Thompson, guest of honor ; Harry Brandt, Sam Rinzler, Harry Buxbaum, Ellis, Frank and Bowen. Arthur Greenblatt acted as master of ceremonies. Set 'Bishop' Preview A special preview of "Cheers for Miss Bishop," Richard Rowland — United Artists film, will be held to- morrow evening in the preview room of the Radio City Music Hall, fol- lowed by a reception for Rowland. 'Wind' Opening at Capitol Tomorrow "Gone With the Wind" will open at the Capitol tomorrow for its local general release engagement, instead of next Thursday, as originally sched- uled. It will replace "Flight Com- mand." It will be on a continuous run, popular price basis, running three hours and 45 minutes. The price scale will be 40 cents to 1 P.M., 50 cents to 6 P.M. and 75 cents there- after, on weekdays, and 40 cents to 1 P.M., 55 cents 6 P.M. and 85 cents thereafter, on Saturday, Sunday and holidays. Regular prices at the house are the same except that the morning price usually is 35 cents. Prices for the original run of the film at the Capitol ranged from 75 cents to $1.10. Probe Gassing of Toronto Children Toronto, Jan. 21. — The Ontario Government has ordered the Doric Theatre, neighborhood house here operated by Sam Lester, closed pend- ing an official investigation into an ac- cident last Saturday, when 35 children were overcome by coal gas fumes from the furnace. Inspectors are trying to ascertain whether a furnace defect or employes' negligence was responsible. Attorney General Gordon Conant plans crimi- nal action if negligence or a violation of theatre regulations are found to have been at fault. George Elliott Dies Haverhill, Mass., Jan. 21. — George C. Elliott, film pioneer and once an associate here of Louis B. Mayer, died at Benson Hospital here. With Mayer and the late Charles H. Poor he built the Colonial Theatre here in 1911. New Guild Play Feb. 5 The Theatre Guild's production of Philip Barry's play, "Liberty Jones," will open at the Shubert on Feb. 5. John Beal, Nancy Coleman and Martha Hodge are in the cast. Dec. Tax Revenue $6,653,971; Year Total $43,483,373 {Continued from page 1) 707 in November to $1,193,461, the bureau announced. In that district, box-office collec- tions dropped from $1,419,524 to $1,109,505, but receipts from tickets sold by brokers increased from $10,- 154 to $12,610; tickets sold by propri- etors in excess of established prices, from $1 to $154, and admissions to roof gardens and cabarets from $67,- 965 to $71,170. Collections from permanent use or lease of boxes and seats dropped from $63 to $25. Collections in 1940, by months, as compared with 1939, were as follows : Month 1940 1939 January $1,486,534 $1,564,134 February 1,852,763 1,503,127 March 2,390,931 1,606.996 April 2,000,902 1,384,721 May 1,791,095 1,605,987 Tune 1,645,603 1,491,260 July 1,650,162 1,534,249 August 4,407,097 1,513,468 September 5,851,655 1,852,256 October 6.628,429 1,727,931 November 7,124,225 2,117,644 December 6,653,971 1.974,534 Total $43,483,373 $19,876,312 Greenthal to Present Van Schmus at Ampa Monroe Greenthal, advertising and publicity director of United Artists, will introduce W. G. Van Schmus, managing director of the Music Hall, guest of honor at the Ampa luncheon at the Hotel Edison tomorrow. John Gurney of the Metropolitan Opera, will sing, and Erno Rapee of the Music Hall will participate. Also present will be Gus Eyssell, assistant to Van Schmus ; Leon Leonidoff, Fred Cruise, Russell Markert, Fred Lynch, Russell Downing, Florence and Hattie Rogge, Bruno Maine, Eugene Braun, Willa Van, Robert Henderson and Maurice Baron, all of the Music Hall staff. To Show Coin Device Demonstration of Vis-o-Graph, a coin-operated motion picture device, is being held today and tomorrow at the Astor Hotel under the supervision of W. H. Kemble. Rudy Vallee is president of the company. — -NEW YORK'S FINEST— Edison Motion Picture Studio HAS EVERYTHING! Large and small sound stage — Latest equip- ment — Rehearsal rooms — Private projection theatre — Executive offices — Conveniently located. MODERATE RATES Phone CHiokering 4-8116-7-8 8 Motion Picture daily Wednesday, January 22, 1941 NBC Is Enlarging Studios in Chicago NBC is enlarging its Chi- cago facilities by building three new studios and eight new offices in the Merchan- dise Mart building. Record- ing facilities will be doubled. Each studio will be 20 by 30 feet and the offices will house the radio recording division, program traffic, communica- tions, the night manager and the musical director. Expand Facilities At Morris Agency Increasing its facilities for handling booking of bands, the William Morris agency is making personnel shifts in its New York, Chicago and Holly- wood offices. Willard Alexander will assume supervision of band operations here, aided by Jack Flynn, trans- ferred from Chicago, and Dick Dorso, from Hollywood. Harry Squires will continue as head of one-night book- ings. Ed Fishman will go to Hollywood to assume charge there and Cress Courtney will be transferred from booking one-night stands to the lo- cation sales staff with William E. Snyder and Tom Smyth. Ira L. Steiner will join the agency as head of the' new press department. Han- sen-Williams will continue to handle institutional advertising and general promotion. Set Academy Sound Award Nominations Hollywood, Jan. 21. — Nominations for the Academy sound recording award have been disclosed here by John Aalberg, chairman of that com- mittee. The films nominated, from which one will be selected, are : "Arizona," "Behind the News," "Captain Cau- tion," "Grapes of Wrath," "Howards of Virginia," "Kitty Foyle," "North West Mounted Police," "Our Town," "Sea Hawk," "Spring Parade," "Strike Up the Band." WIBG Names Voices Paul F. Harron, president of WIBG, Philadelphia, yesterday named Voices, Inc., as consultants for promotion, pro- gramming, publicity and special events for the station. Voices, which includes Fred Coll, George McCoy and Lois Lorraine, acts in a similar capacity for WHOM, Jersey City, and WSNJ, Bridgeton, N. J. Arthur Lee Returns Arthur A. Lee, head of Artlee Pic- tures, Inc., returned to New York yesterday from a one-month business visit on the Coast. Lee returned by way of Canada, visiting Vancouver, Calgary and Winnipeg where, he re- ported, film and theatre business was at its best level in recent years. Must Join AGVA Chicago, Jan. 21. — It is reported here that Merrial Abbot has been noti- fied by the S.A.G. that unless she signs with the local A.G.V.A. unit, her chorus will not be permitted to per- form either in films or on the stage. Off the Antenna AIR PROGRAMS, INC., announces that it has made an exclusive agree ment with Associated Press for the production of a series of radio programs based on the history of the AP. It will be called, "Men Against Time !" The script will be based on Oliver Gramling's book "AP — The Story of News." • • • Purely Personal: Al Simon, WHN publicity director, and Jo Ranson, radio editor of the Brooklyn Eagle, will give a course of 15 lectures at Long Island University during the Spring semester on Radio Broadcasting. '. . . Raymond Paige, the conductor, left for Florida instead of California yesterday, in order to maintain closer contact with his office here. . . . Edward Roecker, of "Pipe Smoking Time" over CBS, is scheduled to make concert appearances in Philadelphia, Reading and Harrisburg this month. . . . Jean Herbert, Don George and Teddy Hall have written the title song for the next Gene Autry film, "Ridin' On a Rainbow." Famous Music will publish the tune. . . . Betty Garde has been named chairman of the entertainment com- mittee for the AFRA reception to be held at the Waldorf-Astoria May 9. . . . Helen Cleaver is now with the IVOR publicity office. • • • Seeking increased utilization of "The School of the Air of the Americas," CBS has invited leading educators and Government officials to a three-day conference begining Feb. 27. The first day's session will take place in Atlantic City and the last two in New York. Grierson May Hold Canadian Film Post Toronto, Jan. 21. — John Grierson of London has issued a statement inti- mating that he is reconsidering his decision to resign as Dominion Film Commissioner of the National Film Board, effective the end of January. Previously he had tendered his resig- nation on the ground that the work of the board should be supervised by a Canadian. A published report with respect to the contemplated change contained the following paragraph : "There would seem to be some difficulty in replacing Mr. Grierson at this time as it is hard to duplicate his experience in the pro- duction of documentary films in this country." Appoints Committees Of Kansas City Club Kansas City, Jan. 21.- — Chief Bar- ker Jerry Zigmond has announced the personnel of Variety Club commit- tees for 1941. Committees and their chairmen are: House, Reuben Melcher ; ways and means, H. J. Griffith ; membership, O. K. Mason ; entertainment, Leland Allen; kings for a day, Robert F. Withers ; publicity, William Lans- burg; bowling and bowling tourna- ment, Frank Hensler ; welfare, Arthur Cole; "Days of '49," C. E. Gregory; charity ball, Earl Jameson; special charities, Jay Means ; special events, Finton Jones, and golf, T. R. Thompson. Legislators to See 'Liberty9 on Jan. 28 Albany, Jan. 21. — A screening of "Land of Liberty" will be held in the Education Building here after the legislative session on Jan. 28 for sena- tors and assemblymen. Arrangements were made with legislative leaders by Tohn G. Walsh, local M-G-M pub- licity representative. Mutual Board Meets Mutual will hold its board of di- rectors meeting in Chicago tomorrow and Friday. Fred Weber, general man- ager, left here yesterday to attend. Principal business will be considera- tion of suggestions made at the recent program managers' meeting. Contract Action in Phila. Is Delayed Philadelphia, Jan. 21. — The breach of contract suit of the Dixie Theatre against Universal, scheduled to be tried in the local Court of Common Pleas on the January calendar, has been postponed and placed on the March-April calendar due to the ill- ness of D. B. Kresch, counsel for Uni- versal. The suit, filed last February, charges losses were sustained when Universal failed to deliver "All Quiet On the Western Front" on Christmas, 1939, as contracted. B'nai B'rith Installs New Lodge Officers Arthur Israel, Jr., president, and other officers of the Cinema Lodge of B'nai B'rith were installed last night at an open meeting at the Hotel Edi- son. Dr. Abram L. Sachar of the Uni- verity of Illinois faculty was the principal speaker. Dr. Milton Stein- berg, head of the Park Avenue Syna- gogue, and Harry J. Greenblatt, presi- dent of District Grand Lodge No. 1, also spoke. 'Neighbor' Is Seattle's Best With $8,600 Seattle, Jan. 21. — "Love Thy Neighbor" took a strong $8,600 at the Paramount. "Son of Monte Cristo" at the Liberty drew $7,100. The weather was mild but rainy. Estimated takings for the week end- ing Jan. 17: "Comrade X" (M-G-M) "Dr. Kildare's Strange Case" (M-G-M) BLUE MOUSE— (950) (30c-40c-50c-6Sc) 7 days. 4th week. Gross: $3,400. (Average, $4,000) "No, No, Nanette" (RKO) "Romance of the Rio Grande" (20th- Fox) FIFTH AVENUE — (2,500) (30c-40c-50c- 65c) 7 days. Gross: $5,800. (Average, $7,000) "The Son of Monte Cristo" (U. A.) LIBERTY— (1,800) (30c-40c-50c-65c) 7 days. Gross: $7,100. (Average, $5,000) "Flight Command" (M-G-M) "Keeping Company" (M-G-M) MUSIC BOX— (950) (30c-40c-50c-65c) days. 2nd week. Gross: $3,800. (Average, $4,000) "Sante Fe Trail" (W.B.) "Meet the Wildcat" (Univ.) ORPHEUM— (2,450) (30c-40c-50c) 7 day*. 2nd week. Gross: $4,900. (Average, $6,000) "San Francisco Docks" (Univ.) "Barnyard Follies" (Rep.) PALOMAR— (1,500) (20c-30c-40c-50c) 7 days. Vaudeville. Gross: $4,900. (Average, $5,000) "Love Thy Neighbor" (Para.) "Jennie" (20th-Fox) PARAMOUNT— (3,050) (30c-40c-50c) days. Gross: $8,600. (Average, $6,000) Dismiss Collins Suit Federal Judge John C. Knox has dismissed the $1,000,000 plagiarism suit of Dolores Lacy Collins, adminis- tratrix of James H. Collins, against M-G-M Pictures Corp., Loew's Inc., and Culvert Export Co. for failure to prosecute. The suit claimed the film "Test Pilot" was based on Collins' book of the same title. Sue Warners on Film Warners were named defendants yes- terday in a $75,000 damage suit filed in N. Y. Supreme Court by Alvin A. Harnes and Howard A. Gray. The plaintiffs claim the defendants adapted an idea submitted to them for the pro- duction of the film "Dr. Erlich's Magic Bullet" without compensating the plaintiffs. Baker S.P.G. Examiner Daniel Baker will act as trial ex- aminer tomorrow at the N.L.R.B. hearings on the petition of Screen Publicists Guild for designation as collective bargaining agency with the eight major companies. Ford to Attend UA Premiere at Miami Hollywood, Jan. 21. — Glenn Ford, member of the cast of "So Ends Our Night," Loew-Lewin picture for United Artists release, left here yes- terday for the world premiere of the film at the Lincoln and Surf Theatres in Miami on Friday. Those invited to attend the Miami premiere include : Sinclair Lewis, George Ade, Paul Draper, Jack Demp- sey, Sophie Tucker, Paul Whiteman, Harry Richman, Desi Arnaz, Maxie Rosenbloom, Abe Lyman, Lucille Ball. Screen 'Under Fire' At Capital Tomorrow Warners will hold a screening of "Christmas Under Fire," British Min- istry of Information short subject, tomorrow night at Constitution Hall, Washington, for members of Congress, and other Washington figures, spon- sored by Collier's. Quentin Reynolds, London corre- spondent of the magazine, who acted as commentator for the reel, will be guest of honor and chief speaker at the showing. Hear RCA Plea Today Application of RCA, Westinghouse and General Electric to dismiss part of the stockholders' complaint against it will be heard today in N. Y. Su- preme Court. The defendants contend that most of the charges are either barred by the statute of limitations or fail to state a cause of action. Dismiss Pickford Case Suit of J. Raymond Cornell for $250,000 damages against Mary Pick- ford has been dismissed by Federal Judge John C. Knox for failure to prosecute. Complaint had charged libel in an article in the Boston Sunday Advertiser written by the defendant. ition DO NOT P F" ft * MOTION PICTURE DAILY First in VOL. 49. NO. 16 NEW YORK, U.S.A., THURSDAY, JANUARY 23, 1941 TEN CENTS fciKO Decree Meet Called By Schaefer J 'Citizen Kane' on Formal Release Schedule RKO district managers have been called in from the field by George J. Schaefer, president, and Ned E. Depi- net, vice-presi- George Schaefer dent in charge of distribution, for a meeting with home of- fice executives at the Waldorf- Astoria today on formulation of plans for sales operations under the con- sent decree. The meeting is the first execu- tive sales gath- ering to be held in New York since the adop- tion of the decree and, in consequence, will command a larger representation of home office officials than any simi- lar industry meeting. Schaefer, Depinet and A. W. Smith, sales manager, will address the meet- ing. General selling policies and discus- ' sion of the product to be released dur- ! ing the remainder of the current sea- son also will occupy the meeting. "Citi- zen Kane," the Orson Welles picture which led to the banning of RKO pub- licity from Hearst newspapers, is list- ed as one of the forthcoming releases for which sales plans will be discussed (.Continued on page 11) Pat Garyn, Veteran Film Salesman, Dies Dallas, Jan. 22.— Walter J. "Pat" Garyn, 50, veteran film salesman, died this morning in the St. Paul's Hospi- tal here of heart disease following a week's illness. He had been in poor health for several years. He had been operating Garynteed Pictures, Inc., independent exchange here, for the past three years. He was formerly general sales manager of National Screen Service, and had been Western division manager for the March of Time. A native of St. Louis, Garyn entered the industry with Fox Film, and became assistant to Winfield Sheehan. Later he held executive sales posts with M-G-M. He is survived by his widow, a sister and a nephew. Arnold Mentioned For Supreme Court Washington, Jan. 22. — As- sistant Attorney General Thurman Arnold, chief of anti-trust enforcement, was seen here today as a possible appointee to the Supreme Court to succeed Associate Justice James C. McReynolds, who will retire Feb. 1. N.W. Allied to Ask State Ban Blocks-of-Five Minneapolis, Jan. 22.— Welding forces which on the first day of the convention appeared split, Northwest Allied today voted to lead a legislative assault on the block-of-five clause in the U. S. consent decree. The conven- tion voted to back a bill in the Min- nesota legislature contravening and setting aside the clause in favor of the sale of an entire season's product en bloc. The same proposed bill will go to the legislatures of Wis- consin and North and South Dakota. The bill was referred back to the committee headed by Harold Field, for promotion (Continued on page 11) Morale-Power' of Films Lauded by Senator George Washington, Jan. 22. — Senator Walter F. George, chairman of the Foreign Relations Committee, today characterized the screen as "the first spokesman for the American way of life and our first line of defense in the maintenance of morale-power." The statement was made when Senator George participated in a cere- mony marking the presentation to W. E. D. Connor of the National Archives, of a print of the Selznick- M-G-M film, "Gone With the Wind." The print will join other films in the Archives vaults. Senator George said the film "exem- plifies the great constructive force of the screen in promoting a better un- derstanding not only among the people (.Continued on page 11) Universal Pension To Morris Joseph New Haven, Jan. 22. — Morris Jo- seph, Universal exchange manager here, will receive a pension from the company, with which he had been as- sociated for 29 years. He retired be- cause of ill health. John Pavone has succeeded him here. Joseph, in a letter to exhibitors throughout his territory, thanked each personally for his cooperation, and paid tribute to Universal home office executives who arranged his pension. Paramount Showmen in Chicago Honor Balaban By SAM SHAIN Paramount is giving a "little family party" tonight at the Drake Hotel in Chicago, for one of its boys who rose to be president 1 of the company. He is Barney Balaban. The party is in cele- bration of his fifth year as head of the firm, and about 300 Paramount showmen from every part of the country and Canada will at- tend. It is called a "family party" because only Paramounteers and their friends will be present. The address which Barney Balaban will make to these Barney Balaban guests who are honoring him will be for their own ears only. It will not be a public speech. Chief personal host at the dinner will be John Balaban, Balaban & Katz chieftain, and brother of Barney. Oth- ers are Paramount theatre and studio leaders, such as A. H. Blank, E. V. Richards, Y. Frank Freeman, Leo Spitz, Stanton Griffis, Adolph Zukor, Edwin L. Weisl and John D. Hertz. Barney Balaban is 53. He is the eldest of eight children. His father, Israel, ran a little grocery store in the front of the two-story frame dwell- ing on Jefferson Street, Chicago, where Barney Balaban was born. His mother's name was Gussie. In the order of their birth, the eight Balaban children were Barney, A. J., Ida, Max, John, David, Harry and Elmer. After a brief schooling, which ended at 12, Barney Balaban worked at sev- eral jobs, from a Western Union mes- (Continued on page 9) Agnew Shifts Paramount's Sales Force Reagan Is Named Aide; Morgan on Shorts Chicago, Jan. 22. — Charles Reagan, Paramount Western division sales manager, will become assistant general sales manager of the company under the re- alignment of the sales organiza- tion for opera- tions under the consent decree. The changes were completed here today by Neil Agnew, vice-president in charge of dis- tribution, at the company's meet- ing of home of- fice sales execu- tives and district managers. Other changes announced by Agnew, all of which will become effective be- tween Feb. 1 and March 1, include the designation of Del Goodman, formerly 20th Century-Fox Far Eastern man- ager, as Paramount's general sales manager for Canada, succeeding Mor- ris A. Milligan, resigned, and the ap- pointment of Hugh Owen, former United Artists sales executive, as dis- trict manager for the Dallas, Okla- homa City and Memphis territory. The appointment of C. J. Scollard as executive assistant to Agnew was announced previously. Under the realignment, Paramount is abandoning a Southern division and (Continued on page 9) Neil Aenevv Schlaifer Leaves United Artists Post Hollywood, Jan. 22.- — L. J. Schlai- fer, United Artists field sales repre- sentative, has severed his association with the company, it was reported today. His future plans are not known. Schlaifer first joined United Artists in 1928, as assistant to Al Lichtman, then general sales manager of the company. He rejoined Universal in 1932 as general sales manager and re- turned to United Artists two years later as Western general sales man- ager. He was elected a vice-president in 1939. He first entered the industry in 1912. Arthur W. Kelly, vice-president in charge of distribution, has not indi- cated his choice of a successor. 2 Motion Picture daily Thursday, January 23, 1941 AAA Names Three New Board Clerks American Arbitration Association yesterday confirmed the appointment of three additional local board clerks, bringing the total named to date to 19. Appointment of the remaining 12 and leasing of office sites for those boards are expected to be cleared this week. The three board clerks named yes- terday and the locations of the boards are: Atlanta, Detlef Hansen, Jr., Mortgage Guaranty Bldg. ; Boston, Henry de la Morandiere, Chamber of Commerce Bldg., and Washington, H. B. Barton, Denrike Bldg. Minneapolis Case Looms Minneapolis, Jan. 22.— The 4,000- seat Minnesota and the 300-seat Es- quire, both of which were reopened recently after being closed for some time, may be the first to file complaints of inability to obtain suitable product when the local arbitration board opens here, it was learned today. Both houses, now running "B" pic- tures or reissues, have charged on the occasion of earlier closings that they were unable to compete with Minne- sota Amusement Co. for first run product. All other complaints awaiting filing here relate to clearance. Many Stars to Attend FDR Birthday Ball Washington, Jan. 22. — Kitty Car- lisle was added to the list of entertain- ers for the President's Birthday Ball on Jan. 30. The roster of stars who will appear now includes Robert Young, Wallace Beery, Deanna Durbin, Carolyn Lee, Red Skelton, Jean Hersholt, Helen Gahagan, Carmen Miranda, Charlotte Greenwood, Lynn Bari, Edward G. Robinson, Preston Foster and Con- stance Moore. Clifton Fadiman, of "Information, Please," will be master of ceremonies at the dinner to be held at the Hotel Willard next Thursday night at which Tommy Harmon and Alice Marble will be guests of honor. Then the covey of celebrities will begin making the rounds of five hotels where the Birthday Balls will be going on simultaneously. Charles Laughton and Elsa Lan- chester, who were expected to be present for the celebration, it is now announced will not appear. O'Connor Transfers RKO Managers Here Several changes and promotions in RKO metropolitan theatres' personnel were made yesterday by John J. O'Connor, vice-president and general manager. Edward Sniderman, Bronx and East Side Manhattan division exploi- tation man, was appointed manager of RKO Proctor's, Newark, replacing Robert Ungerfeld, resigned. Stanley Wilcheff of the home office publicity staff succeeds Sniderman, and is in turn succeeded by Raymond Malone. Three assistant managers were transferred to other theatres to serve in the same capacity. They are : Philip Nemirow, from the Empire to the Al- hambra ; John Conhaim, from the Alhambra to the Regent, and Rodney White, from the Regent to the Em- pire. Personal HAL B. WALLIS, Warner execu- tive producer, arrived here yes- terday after attending the inaugura- tion in Washington. He will see plays and confer at the home office. • Burt Champion of the United Artists home office publicity staff is in French Hospital, suffering from flu and bronchitis. William Redden, manager in Kansas City for Ross Federal Serv- ice, is the father of a son, born this week, and named William Burch Redden. Mitchell Franklin, manager of the Mayfair, St. John, has succeeded Charles S. Chaplin, transferred by U. A., as president of the St. John Y.M.H.A. William E. Spragg, M. & P. dis- trict manager in southeastern New England, is in Chicago. • Ralph E. Snider, treasurer of the Associated Circuit in New England, has joined his family in Miami for a three-week vacation. • A. A. Spitz, Providence veteran exhibitor, will spend next week in Atlantic City. Budd Rogers, returned yesterday from a trip to Toronto, Buffalo and Boston. Canada Seizes Nazi Propaganda Films Montreal, Jan. 22. — Dominion Film Board officials said today that British ships have seized "very substantial" quantities of German-made motion pictures intended for use as propa- ganda in the United States and South America. Since the start of the war British Contraband Control has seized many German films and forwarded them to Ottawa where John Grierson, Do- minion Film Commissioner, is welding them into what officials described as a "valuable pictorial record" of the war. Some of the more graphic have been incorporated in Canadian motion pictures ; others have been sent to the U. S. after editing for counter- propaganda purposes. The last batch seized from a ship- ment headed for South America is said to contain some of the most graphic pictures yet obtained. They portray London under fire ; a ship in a British convoy photographed from a dive bomber, and freight yards in France smouldering after an R.A.F. raid. Mrs. Schnitzer Dies Hollywood, Jan. 22. — Mrs. Blanche Schnitzer, mother of Joseph and Abe Schnitzer of Western Costume Co. here, died yesterday at the age of 75, after a lingering illness. Three daugh- ters also survive. The body is being taken to Pittsburgh, her former home, for burial. Mrs. Schnitzer also was an aunt of Pandro Berman. Mention EDWARD M. FAY, circuit oper- ator in Providence, has been re- elected to the executive committee of the Rhode Island Society of New York. • Joseph C. Clemmons has been re- elected for a third term as president of the Chamber of Commerce of Beaumont, Texas. • Monroe Greenthal, Louis Astor, and Emanuel Silverstone lunching yesterday at Lindy's (next to the Rivoli). • Joseph Bernhard, William A. Scully, Max A. Cohen, George Weltner, Saul Rogers, Laurence Bolognino, Ralph Austrian and Harry Goetz at Nick's Hunting Room in the Astor yesterday for lunch. • Richard A. Rowland, Maurice Bergman, Lawrence Tibbett and Henry Jaffe having lunch at the Tavern yesterday. • David Loew, Arthur Loew, Luther Adler, Richard Rodgers, William P. Montague, Jr., and Al Richard at Sardi's for lunch yester- day. • Cresson Smith, Lowell Calvert, Terry Ramsaye, June Hovac, Sam Shain, Fred Schwartz and Clar- ence Lowe lunching at Toots Shor's yesterday. Legion Approves 14 Of 16 New Pictures Of 16 new pictures reviewed by the National Legion of Decency for the current week, 14 were approved, nine for general patronage and five for adults, while two were classed as ob- jectionable in part. The new films and their classification follow. Class A-l, Unobjectionable for General Patronage — "Billy the Kid's Range War," "Doomed Caravan," "The Great Commandment," "Her First Romance," "The Lone Rider Rides On," "Outlaws of the Pan- handle," "Texas Rangers Ride Again," "Trail of the Silver Spurs," "Where Did You Get That Girl." Class A-2, Unobjectionable for Adults — "Con- voy," "The Roundup," "Tall, Dark and Handsome," "Virginia," "Wild Man of Borneo." Class B, Objection- able in Part — ■ "Invisible Woman," "Mr. and Mrs. Smith." Fay's in Providence Resumes Vaudeville Providence, Jan. 22. — Increasing interest in vaudeville by patrons, and a general shortage of available prod- uct, are given as reasons why Fay's Theatre here on Friday will revert to a vaudeville-and-screen policy after eight months operation as a double feature house. Edward M. Fay discontinued vaudeville last May 30 at Fay's, and the house, normally closed during the Summer season, stayed open, show- ing westerns and adventure films. The house has been getting 15 cents, 28 cents and 39 cents for films, but will go to a 44-cent top for the new com- bination programs. Para. London Law Firm Office Razed The law offices of Kirley Sons & Karuth, Paramount legal representatives in Lon- don, were destroyed in the Dec. 29 bombing of the City, together with most of the legal documents and records of the office, according to word received at the Para- mount home office yesterday. Realign Commerce Bureau on Defense Washington, Jan. 22. — Reorganiza- tion of the Bureau of Foreign and Domestic Commerce to give absolute priority to national defense functions was ordered today by Secretary of Commerce Jesse Jones. Including the Motion Picture Divi- sion and the Electrical Division, which handles radio matters, all branches of the bureau will concentrate on activi- ties that will further the relationship between industry and the Government in carrying out the Administration's defense objectives. "The realignment of the bureau for defense purposes is designed to in- crease, not to diminish, the services which have been rendered in the past to the public, but complete priority will be given to any assignment to advance the defense program," he said. Metro Art Contest Starts on 'Ziegfeld' M-G-M has set a national art con- test in connection with "The Ziegfeld Girl," in cooperation with the Art Students League of New York. The contest, which opened yesterday, con- tinues to March 17, this year. Cash prizes totaling $1,000 will be awarded for the best drawings or paintings symbolizing the "Ziegfeld Girl of 1941." It is open to all artists and art students. More than 1,000 art schools throughout the country are ex- pected to participate. A committee of judges will decide the winners. Warner Ball March 8 The 12th annual banquet and ball of the Warner Club will be held March 8, in the grand ballroom of the Waldorf-Astoria Hotel. MOTION PICTURE DAILY (Registered U. S. Patent Office) Published daily except Saturday, Sunday and holidays by Quigley Publishing Company, Inc., 1270 Sixth Avenue, Rockefeller Center, New York City. Telephone Circle 7-3100. Cable address, "Quigpubco, New York." Mar- tin Quigley, Editor-in-Chief and Publisher; Colvin Brown, Vice-President and General Manager; Watterson R. Rothacker Vice- President; Sam Shain, Editor; Alfred L. Finestone, Managing Editor; James A. Cron, Advertising Manager; Chicago Bureau, 624 South Michigan Avenue, C. B. O'Neill, Manager; Hollywood Bureau, Postal Union Life Building, William R. Weaver, Editor; London Bureau, 4 Golden Square, London Wl, Hope Williams, Manager, cable address "Quigpubco, London." All contents copy- righted 1941 by Quigley Publishing Com- pany, Inc. Other Quigley publications: Motion Picture Herald, Better Theatres, International Motion Picture Almanac and Fame. Entered as second class matter, Sept. 23, 1938, at the post office at New York, N. Y., under the act of March 3, 1879. Subscription rates per year $6 in the Americas and $12 foreign. Single copiea 10c. Simultaneous release throughout the United States on Washington's Birthday, PARAMOUNT* * That tiny, terrific little star of Honeymoon in Bali." CAROLYN LEE... back in an even greater smash role! V A KM P A FOUR STAR CAST! MADELEINE CARROLL Fresh from her great box office triumph in "North West Mounted Police!" STIRLING HAYDEN The year's most important star discovery ! EDWARD H, GRIFFITH The man who made Honeymoon in Bali' creates his greatest entertainment! FRED MagMURRAY Star of "Honeymoon in Bali" in his greatest role! CAROLYN LEE The "Honeymoon in Bali" baby scores a sensational success ! . . . and an all-star supporting cast headed by popular Helen Broderick and beautiful Marie Wilson! Simultaneous release throughout the United States on /Jt% Washington's Birthday PARAMOUNT* 37,526,377 OF YOUR PATRONS WILL THRILL TO "VIRGINIA" ADVERTISING IN THESE NATIONAL PUBL.CAT.ONSj IE JOURNAL >e, four-color ll advertisement read .866,993 people! WOMAN'S HOME COMPANION Full-page, four-color advertisement read by 8,726,133 people! LIFE Full-page, four-color advertisement read by 7,129,695 people! VOGUE Full-page, four-color advertisement read by 522,003 people! SUNDAY NEWS Full-page, four-color advertisement read by 8,709,040 people! SUNDAY MIRROR Full-page, four-color advertisement read by 3.572,513 people! • Huge advertising campaign scheduled to reach every movie-goer in the nation. National magazine advertisements in full color! Coast to coast newspaper campaign! Everyone who can read will thrill to the news: "VIRGINIA" is the season's greatest entertainment! Paramount presents & ... 7^ a/ /COLOR' MADELEINE FRED CARROLL • MacMURRA ^ Stirling Hayden - Helen Broderick • Marie Wilsoi Thursday, January 23, 1941 Motion Picture daily 9 Guests Attending Balahan Dinner Following is the list of guests sche- duled to attend the Balaban & Katz testimonial dinner to Barney Balaban at the Drake Hotel in Chicago to- night : Adam Adams, J. M. Abraham, Girard Adams, John Quincy Adams, Neil Agnew, A. L. Anson, C. B. Atkins. • Waldo Bail, Barney Balaban, David Bala- ban, Elmer Balaban, Harry Balaban, John Balaban, Carl Bamford, Tracy Barham, Ray Beall, E. C. Beatty, Hector Bishop, Robert Blair, A. H. Blank, Myron N. Blank, Ray- mond Blank, Kenneth Blewett, Ben Bloom- field, Ted Boisumeau, R. W. Bolstad, Rudy Born, A. M. Botsford, T. J. Bragg, Hugh Braly, George Brandt, G. Ralph Branton, J. A. Branton, Maxwell Braswell, William Briscoe, A. H. Brolly, Edward E. Brown, Gil C. Brown, George Brown, Milton Brown, Harry Browning, Gibbons Burke, Al Burne. • Wallace V. Camp, Raymond Carsky, N. L. Carter, Louis V. Charipar, Bernard Cobb, Miles Concannon, Billy Connors, A. P. Con- roy, James Cooney, Charles Cottle, E. E. Crabtree, Edward A. Cuddy, Evert R. Cummings. • A. J. Damon, Harry David, Charles F. Davidson, Jess Day, J. J. Deitch, Sam Dembow, Jr., Louis Deutsch, Edward Dlouhy, J. J. Donohue, John P. Dromey, Gaston Dureau, Allen Dumont, A. J. Dunne. • L. E. Eastman, William Eddy, Max Edel- stein, Adolph Eisner, Oliver Epps, William H. Erbb. • Aaron Feinberg, B. W. Feldman, Hy Fine, Joseph W. Finley, V. J. Fisher, John J. Fitzgibbons, Henry Foehrkalb, G. B. J. Frawley, Y. Frank Freeman, Harry B. French, John J. Friedl. • Jack Garber, Ben Goldsaler, Robert M. Gillham, Maurice Glass, Leslie H. Gleason, Leonard H. Goldenson, Ernest E. Goldstein, Harry H. Goldstein, Nathan E. Goldstein, Samuel Goldstein, Dell Goodman, M. R. Goodman, W. W. Goodman, Julius M. Gordon, M. F. Gowthorpe, Melvin Green- blatt, Stanton Griffis. • Marvin S. Harris, B. H. Harrison, Thor Hauschild, William Heasman, Raymond Hendry, John Hertz, Archie Herzoff, A. H. Higginbotham, Robert Hines, Karl Hoblit- zelle, Jack Hoeffler, Perry Hoeffler, Roger Holden, W. K. Hollander, George C. Hoover, M. W. Hork, E. J. Hudson. • Elmer Immerman, Walter Immerman, I. Jacobsen, A. W. Jones. • Harry Kalcheim, P. M. Kalleres, Jack Katz, J. N. Katz, Sam Katz, A. J. Kauf- man, Joseph Kaufman, Duncan R. Kennedy, Austin Keough, Elmore Keyes, H. F. Kin- cey, Joseph Kinsky, J. F. Kirby, Milton S. Kusell. • William T. Landon, Ralph Lawler, Claude Lee, Al Leonard, M. G. Leonard, F. A. Leroy, Sam Levin, Gene Levy, Edwin B. Lewis, M. D. Lewis, R. C. Libeau, M. A. Lightman, M. A. Lightman, Jr., Byron Linn, Louis R. Lipstone, H. J. Lorber, L. J. Ludwig, Harry Lustgarten, J. J. Lynch, Herbert Lyon. • Louis Machat, R. C. MacMullen. Hugh Martin, M. E. McClain, J. R. McCullough, Vincent McFaul, L. M. McKetchneay, John McKenna, Francis W. McManus, William G. Methe, Max Milstein, Fred Minton, John H. Mitchell, John L. Mitchell, A. J. Mor- eau, Oscar Morgan, Alec Moss, George E. Mullare, M. J. Mullin. • Harry L. Nace, N. L. Nathanson, Charles Nesbitt, Leon Netter. John Nolan. • E. E. O'Donnell, Robert J. O'Donnell, William O'Donnell, Milton Officer, J. J. O'Leary, Frank Omick, Hugh Owen. • Francis Pallester, C. W. Perrine, Louis Phillips, Thomas O. Pierce, Samuel Pinan- ski, Joseph Pipher, George Planck, Abe J. Piatt, N. M. Piatt, Irvin L. Porter, Clifford C. Porter, Harry Porter. • Paul Raibourn, Melvin J. Rainey, C. M. Reagan, Harry G. Redmon, E. V. Richards, Boris Riedel, Roy Rogan, George Romine, Thomas P. Roman, C. B. Rubens, J. J Rubens, M. M. Rubens, C. J. Russell, Sr., Charles A. Ryan. J J. J. Sampson, Edward Sapinsley, James Paramount Showmen in Chicago Honor Balaban {Continued from page 1) senger boy to a clerk in a cold stor- age firm, known as the Western Cold Storage Co. He was 20 then, and chief clerk. On Kedzie Avenue, at about this time, there was a little, makeshift nickelodeon film theatre. Here it was that A. J. and Ida, Barney's brother and sister, were a part-time piano and singing team. When her children per- formed at this theatre, Mrs. Balaban would quietly visit the place to aid audience reception. This was in 1907, and what impressed Mrs. Balaban most on these visits, was how the cus- tomers had to pay their five cents in advance before entering the theatre. It was otherwise with her grocery store customers. Some of these never paid their bills. It wasn't long before A. J. and Ida offered to buy the Kedzie Avenue nickelodeon. The best deal they could make, however, was a leasing arrange- ment at $100 per month. The theatre was a makeshift store loft. The first week's receipts amounted to $88. Later, these rose to as much as $200. A. J. was in charge of the theatre, while Barney, although inter- ested, continued at his cold storage clerkship, where he was earning $25 weekly. Improvements were made in the theatre and Barney, who even then showed the financial acumen and busi- ness instinct which was to bring him to his present position, was responsible for them seeking a second theatre be- fore the year was out. By 1909, Barney Balaban was con- vinced that motion pictures were here to stay. They built the Circle in Chi- cago, and put in a pipe organ and what has been described as a "pretty good" ventilating system. It was the "last word" in theatres for that era — and it seated 1,000. At prices of 15 and 20 cents, Barney Balaban and his brother, A. J., presented with the pic- ture, people like Sophie Tucker, Char- lotte Greenwood and the Marx Broth- ers. Sophie Tucker's salary in those days was hardly a fraction of what she was to obtain as a vaudeville and night club entertainer a few years later. Soon the Balabans, in association with Sam Katz, owned and operated several theatres. The first de luxe theatre, the Central Park in Chicago, was opened by them in 1917, at a cost of $275,000. This theatre served as a model for future theatres throughout the country. The Central Park also had a refrigeration system which per- mitted it comfortably to stay open in the Summer months. Until then, the- atres frequently shut down for the Summer. With the help of John D. Hertz, financier, and the late Morris Rosen- wald, the Balabans and Katz estab- lished a chain of new theatres, build- among others the famous Chicago the- atre, the Riviera and the Uptown. B. & K. now owns and operates 125. Barney Balaban was elected presi- dent of Paramount in 1936. This was several years after Paramount, under Adolph Zukor, having decided to enter the theatre business, purchased con- trol of Balaban & Katz, and built the famous Publix chain which was head- ed by Balaban's former partner, Katz. Today the Paramount theatre holdings number about 1,300 owned directly and with associates. Abilene Permits Film Shows Sunday Night Abilene, Texas, Jan. 22. — Despite the protests of members of the clergy, the local City Commission has re- pealed the ordinance prohibiting the opening of theatres on Sunday nights. Under the terms of the revision, theatres may remain open until 11 P.M. on Sundays, effective Jan. 27. This will mark the first time in the city's history that films may be seen on Sunday nights. Interstate Circuit operates most of the local houses. Savage, Jack Schaefer, Leonard Schiff, Max Schosberg, C. J. Scollard, Edward Seguin, Philip Seletsky, Raleigh Sharrock, Ralph Sherry, Harry Sherman, E. M. Simonis, G. A. Smith, Harry Smith, McNeil Smith, Samuel Soible, Phillip Solomon, Hugo Son- nenschein, Harry Spiegel, Leo Spitz, Wil- liam E. Spragg, Warren L. Stafford, Leo Stahr, Isadore Stein, Robert M. Sternburg, Henry C. Stickelmaier, C. B. Stiff, C. L. Stoddard, A. G. Stolte, Rollin K. Stone- brook, Joseph Stout, E. W. Sweigert. • Arthur Thaler, Raymond Thompson, James R. Thompson, E. R. Toerpe, A. L. Trebow, Edward Trunk. • J. J. Ungar, F. B. Unseld, Elmer C. Upton, Allen Usher, Ray Van Getson. • David B. Wallerstein, Leslie Walrath, Harry M. Warren, H. I. Wasserman, Isa- dore Weinshienk, Edwin Weisl, Ralph Wettstein, F. N. Weber, J. R. Wheeler, E. E. Whitaker, R. B. Wilby, Raymond Willie, Al Wilkie, Charles Winchell, Jerry Wins- berg, Paul Witte, Jack Wohl, Clare Woods, L. C. Worley. • George Zeppos, Jerry Zigmond, Adolph Zukor. Studios Buy Exhibits From Fair in Frisco San Francisco, Jan. 22. — Most of the studios have sent representatives to buy up dismantled exhibits, pavil- lions and furniture, now being sold or auctioned at Treasure Island. 'Go West9 Scores $13,000, Baltimore Baltimore, Jan. 22. — "Go West" drew $13,000 at the Century. "North West Mounted Police" tallied $15,000 at the Stanley on the second week. Estimated takings for the week end- ing Jan. 16 : "Go West" (M-G-M) CENTURY— (3,000) (15c-28c-44c) 7 days Gross: $13,000. (Average, $10,000) "Invisible Woman" (Univ.) KEITH'S-(2,406) (15c-28c-33c-44c) 7 days. Gross: $8,500. (Average, $9,000) "Hudson's Bay" (20th-Fox) NEW— (1,581) (15c-28c-3Sc-55c) 7 days, 2nd week. Gross: $7,000. (Average, $7,000) "North West Mounted Police" (Para.) STANLEY — (3,280) (15c-28c-35c-55c) 7 days, 2nd week. Gross: $15,000. (Average, $12,000) "Kitty Foyle" (RKO) HIPPODROME — (2,205) (15c-28c-39c-44c- 55c-66c) 7 days, 2nd week. On the stage: "Knick Knacks of 1941" with Lew Parker and Collette Lyons. Gross: $16,000. (Aver- age, $14,000) Agnew Shifts Paramount's Sales Force (.Continued from page 1) Oscar Morgan, manager of that divi- sion, will become short subjects and newsreel sales manager. J. J. Unger continues as manager of the domestic Eastern division. Canada, formerly a part of the division, becomes a sepa- rate sales territory. George A. Smith, former Pacific Coast district manager, is made Western division manager, succeeding Reagan. Hugh Braly, for- merly manager of the district now as- signed to Owen, succeeds Smith as Pacific Coast district manager. Two new sales districts are created by the realignment. They consist of the Philadelphia, Washington and Pittsburgh territories with Earle W. Sweigert, former Philadelphia branch manager, in charge, and a district comprising Denver, Omaha and Salt Lake City, for which a manager has not been selected yet. In addition, John F. Kirby, Atlanta branch manager, was named South- eastern district manager, succeeding Harold Wilkes, who is retiring tempo- rarily because of illness. E. B. Price, formerly New Orleans branch man- ager, will succeed Kirby at Atlanta, and Saul Frifield, formerly a Charlotte salesman, will succeed Price as New Orleans branch manager. The Eastern division will consist of 12 exchanges, taking in the territory from New England through Washing- ton, and west to Indianapolis. The Western division will include the bal- ance of the Middle West, the South and Far West, comprising 19 ex- changes. However, quotas for the two divisions will be about evenly balanced, Agnew said. 'Flight Command* at $9,500 in New Haven New Haven, Jan. 22. — "Flight Command" and "Street of Memories," at the Loew-Poli, tallied $9,500. "The Thief of Bagdad" and "Mexican Spit- fire Out West" took $6,500 at the Roger Sherman. Estimated takings for the week end- ing Jan. 16: "Comrade X" (M-G-M) "Jennie" (20th-Fox) COLLEGE— (1,499) (39c-50c) 7 days, 2nd week. Gross: $2,800. (Average, $2,700) "Flight Command" (M-G-M) "Street of Memories" (2fttb.-Fox) LOEW-POLI— (3,040) (39c-50c) 7 days. Gross: $9,500. (Average, $8,000) "Love Thy Neighbor" (Para.) "World in Flames" (Para.) PARAMOUNT— (2,348) (39c-50c) 6 days, return engagement. Gross: $3,500. (Aver- age, $4,000) "The Thief of Bagdad" (U. A.) "Mexican Spitfire Out West" (RKO) ROGER SHERMAN— (2,200) (39c-50c) 7 days. Gross: $6,500. (Average, $5,000) 30 in Projection School Toronto, Jan. 22. — Enrollment in the projectionists' school which has been created by the Ontario Gov- ernment for the standardised training of booth apprentices in a course of one year, has been closed at 30 it is announced from an official source. The number of students will be con- fined to 30 so that the market will not be flooded. 10 Motion Picture Daily Thursday, January 23, 1941 Comrade X' Feature Review GetS $20,000, > Los Angeles, Jan. 23. — "Kitty Foyle" and "Ellery Queen, Master Detective" led the field comparatively here, taking a total of $18,000 at two houses, $9,000 at the Hillstreet and > the same figure at the Pantages. "Cheers for Miss Bishop" tallied .,500 at the 4 Star. Estimated takings for the week end- ing Jan. 22: "Hudson's Bay" (ZOth-Fox) "Gallant Sons" (M-G-M) CHINESE— (2,500) (33c-44c-55c-75c) 7 days. Gross: $11,500. (Average: $12,500) "Cheers for Miss Bishop" (U. A.) 4 Star— (900) (44c-55c) 7 days. Gross: $6,500. (Average, $3,250) "Kitty Foyle" (RKO) "EJIery Queen, Master Detective" (Col.) 7 days HILLSTREET— (2,700) (33c- 44c -55c -75c) 7 days, 2nd week. Gross: $9,000. (Average: $6,500) "Hudson's Bay" (20th-Fox) "Gallant Sons" (M-G-M) LOEWS STATE— (2,500) (33c-44c-55c- 75c) 7 days. Gross: $15,500. (Average: $14,000) "Kitty Foyle" (RKO) "Ellery Queen, Master Detective" (Col.) 7 days PANTAGES— (3,000) (33c-44c-55c-75c) 7 days, 2nd week. Gross: $9,000. (Average: $7,000) "Love Thy Neighbor" (Para.) "Texas Rangers Ride Again" (Para.) PARAMOUNT— (3,595) (33c-44c-55c-75c) 7 days, 3rd week. Stage: Peter Lind Hayes & Fachonettes — Fid Gordon, Rube Wolf's Orchestra-Harry Fields. Gross: $14,000. (Average, $18,000) "Honeymoon for Three" (W. B.) "Here Comes the Navy" (W. B.) WARNER BROS. (HOLLYWOOD)— (3,- 000) (33c-44c-55c-75c) 7 days. Gross: $9,400. (Average, $14,000) "Honeymoon for Three" (W. B.) "Here Comes the Navy" (W. B.) WARNER BROS. (DOWNTOWN)— (3.- 400) (33c-44c-55c-75c) 7 days. Gross: $12,300. (Average, $12,000) 'Neighbor' $18,700 Washington's Best Washington, Jan. 23. — Despite a few days of cold, icy weather, grosses held up well, topped by Warners' Earle with $18,700 for "Love Thy Neighbor" and Ray Kinney's Orches- tra on the stage. Loew's Capitol took $16,500 with "Go West" and Johnny Downs on the stage. Estimated takings for the week ending Jan. 14-16: "Love Thy Neighbor" (Para.) EARLE — (2,200) (28c -39c -44c -66c -77c) 7 days. On stage: Ray Kinney & Orchestra, Bob Dnpont. Gross: $18,700. (Average, $15,000) "Comrade X" (M-G-M) LOEW'S PALACE— (2,300) (39c-55c) 7 days, 2nd week. Gross: $11,000. (Average, $10,000) "Kitty Foyle" (RKO) RKO-KEITH'S— (1,834) (39c-55c) 7 days, 3rd week. Gross: $10,000. (Average, $6,000) "Go West" (M-G-M) LOEW'S CAPITOL — (3.434) (28c-39c-44c- 66c-77c) 7 days. On stage: Johnny Downs, Collins & Peterson and others. Gross: $16,- 500. (Average, $16,500) "Land of Liberty" (M-G-M) LOEW'S COLUMBIA — (1,250) (28c-44c) 7 days. Gross: $4,000. (Average, $4,000) "Santa Fe Trail" (W. B.) WARNER'S METROPOLITAN — (1,600) (28c-44c) 7 days. Gross: $6,000. (Average $4,500) Close Deal on 'Berlin' Pathe Laboratories' Atlanta fran- chise holder, Ike Katz of Producers Releasing Corp., has closed a deal on "Beast of Berlin" with the Publix Wilby Kincey Circuit for their houses in North and South Carolina. Feature Review "Ridin' on a Rainbow" (Republic) C TARRING Gene Autry, this conforms to the formula used in the ^ making of previous Autry vehicles, which, as indicated by ballot, proved profitable for many showmen. Here the singing sagebrush star has splendid support, particularly by a vivacious and talened youngster, Mary Lee, who also sings. Outdoor melodramatics and music are interwoven in the film with Autry seen as the personable cowboy who vanquishes the lawbreaker. The picture opens with him depositing a large sum of money in a local bank, which is subsequently robbed and its president murdered. Discov- ering one of the robbers to be a showboat entertainer, Autry joins the show and is finally led to the money and the outlaws. The latter are brought to justice after a battle with the ranchers. Autry sings often and pleasantly, his rendition of the title song being the most effective. Smiley Burnette supplies the comedy. Others in the cast are Carol Adams, Ferris Taylor, Georgia Caine, Bryan Foul- ger and Guy Usher. Running time, 79 minutes. "G."* denotes general classification. 'Mothers' at $7,000 Leads Indianapolis Indianapolis, Jan. 23. — ■ "Four Mothers" and "Street of Memories" did $7,000 at the Indiana and Ray- mond Scott's band on the stage and "Michael Shayne, Private Detective" on the screen brought the Lyric $9,400. The weather was mild. Estimated takings for the week end- ing Jan. 17 : "The Bank Dick" (Univ.) "One Night in the Tropics" (Univ.) CIRCLE— (2,800) (28c-33c-44c) 7 days. Gross: $5,800. (Average, $6,000) "Four Mothers" (W. B.) "Street of Memories" (20th-Fox) INDIANA — (3,200) 28c-33c-44c) 7 days. Gross: $7,000. (Average, $5,500) "Go West" (M-G-M) "Land of Liberty" (M-G-M) LOEW'S — (2,800) (28c-33c-44c) 7 days. Gross: $6,500. (Average, $7,000) "Michael Shayne, Private Detective" (20th- Fcx) LYRIC — (2,000) (28c-33c-44c) 7 days. Stage: Raymond Scott and orchestra. Gross: $9,400. (Average, $8,000) Detroit Fight Keeps New Royal Closed Detroit, Jan. 23. — Operators of the new $350,000 Royal Theatre and of- ficials of the local operators' union are stalemated in their dispute over the hiring of a stage maintenance man. The dispute prevented the sched- uled opening of this 2,500-seat the- atre on Dec. 27, when 3,000 patrons were disappointed. The theatre has been dark since. The patrons were given leaflets ex- plaining the management's stand that a maintenance man at a salary of $78 a week was not necessary, while the union claims one is needed. The two $105-a-week operators refused to go to work after the management refused to hire the stage hand. Dismiss Republic Suit Dismissal of the suit of Republic Pictures Corp. of Delaware against the Federal Film Co., Inc., and Frank J. Whittle was ordered yesterday by Federal Judge John C. Knox for failure to prosecute. Republic has claimed that the defendants had mis- appropriated eight of the plaintiff's features and two serials and were dis- tributing them without authority. Chaplin Suit Dismissed The suit of Film Sonores Tobis Societe Anonyme against Charles Chaplin and the Charles Chaplin Film Corp. for alleged plagiarism of the plaintiff's film, "A Nous La Liberte," in "Modern Times," has been dis- missed by Federal Judge John C. Knox for failure to prosecute. 'Nanette* and Raft $20,000, Cleveland Cleveland, Jan. 23. — George Raft on the stage of the RKO Palace aided "No, No, Nanette" to score $20,000. "Flight Command" at the State did $13,000. Estimated takings for the week end- ing Jan. 16: "Santa Fe Trail" (W.B.) ALLEN— (3,000) (33c-39c-47c) 11 days, 2nd week. Gross: $6,000. (Average, 7 days: $4,000) "Kitty Foyle" (RKO) WARNERS' HIPPODROME — (3,800) (33c-39c-47c) 11 days. Gross: $18,000. (Av- erage, 7 days: $11,000) "No, No, Nanette" (RKO) RKO PALACE— (3,100) (33c-47c-55c) George Raft and show on stage. Gross: $.'0,000. (Average, $13,500) "Flight Command" (M-G-M) LOEW'S STATE— (3.500) (33c-39c-47c) 7 days. Gross: $13,000. (Average, $11,000) "Comrade X" (M-G-M) LOEW'S STILLMAN— (1.900) (33c-39c- 47c) 7 days. 2nd week. Gross: $5,000. (Av- erage, $4,000) Comerford Estates Boost Pa, Tax Total Scranton, Pa., Jan. 23. — Inheri- tance tax collections in Lackawanna County during 1940 nearly doubled the 1939 total as a result of payments by the estates of the late M. E. Com- erford and M. B. Comerford. The estate of the late M. E. Comerford made payments of approximately $101,000 during 1940. The second largest payment of 1940 was made by the estate of the late M. B. Comer- ford, former general manager of Com- erford Theatres, Inc., who died in 1935, and totaled $31,619.54 during 1940 in addition to earlier payments totalling $46,035. 'Le Moko' to World "Pepe Le Moko," French film di- rected by Julien Duvivier, will follow "The Baker's Wife" into the World Theatre. 'A nzona Is Hit in Boston With $33,500 Boston, Jan. 23. — "Arizona" and "Angels Over Broadway" scored a to- tal of $33,500 at two theatres, with $15,000 at Loew's State and $18,500 at Loew's Orpheum. "Second Cho- rus" and "Michael Shayne, Private Detective" took $16,500 at the Metro- politan. The weather was cold and the "Ice Follies" offered competition. Estimated takings for the week end- ing Jan. 15-17 : "Give Us Wings" (Univ.) "One Night in the Tropics" (Univ.) "The Bank Dick" (Univ.) KEITH BOSTON — (3,200) (25c-35c-40c- 55c) "Give Us Wings" 4 days with vaude- ville including Marty May and Robbins Brothers and Marge. "Tropics" and "Bank Dick" 3 days. Gross: $7,000. (Average, $8,000) "Kitty Foyle" (RKO) "Saint in Palm Springs" (RKO ) KEITH MEMORIAL— (2,907) (25c-35c- 40c-55c) 7 days, 2nd week. Gross: $16,000. (Average, $16,000) "Second Chorus" (Para.) "Michael Shayne, Private Detective" (20th-Fox) METROPOLITAN — (4,367) (25c-35c-40c- S5c) 7 days. Gross: $16,500. (Average, $15,- 500) "Four Mothers" (W. B.) "Texas Rangers Ride Again" (Para.) PARAMOUNT— (1,797) (25c-35c-40c-55c) 7 days. Gross: $8,000. (Average, $7,500) "Four Mothers" (W. B.) "Texas Rangers Ride Again" (Para.) FENWAY — (1,320) (25c-35c-40c-55c) 7 days. Gross: $4,000. (Average, $4,500) "Love Thy Neighbor" (Para.) "Lady with Red Hair" (W. B.) SCOLLAY— (2,500) (25c-44c-55c) 7 days. Gross: $3,800. (Average, $4,000) "Arizona" (Col.) "Angels Over Broadway" (Col.) LOEW'S STATE— (3;000) (25c-35c-40c-55c) 7 days. Gross: $15,000. (Average, $12,000) "Arizona" (Col.) "Angels Over Broadway" (Col.) LOEW'S ORPHEUM— (2,900) (25c-35c-40c- 55c) 7 days. Gross: $18,500. (Average, $17,500) 'Foyle' at $12,700 Strong in Buffalo Buffalo, Jan. 23. — "Kitty Foyle" was strong at the Twentieth Century with $12,700. "Flight Command" and "Keeping Company" drew $11,400 at the Great Lakes. Estimated takings for the week end- ing Jan. 18 : "Chad Hanna" (20th-Fox) BUFFALO— (3,489) (30c-35c-60c) 7 days. Will Bradley and his orchestra on stage with Ray McKinley, Rosemary Lane in person, revue featuring Freddie Slack, Lynn Gardner, Jimmy Valentine, Chick & Lee and George Tapps. Gross: $15,600. (Aver- age, $12,000) "Flight Command" (M-G-M) "Keeping Company" (M-G-M) GREAT LAKES— (3,000) (35c-55c) 7 days. Gross: $11,400. (Average, $7,500) "Love Thy Neighbor" (Para.) "Texas Rangers Ride Again" (Para.) HIPPODROME— (2,100) (30c-50c) 7 days. 2nd week. Gross: $5,800. (Average, $6,800) "Kitty Foyle" (RKO) TWENTIETH CENTURY— (3,080) (30c- 50c) 7 days. Gross: $12,700. (Average, $7,500) "Arizona" (Col.) "I Can't Give You Anything But Love" (Univ.) LAFAYETT E — (3,000) (30c-40c) 7 days, 2nd week. Gross: $5,800. (Average, $6,300) Settle Juno Action Suit of the Juno Theatre Corp., operator of the Bedford Theatre, Manhattan, against Soteros D. Co- calis and a number of Cocalis theatre corporations were settled yesterday in the New York Supreme Court. The plaintiff had sued for $9,748. 10 Motion Picture Daily Friday, January 24, 1941 Theatre Men Alliance With Ascap Talked Off the Antenna WEDNESDAY night's performance of the local "Pot o' Gold" show over the three New York independent stations ended a brief two-week feud, when WHN had the winner on its nightly "Cinderella" program. WMCA and WNEW, as well as WHN carry the program but WNEW succeeded in getting to the winner first on the initial two weeks. The agreement now provides that each of the stations shall take a turn in obtaining the winner's appearance on the air. • • • Construction work on the new transmitter for WTAD, Quincy, 111., has been completed and the station, it is stated by officials, will be able to go full time within the next week or 10 days. Cost of the new trans- mitter is estimated at between $45,000 and $50,000. WTAD joins CBS on Feb. 1. • • • Purely Personal: Eleanor Roosevelt will be guest on Bill Stem's "Sports Newsreel of the Air" over NBC-Blue Sunday at 9 :45 P.M. . . . Ernest Colling of the NBC press department has sold five Songs to BMI . . . Tom Bennett, proditcer of "Chamber Musk Society of Lotvcr Basin Street", has been forced to sever his connection with that show because of NBC's require- ment that he devote himself exclusively to composing original music. Joseph Thompson will succeed him on the program . . . Burton Lewis, special effects director for Walt Disney's "Fantasia", will be interviewed by David Lowe over WNEW at 12:45 this afternoon . . . Daniel Russell, NBC announcer, has resigned to do public relations zvork for Pan American-Grace airlines . . . James McConnochie, II, has joined Radio House, Inc., as business manager . . . Bill Bcal, KDKA, Pittsburgh, continuity editor, is the father of a> son. • • • A new show to be called "No Politics" has been announced by W. B. Lewis, CBS vice-president in charge of broadcasts. The program will feature Congressmen speaking on national problems and the broadcast will be in a form similar to a regular session of the House of Representa- tives. It will be heard Saturdays at 1:30 P.M., beginning Feb. 1. • • • Program News: California Fruit Growers Association will sponsor the 7:15-7:30 A.M. period of Phil Cook's "Morning Almanac" over WABC for 13 days, beginning tomorrow . . . Johannes Steel, WMCA commentator, will start a new series over WOR Sunday. After two Sundays on sustaining time, he will be sponsored Sundays at 9 :30 P.M. and Thursdays at 10 P.M. by Aspertane . . . George Burns and Gracie Allen will broadcast from Chicago Feb. 3 and will be heard from New York for the next five weeks . . . Bob Hawk will start a seven-week swing through the South beginning Sunday with "Take It or Leave It" . . . "Chicago Round Table" will mark its 10th birthday with its Feb. 2 broadcast over NBC-Red. B. M. I. Is Charged With Plagiarism Hollywood, Jan. 23.— First plagiarism suit to be filed against B.M.I. in this area was brought in Superior court here today by Charles Rosoff, song writer, who asked $50,000 damages of B.M.I, and Jack Stanley, or- chestra leader, whose song, "They Didn't Believe Me," he charged plagiarized his un- published song, "That Gypsy Moon." (Continued from page 1) have been reported as under way in a number of other cities. Ascap officials said that while they were willing to cooperate to the extent of their ability, they regarded the movement as one which concerned music publishers, primarily. They added, however, that they regarded an Ascap-theatre alliance against B.M.I, as a "natural one in the present con- flict of interests." "Radio is in competition with the theatres," one Ascap official asserted. "Moreover, if its offshoot, B.M.I., is successfully established, theatres may be sure that a music tax will be levied against them eventually by that organization. In 'selling' Ascap music in their theatres exhibitors have an added factor in offsetting radio compe- tion and winning . new business for themselves." Pittsburgh and Chicago theatres, it was said, are turning to the use of song slides and community sings, while advertising that the music which can no longer be heard on the radio is still available in the theatres. Ascap officials observed that the 65,000,000 to 75,000,000 weekly motion picture audience is equally as attrac- tive to them as the radio audience. F.C.C. to Look at Television Today (Continued from page 1) to Philadelphia, and returned here, a distance of about 190 miles in all. On Saturday, CBS will show color tele- vision with a live studio pickup. The NTSC, organized last Septem- ber from all viewpoints in the indus- try, to draft standards which will be acceptable to the FCC is prepared to make a report on all phases of tele- vision engineering Monday. Although the hoped for unanimous agreement has failed to materialize, it is under- stood that the NTSC will base its report on substantial majority agree- ment on all principal points. The details of the report are being withheld but it is understood that there will be little variance from the standards proposed by the Radio Manufacturers Association last year. At that time, the FCC took the posi- tion that standards were still too un- certain to permit commercialization of the new medium. In calling for Mon- day's report, the FCC set forth that it was not seeking recommendations for future action from the NTSC but merely wanted an account of progress up to this point. An indication that DuMont, who was a major factor in having stand- ards rejected last year, is still not satisfied, was received yesterday. In a statement, DuMont declared tele- vision standards now used are limited to audiences in metropolitan areas and that rural audiences "are doomed to go without television entertain- ment." He contended that this was due to the fact that television is Sellout of 'Wind' Leads Broadway (Continued from page 1) run. At the Roxy, "Hudson's Bay" was good for an estimated $33,400 in its second week, plus a stage show, with "Tall, Dark and Handsome" going in yesterday. At the Rialto, "Convoy" drew an estimated $7,500 for the week and was followed by "Pride of the Bowery." The Stage show during the run of "Virginia" at the Paramount, which starts next Tuesday evening, will in- clude Glenn Miller's band, Dean Murphy, Cass Daley, Four Modern- aires, Ray Eberle and Dorothy Claire. The Tuesday evening premiere will be held for the benefit of the Maple Leaf Fund, national Canadian organ- ization for British war relief. Ray- mond Massey will act as master of ceremonies that evening with Anton Dolin and Raoul Jovin as special guests. Madeleine Carroll will speak to the audience by telephone from Hollywood. limited to the ultra-short wave fre- quencies. DuMont contended that by using his new rentitive tube, a satis- factory picture could be obtained on 325-line definition with 15 frames per second thus cutting down the neces- sity of using a 6,000,000 cycle band to 1,000,000. He said that such reduc- tion would make possible use of longer wave frequencies and thus make service over wider areas pos- sible. Balaban Stresses Television's Value (Continued from page 1) big special events will be included in the list of programs that we may televise," Balaban concluded. The television display at the Drake Hotel in connection with the testi- monial dinner to Balaban, attracted all visitors, especially Stanton Grif- fis, Adolph Zukor, Y. Frank Free- man, Neil Agnew and others who par- ticipated in the experimental test, which was broadcast by means of a mobile unit from one room to an- other. Approximately 300 business asso- ciates and friends paid tribute to Balaban tonight on the occasion of his fifth anniversary as president of Paramount. Every ranking Paramount home of- fice executive, heads of the Para- mount affiliated circuits from every section of the country, former Chi- cago associates, 55 winners of the Paramount theatres' business drive for Balaban, conducted from Thanksgiv- ing to Christmas, and numerous friends of the Paramount executive comprised the gathering. Described as "strictly a family affair," reporters were requested not to transmit stories on speeches or other parts of the program. A brief portion of the program, however, was telecast over Station W9XBK, the Balaban & Katz tele- vision station here. RKO Sales Setup To Remain As Is Under the Decree (Continued from page 1) unlikely also, except for the addition of a number of sales- men necessary to handle the increased sales work under the decree. It is estimated that RKO will re- quire 45 to 60 additional men for this purpose. In many cases, bookers and office managers will be promoted to fill these requirements. Company policies and plans undel decree operations were outlined to the district managers at the meeting by George J. Schaefer, president; Ned E. Depinet, vice-president and dis- tribution chief, and A. W. Smith, gen- eral sales manager. The RKO sales organization has been centralized throughout for the past year, matching the pattern fol- lowed by M-G-M and Paramount in the realignment of their sales staffs. With Depinet at the head of distribu- tion and Smith as general sales man- ager, the RKO organization has Rob- ert Mochrie in charge of the East and Cresson Smith in charge of the West. In addition, compact district organi- zations are under the supervision of the two division heads. Expect Neb. Bills To Tax Industry Omaha, Jan. 23. — Described as a "luxury tax" bill, measures taxing both exhibitors and distributors will be introduced in the Nebraska legis- lature by State Senator Neubauer, who has already made the bills pub- lic. The legislation would place a 10 per cent tax on all tickets to theatres and other amusement places. Distrib- utors, under a companion bill, would be taxed an outright $1,000 occupa- tional tax, and in addition $1 on each reel of film brought into Nebraska. Exhibitors would be prohibited from "laying in" large stocks of films, actually on order, to escape the act before it goes into effect. The spon- sor figures the tax on exhibitors and distributors would raise about $500,- 000 a year. Coslow Signs Rogers Buddy Rogers has been signed for a series of musical subjects for Sam Coslow's Cameo Productions, designed for the Roosevelt-Mills Soundies Corp. COMPLETE THEATRE LIBRARY 1940-41 edition now in circulation. Worldwide in scope. Completely covers every branch of the business. Who's Who section alone records over 11,000 biographies. The indus- try's most exhaustive refer- $3 25 ence manual postpaid Motion Picture Sound Engineering — the most advanced sound manual to date. Prepared by the country's leading sound engineers. 547 pages, explaining every detail of ap- paratus. Profusely illustrated with diagrams, tables, charts $6.50 and graphs postpaid ■ Here is a library of factual information that meets an urgent need. Authoritative manuals expressly prepared for theatremen as practical aids in their daily routine. Glance over the titles I There are books here that should be on your desk now— books that will save you time, effort and expense in the voluminous information they will put at your fingertips. Theatre Management Record is the most simplified book- keeping system yet devised for the exhibitor! No accounting experience necessary. Indi- vidual sections for all operat- ing data. Full tax informa- tion always readily $2.00 available postpaid The second revision, sixth edition of the Bluebook. Supplemented with sound trouble shooting charts and alphabetical index. 700 pages. A quick trouble-shooter and a sure solution to all projection $7 25 problems postpaid A practical treatise devoted to all the diverse elements of theatre air- conditioning and its operation, includ- ing codes and ordinances regulating installation. An indispensable manual that all theatremen will $4.00 postpaid welcome. QUICLEY BOOKSHOP ROCKEFELLER CENTER, NEW YORK "1 5th WEEK Radio City Music Hall THAT FILLY FROM PHILLY! WHEN you play "Philadelphia Story"— Remember that your Box-office possibilities Are unlimited too! 5 weeks at Radio City Music Hall 4 weeks in Detroit, Cincinnati 2 weeks in Reading, Rochester, Providence, Louisville, Milwaukee — Extended runs everywhere ! Hang on to that Filly from Philly — She's running wild ! Alert, Intemgei and A 1 Inmspcm >ab>6 to the 1*5 cjtion Picture Industry MOTION PICTURE DAILY 4PL. 49. NO. 18 NEW YORK, U.S.A., MONDAY, JANUARY 27, 1941 TEN CENTS Hied Meeting To Set Attitude On the Decree Board Convening Today In Washington Washington, Jan. 26.— National Allied directors will meet here to- morrow for an annual meeting which will be devoted largely to consid- eration of the as- sociation's future attitude toward the consent de- cree, the Fed- eral tax situation, cooperation with the national de- f e n s e program and the Ascap situation. Abram F. Myers, board chairman and general counsel, will preside. The first ses- sion, tomorrow morning, will be de- voted to the decree, involving the question whether Allied shall seek further legislation, Federal or state, to eliminate block booking and bring about divorcement of exhibition. At the same time, consideration will be (Continued on facte 4) Abram Myers 20th-Fox Starting 18 New Film Scripts Hollywood, Jan. 26. — 20th Century- Fox has assigned writers to start work on scripts for 18 of the com- pany's productions for next season. The properties, all slated for the 1941-'42 schedule are: "Flight Sur- geon," "School for Soldiers," "Stand Up and Cheer," "Studio Club," "To- morrow Never Comes," "Private Nurse," "The Golden Touch," "The Last of the Duanes," "The Light of Heart," "Lucky Baldwin," "Man With a Shovel," "Charley's Aunt," "Benjamin Blake," "Lazy Galahad," "The Dead Take No Bows." "Blind Man's House," "Remember the Day" and "Coney Island." Reviewed Today Feature reviews on "So Ends Our Night" and "Along the Rio Grande" are reviewed today on page 13. Asks Music Fight Inquiry by House Washington, Jan. 26. — In- vestigation by a special House committee of the fight be- tween Ascap and the Na- tional Association of Broad- casters was sought in a reso- lution over the weekend by Rep. Francis J. Myers. The resolution was referred to the Rules Committee which is not expected to take any action unless strong support is shown. Bernhard to Talk At Quigley Awards Lunch Tomorrow An address on showmanship in the theatre by Joseph Bernhard, head of Warner Theatres, will feature the seventh annual Quigley Awards lunch- eon at the Hotel Astor tomorrow. Martin Quigley will preside at the luncheon, which will follow the judg- ing for the awards in the exploita- tion competition conducted by Mana- gers Round Table of Motion Picture Herald. Prominent among the guests will be exhibition executives from out-of- town here for the judging. These in- clude Edward M. Fay, Providence ; Nat Holt, Cleveland; Earl J'. Hud- son, Detroit; Charles E. Kurtzman, (Continued on page 4) FOREIGN ROYALTY BILL INTRODUCED Purpose Is to Free American Firms from Payments Where Currency Restrictions Enforced Washington, Jan. 26. — A bill to protect American owners of copy- rights, patents and secret formulas from being required to pay royalties to foreign nationals if sums due the American owners from such coun- tries are owing and unpaid because of currency embargoes or other foreign exchange restrictions, has been introduced in the House and Senate. The bill is regarded as of consider- able significance to the American mo- tion picture, sound equipment and music industries. Under its provisions, Amer- ican companies which suffered losses of property through con- fiscation or destruction abroad, would be in a position to have such losses applied against any moneys which they might owe to copyright or patent owners in such countries, or to recover such losses through funds owed in such countries by other Americans. The bill, which has been referred to the House Committee on Patents and the Senate Interstate and Foreign Commerce Committee, provides that Americans who owe money to foreign (Continued on page 4) Miami's Show Folks See 'Night' Premiere Miami Beach, Jan. 26. — A repre- sentative audience from Miami's show folks colony mingled with society peo- ple Friday night at the world premiere of the David Loew-Albert Lewin pro- duction, "So Ends Our Night," at the Lincoln. It was a typical Hollywood open- ing, with all the fanfare of surging crowds, sweeping lights, radio inter- views and program broadcasts. Glenn Ford made a personal appearance on the stage of the theatre at the close of the showing. Don Lanning and Sammy Walsh acted as masters of ceremonies for thousands gathered along Lincoln Road, outside the the- atre, and on the radio. Among those attending in addition to Ford and Anna Sten. feature (Continued on page 4) Radio Manufacturers Won't Change Television By EDWARD GREIF After five months of intensive re- search and investigation, the National Television Systems Committee today in Washington, it is reported, will recommend basically the same televi- sion standards which the Radio Man- ufacturers Association recommended early last year and which the FCC rejected as not sufficiently advanced. The array of engineering opinion, with DuMont, Philco and Zenith opposed in part to these recommendations, con- tinues almost exactly as it was one year ago, it was reported. Although the NTSC recommenda- tions were approved by a very sub- stantial majority, just as almost the entire industry agreed last year on the RMA standards, there is still a very vigorous minority dissent on three issues. These are the number of lines per frame and frames per sec- ond ; vertical as opposed to horizontal polarization and synchronization of signals. Despite the development of color by Dr. Peter Goldmark during the past few months, the NTSC ap- pears substantially agreed that this development has no immediate effect on the setting of standards. Although the FCC, in setting today as the date for a meeting with the NTSC, indicated that it was primarily- interested in a socalled progress re- port from the committee, rather than a recommendation as to standards to be fixed, the NTSC will present to the commission today a complete set of standards which it thinks should be adopted for television. FCC Chairman James L. Fly on (Continued on fiatie 14) 4Big 5' Schine Suit Dismissal Monday The Government's stipulation for dismissal of the five consenting com- panies from the anti-trust suit against the Schine Circuit, pending in Fed- eral court at Buffalo, is scheduled to be entered there next Monday. Entering of the stipulation auto- matically eliminates the five compa- nies as defendants in that action and completes their elimination from all pending Government anti-trust suits against the industry. Similar action has been taken by the Government during the past two months in the New York, Oklahoma City and Nash- ville suits. With the elimination of the "Big Five" from the Buffalo suit, the Gov- ernment will enter its amended com- plaint against the "Little Three," Col- umbia, United Artists and Lhiiversal, and the Schine Circuit. Conversations looking to the possibility of a consent decree in the Buffalo action have been held between Government attorneys and Willard S. McKay, attorney for the Schine Circuit. 2 Motion Picture Daily Monday, January 27, 194: Personal Mention Mobile Units Used For British Troops London, Jan. 26. — The first formal announcement by the British War Of- fice here confirms the1 information, published in Motion Picture Daily earlier this month, that the first mo- bile film units for troops are already in operation with the cooperation of the industry. At a recent joint meeting rep- resentatives of the War Office, the Cinematograph Exhibitors Associa- tion and the Kinematograph Renters Society (distributors) consolidated further proposals and arrangements for providing screen entertainment for the British armed forces in outlying districts. It is stated that 10 mobile screening units already are in use with pictures supplied by the industry. Flu Epidemic Drops Off in K. C. Territory Kansas City, Jan. 26. — One box- office deterrent of the past six weeks now is letting up — the flu. Mild in form, it has been widespread, and has reached almost epidemic proportions here and in the Western Missouri and Kansas territory. The Kansas health department has reported that the epidemic had passed its peak. A total of slightly over 2,000 cases were re- ported for the week ended Jan. 18. Form Atlanta Firm For Colored Films Atlanta, Jan. 26.— Consolidated National Film Exchanges has been formed here by Ted Toddy of Dixie National Pictures and John Jenkins of Million Dollar Pictures. The new company will distribute the product of the two producing outfits, which now have on hand eight films with each scheduled to make another four this year. All the pictures involved have all-colored casts. The distributor is to have offices in Dallas, New York, Chicago and the West Coast in ad- dition to here. Dixie Towns Hold 'Virginia' Premiere Richmond, Jan. 26. — A five-city premiere of Paramount's "Virginia" was held Friday night, with Tom Rutherford, native of this city ; Stir- ling Hayden and Carolyn Lee mak- ing a round of personal appearances and radio broadcasts. The picture, in which the three ap- pear, made its bow simultaneously in Richmond, Charlottesville, Newport News, Norfolk and- Lynchburg. Party for Ungerfeld Newark, N. J., Jan. 26. — Robert Ungerfeld, who has resigned as man- ager of the RKO Proctor's here, was given a testimonial dinner on Fri- day night at the Newark Athletic Club. He has been replaced by Ed- ward Sniderman, publicity man at the house some years ago. Flu Hits Detroit Detroit, Jan. 26. — Flu and measles epidemics, in a mild form, in Detroit have contributed in large measure to a 10 per cent attendance drop in lead- ing downtown theatres and 20 per cent in the neighborhood houses, the- atre officials here estimated. BARNEY BALABAN, Stanton Griffis, Leonard Goldenson, Austin C. Keough and Leon Netter returned from Chicago over the week- end. Mr. and Mrs. Max Cohen will leave for Florida on Wednesday. Mr. and Mrs. Elwin L. Weisl have left Chicago for California. • Tom Connors, of M-G-M, returns today from an upstate business trip. William F. Rodgers and Lowell Calvert are back in town. John Moroney, of Dallas, is ex- pected here tomorrow. Frank Alstock is in California. • John Joseph, director of adver- tising and publicity for Universal, will leave today for Washington with Deanna Durbin, and from there will go to Florida. • Louis Honig, real estate and in- surance manager for Fox Midwest in Kansas City, has been elected presi- dent of the Broadway Association there. L. M. Crawford, retired theatre owner of Kansas, is ill at St. Francis Hospital in Wichita. • Joseph Leon, Columbia salesman in Philadelphia, will leave this week for a Miami vacation. Shea Managers Are Shifted by Grainger E C. Grainger, president of the Shea Circuit, has disclosed a num- ber of manager changes which he made during a recent trip through Pennsylvania and Ohio. Duke Prince, manager of the Ohio and the Strand. Marietta, O., has been transferred to Zanesville, O., as assistant to E. J. Hiehle, general manager of the Quimby, Grand and Imperial. He has been succeeded by Joseph Scanlon, who managed the- atres in Jamestown, N. Y., and in Bellevue and Clyde, O. Raymond C. Trubey, formerly of Dover, O., has been shifted to Ash- tabula, O, as assistant to Dan Gil- hula, city manager. Gordon Kearsey, chief of service at the Pittsburgh in Pittsburgh, has been promoted to as- sistant manager of that theatre. Other changes include the transfer of E. J. Fahey, formerly in charge of the State and the Tremont, Nashua, N. H, to Manchester, N. H., to take charge of the State, Palace, Strand and Crown in that city. Fenton Scribner, formerly Manchester the- atre manager, has replaced Fahey. Hays Recovering Will H. Hays was reported over the weekend as recovering from his recent attack of influenza and may return to his office within a few days.' He is scheduled to leave for the Coast at the end of the week. GABRIEL PASCAL is en route here from Lisbon on the Exeter, bringing with him a print of "Major Barbara." Herbert Bayard Swope leaves soon for Florida. Phil Engel, Warner exploiteer, left for New England over the week- end. • Tay Garnett, who was stricken with flu and pneumonia in Lincoln, Neb., during the premiere of "Cheers for Miss Bishop" which he directed, recovered sufficiently to return to the Coast over the weekend. He was ac- companied by Mrs. Garnett and his sister-in-law, Miss May Atherton. • Robert Young, 20th Century-Fox player, will arrive from the Coast to- morrow en route to Washington to attend the President's Birthday Ball. • Wallace Beery and Carol Ann Beery are here from the Coast for a week's visit. Clarence Nash, the "voice" of Donald Duck in the Walt Disney short subjects, is en route to New York from the Coast for a brief vaca- tion here. • Edgar Blumstein, son of Abe Blum stein, of the 20th Century-Fox New York exchange, is the father of a seven-pound daughter, born to Mrs. Blumstein at Beth David Hospital Friday. Ginger Rogers Is Guest at RKO Party Ginger Rogers was guest of honor at a cocktail party given by RKO in the Starlight Roof of the Waldorf- Astoria Hotel on Friday afternoon. With her was Christopher Morley au- thor of "Kitty Foyle," Miss Rogers' starring film. Among those attending were : George Schaefer, Ned E. Depinet, W. G. Van Schmus, Gus Eyssell, A. W. Smith, Jr., Robert Mochrie, A. A. Schubert, Michael Poller. S. Barret McCormick, Rutgers Neilson, Thomas P. Durell, Frederick L. Ehr- man, John Whitaker, Florence Lake, Vladimir Lissim, Charles Boasberg, Sol Sachs, Gus Schaefer, Max Weste- bee and R. K. Hawkinson. Academy Nomination Ballots Are Mailed Hollywood, Jan. 26. — The Acad- emy of M. P. Arts and Sciences over the week-end mailed nomination bal- lots for the 13th annual awards of the Academy. Voting for entries will close Feb. 5. Final ballots will be issued Feb. 10 and the tentative date for the banquet has been set for Feb. 27. Williams Suffers Stroke Omaha, Jan. 26.— Charles E. Wil- liams, president of M. P. T. O. of Nebraska and member of the board of M. P. T. O. A., suffered a stroke here yesterday. He is over 70 years old. His condition was reported as "fair" last night. Newsreel Night Is Tried in Cleveland Cleveland, Jan. 26.— "News- reel Night" is an attraction offered by Manager Marvin Samuelson of the Colony Theatre in suburban Shaker Square. Several timely news- reelp are combined into a special half-hour program by Samuelson and presented in addition to the regular fare on Thursday nights. If j proves popular it will becomV a weekly event. Meeting on Defense In Phila. Tomorrou Philadelphia, Jan. 26. — Han- Brandt will head the list of speaker at an all-industry meeting in the in terests of national defense to be hel Tuesday morning at the Broadwoci Hotel. A plan for industry cooperai tion in the Government program will be presented. Jay Emanuel heads tb local committee for the meeting. Defense Results in 6 K.C. Area Houses Kansas City, Jan. 26.— Defens operations have resulted in the star of construction or reopening of si: theatres in the Kansas City territon Fox Midwest plans a 1,500-sea suburban house at Wichita, airplan factory center ; T. J. Ghosen wil build a 500-seat theatre at Waynes ville, Mo., near Fort Leonard Wood Midwest Theatres, Inc., has purchase* the Opera House at Junction Cit> Kan., near Fort Riley; H. J. Griffit! has reopened the Cozy at Junctio City, Kan., long dark, and the Arm| is building two frame theatres neaj Junction City. Philadelphia Dinner To Weshner Tonight Philadelphia, Jan. 26. — Jay Eman uel is head of the Variety Club com mittee sponsoring a testimonial din ner tomorrow at the Bellevue-Strat ford Hotel for David Weshner, for mer local Warner Theatres executiv' and now director of exploitation fo United Artists. No seating arrange ment will be used, the dinner, at $! per person, being limited to 300 Samuel Stiefel is in charge of the en tertainment. I MOTION PICTURE DAI LY (.Registered U. S. Patent Office) Published daily except Saturday, Sunday an holidays by Quigley Publishing Companyt Inc., 1270 Sixth Avenue, Rockefeller Center New York City. Telephone Circle 7-31 00 Cable address, "Quigpubco, New York." Mar tin Quigley, Editor-in-Chief and Publish Colvin Brown, Vice-President and Gener Manager; Watterson R. Rothacker Vi President; Sam Shain, Editor; Alfred Finestone, Managing Editor; James Cron, Advertising Manager; Chicago Bureai 624 South Michigan Avenue, C. B. O'Neil Manager; Hollywood Bureau, Postal Unio Life Building, William R. Weaver, Edit London Bureau, 4 Golden Square, Lond Wl, Hope Williams, Manager, cable addres "Quigpubco, London." All contents cop righted 1941 by Quigley Publishing Com pany, Inc. Other Quigley publication Motion Picture Herald, Better Theatre* International Motion Picture Almanac afll Fame. Entered as second class mattenj Sept. 23, 1938, at the post office at NeJ York, N. Y., under the act of March 11 1879. Subscription rates per year $6 in thi Americas and $12 foreign. Single copies lfcH And now he takes the N. Y. critics! TALL, DARK and HANDSOME K A RIOT AT THE ROXV! -k.» . Daily News A NATURAL! — N.Y. Daily Mirror ONE OF THE MOST AMUSING COMEDIES IN A LONG TIME! -N Y . Times c A FULL MEASURE OF ENTERTAINMENT! — N. Y. Herald Tribune SUCK! SMART! YOU'LL FIND IT FUN! ! — N. Y. Journal -American EXCELLENT! IT IS A POWERFUL CLICK! — N. Y. Post GAY, FRESH AND FUNNY! -n. v . World -Telegram 4 Motion Picture Daily Monday, January 27. 1941 Allied Meeting To Set Attitude On the Decree (Continued from page 1) given the cooperation to be extended the Department of Justice in han- dling complaints. The board also is to study the tax situation, with a view to determin- ing the attitude to be adopted with respect to further changes in the Federal admissions levy, and will make a study of the national defense program for the purpose of deciding what cooperation can be extended by the independent exhibitors. The Ascap situation, and the atti- tude of that organization and BMI toward exhibitors, will be considered, and judgment will be reached as to whether the theatre owners should seek better terms by direct approach or join in the fight between the two societies. Unfair competition, includ- ing that of non-theatrical films and coin machines also is scheduled tor discussion. The annual dinner, this year in honor of President H. A. Cole, will be held tomorrow night and officers for the current year will be elected Tuesday, at which time also the board will take formal action acknowledging the efforts of former Senator Matthew M. Neely to the independent exhibi- tors. Among those from whom reserva- tions have been received are W. L. Ainsworth, Fond du Lac, Wis.; Fred A. Beedle, Canonsburg, Pa.; A. C.Berkholtz, Milwaukee; Ray Branch, Hastings, Mich.; Col. H. A. Cole, Dallas ; Joseph Conway, Philadelphia ; Glen Cross, Battle Creek, Mich. ; Roy E. Harrold, Rushville, Ind. Walker Says Allied Brought on Decree Lampasas, Tex., Jan. 26. — Allied States Association was charged with responsibility for the industry consent decree, through years of recourse to Federal and state legislative action and Department of Justice complaints, by Roy L. Walker, president of the Theatre Owners Protective Associa- tion of Texas, an M. P. T. O. A. af- filiate, in a bulletin issued here today. Judge Walker declared that the de- cree will have three adverse effects on independent exhibitors : it will force them into buying organizations, will increase the cost of film buying, and will delay product availability in small towns by six to 12 months. Delay Club Election Cincinnati, Jan. 26. — The annual meeting of the Cincinnati Cinema Club, which was to have been held Saturday for election of trustees, who, in turn, were to elect officers, was postponed for lack of a quorum. An- other date will be decided on soon. New Korda Film Set Hollywood, Jan. 26. — Alexander Korda plans "Forbidden City," origi- nal story by Ben Hecht, as a forth- coming feature for United Artists re- lease. It is set against a background of German-occupied Paris. Bernhard to Talk At Quigley Awards Lunch Tomorrow (Continued from page 1) Boston; Vincent H. McFaul, Buf- falo ; Alex Manta, Chicago, and Harry F. Shaw, New Haven. Other judges expected are: Leon J. Bamberger, Mort Blumenstock, Harry D. Buckley, Charles L. Casa- nave, Albert Deane, Oscar A. Doob, W. R. Ferguson, R. M. Gillham, Harry Goldberg, Louis Goldberg, L. H. Goldenson, J. R. Grainger, W. J. Heineman, Charles R. Jones, Irving Lesser, Lou Pollock, C. E. Mc- Carthy, F. J. A. McCarthy, S. Bar- ret McCormick, C. B. McDonald, Harry Mandel, Arthur L. Mayer, C. C. Moskowitz, Alec Moss, J. J. O'Connor, Charles M. Reagan, Sol A. Schwartz, Si Seadler, Milton Silver, Albert E. Sindlinger, A. W. Smith, Jr., W. G. Van Schmus, J. R. Vogel, David B. Whalen, Lew Preston. The 1940 Quigley Awards were conducted on the basis of quarterly competitions. These, open to theatre- men in all parts of the world, offered prizes of plaques, medals and sheep- skin citations for the best entries re- ceived in each of the four quarters of the year. Material for the Grand Awards to be judged tomorrow is made up of exploitation campaigns from theatremen who have scored highest during the quarters. Columbia Schedules 14 for Last Half Hollywood, Jan. 26. — Preparing for release of 14 high budget pictures during the balance of the current season, Columbia will enter upon its heaviest production activity in years this week. Eight pictures will be shooting and several others are scheduled to go be- fore the cameras in February. Among the more important under way are : "Penny Serenade,'' with Cary Grant and Irene Dunne ; "Adam Had Four Sons," with Ingrid Bergman and W arner Baxter ; "They Dare Not Love," with George Brent and Mar- tha Scott ; "Texas," with William Holden and Warren William ; "A Girl's Best Friend Is Wall Street," with Franchot Tone and Joan Ben- nett, and "Senate Page Boys," with Herbert Marshall and Virginia Bruce. Two Firms Chartered Albany, Jan. 26. — Two new firms incorporated here are Polish-Ameri- can Film Corp., by Edward M. Albin and George L. Seibert, New York, and New York Screenad, Inc., by Paul Jacobs, Edith Schellens and Blanche Barber, New York. Lewis Dinner Feb. 17 Philadelphia, Jan. 26. — Plans have been completed for a testimonial dinner to Allen Lewis, manager of the Dante, by the Showmen's Club on Feb. 17. Lewis was the Star of the club last year. Steal Theatre Safe Daytona Beach, Fla., Jan. 26. — Bandits hauled away the safe of the local Sparks Theatre, after failing in an attempt to blow it up, according to manager J. L. Cartright. About $1,500 was taken. British Fire Order Disturbs Theatres London, Jan. 26. — The Govern- ment's recent order that theatres em- ploy full-time fire-watchers because of bombing attacks is causing some concern among exhibitors. Although the theatre men are anx- ious to play their part in combat- ing incendiary bombs and preventing destruction, they nevertheless are faced by certain problems. The order compelling theatres, as business houses, to use fire-watchers also makes employes liable to 48 hours' of monthly service as fire fight- ers. This has resulted in a serious labor shortage. Exhibitors fear that they may not be able to comply with the law, and are seeking exemptions in certain cases. They are expected to ask the Home Security Ministry for consideration, and in view of the cordial relations now existing, some compromise is expected to be worked out. Miami's Show Folks See 'Night' Premiere (Continued from pane 1) players in the picture, were : Harry Richman, Sophie Tucker, Joe E. Lewis, Paul Whiteman, Maxie Rosen- bloom, Mary Brian, Cross and Dunn, Alice Dawn, Carlyle Blackwell, Fran- ces Faye, Gene Austin, Abe Lyman, C. W. Van Vorhees, N. B. Shandberg, Sidney Meyer, Mitchell Wolfson, I. Schmertz, Jack Sichelman, William Brandt, Bernard Brandt, Leonard Picker, Lee Shubert, Mrs. Herman Robbins, Mr. and Mrs. Sam Dembow, Damon Runyon, Frank Durkee and Sonny Shepherd. Para. Crew Shoots Tests in Charleston Charleston, S. C, Jan. 26. — A Paramount camera crew of four ar- rived today from Hollywood to make test shots in color here for Cecil B. DeMille's next production, based on the Thelma Strobel novel, "Reap the Wild Wind." The screen title and cast have not been announced. In the company are : E. D. Leshkin, assistant production manager ; Dewey Wrightley, head cameraman ; Lothrop Worth, assistant cameraman, and Andy Durkuse, technician. Charleston will play a prominent part in the pic- ture, along with Key West, Fla. The "takes" here will be sent to Holly- wood and the crew will return in March for Spring exteriors. Promote Photophone Men Edward C. Cahill, RCA Photo- phone division manager, has promoted M. J. Yahr, former commercial engi- neer at Camden, to a new post of product manager at the Indianapolis plant, and Carl Johnson from the ser- vice organization to replace Yahr at Camden. Vaudeville in Scranton Scranton, Pa., Jan. 26. — Two Comerford theatres have partially re- turned to vaudeville. Operating on an alternating schedule, the Capitol of Scranton and the Capitol of Wilkes-Barre offer vaudeville three days a week. Royalty Bill Introduced In Congress (Continued from page 1) copyright and patent owners, residents of a country which enforces monetary restrictions against the United Stat' shall pay such moneys to the Se<( tary of the Treasury in Washington and consider their debt discharged. A separate fund for each country in- voking monetary restrictions would be set up by the Secretary of the Treasury. Thereafter, Americans who have copyright or patent royalty claims against such countries would file their claims with the Secretary of the Treasury and, if their claims are up- held and honored, they would be paid by the Secretary of the Treasury out of the funds for the country or coun- tries involved. The measure is entitled : "a defini- tion of principle of international re- ciprocity on patents, trade-marks, secret formulas and processes, and copyrights, by providing a method for assuring the payments of amounts due to persons in the United States from users thereof in countries restricting international payments from their ter- ritories." Under the bill, any country could restore itself to normal exchange payments by agreeing to such free exchange in the future and paying up any ar- rears owed at the time to Americans. Any funds in such country's account here, then remaining, would be released to it by the Secretary of the Treasury. The purpose of the bill is to pro- tect Americans from required debt payments to foreign nationals who are restrained from paying like debts in this country because of foreign ex- change restrictions. The bill provides a $5,000 fine and imprisonment up to two years for violations. It was introduced in the Senate by Senator James A. Davis of Pennsylvania and in the House by Representative Robert L. Ramsay o"f West Virginia. English Patronage Shift Seen by Rose Changes of population and theatre patronage from large industrial cities in the British Isles to smaller centers due to air raids, is resulting in greater theatre attendance in outlying towns than in some key cities there, David Rose, Paramount managing di- rector for Great Britain, reported on Saturday prior to his departure for Europe on the Excambion, after six weeks in Hollywood. The Paramount executive com- mended the production colony for the British war relief work which it has accomplished or undertaken to date. He detailed Hollywood gifts to British war relief amounting to more than $500,000 in cash, $115,000 in medical equipment and ambulances, and 200 tons of clothing and 10,000 pieces of medical instruments. RKO distributor whic ranked highest in the short subjects poll" (for mo n ^ Voted by all the showmen of the na- tion, who were asked to list,, from all companies' products, their ten best money makers (features), their ten best western stars, and their "TEN BEST MONEY-MAKING SHORTS SERIES." fc iife isii iiiii | . I ' I j ! i: ; ! I to the thousands of exhibitors who took part in the M. P. Herald poll and who, by their big majority vote, prove again the box-office value of an RKO RADIO short subject contract. To them -and to those few others who have not yet taken advantage of it- we repeat: For the best in short sub- ject entertainment -for those special added attractions that so often mean the difference between a so-so show and a PROFIT show- RKO RADIO DELIVERS THE TOPS week in, week out! 0 A J HE TOP HONOR. j*iL^*2^i^i^k£ for the money- making short series, according to the voice of exhibi- tors registering the mandate of the public's box- office dollar, went to Walt Disney by a substantial margin". -(m. p. Herald) for !94M2 I SINGLE-REEL FEATURES FIRST OF ALL TWO REEL SUBJECTS |M. P. Herald T is I OF T\ME ARMS AND THE MEN UC A "The full and dramatic ■0«H« ftory of the first peace- time conscription in U S history. LABOR AND DEFENSE Every man a vital cog in the wheels of industry as the U. S girds for total defense. UNCLE SAM: THE NON-BELLIGERENT for mi -mi- Contrasting the threatened peace and security of this nation with Britain under fire ISSUES Of THE MARCH Of 1 Presenting the famous experts -OSCAR LEVANT, FRANK- UN P. ADAMS, JOHN KIERAN and CLIFTON FADIMAN, together with a different GUEST STAR in each issue — with this series growing tremendously in popularity with every release. Produced by Frank Donovan. Program Director, Don Golenpaul. ubber-Legs" Leon, loonier than ever in a series of comedies planned to make the best show better. A big laugh name in big-time releases. WHITLEYS )f the most popular series in the of short subjects. Western buckaroos swinging 'em high, wide and handsome with music, songs and action. for M/-42 TWO-REEL SUBJEL AS USUAL . . . Twice weekly! For more than a quarter of a century THE newsreel of news- reels, TODAY practi- cally a MUST for the marquees of theatres everywhere. PRODUT BY PATH E NEWS INC ■ D I { f SDfO BY R-C-A ' R! RUT E D BY t-l-Q 8A0IO PICTURES INC HIGH f I D f I I T Y SOU * D ^iv for mi-n - 4<|A^# «wty ^ ^^^^^ **** 1 lea^eiiip ^ / Ap*r^ Monday, January 27, 1941 Motion Picture Daily 13 'Love' With $11,000 Is Cincinnati High Cincinnati, Jan. 26. — "This Thing Called Love" took $11,000 at the RKO Palace, and "The Thief of Bagdad" did $13,000 at the RKO Albee. Estimated takings for the week end- ing Jan. 22-25 : "The Thief of Bagdad" (U. A.) r^KO ALBEE— (3,300) (33c-40c-5Gc) 7 T^ks. Gross: $13,000. (Average, $12,000) Mas Thins Called Love" (Col.) »^KO PALACE— (2,700) (33c-40c-50c) 7 days. Gross: $11,000. (Average, $10,000) "The Invisible Woman" (Univ.) RKO SHUBERT— (2,150) (33c-44c-60c) 7 days. Stage: Vaudeville headed by Ken Murray and Gertrude Nissen. Gross: $9,- 800. (Average. $10,000) "Gone With the Wind" (M-G-M) RKO CAPITOL— (2,000) (50c-55c-65c) 7 days, 4th week. Gross: $7,500. (Average, at 33c-40c-50c, $5,500) "Hudson's Bay" (ZOth-Fox) RKO GRAND— (1,450) (33c-40c-50c) 7 davs. Gross: $4,800. "Flight Command" (M-G-M) RKO LYRIC— (1,400) (28c-33c-42c) 7 days, 2nd week. Gross: $3,000. (Average, $4,500) "You're Out of Luck" (Mono.) "Charter Pilot" (20th- Fox) RKO FAMILY— (1,000) (15c-28c) 4 davs. Gross: $1,100. (Average. $1,200) "Meet the Missus" (Rep.) "The Phantom Submarine" (Col.) RKO FAMILY— (1,000) (15c-28c) 3 davs. Gross: $800. (Average, $800) "Kitty Foyle" (RKO) KEITH'S — (1,500) (33c-40c-50c) 7 days, 2nd week. Gross: $4,000. (Average^ $5,000) 'Wind* New Haven Winner at $15,000 New Haven, Jan. 26. — "Gone With the Wind" at the Loew-Poli took the major portion of New Haven down- town business, grossing $15,000, in spite of bad weather and dangerous driving conditions. Second week of "Flight Command" and "Street of Memories" took $2,900 at the College. Estimated takings for the week end- ing Jan. 23 : "Flight Command" (M-G-M) "Street of Memories" (ZOth-Fox) COLLEGE— (1,499) (39c-50c) 7 days, 2nd week. Gross: $2,900. (Average, $2,700) "Gone With the Wind" (M-G-M) LOEW-POLI— (3,040) (40c-55c) 7 days. Gross: .$15,000. (Average, $8,000) "Victory" (Para.) "Sandy Gets Her Man" (Univ.) PARAMOUNT— (2,348) (39c-50c) S davs. Gross: $4,000. (Average, $4,000) "No, No, Nanette" (RKO) "Here Comes the Navy" (W. B.) ROGER SHERMAN— (2,200) (39c-50c) 7 days. Gross: $4,400. (Average. $5,000) Feature Reviews 'Command* at $16£00 Strong in Baltimore Baltimore, Jan. 26. — "Flight Com- mand" drew $16,500 at the Century in a week of good grosses. Estimated takings for the week end- ing Jan. 23 : "Flight Command" (M-G-M) CENTURY— (3,000) (15c-28c-44c) 7 days. Gross: $16,500. (Average, $10,000) "Honeymoon for Three" (W. B.) KEITH'S — (2,406) (15c-28c-33c-44c) 7 days. Gross: $10,000. (Average, $9,000) Tali, Dark and Handsome" (ZOth-Fox) NEW— (1,581) (15c-28c-35c-55c) 7 days. Gross: $6,000. (Average, $7,000) "Love Thy Neighbor" (Para.) STANLEY— (3,280) (lSc-28c-39c-44c-55c) 7 days. Gross: $14,500. (Average, $12,000) "Arizona" (Col.) HIPPODROME— (2,205) (15c-28c-39c-44c- ;5c-66c) 7 days. On stage, variety bill topped by Dixie Dunbar. Gross: $15,000. Rverage, $14,000) Travis on Pathe Board C. Merwin Travis has been elected a director of Pathe Laboratories, Inc., of New Jersey to succeed the vacancy : on the board created by the resigna- tion of O. Henry Briggs, now presi- dent of Producers Releasing Corp. 'So Ends Our Night' (LoetL'-Lewin — United Artists) AVID LOEW and Albert Lewin offer a poignant and moving , dramatic picture of the harried lives of refugees from under the Nazi heel as their initial offering for release by United Artists. It is at once a splendid addition to the U. A. release schedule and a most auspicious beginning for the Loew-Lewin producing combination. The dramatic power and significance so characteristic of Erich Maria Remarque, whose novel, "Flotsam," formed the basis for thuV film, has been retained with fine fidelity and in some instances has even been enhanced through the medium of the screen. John Cromwell, in his direction, has given the story in its diverse elements the benefit of smooth handling which has served to bring those elements into close cohesion in a completely rounded production. Like- wise of value are the numerous touches of atmosphere contributed by splendid production technique and the fine camera work of William Daniels. Portraying with deep sincerity and consummate skill, the figures of these helpless victims of a cruel and ruthless persecution are Fredric March, Margaret Sulla van, Frances Dee and Glenn Ford. March is a former German army captain, Aryan, but a refugee from a political system which he abhors. Miss Dee is his ill wife. Miss Sullavan, as a Jewess, and Ford, who describes himself as a 50 per cent Aryan, are both splendid as the two young refugees whose love brings hope to a seemingly dark future. Counterpart of all that is evil and vicious in the Nazi system is Erich von Stroheim, who virtually plays "Javert" to the "Jean Valjean" of March. The refugees lack the all-essential passport which will open the door to freedom, but without which they are "lost." The paths of these people cross, as they are hounded from country to country, perse- cuted by the Gestapo, living always in fear. Relieved by occasional flashes of amusing comedy, or by the touches of sympathetic understanding of those with whom the refugees come into contact, the film moves with a dramatic sweep from Austria, to Czechoslovakia, Switzerland and finally France. Eventually, March goes back into Germany when he learns his wife is dying, and then ends his own life, taking von Stroheim with him, but leaving enough money for the young people to insure their safety in a land of freedom and peace. Here is the drama of a civilization in reverse. It has a certain time- liness which the showman should not ignore. Its theme has been behind the headlines from Europe these several years past. Running time, 121 minutes. "G."* Charles S. Aaronson T ''Along the Rio Grande" (RKO) Hollywood, Jan. 26. IM HOLT'S western vehicles produced by RKO are steadily im- proving, and "Along the Rio Grande," fourth in the series, is the best of the lot. It mixes action, comedy and suspense in adequate propor- tions and gives evidence of ability to satisfy any western fan. Again with Holt are Ray Whitley and Emmett Lynn, who have appeared in the predecessors in the series. Betty Jane Rhodes, Robert Fiske, Hal Taliaferro, Carl Stockdale, Slim Whitaker, Monte Montague, Ruth Clifford and Harry Humphrey complete the cast of the picture, which deals with the trio's joining a gang of criminals who raid American stage coaches and ranches and then flee to their hideout across the Mexican border. In a series of sequences marked by sharp suspense, the gang is brought to justice, with plenty of action thrown in for good measure. Three musical numbers are used. Edward Killy directed. Bert Gilroy was the associate producer for Lee Marcus. Running time. 66 minutes. "G."* Vance King * "G" denotes general classification. Connecticut MPTO Is Meeting Today New Haven, Jan. 26. — The Con- necticut M. P. T. O. will hold its regular luncheon-meeting tomorrow at Ceriani's Restaurant. On the agenda for discussion are impending legisla- tion in the current session of the state legislature, a communication from Thurman Arnold on the consent de- cree, and the Government-Ascap suit with its possible results to exhibitors. Canners Pick House For All-Stage Show Chicago, Jan. 26. — The Chicago Theatre has been selected for the eighth consecutive year to present a special show of big stage names — no pictures — to delegates to the National Canners convention. The Loop's largest theatre will be closed to the public at 8 :30 on the night of the performance. Showmanship Flashes . . . Holds 'Comrade X' Street Car Review Washington, Jan. 26. — Dan Ter- rell, publicist for Loew's Theatre here, in his campaign on "Comrade X," held a preview of the film in a trolley car, since the feminine lead plays a street car operator. The Capital Transit Co. cooperated in the stunt. 'Marx Brothers' Cover Town for 'Go West' Rock Island, 111., Jan. 26. — For "Go West" at the Fort Theatre, H. D. Grove had three men, dressed as the Marx Brothers, ride through the city in a patrol wagon, and planted large lumps of coal, sprayed with gold, in local store windows. 'Kitty Foyle' Contest Conducted in Columbus Columbus, O., Jan. 26. — The RKO Palace, in cooperation with the Columbus Citizen, conducted a contest to find a girl whose physi- cal specifications most closely ap- proximated those of Ginger Rogers, as a stunt for the opening of "Kitty Foyle." The leading con- tenders were treated to a dinner, and subsequently the winner was selected. Snow Photography- Competition for 'Skis' A snoiv photography contest is being held at the 55th Street Playhouse in connection with the run of "They Met on Skis," French film. The contest, which started last week, will continue through Feb. 12. Photos submitted are being exhibited in the theatre lounge. Prises zvill be awarded to those submitting the 12 best photo- graphs. Public Address System Plays You'll Find Out' Gettysburg, Pa.. Jan. 26. — Syd Poppay, manager of the Majestic, used his public address system to simulate a Kay Kyser broadcast to plug the open- ing of "You'll Find Out." In addi- tion, Poppay arranged for Kyser re- cordings in music machines at the nearby soda grills, which featured a special "You'll Find Out" sundae. Cards placed on the music machines called attention to the playdates. Civic Leaders See 'Land of Liberty' Rochester, Jan. 26. — All local pastors, divinity school professors, Y.M.C.A. officials and civic leaders were invited by Lester Pollock, manager of Loew's Theatre, to see "Land of Liberty" when it opened a test run at the theatre. Airline Aids Run Of 'Flight Command' Pittsburgh, Jan. 26.— Pennsylvania Central Airlines mailed a flash promo- tion piece on "Flight Command" for the film's showing at the Stanley to a general prospect list. The card fea- tured photos of Robert Taylor and Adeline Cox, PCA employe selected by M-G-M and the National Aero- nautic Association as the nation's love- liest air hostess. Miss Cox, crowned "Miss Flight Command," flies on the Washington-Pittsburgh-Detroit route. 14 MOTION PICTURE DAILY Monday, January 27, 194 A.G.M.A. to Appeal Musicians Verdict An appeal with be taken to the Court of Appeals by the American Guild of Musical Artists from an adverse deci- sion rendered Friday by the New York Appellate Division in favor of the American Federation of Musicians. The Appellate Division upheld the denial of a temporary in- junction but also dismissed AGMA's suit to restrain the A-F.M. from enforcing a re- quirement that all concert instrumentalists resign from AG MA and join the A.F.M. The dismissal had been denied by Supreme Court Justice Aron Steuer. P.R.C. Distribution Is Set in Canada Producers Releasing Corp. 1941 re- leases, including Sigmund Neufeld's westerns, will be distributed in Can- ada and the Maritime provinces by the former Grand National Films, Ltd., which will take the name, Pro- ducers Releasing Corp. of Canada and Newfoundland. O. Henry Briggs, president of Pro- ducers, and Leon Fromkess, export manager, arranged the Canadian dis- tribution. The addition of two or three pro- ducers to Producers Releasing Corp. will be discussed next week on the Coast by O. Henry Briggs, president, and George Batchellor, production chief. At present three are producing tor PRC. Briggs left here Friday for the Coast, planning stops at Chi- cago, Detroit and Kansas City. Goodyear Acquires Paramount Shares ■Washington Jan. 26. — Acquisi- tion in November of 1,000 shares of Paramount Pictures common stock by Anson C. Goodyear, director, has been reported by the S. E. C. in its semi-monthly summary. The transac- tion increased Goodyear's holdings of Paramount common to 2,000 shares. The only other film deal reported was the acquisition of 30 shares of Universal Pictures first preferred stock by Preston Davie, director, rep- resenting his total holdings of that class at the close of the month. Off the Antenna WQXR has received a 52-week renewal on its contract from 20th Cen- tury-Fox. The agreement calls for 300 spot announcements. Kayton- Spiero Co. is the agencv. • • • Around the Country: Charles Stahl, general manager of WCAM, Cam- den, N. J., will leave next Monday to assume the presidency of WKXY, {Kingston, X. Y Phil Jascn, publicity director for E. M. Loeuf s Ply- mouth Theatre in Worcester, Mass., has resigned to become promotion man- ager for WTAG, Worcester. . . . Walter A. S head, Indiana newspaperman, has been appointed publicity director for WIRE, Indianapolis. Eugene C. Pulliam, president of the same station, has been inducted as a member of the Indiana State Police Board. . . . As a precaution against possible sabotage, a 75-foot tower guard house has been erected to protect the transmitters of WLW and WLWO, Cincinnati. . . . As a goodwill gesture, KFRC, Don I^ee station in San Francisco, is broadcasting a five-minute roundup of theatre* attractions every afternoon. • • • Basketball, wrestling and track will supply the television program for NBC's station this week. On Wednesday night, the college basketball double header will be picked up from Madison Square Garden, on Friday, Jan. 31, the wrestling bouts from Jamaica Arena, and the Millrose Games from the Garden will be on the air Saturday night. • • • Luck changed abruptly last week for Eric Sevareid, CBS former Paris correspondent now stationed in Washington. Sevareid escaped the German push without the loss of any property but lost his overcoat while covering the hearings on H. R. 1776. • • • Program News: Despite the Ascap music fight. Armour Soap Works will sponsor a straight musical show with Wayne King's orchestra on Sat- urday nights at 7 :30 beginning Feb. 22. . . . Al Heifer will start a new sports show, "Sports Final V over WOR Sunday. The program will be heard every night at 11 : 15-1 1 :20. . . . Martin Block will celebrate the sixth anniver- sary of "Make Believe Ballroom" over WXEW with a party at the Hotel Commodore Feb. 3. 'Faith' at Cine Roma Premiere of George S. Jeffrey's "Cavalcade of Faith" will be held to-, morrow at the Cine Roma. Proceeds of the opening will be donated to Na- tional Infantile Paralysis Drive. All seats will be reserved and priced at $2. Radio Manufacturers Won't Change Television N.T.S. Holds Annual Meet Here Feb. 9-14 The annual meeting of the 29 branch managers of the National The- atre Supply Co. will be held here at the Belmont Plaza Hotel from Feb. 9 to 14. All home office executives and sales promotion personnel will attend. Wal- ter E. Green, president, will act as chairman of the meeting, and Oscar S. Oldknow, vice-president of the company, will be vice-chairman. (Continued from page 1) Friday reiterated that the majority opinion of industry engineers as rep- resented by the NTSC would not necessarily result in the adoption of such standards by the FCC. Adop- tion of a definite set of standards on which manufacturers could concentrate and permission for commercially spon- sored programs would be necessary before television can be regarded as having received the "go ahead signal." He indicated that the defense program would not hold up television but also hinted that it would be a big factor to consider. RCA on Friday unveiled its theatre size television screen, 15 feet high by 20 feet wide in an impressive demonstration at the New Yorker Theatre. The audience was obviously im- pressed and broke out into spontaneous applause at sev- eral points. The varied pro- gram ended with a picture of an aerial bombardment while new sound equipment gave the audience the impression it was actually under bombardment. Most observers remarked that a person entering the theatre in the middle of the program and not aware that a television demonstration was in progress would probably believe that an ordinary film show was going on. Other highlights of the demonstra- tion given for the benefit of the FCC and the press were a showing of RCA's new model home receiver with a screen \3JA inches high by 18 wide and a 68-mile relay of television from Camp LTpton without the use_of wires. Although rain and snow made the actual pickup from Camp Upton poor because of lack of light, a studio shot was relayed over the same hook- up and came over with almost the same light qualities as if directly wired to the theatre. DuMont exhibited its new "memory" type tube which per- mits frames to be cut down from 30 to 15 per second. There was no visible flicker, and it appeared to substantiate Du- Mont's claims that the number of frames could be lessened. However, there appeared to be some loss of definition and the studio show itself had too little movement on the screen upon which the question of flicker could be judged adequately. Bell Telephone Laboratories demon- strated the::use of its coaxial cable between New York and Philadelphia. Using a film show, the program orig- inated in New York, was relayed to Philadelphia and returned here. Al- though the coaxial cable is limited to transmission of a 21/? megacycle band at present, there appeared to be no observable difference between the im- age as transmitted over the few feet of wire in thestudio and the picture as it came in -over almost 200 miles of cable. On" Saturday, the FCC and the press witnessed, a demonstration of color television, at CBS. This dem- onstration included both color film and a live talent studio pickup. Al- though most of "'the press party had .seen the demonstration previously, the live pickup was new to the members of the FCC/'"1 Five Stations Get Power Increases tu 01 Washington, Jan. 26. — Increases in power have been granted bjr the Federal Communications Commission to five stations. Stations KGW, Portland, Ore., WEBC, Duluth, Minn., and WJAS, Pittsburgh, Pa., were authorized to increase night power from 1,000 to 5,000 watts ; Station KWLC, Decora,' la., was authorized to change quency from 1,270 to 1,210 kilocy and increase power from 100 to 250 watts, and Station WTMA, Charleston, S. C, was granted a change of fre- quency from 1,210 to 1,220 kilocycles and increase of power from 250 to 1.000 watts. The commission set Jan. 30 as the date for a heading on the application of William D. and Violet Hudson for a new 1,370-kilocycle,. 250-watt sta- tion at Clarksville, Term., arid ordered set for hearings, on dates to be fixed later, the applications, of the Granite District Radio Broadcasting Co. for a 1,500-kilocvcle. 250-watt station at Murray, Utah; Station WSOY, De- catur, for change of frequency from 1.310 to 1,290 kilocycles and increase of power from 250 watts to 1,000 watts night, 5,000 watts day, and Sta- tion KSFO, San Francisco, for change of frequency from 560 to 740] kilocycles and increase of power from 1,000 watts night, 5,000 watts dav to 50,000 watts. Network Musicians to Get a Wage Increase Musicians will receive increases of $5 weekly under the terms of a new three-year contract signed between the networks and Local 802 of lie Musicians' Union. Musicians work- ing on sustaining and commercial shows will receive a S5 raise on Feb. 1 and another of the same amount on Feb. 1, 1942. The scale for sustaining musicians thus becomes $115 on Feb. 1 and $120 for commercial performers. Studio musicians on a 25-hour week remain at $150 weekly. The contract pro- vides for employment of at least 40 musicians at WOR and 65 each at WABC. WEAF and WJZ. AAA Moves to New Offices This Week The American Arbitration Associa- tion will move to its new quarters in Rockefeller Center at the end of the week, where, in addition to the head- quarters of trier' Association itself, the office and hearing rooms of the New York City local arbitration board will be located. The local board is sched- uled to be. opened next Saturday, as are the other industry arbitration boards throughout the country. Members of local panels are sched- uled to be announced by the Associa- tion this week. 'U' Salesmen Shifted Philadelphia, Jan. 26. — William J. Doyle, Universal salesman, who has been covering the upstate Harrisburg territory for some years, takes over the New Jersey and Delaware- area?, with Wilbur Grant" taking over his section. • THE FINEST ACCOUNTING BOOK EVER COMPILED FOR MOTION PICTURE THEATRE OWNERS!! C NOTICE THE UTTER SIMPLICITY OF THESE SAMPLE PAGES > ■ YOUR MONEY WILL BE IMMEDIATELY RE- FUNDED IF YOU DON'T FIND THIS TO BE A PRACTICAL, SIMPLIFIED BOOKKEEPING SYSTEM $0.00 2 Postpaid MAIL COUPON NOW r QUICLEY BOOKSHOP, ROCKEFELLER CENTER, NEW YORK Here is my check for $2.00. Send me "THEATRE MANAGEMENT RECORD." Name— Address : City and State Theatre. . PREEMINENT ALL three Eastman negative films make important contributions to the startling beauty of today's screen productions. Un- varying dependability and wide latitude make them the established favorites of critical cameramen. Eastman Kodak Company, Rochester, N. Y. J. E. BRULATOUR, INC., Distributors Fort Lee Chicago Hollywood PLIJS-X SUPEB-XX for general studio use when little light is available BACKGBOUXD-X for backgrounds and general exterior work EASTMAN NEGATIVE FILMS NOT REMOVE Alert, MOTION PICTURE DAILY First in and Impartial "^L. 49. NO. 19 1 NEW YORK, U.S.A., TUESDAY, JANUARY 28, 1941 TEN CENTS Allied Board Ponders New Legislation Discusses Block Booking, Divorcement at Meeting Washington, Jan. 27. — Allied States directors at their annual meeting here today discussed the position to be taken by the organi- zation with reference to further ac- tion to outlaw block booking entire- ly and bring about the divorce of exhibition from distribution and production. The sessions will con- tinue tomorrow. The board issued no statement re- garding the action of the meeting. The New York case consent decree was the major subject at today's session, with Abram F. Myers, general coun- sel and chairman of the board, dis- cussing the decree in his annual re- port as probably the most important development with which exhibitors (.Continued on page 3) Pa. MPTO to Supply Arbitration Counsel Philadelphia, Jan. 27. — Free legal counsel will be given members of the United Motion Picture Theatre Own- ers of Eastern Pennsylvania when try- ing arbitration cases under the Federal consent decree, it was announced here today by Lewen Pizor, president. George P. Aarons, general counsel of the organization, will serve as members' arbitration counsel. He is general counsel of the M.P.T.O.A., with which the local group is affiliated. Pizor also announced that the U.M.P.T.O. will have a representa- tive at all legislative committee hear- ings on bills affecting the industry. N. Y. Chain Tax Bill Exempts Theatres Albany, Jan. 27.— Theatres for the first time in New York State are not included in a bill taxing chain stores introduced in the legislature tonight by Assemblyman Louis Bennett of the Bronx. Chain enterprises of every other description would be taxed, however. 7th Annual Quigley Awards Winners to Be Selected Today Judging for the seventh annual Quigley Grand Awards will start at noon today in the College Room of the Hotel Astor. The event, spon- sored by Motion Picture Herald through the Managers' Round Table, will determine the two winners of the Silver and Bronze Grand plaques from among theatre men making the best Awards showings during the four quarters of the year's competitions. In addition to the judges already named, others expected are Gradwell Sears and Carl Leserman, Warners ; Joseph Unger and C. J. Scollard, Paramount ; Harry Gold and Haskell Masters, United Artists ; Jack Cohn, Columbia ; Louis W. Schine, Schine Theatres ; T. J. Connors and Edward (.Continued on page 3) BMI SIGNS DECREE; PROSECUTION ENDS Seven-Point U.S. Decree Washington, Jan. 27. — The De- partment of Justice' snmmmrized the seven provisions of the BMI consent decree, which will go into effect zvhen Ascap agrees to them or is compelled to accept them, as follows: 1. BMI agrees not to exercise exclusive control, as agent for any other person, over the per- forming right of music of which it does not own the copyright. 2. BMI agrees never to dis- criminate either in price or terms among the users of copy- righted music. All BMI com- positions will be offered for performance to all users of the same class on equal terms and conditions. 3. BMI agrees to license mu- sic on a pay-w hen-you-play basis. That is, broadcasters will be enabled to buy BMI music either on a per piece or per program basis, if they de- sire, and in no case will a (Continued on page 9) Blizzard Fails to Hurt N. Y. Grosses Seriously Charles E. Williams, MPTO Leader, Dies Omaha, Jan. 27.— Charles E. Wil- liams, president of the M. P. T. O. of Western Iowa and Nebraska and board member of the M. P. T. O. A. for Nebraska for the past 15 years, died here yesterday of a stroke which he suffered on Saturday. He was over 70- He also owned and operated the Park Theatre here. Funeral services will be held from his home here on Wednesday. By SAM SHAIN New York is digging itself out of the snow after a young blizzard which snarled traffic and caused a sudden drop in grosses yesterday. The storm which broke upon the city Sunday night and was still blow- ing up early this morning, while af- fecting grosses and causing them to taper off, did not do serious box- office injury. Holdover product as well as new films showed unusual box-office stamina. The city suffered from a gale on Friday, too, but recovered Saturday, which proved to be one of the best days enjoyed by Broadway theatres this season. Every picture reported a big day. There was "Kitty Foyle," at the Rivoli, which slumped badly on Friday and picked up to jump in the running on Saturday and, accord- ing to executives, may yet finish the week with about $18,000. "Philadel- phia Story" reached new heights by being granted a sixth week at the Radio City Music Hall. William F. Rodgers, M-G-M's gen- eral sales manager, returned to town yesterday and reported that his com- pany's weekend reports on business around the country showed a signifi- cant indication of mounting national prosperity. His remarks were based on "Gone With the Wind" grosses. "Philadelphia Story," despite the bad weather, is expected to garner $80,000 on the week. With this pic- ture on Sixth Avenue, M-G-M is bul- warking both sides of the Times Square amusement area, for it also has another winner at tbe Capitol in (.Continued on page 3) Is Effective Only When Ascap Likewise Drops Disputed Practices Broadcast Music, Inc., yesterday signed a consent decree agreeing not to engage in seven practices deemed by the Department of Jus- tice to constitute violations of the anti-trust laws. The decree will not take effect until "similar restraints have been imposed upon Ascap either by way of consent or litiga- tion." In return the Government dropped the criminal phases of its threatened prosecution against BMI and also eliminated NBC and CBS as defend- ants. The Department added that "there is no change in the Depart- ment's announced intention promptly to proceed criminally against Ascap. Negotiations looking to a settlement in that case ended abruptly in late December." Announcement of the consent de- cree came when Government lawyers filed the civil anti-trust suit against BMI alone in the Milwaukee Federal Court. The decree was filed at the same time and Judge F. Ryan Duffy set next Monday as the date for a hearing on the decree. One of the major points in the decree is the promise not to engage (Continued on page 9) Estimate $300,000 From N.Y. Film Tax Albany, Jan. 27. — Governor Her- bert H. Lehman today estimated rev- enue for the fiscal year beginning next July 1 of $300,000 from the film li- censing tax in New York State, in his annual budget message. At the same time the Governor rec- ommended no new taxes .for the next fiscal year, submitting a reduction in state appropriations to $385,000,000. A recommendation for a $21,000,000 re- duction in personal income taxes pay- able in April, 1942, also was sub- mitted. The film tax of three cents per foot (.Continued on page 3) Reviewed Today "Come Live With Me" is re- viewed from Hollywood on Page 3. 2 Motion Picture daily Tuesday, January 28, 1941 Coast Flashes Hollywood, Jan. 27 MONROE GREENTHAL, United Artists director of advertising and publicity, arrived today for con- ferences with Maurice Silverstone, U. A. chief executive, and other ex- ecutives and producers on campaigns for new product. Samuel Goldwyn, chairman of the Motion Picture Permanent Charities Committee, announced today that NBC has waived exclusive privileges in order that Mutual and any other networks which wish to do so may broadcast the two-hour Greek war re- lief show Feb. 8 from Grauman's Chi- nese here. • Jock Lawrence, assistant to Y. Frank Freeman, president of the Pro- ducers' Association, has left to attend the President's birthday ball in Wash- ington. More Than 200 at Dinner to Weshner Philadelphia, Jan. 27. — More than 200 members of the industry, includ- ing a number from New York, at- tended the Variety Club's dinner at the Bellevue Stratford Hotel here tonight honoring David (Skip) Weshner, former Warner Theatres district manager here, who recently became United Artists exploitation director at the home office. Weshner was presented a spinet piano. Jay Emanuel was toastmaster. Among the speakers were Joseph Bernhard, Emanuel Silverstone, Louis Krouse, Morris Wolf, Ted Schlanger, Dr. Leon Levy, Arthur Silverstone and Power Gourard. Also on the dais were Nat Levy, George Skouras, Earl Sweigert, Sam Stiefel, Edward Peskay and Everett Callow, in addi- tion to the guest of honor. Albany Exchanges Theatres Checked Albany^ Jan. 27. — The eight film exchange buildings which house 10 companies here and the city's 11 thea- tres are currently undergoing a tho- rough inspection by the Municipal Building Department to check com- pliance with prescribed regulations. The last checkup disclosed eight violations, with concerns summoned before the Building Commissioner for hearings. Exchanges and theatres are also checked daily by the Fire Depart- ment and the latter additionally at night for compliance, with the city and lessees cooperating. Walker Heads Home County British Relief Scranton, Pa., Jan. 27. — Postmas- ter General Frank C. Walker, former head of Comerford-Publix Theatres Corp. has a new job. He is chairman of the British War Relief Committee for Lackawanna County. Shortly after his speech at the dedi- cation of the West Scranton Post Of- fice building yesterday, Walker was offered the chairmanship. He prompt- ly accepted. Last Thursday he was reelected a trustee of the Scranton Community Chest. Personal MATTHEW W. FOX, vice-presi- dent of Universal, arrived yes- terday from the Coast for conferences at the home office. • Cresson E. Smith, Western divi- sion sales manager for RKO, is ex- pected back tomorrow from Mil- waukee. Joseph J. Lee, sales chief at the 20th Century-Fox exchange here, leaves next week for his annual Flor- ida vacation. • John Moroney is in town for a few days. Marion Rogers is ill at the Syden- ham Hospital. • Sidney Edelstein and Roger Lewis of the Warner publicity department have left for Fort Dix, where they will begin a year's selective service training. • Irving Dashkin, manager and film buyer of the Savoy Theatre, Jamaica, N. Y., has left for Central America on his annual vacation. • Ray Tubman, manager of the Cap- itol, Famous Players house in Ot- tawa, will direct publicity for the war savings campaign in the city. • Ione Colbin, Universal exchange biller at Des Moines, was recently married to Joe Brunk of that city. • • Madeleine Jacobs has become en- gaged to Robert Goldfarb, accessory sales manager for United Artists. They will be married in June. • Margaret Cobb, cashier of Ben Pitts' East End Theatre in Rich- mond, was married on Saturday to Ernest Powell. Detroit Variety Club Chairmen Are Named Detroit, Jan. 27. — Seven committee chairmen to direct activities of the lo- cal Variety Club during 1941 have been appointed by Chief Barker John Howard. The chairmen are : house, Edgar E. Kirchner ; welfare, William Flemion; entertainment, Wade Allen; ways and means, David M. Idzal ; finance and auditing, Barney Kil- bride ; membership, David Flayer ; sports and outdoor activities, John Howard. Two projectors for mobile equip- ment used by the club to entertain "shut-ins" were donated by Walter Stebbins, in memory of his son Rich- ard. Stebbins is manager of the Film Exchange Building here. Honor Martin in Buffalo Buffalo, Jan. 27. — W. E. J. Martin, for years dramatic critic of the Courier-Express here, was tendered a testimonial dinner tonight by his fel- low-members at the local Variety Club. E. K. O'Shea, now Central division manager for M-G-M, who was to have been toastmaster, was unable to attend, but wired his felicita- tions. Mention ROBERT J. O'DONNELL, gen- eral manager of the Interstate cir- cuit, is here from Dallas. • Richard A. Rowland, United Art- ists producer, will be in Philadelphia tomorrow. • Walter Reade left over the week- end for a four-week Miami vacation. • Robert Gillham, Neil Agnew, William Orr, Edmund C. Grain- ger, Bob Wilby, R. J. O'Donnell, Gradwell L. Sears, Dick Stout, J. J. Unger, Charles M. Reagan, Tom Connors, Barney Balaban, Wil- liam F. Rodgers, Charles Stern, Leonard Goldenson, Harry Bern- stein and Harry Brandt having lunch yesterday at Nick's Hunting Room in the Astor. • Davtd Loew, Arthur Loew, Rudy montgelas, j. j. mllstein, john Buchanan, Sam Shain, Harry Thomas, Mort Spring, Davtd Blum, Clayton Bond, Arthur Mayer, Harry Buxbaum, Joe Lee, Del Goodman and John Kilpatrick lunching at Sardi's yesterday. • Pat Powers, Herb Ebbenstein and Sam Spring at the Tavern for lunch yesterday. • Harry Cosman, Louis Astor, Max Weisfeldt and Lou Weinberg hav- ing lunch yesterday at Lindy's (next to the Rivoli). • Martin Moskowitz, Hal Horne, Joseph Moskowitz and Hal Young at Lindy's (51st St.) yesterday for lunch. • Joseph N. Anstead, manager of the Loew-Poli Elm Street, Worcester, Mass., has returned to his duties after a minor arm operation. Conway Is Forming Philadelphia Circuit Philadelphia, Jan. 27. — Joseph Conway, operator of the suburban Egyptian here, is organizing a circuit in this area. Incorporating as Joseph Conway Theatres, he has announced acquisition of two theatres and said he will build another. He is a mem- ber of the boa'rd of Allied States. Luncheon to Bobbins The editorial department of Na- tional Screen Service is giving a luncheon today to Allan Robbins. The occasion is his installation as produc- tion manager of National Screen Service here. He is the eldest son of Herman Robbins, president of the company. To Fete Phila. Trainee Philadelphia, Jan. 27. — Cecil Felt, operator of the Bluebird, will be given a dinner by the Variety Club here tomorrow night as the first member of the club entering selective service training. Lambs to Honor Buck Gene Buck, Ascap president and member of the Lambs Club, will be honored by the Lambs at a Lincoln Day Gambol. Warners Thanked For Aid to England London, Jan. 27.— The Min- ister of Aircraft Production has cabled thanks to Harry and Jack Warner, who sent $25,000 for the purchase of aircraft. The Warner Brothers' gift, equivalent in English money to £6,218, represent the re- ceipts from the distribution L in the United States of "Lon- don Can Take It." 'Virginia* Benefit at Paramount Tonight Opening of "Virginia" at the Para- mount on Broadway tonight will be a benefit for British war relief under the auspices of the Canadian Maple Leaf Fund. The Paramount will clear the house and close at 4:30 this afternoon to prepare for the opening. The pro- gram will begin at 8:30 P.M., with celebrities of screen, stage and radio scheduled to be on hand. Loring Christie, Canadian Minister to the United States, and Godfrey Haggard, British consul general, are scheduled to attend. Raymond Massey will act as master of ceremonies. Madeleine Carroll, star of the Paramount film, will speak to the audience by long- distance telephone from Hollywood. Col. Starts Series On Current Events Columbia has signed Dorothy Thompson, Wythe Williams, Linton Wells and William L. Shirer to co- star in "What's the Shooting For," first of a short subject series called "International Forum." The new series of one-reelers is being directed by William Rowland, and will feature other well known personalities in discussions of current events. Houses Are Closed In Fredericksburg Fredericksburg, Va., Jan. 27. — The Board of Health here has closed all schools, theatres and other public meeting places for one week in an ef- fort to stop the widespread influenza I epidemic. MOTION PICTURE DAILY (Registered U. S. Patent Office) Published daily except Saturday, Sunday and holidays by Quigley Publishing Company, Inc., 1270 Sixth Avenue, Rockefeller Center, New York City. Telephone Circle 7-3100. Cable address, "Quigpubco, New York." Mar- tin Quigley, Editor-in-Chief and Publisher; Colvin Brown, Vice-President and General Manager; Watterson R. Rothacker. Vice- President; Sam Shain, Editor; Alfred L. Finestone, Managing Editor; James A. Cron, Advertising Manager; Chicago Bureau, 624 South Michigan Avenue, C. B. O'Neill, Manager; Hollywood Bureau, Postal Union Life Building, William R. Weaver, Editor; London Bureau, 4 Golden Square, London Wl, Hope Williams, Manager, cable address "Quigpubco, London." All contents copy- righted 1941 by Quigley Publishing Com- pany, Inc. Other Quigley publications: Motion Picture Herald, Better Theatres, International Motion Picture Almanac and Fame. Entered as second class matter, Sept. 23, 1938. at the post office at New York, N. Y., under the act of March 3, 1879. Subscription rates per year $6 in the Americas snd $12 foreign. Single copies 10c. Tuesday, January 28, 1941 Motion Picture Daily 3 'Glamour' and Show $16,000, Milwaukee Milwaukee, Jan. 27. — Biggest at- traction of the week was the "Folies Bergere" and the film "Glamour for Sale" at the Riverside with a $16,000 gross. Estimated takings for the week end- ing Jan 23 : "Arizona" (Col.) "Youth Will Be Served" (ZOth-Fox) PALACE — (2,400) (30c-40c-55c) 7 days. JVoss: $5,300. (Average, $4,000) Glamour for Sale" (Col.) RIVERSIDE — (2,700) (33c-44c-55c) 7 days. Stage: "Folies Bergere." Gross: $16,000. (Average, $6,500) "Love Thy Neighbor" (Para.) "Victory" (Para.) STRAND— (1,400) (30c-40c-55c) 7 days. Gross: $1,500. (Average, $1,500) "Honeymoon for Three" (W. B.) "East of the River" (F. N.) WARNER— (2,400) (30c-40c-55c) 7 days. Gross: $5,800. (Average, $4,500) "Hudson's Bay" (20th-Fox) "Tall, Dark and Handsome" (20th-Fox) WISCONSIN— (3,200) (30c-40c-55c) 7 days. Gross: $5,500. (Average, $5,500) 'Hanna' at $8,000 Leads in Toronto Toronto, Jan. 27. — "Chad Hanna" and "Jennie" took $8,000 at Shea's during a period featured by a lengthy rain, a blizzard and considerable sick- ness. "Second Chorus" rang up $8,700 at the Imperial. Estimated takings for the week ending Jan. 25. : "Second Chorus" (Para.) IMPERIAL — (3,373) (15c-25c-35c-50c-75c) 6 days. Stage: "Memory in Rhythm" (one night). Gross: $8,700. (Average, $9,000). "Bitter Sweet" (M-G-M) LOEWS— (2,074) (15c-25c-35c-50c-65c) 6 days, 2nd week. Gross: $7,300. (Average, $9,000) "Chad Hanna" (20th-Fox) "Jennie" (20th- Fox) SHEA'S— (2,663) (15c-25c-40c-50c) 6 days. Gross: $8,000. (Average, $7,500) "You'll Find Out" (RKO) "Laddie" (RKO) TIVOLI— (1,434) (15c-25c-40c) 6 days. Gross: $3,500. (Average, $3,900) "The Letter" (W. B.) TJPTOWN-(2,761) (15c-25c-35c-50c-75c) 6 days, 2nd week. Gross: $7,800. (Average, $9,000) Allied Ponders New Trade Legislation (Continued from page 1) will have to deal in coming months. Today's sessions also were directed to the tax situation and national de- fense, the tax problem assuming im- portance from President Roosevelt's announcement at the opening of Con- gress that a greater proportion of the defense program should be paid for from current revenue. Officers will be elected tomorrow and the meeting will close with the annual banquet tomorrow night. Award Dinner Feb. 27 Hollywood, Jan. 27. — Walter Wan- ger, president of the Academy of Mo- tion Picture Arts and Sciences, has officially designated Feb. 27 for the annual awards banquet, at the Bilt- niore Hotel. Asuncion Bans 'Dictator* "The Great Dictator" has been banned in Asuncion, Paraguay, by the mayor on the ground that the film is "unfriendly" to local Italians and Germans, dispatches state. 'Birth' to Open Monday "Birth of a Nation" in its syn- chronized version will open at the Ambassador on Broadway Monday. Hollywood Review Come Live with Me" (M-G-M) Hollywood, Jan. 27 JAMES STEWART and Hedy Lamafr are here co-starred for the first time, in a Clarence Brown production which combines romance and comedy in a manner to keep the seats filled and the SRO signs constantly in evidence. Basically, the story is that of a struggling young author who agrees to marry an Austrian refugee in order that she may stay in America and not be deported by the immigration authorities. In return, he gets from her a small weekly sum in order to keep body and soul together and keep on writing. Thus is created another of the "in name only" marital relationships towards which the screen has been so partial of late. But here the young man makes the discovery that he can write best about what he has experienced himself, does a novel on the experience and proceeds to sell it. The publisher who buys it fancies himself in love with the lovely young refugee, whereon issue complications solved when the writer and the girl take a trip, on his insistence, to the country house of his grand- mother. The details of plot structure; of production and direction by Brown; of musical score by Herbert Stothart, and of photography by George Folsey, add to the story in a way to cause the most favorable word-of-mouth audience comment. Humorous incidents and characteri- zations abound, while the primary story ingredient of romance is never allowed to falter from start to close. In the chief supporting roles, Ian Hunter appears as the publisher who recognizes his own portrayal in the novel ; Verree Teasdale as his wise and sympathetic wife, co-sponsor with him of a most modern mar- riage in which each partner goes his own way, and Donald Meek por- trays a professional panhandler -who has made an art of his chosen career. Outstanding in her first screen role is 80-year-old Adeline de Walt Reynolds, cast as the writer's grandmother, whose earthy wisdom does much to bring the young couple to a realization that they really are in love, and should not go through with a divorce. The picture's title, based on part of the first line of Christopher Mar- lowe's poem, is given full explanation within the picture, both by specific recital and reference, and by story content. Judged by preview reaction, the picture should have as vigorous a box-office life as the poem has had survival value over four centuries. Running time, 85 minutes. "A."* W. S. *"A" denotes adult classification. Blizzard Fails to Hurt N. Y. Grosses Seriously (Continued from pane 1) "Gone With the Wind." The picture, now at regular prices, is playing a four-show schedule daily to standing room only, and probably will gross $50,000 this week. "Tall, Dark and Handsome" at the Roxy is absolutely disregarding the bad weather, and the business which this picture is doing is comparable to that done by "Alexander's Ragtime Band," and will probably hit over $50,000 this week. It will make way for "Western Union" at the close of the week. A Major Bowes unit heads the stage show. With Quentin Reynolds, noted war correspondent on the Strand stage with his new short, "Christmas Under Fire," in addition to the Henry Busse Band, "High Sierra" is attracting un- usual business there, probably gross- ing $40,000 this week, according to official estimates. Tonight Bob Weitman is holding a gala charity opening of "Virginia," for the benefit of the Maple Leaf Fund, a British war charity, at the Paramount, and the theatre will be dark from 4:30 o'clock in the after- noon until the 8:30 p.m. performance. Glenn Miller will be on the stage with his band besides Dean Murphy and Cass Daley. "Second Chorus," the Fred Astaire- Paulette Goddard film which is pres- ently completing a run at that house, with Harry James and band on the stage, will finish the week ending to- night with approximately $35,000, it is estimated. "Night Train," at the Globe is still doing swell, and officials estimate that it will gross about $8,000 on its fourth week, while both "Fantasia," at the Broadway, and "The Great Dictator," at the Astor, on two-a-day runs are reported holding up strong. Three Companies Formed Albany, Jan. 27. — Three new com- panies have been chartered here. They are : Equity Film Exchanges, Inc., by Bernard H. Mills, Philip Cooper and Irving B. J. Levine, New York; G & G Amusement Corp., by Henry San- dor, John Weinstein and A. Allen Saunders, New York, and Gale Agency, Inc., by Alexander Green, Robert Krauss and Edward Fleisch- man. 'Nanette9 and Calloway Top Minneapolis Minneapolis, Jan. 27. — While re- ceipts held up generally well here, an influenza epidemic was beginning to have its effect on the box-office. "No, No Nanette," with a Cab Calloway stage show at the Orpheum, did $13,- 500. Estimated takings for the week ending Jan. 24. "No, No Nanette'" (RKO) ORPHEUM— (2,800) (28c-39c-44c-55c) 7 days. Stage show including Cab Calloway band, Cotton Club Boys, Avis Andrews. Gross, $13,500. (Average, $5,500) "Kitty Foyle" (RKO) STATE— (2,300) (28c-39c-44c) 7 days Gross: $9,500. (Average, $6,000) "Her First Romance" (Mono.) MINNESOTA— (4,000) (28c-39c) 7 days. A. B. Marcus "Night At Moulin Rouge" stage unit. Gross: $9,000. (Average, $13,000) "Tin Pan Alley" (ZOth-Fox) CENTURY— (1,600) (28c-44c) 7 days, 2nd week. Gross: $4,500. (Average, $4,000) "Gallant Sons" (M-G-M) GOPHER— (998) (28c) 6 days. Gross: $2,- 300. (Average, $2,500) "Thief of Bagdad" (UA) 5 days, 4th week. "Queen of Destiny" (RKO) 4 days. WORLD— (350) (28c-39c-44c-55c) Gross: $900 and $400, total $1,300. (Average, $1,600) "Doomed Caravan" (Para.) "Remedy for Riches" (RKO) ASTER— (900) (15c-28c) 5 days. Gross: $1,800. (Average, $1,800) Estimate $300,000 From N.Y. Film Tax (Continued from page 1) on original films and two cents per foot on prints, imposed on features and short subjects which are sub- mitted to the censor board, brought in $309,635.50 in the fiscal year ended last June 30. The Governor estimated that a pari-mutuel horse race betting tax of $5,750,000 would be paid in the next fiscal year, which compares with $5,500,000 received in the first 12 months' operation of the new law. The Governor's recommendations are $9,100,000 less for the new fiscal year than the current $394,200,000 state budget and will permit the re- peal of the present one per cent emer- gency tax on personal incomes. Judging for Quigley Awards Here Today (Continued from page 1) Saunders, M-G-M; William C. Geh- ring, 20th Century-Fox ; R. J. O'Don- nell, Interstate circuit, Dallas, and R. B. Wilby. Also invited are representatives of the advertising and newspaper trade press, who will attend as observers and guests at a luncheon given by Martin Quigley following the judg- ing. Publications accepting invitations include Editor & Publisher, Printers' Ink, Advertising Age and Tide. Selby Oppenheimer Dies San Francisco, Jan. 27.— Selby C. Oppenheimer, outstanding western im- presario identified with music, con- cert, opera and stage presentations here for years, died in a local sani- tarium after a brief illness. ^fr&wne— it'll Pf BE HELD OVER FOR ' A SECOND WEEK! Biggest Sunday business in the history of the house! Beating everything in sight —bigger than 'The Rains Came ', 'Drums Along The Mohawk", 'Jesse James"! * Builds and bounds and f grows in the face of a raging blizzard! And no wonder— when the N. Y. Daily News says I "Beg, borrow or steal— but donft miss it!" Set to smash at the box-office with all the weight and power of the most dramatic American love story ever told! UNIVERSAL PICTURES presents. m with RICHARD CARLSON * FRANK McHUGH • TIM HOLT SAMUEL S. HINDS • FRANK JENKS Screenplay by BRUCE MANNING and FELIX JACKSON 8 Motion Picture daily Tuesday, January 28, 1941 'Love' Takes Good $12,700 Frisco Gross San Francisco, Jan. 27. — "This Thing Called Love" and "Ellery Queen, Master Detective" at the Or- pheum drew $12,700 in the second week. "Play Girl," aided by Earl Carroll's "Vanities" on the stage of the Golden Gate, took $23,000. Estimated takings for the week end- ing Jan. 21-24: "Play Girl" (RKO) GOLDEN GATE— (2,850) (35c-40c-55c) 7 days. Stage: Earl Carroll's "Vanities." Gross: $23,000. (Average, $15,000) "Comrade X" (M-G-M) "Romance of the Rio Grande" (ZOth-Fox) FOX— (5,000) (15c-35c-40c-50c) 7 days, 2nd week. Gross: $16,500. (Average, $16,000) "Santa Fe Trail" (W. B.) ST. FRANCIS — (1,400) (15c-35c-40c-50c) 7 days, 3rd week. Gross: $5,200. (Average, $6,000) "This Thing Called Love" (Col.) "Ellery Queen, Master Detective" (CoL) ORPHEUM— (2,440) (15c-35c-40c-50c) 7 days, 2nd week. Gross: $12,700. (Average. $8,000) "Thief of Bagdad" (U.A.) UNITED ARTISTS— (1,200) (15c-35c-40c- 55c) 7 days, 4th week. Gross: $5,800. (Av- erage, $8,000) "Love Thy Neighbor" (Para.) "Murder Over New York" (2ttth-Fcx) PARAMOUNT— (2,740) (15c-35c-40c-50c) 7 days, 3rd week. Gross: $9,000. (Average, $11,5C0) "Victory" (Para.) "Case of the Black Parrot" (W. B.) WARFIELD— (2,740) (15c -35c -40c -50c) 7 days. Gross: $15,500. (Average, $12,000) "This Is Ireland" (Irish-American) CLAY— (400) (15c-35c-45c) 4th week. Gross: $700. (Average, $1,000) Kyser Sets Detroit Record at $54,500 Detroit, Jan. 27. — A gross of $54,- 500 and an attendance of 127,000 broke all previous records at the Fox dur- ing the past week with Kay Kyser the stage attraction with his "College of Musical Knowledge," coupled with the film, "Trail of the Vigilantes." Kyser held the previous record at the Fox of $49,000. Estimated takings for the week end- ing Jan. 23 : "Arizona" (Col.) "Ellery Queen Master Detective" (Col.) ADAMS — (1,600) (15c-39c-44c-55c) 7 days. Gross: $7,500. (Average, $5,500) "Love Thy Neighbor" (Para.) "Seven Sinners" (Univ.) FISHER— (2,700) (15c-39c-44c-55c) 7 days. Gross: $6,500. (Average, $7,000) "Trail of the Vigilantes" (Univ.) FOX — (5,000) (20c-44c-55c-65c) 7 days. Stage: Kay Kyser, orchestra with his "Col- lege of Musical Knowlege. Gross: $54,500. (Average, $15,000) "Flight Command" (M-G-M) "Keeping Company" (M-G-M) MICHIGAN— (4.C00) (15c-39-44c-55c-65c) 7 days. Gross: $12,000. (Average. $12,000) "Santa Fe Trail" (W.B.) "East of the River" (W.B.) PALMS — (3.C00) (25c-39c-44c-55c) 7 days. Gross: $9,500. (Average, $7,000) "The Philadelphia Story" (M-G-M) "Maisie Was A Lady" (M-G-M) UNITED ARTISTS— (2,000) (25c-39c-44c- 55c) 7 days. Gross: $13,000. (Average, $10,000) Coast SMPE to Meet Hollywood, Jan. 27. — The Pacific Coast Section of the Society of Motion Picture Engineers on Thurs- day night will hear Michael Leshing, 20th Century-Fox laboratory head ; J. H. Van Leven and G. R. Crane of Erpi, in a discussion of improved laboratory equipment. Installs Letter Box For Service Mail Toronto, Jan. 27.— A free letter box for communications to Canadian soldiers, airmen and naval men on duty in any part of North America, Eu- rope and Africa has been in- stalled in the lobby of the Uptown Theatre, house of the Famous Players Circuit, by Manager Fred Trebilcock. The Uptown pays the post- age on all properly addressed letters from next-of-kin. Forecast Defeat of Two Nebraska Bills Lincoln, Neb., Jan. 27. — Observers today forecast speedy defeat for two luxury tax bills directed at the film industry, which have been introduced in Nebraska's unicameral legislature by Senator E. M. Neubauer. The first levies a tax of 10 per cent on all admission tickets, whether paid or free, with the exhibitor to make his returns to the state treasurer for the state assistance fund. The sec- ond requires distributors to obtain a permit from the railway commission at an annual fee of $1,000, plus $1 for each reel, and makes it unlawful for any exhibitor to buy more film "than is reasonably necessary for use in his theatre." Will Tighten Ontario Theatre Regulations Toronto, Jan. 27. — Following the coal-gas episode at the Doric Theatre here, owned by Sam Lester, inde- pendent exhibitor, O. J. Silverthorne, director of the Theatres Branch of the Ontario Government, has ordered a checkup of all theatres in Ontario. There also will be a tightening of theatre regulations generally, it was announced, particularly in connection with the admission of juveniles and the protection of patrons. One point that is being stressed is that the con- stant presence of a matron is necessary at all performances to which children are admitted without a parent or guardian. Directors Ask New Minimum Wage Rate Hollywood, Jan. 27. — A minimum wage scale ranging from $300 to §500 weekly for directors, depending on whether they handle features or shorts, was asked over the weekend by the Screen Directors Guild, which placed before a committee of pro- ducers and directors demands for changes in the basic agreement. If the conciliation committee, con- sisting of Roy J. Obringer and B. B. Kahane for the producers and John Ford and George Stevens for the di- rectors, does not agree, the matter will go to an arbitration committee. The latter group includes Al Licht- man and Jacob Karp for the pro- ducers and John Cromwell and Ernst Lubitscli for the guild. Under the proposed wage scale, directors on short subjects, montages and second units would receive $300 weekly ; Western features and serials, $350, and features $500 weekly. ' Arizona* Is High in Omaha with $6,400 Omaha, Jan. 27. — "Arizona," du- aled with "Always a Bride," was good for $6,400 at the Brandeis. "Cheers for Miss Bishop" grossed $7,800 at the Omaha. Estimated takings for the week end- ing Jan. 22-23 : "Arizona" (Col.) "Always a Bride" (W. B.) BRANDEIS — (1.200) (30c-40c-44c) 7 days. Gross: $6,400. (Average, $4,000) "Cheers for Miss Bishop" (U. A.) "Captain Caution" (U. A.) OMAHA— (2,000) (30c-44c) 7 davs. Gross: $7,800. (Average, $6,000) "Four Mothers" (W. B.) "Hullabaloo" (M-G-M) ORPHEUM— (3,000) (30c-44c) 7 days. Gross: $8,100. (Average, $7,200) Joan Crawford Sued A hreach of contract suit for $25,000 was filed yesterday in N. Y. Supreme Court by Lee Morrison, producer, against Joan Crawford. The plain- tiff claims Miss Crawford violated an agreement made in November, 1939, to appear as the lead in "Death of a Rose." As a result, the complaint states, the financial backers of the play withdrew their support. Film Consent Decree Called 'Unique 9 in Fordham Review Calling the consent decree in the Government's anti-trust suit against the film industry "unique" in anti-trust litigation, William F. Whitman, New York attorney and secretary of K.A.O., has written an exhaustive analysis of the decree in the current issue of the Fordham Lazv Reviezu. "The decree differs from any which has been entered into under the anti- trust laws in the method of enforce- ment of its provisions," said Whitman. "Instead of merely prohibiting certain acts and leaving enforcement to the ordinary processes of contempt pro- ceedings instituted by the Govern- ment, the decree provides for a forum in which independent exhibitors, who are not parties to the decree, may_ have certain complaints promptly" heard and disposed of without any action by the Government or any court proceedings." After setting forth how the arbitra- tion system in the decree works and that contempt proceedings cannot be started against a consenting defend- ant unless he refuses to submit to arbitration, Whitman says : "The de- cree takes away no right of the ex- hibitor to bring suit in court under the anti-trust laws if he desires to do so." Whitman indicates that one of the reasons for unique features of the de- cree is that "the motion picture is unique in many of its essentials and it has not been possible to find much guidance from other lines of business." According to Whitman, the decree in some respects "sets up a code of con- duct for the motion picture industry." 'Santa Fe' and Noble $47,000 Chicago Draw Chicago, Jan. 27. — "Santa Fe Trail" and a stage show headed by Ray Noble took $47,000 at the Chi- cago Theatre. "Phantom Submarine," with a Lou Holtz unit on the stage of the State-Lake, drew $24,000. f' Estimated takings for the week en^* ing Jan. 24: "Love Thy Neighbor" (Para.) APOLLO— (1,400), 35c-55c-7Sc, 7 days. 2nd week. Gross: $6,000. (Average, $6,500) "Santa Fe Trail" (W. B.) CHICAGO— (4,000) (35c-55c-75c) 7 days. 2nd week. Stage: Ray Noble. Gross: $47,000. (Average, $32,000) "Dr. Kildare's Crisis" (M-G-M) GARRICK— (1.000) (35c-55c-75c) 7 days. Gross: $7,000. (Average, $5,000) "Hullabaloo" (M-G-M) ORIENTAL— (3,200) (25c-40c) 7 days. Stage: Rosemary Lane, Variety show. Gross: $16,500. (Average, $13,000) "Kitty Foyle" (RKO) "Saint in Palm Springs" (RKO) PALACE— (2,500) (35c-40c-60c) 7 days. 4th Week. Gross: $16,000. (Average, $13,000) "Chad Hannah" (ZCth-Fox) HOOSEVELT— (1.500) (35c-55c-75c) 7 days. 2nd week. Gross: $8,500. (Average, $11,000) "Phantom Submarine" (Col.) STATE-LAKE— (3,700) (25c-40c) 7 days. Stage: Lou Holtz unit. Gross: $24,000. (Av- erage, $15,000) "Comrade X" (M-G-M) UNITED ARTISTS— (1,700) (35c-55c-75c) 7 days. 3rd week. Gross: $8,000. (Average, $14,000) Legion Approves 5 Of Seven New Films Of seven new pictures reviewed by the National Legion of Decency for the current week, five were approved — two for general patronage and three for adults — and two were classified as objectionable in part. The new films and their classification follow. Class A-l, Unobjectionable for Gen- eral Patronage — "Along the Rio Grande," "Land of Liberty." Class A-2, Unobjectionable for adults — "Behind the News," "Girl in the Xews," "Six Lessons from Madame La Zonga." Class B, Objectionable in Part — "Come Live With Me," "Night at Earl Carroll's." Interstate Asks New Jorgenson Verdict Dallas, Jan. 27. — Interstate Cir- cuit has filed a motion to have the jury verdict of $1,500 set aside in the anti-trust action brought against the circuit in Federal Court here by H. N. Jorgenson, exhibitor. The circuit seeks to have judgment entered on its plea for a directed ver- dict made during the trial, or as an alternative, a new trial. If both mo- tions are overruled, the circuit plans to carry an appeal to the Circuit Court of Appeals at New Orleans. Grant Relatives Killed Five relatives of Cary Grant were killed during a recent air raid on Bristol, England, according to news dispatches. They were John Henry Leach, uncle of Grant, and Leach's wife, daughter, son-in-law and grand- son. Benny Due Today Jack Benny is scheduled to arrive here this morning via American Air- lines from the Coast. Tuesday, January 28, 1941 Motion Picture Daily 9 BMI Signs U. S. Decree, Ending Trust Prosecution Urge Change In Practices Of Commission Washington, Jan. 27. — Broad changes in the procedural practices of the Federal Communications Com- mission and other Federal administra- I^pSye agencies, involving separation of >/Jldicial and prosecutive functions, ' were recommended over the weekend by the Attorney General's Commit- tee on Administrative Procedure. The committee's recommendations were based on 23 months of study of the structure and operation of more than 30 Federal agencies. Its in- vestigation of the communications commission disclosed the need for broad reforms to smooth the path of applicants and bring about uniform- ity of practice. Investigation of the commission's operations disclosed that it is severely pressed by lobbyists, both from Con- gress and outside, but no attempt was made to evaluate the effect of Con- gressional pleas upon either individual commissioners or the commission as a whole. i Zenith to Have New Chicago FM Station i Chicago, Jan. 27. — Zenith Radio will construct a new FM station atop . the 45-story Field Building here, j making FM available to 5,000,000 persons in the Chicago area. In doing this, Zenith will increase the power of its present FM station from 5,000 to 50,000 watts and move it from its present location. A nine- year lease has been signed for the Field Building quarters, in the finan- cial section, effective May 1. The new station will serve an area more than 70 miles in radius. It is estimated that there are about 700 FM receivers in the area. Zenith sets sold for $100 or more in the future will provide for FM. No British Change In Score Charges London, Jan. 27. — British exhibi- tors are likely to continue during the war to pay the same music fees as they have during the past year to the Performing Right Society. A new agreement has been nego- tiated and awaits completion. It shows certain small modifications but in general follows the lines of the last agreement. When the last contract was nego- tiated between the Cinematograph Exhibitors Association and the P.R.S. it was stated that next time the li- censing society would demand in- creases. War conditions have pre- i vented this. 20th-Fox Signs Gabin Hollywood, Jan. 27. — Jean Gabin, French actor, has been signed by 20th Century-Fox and is expected to report at the studio in March. He is now in France. Jeon Renoir, French director recently signed by 20th-Fox, is here now and it is understood he will direct Gabin's first film. (Continued from page 1) in the "all-or-none policy" as applied to exhibitors, restaurants, hotels, radio stations and all commercial users of BMI music. Also dealt with are rights of transcription companies to use BMI music and restricting of price con- trol on recording of music. Meanwhile, in Philadelphia, Isaac D. Levy, member of the CBS board and chairman of the board of WCAU, Philadelphia, and John G. Paine, Ascap general manager, in a debate, both asserted that the radio music war would be settled within a month. Levy asserted that BMI was "recog- nized" under the consent decree and added that Ascap would be the only one indicted. Paine said that both sides "are going to get together soon," while Levy declared: "Don't worry. This will all be settled in a month or so." Neville Miller, president of the National Association of Broadcasters and BMI, de- clared that the provisions "embody both the spirit and intent behind the original or- ganization of BMI." "BMI was formed after the broad- casters of America had vainly struggled for 10 years to induce Ascap to discontinue its monopolistic prac- tices. These practices compelled broadcasters to buy popular music as a whole, regardless of how little of it the individual broadcaster might demand on the receipts of all pro- grams, whether these programs used Ascap music, other music or no music." 2 Philippine Outlets Join NBC; Total 227 Two Philippine Island stations, HZRH, Manila, and KZRC, Cebu, have become affiliated with NBC. Both stations operate standard broad- cast band transmitters as well as short wave outlets. The direct point-to- point transmission rate will be $440 per hour and the delayed broadcast rate will be $180 per evening hour. With the addition of the two stations, NBC now has 227 affiliates. WHDL, Olean, New York, will join NBC-Blue Saturday. It will be a bonus outlet available to sponsors using WJTN, Jamestown, N. Y. WHDL operates on 1,420 k.c. with 250 watts unlimited time. The cut-in announcements rate will be $6 nights and $3 days. Effective Feb. 15, WGBF, Evans- ville, and WBOW Terre Haute, Ind., will be available only as a two-station package, supplementary to either the Red or Blue basic networks. Drops Circuit Post To Operate Station Cincinnati, Jan. 27. — L. B. Wil- son, who has been president of the L. B. Wilson Theatres in Covington, Ky., since the organization of the com- pany in 1922, has resigned that post to devote his entire time to operation of Station WCKY, local CBS affiliate, of which he is president and general man- ager. George L. Hill was elected cir- cuit president, Thomas E. Hill, secre- tary, and William Macklin, treasurer. Wilson will be vice-president. 7 -Point Decree (Continued from page 1) broadcaster be required to pay a fee which is based on pro- grams which carry no BMI music. 4. BMI will never require a license from more than one station in connection with any network broadcast. Licenses will be issued to networks or originating stations. 5. Manufacturers of electrical transcriptions, or sponsors, or advertisers on whose behalf such electrical transcriptions are made, will, if they so de- sire, be able to obtain licenses for the use of such transcrip- tions for broadcast purposes. 6. BMI agrees never to en- gage in an all-or-none policy in licensing its music. That is, motion picture exhibitors, res- taurants, hotels, radio stations, and all commercial users of BMI music will be able to ob- tain the right to perform any BMI compositions desired with- out being compelled to accept and take the entire BMI catalogue. 7. BMI agrees that it will not attempt to restrict the per- formance rights of its music for the purpose of regulating the price of recording its music on electrical transcriptions made for broadcast use. Seek New Station In West Virginia Washington, Jan. 27. — Application for authority to build a new 1,420- kilocycle, 100-watt broadcasting sta- tion at Wheeling, W. Va., has been filed with the Federal Communica- tions Commission by the Tri- State Broadcasting Corp. of that city. The commission also disclosed that it tentatively had fixed March 17 as the date for a hearing on the applica- tion of Station WDGY, Minneapolis, for change of frequency from 1,180 to 1,100 kilocycles and increase of power from 1,000 watts night, 5,000 watts day, limited to KOB, to 5,000 watts night, 10,000 watts day, unlimited. Musicians* Union Reelects Cowardin Richmond, Va., Jan. 27. — Frank P. Cowardin has been reelected presi- dent of the Richmond Musicians' As- sociation. Other officers, also re- elected, include : Marshall Rotella, vice-president ; Carl Wallnau, secre- tary, and William Troxell, treasurer. The board of directors includes : Jay Kaufmann, J. R. Boykins, Henry Bry- an, Claude Elam, Gordon Smith, Ran- dolph Robertson and Nathan Opple- man. 831 Stations in U. S. Washington, Jan. 27.- — Replying to a communication, the FCC advises that as of Jan. 1 there were 831 standard broadcast stations licensed and 51 construction permits outstand- ing. Hearings Will Be Held Soon On Television Washington, Jan. 27. — Televi- sion interests today were assured by Chairman James L. Fly of the Federal Communications Commis- sion that formal hearings on the adoption of standards leading to commercialization will be held "in the near future." The chairman's promise was made at the opening of a con- ference at which chairmen of the nine panels comprising the National Television Standards Committee laid before the FCC "progress" reports. The chairman of each panel ex- plained at length the decisions which had been reached on the standards problems in its jurisdiction, in some instances with minority reports of dis- agreement with conclusions reached. It was disclosed that a number of minor changes had been made in the standards originally proposed by the Radio Manufacturers Association as a result of further experimentation. FM was held to be the best method for sound transmission in television. Color will have a prominent place in television, the commission was told, bui there are a number of problems yet to be ironed out. The television representatives were warned by Chairman Fly at the outset of the meeting that the question of adopting standards was not under consideration, nor the question of commercialization, both of which will be dealt with later, after study of the committee reports presented today. Directors Reelect Officers of Mutual W. E. Macfarlane was reelected president and Alfred J. McCosker chairman of the board by the Mutual board of directors at the annual meet- ing in Chicago last week, it was an- nounced yesterday. Theodore C. Streibert and Lewis Allen Weiss remain executive vice- presidents ; E. M. Antrim, executive secretary and treasurer ; Fred Web- er, general manager, and Miles E. Lamphiear, auditor. Directors elected at the annual stockholders' meeting were Macfarlane, Antrim, McCosker, Streibert, H. K. Carpenter, John Shepard III, Weiss, Willett Brown and Weber. A contract admitting the Buffalo Broadcasting Corp., operators of WGR, Buffalo, to membership in the network was approved by the direc- tors. Operating board members elected were : Frank P. Schreiber, newly appointed member from WGN, Chicago ; Streibert, Shepard, J. E. Campeau, Hulbert Taft, Jr., Carpen- ter, Weiss, Eugene O'Fallon, William Dolph, Weber and Edward W. Wood, Jr. • • • SPECTACULAR! SENSATIONAL! THE BIGGEST BOX-OFFICE PERFORMER in a month of moons! . . . Three-day towns holding over for a week and ten days! . . . Strict one- week spots going for two weeks and more! . . . FIFTH WEEKS in Chicago, Washington, Boston, Providence, Philadelphia! . . . FOURTH WEEKS in New York, Cleveland, Kansas City — and scores more towns going for third and second weeks all over the nation! MAKE YOUR PLANS NOW FOR AN EXTENDED RUN!* r ;< o RADIO PICTURES Thousands of Theatres are using CT Product Digest is Motion Picture Herald's new and val- uable exhibitor service section. It is a master index to all infor- mation available to date on 1940-41 product and provides synopses, casts, release dates, re- view dates, audience classifica- tion, Legion of Decency ratings, running time, production num- bers and other information of inestimable value. - . . and for your convenience THIS BEAUTIFUL RING BINDER AT ACTUAL COST PLUS HANDLING A well known manufacturer of ring binders has agreed to fur- nish leather ring binders (ll" x \2Ys'f) for the Product Digest section which appears in the Motion Picture Herald every other week at the actual manu- facturing cost of 54c which in- cludes handling charges. 54c MAIL COUPON TODAY QUIGLEY BOOKSHOP ROCKEFELLER CENTER, NEW YORK, N. Y. Please send me a leather ring binder for the PRODUCT DIGEST section of MOTION PICTURE HERALD. I enclose 54c covering the manufacturing cost, which includes handling charges. Name Address City State. . ivv. ■-' Name of Theatre 1 to the Picture Industry ition MOTION PICTURE DAILY VOL. 49. NO. 20 NEW YORK, U. S. A., WEDNESDAY, JANUARY 29, 1941 TEN CENTS Quigley Award Value Is Cited By Bernhard Stresses Importance at Annual Judging By SAM SHAIN "The Quigley Awards will be more important and influential in the future than ever before." That's what Jo- seph Bernhard, general manager of Warner Bros. Theatres, told a d i s t inguished gathering of show- men from many branches of the in- dustry yesterday, at a luncheon at which he was the chief speaker and which was held at the Hotel As- tor, in connection with the judging Joseph Bernhard rf ^ geventh Annual Quigley Grand Awards con- ducted by the Managers' Round Table Department of Motion Picture Herald. Martin Quigley was toastmaster. Other speakers were R. J. O'Donnell of the Interstate Circuit and A-Mike Vogel. In attendance were industry leaders from every part of the country, in- cluding W. G. Van Schmus, managing director of the Radio City Music (Continued on page 3) Edward Small Plans 5 Features for U. A. Hollywood, Jan. 28. — Edward Small announced today plans for five features, to be produced for United Artists release during 1941. Within two weeks, Small will start work on two of the five pictures. The five are "The Corsican Brothers," announced as part of the current sea- son's program ; and "My Official Wife," by Ernest Vajda; "Sabotage;" "She Was a Working Girl," and a fifth, as yet untitled. Awards Pictures Pictures of some of the judges and speakers at the luncheon marking the Quigley Grand Awards selections, at the Hotel Astor yesterday, will be found on page 6. Delay Variety Club Affair to May 15-17 Pittsburgh, Jan. 28.— The Variety Club national con- vention has been postponed from April 17-19 to May 15- 17, at the Traymore Hotel in Atlantic City. Jay Emanuel is program chairman, and other commit- tees will be announced soon by national Chief Barker John Harris. 20th-Fox to Make No Sales Changes Because of Decree Twentieth Century-Fox will make no change in either its distribution setup or in personnel for selling op- erations under the consent decree un- less subsequent developments make such changes necessary, Herman Wob- ber, general sales manager, said yes- terday on his return to New York from several weeks of conferences at at the studio on company opera- tions under the decree. "At present," Wobber said, "we see no necessity for making any revision in the sales organization, such as in- creasing sales districts, or adding to the home office sales staff. Without such changes there is no necessity for putting on additional salesmen. This is our decision at the moment, but if, in three or four months we see the necessity for making such changes, {Continued on page 3) Universal Shows $2,390,722 Profit, Increase of 107% Net profit of $2,390,722 after all charges and provision for Federal taxes was reported by Universal Pic- tures Co., Inc., yesterday for the 53 weeks ended Nov. 2, 1940, the com- pany's past fis- t^. cal year. Tin- result represents a gain of 107 per cent over the net profit of $1,153,321 for the p r e c e d i ng fiscal year. Universal re- ported gross in- come for the year of $27,- 67 7, $27, com- pared with $23,878,868 for the preced- ing year, and representing a four-year gain in gross income of $10,269,373. The company's gross foreign revenue, during its first full year of war time operations, amounted to $10,123,366 last year, compared with $8,987,128 for the preceding year. Of this amount, British revenue accounted for £1,306,187, compared with £859,084 for the 1939 fiscal vear. Universal with- drew $1,300,000 from Britain last year and has $1,524,000 blocked in London, according to the report. J. Cheever Cowdin, chairman of the board, states that while Universal in- creased its domestic and Canadian (Continued on page 3) N. J. lSliunberg Urge Showmen to Serve As Defense 'Dollar Men Philadelphia, Jan. 28. — More than 200 exhibitors who attended a meet- ing on industry cooperation with the Government on national defense were urged by Harry Brandt, New York circuit operator and principal speaker at the meeting, to serve as "dollar a year" men on the defense program. Brandt, outlining plans for local participation in the program, said that it was designed not only as an aid for the Government but to retain "control of the screen in industry hands." He predicted that Lowell Millet would be designated by Presi- dent Roosevelt as Government co- ordinator for the industry's defense activities, and said that the coordina- tor, working with exhibitors, would decide questions of policy such as reduced admissions for enlisted men and draftees. All requests for the use of stage or screen for defense activities, when made locally, will be passed upon by the national com- mittee, Brandt said, to relieve the ex- hibitor of responsibility. "Power for Defense," a patriotic subject for which National Screen Service donated 4,000,000 feet of film, will be distributed by the industry committee. Brandt also extolled Warners' patriotic shorts and said that the company eventually will pro- vide them without charge to exhibi- tors unable to pay for them. Jay Emanuel, head of the local com- mittee, presided. William Crockett, president of M.P.T.O. of Virginia, who attended, will relay instructions to a convention of his organization in Washington next week. Decree Talks Are Resumed BylLS.,Ascap Conferences Never Ascap Asserts Off, Negotiations for a consent decree are continuing between Ascap and the Department of Justice, an official of the music society said yesterday, add- ing that the negotiations are not the result of the acceptance by Broadcast Music, Inc., of a consent decree con- ditioned upon Ascap's submission to similar terms. "Conferences between Ascap attorneys and the Government regarding a consent decree were not 'broken off' last month," the Ascap official said. "Statements to the effect that they had been were in error. Those conferences have been going on continuously. When anything results from them which is regarded as acceptable to the society it will be sub- mitted to the board of directors immediately for action." "This does not represent any change of policy or attitude on Ascap's part," the official continued. "We have al- ways hoped for an early settlement of the differences between the Gov- ernment and the networks, on the one hand, and ourselves on the other. The acceptance of a consent decree by B.M.I, has not influenced our course in any particular. In fact, we have not even seen that decree." It was stated, however, that Ascap does not regard the B.M.I, decree as having any immediate significance for the music society due to what was (Continued on page 3) Universal, Pathe Lab in 2-Year Deal Universal board of directors at a meeting yesterday approved a two- year contract for the handling of all of its laboratory work by Pathe Labo- ratories. The work was formerly handled by Consolidated Film Indus- tries. The change follows the recent re- funding by Universal of a matured mortgage of $1,000,000 which, had been held by Consolidated on the Universal studio since 1934. A con- dition of the old mortgage gave Con- solidated the laboratory work. Uni- versal stated that a "substantial" saving in cost will result from the new contract. 2 motion Picture Daily Wednesday, January 29, 1941 Personal Mention Coast Flashes Hollywood, Jan. 28 Shirley Temple, Ann Southern and Eleanor Powell will be starred in "Panama Hattie," current Broadway musical, which M-G-M announced to- day it had acquired for $140,000. Arthur Freed will produce. • Joseph M. Schenck, chairman of the board at 20th Century-Fox, left to- night by train for Kansas City where he will take a plane to New York. • Commander Arthur Jarrett of the Royal Navy and British Ministry of Information will arrive tomorrow for conferences with Darryl Zanuck and William Goetz on "The Eagie Flies Again," 20th Century-Fox production dealing with the Royal Air Force. • Harry Sherman returned here to- day from Chicago, where he attended the Balaban & Katz testimonial dinner for Barney Balaban late last week. Meet in Chicago on Greek Relief Drive Chicago, Jan. 28. — The progress of the current drive throughout the country for the Greek Relief Fund was the subject of a meeting here tonight. Among the theatre executives who were in attendance were the following : John Balaban, of Balaban & Katz ; James Coston, Warner Theatres ; Van Nomikos ; Harold Fitzgerald, operat- ing head of Wisconsin Amusement Co. ; Harry Reckos ; Spyros Skouras, head of National Theatres, and others. SIDNEY R. KENT president of 20th Century-Fox, is expected to- morrow from Hollywood. • James R. Grainger, president of Republic, is in Dallas. He will stop over in Washington prior to return- ing here on Monday. • Robert Weitman, John Barry, Sidney Phillips, I. E. Lopert, Tay- lor Holmes, Robert Nathan, Leif Erickson, Nat Karson, Brock Pem- berton, Max Gordon and John Golden at Sardi's yesterday for lunch. • Ralph Hughes, assistant manager at the Regent Theatre, Ottawa, has enlisted in the Royal Canadian Engi- neers. Louis Nizer and Mrs. Franklin D. Roosevelt lunching at the Hotel Algonquin yesterday. • Nate Blumberg, Charles Stern, Harry Gold and Joseph Pincus hav- ing lunch yesterday at Lindy's (51st St.). • Abe Montague, William Moses and Lou Weinberg at Lindy's (next to the Rivoli) yesterday for lunch. • James Smith, Douglas Rothack- er, William Barnett and Charles Paine lunching yesterday at the Tav- ern. • George Keenan, manager of the Grand Theatre, Ellsworth, Me., is vis- iting here. NEIL F. AGNEW, Paramount vice-president and distribution head, left for Toronto last night for several days of conferences with J. J. Fitzgibbons, managing director of Famous Players Canadian Corp. • Del Goodman, newly appointed Canadian sales manager for Para- mount, will leave for Toronto on Fri- day to assume his new post. • Abe Schneider, Columbia treasur- er, will return to New York today from a three-week vacation in Flor- ida. Lester Cowan will arrive from the Coast by plane tomorrow. • George Skouras. Richard Rodgers. Max Dreyfus, Max A. Cohen and Alexander Woollcott lunching at Nick's Hunting Room in the Astor vesterday. Ben Simon, manager for 20th Century-Fox in New Haven, and Mrs. Simon are taking their vacation in short motor trips. • The "grippe list" in the New Haven area includes : Earl Wright. 20th Century-Fox ; Jack Brassil, Loew - Poli Theatre ; Timothy O'Toole, Columbia manager ; Edward Ruff, Paramount manager; Thomas Malt.er. manager of the Lenix, Hart- ford ; Randy Maller, Strand, New Britain ; Jack Sanson, State, Man- chester ; Frank Mullen, Al Davis and Ethel Phillips of M-G-M, New Haven. • FrxLEY McRae. trustee of the houses owned by the estate of Harry M. Brouse, has been elected presi- dent of the Ottawa branch of the Canadian Red Cross. U.A. Motion Up in Oklahoma Friday A hearing on United Artists' mo- tion to dismiss the Government's amended complaint in the Griffith Amusement Co. anti-trust suit will be held in Federal court at Oklahoma City on Fridav. Edward C. Raftery of " O'Brien, Driscoll & Raftery, United Artists counsel, is en route to argue the motion. The court is expected to reserve decision following the hearing. Mean- while, answers of LTnited Artists, Columbia and Universal to Govern- ment interrogatories in the Oklahoma City action, which were to have been due Saturday, are being deferred until the motion to dismiss is decided. Brothers in Theatre Montgomery, Ala., Jan. 28. — Charles T. Rook, manager of the Charles Theatre, has disclosed the as- sociation with him as associate man- ager of his brother, Albert E. Rook. =NEW YORK'S FINEST= Edison Motion Picture Studio HAS EVERYTHING! Large and small sound stage — Latest equip- ment — Rehearsal rooms — Private projection theatre — Executive offices — Conveniently located. MODERATE RATES Phone CHIckerlng 4-8116-7-8 Newsreel Parade T ATE developments in the inter- J~j national situation shown in the nczv issues include the- British victory at Bardia, an Axis attack on British ships in the Mediterranean and the arrival in Canada of ATaci prisoners of war. Also recorded are the arrival of Lord and Lady Halifax at Annapo- lis on a British battleship, and Harf Hopkins' visit to Prime MinisVjf Churchill in London. The contents: J MOVIETONE NEWS, No. 41— Halifax arrives. Italian prisoners taken at Bardia. British ships in Mediterranean battle. Hop- kins in London. King George and Queen Elizabeth in Sheffield. Nazi prisoners in Canda. Spring fashions. Skating in Wis- consin. Bob-sledding in Maine. NEWS OF THE DAY, No. 239— British Mediterranean fleet fights off attack. Bar- dia falls. London clears debris after attack. Ship launched on banana peels. Halifax ar- rives. Bob-sled runs. Skiing. PARAMOUNT NEWS, No. 44— German airmen in Canada prison camp. Probe St. Louis plane crash. Texas quadruplets have second birthday. Halifax here from Lon- don. Col. Lindbergh testifies to House committee. Churchill receives Hopkins. London after air raid. Greeks advance in Albania. Mediterranean battle. Bardia cap- tured. New Yorkers leave for winter sports. Track meet in Boston, Bob -sledding in Maine. RKO PATHE NEWS, No. 44— Bardia falls. British ships in the Mediterranean fight off attack. Hopkins visits Churchill. British envoy arrives on warship. German prisoners in Canada. Plane crash in St. Louis. Bicycling under water. Basketball star displays skill. Ice skating meet in Wisconsin. UNIVERSAL NEWSREEL, No. 949- Halifax arrives. Bardia taken. Hopkins in London. Wounded British fliers in London. Nazi prisoners in Canada. Boat launched on banana peels in Beaumont. Fiesta in Texas. Rodeo in Florida. Bob sledding in Maine. Horowitz Leaves Circuit in Indiana Indianapolis, Jan. 28. — Morris Horowitz has retired as president of the Fountain Square Theatre Co. and is succeeded by Bennett E. Sagalow- sky, with whom he established the firm 12 years ago, and who has been treasurer. * Directors named Earl Cunningham and J. A. Sagalowsky vice-presidents and E. C. Dean secretary-treasurer. The company began with the Foun- tain Square and later added the Sanders and the Granada. Cunning- ham manages the three houses. MOTION PICTURE DAILY (Registered U. S. Patent Office) Published daily except Saturday, Sunday and holidays by Quigley Publishing Company, Inc., 1270 Sixth Avenue, Rockefeller Center, New York City. Telephone Circle 7-3100. Cable address, "Quigpuhco, New York." Mar- tin Quigley, Editor-in-Chief and Publisher; Colvin Brown, Vice-President and General Manager; Watterson R. Rothacker. Vice- President; Sam Shain, Editor; Alfred L. Finestone, Managing Editor; James A. Cron, Advertising Manager; Chicago Bureau, 624 South Michigan Avenue, C. B. O'Neill, Manager; Hollywood Bureau, Postal Union Life Building, William R. Weaver, Editor; London Bureau, 4 Golden Square, London Wl, Hope Williams, Manager, cable address "Quigpubco, London." All contents copy- righted 1941 by Quigley Publishing Com- pany, Inc. Other Quigley publications: Motion Picture Herald, Better Theatres, International Motion Picture Almanac and Fame. Entered as second clasi matter, Sept. 23, 1938, at the post office at New York, N. Y., under the act of March 3, 1879. Subscription rates per year $6 in the America! snd $12 foreign. Single cople* 10c. AMERICAN'S SOUTHERN SUNSHINE ROUTE * Five American Flagships daily take you along the Southern route across Virginia, Tennessee, and through the sunshine of Texas and Arizona to Los Angeles and the Pacific Coast. Save days of time, enjoy every minute of your trip. For reservations, call your Travel Agent or HAvemeyer 6-5000. Ticket Offices: 18 W. 49th St. at Rockefeller Center and Airlines Terminal, Park Avenue at 42nd St. AMERICAN AIRLINES ROUTE OF THE FLAGSHIPS Wednesday, January 29, 1941 Motion Picture daily 3 Decree Talks Are Resumed BylLS.,Ascap (Continued from page 1) described as "the basic differences in the two organizations." B.M.I., it was said, is not, like Ascap, an association copyright owners but is, rather, "a usic publishing organization." Conferences Expected To Start Today or Tomorrow Washington", Jan. 28. — Represen- tatives of Ascap are expected to seek conferences with Department of Jus- tice officials tomorrow or Thursday, it was indicated here today. It was stated, however, that it is extremely unlikely that any basis of agreement will be reached immediately. It is understood that the demands of the Department on Ascap go , further than those on B.M.I., and in- clude a reorganization of the society itself to break the domination wielded by the allegedly self-perpetuating management now in control. Previous settlement negotiations be- tween the Government and Ascap were halted late last month, largely as a result, it was said, of internal differences in the music society. 68 Critics, Editors To 'Street' Opening A delegation of 68 critics and film editors from 34 leading cities, news- paper columnists and syndicate writ- ers, and trade paper and fan maga- zine representatives will attend the two-theatre premiere of Universal's "Back Street" in Miami next Tues- ) day. The Eastern delegation will , leave for Miami on Saturday. ] Trade press representatives will in- clude : Sam Shain, Red Kann, Don Mersereau, Jay Emanuel, Pete Har- rison, Charles E. Lewis, Moe Wax, Lionel Toll, Herb Stein and Arthur Ungar. Universal officials who will attend include : Charles D. Prutzman, vice- president and general counsel ; Samuel Machnovitch, treasurer ; Peyton Gib- . son, secretary ; J. H. Seidelman, vice- president and foreign manager ; John Joseph, advertising and publicity di- rector, and Lou Pollock, Eastern ad- vertising and publicity manager. Others who will attend include : Deanna Durbin, Bruce Manning, pro- ducer of the picture; Robert Steven- son, director, and his wife, Anna Lee, and Felix Jackson, co-author of the 1 screenplay. 20th-Fox to Make No Sales Changes (Continued from page 1) they would be made at that time." The company expects to schedule ; approximately the same number of fea- i tures for production next season as in recent seasons, that is, 48 to 52. 1 The company's first block of five is J expected to be ready for trade show- ings about mid-Summer. Cinema Club to Elect Cincinnati, Jan. 28.— The Cincin- nati Cinema Club will hold its annual election of officers Saturday. Value of Quigley Awards Is Lauded By Bernhard (Continued from page 1) Hall ; Tom Connors, Eastern and Ca- nadian sales manager of M-G-M ; Louis W. Schine, vice-president of the Schine Enterprises, Inc; Alex Manta, president of the Indiana- Illinois Theatres; Arthur Mayer, Rialto Theatre impressario ; Bob O'Donnell, executive operator of the Interstate Theatre Circuit, of Texas; Bob Wilby, of the Wilby-Kincey Theatres, North Carolina ; Ned De- pinet, vice-president in charge of dis- tribution of RKO ; Andy Smith, RKO sales manager ; Leonard Gold- enson, Terry Ramsaye, editor of Motion Picture Herald; Colvin Brown, Leon Netter, Robert Gill- ham, Barret McCormick, Mort Blu- menstock, Si Seadler, Harry Gold- berg, Maurice Bergman, David Lip- ton, John O'Connor, vice-president and general manager of RKO The- atres ; C. J. Scollard and Harry Man- dell. Bernhard praised the spirit and enthusiasm created by the Quigley Awards among the theatre men generally, not only in the field but in the home offices, also. This is one of the principal services rendered by the Awards, Bernhard stated, and for this Warner Bros. Theatres management is grateful. "Next year," said Mr. Bernhard, "under the consent decree, theatre managers will be called upon for greater showmanship than ever before demonstrated. Hitherto, we have al- ways had our cupboards filled with product. Under the consent decree, when pictures will be sold in block- of-five, we will have to nurse the pictures and devise new and ingen- ious methods by which to realize their fullest box-office values. 'Must Sell Product' "We will have to sell product, irre- spective of casts and names. It's easy to sell films with big names. Next year we will be called upon to demonstrate our showmanship with new faces, because Hollywood will have to get new faces. It will be impossible for Hollywood to earn- on with the old faces at big salaries now that the foreign business lias been lost." Quigley Thanks Guests In opening the luncheon program, Quigley on behalf of himself and as- sociates thanked the many distin- guished guests for their attendance and gave praise to the theatre men in the field who have helped make the Quigley Awards the successful industry project which it is. The principal purpose of those who are responsible for the project is to pro- vide a stimulus, guide and direction to those who are engaged in advertis- ing and exploiting the pictures. R. J. O'Donnell lauded the Quigley Awards for the energy and efforts represented therein. A-Mike Vosrel, conductor of the Round Table De- partment of Motion Picture Herald, added a note of welcome to the guests. Quigley Awards Luncheon Guest & Following is the list of guests, in- cluding the judges, attending the Quigley Awards luncheon at the Astor Hotel yesterday : Martin Quigley, Terry Ramsaye, Joseph Bernhard, W arners ; R. J. O'Donnell, Interstate Circuit ; W. G. Van Schmus, Music Hall ; Alex Manta, Indiana-Illinois Theatres ; Ned E. Depinet, RKO; A. W. Smith, Jr., RKO; Robert M. Gillham, Para- mount ; C. J. Scollard, Paramount ; Irving Lesser, Roxy Theatre ; Sam Shain ; Louis W. Schine, Schine The- atres ; Al Sindlinger, March of Time ; Leon J. Bamberger, RKO; F. J. A. McCarthy, Universal ; W. J. Heine- man, Universal ; Mort Blumenstock, Warners ; Si Seadler, Loew's ; David E. Weshner, United Artists ; Nat Wolf, Warners ; Leonard Schlesinger, Warners ; James Cron. Richard M. Dobie, Editor & Pub- lisher; Syd Carter, Printers Ink ; Ray Gallagher ; William R. Ferguson, Metro ; Charles Jones, Republic ; David Whalen, Republic ; Harry Goldberg, Warners ; Harry Mandel, RKO; J. J. O'Connor, RKO; Lou Goldberg, RKO; Sol Schwartz, RKO; Ted Sullivan; Martin Quig- ley, Jr. ; David Lipton, Columbia ; Arthur L. Mayer, Rialto ; Maurice Bergman, 20th Century-Fox ; Herb Fecke ; Leo Brady ; Gertrude Mer- riam ; Lou Preston, Endicott The- atres ; Leon Netter, Paramount ; Col- vin W. Brown ; S. Barret McCormick, RKO ; T. J. Connors, Metro ; Edwin A. Aaron, Metro; Dick Stout, Inter- state Circuit ; I. B. Adelman, Inter- state Circuit ; Charles Casanave, Na- tional Screen Accessories; Harry Kirchgessner, National Screen Acces- sories ; Harry D. Buckley, United Art- ists ; E. C. Grainger, M. A. Shea En- terprises ; R. B. Wilby, Wilby-Kin- cey. Pittsburgh Shows Bring New Interest Pittsburgh, Jan. 28. — A business pickup at the Stanley, where vaude- ville was resumed last week, and the Casino, where four vaudeville acts have been added to the standard bur- lesque unit, indicates a renewed pub- lic interest in live entertainment on theatre stages, according to house ex- ecutives. Publicity Director Frank Shenkel of the Casino maintains that the bur- lesque circuit, with 14 theatres on the eastern wheel and 14 on the western, could become the nucleus of a circuit similar to the old Keith route. Oc- casional stage appearances of name bands and units at suburban theatres also draw bigger grosses than straight pictures. Para. Plans Three Blocks-of-5 Films Paramount plans to have three blocks of five features, each ready for selling by the start of the new season, the first block of five to be ready by early Summer, Neil Ag- new, vice-president in charge of distribution, said yester- day. Agnew indicated that Para- mount would increase its production schedule "con- siderably" for next season, and stated that every picture sold on the current season's schedule will be delivered "without any changes." Curtice Circuit Aide San Francisco, Jan. 28. — Fred Curtice, assistant manager of the Up- town Theatre, has been named assist- ant to Roy Cooper, division manager of the Golden State and San Fran- cisco Theatres, Inc, Universal Shows $2,390,722 Profit, Increase of 107% (Continued from page 1) cash receipts by $2,602,535 to a total of $18,073,055 last year, the company is continuing its efforts to make itself completely independent of foreign bus- iness "and is hopeful that this may be accomplished this year." He reports that British business so far this year is well ahead of the same period last year and that gains in Ca- nadian business have more than offset the decrease in Canadian exchange rates. The company's consolidated and working assets and other cash and accounts receivable, including restricted sterling amounted to $12,953,683, and current liabilities were $4,- 241,774. Net working capital of $6,823,563 compares with $5,- 512,194 the year before. Cash on hand as of Nov. 2 last was $1,428,283. Total assets are listed at $15,594,687. While the company provided for a special amortization reserve of $10,000 per week to cover foreign revenue losses last year, it actually used only $300,000 for this purpose. The com- pany paid taxes of $1,210,648 during the year, which was equivalent, Cow- din said in his report to stockholders, to approximately 50 cents for every dollar of net profit. The report paid tribute to Nate J. Blumberg's four years of management with Cliff Work in charge of produc- tion, W. A. Scully in charge of sales and J. H. Seidelman in charge of for- eign operations. It was pointed out that the company is farther advanced on its current production and release schedule now than it has been for many years past and that the pictures have been brought in under the total production budget set for them. It was also revealed that the com- pany has retired or purchased for re- tirement 7,261 shares of its first pre- ferred stock at an average price of $118.03 since the beginning of 1940. This includes 4,591 shares purchased last month in response to invitations from the company for tenders of shares, out of a fund of $1,000,000 bor- rowed for the purpose. Cowdin closes his report with a pre- diction of increased theatre attendance and consequent further improvement for the company this year. J "GWTW returns to the Capitol and tops road show recordsl Held overl "SAME 4m LAST 91 SB YEAR! of ^*GA*L,* GOHE WtTM . 1U IMP ' _ L_.,r. Of Marring tw» ~ TwaBD .OU^ LEIGH • lESUt HO" ^jhiCK O.HAVHLAHD • A p|CTOtE mm N. Y. TIMES, JAN. 27, 1941 Ccf m Prices Brings Gain For 'Gone With the Wind* THE MIRACLE OF SHOW BUSINESS! A year later! But the same crowds, cops, cash! A year later! And "GWTW" tops its own records! Last week the first 13 engagements Electrified the industry and held over! Now a 3rd week is announced! (Boston, St. Louis, Washington, Bridgeport, Hartford, New Haven, Worcester) And every new opening is terrific! (Baltimore, Akron, Canton, Providence, Waterbury, Memphis, Kansas City, etc.) And each one a hold-over! No matter how long a period It played previously It's as though it never played before! And an interesting development is that Small towns are even topping the big towns! There has never been anything like it! It will never happen again in our lifetime! Give it everything youVe got of showmanship! It's the miracle of show business. "Gone With the Wind" regis- tered 10,432 more paid admissions on the first two days, last Thurs- day and Friday, of its return en- gagement at the Capitol than in the comparable period when it first opened at the theatre in De- cember, 1939. Matinee receipts were $1,017 above the original receipts, not- withstanding that current admis- sions represent a 50 per cent re- duction in the original price scale. Attendance increases of 30 per cent and increases of from 10 to 15 per cent in receipts also were reported in Cleveland, Ohio; Worcester, Mass. ; Bridgeport, Conn., and other representative cities, according to Metro-Gold- wyn-Mayer, the distributors. 6 Motion Picture daily Wednesday, January 29, 1941 Glimpses at Judging forQuigley Awards Martin Quigley addresses the R. J. O'Donnell of Interstate Circuit (left), and W. G. Van Schmus of Robert M. Gillham, advertising Quigley Awards luncheon guests. the Music Hall, listen as A-Mike Vogel speaks at the luncheon. and publicity chief of Paramount Arthur Mayer of the Rialto; William Ferguson, M-G-M exploitation John J. O'Connor, RKO Theatres Thomas J. Connors, Eastern and manager, and Louis Schine of the Schine Circuit in a discussion. head, studies an exploitation entry. Canadian sales managerfor M-G-M. S. Barret McCormick, advertising and publicity director for RKO, gives his attention to an item. Alex Manta, president of Indiana- Illinois Theatres, who made a spe- cial trip in from Chicago. Photos by staff photographer Maurice Bergman, 20th Century-Fox advertising manager (left), and Harry Goldberg, in the same spot for Warner Theatres, talk it over, with David Lipton of Columbia in the center background. ...AND THE GREATEST EXHIBITOR NEWS ANNOUNCED THIS SEASON! ANDREWS SISTERS ARLEN i OEVINE EDWARD ARNOLD LIONEL ATWILL ROBERT BENCHLEY i i a. CHARLES BOYER WALTER BRENNAN HELEN BRODERICK BRUCE CABOT MARLENE DIETRICH DEANNA DURBIN HUGH HERBERT DICK POWELL ROBERT PRESTON CHARLES RUGGLES S. 1. SAKALL MARGARET SULLAVAN FRANCHOT TONE RUDY VALLEE LORETTA YOUNG ROLAND YOUNG NIVERSAL WILL DELIVER FOR 1940-41 THE TOTAL NUMBER OF PICTURES PROGRAMMED! UNIVERSAL HAS ADDED TO THOSE PICTURES YET TO BE RELEASED STAR AND PRODUCTION VALUE ENOUGH TO TRIPLE THEIR TICKET-SELLING POWER! January 31st Release BUCK PRIVATES starring Abbott and Costello with Lee Bowman, Alan Curtis and The Andrews Sisters. Directed by Arthur Lubin. Associate producer, Alex Gottlieb. February 7th Release BACK STREET by Fannie Hurst, starring Charles Boyer and Margaret Sullavan, with Richard Carlson, Frank McHugh, Tim Holt. Directed by Robert Stevenson. Produced by Bruce Manning. February 14th Release MEET THE CHUMP starring Hugh Herbert, with Jeanne Kelly, Lewis Howard, Anne Nagel. Directed by Edward Cline. Associate producer, Ken Goldsmith. February 21st Release NICE GIRL? starring Deanna Durbin, with Franchot Tone, Walter Brennan, Robert Stack, Robert Benchley, Helen Broderick. Directed by William A. Seiter. A Joe Pasternak production. February 28th Release March 7th Release DARK STREETS of CAIRO MR. DYNAMITE with Sigrid Gurie, Ralph Boyd, Eddie Quillan, Katherine with Lloyd Nolan, Irene Hervey, J. Carroll Naish, Frank Gaby, DeMille, George Zucco. Directed by Leslie Kardos. Associate Ann Gillis, Robert Armstrong. Directed by Jack Rawlins, producer, Joseph G. Sanford. Associate producer, Marshall Grant. March 14th Release MODEL WIFE starring Joan Blondell, Dick Powell, with Charlie Ruggles, Lee Bowman, Ruth Donnelly. Produced and directed by Leigh Jason. (Tentative Tide) March 21st Release DOUBLE DATE March 28th Release FRANK LLOYD PRODUCTIONS, Inc., presents LADY FROM CHEYENNE starring Loretta Young with Robert Preston, Edward Arnold, Gladys George, Frank Craven, Jessie Ralph. Produced and directed by Frank Lloyd. Associate producer, Jack Skirball. April 4th Release MUTINY IN THE ARCTIC starring Richard Arlen and Andy Devine. . . AND THE GREATEST EXHIBITOR NEWS ANNOUNCED THIS SEASON! April 4th Release April 4th Release HORROR ISLAND MAN MADE MONSTER starring Lionel Atwill and Lon Chaney, Jr., with Frank Albertson, Anne Nagel, Samuel S. Hinds. Directed by George Waggner. April llth Release THE FLAME OF NEW ORLEANS starring Marlene Dietrich, with Bruce Cabot, Mischa Auer, Roland Young, Andy Devine. Directed by Rene Clair. A Joe Pasternak production. April 18th Release SKY RAIDERS-a Serial in 12 Episodes with Donald Woods, Billie Halop, Robert Armstrong, Kathryn Adams, Eduardo Ciannelli, Bill Cody, Jr., William Desmond. Directed by Ford Beebe and Ray Taylor. Associate Producer, Henry MacRae. April 25th Release THE MAN WHO LOST HIMSELF starring Brian Aherne and Kay Francis, with Henry Stephenson, S. Z. Sakall, Nils Asther. Directed by Edward Ludwig. Produced by Lawrence W. Fox, Jr. May 2nd Release BUTCH MINDS THE BABY A Mayfair production. Story by Damon Runyon. May 23rd Release TOO MANY BLONDES starring Rudy Vallee May 30th Release OH, CHARLIE starring Bud Abbott and Lou Costello. Directed by Arthur Lubin. June 6th Release MEN of the TIMBERLANDS starring Richard Arlen and Andy Devine. June 13th Release TIGHT SHOES A Mayfair production. Story by Damon Runyon. ..AND THE GREATEST EXHIBITOR NEWS ANNOUNCED THIS SEASON! June 20th Release June 27th Release NORTH of the KLONDIKE HIT THE ROAD starring The Dead End Kids and The Little Tough Guys. July 4th Release FRANK LLOYD PRODUCTIONS, INC., presents I, JAMES LEWIS (Tentative Title) Produced and directed by Frank Lloyd. Associate producer, Jack Skirball. July 11th Release July 18th Release CRACKED NUTS SANDY STEPS OUT starring Baby Sandy July 25th Release FIFTEEN FATHOMS DEEP starring Richard Arlen and Andy Devine. (Tentative Title) August 1st Release RAIDERS of the DESERT August 15th Release UNFINISHED BUSINESS starring Irene Dunne and Robert Montgomery. A Gregory la Cava production. August 22nd Release A DANGEROUS GAME starring Richard Arlen and Andy Devine with Jeanne Kelly. Directed by John Rawlins. Associate producer, Ben Pivar. August 29th Release A FRANK LLOYD PRODUCTION ... UNIVERSAL for 1941-42 Wednesday, January 29, 1941 MOTION PICTURE DAILY 11 Feature Reviews "Wild Man of Borneo" A PLAY by Marc Connelly and Herman J. Mankievvicz produced on Broadway in 1927, "Wild Man of Borneo" emerges on the screen as a lesser item of entertainment, which nevertheless, has moments of real amusement and a touch of pathos. It is the story of a medicine man of the '90's, interpreted skillfully by Frank Morgan, who attempts to leave his roving life to make a home for the daughter he has not seen in years. In the theatrical boarding house in New York run by a former actress, played by Billie Burke, Morgan plays out the game of lies he has developed so that his daughter will still believe her father is the great man she had been led to think him. Mary Howard plays the daughter, Donald Meek the boarder who hopes to marry Miss Burke, Bonita Granville the "too wise" daughter of a former actress, and Dan Dailey, Jr., the young man interested in the new films, who falls in love with Miss Howard. Howard Sinclair, who directed, wisely permitted Morgan to carry the greater part of the footage. The title refers to the job Morgan finally lands with an old friend of the medicine show days, in order to hold his fabricated position. Running time, 78 minutes. "G."* Charles S. Aaronson "Rolling Home to Texas" (Monogram ) Hollywood, Jan. 28 T~^\ ESPITE its short length, Monogram's "Rolling Home to Texas" features eight song numbers which slow up the action considerably. The picture stars Tex Ritter and features Cal Shrum and his Rhythm Rangers, with Slim Andrews, Virginia Carpenter, Eddie Dean, Jack Rutherford and Minta Durfee heading the cast. The climax occurs when Ritter, a United States marshal, deputizes the convicts at the state prison of which his uncle is warden and enlists their aid in capturing a band of criminals who have been inducing prisoners to violate the honor system by escaping and then murder- ing them. Edward Finney produced the picture, with Al Herman directing. Robert Tansey was the production supervisor. Uneven direction and stilted dialogue mark the offering. Running time, 63 minutes. "G."* Vance King Short Subject Reviews "The Happiest Man on Earth" (M-G-M) Here is a short film of unusual dramatic intensity. It depicts little more than two characters conversing, Wt the characterizations are very well done and the conversation grip- ping. In its original short story form, "The Happiest Man on Earth" was given the O. Henry Memorial Award. It concerns the poverty- stricken and travel-weary family man who approaches his wife's brother for a job delivering dynamite. The latter at first refuses but, moved by his pleas, subsequently gives him the job and a new outlook on life. Paul Kelly and Victor Killian both score as the two involved. Running time, 11 mins. "Pantry Pirate" (Disney-RKO) When Pluto, the much-abused pup, goes into the kitchen in pursuit of a succulent roast ham in the process of cooking, he runs into all sorts of problems. They include an encounter with a box of soap flakes in a pail of water, an ironing board and a stack of cups. It is all done in the highly engaging style of Walt Disney, which is enough to say. Running time, 8 mins. "Mediterranean Ports of Call" (M-G-M ) Dividing the footage between Al- giers and Monte Carlo, James A. Fitzpatrick has here an engaging- travelogue enhanced by splendid color photography and interesting commen- tary. In Algiers the over-crowded market places and a memorial to World War heroes are visited. The scene then shifts to the Principality of Monaco, in which is located Monte Carlo. Running time, 9 mins. "Fightin' Fools" (M-G-M) Irked by having their clothes knotted while swimming, the young- sters of Our Gang hold a council of war and decide that the pranksters should be punished. A big battle follows with over-ripe tomatoes very much in evidence, and with the Gang- victorious. The short is not up to the average of the series. Running time, 1 1 mins. "Respect the Law" (M-G-M) A "Crime Does Not Pay" short, this illustrates the necessity of obeying minor ordinances despite their appar- ent insignificance. It concentrates on a Health Department case in which a waterfront property owner bribes a Rodent Control Bureau agent and thus saves the cost of rat-proofing his property. A plague which takes a number of lives follows. The sub- ject is effectively presented. Run- ning time, 10 mins. *"G" denotes general classification. 'Wind' Blows Gale At Pittsburgh B.O. Pittsburgh, Jan. 28. — A mild flu siege failed to keep "Gone With the Wind" from taking $29,000 in its first week of popular prices at Loew's Penn, and "This Thing Called Love" hit $10,000 at the Senator. Estimated takings for the week end- ing Jan. 23 : "The Invisible Woman" (Univ.) "Get That Girl" (Univ.) FULTON — ( 1 ,800) (28c-44c) 7 days. Gross: $4,000. (Average, $5,000) "Gone With the Wind" (M-G-M) LOEW'S PENN — (3,400) (40c-55c) 7 days. Gross: $29,000. (Average, $13,000) "Comrade X" (M-G-M) RITZ— (800) (28c-39c-55c) 7 days, 4th week. Gross: $3,800. (Average, $3,500) "This Thing Called Love" (Col.) SENATOR— (1,700) (28c-39c-55c) 7 days. Gross: $10,000. (Average, $5,000) "You'll Find Out" (RKO) STAN LEY — (28c - 44c - 66c ) . Onstage: Sing- er's Midgets. 7 days. Gross: $15,500. (Average, $17,000) "The Thief of Bagdad" (U. A.) WARNER— (2,000) (28c-39c-55c) 7 days, 2nd week. Gross: $7,300. (Average, $5,000) Selznick Sets 'Eyre' Hollywood, Jan. 28.— David O. Selznick will make Charlotte Bronte's "Jane Eyre" as the first of three pic- tures, marking his resumption of production. The lead will be chosen from among Vivien Leigh, Joan Fon- taine and Katharine Hepburn, all un- der Selznick contract. 'Police' Washington Leader with $21,800 Washington, Jan. 28. — "North West Mounted Police" took $21,800 at the Earle. The first week of "Gone With the Wind" at popular prices grossed $22,500 at the Palace. The weather was good and thousands of visitors were in town for the inaugu- ration. Estimated takings for the week end- ing Jan. 22-23 : "North West Mounted Police" (Para.) EARLE — (2,200) (28c-39c-44c-66c-77c) 7 days. On stage: "Grins Up," revue. Gross: $21,800. (Average, $15,500) "Gome With the Wind" (M-G-M) PALACE— (2,300) (40c-55c) 7 days. Gross: $22,500. (Average, $18,000) "Hudson's Bay" (20th Century-Fox) CAPITOL— (3,434) (28c-39c-44c-66c-77c) 7 days. On stage: Diosa Costello, Dean Murphy, Rhythm Rockets, Great Yacopis, Adrian Rollini Trio. Gross: $22,000. (Aver- age, $16,000) "Kitty Foyle" (RKO) KEITH'S— (1,834) (39c-S5c) 7 days, 4th week. Gross: $8,800. (Average, $5,000) "Escape to Glory" (Columbia) METROPOLITAN— (1,600) (28c-44c) 7 days. Gross: $5,400. (Average, $5,000) "Flight Command" (M-G-M) COLUMBIA— (1,250) (28c-44c) 7 days, re- turn engagement. Gross: $6,500. (Average, $4,000) Signed by Cameo Hollywood, Jan. 28.— Gale Storm and Martha Tilton have been signed by Cameo Productions, Inc., to appear in subjects for the Roosevelt-Mills Soundies machines. 75 New Films Being Edited In Hollywood Hollywood, Jan. 28. — Thirty-seven pictures were before the cameras this week, as eight started and seven fin- ished. Fifteen are being prepared, and 75 are being edited. The tally by studio : Columbia Finished: Untitled Ellery Queen story. In Work: "They Dare Not Love." Started: "A Girl's Best Friend Is Wall Street." Globe In Work: "Pot o' Gold." Gloria In Work-. "New Wine." M-G-M Finished: "The Crime of Mary An- drews." In Work: "Billy the Kid," "Roo- sty." Started: "A Woman's Face." Monogram Finished: "Ridin' the Cherokee Trail." Started: "Air Devils." Producers Releasing Finished: "The Lone Rider Crosses the Rio." Started: "Outlaws of the Rio Grande." Paramount In Work: "One Night in Lisbon," "Caught in the Draft," "Men of Ac- tion," "Kiss the Boys Goodbye." Started: "Power Dive." RKO Finished: "They Met in Argen- tina." In Work: "The Devil and Miss Jones," "Sunny." Republic In Work: "Sis Hopkins," "Citadel of Crime." Started: "The Great Train Rob- bery," "Back in the Saddle Again." Roach In Work: "Broadway Limited." 20th Century-Fox Finished: "A Very Young Lady." In Work: "Blood and Sand." Universal Finished: "Nice Girl." In Work: "The Man Who Lost Himself," "The Flame of New Or- leans," "The Lady from Cheyenne," "Model Wife." Started: "Oh, Charlie." Warners In Work: "Winged Victory," "Miss Wheelwright Discovers Amer- ica," "Thirty Days Hath September," "The Bride Came C. O. D.," "No Hard Feelings," "Singapore Woman," "Strange Alibi," "Affectionately Vours." NewLoew Worcester Asst. Worcester, Mass., Jan. 28. — James Hoey has resigned as student assistant manager at the Loew-Poli Elm Street here and has been succeeded by Arthur Arakelian. Fogel Arrives Here Murray Fogel, vice-president of Vis-O-Graph Corp. of America, is here from the coast to establish New York offices, according to officials. Irving Siegel will be in charge. 12 Motion Picture daily Wednesday, January 29, 1941 Albany Bill Amends Child Players Law Albany, Jan. 28. — Backed by the Children's Aid Society of Buffalo and the Society for the Prevention of Cruelty to Children, Assemblyman Ehrlich tomorrow will introduce a comprehensive bill intended to amend the education law in relation to per- formances by children under 16 years of age. Intended to prevent the exploita- tion of children but on the other hand to permit their acting when the local educational authorities arc satisfied they are receiving tutoring, etc., the bill actually would equalize condi- tions all over the state. During the last few years, Assemblyman Ehr- lich said, the law has not been en- forced in New York City, whereas it has been stringently upheld in many upstate communities, including Buf- falo. In the latter city it was there- fore impossible to stage "The Phila- delphia Story," "Life with Father" and other plays, where under the pro- posed legislation, if Buffalo educa- tional authorities were assured chil- dren were receiving proper tutoring, written permission could be issued 72 hours before the first performance. So far as radio is concerned, the only exception for children under 16 is amateur programs — but only those emanating from studios and for not more than one hour per week. Thus, without specific permission quiz pro- grams from theatres would not be per- missible. Bookers Elect Friday Cincinnati, Jan. 28. — The Cincin- nati Bookers Club will hold its an- nual election of officers Friday. LOS ANGELES FLY THE CENTRAL, YEAR 'ROUND MAIN LINE AIRWAY Three flights daily offering scenic daylight service and two thru sleepers coast-to- coast without change of planes. Enjoy Mainliner serv- ice on the world's most ex- perienced airline. Reserva- tions: travel agents, hotels or UNITED AIR LINES Airlines Terminal: 80 E. 42nd St. 67 Wall St. Pennsylvania Hotel 649 Fifth Ave. MU-2-7300 Stars Flocking to Capital For President's Birthday Washington, Jan. 28. — -The Holly- wood star colony is moving virtually en masse from California to the na- tion's capital this week, for the Presi- dent's Birthday Ball celebration here Thursday night and far into the small hours of Friday morning. Stars have been arriving in whole- sale lots. Already here and taking part in preliminary festivities are Preston Foster, Carolyn Lee and Stirling Hayden. Arrived today were W allace Beery, Charlotte Greenwood and Kay Aldridge. Deanna Durbin is due to arrive tomorrow. Expected when they get here, the weather having disrupted air traffic, are George Raft, Wayne Morris, Robert Young, Constance Moore, Anne Shirley, Jean Hersholt, Red Skelton, Kitty Carlisle and Lynn Bari. Virtually every showman in the capital will serve as escort for the Hollywood players when they begin making personal appearance rounds at the five hotel dances Thursday night. Before the ball, however, the visi- tors will be feted at a White House luncheon and a Willard Hotel ban- quet. At the latter, Clifton Fadiman will be master of ceremonies, with Tommy Harmon, Alice Marble and Mary Hardwicke, sports stars, among the guests. Mrs. Roosevelt will start making the rounds of the hotel balls at 10 P. M., cutting the President's birth- day cake when she reaches the Ward- man Park Hotel. This year, for the first time, she will be at the Presi- dent's side in his White House study when he makes his annual birthday broadcast. Masters of ceremoneis, selected from the Capital's broadcasting studios, for the five hotel parties are lined up as follows : Mayflower, Arch MacDonald (CBS) ; Shoreham, Tony Wakeman (MBS) ; Wardman Park, Gordon Hittenmark (NBC); Hamilton, Wil- liam Crago (XBC) ; Washington, Lee Everette (NBC). At $1.50, there are extra special shows at W arners' Earle and Loew's Capitol, each starting at 11 :30 P. M. Thursday. Besides their regular screen and stage attractions, both houses will have personal appearances of all of Hollywood visitors. "Vir- ginia" will open at the Earle that night. At $2.50, one can attend one or all five of the birthday balls. Biggest is expected at the Mayflower, where Benny Goodman will play. For $7.50 one can go to the Wil- lard's gala banquet, where will be Deanna Durbin, George Raft, Kitty Carlisle and others, with Fadiman as master of ceremonies. Final 12 Clerks on Arbitration Named The final 12 clerks selected by the American Arbitration Association for local arbitration boards were an- nounced by the association yesterday. The 12 now attending the second and final arbitration instruction class at A. A. A. headquarters here today and tomorrow are : New York, Charles S. Wall, board offices in U. S. Rubber Bldg., Rockefeller Center ; Philadelphia. William Elliot, board office, 1420 Walnut St. ; Albany, Rob- ert Elliot, Standard Bldg. ; Buffalo, Edward Spitznagel, Chamber of Com- merce Bldg. ; Charlotte, Joseph C. Wright, Liberty Life Bldg. ; Chicago, John F. Sullivan, The Rookery ; Cin- cinnati, Lorenz Lemper, Chamber of Commerce Bldg. ; Cleveland, Luke Lyman, Standard Bldg. ; Memphis, Jack W. Harmon, Shrine Bldg. ; New Haven, Oliver F. Bishop, Second Na- tional Bank Bldg. ; New Orleans, Charles Blomquist, Baronne Bldg., and Pittsburgh, William A. Livings- ton, Investment Bldg. The instruction classes for the clerks will be concluded here today. Panels of arbitrators for the local boards, which are scheduled to open on Saturday, will be announced in the near future. Albany Legislators At * Liberty' Preview Albany, Jan. 28. — A large group of members of the New York State leg- islature, including the leaders of both parties, today attended a special legis- lative preview of "Land of Liberty," sponsored by M-G-M in Chancellor's Hall here. Pa. MPTO and Union Pledge Defense Aid Pittsburgh, Jan. 28.— Allied M. P. T. O. of Western Pennsylvania and operators' Local 171 have issued a joint statement "endorsing the National Defense program as set forth by the President of the United States." Pledging their "willingness to con- tinue uninterrupted and agreeable re- lationship and resolve to adhere strictly to the principles that are in accord with the Government's Na- tional Defense Program," both groups "stand in opposition to all individuals or groups that champion any 'isms' except Americanism and offer their joint cooperative service in opposition to all elements who expound subver- sive unAmerican ideas or principles." Stating that "these theatre owner and operator groups have mutually enjoyed the principles of collective bargaining for the past six years," they "dedicate themselves to maintain the democratic principles that we now enjo}'." Canada Film Board Completes Picture Ottawa, Jan. 28.— The Canadian National Film Board has completed its latest picture, "Peoples of Canada," and it is understood it will shortly have its first showing in the Canadian capital. John Grierson, Canada's Film Com- missioner, says of the picture that while it contains no mention of the war, he feels it is the best war pic- ture produced so far. The picture is not in the regular "Carry On" series, and was designed as a non-theatrical picture. It was directed by Gordon Sparling. Nazis Ask Argentine 'Great Dictator' Ban By NATALIE BRUSKI Buenos Aires, Jan. 28. — The German ambassador here yesterday requested that Charlie Chaplin's "The Great Dictator" be banned in Pa- rana, where it is scheduled to open Thursday for its first showing in Argentina. It is expected the Minister of the Interior will suggest to the governor of the Pro- vince of Enterios that the film be banned. The film was banned here on the petition of the Italian ambassador. Urge Sunday Local Option in Delaware Dover, Del., Jan. 28. — A local op- tion Sabbath statute and repeal of the two-century-old Sunday blue law of Delaware are recommended by the special Blue Law Commission in its report to the General Assembly here today. The proposed statute, which has heavier penalties than the present law, would prohibit only public auctions, public dances, theatricals and motion pictures, but incorporated towns and cities would have power to regulate their own Sunday observances. While unincorporated communities and rural districts would be governed by a simplified State Sunday law, any town or city that has a charter could pass Sunday ordinances to permit or prohibit any worldly employment, labor or business within its corporate limits. After studying the blue law7 situa- tion in Delaware since 1939, the spe- cial commission submitted three rec- ommendations to the legislature today : ( 1 ) repeal present law ; (2) substi- tute a series of laws having special statewide application prohibitions for present statute; (3) that incorporated municipalities be given power by or- dinance further to prohibit objection- able activities on Sunday or to control application of any of general prohibi- tions to their particular areas. 'Mummy' and Lucas $7,000, Kansas City Kansas City, Jan. 28. — One hold- over combined with rain and snow and the Philharmonic to make it a poor week. Nick Lucas on the stage pulled the Tower, playing "The Mummy's Hand," to $7,000. Estimated takings for the week end- ing Jan. 21-23 : "The Invisible Woman" (Univ.) ESQUIRE — (8G0) (28c-44c) 7 davs. Gross: $1,800. (Average. $2,200) 'Sen cf Monte Cristo" (U. A.) "The Phantom Submarine" (Col.) iHDLAXD — (4.000) (28c-44c) 7 days. Gross: $7,800. (Average. $9,500) "Four Mothers" (W.B.) XEWMAX— (1.900) (28c-44c) 7 days. Gross: $5,600. (Average, $7,000) "Kitty Foyle" (RKO) "Saint in Palm Springs" (RKO) ORPHEUM — (1.500) (28c-44c) 9 days, 3rd week. Gross: $4,600. (Average, 9 days. $5,600) "The Mummy's Hand" (Univ.) TOWER — (2,200) (30c) 7 days. Stage: Nick Lucas, Johnny Sanna, Larimer & Hudson. Gross: $7,000. (Average. $6,000). "The Invisible Woman" (Univ.) UPTOWN — (2.000) (28c-44c) 7 days Gross: $2,400. (Average, $3,000) AN ANNUAL REPORT TO ADVERTISERS FROM THE COLUMBIA BROADCASTING SYSTEM Advertisers invested more money for CBS facilities in 1940 than for any other network . . . more than was ever before invested in any network! And in 1940, more of the 100 largest U. S. advertisers chose CBS than any other network . . , for the 7th consecutive year! a turn of the page tells you why 14 Motion Picture daily Wednesday, January 29, 1941 Get the Rumble St. Paul, Jan. 28. — When the old Daily Xews building was remodeled to become the new home of the St. Paul Dispatch-Pioneer Press, St. Paul studios of WTCX were also constructed. Not until too late did any- one realize the studios were directly beneath the news- paper composing room and every time a printer's truck was moved, the mikes picked up the rumble. A solution has not vet been worked out. NAB Omaha Group Votes BMI Support Omaha. Jan. 28. — Members of the National Association of Broadcasters' 10th district assembly, meeting here, affirmed their stand on the BMI- Ascap fight by adopting unanimously a resolution to support BMI. Carl Haverlin. station relations di- rector for BMI, and C. E. Arney. XAB secretary, addressed the group, which numbered almost 50 representa- tives of 29 radio stations in Iowa. Nebraska and Missouri. John Gillin, general manager of WOW, Omaha, and NAB director, presided at all sessions. During a question-and-answer ses- sion, broadcasters attending the meet- ing declared it is "impractical" for Midwest stations to introduce new numbers with the hope of making them popular. Some of them said they had let their BMI contracts go un- signed for 1941 because the announce- ment that the Government may file anti-trust charges against BMI and Ascap. Gillin explained the radio stations do not want to be included in any indictment. A second resolution passed by the group asked the NAB for help in straightening out trouble between sta- tion WEW, St. Louis, and a labor union. 31 Loew Theatres Set 9 P. M. Feature The main feature will be started at 9 o'clock nightly instead of 10 :30 as heretofore in 31 Loew houses as the result of surveys and tests, C. C. Moskowitz, head of metropolitan thea- tres for Loew's, announced yesterday. It was found that the bulk of evening theatre audiences arrive between 7 :30 and 8 :45 and the new "9 o'clock plan" is expected to meet the complaints of single feature fans. Theatres affected will be the In- wood, Dyckman, Olympia, 72nd St, Commodore. Ave. B and Canal, in Manhattan : Gates, Bedford, Melba. Century, Warwick. Brevoort, Bay Ridge. Boro Park, Oriental and Premier, in Brooklyn ; Burnside, Els- mere. Victory. Boston Road, Post Road. Burland and American, in the Bronx : Prospect, Hillside, Willard and Woodside. in Queens ; and the Embassy, North Bergen, N. J. Robinson Honor Guest Edward G. Robinson, Warner player, will be one of the honor guests of the Greenwich Village Asso- ciation at its annual tea and recep- tion Sunday afternoon at Greenwich House. THE feud which sprang up between the leading New York independent stations, WHN, WMCA and WNEW as a result of publicity rivalry during the local "Pot o' Gold" show which all three carry has been revived as the result of last Saturday's "Ascap on Parade" broadcast which is also carried by the three stations. The first feud was settled by the sponsor's instructions to alternate on publicity breaks after WNEW had succeeded in reaching the winner for the first two weeks. Saturday's outbreak came in the WMCA studios where the Ascap program originates. WMCA insisted on having its microphones alone on the stage while the other stations claimed that there was an agreement to have all or none. In this case, the sponsor, Ascap, refuses to interfere in the fight. • • • Raymond Gram Swing, the WOR-Mutual commentator, is making a series of shorts which Cartoon Films, Ltd., is producing and Columbia Pictures will release when they are completed. Swing will write his own scripts discussing, as he does on the air, some military or political aspects of the present war. Color cartoons will illustrate the talks. No release date has been set. Swing recently completed a year-end summary for RKO Pathe News. • • • Purely Personal: Donna Fargo, formerly with Schnick International, WMCA and KMTC, Bez'erly Hills, has rejoined Voices, Inc., as office manager . . . Col. Stoopnagle mill be a special guest at the Eighth Annual Sports Writers' Dinner at the Hotel Astor Sunday . . . Jack Guinau. announcer at WGBI and WQAX, Scranton, Pa. will join WCAU, Phila- delphia Saturday. • • • Program News: R. J. Reynolds Tobacco Co. has renewed for 52 weeks "Luncheon at the Waldorf," heard Saturdays at 1 :30 P.M. over 53 NBC-Blue stations. The renewal is effective Feb. 22 . . . R. H. Macy which now sponsors "Consumers Quiz Club" and Martha Manning over WOR has added a third show, "9:40 Shoppers Club" with straight merchandise talks . . . Eugene King's recorded "Danceland" show over WOR has obtained its first sponsor with Hecker Products to have one minute live announcements Mon- days through Fridays for 26 weeks. FCC's Television Hearing March 20 Washington", Jan. 28. — Carrying out the promise made yesterday by Chairman James L. Fly of early con- sideration of television standards, the Federal Communications Commission today announced that a formal hear- ing will be held March 20 for the purpose of considering the standards recommended by the National Tele vision Systems Committee and al to determine when television shall placed on a commercial basis. Today's action was predicted at the close of the long sessions yesterday at which the committee's recommenda- tions were submitted when it was indi- cated that the results of the com- mittee's work were considerably more complete than had been expected. 1 Crosley Plans Net In Latin America Crosley Corp. has disclosed its in- tention of forming a network of sta- tions in Latin America and a group of officials are now en route to the South American republic to make a three-month survey. Although details of the plan have not been disclosed the entrance of an independent broad- caster into this field may have consid- erable significance. WLWO, the Crosley station in Cin- cinnati, operates on 75,000 watts and its directional antenna concentrates a strength in Latin America of about 12 times the antenna output, or about 900.000 watts. Heading the tour are James D. Shouse, vice-president in charge of broadcasting, G. E. Branch, his executive assistant, and Antonio Rojas. international network coordina- tor. Shouse will go to Mexico City and Guatemala only but his traveling com- panions will continue through San Salvador, Honduras. Nicaragua. Costa Rica. Panama. Colombia. Venezuela. Ecuador. Peru. Chile. Argentina. Uruguay. Brazil, Puerto Rico, Do- minican Republic, Haiti and Cuba. Orders Ostrer to Testify in GB Suit New York Supreme Court Justice Philip J. McCook yesterday ordered Isidore Ostrer and Mary Larkin, officials of Gaumont-British Pictures Corp. of America, to testify before trial on Feb. 10 in reference to the $100,000 damage suit of Film Alliance of U. S., Inc. Film Alliance had charged the breach of a contract made in March, 1940. under which it was allegedly to receive exclusive U. S. distribution rights to the Vivian Leigh film. "Things Are Looking Up." Ascap License Fee Payments Speeded Pittsburgh, Jan. 28. — Theatres and night clubs licensed to play Ascap music are paying their fees much more promptly this year than last. William O'Brien, local Ascap district mana- ger, has revealed, saying that Ascap recenue thus far is more than 100 per cent ahead of the same period last year. Discussing the Ascap-BMI tangle before the Advertising Roundtable with program manager Clifton Daniel of WCAE, O'Brien claimed an in- crease in phonograph record sales in department and music stores which he interpreted as evidence of the radio audience's turning elsewhere for en- tertainment during the past few weeks. His office, with three field men and two girls covering all Pennsylvania except 10 counties around Philadel- phia, has contracts with WWSW here. Noble Plans Shows Of Local Interest Although giving no specific indica- tion of how he proposed to change the program policies of WMCA, Edward J. Noble, the station's new owner, yesterday stated that the policies would be directed to creating "local interest programs." "\\ MCA enjoys an unusual status in the radio picture," Noble said. "It does not need to ser\;e Oshkosh, or Chicago, or even Philadelphia audi- ences. It is a local station, and as such, should be directed in its efforts to create local interest programs. Just as the chains have developed to a reputable position in national radio, so Y\ MCA can set the standard for in- dependent stations in the country." Besides adding that the public "should have a say in the things they hear on the air," Noble offered no elaboration of his statement. Ask Time for British Aid "Four-Minute Men of America." an organization recently revived for the purpose of backing President Roosevelt in his policy of extending aid to Britain, is soliciting time dur- ing regular shows from film theatres in which to make appeals for support. Simeon Lewis Dead Kingston, Pa.. Jan. 28. — Simeon Lewis, who was manager of the first theatre in this borough, died of pneu- monia at his home here recently at the age of 77. The theatre was erected by his uncle, the late Calvin Dymond, with whom he was associated. To Chicago on 'Fantasia' Toni Spitzer, who has been han- dling general publicity of "Fantasia" at the Broadway Theatre here, has gone to Chicago for the advance cam- paign on the opening there. Canada Receiving Sets Up Since War Toronto, Jan. 28. — According to the latest figures of the Dominion Gov- ernment, the number of annual licenses for radio receiving sets has increased during war time in Canada and in spite of elevated taxes on new radios and tubes, the excise levy now being 25 per cent of the value of a set. The number of licenses has reached the mark of 1,355,711 a net increase of 10,554 over the total of 1,345,157 registered at the close of the fiscal year ended March 31, last. Chrystal Resigning Eastman Kodak Post Rochester, Jan. 28. — Eugene Chrystal, public relations counsel of Eastman Kodak, has retired from his post, it has been announced here. He joined the organization when the Ten- nessee Eastman Corp. was formed in 1920. Eastman Kodak's branch in Paris, closed for a short time when France fell, has opened for business, accord- ing to Harold A. Ritter of Kodak- Pathe, French branch of Eastman Ko- dak. Outside of limitations due to the shipping blockade, business in occu- pied France is going on as usual, he said. John Farren Dies Rochester, Jan. 28. — John J. Far- ren, once owner of the Victoria The- atre here, died at the age of 60. CBS consistently has the strongest schedule in Radio 'IN THE MAJOR BATTLEGROUNDS OF NETWORK COMPETITION' Weekly Averages, 12 months of 1940 6 p. m. to 12 m. E.S.T. o>x' ''% (FIVE DAY TOTAL) 70"FIRSTS 28 FIRSTS" NETWORK 2 HM| 7 FIRSTS NETWORK 3 6 p. m. to 12 m. E.S.T. O J "FIRSTS" o-V'"J"""-,, (SEVEN DAY TOTAL) "' * 44"FIRSTS" NETWORK 2 I 3 "FIRSTS NETWORK 3 8 to 10 p.m. E.S.T. (SEVEN DAY TOTAL) > I • "FIRSTS" CBS I I 4 "FIRSTS" NETWORK 2 2 "FIRSTS" N ETWO R K 3 8 to 10 p.m. E.S.T. (FIVE DAY TOTAL) 33 "FIRSTS" 22 "FIRSTS" NETWORK 2 M , 4 FIRSTS" N ETWO R K 3 These charts are based on CAB rated sponsored programs in 1940, and show the average number of quarter hours, each week in 1940, in which each network delivered the largest audience to its clients against all other network competition. Regular CAB program ratings show CBS with ^ a consistently stronger schedule than any other network in all of 1940. The Columbia Net- work, against all competition, delivered the largest audiences to its clients, for more program-periods in the entire broadcasting day than any other network. Counting every regularly rated sponsored quarter- hour on all networks, in all of 1940, CBS averaged 161 "firsts" each week against all competition ; the next best network had 1 54; the third network, only 1 8 "firsts". CBS leadership is most striking in the major battleground of network competition; in the tensely competitive evening hours. Whether you take the entire evening (6:00 p.m. to 12:00 m.) or just the heart of the evening (8:00 to 10:00 p.m.), CBS wins more "firsts" than the second and third networks combined. The exact evening score is shown in the charts, for all of 1940. Columbia Broadcasting System PACE SETTER OF THE NETWORKS Guard Against Losses! USE THIS SIMPLIFIED THEATRE ACCOUNTING SYSTEM $ O 00 £^ POSTPAID New • Easy • Complete • Accurate Requires no bookkeeping experience! ALL SECTIONS ARE DEVISED SO THAT FULL TAX INFORMATION IS READILY AVAILABLE ORDER TODAY MAIL COUPON QUICLEY BOOKSHOP. ROCKEFELLER CENTER, NEW YORK Here is my check for $2.00. Send me "Theatre Management Record." Name Address City and State l_ Theatre Alert Ml IU \ i nuts pen 10 ine hi inn r iviurw Industry "> NO MOTION PICTURE DAILY VOL. 49. NO. 21 NEW YORK, U.S.A., THUURSDAY, JANUARY 30, 1941 TEN CENTS 'IP to Reveal New Season's Plans at Meet Earliest Sales Session In Chicago Feb. 8 Universal will announce new sea- son production plans to a national meeting of its district and branch sales managers at the Blackstone Hotel, Chicago, Feb. 8, 9 and 10, W. A. Scully, general sales manager, revealed yesterday. The convention is the earliest to be held by a major company for the purpose of discussing new season's production plans in many years past, and in- dicates the advancement of new season selling by Universal by about two months. Company officials said it was un- certain whether the early sales meet- ing would be followed by a later convention to include the company's salesmen. The meeting will also discuss sales and production plans for Universal's (Continued on page 4) Urges Texas Tax On House Grosses Austin, Texas, Jan. 29. — Gov. W. Lee O'Daniel has proposed in a mes- sage to the state legislature that a tax be levied on admissions to places of amusement. The message recommends legisla- tion providing a tax of 1.5 per cent of the total receipts for each quarter to such amusement places. Under the proposed measure, owners would file with the State Comptroller a quart- erly report on the 25th of January, April, July and October, indicating the gross receipts for the quarter ended on the last day of the preceding month. The tax would be levied on that amount. Sottile Building New Charleston House Charleston, S. C, Jan. 29. — Albert Sottile, president of the Pas- time Amusement Co., which operates five theatres here, plans a new house. The site is farther uptown than any of the others and follows a trend in business development. Other theatres now operated by the company are the Garden, Majestic, Gloria, Victory and Riviera. There is only one other theatre for white persons, the Palace, a second run house operated independently. Ascap Decree Talk Resumes Tomorrow Washington, Jan. 29. — Re- sumption of negotiations be- tween Ascap and the Gov- ernment for a settlement of the projected criminal anti- trust action against the mu- sic society is scheduled for tomorrow or Friday, it was learned here today. Ascap attorneys and pos- sibly several officials of the society are expected here from New York tomorrow, although the conferences may not actually begin until Friday. Theatres in N.Y. Area Total 1,068, 4 Under Year Ago Motion picture theatres operating in the New York exchange area on Jan. 1 totaled 1,068, with a seating capacity of 1,234,260, according to the 1941 directory of the New York Film Board of Trade. This is a decrease of four houses as compared with the 1940 report, which listed 1,072 the- atres seating 1,240,304. The board reports an increase in the total number of theatres, (Continued on page 4) MPTOA CHALLENGES TJ. S. DECREE VIEWS Metro Operations Plans for Decree Still Not Decided Final decisions on M-G-M's ar- rangements for consent decree opera- tions may not be made for another two months, William F. Rodgers, general sales manager, said yesterday. Rodgers, who returned this week from extended conferences at the M-G-M studio, said that final plans for the new season's schedule would be set when he returns to the studio in a month or six weeks. Until then, he said, it will be uncertain when the company will have its first block of pictures ready for trade showings, or how many pictures it will have to offer by Sept. 1. It will also be several months be- fore the company knows how many additional salesmen it will require for decree operations, Rodgers said. The M-G-M executive expressed the view that the decree has eliminated production and selling "seasons." The decree, he pointed out, inaugurates the new selling method next Sept. 1, but, thereafter, the consenting companies (Continued on page 4) FDR Birthday Gives Theatres Big Business Washington, Jan. 29. — With the hotels of the capital jammed, and a holiday atmosphere pervading the air hereabouts, in anticipation of the President's Birthday celebrations here tomorrow night, theatres are reporting strong business. "Kitty Foyle" and "Gone With the Wind" are playing to capacity at Keith's and the Palace, respectively ; "North West Mounted Police" is also reported strong in the second week at the Earle, and "Maisie Was a Lady" is faring well at the Capitol, aided by a stage show. Visitors who are pour- ing into town, are not overlooking their screen entertainment the theatre reports indicate. Scores of local showmen are aiding in the arrangements for the various parties tomorrow night. They include Hardie Meakin, Andrew Kelley, Car- ter Barron, Frank LaFalce, Sidney Lust, Harry Lohmeyer and Ray Bell. Among the Hollywood stars who are here already or are due tomorrow to aid the celebration, the proceeds of which will go to the infantile par- alysis drive, are : Wallace Beery and his daughter, Carol Ann, Wayne Morris, George Raft, Maureen O'Hara, Charlotte Greenwood, Lana Turner, Al Ritz and Key Aldrich. They joined Deanna Durbin, Pres- ton Foster, Stirling Hayden, Red Skelton and Carolyn Lee, and a num- ber of Coast directors, publicity men and others. This afternoon the visiting stars were entertained at a Mayflower re- ception given by Mrs. Alben Barkley, wife of the Senate majority leader; Mrs. Jean Hersholt, wife of the actor ; Mrs. Robert M. LaFollette, wife of the Wisconsin Senator, and Mrs. C. C. Pettijohn. Says Neither Complaints Nor Cooperation Are Required In a "follow-up" message to ex- hibitors yesterday, the M.P.T.O.A., through its official bulletin, again re- minded exhibitors that "cooperation or participation is not required ot them by the con- sent decree." Also, in the bul- letin, exhibitors were told that they are "not re- quired" to submit complaints to ar- bitration. With this, the M.P.T.O.A. takes issue with the re- cent stand of the Department of Justice urging exhibitor cooperation. The Justice Department statement, which outlined the activities of the special Government unit which has been set up to observe the functioning of the decree, is reproduced in full in this latest M.P.T.O.A. bulletin. In its reply, the M.P.T.O.A. states : "In some quarters it is being urged that as many complaints as possible (Continued on page 4) Ed KuykendaU Freiday Resigns As Director of 4U' William Freiday resigned from the Universal board of directors at the meeting on Tuesday, it was learned yesterday. No successor will be elected until the annual meeting of Universal stockholders in March. Freiday was the author of an ac- tion against Universal last year which charged officers with mismanagement and dissipation of assets. A similar action, in which Samuel I. Posen, an- other director representing first pre- ferred stockholders, is a plaintiff, is pending. Universal officials assert that the company will insist upon trial of the action and has retained Joseph M. Proskauer as its attorney. No plan for the immediate retire- ment of the remaining 10,739 shares of Universal's eight per cent first pre- ferred of an original 17,250 shares issued, has been approved yet. How- ever, the retirement of the shares out- standing remains as an objective of the company. 2 Motion Picture daily Thursday, January 30, 1941 Coast Flashes Hollywood, Jan. 29. — Max Golden, former associate producer at 20th Century-Fox and more recently in the production department at that studio, resigned today to become production manager for Edward Small Prod., re- leasing through United Artists. Francis Harley, 20th Century-Fox manager for Great Britain, left here today for Miami where he will spend several days before leaving for New York en route back to London. Preliminary judging of short sub- jects nominated for the Academy of M. P. Arts & Sciences awards starts tomorrow with a committee reviewing one reel subjects. Friday night two- reel nominations will be viewed and on Monday, cartoons. The judges will select three entries for the final com- petition. Nine songs written for pic- tures and 26 motion picture musical scores were nominated today for the Academy's three music awards. Irving Cummings who directed "Arizona," the first all-talking, out- door picture for Fox in 1928 and who has been with the studio since then, was given a new term deal by 20th Century-Fox today. Arthur W. Kelly, United Artists vice-president in charge of distribu- tion, will leave for New York to- morrow to meet Gabriel Pascal, scheduled to arrive from Europe with a print of "Major Barbara" early next week. Pascal will come here to show the film to United Artists executives and discuss sales plans for the picture. Personal Mention Lou Hyman, general manager for Sol Lesser Prod., will leave for New York Friday with a print of the Ernst Lubitsch picture, "That Certain Feel- ing." Henry Koppin Dies Toledo, O., Jan. 29. — Henry S. Koppin, who operated a circuit of theatres in the Detroit area for many years, died here recently after a stroke. He was 64 years old. AH. BLANK, head of Tri- States • Circuit, Des Moines, has left with Mrs. Blank for a six-week stay at Hollywood Beach, Fla. • Will Whitmore of the Western Electric advertising department is con- fined to his home with an eye in- fection. • A. E. Meyer, general sales man- ager of International Projector Corp., is on a swing through the West, visit- ing company branches. • E. Bruce Johnson, president of General Register Corp., is ill with the grippe. • Louis Gerard Pacent, president of Pacent Engineering Corp., is suffering from the flu. • Morton G. Thalhimer, president of Neighborhood Theatres, Richmond, and Mrs. Thalhimer, are attending a National Real Estate convention in New Orleans. They will proceed from there to Mexico for a 10-day vacation. • Ed Giddley, student assistant at Loew's, Richmond, has gone to Har- risburg, Pa., to pinch-hit for Loew's assistant-manager Carl Rogers. • Edith Lindeman, motion picture editor of the Times-Dispatch, Rich- mond, leaves for Hollywood next week for three weeks. • Alec Ravdin, manager of the Capitol Theatre, Richmond, has re- turned to duty after a bout with the flu. WILLIAM PERLBERG, asso- ciate producer at 20th Century- Fox, and Jack Benny arrive from the Coast today via American Air- lines. • Lee Fisher, assistant to John Bar- croft, RKO director of advertising and publicity in Columbus, has gone to Camp Shelby, Miss., for army service. • Hy Fine, M & P district manager in Boston, and Alexander Hamilton, manager of the Empress, Norwalk, Conn., have returned from Chicago. • Edward Dowden of Loew's ex- ploitation staff here leaves for Buffalo tomorrow. • Adolph Zukor, Barney Balaban, William Gargan, Lee Cobb, Marcus Heiman, Clifford Odets, J. J. Mur- dock, Morris Gest, Max Wolf, and William Johnstone lunching at Sardi's yesterday. • David Loew, Edmund C. Grainger, Louis Nizer, Robert O'Donnell, William A. Scully, Robert Weit- man, Abe Waxman, George Skouras and Sam Rinzler at Nick's Hunting Room in the Astor for lunch yester- day. • James Mulvey, J. J. Milstein, Jack Goetz, Hal Horne, and Martin Moskowitz lunching yester- day at Lindy's (5lst St.). • Nate Spingold, Abe Schneider, Eugene Picker, Harry Gold, and Marvin Schenck having lunch at Lindy's (next to the Rivoli) yester- day. Rites for Riegelman Des Moines, Jan. 29. — Services were held today for Abe W. Riegel- man, 53, for the past 15 years a sales- man at the 20th Century-Fox ex- change, who died Monday at a local hospital following a heart attack. He is survived by a son, Dr. Ralph Rie- gelman. Virginia MPTO to Meet on Monday Richmond, Jan. 29.— The regular Winter convention of the M.P.T.O. of Virginia will be held in Washington on Monday, with headquarters at the Shoreham Hotel. President W. F. Crockett of Virginia Beach will con- duct the business session on Monday. A banquet and ball will take place Monday evening, and a floor show will be composed of current acts at Loew's Capitol and Earle Theatres. Allen Sparrow, manager of Loew's in Richmond, will have charge of the entertainment. A committee on ar- rangements is headed by Frank O'Brien, assisted by Harold Wood, Herman Rubin, Nat Glaser, Carter Barron and Julian Brylawski. Connors Leaves On Tour of Offices Thomas J. Connors, Eastern, Canadian and Southern sales manager for M-G-M, has left on a 10-day trip, which will take him to Philadelphia and Washington and a swing through the company's branches in the South. Dismiss Warner Suit Federal Judge John Foster Symes after trial yesterday dismissed the plagiarism suit of Milton Herbert Gropper against Warners, in which he had charged infringement of his play, "Ex-Racketeer," in the film "Alcatraz." 'Quiet Wedding' Fine London, Jan. 29. — Paul Soskin's new film for Para- mount, "Quiet Wedding," seen by the press here, ap- pears a big success. It will open at the Plaza on Friday. It is a delightfully witty film, brilliantly directed by An- thony Asquith, with a super- lative cast. It is a fine contribution to Paramount's British films for the world market. In an es- sentially English atmosphere, the film extracts the maxi- mum of comedy from Terence Rattigan's play exploiting the matrimonial foibles of the upper middle class. The pro- duction is of Hollywood standard. Margaret Lock- wood is starred. Flanagan Queries Are Filed in S chine Trust Action Buffalo, Jan. 29. — Extensive in- terrogatories were filed in Federal District court here yesterday against Schine Chain Theatres, Inc., and its affiliated companies by U. S. Attorney George L. Grobe in the anti-trust proceedings against the circuit. The interrogatories seek details of the Schine corporate family, addresses of the principal executive and branch offices of the circuit, names of man- agers, their duties and authority ; ter- ritory covered by each office, admis- sion prices in various theatres of the circuit and similar details. Lunch in New Haven For Joseph Monday New Haven, Jan. 29. — A farewell luncheon will be held here Monday at Ceriani's Restaurant for Morris Joseph, who has retired after 25 years as Universal manager here. The luncheon committee includes : Max Tabackman, Samuel Seletsky, Herman Levy and Harry Shaw. Levy will be toastmaster. Joseph will leave on Tuesday to take up permanent resi- dence in Miami. Two New Theatres Set Rochester, N. Y., Jan. 29.- — Two building projects to include two 1,000- seat theatres are under consideration by the planning board of Brighton, N. Y. MOTION PICTURE DAILY (.Registered V. S. Patent Office) Published daily except Saturday, Sunday and holidays by Quigley Publishing Company, Inc., 1270 Sixth Avenue, Rockefeller Center, New York City. Telephone Circle 7-3100. Cable address, "Quigpubco, New York." Mar- tin Quigley, Editor-in-Chief and Publisher; Colvin Brown, Vice-President and General Manager; Watterson R. Rothacker. Vice- President; Sam Shain, Editor; Alfred L. Finestone, Managing Editor; James A. Cron, Advertising Manager; Chicago Bureau, 624 South Michigan Avenue, C. B. O'Neill. Manager; Hollywood Bureau, Postal Union Life Building, William R. Weaver, Editor; London Bureau, 4 Golden Square, London Wl, Hope Williams, Manager, cable address "Quigpubco, London." AH contents copy- righted 1941 by Quigley Publishing Com- pany, Inc. Other Quigley publications: Motion Picture Herald, Better Theatres, International Motion Picture Almanac and Fame. Entered as second class matter, Sept. 23, 1938, at the post office at New York. N. Y., under the act of March 3. 1879. Subscription rates per year $6 in the America! xnd $12 foreign. Single copiei 10c BIG SHORES' ■ MAD& THEM/ YOV GET twe/vi NOW WHILE He's H0T{ AT YOUR WARNER BYCHAN6& ! 4 Motion Picture Daily Thursday, January 30, 1941 MPTOA Challenges View Of Government on Decree Showmanship Flashes . . . 'IT to Reveal New Season's Plans at Meet (Continued from page 1) product for the balance of the current season, much of which has been aug- mented by the addition of production values in casting, direction and stories nut promised at the season's outset, Scully said. Twenty-nine features and a serial, all of which either are completed, in work or in preparation, will be delivered by Universal between now and Sept. 1. It was learned diat the company's new season program will closely par- allel numerically the 45 features and 14 action pictures sold this season. However, production budgets have been increased for the new lineup and a considerably higher proportion of the pictures will be high budget at- tractions widi correspondingly greater "name" and story values. Universal, which, of course, is not a party to the consent decree, stands to benefit from an early selling program, both in the event that summer re- leases from other companies are curtailed in preparation for decree operations, or in the event, as is generally believed in the trade, that exhibitors will want the benefit and as- surances of "block" buying be- cause of the uncertainties of decree operations. Executives to Attend An indication of the importance of the meeting is gained from the list of executives who will attend. The home office contingent will be led by J. Cheever Cowdin, chairman of the board; Nate J. Blumberg, president ; Scully ; Frank J. A. Mc- Carthy, William J. Heineman, Joseph Seidelman, Adolph Schimel, B. B. Kreisler, James J. Jordan, F. T. Murray, Andrew J. Sharick, Morris Alin and Hank Linet. The studio group will include Cliff Work, vice-president and general man- ager ; Matthew Fox, Joe Pasternak, Milton Field, Dan Kelley and John E. Joseph. From the field the following' will attend: District Manager Jules Lapidus, from Xew York; Branch Managers Dave Levy, New York; Paul Baron, Boston; John V. Pavone, New Haven; George E. Schwartz, Philadelphia; Max Cohen, Washington. District Manager Dave Miller. Cleveland; Branch Managers J. R. Kauffman, Cleve- land; Peter Rosian, Cincinnati; John J. Scully, Buffalo; J. J. Spandau, Albany; Pete Dana, Pittsburgh; District Manager H. D. Graham, Atlan-ta; Branch Managers John Ezell, Atlanta; J. A. Prichard, Charlotte; H. I. Mansfield, Memphis; W. M. Richardson, New Orleans; Ed S. Olsmith, Dallas; James Hobbs, Oklahoma City; District Manager J. E. Garrison, Kansas City; Branch Managers Grover Parsons, Kansas City; Harry Hynes, St. Louis; Lou Levy, Des Moines, Otto Siegel, Omaha. Also: District Manager A. J. O'Keefe, Los Angeles; Branch Managers C. J. Feld- man, Los Angeles; Jack Langan, Denver; R. O. Wilson, Portland; C R. Wade, Salt Lake Cit3T; Barney Rose, San Francisco; L. J. McGinley, Seattle; District Manager E. T. Gomersall, Chicago; Branch Man- agers M. M. Gottlieb, Chicago; Ed Heiber, Detroit; H. H. Hull, Indianapolis; Frank Mantzke, Milwaukee; L. J. Miller, Minne- apolis and Gordon Craddock, special repre- sentative. (.Continued from page 1) be filed for arbitration to 'cooperate in giving the consent decree a fair trial.' This is a strange sort of co- operation for exhibitors to offer. We doubt if it is constructive cooperation to see how many complaints and grievances can be stirred up for arbi- tration. If the complaint is genuine, and cannot be settled by negotiation, the exhibitor then must decide for himself whether it should be submit- ted to arbitration, with full knowledge of the costs and uncertainties in- volved." "Notwithstanding the expressed views of the Department of Justice, whose baby the decree is apparently," the bulletin continues, "there is noth- ing that exhibitors can do that will either help or hinder the application of the decree. "M.P.T.O.A. ventures to pre- dict that the decree will merely demonstrate once again the utter futility of trying to solve our commercial and economic difficulties by dragging them through the courts. . . . We propose to watch closely devel- opments under the decree and take advantage of any practical benefits (if any) that can be secured for exhibitors through its provisions, but we are not going to be fooled into expect- ing benefits that are not in it." "In the meantime," the bulletin con- cludes, "let's try to work out our grievances and complaints by friendly negotiation and mutual understanding rather than by bitter hostilities and trial by combat in the courts, in the legislatures or before outside arbitra- tors. Only the lawyers profit from the law." The bulletin also warns exhibitors against projected admission tax legis- lation in a number of states and urges them to cooperate with regional ex- hibitor organizations in opposing such measures by presenting the theatres' full case to the legislatures. Richmond Union Will Hold Benefit Feb. 25 Richmond, Jan. 29. — The 12th an- nual theatrical ball, sponsored by Local 87 of the operators' union, will take place at Tantilla Garden on Feb. 25. Proceeds go to the local's relief fund. General chairman for the ball is Harry Jarvis, assisted by Tom Jones, Dan Harrison, Otis Bugg, C. C Col- gin, Earl Clator, John Clator, Frank Matthews, Tom Alurphy, James Evans, Joe LaPrade, L. C. Ratliff, John Leary, C. C. Lievs, Stuart Atkinson, William B. Walsch, Ken- neth Sickinger, Louis Levin, Clark Wilson and Bernard McCann. Decide Metro Decree Moves in Six Weeks (Continued from page 1) have a continuous operation of selling pictures in maximum blocks of five as those pictures come from the studios, regardless of established industry "seasons." Cole Is Reelected By National Allied Washington, Jan. 29. — H. A. Cole was reelected president of Allied States Association for a third con- secutive year at the close of the or- ganization's annual directors meeting here yesterday. Other officers elected were : Abram F. Myers, chairman of the board and general counsel ; Charles Olive, secre- tary ; Martin Smith, treasurer ; Ar- thur Howard, recording secretary-, and Herman Blum, financial secre- tary. Elected to the executive committee were : Cole, Myers, Smith, Nathan Yamins, Sidney Samuelson, Jack Kirsch, M. A. Rosenberg and Roy E. Harrold. W. A. Steffes, retired from the na- tional board because of ill health, was appointed honorary' national council- lor of Allied in recognition of his lengthy service to the organization. In a statement on Allied's position on the consent decree, the organiza- tion's policy committee "conceded" that the decree : ends blind selling, increases the elasticity of selling but does not abolish compulsory block booking, places an undue film buying burden on exhibitors under a method which permits the imposition of "harsh terms" on exhibitors, offers an effective means of ending forcing of shorts and newsreels ; should pre- vent "exclusive selling," should be effective in adjusting unreasonable clearances, is of dubious value in pre- venting discrimination in granting of some run, and is "weakest and most disappointing" in not effecting affili- ated theatre divorcement. Ohio Games Called State Law Violation Washington Court House, O., Jan. 29. — Declaring that chance games as conducted by the Fayette are a lottery and in violation of the Ohio law, Common Pleas Judge H. M. Rankin overruled a motion by Hoy Simons, operating the Fayette, and others, and continued the injunction previously granted, only as it applied to Chief of Police Jack Wolfe in pre- venting him from destroying any property seized in game raids. Immediately following the decision. City Manager Edwin Dulcy declared that steps would be taken at once to stop the game, unless it is ended vol- untarily by the theatre. The action was filed in March. 1940, but opposing counsel agreed to be guided by a de- cision of Ohio Supreme Court in a similar case at Troy. When that court recently held that police officers could not be enjoined from seizing equip- ment, Simons filed a demurrer. Cut Theatre Prices Cresco, Ia., Jan. 29. — Admission prices at Central States' Cresco The- atre have been reduced from 21 to 16 cents for Wednesday and Thursday for all seats, and the Friday and Saturday admissions have been cut from 30 to 21 cents. Contest Used for Return 'Wind' Run Toledo, O., Jan. 29. — Loew's Val- entine here is furthering interest in the return engagement of "Gone with the Wind" with a contest for the best 200-word description of the scene or episode that most impressed the con- testant. Manager J. E. Lykes ar- ranged the stunt Cow-Milking Contest Plugs 'Little Men' At the RKO Alden in Jamaica, three live prize-winning cows were used on the stage in a cow-milking contest as an exploitation stunt for •Little Men," in which appears Elsie the Borden cow. Naval Air Show Aids 'Flight Command' Baltimore, Jan. 29. — William Sax- ton of Loew's Theatre here arranged with the U. S. Navy for a special air show in connection with the pre- mier of "Fight Command." Choir on Stage Used To Sell Tin Pan Alley' Bloomsburg, Pa., Jan. 29. — Man- ager George Bittinger of the Capi- tol for "Tin Pan Alley" arranged to have a recently organized male choir of a local carpet factory present a program on stage. Telephone Tieup Is Used to Publicize Films Sayre, Pa., Jan. 29. — Manager Thomas Pawley of the Sayre Theatre has a navel way of pvblicisvig his shows. He has an arrangement with the telephone exchange at nearby Xichols, Ar. Y., to announce his at- tractions over a hook-up of 500 phones weekly at no expense to the theatre. False Theatre Front Aids 'Arizona' Run Allento n, Pa., Jan. 29. — For "Arizona," Milan Todorov, assistant manager of the Colonial, and Ed Ro- senbaum, Columbia exploitation man, had a false theatre front in the form of a covered wagon with blow-ups of stars and action shots ; girl in cow- boy costume handing out gum on the street plugging the picture, and ar- rows on nearby street corners point- ing to the theatre, reading, "This Way to Arizona at the Colonial." 1,068 Theatres in N. Y. Metropolitan Area (Continued from page 1) both in operation and dark, over last year. There are now 1,208 houses with a seating ca- pacity of 1,346,594 in the ex- change area, while last year's total was 1,197 with 1,343,883 seats. The present number of theatres closed is 140, which is 15 over last year's figure. All 16 silent theatres in the area are closed. The directory further discloses that there are 131 affiliated theatres in the State of New York and 66 in New Jersey. The number of unaffiliated houses in New York is put at 434 and in New Jersey at 128. Of the total of 1,208 houses in the area, 759 are circuit theatres and the remaining 449 are independent. FOUR OUT OF TEN WINS! The record speaks for itself! There can be no question as to which company won the Quigley Short Subject Annual Exhibitor Vote. The results appeared on Page 21 of Motion Picture Herald/ issue of Jan. 11, 1941, as follows: The Leaders The leaders of the general featurette poll, the ten which received the highest number of favorable citations, are, in order they placed: 1 2 5te 3. Crime Does Not Pay 4. Pete Smith Specialties p £::::::::::::::::: In 7 8 9. Our Gang Vi 10. Passing Parade Leadership means doing the unusual first! Here's M-G-M's newest idea: Tapping an unexplored field, Short story masterpieces at last On the screen— the first is "THE HAPPIEST MAN ON EARTH" One of MUG-M's most important steps In years of short subject leadership. Get ready for PETE SMITH'S "PENNY TO THE RESCUE," another Prudence Penny cookery comedy in Technicolor. It's swell. Also CAREY WILSON'S "MORE ABOUT NOSTRADAMUS," a sequel to the prediction short that fascinated the nation. M-G-M 4 Next Company 3 Next Company 1 Next Company 1 Next Company 1 Watch for this great short subject! "THE HAPPIEST MAN ON EARTH" featuring PAUL KELLY VICTOR KILLIAN The O. Henry Memorial Award -Winning Short Story 6 Motion Picture daily Thursday. January 30, 1941 Production Notes Hollywood, Jan. 29 GEORGE MURPHY, Burgess Meredith and Alan Marshall will be Ginger Rogers' leading men in RKO's "Tom, Dick and Harry." The picture will be produced by Robert Sisk and directed by Garson Kanin. . . . Alan Mowbray and Fuzzy Knight have been set for a 20th Century-Fox picture tentatively titled "The Cowboy and the Blonde." . . . Mary Beth Hughes goes into the cast of the same studio's "The Great American Broadcast." • • H. C. Potter, director, and pro- ducer Boris Morros are negotiating a deal under which the former's story, "Wings of Democracy," story of na- tional defense, would be produced for Paramount release. . . . Tyrone Power will be starred in 20th Cen- tury-Fox' "Confirm or Deny," origi- nal story by Hank Wales and Samuel Fuller, dealing with polit- ical corruption. . . . The studio also purchased Hugh Walpole's "Blind Man's House." . . . Albert Basser- man gets a featured role in M-G-M's "A Woman's Face," Joan Crawford vehicle. • • Bob Steele draws the top role in Republic's "The Great Train Robbery." . . . Robert Young will be teamed with Ann Sothern in M-G-M's "Lady, Be Good." . . . M-G-M has pur- chased "Reunion," story by La- dislaus Bus-Fekete, of Paris, under German occupation. Jo- seph Mankiewicz will produce. • • Norman Moray, Warner shorts sales head, arrives in Hollywood Feb. 1 for conferences on new product. . . . Reginald Denny and Edmund Gwexx have joined the cast of Para- mount's "One Night in Lisbon." . . . Eve Arden and John Hubbard are set for Columbia's "A Girl's Best Friend Is Wall Street." . . . Mono- gram reports the following circuit deals : Shea Theatres, Cleveland ; Cumberland Circuit, Atlanta ; Schine, Albany and Buffalo ; Theatre Service Circuit, New Orleans, and E. M. Loew Theatres, Boston. • • Ida Lupixo draws the feminine lead in Warners' "The Gentle People," from the Irwin Shaw play. . . . Lit- tle Carolyn Lee, who scored a hit in Paramount's "Virginia," gets a new contract and the starring role in "You Go Your Way," which Edward H. Griffith will produce and direct. . . . Charles Brackett and Billy Wil- der have been loaned by Paramount to Samuel Goldwyn for an unan- nounced writing chore. Bud Abbott and Lou Costello have been signed by Decca for a series of records, featuring their comedy. They are pres- ently engaged in Universal's "Oh, Charlie," described as a "horror-comedy." . . . David O. Selznick's "Rebecca" makes its return in Los Angeles at the Hawaii, starting Feb. 12. . . . Columbia has given director Alexander Hall a new term contract. . . . Warners have ex- tended Raoul Walsh's contract. • • Jules White, Columbia short sub- jects producer, is planning a sequel to "You Nazty Spy," Three Stooge two- reeler of a year ago. It will be called "I'll Never Heil Again," and White has assigned Felix Adler and Clyde Bruckman to do the script. 'Philadelphia' Hit at $27,500 In That City Philadelphia, Jan. 29. — Inclement weather the last days of the week held down the grosses at the downtown houses. With mostly holdovers and second runs, "Philadelphia Story" led, giving the Boyd §27,500. "The Son of Monte Crista" (U. A.) ALDINE— (1,400) (35c-41c-46c-57c-68c) 7 days, 2nd week. Gross: S5,200. (Average, $9,000) "North West Mounted Police" (Para.) ARCADIA— (600) (35c-46c-57c) 7 days, 2nd run. Gross: $4,200. (Average, $2,600) "Philadelphia Story" (M-G-M) BOYD— (2,400) (35c-41c-46c-57c-68c) 7 days. Gross: $27,500. (Average, $13,000) "Invisible Woman" (Univ.) EARLE — (4,000) (35c-41c-46c-57c-68c) 7 days with vaudeville including Ted Weems' orchestra, Perry Como, Elmo Tanner, Red Ingle, Orn Downes, Marvel Maxwell, Mar- doni, Gene Sheldon with Loretta Fischer, Dennett & Dae. Gross: $15,500. (Average, $14,000) "A Little Bit of Heaven" (Univ.) FAY'S— (2,190) (15c-29c-35c-46c-57) 7 days, subsequent run with vaudeville including Noel Carter, Vicki Wells, Roy Davis, Jackie White, Ballard & Rae, Elmer Cleve with Marilyn Keller and Professor Cheer, Stanley Benson & Co. Gross: $6,400. (Average, $6,900) "Santa Fe trail" (W. B.) KARLTON— (1,000) (35c-41c-46c-57c-68c) 7 days, 2nd run. Gross: $4,800. (Average, $3,000) "Love Thy Neighbor" (Para.) FOX— (3,000) (35c-41c-46c-57c-68c) 7 days. Gross: S14,800. (Average, $13,000) "Kitty Foyle" (RKO) KEITH'S— (2,200) (35c-41c-46c-57c-68c) 7 days, 2nd run. Gross: $5,200. (Average, $4,500) "Comrade X" (M-G-M) STANLEY— (3,700) (35c-41c-46c-57c-68c) 7 days, 2nd week. Gross: $8,200. (Average, 514,000) "Texas Rangers Ride Again" (Para.) STANTON— (1,700) (35c-46c-57c) 7 days. Gross: $3,700. (Average, $4,500) 4Luck' and Goodman Best in Providence Providence, Jan. 29. — Grosses at most downtown houses ran close to average, the Ice Follies at the R. I. Auditorium and the grippe epidemic holding revenue down. Estimated takings for the week end- ing Jan. 22-23 : "Kitty Foyle" (RKO) "The Saint in Palm Springs" (RKO) RKO-ALBEE— (2,239) (28c-39c-50c) 7 days, 3rd week. Gross: $7,000. (Average, 56,000) "Flight Command" (M-G-M) "Keeping Company" (M-G-M) LOEWS STATE— (3,232) (2Sc-39c-50c) 7 days. Gross: $11,700. (Average, $11,000) "Hudson's Bay" (20th-Fox) "Six Lessons from Madame La Zonga" (Univ.) MAJESTIC— (2,250) (28c-39c-50c) 7 days. Gross: $7,000. (Average, $6,500) "Victory" (Para.) (2 days) "Dancing on a Dime" (Para.) (2 days) "Cherokee Strip" (Para.) (5 days) "Bowery Boy" (Rep.) STRAND — (2,200) (28c-39c-50c). Gross: $5,000. (Average, $6,000) "You're Out of Luck" (Mono.) METROPOLITAN — (3,045) (28c-39c-55c- 75c) 3 days. Stage show with Benny Good- man and orchestra, Shea and Raymond, and Toy and Wing. Gross: $7,100. (Average, $4,000) "Go West" (M-G-M) "Land of Liberty" (M-G-M) CARLTON— (1,526) (28c-39c-50c) 2nd week. Gross: $1,500. (Average, $3,500) "Lone Star Raiders" (Rep.) "Girl in the News" (20th-Fox) FAY'S — (1,800) (15c-28c-39c). Gross: $2,000. (Average, $2,500) "Bitter Sweet" (M-G-M) (3 days) "So You Won't Talk" (Col.) (3 days) "The Long Voyage Home" (U. A.) (4 days) "Christmas in July" (Para.) (4 days) EMPIRE— (2,200) (20c-28c) 2nd run. Gross: $1,600. (Average, $2,000) 'Wind9 Is Buffalo Smash at $22,700 Buffalo, Jan. 29. — "Gone With the Wind" was big at the Great Lakes with $22,700. "This Thing Called Love" made $7,800 at the Lafayette. 'Flight Command" at the Hippo- drome drew $7,900. Estimated takings for the week end- ing Jan. 25 : "Victory" (Para.) **Christmas in July" (Para.) BUFFALO — (3,389) (30c-55c) 7 days. Gross: S8.000. (Average. $12,000) "Gone With the Wind" (M-G-M) GREAT LAKES— (3.000) (40c-55c) 7 days. Gross: S22.700. (Average. $7,500) "Flight Command" (M-G-M) "Keeprng Company" (M-G-M) HIPPODROME— (2.100) (30c-50c) 7 days, 2nd week. Gross: S7.900. (Average, $6,800) "Kitty Foyle" (RKO) TWENTIETH CENTURY— (3,000) (30c- 50c) 7 days, 2nd week. Gross: $7,800. (Average, $7,500) "This Thing Called Love" (Col.) "Phantom Submarine" (Col.) LAFAYETTE— (3,000) (30c -40c) 7 days. Gross: $8,000. (Average, $6,300) Henie Revue Hurts Indianapolis Films Indianapolis, Jan. 29. — The Sonja Henie Ice Revue here is expected to provide strong competition for ex- hibitors. The show open for six days tomorrow, and the advance sale at S2.75 top indicates a probable gross of $90,000. Last year it took $75,000. Films for Greek Relief A short subject made up of films of the Greek-Italian war will be dis- tributed by the Greek War Relief As- sociation throughout the country in connection with the organization's drive for funds. The films are now en route here from Egypt. 'Wind' Is Smash in St. Louis, $25,500 St. Louis, Jan. 29. — "Gone With the Wind," playing to record-breaking crowds at the Loew's State, stimulated business all over town. The film drew nearly 65,000 persons in a week for $25,500 at regular prices. Estimated takings for week ending Jan. 23 : "Gone With the Wind" (M-G-M) LOEW'S STATE— (3.162) (40c-56c) 7 days. Gross: $25,500. (Average, $13,000) "Four Mothers" (W. B.) "No, No, Nanette" (RKO) AMBASSADOR— (3.018) (28c-36c-44c-56c) 7 days. Gross: $9,500. (Average, $11,500) "Love Thy Neighbor" (Para.) FOX— (5,038) (30c-40c-50c) 7 days. Club Plantation revue on stage. Gross: $13,000. (Average, $11,000) "This Thing Called Love" (CoL) "Invisible Woman" (Univ.) MISSOURI— (3.514) (30c-40c-50c) 7 davs. Gross: $6,000. (Average, $4,000) "Submarine Patrol" (20th-Fox) "Night Train" (20th-Fox) ST. LOUIS— (4,000) (25c-35c) 7 days. Gross: $2,400. (Average, $2,600) 'Story' Pulls Good $8,900, Seattle's Best Seattle, Jan. 29. — "The Philadel- phia Story" took a strong $8,900 to top the town at the Fifth Avenue. "Sec- ond Chorus" at the Orpheum did $6,- 100. The weather was fair and mild. Estimated takings for the week end- ing Jan. 24: "White Zombie" (Univ.) "Phantom of Chinatown" (Mono.) BLUE MOUSE— (950) (25c) 7 days. Gross: $2,900. (Average, $4,000) "The Philadelphia Story" (M-G-M) "Michael Shane, Private Detective" (20th- Fox) FIFTH AVENUE— (2,500) (25c-35c-50c- 65c) 7 days. Gross: $8,900. (Average, $7,- 000) "The Son of Monte Cristo" (U. A.) "Five Little Peppers in Trouble" (CoL) LIBERTY— (1,800) (25c-35c-50c-65c) 7 days, 2nd week. Gross: $4,600. (Average, $5,000) "Flight Command" (M-G-M) "Keeping Company" (M-G-M) MUSIC BOX— (950) (25c -35c -50c -65c) 7 days. 3rd week. Gross: $3,000. (Average, $4,000) "Second Chorus" (Para.) "Night Train" (20th-Fox) ORPHEUM— (2,450) (25c-35c-50c) 7 days. Gross: $6,100. (Average. S6.000) "The Invisible Woman" (Univ.) "Black Diamonds" (Univ.) PALOMAR— (1.500) (20c-30c-40c-50c) 7 days. Vaudeville. Gross: $5,200. (Aver- age. $5,000) "Love Thy Neighbor" (Para.) "Jennie" (20th-Fox) PARAMOUNT— (3.050) (30c-40c-50c) 7 davs. 2nd week. Gross: $5,800. (Average, $6,000) 'Command' $10,000 Indianapolis Lead Indianapolis, Jan. 29. — "Flight Command" and "Lone Wolf Keeps a Date" took $10,000 at Loew's and "Second Chorus" and "Texas Rang- ers Ride Again" drew $8,000 at the Indiana. Estimated takings for the week end- ing Jan. 24: "Victory" (Para.) "Life With Henry" (Para.) CIRCLE— (2,800) (28c-33c-44c) 7 days. Gross: $5,600. (Average, $6,000) "Second Chorus" (Para.) "Texas Rangers Ride Again" (Para.) INDIANA— (3,200) (28c-33c-44c) 7 days. Gross: S8,000. (Average, $5,500) "Flight Command" (M-G-M) "The Lone Wolf Keeps a Date" (Col.) LOEW'S— (2.800) (28c-33c-44c) 7 days. Gross: $10,000. (Average, $7,000) "Hudson's Bay" (20th-Fox) LYRIC— (2,000) (28c-33c-44c) 7 days. Stage: Vaudeville, headed by Johnny Burke. Gross: $8,500. (Average, $8,000) 'Comrade' Captures $10,000 in Montreal Montreal, Jan. 29. — "Comrade X" led local grossses with $10,000 at Loew's. "Thief of Bagdad" in its fifth week at the Orpheum took $2,700. Estimated takings for the week end- ing Jan. 25 : "The Thief of Bagdad" (U. A.) ORPHEUM — (1,000) (30c-43c) 7 days. Gross: S2.700. (Average. $4,000) "Comrade X" (M-G-M) LOEWS — (2.900) (30c-40c-60c) 7 days. Gross: $10,000. (Average. $7,000) "Santa Fe Trail" (W. B.) PALACE— (2,200) (25c-45c-65c) 7 days, 2nd week. Gross: $5,000. (Average, $7,000) "Submarine Zone" (20th-Fox) "Glamor for Sale" (20th-Fox) CAPITOL— (2,800) (25c-45c-55c) 7 days. Gross: $5,000. (Average. $4,000) "A Night at Earl Carroll's" (Para.) "World Aflame" (Para.) PRINCESS — (2.200) (25c-40c-50c) 7 days. Gross: $3,000. (Average, $2,500) With Two in the TEN BEST for I94< ere is Alfred Hitchcock's FIRST for 19411 Thursday, January 30, 1941 Motion Picture Daily 11 Off the Antenna D ADIO, like the press, must be free in order to function effectively as a weapon of national defense, Niles Trammell, NBC president, asserted in a talk recently to the 16th Women's Patriotic Conference in Washington. • • • Purely Personal: Irving Bendig ivill start writing scripts for "City Desk" over CBS next week . . . Ethel, John and Lionel Barrymore will be heard over NBC-Blue next Tuesday at 11 :30 P.M. in connection with Ethel's celebration of the 40th anniversary of her elevation to featured roles. Also heard on the show will be Arthur Hopkins and Alexander Woollcott . . . Helen Hayes will be guest on "Salute to Britain" over WNEW, Friday, Feb. 7 at 7 :45 P.M. . . . Grade Barrie will be guest on "Hearn's Variety Show" over WHN Monday at 10 A.M. . . . Arnold Jaffe has been named director of Jewish programs for WHOM . . . D. A. Myer, who has been in charge of technical operations at WBZ, Boston, for the past five years, has been named chief engineer for KDKA, Pittsburgh . . . Tom Slater, who produces "This is Fort Dix" for IVOR is in the Army hospital at the Fort with the, flu. • • • Program News: WHN is distributing a sales brochure on "Kid Wizards" . . . The "Homemakers," a group of women who come to hear the Ida Bailey Allen program over WMCA will tender her a birthday party at the Hotel Pennsylvania this afternoon . . . "Joyce Jordan, Girl Interne," will start its fifth year on the air Monday at 2:15 P.M. over CBS . . . "Ski Time," a new show scheduled to start over WNEW Friday, Feb. 7 at 9:15 P.M. will feature information about the weather for ski and other snow enthusiasts. The U. S. Travel Bureau is cooperating on the show. • • • Next week's television schedule for NBC starts with a hockey game between the Rangers and Americans at Madison Square Garden Tuesday evening; wrestling from Jamaica Arena, Friday night; and a college basketball doubleheader from the Garden on Saturday night. Lux Program Will Carry Fame Award Hollywood, Jan. 29. — Dur- ing the performance of the "Lux Radio Theatre" over CBS Monday at 9 P. M., Cecil B. DeMille, producer of the show will present to David O. Selznick a Quigley Pub- lications parchment "in token of his record as the producer of the greatest number of Box-Office Champion pictures over a period of nine years." The presentation ceremony will follow the performance of "Rebecca" on the Lux show with Ronald Colman, Joan Fontaine and Judith Anderson in the leading roles. The award is based upon rec- ords tabulated for Fame. Film Men Sought by Army for Emergency As part of the National Defense Program, the Photographic Unit of the U. S. Army is making a check "for the purpose of obtaining informa- tion on qualified motion picture men willing to serve in time of national emergency." Posters have been placed around the various studios urging men over 18 and familiar with any phase of production to register with the Re- search Council of the Academy of Motion Picture Arts and Sciences. The posters point out that such regis- tration does not mean enlistment but will serve merely as a record of those willing to serve in an emergency. Begin Inquiry on Toronto Accident Toronto, Jan. 29. — Investigation by the Ontario Government into the Dorice Theatre accident recently, when 30 children were overcome by gas fumes, begun today. Various attendants and employes at the theatre, as well as the fire mar- shall, city firemen and Sam Lester, owner of the house, testified. Clinton With BMI Larry Clinton, band leader and composer and arranger of several tunes, yesterday became the first As- cap writer to align himself with BMI. Clinton's Ascap membership expired Dec. 31, and he signed a three-year agreement with BMI yesterday. The contract covers all music composed or arranged by Clinton after Jan. 1 of this year. President on Seven Stations Tonight President Roosevelt's greet- ings to participants in his birthday ball celebrations throughout the country will be heard over seven local radio stations on a one-hour broadcast beginning at 11:15 tonight. WEAF, WJZ, WABC, WOR, WMCA, WNEW and WHOM will carry the pro- gram. Archives Budget $993,340 in Year Washington, Jan. 29. — A total of of $993,340 is provided for activities of the National Archives during the fiscal year 1942 in the first appropria- tion bill for the session, reported to the House of Representatives today. The appropriation represents an in- crease of $60,480 over the current year. More than 522.000 feet of motion pictures were received by the Archives from private sources during the fiscal year ended June 30, last, R. D. W. Connor, Archivist, told a House Ap- propriations subcommittee during hearings. All told, the Archives' motion pic- ture holdings now amout to 4,352,419 feet of film and 3,754 recordings, he said. Equipment Need Urgent Most urgent need is equipment for duplicating film, Connor said. Ap- proximately 85 per cent of the film now held is on nitrate base, which is not only dangerous but unstable. A transfer to acetate film is desired. Hearings on the appropriation for the Budget Bureau disclosed that that agency, at the suggestion of the sub- committee, is making an extensive survey of Government expenditures for motion pictures and radio. Questionnaires are being sent to the heads of all departments and agencies for information on their proposed ex- penditures for the current fiscal year for film production and broadcasting, the results of which later will be submitted to Congress. This is the first study of the kind ever under- taken. Sues Over Song Use Robbins Music Corp. has filed suit in the U. S. District Court against CBS charging the unauthorized use of one of its songs in a broadcast. The complaint states WFET, Boston, on Jan. 14, 1941, broadcast the Rob- bins' song, "Don't Be That Way." Permit WOR Move Here from Newark WOR received permission from the FCC yesterday to change the location of its main studios from Newark to New York City and the Newark stu- dios will be closed after Saturday. "Although WOR will continue its policy of serving particularly the in- terests of Newark and New Jersey listeners," Alfred J. McCosker, WOR president, said, "the change in its main studios will permit more effective co- ordination of the program and talent resources available in New York. The location of WOR's high power trans- mitter remains at Cartaret, N. J." Films Nominated for Art Direction Award Hollywood, Jan. 29. — Nominated for the black-and-white art direction award of the Academy of Motion Picture Arts and Sciences are : "Arise My Love," "Arizona," "Boys From Syracuse," "Dark Command," "Foreign Correspondent," "Lillian Russell," "My Favorite Wife," "My Son, Mv Son," "Our Town," "Pride and Prejudice," "Rebecca," "The Sea Hawk," "The Westerner." For the color art direction award, nominees are : "Bitter Sweet," "Down Argentine Way," "North West Mounted Police," "The Thief of Bagdad." Sunday Is Best Day For British Houses London, Jan. 29. — The London Branch of the Cinematograph Ex- hibitors Association, in its annual meeting yesterday, discussed problems of adjustment made necessary by the war, and it was agreed that Sunday is now the exhibitors' most profitable day. Sunday opening hours were dis- cussed, and it was decided to ask vari- ous local authorities to allow Sunday opening until 11 P.M., as it was be- fore the war. Sid Hyams presided. $4,259,729 Fiscal Year FCC Budget Washington, Jan. 29. — Total ap- propriations of $4,259,729 were today recommended for operation of the Federal Communications Commission during the fiscal year beginning July 1, next, in the independent offices ap- propriation bill reported by the House Appropriations Committee. The sum represents the full amount recommended in the annual budget and is a net in- crease of $1,883,389 over the current appropriation. All of the net increase and more is provided in a new fund of $1,920,000 given the commission for national de- fense activities, but the reduction in funds for regular activities is only ap- parent, since the current appropriation carried $175,000 for relocation of monitoring stations for which no fur- ther expenditure will be required. Possibilities of making the commis- sion self-supporting through the im- position of taxes on licensees were suggested by Representative Richard B. Wigglesworth (Rep., Mass.) dur- ing hearings before the House Appro- priations subcommittee in charge of the bill. Fees Being Studied Testifying before the subcommittee, Chairman James L. Fly disclosed that the matter was of interest to the com- mission and that a study now was being made of license fees at various levels. Representative Wigglesworth ex- pressed_ interest in a 15 per cent tax- on station and network earnings, and Fly estimated that some $3,900,000 could be raised in that manner, ex- plaining that 478 stations reported earnings of $20,427,000 in 1939 and the networks $5,631,000. Fly's testimony covered a variety of points, most of them raised by Rep- resentative Wiggleswbrth, who for several years has been seeking a Congressional investigation of broad- casting. The FCC chairman promised that the final report on the chain- monopoly hearing would be submitted within a month but refused to pre- dict what recommendations, if any, would be made. Suspect Washington, Jan, 29 A TALL man emerged from the alley exit of Loew's Capitol and was pounced upon in the snow by Secret Service men. He was in a tough spot until Col. Ed- mund Starling, chief of the White House detail, came to the rescue. The victim was Carter Barron, Loew division man- ager, who was heading for the National Theatre via the back door. The reason for the excitement was that President Roosevelt was at- tending a benefit perform- ance at the National. Barron was admitted — and by the President's special entrance. UNTIL YOU CAN SEE THIS GREAT PICTURE FOR YOURSELF . until we can actually report its performance to you, let the experts who see all pictures tip you off that here is one of TOPMOST importance! 'Brilliant production of Remarque novel has beauty, pathos and comedy and should score heavily." — Film Daily "A most auspicious beginning for the Loew-Lewin producing combination. A poignant and moving picture." — Motion Picture Daily rA magnificent production should win favor at the box-office." — Hollywood Reporter 'One of the best motion pictures I have ever seen!" — Harry Crocker, Los Angeles Examiner "Deeply impressive, beautifully acted and excellently directed and produced." — Dorothy Manners, International News Service "In the forefront of 1941's contenders for top motion pic- ture honors. Audiences will thrill to the exciting story." -Jay Emanuel Publications "Truly distinctive ... a corking set of performances by an outstanding cast." —National Box Office Digest "Excellent . . .you should see it." — Liberty Magazine IDRIC David L. Loew • Albert Lewin present MARGARET FRANCES MARCH SULLAVAN DEE in with Glenn Ford • Anna Sten and Erich von Stroheim DirecMby JOHN CROMWELL • Screen play by Talbot Jennings Frwi the novel, "Flotsam," by Erich Maria Remarjue Released thru UNITED ARTISTS Alert, InteWgei to the^ cjtion Picture Industry MOTION PICTURE DAILY v^L. 49. NO. 23 =^1 NEW YORK, U.S.A., MONDAY, FEBRUARY 3, 1941 TEN CENTS Ascap Decree Move Off, U.S. Will File Suit Negotiations Fail, But New Talks Seen Weekend negotiations by Ascap for a Federal consent decree ended with- out an agreement in Washington with the result that the Government today is expected to file an information in Federal court at Milwaukee against the music licensing society, charging violations of the anti-trust laws. Negotiations for a settlement of the society's differences with the Government will continue, however, despite the court action, it was stated officially. Discontinuance of the preliminary negotiations in Washington over the weekend voided an arrangement which had been made to bring the entire available Ascap board of directors of 24 members to Washington today for conferences with Assistant U. S. At- torney General Thurman Arnold and members of his staff. The object of the meeting was to give the Government representatives, through the music publisher members of the Ascap board, the practical busi- ness aspects of the effects of the Gov- ernment's decree proposals on the business activities of Ascap members. By this means, it had been hoped, the Government might have been influ- enced to relax some of its demands, decree-wise, which the music society (Continued on page 2) Loew Quarter Net Equals $1,936,245 Loew's, Inc., reports net profit of $1,936,245 for the first quarter ended Nov. 21, 1940, of its current fiscal year, after depreciation and taxes and reserve for contingencies. The result compares with net profit of $1,393,456 for the corresponding quarter of the preceding fiscal year, a gain of $542,789. The parent company's share of oper- ating profit after subsidiaries pre- ferred dividends for the quarter amounted to $3,805,255, compared with $3,017,481 the preceding year. Depreci- ation and taxes amounted to $1,369,010, compared with $1,124,025, and reserve for contingencies was $500,000 for both years. The result for the quarter equals $14.16 per share on the preferred stock, compared with $10.19 the preceding year, and to $1.04 per share on the common, compared with 71 cents. 'Little Three' Lose Oklahoma Motion; S chine Suit Halted United Artists' motion for dismissal of the Government's amended com- plaint against the "Little Three" and Griffith Amusement Co. was denied by Federal Judge Edgar S. Vaught in U. S. District Court at Oklahoma City following an all-day hearing Fri- day. Concurrently, the Government served notice that it would not move for dis- missal of the five consenting com- panies from the Buffalo-Schine Cir- cuit anti-trust suit and the filing of an amended complaint against the "Little Three" there, until such time as that case may come to trial. Originally, this was scheduled to have been done today, then the move was postponed to Feb. 10, and now is deferred indefinitely. Presumably, the deferment is for the purpose of awaiting the outcome of negotiations between Schine and the Government on a consent decree. Willard S. Mc- Kay, attorney for the circuit, reports that the negotiations are "progress- ing." In Oklahoma City, Judge Vaught held that the affidavits for dismissal (Continued on page 2) Bill on Equal Rights Is Filed in Albany Albany, Feb. 2. — Assemblyman Daniel Burrows on Friday introduced into the New York legislature an "equal accommodations" bill, which provides license revocation in event of failure of a public place to offer equal privileges to all. Under the bill, verified petitions would get prompt hearings, with a minimum suspension of one month for a first offense and forfeit of license for repeated violation. NO COMPLAINTS ON BOARDS' FIRST DAY Allied in Support Of Government Bid To 'Police' Decree Washington, Feb. 2. — Allied States Association gives qualified support to the recent Department of Justice bid for exhibitor "cooperation" on en- forcement of the consent decree, in a report sent to Allied members yester- day by Abram F. Myers, chairman and general counsel. In one section of the report Myers points out that the decree is subject to change within the next three years and that "exhibitors have a vital stake in the decisions yet to be made." He urges them, therefore, to report to the proper authorities all evasions and violations of the decree and what- ever hardships may develop under it. "Exhibitors must build up a record," the report states, "which cannot be ignored by the authorities when the time comes to revamp the decree or for the Government to petition the court for further relief. If a proper record is built up, the exhibitors will come pretty close to getting what they really want and need. If not, they will have lost their last chance for consideration at the hands of the Government." This is in agreement with the urg- ing of the Department of Justice which asked exhibitors to make use of arbitration, complaints direct to (Continued on page 4) No Hasty Decision Is Expected On New Standards for Television By SAM SHAIN Washington, Feb. 2. — There will be no hasty determination of television standards by the FCC, it is believed in official circles, despite the fact that the National Television Systems Committee recently by a majority vote decided for no change. Rather, it is felt that standards must be agreed upon and that the hearings in March will result in some conclusion. It is said to be the opinion of most of the FCC that action by the commis- sion will follow only after there is a full agreement of the NTSC on standards. That no such full agreement by the NTSC can be expected at present is a matter which Washington experts take for granted because any change of standards at this time will affect many of the existing set manufacturing licenses. Television having been in the developing stages for 20 years, Government experts do not believe that even the FCC can solve it in a few months. Many Local Offices Lack Furniture as Clerks Take Up Duties No complaints were filed for arbi- tration in any of the 31 local boards on their official opening day last Sat- urday, which marked the inaugura- tion of the industry's arbitration sys- tem under the Federal consent decree. American Arbitration Asso- ciation headquarters here re- ported that every local board opened on Saturday and clerks were on hand in each. It was pointed out, however, that few, if any, complaints were ex- pected in advance to be filed on Saturday. The complaint forms, termed a "de- mand for arbitration," and a "com- plainant's submission," must be ob- tained and filled out before a com- plaint is filed. The filling out of the forms would require such time as would make their return to the clerk the same day unlikely. Many of the boards which opened Saturday had little more than office space at the time, according to re- ports from the field. The A. A. A. it- self was in the midst of moving to new headquarters in the U. S.. Rub- ber Bldg., Rockefeller Center. The new offices were still unfurnished Sat- urday. An exhibitor desiring to file a complaint could have done so at the old A. A. A. offices, however. A number of key cities reported similar situations at their boards, and while clerks were on duty, offices were incompletely furnished. Exhibi- tor opinion in many keys, too, was that no one will be in a hurry to file (Continued on page 4) British Producers To Fight Quota Cut London, Feb. 2. — Labor and pro- ducer opposition is expected in the event of an exhibitor attempt to bring about reduction in exhibitors' quota percentages. It is authoritatively understood that the two groups will fight any sug- gested reduction, claiming that despite a superficial product shortage as a re- sult of war conditions, the British in- dustry is healthy, with only five per cent of the technicians unemployed. The trade units also point to Ameri- can productions, in work or planned, and the fact that although only 10 British films were registered from October to December, nine were reg- istered in January alone. 2 Motion Picture daily Monday, February 3, 1941 Ascap Decree Move Off, U.S. Will File Suit (Continued from page 1) regards as impossible from a business standpoint. The discontinuance of the negotia- tions followed weekend negotiations in Washington, begun Friday, which were conducted by Louis D. Frohlich and Herman Finkelstein of Ascap counsel, with Government representa- tives. The Ascap board of directors, in a special meeting on Saturday, heard from its attorneys a report of the Gov- ernment's decree demands. Unofficially, it was reported that the board affirmed the rejection of the demands, but moved to keep the way open for further negotiations, in the hope that the proposals, which it re- gards as fatal to Ascap, may be modi- fied and an acceptable decree devised Develop Television For Armed Forces Philadelphia, Feb. 2. — The fore- most authorities on television are de veloping the system for the nation's armed forces, it was disclosed at a forum here of the American Insti- tute of Electrical Engineers in con vention at the Bellevue-Stratford Hotel. Experimental television broad- casts from airplanes to land stations have been made successfully. "We do not have to let the imagina- tion run wild," said Dean Joseph W Barker, of the Columbia University School of Engineering, "to picture the possibility of an airplane equipped with television flying over the battlefields while the troop commander and his general staff gather about the view ing screen at General Headquarters and have instantaneous and accurate information of events in the front line." Net. Court Hears Games Test Today Omaha, Feb. 2. — The Nebraska State Supreme Court will hear argu ments tomorrow on the case brought to test whether the chance games operated by Omaha exhibitors violate the court's injunction declaring one game a lottery. The test case has been brought by Attorney General Johnson, on Su preme Court orders, against the Omaha Motion Picture Exhibitors As sociation after the Omaha city solici tor had filed a suggestion of contempt The original ruling was made about three years ago. Aid Paralysis Drive Chicago, Feb. 2. — Ten per cent of the proceeds of the dinner-dance held Friday night at the Congress Hotel by the Reel Fellows Club will be donated to the infantile paralysis fund The club includes local exchange ex ecutives and salesmen. N. H. Union Meets Today New Haven, Feb. 2.— Local B-41 of the exchange employes union will hold a regular meeting at the Hotel Garde tomorrow with Samuel Zipkin presiding. Personal Mention SAM PINANSKI of_M & P Thea- tres, Boston, was in New York at the weekend for Paramount home office conferences. • Austin Keough, Paramount vice- president and general counsel was de- layed' by illness from leaving for Panama over the weekend. He is scheduled to leave by plane today, returning in about a week. • Del Goodman will leave for Toronto tonight to take over his new post as Canadian sales manager for Paramount. • William C. deMille late last week addressed the New Haven Open Forum at the First Methodist Church on screen freedom. • Alden Lockhart, manager of the Regent, St. John, N. B., is the father of a son, named David Winston. • Bernard H. Mills, general sales manager of Equity Film Exchanges, leaves today for a trip upstate, while Louis E. Ramm, new sales promo- tion manager, leaves today for Chi- cago and other Midwest cities. • Milton J. Salzburg, president of Pictorial Films, left over the weekend via TWA for a two-week business trip through the Midwest. • Otto Bolle, 20th Century-Fox manager in South Africa, leaves for Johannesburg today on the City of New York. • Leonard Asheim, theatre architect of Bridgeport, Conn., has left for a Florida vacation. • John Devine, advertising manager of Alexander Carpet Co., and Lewis Van Aiken are on a tour of com- pany branches. I. Lawrence Lesavoy has left for Florida. Help! Pittsburgh, Feb. 2. JDU SIN ESS was so heavy J-Jat Loeufs Penn for "Gone With the Wind" that Man- ager Marty Burnett sent out a call for emergency ushers to help clear the aisles. At the next break, outgoing crowds were directed to the proper exits by the manager of a neighboring competitor theatre, ushers from two other rival houses, a friendly jeweler, and the theatrical admen from the Post-Gazette and Press. Nazis Threaten Air Players in Norway Greek Fund Show Broadcast Feb. 8 The 90-minute Greek War Relief Committee show will be broadcast Saturday, Feb. 8 at 11:15 P. M. over NBC-Red and Mutual and will be offered to all independent stations. Spyros P. Skouras, president of the committee, and Samuel Goldwyn, chairman of the permanent charities committee for the motion picture in- dustry have collaborated in preparing the program. Mort Blumenstock, Warner Eastern advertising and pub- licity head, is directing the campaign, assisted by Harry Maizlish, of KFWB, Los Angeles, and Al Simon, publicity director of WHN. Jack Benny and Bob Hope will act as masters of ceremony. Others to be heard on the show include Bette Davis, Spencer Tracy, Paul Muni, Clark Gable, Charles Laughton, Made- leine Carroll, Groucho Marx, the entire cast of the "Hardy Family," Eddie "Rochester" Anderson, Burns and Allen, Fannie Brice, Hanley Staf- ford, Alice Faye, Carole Lombard, Myrna Loy, Mary Martin, Tony Mar- tin and many others. Roxy Sets Dividend A quarterly dividend of 37J/2 cents per share on the outstanding pre- ferred stock of Roxy Theatre, Inc., was declared Friday by the board of directors of the company. The divi- dend is payable March 1 to holders of record on Feb. 15. Baur Picture to World World Pictures Corp. has acquired distribution rights in this country to "The Mad Emperor," French his- torical film starring Harry -Baur. It will be released late in February. Maurice Tourneur directed. 'Dictator' in Argentina The Argentine premiere of "The Great Dictator" was held Thursday at the Mayo Theatre, Parana, accord- ing to advices received at the home office. To Release 'Last Mile' Astor Pictures will release "The Last Mile," through franchise holders, according to a deal closed with Mo- hawk Film Corp. Washington, Feb. 2. — Norwegian radio performers have been threatened with "serious personal reprisals" if they continue their stubborn resistance to the cultural program of the "new order" in Nazi-occupied Norway, it is charged by the Norwegian Govern- ment's press representative there. According to authoritative inforrn^^ tion, it was said, Gulbrand Lunde, hflEfj of the ministry of propaganda, has^F formed the Actors' Guild that any member who refuses to accept parts in Nazi-controlled theatrical productions or radio plays will be placed on a ' blacklist and forever barred from his profession. When the Nazis took over the Nor- wegian national broadcasting system, it was explained, a majority of per- formers refused to go on the air and the quality of programs sank to a low level, with the result that the listening audience showed little if any interest in the Nazi-dictated programs. Pictures Nominated For Camera Award Hollywood, Feb. 2. — Productions have been nominated for the Academy Award for achievement in black-and- white and color cinematography. The black-and-white group includes : "Abe Lincoln in Illinois," "All This and Heaven Too," "Arise My Love," "Boom Town," "Foreign Corre- spondent," "The Letter," "The Long Voyage Home," "Rebecca," "Spring Parade" and "Waterloo Bridge." The films nominated for the color photography award are: "Bitter Sweet," "The Blue Bird," "Down Ar- gentine Way," "North West Mounted Police" and "The Thief of Bagdad." Motion of 'Little 3' Denied in Oklahoma {Continued from page 1) filed by Edward C. Raftery, U. A. counsel, were insufficient and advised the defendants and the Government to prepare for trial of the case, which may begin in May. Time for the de- fendants to file answers to Govern- ment interrogatories was extended from Feb. 1 to March 1, and Raf- tery agreed to hasten preparations to bring the case to trial as early as possible. Jones Has Whalen Duties Charles Reed Jones, advertising and publicity director of Republic, will absorb the department publicity duties formerly handled by David B. Whalen, who resigned last week. No replacement will be made in the de- partment, it was said. Col. Executives West Jack Cohn, Columbia vice-presi- dent ; Abe Schneider, treasurer ; Abe Montague, general sales manager, and Joseph A. McConville, foreign man- ager, left for the studio over the week- end for conferences. Quigley to Coast Martin Quigley left over the week- end for a several weeks' visit in Hollywood. Glass U. A. Western Advertising Contract Hollywood, Feb. 2. — George Glass has been appointed Western publicity and advertising contact for United Artists by Monroe Greenthal, direc- tor. Glass will resign as vice-presi- dent of Russell Birdwell and Asso- ciates to take the new post on Feb. 10. Glass formerly was a newspaper man and handled advertising and publicity for Selznick International for three years. MOTION PICTURE DAILY (.Registered V. S. Patent Office) Published daily except Saturday, Sunday and holidays by Quigley Publishing Company, Inc., 1270 Sixth Avenue, Rockefeller Center, New York City. Telephone Circle 7-3100. Cable address, "Quigpubco, New York." Mar- tin Quigley, Editor-in-Chief and Publisher; Colvin Brown, Vice-President and General Manager; Watterson R. Rothacker. Vice- President; Sam Shain, Editor; Alfred L. Finestone, Managing Editor; James A. Cron, Advertising Manager; Chicago Bureau, 624 South Michigan Avenue, C. B. O'Neill. Manager; Hollywood Bureau, Postal Union Life Building, William R. Weaver, Editor; London Bureau, 4 Golden Square, London Wl, Hope Williams, Manager, cable address "Quigpubco, London." All contents copy- righted 1941 by Quigley Publishing Com- pany, Inc. Other Quigley publications: Motion Picture Herald, Better Theatres, International Motion Picture Almanac and Fame. Entered as second clasi matter, Sept. 23, 1938, at the post office at New York, N. Y., under the act of March 3, 1879. Subscription rates per year $6 in the Americas and $12 foreign. Single copies 10c. mm mm mm mm mm mm mm mm mwrnm mm m KEEP SELLING! ELLING! • A lot of successful theatre men who have been through the mill in good times and bad . . . have arrived at this unwritten law that could easily be the keynote of any book on show- manship worthy of the name: • That unwritten law is this simple statement: KEEP SELLING . . . KEEP SELLING . . . KEEP SELLING. And SELLING in the showman's book means "advertising". Paid advertising . . . publicity . . . exploitation and above all DISPLAY ADVERTIS- ING. In your lobby . . . under your marquee ... on your . . . screen ... on your outdoor poster spots. • That naturally brings us to the Three Best Seat Sellers in this Industry . . . Trailers by NATIONAL SCREEN SERVICE . . . Lobby Displays by NATIONAL SCREEN ACCESSORIES . . . General Accessories by ADVERTISING ACCESSORIES, INC., — and then write your own book of showmanship! nflTionfli^c^1 service • nflTionfli^^ accessories 4 Motion Picture Daily Monday, February 3, 1941 No Complaints Are Filed As Boards Open (.Continued from page 1) a complaint, and that weeks may elapse in some before the first com- plaint is filed. Exhibitor resentment also cropped up again in some cities against the non-industry character of board clerks and members of the panels, which will be completed this week. The two primary forms required for filing complaints are simple, free of excess wordage and technical phraseology. The first, the "demand for arbitration," is to state the nature of the grievance and the relief sought and requires only names and addresses of exhibitors and distributors com- plained against, of theatres involved in the controversy and of exhibitors and distributors who may be affected by an award. The second form, the complain- ant's submission, is the exhibitor's agreement to abide by the arbitrator's award. 'Maisie,' Ray Noble $15,100, Milwaukee Milwaukee, Feb. 2. — The week's best grosser was "Maisie Was a Lady" and Ray Noble's band at Fox's Wis- consin with $15,100. "Kitty Foyle" and "Let's Make Music" drew $11,300 at the Warner. Estimated takings for the week end- ing Jan. 30 : "This Thing Called Love" (Col.) "Ellery Queen — Master Detective" (Col.) PALACE— (2,400) (30c-40c-55c) 7 days. Gross: $6,000. (Average, $4,000) "San Francisco Docks" (Univ.) RIVERSIDE— (2,700) (33c-44c-55c) 7 days. Stage: A. B. Marcus' Continental Revue. Gross: $6,800. (Average, $6,500) "Arizona" (Col.) "Tall, Dark and Handsome" (20th-Fox) STRAND— (1,400) (30c-40c-55c) 7 days. Gross: $1,800. (Average, $1,500) "Kitty Foyle" (RKO) "Let's Make Music" (RKO) WARNER— (2,400) (30c-40c-55c) 7 days. Gross: $11,300. (Average, $4,500) "Maisie Was a Lady" (M-G-M) WISCONSIN— (3,200) (44c-65c) 7 days. Stage: Ray Noble. Gross: $15,100. (Aver- age, $5,500) Zanuck to Sun Valley Hollywood, Feb. 2. — Darryl F. Za- nuck, vice-president in charge of pro- duction for 20th Century-Fox, left here over the weekend to spend 10 days at Sun Valley, Idaho. Club Donates Car To Children's Home Baltimore, Feb. 2. — The Baltimore Variety Club has presented a large station wagon to the Maryland League of Crippled Children for use in transporting crippled tots to and from Camp Greentop near their Summer home at Thurmont, Md. C. W. Hicks is chief barker of the club. Hollywood Review "Western Union" (20th Century-Fox) Hollywood, Feb. 2 '"P EEMING with action and color, "Western Union" paints a screen ■■■ subject of the telegraph's Westward expansion during the Civil War. Robert Young, Randolph Scott, Dean Jagger and Virginia Gilmore provide the leading characterizations, with Young as the Eastern dude who proves his ability to ride and shoot in the best frontier fashion; Scott as the scout who meets death at the hands of his outlaw brother ; Jagger as head of Western Union, and Miss Gilmore providing romantic interest as the latter's sister. Chief support is provided by John Carradine, Slim Summerville, Chill Wills and Barton MacLane, with Young pacing the cast in extracting both humorous and dramatic possibilities from script and setting. The Technicolor photography is of a kind to satisfy all stand- ards, with a fire sequence of unusual power and effectiveness. Fritz Lang's direction builds the story to a successful climax with the pushing forward of the line, despite preventive efforts by Indians and would-be guerillas of the Confederacy. Production value in terms of setting and background most appropriate to the color camera marks the work of Associate Producer Harry Joe Brown, while laughter and suspense have been ably interjected. The picture is a natural for the many situations where Western stories are of the essence, and provides an exceptionally able example of that school in the spots where westerns heretofore have not been taken too seriously. Running time, 93 minutes. "G."* W. S. *"C7" denotes general classification. No Radio Monopoly, Nets Hold in New Briefs to FCC Washington, Feb. 2. — The three major networks Friday filed with ihe Federal Communications Commission supplemental briefs on monopoly in chain broadcasting, for consideration in preparing the final FCC report going to Congress shortly. NBC, holding the FCC has no power to set regulations controlling chain broadcasting, contended that even if such power existed, there are no practices requiring them. There is plenty of competition in broadcasting, NBC held, and "there is no problem of mon- opoly because of the competi- tion patent to every listener in the United States." The present competition will be in- tensified by national FM service, the NBC brief pointed out. Similar views were expressed by CBS in its final brief, which said, "The suggested 'reforms' would tend to destroy the American system of broadcasting." It was held that FCC power is limited to physical control of radio transmission, and cannot be ex- tended over the business affairs of stations, and that stations' business practices are beyond FCC jurisdiction except as they affect the licensee's ability to operate in the public interest. Mutual Broadcasting System held that the FCC has authority to regu- late chain broadcasting, but advocated that current regulations be confined to national networks and those deal- ing with regional chains be postponed for separate consideration. Mutual urged rules forbidding the licensing of stations to national networks in cities with fewer than four full-time stations, permitting only one full- time station in any city, and limiting the number of stations licensed to a national network. NBC defined the practices and policies it follows on talent manage- ment operations. The network as- serted its right to manage talent and have performers under contract. As evidence of the fact that the perform- ers do not find this objectionable, NBC cited its agreements with talent labor unions, none of which contains any objection to network talent man- agement. The fact that the American Federation of Musicians will not permit a broadcaster to manage a band, however, is not mentioned in the brief. 'Wind* Is Strong in Baltimore, $22,000 Baltimore, Feb. 2. — Heavy snow and bad weather hurt business for two or three days, but a strong start helped keep grosses at good levels. "Gone With the Wind" took $22,000 at the Century. Estimated takings for the week end- ing Jan. 30 : "Gone With the Wind" (M-G-M) CENTURY — (3.000) (40c-55c) 7 days. Gross: $22,000. (Average, $10,000) "Road Show" (U. A.) KEITH'S— (2.406) (15c-28c-33c-44c) 7 days. Gross: $9,500. (Average, $9,000) "Girl in the News" (20th-Fox) NEW— (1.581) (15c-28c-35c-55c) 7 days. Gross: $8,000. (Average, $7,000) "Santa Fe Trail" (W. B.) STANLEY— (3.280) (15c-2Sc-39c-44c-55c) 7 days. Gross: $18,500. (Average. $12,000) "This Thing Called Love" (Col.) HIPPODROME - (2,205) (15c-28c-39c-44c- 55c-66c) 7 days. On stage, variety bill of five acts topped by Hennv Youngman. Gross: $18,000. (Average, $14,000) Allied in Support Of Government Bid To 'Police' Decree # (Continued from page 1) the Department and litigation, if necessary, for the same ends cited by Myers. It is, however, in con- trast with the attitude of M.P.T.O.A. which recently called the "stirring up of complaints and grievances' "strange sort of cooperation for hibitors to offer." The bulletin iterated an earlier organization state- ment that neither the cooperation nor the participation of exhibitors in the consent decree is required. In another part of the report, how- ever, Myers qualifies his admonition with the following: "Care must be taken that such cooperation (with the Government) is reasonably confined to those matters in which the exhibitors have a discernible interest. It should not extend to the perpetuation of any provisions of the decree to which a majority is opposed." Myers cautions regional Allied units of the possible invalidity of state legislation as advocated by Northwest Allied recently, designed to set aside the decree's block-of-five sales pro- vision within state boundaries. He also warns exhibitors to organize to combat new tax measures within states and advises them that Congress "definitely is eyeing the movies" in its quest for additional revenue. Congress Probe Of Radio Looming Washington, Feb. 2. — Demand for a Congressional investigation of Broadcasting will be renewed after the emergency legislation of the cur- rent session has been disposed of, it was disclosed Friday by Representa- tive Lawrence J. Connery. Expressing disappointment that the House approved the FCC appropria- tion without investigation of the com- mission's activities, Connery declared that both House and Senate have re- ceived sufficient evidence to justify in- quiry into alleged monopolistic con- ditions and the illegal activities of those having relations with the com- mission. The Congressmen cited the current Ascap-BMI controversy as a "demon- stration" of the strangle hold which a few men in New York hold over the broadcasting industry. Hemisphere Radio Pact Delays Ended Washington, Feb. 2.— The FCC and State Department announced over the weekend that all technical difficulties have been ironed out in con- nection with new frequency allocations under the North American Regional Broad- casting Agreement, paving the way for the general re- organization of radio stations when the pact become effec- tive March 29. FCC officials stated that 795 of the 833 standard stations would have to shift frequencies under the pact. MOTION PICTURE DAILY and Impartial vol. 49. NO. 22 NEW YORK, U. S. A., FRIDAY, JANUARY 31, 1941 TEN CENTS Decree Won't Change Basis Of Operations Sidney Kent So Declares In Outlining Views There will be no overloading of 20th Century-Fox's studio facilities for the purpose of accumulating a backlog of pic- tures for the market at the start of the 1941-'42 selling season under the provisions of the consent decree. Neither is there to be an expansion of sales staff per- sonnel in antici- pation of new conditions, Sid- ney R. Kent, president, de- clares in a Hol- lywood inter- view published today in Motion Pic- hire Herald. Kent concluded 10 days of studio conferences with company executives last weekend and is now on his way here. Instead of overloading, there is to be instead a continuance of "fluid thinking with respect to all aspects of the coming changes," Kent says, in outlining the company attitude to- ward formation of a 1941-'42 policy. He adds, "We have been canvassing the probabilities and possibilities fully from every angle, keeping our de- cisions at a minimum for the present, (Continued on page 4) Sidney Kent Leave Here Today For Miami Opening A group of Universal executives, New York press and syndicate writ- ers and film trade press representatives will leave today and tomorrow for Miami for a week's round of activi- ties to be climaxed by the premiere of "Back Street" at the Lincoln and Cameo Theatres, Miami Beach, Tues- day night. Leaving today from Pennsylvania Station will be the following Uni- versal home office executives: Charles D. Prutzman, vice-president and gen- eral counsel; Matthew Fox, vice- president, and Samuel Machnovitch, treasurer. Trade press representatives leaving for Miami by train today are: Sam (Continued on page 4) Warners Resume Preferred Dividend Warners' board of directors at a special meeting yester- day resumed payment of di- vidends on the preferred stock with the declaration of the current dividend of 9614 cents per share. The last dividend paid on preferred stock was on March 1, 1932. The current dividend will be paid March 1 to stockholders of record at the close of bus- iness Feb. 14. Schools' Recess Boosts Broadway; 'Handsome' Leads School children, enjoying a few days' recess between semesters, swarmed to Broadway first run at- tractions, giving their heaviest patro- nage to houses with stage shows. Snow and freezing weather hit the box-office over the weekend but it picked up on Monday and continued big thereafter. "Tall, Dark and Handsome" with a stage show rolled up a huge gross of an estimated $55,000 at the Roxy and started its second week yester- day despite the fact that it was orig- inally booked for only one week. The opening of "Western Union" was ac- cordingly delayed until next Thurs- day. At the Capitol, "Gone With the Wind" which returned for a popular (Continued on page 4) FEW ARBITRATION COMPLAINTS SEEN Callow, Wheeler Capture Quigley Awards for 1940 Everett C. Callow, advertising chief for Warner Theatres in Phila- delphia, and J. R. Wheeler, manager of the Balaban & Katz Granada Theatre in South Bend, I n d . , were named the win- ners of the Sil- ver and Bronze Quigley Grand Awards for 1940 in the sev- enth annual competition con- ducted . by the Managers Round Table of Motion Pic- ture Herald. The winners were selected on Tuesday of this week by some 50 film executives at the judging in the exploitation competi- tion at the Hotel Astor. Ranking executives in distribution, advertising and circuit operation participated in the judging, and were luncheon guests of Martin Quigley. A-Mike Vogel is chairman of the Round Table. The winners will be taken to Holly- (Continued on page 4) 31 Local Boards Begin Operating Tomorrow; Panels Ready Soon E. C. Callow Montreal Theatres Alert For Blackout Experiment Montreal, Jan. 30. — The war has come closer than ever to Canadian exhibitors, especially this city, con- sidered the nerve center of the Do- minion. The Province of Quebec, giving serious consideration to the matter of protection, has made virtu- ally all arrangements, save the date and hour, fo>- Montreal's first "black- out." An announcement here by the head of the local Civil Protection Com- mittee makes it positive that Ca- nadian cities will attempt practical Experiments in air-raid precaution, including the "blackout," and local exhibitors are on the alert. Deputy Director of Police Charles Barnes, who also is head of the Pro- tection Committee, has concluded that the time has come to prepare Mon- treal for protective measures against raids from the air. Montreal is a city usually ablaze with commercial light, with merchant neon signs and brilliantly illuminated theatre marquees. The power com- pany executives have pointed out that a "blackout" consists not only in pulling a main switch, but in the co- oDeration of all citizens. Much of the success of the "blackout" depends upon the willingness of users of elec- tric advertising signs to turn off their lights, since much power must be left on for other purposes than light- ing. Local managers of theatres have been careful about even guessing how a "blackout" will affect business. Very few exhibitor complaints will be filed for arbitration when the 31 local boards open officially in as many key cities tomorrow, according to ex- pectations of the American Arbitration Association. The boards will be in condi- tion immediately upon opening to receive and file complaints, however, A.A.A. headquarters stated. Clerks for each of the boards will be on duty early tomorrow and the offices will be functioning full time there- after. A. A. A. estimates yesterday were that "about five or six" complaints will be filed by Monday night and "not more than 12" by the end of the boards' first week of operation. Panels of arbitrators for the boards will be completed and made public next week. The prescribed arbitration procedure under the consent decree re- quires 17 days between the filing of a complaint and the begininng of hear- ings. This is the explanation of the incomplete status of the local board panels on the eve of the opening of the boards. The earliest possible hearing of a complaint, requiring the services of arbitrators, could not be held before Feb. 17, even though the complaint was filed within a minute following the opening of the first local board tomorrow morning. The A.A.A.'s explanation of its low estimate of exhibitor complaints await- ing filing is the decree's limitations on the type of complaint which can be made at this time. Only five "causes of action" are recognized by the decree as subject to arbitration at (Continued on page A) Whalen Resigns as Republic' 's Ad Head David B. Whalen, director of ad- vertising and publicity for Republic, has resigned, effective today. No successor has been named as yet Whal en will determine his future plans next week. Whalen joined Republic in Jan- uary, 1938, handling publicity for the company in New England, with head- quarters in Boston. In September, 1938, he was transferred to the home office, where he was successively pressbook editor and exploitation man- ager. In September, 1939, he was named advertising and publicity di- rector. 2 Motion Picture daily Friday, January 31, 1941 Personal Mention Newsreel Dozen New Plays to Open in February Approximately a dozen new plays will see the light of day along Broad- way during the month of February, with many of them affording Holly- wood players their periodical fling behind the footlights. First of the new offerings is "Tan- yard Street" by Louis D'Alton, sched- uled to make its initial appearance Feb. 4 at the Little with a cast in- cluding Barry Fitzgerald, Margo, Aideen O'Connor, Arthur Shields, Lloyd Gough and Art Smith. John Beal and Nancy Coleman share the lead in Philip Barry's "Lib- erty Jones," which opens Feb. 5 at the Shubert, while Helen Twelve- trees and Taylor Holmes have the principal assignments in the Jacques Deval melodrama, "Boudoir," which arrives the following day, Feb. 6. The latter opening is tentatively set for the Golden. Ina Claire and Philip Merivale will co-star in "The Talley Method," a comedy by S. N. Behrman, which is due about Feb. 15 at Henry Miller's. Al Shean and Sylvia Field are in "Popsy," slated for the Playhouse Feb. 10. Frances Starr, Donald Cook, Dorothy McGuire, Olga Baclanova and John Williams will appear in "Claudia," a comedy which is ex- pected to be presented about the mid- dle of the month. New plays which will open subse- quently, and whose casts have not yet been definitely chosen, include : "Five Alarm Waltz," by Miss L. S. Prumbs ; "Song Before Breakfast," by Zoe Akins ; "Widows Without Weeds," by Laura Walker, and a comedy by Howard Robert Newman and Beatrice Alliot. Another possible entry later in the month is "Bundles from Britain," a comedy by Arthur Jarrett and Marcel Klauber. Bernhard Will Be Speaker at Ampa Joseph Bernhard, general manager of Warner Theatres, will be honor guest and chief speaker at the next regular luncheon meeting of the Ampa next Thursday at the Hotel Edison. Mort Blumenstock, head of Warner advertising and publicity in the East, will introduce Bernhard, and Leon Bamberger will preside. RESTAURANTS 1626 BROADWAY 1655 (Next to the (51st Street Rivoll Theatre) Corner) For over 20 years the luncheon and dinner place for Motion Picture People Sole agents In New York for FAMOUS BLUM'S ALMONDETTES from San Francisco, California JOSEPH M. SCHENCK, chair- man of the board of 20th Century-Fox, is expected here from the Coast today by train. Joseph Bernhard, William Orr, George Skouras, William F. Rodg- ers, Maurice Bergman, Charles M. Reagan, Max Dreyfus, George Weltner, Sol Bornstein and Harry Kaufman lunching yesterday at Nick's Hunting Room in the Astor. • Arthur Lee, William Rowland, Irving Wormser, Sam Citron, Walter Futter, Henry Jaffe, Jef- frey Bernerd, Harry Thomas, Charles Paine and Leon Leven- thal at the Tavern yesterday for lunch. • Harry Buckley, Arthur Silver- stone, Edward Peskay, Eugene Picker and Marvin Schenck lunch- ing yesterday at Lindy's (next to the Rivoli). Stanton Griffis, Barney Bala- ban, Austin Keough, Adolph Zukor, Robert Weitman, Alec Moss, Claire Booth, Otto Prem- inger, Arthr Loew, David Loew, William Fadiman, Luther Adler, Frank Phelps and Clayton Bond having lunch at Sardi's yesterday. 'Little 3' Dismissal Hearing on Feb. 17 Federal Judge Henry W. Goddard yesterday set Feb. 17 for hearing of motions to dismiss the Government's amended anti-trust complaint against Universal, United Artists and Colum- bia in U. S. District court here. Pending the outcome of the hear- ing, the time for the three defendants to file answers to the amended com- plaint has been extended by the court from next Tuesday, when they were originally slated to be filed, to a date to be set by the court later. The postponement of the hearing was granted by Judge Goddard in line with his earlier statement that post- ponements would be granted in the New York suit if the Government engaged the defendants simultaneously in its Oklahoma City, Nashville and Buffalo suits. A hearing is sched- uled to be held in Federal court at Oklahoma City today on United Artists motion to dismiss the Govern- ment's amended complaint there. Edward C. Raftery is arguing the motion. It is expected that the court will reserve decision. Silver's Father Dies I. H. Silver, 80, father of Milton Silver, advertising manager of Na- tional Screen Service, died yesterday morning at Flushing Hospital, after a brief illness. He is survived by his widow and four daughters in ad- dition to the N.S.S. executive. Funeral services will be held on Sunday. Options Taken Up Hollywood, Jan. 30. — RKO has ex- ercised options on the services of Irving Reis, director, and Kent Tay- lor, player. NEIL F. AGNEW, vice-president in charge of distribution for Paramount, is due back at the home office from Toronto today. Lou Levy has returned to New York from the Coast. • Wilma Freeman, in charge of promotion at Warners' home office publicity department, is recuperating at home from the effects of a broken foot. • Howard E. McAllister, projec- tionist at Warners' Ohio Theatre at Mansfield, before being called to ac- tive duty with the Naval Reserve, is serving at radio operator on Hum- phreys, a destroyer. • Byron J. McElligott, manager of Minnesota Amusement's three thea- tres in Aberdeen, S. D., has been elected president of the Aberdeen Civic Association. • Lewen Pizor, president of the United M.P.T.O. of Eastern Penn- sylvania, is ill in a hospital in Phila- delphia. • Clarence Eiseman, J. J. Milstein, Martin Moskowitz, Hal Horne, Jack Goetz and Arthur Gottlieb at Lindy's (51st St.) for lunch yester- day. Keough En Route to Meeting in Panama Austin C. Keough, Paramount vice- president and general counsel, is en route to Panama to attend the com- pany's sales meeting there for its Latin American representatives, Feb. 6 to 8. John W. Hicks, vice-president and foreign manager, will preside at the meeting and the following managers will attend: Arthur Pratchett, Cen- tral American manager ; John B. Na- than, Argentina; Benito del Villar, Chile ; Peru and Bolivia ; S. E. Pier- point, Brazil ; Robert L. Graham, Mexico ; J. D. Rapoport, Cuba ; Henry Gordon, assistant to Pratchett; Juan Oliver, Uruguay; J. P. Donohue, Puerto Rico ; Alvaro Reyes, Colom- bia ; Mrs. T. Andrews, Guatemala ; Pedro Germano, Sao Paulo, Brazil ; Lazarus Constantine, Trinidad, and Larry O'Toole, assistant manager for Central America. Hicks is due back in New York Feb. 18. Mills Names Ramm As Promotion Chief Bernard H. Mills, general sales manager of Equity Film Exchanges, Inc., has appointed Louis E. Ramm, formerly with the United Artists ex- ploitation staff, as sales promotion manager and advertising director. Charles Penzer has joined the sales staff of Equity Exchanges, and will assist Mills in the Greater New York territory. To Honor Leon Levy Philadelphia, Jan. 30— Dr. Leon Levy, chief barker of the local Variety Club, will be guest of honor at a formal dinner dance to be held Feb. 8 in the clubrooms at the Bellevue- Stratford Hotel. Parade J~\EFENSE and war items and the -D President receiving a birthday cake are featured in all the reels. Sports likewise are given considerable attention. The contents follozv: MOVIETONE NEWS, No. 42— British ships off Australia. Dublin bombed. Mobile defense guns in England. JjSt. fighters in England. March of Df^Ef' Roosevelt receives a birthday Churchill reviews guard unit. KTIfg Haakon with seamen. Greek Princess at military hospital. Indianapolis factory fills defense orders. Submarine launched in California. Fashions in neck wear. Row- ing at Washington University. Bathing beauties in Florida. Miami night water sports. NEWS OF THE DAY, No. 240-British guns set for invasion. Greece hails vic- tories. Air engine output speeded. Sub- marine launched. President gets a birth- day cake. Hat fashions. Oarsmen in training. Water sports at Miami night club. PARAMOUNT NEWS, No. 45— Largest aquaplane in Miami. Rowing practice at University of Washington. Fishing on Michigan ice. Roosevelt's birthday cake. Blizzard in California. Metaxas dies. Hearst art on sale. Lend-lease bill de- bated. "Bundles for Britain" drive here. Defense work investigated by Army here. RKO PATHE NEWS, No. 45— Roosevelt and a birthday cake. Mine sweepers clear Australian coast. Hearst art for sale. English girls train for war jobs. Texas quadruplets have a birthday. Speed pro- duction of air engines. Gold tournament in California. Oarsmen in workouts. Blizzard in California. Giant aquaplane in Miami. UNIVERSAL NEWSREEL, No. 950- Birthday cake for Roosevelt. Submarine launched. Rush plane engines for Britain. Massachusetts carpenter rewarded for soil conservation. Art treasures for sale. Ice fishing in Michigan. Hat styles. Swim- ming in Florida. Rowing champs in prac- tice. Biggest aquaplane. Golf tournament. Coyle Signs With Producers Releasing Hollywood, Jan. 30. — John T. Coyle, who produced "The Great Commandment," an Independent pro- duction purchased by 20th Century- Fox, today joined Producers Releas- ing Corp. as a producer. His first picture will be "Federal Fugitives." O. H. Briggs, P.R.C. president, is scheduled to arrive here Sunday on his first trip since assuming his new post. Briggs will be tendered a "Red Apple Polishing Party" Feb. 7 by employes and associates. MOTION PICTURE DAILY (Registered U. S. Patent Office) Published daily except Saturday, Sunday and holidays by Quigley Publishing Company, Inc., 1270 Sixth Avenue, Rockefeller Center, New York City. Telephone Circle 7-3100. Cable address, "Quigpubco, New York." Mar- tin Quigley, Editor-in-Chief and Publisher; Colvin Brown, Vice-President and General Manager; Watterson R. Rothacker. Vice- President; Sam Shain, Editor; Alfred L. Finestone, Managing Editor; James A. Cron, Advertising Manager; Chicago Bureau. 624 South Michigan Avenue, C. B. O'Neill. Manager; Hollywood Bureau, Postal Union Life Building, William R. Weaver, Editor; London Bureau, 4 Golden Square, London Wl, Hope Williams, Manager, cable address "Quigpubco, London." All contents copy- righted 1941 by Quigley Publishing Com- pany, Inc. Other Quigley publications: Motion Picture Herald, Better Theatres, International Motion Picture Almanac and Fame. Entered as second class matter, Sept. 23, 1938, at the post office at New York. N. Y., under the act of March 3, 1879. Subscription rates per year $6 in the Americas and $12 foreign. Single copies 10c. She found Heaven in the Arms of a Devil! starring BASIL ELLEN JOHN RATHBONE DREW HOWARD Barbara Allen v(avge;°e) • Ralph Morgan Directed by TIM WHELAN Screen Plav bv Howard J. Green 4 Motion Picture Daily Friday, January 31, 1941 Few Arbitration Complaints Seen; Boards Set to Open Decree Won't Change Basis Of Operations (Continued from page 1) and have scheduled another series of discussions for the last week in March." It is possible, says Kent, that under the consent decree provisions there may be some need of a few addi- tional men at the start of the new season, probably abating as the new processes settle into routine. Kent declares, "We believe there is a rightful place and a genuine need for good little pictures, as well as good big pictures, as our experience with the Charlie Chan series has demonstrated, and we are not going to delude others into thinking we're not going to find some of our big pictures be- coming little pictures, whether we like it or not, in point of business value at the box office." No reduction in double billing as the result of the application of decree terms is forseen by Kent, except as might occur incidentally from in- creased costs of operation without a proportionate increase in box-office revenue. This latter contingency, ac- cording to Kent, may result in com- panies being compelled to limit their schedules to fewer pictures per season, which in turn, may limit dual bills because of scarcity of product. The 20th Century-Fox president be- lieves that traveling costs will mount because of the necessity of bringing the product outside exchange centers but there will also be a decentraliza- tion of sales responsibility to permit district and branch managers greater leeway in setting terms. The number of pictures the company will offer during 1941-'42 has not been decided and it may be altered from time to time during the season itself. "We are entering upon new and unknown ground," Kent points out, "and we want, naturally, to maintain a posi- tion from which we can move in any direction to our own and the industry's advantage." Kent says only one deal, a two- picture contract with Howard Hughes, had been made whereby outside pro- duction units would contribute films to be released by his company. He declares another such deal may be concluded shortly if negotiations ter- minate satisfactorily but would not disclose the name of the producer. 'There is no point, generally speaking, inacquiring from outside sources any- thing which we can produce on our own lot," Kent says. "We have our niche and we know what it is and we intend to stay in it." Kent discounts the theory that a company which enters the period of the consent decree with a backlog of 20 to 30 pictures woujd be at a com- petitive advantage. Only a small por- tion of entertainment films will survive storage without loss of audience value, exploitability, player value, or all three, he explains. Kent adds that the competition among producers for players made maintenance of a normal schedule difficult, and that (Continued from page 1) this time. They are : forcing of shorts, newsreels, westerns, trailers, serials or foreigns; refusal to license for "some run" ; clearance disputes ; can- cellation on moral, religious or racial grounds, and withholding delivery of prints to give a competing exhibitor a prior playing date not provided in his license. Of these causes of action, only cancellation and the with- holding of prints can be affect- ed by an arbitration award handed down prior to next Sept. 1. Since the decree is not retroactive and cannot disturb existing contracts and their terms, arbitration awards in the other causes would be of no immediate significance. CEA Concerned at English Film Drop London, Jan. 30. — The Cinemato- graph Exhibitors Association has ex- pressed extreme concern to the British Board of Trade over the marked drop in English production figures, pointing out that for the first quarter of the exhibitors' quota year, ended in De- cember, only 10 British films were reg- istered. The exhibitors have contended to the Board of Trade that it is im- practicable to meet the existing quota percentages under the circumstances, and the suggestion is implied to the Government agency that it should con- sider an adjustment of quota figures for the coming year. Rowland to Be Guest Cincinnati, Jan. 30. — Richard Rowland, producer of "Cheers for Miss Bishop," will stop here tomor- row en route from New York to Hollywood. While here he will be guest at a press luncheon at the Netherland Plaza and his picture will be trade shown at the Forest Neigh- borhood Theatre tomorrow afternoon. trebling of its output to build up a backlog without sacrifice of quality was impracticable. The 20th Century-Fox president agrees that new faces capable of at- tracting good sized business to the box-office would be a big help to the industry in this situation but Kent also inquires where the new faces are to be found. 20th-Fox to Continue Policy Talks Here, Says Schenck Chicago, Jan. 30. — Determination of future policies will be discussed further in New York, Joseph M. Schenck, 20th Century-Fox chairman of the board, stated today as he passed through here enroute East from the Coast. Schenck said he believed the con- sent decree would be beneficial to the industry because the exhibitor will be able "to buy the product he knows will bring business into the theatre." He added that no selection of a theatre or city had been made for the pre- miere of "Tobacco Road." Schenck was accompanied by John Keller. Clearance and run complaints, ar- bitrated between now and Sept. 1, when the decree becomes effective, would be of dubious value in the mean- time, since, before they became en- forceable, the exhibition situation in- volved might change to a degree which would invalidate the prior award, and require another arbitra- tion proceeding after Sept. 1. Awards involving "forcing" complaints would be of dubious value now and, undoubt- edly, in the case of meritorious com- plaints, could be adjusted equally as well by direct negotiation with the distributor involved. The A.A.A. expects that no real test of the arbitration machinery will be made until new season selling for decree operations is begun by the five consenting companies next Summer. Callow, Wheeler Capture Quigley Awards for 1940 (Continued from page 1) wood shortly as guests of Quigley Publications, escorted by Vogel. There they will receive their honors at a luncheon to be attended by produc- tion executives, stars and directors, and be variously entertained at the studios and Hollywood functions, as has been done in the past. The awards competition was estab- lished by the Round Table in 1934. Eligible in the 1940 competition for the Grand Awards were the campaigns of those who won places in the Quarterly competition conducted throughout the year by the Round Table. Callow, Silver Plaque winner, cap- tured a plaque in each of the four quarters of 1940. He has been a contributor to the Round Table for many years, and has been one of its most active members. Wheeler's record in the annual quarterly competition also was im- posing. Prior to his association with B & K, during part of 1940 he was active with Alex Manta's Indiana- Illinois Circuit in Chicago and La- Porte, Ind. He won three plaques and one medal during the course of the year. During 1940, entries again were judged on the basis of single ideas and promotions, rather than on entire campaigns as was done prior to 1939. 'Parade,' 'Heaven* Big Mexican Draw Mexico City, Jan. 30. — Two Ameri- can pictures which are enjoying out- standing business at the box-office here are "Spring Parade" and "All This and Heaven Too." "Spring Parade" played to capacity business at the Cine Palacio Chino, first run, and did even better in three weeks at the Cine Colonial. A record continuous run is in pros- pect for "All This and Heaven Too," which is now in its fifth consecutive week at the small Cine Rex, first run house. "Rebecca" held the previous record, of four successive weeks. Loew's Collection $34,000 in Dimes The Loew Circuit reports a total of $34,000 collected from patron contributions to the "March of Dimes" fund in the drive on infantile paralysis. All Loew New York houses ran a "thank you" trailer in connection with the theatre drive. Leave Here Toda For Miami Opening (Continued from page 1) Shain, Don Mersereau, A-Mike Vogel, Pete Harrison, Charles E. Le\vi>. Maurice Kann. Joining this train in Philadelphia will be Jay Eman- uel and Mo Wax. Marion Orford of Universal's publicity department will accompany the group on the train. Representing the New York press will be: William Boehnel, World Telegram; Cecilia Ager, PM ; Rose Pelswick, Journal- American; Eileen Creelman, New York Sim; and Ken- neth McCaleb, Swvday Mirror. Har- old W. Cohen of the Pittsburgh Post- Gazette and George L. David of the Rochester Democrat-Chronicle will join this group. The following Universal executives and press representatives will fly to Miami tomorrow : Frank J. A. McCarthy, Eastern sales manager; W. J. Heineman. Western sales manager; Marion Young of N.E.A. ; Robert Meusel of United Press ; Harold Conrad, Brook- lyn Eagle; Edgar S. VanOlinda, Al- bany Times Union; C. R. Roseberry, Albany Knickerbocker News and Ju- lian Tuthill of the Hartford Times. Ruth Morrow of Universal's publicity department will accompany this group. With the Lincoln Theatre sold out. a week ahead of opening, tickets are now being sold for the Cameo The- atre and the Surf Theatre is being held in readiness as a third house. Schools' Recess Boosts Broadway (Continued from page 1) price run, drew an estimated $50,000 for its first week and is held. Total number of paid admissions exceeded those of the first week of the original run, it was reported. "High Sierra" with Henry Busse's band on the stage, garnered an esti- mated $38,000 at the Strand and was held over. Still strong in its fifth week at the Music Hall, "The Phila- delphia Story^' with a stage show at- tracted an estimated $83,000 and started its sixth week yesterday. At the Paramount, "Virginia" with Glenn Miller's band on the stage grossed an estimated $16,000 for the first two days. "Pride of the Bowery" brought an estimated $6,500 for the week at the Rialto and will be followed this morning by "Saint in Palm Springs." 20th-Fox Signs O'Brien Hollywood, Jan. 30. — Pat O'Brien was signed to a contract today calling for two pictures a year by 20th Century-Fox. O'Brien also has a commitment with Columbia calling for three annually. Starring 3ERALDINE FITZGERALD of "Dark Victory" THOMAS MITCHELL of "Gone With The Wind" JEFFREY LYNN of "All This, And Heaven Too" JAMES STEPHENSON of "The Letter" Mona Maris • Jonathan Hale Directed by VINCENT SHERMAN Screen Play by Barry Trivers From a Story by Anthony Berkeley A Warner Bros.- First National Picture to x *l H O Dates Are Based on National Release Schedules and Are Subject to Change. This Chart Is Revised Weekly. Letters in Parentheses After Titles Denote the Following: (D) Drama, (M) Musical, (C) Comedy, (0) Outdoor Action. Production Numbers Follow Titles. WARNERS Four Mothers (D) 503 Lane Sisters Jeffrey Lynn Case of the Black Parrot (D) 572 Wm. Lundigan Honeymoon for Three (C) 510 George Brent Ann Sheridan High Sierra (D) 556 H. Bogart Ida Lupino Father's Son (D) 520 John Litel F. Inescort Flight from Destiny (D) T. Mitchell Jeffrey Lynn Great Mr. Nobody (C) Eddie Albert Joan Leslie Strawberry Blonde (D) James Cagney O. De Havilland UNIVERSAL Where Did You Get That Girl (D) Lucky Devils (D) 5023 San Francisco Docks (D) Burgess Meredith Irene Hervey Six Lessons from Madame LaZonga (M) Lupe Veles Buck Privates (C) Abbott-Costello Andrew Sisters Back Street (D) Charles Boyer M. Sullavan Meet the Chump (C) Hugh Herbert Jeanne Kelly Nice Girl (D) Deanna Durbin Franchot Tone Dark Streets of Cairo (D) Ralph Byrd Sigrid Gurie Mr. Dynamite (D) Lloyd Nolan Irene Hervey Model Wife (C) Joan Blondell Dick Powell < Son of Monte Cristo (D) Joan Bennett Louis Haywood Road Show (C) Adolphe Menjou Carole Landis So Ends Our Night (D) Fredric March M. Sullavan 20TH-FOX Hudson's Bay (D) 115 Paul Muni Virginia Field Michael Shane, Private Detective (D) Lloyd Nolan Romance of the Rio Grande (O) 125 Cesar Romero Tall, Dark and Handsome (C) 128 Cesar Romero Girl in the News (D) 127 Valerie Hobson B. K. Barnes Ride, Kelly Ride (C) 129 E. Pallctte Golden Hoofs (C) 130 Jane Withers Buddy Rogers Western Union (D) 126 Scott-Jagger Robert Young Scotland Yard (D) 131 John Loder Nancy Kelly Tobacco Road (D) C. Grapewin Gene Tierney Murder Among Friends (D) M. Weaver John Hubbard ^ -i: fa 4) C * RKO RADIO Convoy (D) 161 Clive Brook John Clements Little Men (D) 110 Kay Francis Jack Oakie Let's Make Music (D) 115 Bob Crosby Jean Rogers Saint in Palm Springs (D) 116 George Sanders Wendy Barrie Mr. and Mrs. Smith (C) 117 Carole Lombard R. Montgomery Along the Rio Grande (O) 183 Tim Holt Ray Whitley Play Girl (D) 121 Kay Francis James Ellison Scattergood Baines (D) 123 Guy Kibbee Dink Trout Citizen Kane (D) 118 Orson Welles A Girl, A Gob and A Guy (C) George Murphy Lucille Ball They Met in Argentina (D) 128 Maureen O'Hara Gene Raymond Footlight Fever (D) 119 Alan Mowbray REPUBLIC Wyoming Wildcat (O) 074 Don "Red" Barry Robin Hood of the Pecos (O) 054 Roy Rogers Ridin' On a Rainbow (O) Gene Autry Smiley Burnette Arkansas Judge (C) The Weavers Roy Rogers Petticoat Politics (C) Iliggins Family Bad Man from Rio (O) Don "Red" Barry V. Carroll Prairie Pioneers (O) 3 Mesquiteers Citadel of Crime (D) John Wayne Frances Dee PARA. Second Chorus (C) 4014 Fred Astaire Paulette Goddard Doomed Caravan (O) Bill Boyd Russell Hayden Victory (D) 4015 Fredric March Betty Field Aldrich Family in Life with Henry (C) Jackie Cooper You're the One (M) Bonnie Baker Orrin Tucker The Mad Doctor (D) B. Rathbone Ellen Drew Virginia (O) F. MacMurray M. Carroll In Old Colorado (O) William Boyd Russell Hayden The Hard-Boiled Canary (M) Allan Jones S. Foster The Lady Eve (C) B. Stanwyck MONOGRAM Rolling Home to Texas (O) Tex Ritter Trail of the Silver Spurs (O) Range Busters Dead Man's Shoes (D) W. Lawson Leslie Banks You're Out of Luck (D) Frankie Darro M. Moreland Ridin' the Cherokee Trail (O) Tex Ritter Air Devils (D) Leo Gorcey Bobby Jordan Sign of the Wolf (D) M-G-M Flight Command (D) 117 Robert Taylor Ruth Hussey Maisie Was a Lady (C) Ann Sothern Lew Ayres Philadelphia Story (C) 119 Grant-Hepburn James Stewart Wild Man of Borneo (C) Land of Liberty (D) Come Live With Me (C) James Stewart Hedy Lamarr Blonde Inspiration (C) John Shelton Virginia Grey The Bad Man (O) Wallace Beery L. Barrymore Trial of Mary Andrews (D) Robert Young Laraine Day Andy Hardy's Private Secretary (C) Rooney-Stone COLUMBIA This Thing Called Love (C) Wildcat of Tucson (O) Pinto Kid (O) Chas. Starrett Louise Currie Face Behind the Mask (D) Peter Lorre Evelyn Keyes The Devil Commands (D) Boris Karloff Amanda Duff Across the Sierras (O) Bill Elliott L. Walters Adam Had Four Sons (D) Meet Boston Blackie (D) Blondies Goes Latin (C) Outlaw of the Panhandle (O) 1 * o i ^ « -> fa _« tH fa i-i fa ^ i ^ Friday, January 31, 1941 Motion Picture daily 7 Theatre Changes Switeh Wis. Managers West Allis, Wis., Jan. 30.— Joe Klauzer is succeeded as manager at Fox's Paradise here by Charles Hacker.. Klauzer has been trans- ferred to the circuit's Sherman, Manages Wisconsin House — -Lukauna, Wis., Jan. 30. — Walter ..^c, projectionist at the Rialto thea- tre here since its opening, has been transferred to Kiel as manager of the house there. Francis Biselx, former Rialto employe, returns here as pro- jectionist. Both are Eskin houses. Schines Move Curtis Syracuse, Jan. 30. — Gene Curtis, formerly at Schine's Paramount here, has been transferred to the Strand, and also will manage the Empire, both houses recently taken over by the Schine circuit. Jack Flex has replaced Curtis at the Strand. Build in East Hartford East Hartford, Conn., Jan. 30. — Peter Perakos and Joseph Quittner will build a 1,000-seat house here. The Astor is the only house oper- ating at present. Buys House in Buffalo Buffalo, Jan. 30. — Irving Cohen, who owns two theatres in Hornell and one in Corning, N. Y., has pur- chased the Allendale, West Side com- munity theatre here. Arthur Mich- aels operated the house for 12 years. Rosenthal Buys Theatre Indianapolis, Jan. 30. — William Rosenthal has purchased the Irving here, a de luxe neighborhood house. Charles Doades continues as manager. Rosenthal is former U. A. branch manager in Indianapolis. Renovate in New Orleans New Orleans, Jan. 30. — The Ritz Theatre, owned by the Iberville Amusement Co., is being renovated. Mississippi House Opens Greenville, Miss., Jan. 30. — A new theatre, operated by Robert O. Sigler and W. A. Prewitt, Jr., opened here recently. Acquires Two in Columbus Columbus, O., Jan. 30. — Louis Weithe, who operates the Bond, Westwood and Roselawn, Cincinnati suburbans, the Kentucky, at Latonia, and is building a new house at Louis- ville, has taken over the Cleve and Beechwold, neighborhood units of the local circuit operated by the late Clarence A. MacDonald. Opens Missouri House Kansas City, Jan. 30. — A new theatre, seating 300, has been opened at Memphis, Miss., by Alice John- son. The house has been named the Memphis. Managing Atlanta Theatre Atlanta, Jan. 30— Jack Hodges, formerly publicity director for the Roxy, but who has been manager of the Techwood Theatre since Lucas and Jenkins purchased the lease on the Roxy last December, has been named manager of the Roxy and Ed Shepard has been moved to the Tech- wood. Sees Mexico-Spain Tie As Aid to Films Mexico City, Jan, 30.— Gabriel Soria, one of the most noted of Mexican direc- tors, has addressed an open letter, in the form of a page newspaper advertisement, to President Manuel Camacho, urging him to resume diplo- matic relations with Spain, as a valuable step for Mex- ico and for its film industry. Wilmington Picket Ban Is Reversed Dover, Del., Jan. 30.— The Dela- ware State Supreme Court here to- day reversed the decision of Chancel- lor W. W. Harrington of Chancery court which had enjoined the Motion Picture Projectionists' Protective Union and individuals from picketing the Rialto Theatre, Wilmington in- dependent house. Pickets were removed from the the- atre about two years ago by the Chan- cellors' decision. The Supreme Court decision today held that a "bona fide labor dispute existed and there was justification for concerted action." Five judges concurred, Chief Justice Daniel J. Layton, Judges Richard S. Rodney, Frank L. Speakman, Charles S. Richards and Charles L. Terry, Jr. The lower court decision held that the picketing by the union was for improper purpose and intended for boycott. The point of contention between the theatre and the union was the number of union projectionists to be held on duty. P.R.C. to Release Historical Shorts Producers Releasing Corp. has closed contracts for the distribution of a series of eight two-reel subjects on American history, produced for Aca- demic Film Co. by Max and Arthur Alexander, and written and directed by G. A. Durlam. Milton J. Salzburg and Harold Baumstone are associate producers and Charles Henkel is edi- tor. The subjects include: "Our Consti- tution," "Our Bill of Rights," "Our Declaration of Independence," "Our Monroe Doctrine," "Our Louisiana Purchase," "Our Mis'souri Compro- mise," "Our Annexation of Texas" and "Our Ordinance of 1787." Omaha Union Elects Mclntype President Omaha, Jan. 30. — R. L. Mclntyre of the Orpheum, is president of Local 343, of the I.A.T.S.E., for 1941 and Howard Jackson, Omaha, is business agent, as all officers were reelected at the annual balloting. Other officers are Alvin Kostlan, Brandeis. first vice-president ; Shep Owens, Benson, second vice-president ; Glenn Jordan, Muller, financial secre- tary; Baird Loomis, Brandeis, trea- surer ; Clyde Cooley, recording sec- retary. Circuit Net $110,197 Cleveland Theatres, Inc., has re- ported net income before Federal in- come taxes of $110,197 for the year ended Aug. 31, last. 'Liberty' Hits Fast Pace in First Week Early business results on "Land of Liberty," following the first week of general release for the industry's patriotic and war charity subject, have been well ahead of expectations in virtually all sections of the coun- try, it was reported by M-G-M, which is distributing the picture gratuitous- ly, and the M.P.P.D.A., sponsor of the picture. The entire M-G-M publicity, ad- vertising and exploitation forces under Howard Dietz, Si Seadler, William Ferguson and Oscar Doob are coop- erating on the campaigns for the pic- ture's openings in all sections of the country. They are being assisted by a special exploitation staff sent out by the M.P.P.D.A., consisting of Gabe Yorke, Joseph Shea, Gordon White, Mark Larkin and I. E. Deer. The M.P.P.D.A. also is arranging coopera- tion with school, church, civic, patri- otic, business and industrial organiza- tions to support the picture in each booking locality. The picture was accorded the un- usual honor of being endorsed from the floor of the U. S. Senate, through a citation by Senator Sheridan Downey of California. Grace M. Fisher, Cumberland, Aid., exhibitor, was the first to donate all profits from the run of the picture at her theatre to the war charity fund which the industry will create from distribution receipts from the picture. Royal in Detroit to Open Finally Today Detroit, Jan. 30.— The new $350,000 Royal Theatre which failed to open a month ago because of a labor dis- pute, will be opened for the first time tomorrow. The dispute, which centered around a union demand that the 2,500-seat the- atre employ a stagehand, has been settled, according to Roger M. Ken- nedy, business agent of the Operators Union and Earl J. Hudson, president of United Detroit Theatres. It was agreed that maintenance work at the Royal, which was found to be within the jurisdiction of the Stagehands Union, would be handled by a member of that union who is regularly em- ployed in the United Detroit Theatre Corp. maintenance department. Mexico Houses Pay 9% Tax on Grosses Mexico City, Jan. 30. — Film houses in the Federal District, which includes Mexico City, get off comparatively easily in the new tax on public amuse- ments that President Camacho has ordered, starting Feb. 1. The tax on theatres is nine per cent of their gross receipts. There is no complaint, as vet, from exhibitors. Theatre proprietors and lessors, however, have complained bitterly to the President against their new taxes, which run from seven to 14 per cent of their gross. Some operators of revue theatres have told the President that if they are obliged to pav these high taxes it will be impossible for them to continue in business. Metro Buys 'Girl Crazy' M-G-M has acquired the rights to "Girl Crazy," the George and Tra Gershwin musical comedy. 'Wind' Smash Hit in Boston With $53,000 Boston, Jan. 30. — "Gone With the Wind" was a smash hit here, taking a total of $53,000 at two houses, $30,000 at Loew's Orpheum and $23,000 at Loew's State. "Santa Fe Trail" and "Night at Earl Carroll's" drew $9,500 at the Paramount and $5,500 at the Fenway. Estimated receipts for the week end- ing Jan. 22-24 : "Doomed Caravan" (Para.) "Devil's Pipeline" (Univ.) "Trail of the Vigilantes" (Univ.) "Moonlight and Melody" KEITH BOSTON — (3,200) (25c-35c-40c- 55c) "Doomed Caravan" and "Devil's Pipeline" 4 days with vaudeville including Rose Marie, Barr and Estes, Joe Besser and Co.; "Vigilantes" and "Moonlight and Melody" 3 days. Gross: $8,000 (Average $8,000) "Kitty Foyle" (RKO) "Saint in Palm Springs" (RKO) KEITH MEMORIAL— (2,907) (25c-35c- 40c-55c) 7 days, 3rd week. Gross: $15,000 (Average $16,000) "Chad Hanna" (20th-Fox) "She Couldn't Say No" (W.B.) METROPOLITAN — (4,367) (25c-35c-40c- 55c) 7 days. Gross: $12,000 (Average $15,500) "Santa Fe Trail" (W.B.) "Night at Earl Carroll's" (Para.) PARAMOUNT— (1,797) (25c-35c-40c-55c) 7 days. Gross: $9,500 (Average $7,500) "Santa Fe Trail" (W.B.) "Night at Earl Carroll's" (Para.) FENWAY — (1,320) (2Sc-35c-40c-55c) 7 days. Gross: $5,500 (Average $4,500) "Here Comes the Navy" (W.B.) "Four Mothers" (W.B.) SCOLLAY— (2,500) (25c-44c-55c) 7 days. Gross: $4,300 (Average $4,000) "Gone With the Wind" (M-G-M) LOEW'S STATE— (3,000) (40c-55c) 7 days. Gross: $23,000 (Average $12,000) "Gone With the Wind" (M-G-M) LOEW'S ORPHEUM— (2,900) (40c-55c) 7 days. Gross: $30,000 (Average $17,500) License Suspension Is Asked in Toronto Toronto, Jan. 30. — Ontario Fire Marshal W. J. Scott today recom- mended a one-month suspension of the license of the Doric Theatre here, after a hearing on the recent acci- dent in which 30 children in the the- atre were overcome by gas. Scott also recommended a change in the Ontario regulations to require an adult to accompany every child under seven to the theatre, and to require a matron for every 100 children in a theatre. No criminal proceedings were ordered against Sam Lester, owner of the Doric. A G VA,B.&K.A gree On Closed Shop Pact Chicago, Jan. 30. — A contract be- tween Balaban & Katz in Chicago and the American Guild of Variety Art- ists will be signed within a few days, it was disclosed today following a meeting between N. M. Piatt, B. & K. production head and district man- ager, Maurice Leonard, general coun- sel, and Tack Irving, representing AGVA. The agreement calls for a closed shop and covers working conditions and salaries. Ziehm Agent in Phila. Philadelphia, Jan. 30.— John Schaeffer, independent exchange man- ager here, is representing Arthur Ziehm in the area. 8 Motion Picture Daily Friday, January 31, 1941 Honor Birthdays of Presidents on WBNX WBNX last night started a series of programs commemo- rating each President of the United States on his birth- day. On the anniversary of a President's birth, the hour- ly station pauses will be punctuated with some memor- able utterance and a 15-min- ute program will also be set aside to tell of the President's life on that day. President Roosevelt, of course, was honored yesterday. Program to Combat Alien Propaganda Designed to combat alien propa- ganda, the Free Company, an organi- zation of authors, performers and radio workers, will present a series of original Sunday afternoon dramas over CBS beginning Feb. 23 at 2 P. M. James Boyd, novelist, is chair- man of the group ; Robert E. Sher- wood is chairman of the writers' di- vision ; Burgess Meredith, performers ; and W. B. Lewis, CBS vice-presi- dent, the radio workers. Among those who will contribute plays without charge are Marc Con- nelly, William Saroyan, Maxwell An- derson, Orson Welles, Stephen Vin- cent Benet, Paul Green, Archibald MacLeish, Sherwood Anderson and George M. Cohan. Norman Corwin and Irving Reis will direct. Loew Metropolitan Managers Shifted Promotions and transfers of man- agers in Loew's Metropolitan Cir- cuit have been made as follows : Sigmund Schwartz, assistant at the State, will manage the Premier. Joseph Beck, manager of the Ave. B, to the Canal, replacing Walter Mock, who in turn becomes assistant at the 46th Street Stanley Marks succeeds Beck at the Ave. B. Joseph Citron, assistant at the Oriental, moves to the 83rd Street, replacing Nathan Slater, who has been transferred to the State. Harold Zeltner, assistant at the 46th Street, has been shifted to the Oriental. Sues on Radio Title Albert E. Kane has filed suit in U. S. District Court against Plough, Inc., for an injunction and $25,000 damages, charging the defendant with unfair competition in the use of the title, "Famous First Facts," in radio broadcasts sponsored by St. Joseph's Aspirin. Mrs. Bobbins Dies Worcester, Mass., Jan. 30. — Mrs. Florence M. Robbins, 62, died here yesterday. She was the wife of Clarence Robbins, manager of the Buzzards Bay Theatre on Cape Cod, and formerly manager of the Strand, Plymouth and Regent Theatres here. Henabery at Opening Joseph Henabery, who portrayed Abraham Lincoln in "The Birth of a Nation,"^ will be guest of honor when the original film, with accompanying sound, opens at the Ambassador Mon- day as a benefit for Bundles for Brit- ain, Inc. Off the Antenna CBS's series of "Forecast" programs started to pay dividends yesterday when it was disclosed that "Duffy's Tavern," one of the shows on the series will be sponsored by Magazine Repeating Razor Co. on 55 stations, Saturdays at 8:30 P.M., beginning March 1. Ed Gardner, who directs and plays the leading role, and John Kirby's band will be featured. Albert Spalding, the violinist, proved his ability to handle script as well as his instrument, in the "Battle of Music" and is now heard on the Coca Cola show. "Back Where I Came From," another in the "Forecast" series is heard sustaining three times weekly. • • • Niles Trammell, NBC president, yesterday accepted the chairmanship of the Civilian Mobilization drive for the Salvation Army, which seeks to raise $375,000. • • • Around the Country: Frank E. Pcllcgrin, sales and promotion manager for Central States Broadcasting System, has been named "outstanding young man for 1940" by the Omaha Junior Chamber of Commerce . . . WTAG, Worcester, Mass., received 36,767 mail pieces during 1940, according to Edward E. Hill, station director . . . E. S. Mittendorf, general manager of WIND, Chicago, has been ordered by his physician to take an extended leave. No successor has been named. D. O. Coc, salesman for the past five years, has been promoted to the rmsily created post of resident manager. • • • Because of the many recent changes, NBC-Blue has issued a new rate card, effective tomorrow. The new card lists 97 regular Blue outlets and 55 supplementaries. Included for the first time are- 29 stations added since Sept. 1, 10 in the new Southeastern group, and five in the new Oklahoma group. A separate card listing discounts for the Pacific Coast group will be issued by the Hollywood office. • • • Purely Personal: Julius Colby will interview William Garity, Disney chief engineer, at 11:45 this evening over WMCA . . . William Gargan will be guest on "Campbell Playhouse" over CBS tonight at 9:30 . . . Andrews Sisters will be heard on the "Fitch Bandwagon" over NBC-Red, Sunday, Feb. 9 . . . Edzvard Hopper, li'HN engineer, has been honored by the American Radio Relay League for having received confirmations .from 152 countries with his amateur station, W2GT. • • • Program News: Axton-Fisher has added eight stations to the XBC-Blue hookup for "Your Happy Birthday" bringing the total to 82 . . . Junior Americans of the U. S. will sponsor a 15-minute children's quiz show over WNEW Saturdays at 1 :15 P.M. beginning tomorrow . . . General Cigar Co. tonight will add two stations to the Mutual hookup for Raymond Gram Swing, bringing the total to 75 . . . The Filmarte Theatre has signed a contract with WHN for spot announcements for "Hatred" . . . The Dixie Hotel has also signed a contract for spot announcements with the same station. Composer Rooney Two excerpts from Mickey Rooney's symphonic compo- sition, "Melodante," will be heard for the first time on Sunday, Feb. 9, at 9 P. M. over CBS during the "Ford Sunday Evening Hour." Wil- fred Pelletier will conduct the orchestra. RKO Local Circuit Sets 9 P.M. Feature John J. O'Connor, vice-president and general manager of RKO Theatres, has extended the plan locally of pre- senting the main feature at 9 or 9 :30 P. M. It is designed to fit the con- venience of single feature patrons attending double feature houses. Following experimentation in a number of houses, and recent exten- sion to a number of others, the plan will be instituted next Tuesday at Proctor's New Rochelle, and on Feb. 12 at Keith's Flushing, the Coliseum, Pelham and Castle Hill. Double bills will be continued all day as usual, with midnight shows on Sat- urday. Loew's recently instituted the same type of plan. Testimonial for Felt Philadelphia, Jan. 30.— A farewell party was held today by the Show- men's Club for Cecil Felt, operator of the Bluebird, as the first exhibitor in the area to be conscripted for mili- tary service. The V ariety Club ten- dered him a farewell affair on Tues- day night. Start Soundies Monday Arthur Leonard and Dick Hyland on Monday will start production on 16 new "soundies" at the Movietone stu- dios for the Roosevelt-Mills organiza- tion. Leonard will direct. Bands signed include Tony Pastor, Gray Gordon, Les Brown and Nana Rod- rigo. Ascap Discusses Decree Proposals Ascap's board of directors yesterday discussed the Government's indicated proposals for a consent decree settle- ment of pending and contemplated litigation against the society. The directorate subsequently in- structed Louis D. Frohlich and Herman Finkelstein, Ascap counsel, on its settlement views. The two attorneys left last night for Wash- ington where they will meet today with representatives of the Depart- ment of Justice to resume decree negotiations. Pending the outcome of the Wash- ington negotiations, no important development is expected in the Ascap- radio network controversy. BMI yesterday claimed a total of 111 music publishing organizations within its fold, and estimated that its catalogue of "popular tunes" has been increased by 60 per cent since Jan. 1. Simultaneously, Ascap reported that up to yesterday it had received 3,500 commendatory letters as a result of its first broadcast last Saturday. Ascap served notice yesterday on radio stations that in its opinion three of the leading BMI tunes are in- fringements of published Ascap songs. The alleged infringing songs are "I Hear a Rhapsody," claimed to in- fringe on "I Found a Dream ;" "I Look At You," on "My Heart Stood Still ;" and "All I Desire" on "I Got a Guy." FCC Approves F1VU . ■ - ■ - Syracuse Station Washington, Jan. 30— The Federal Communications Commission has granted a construction permit to the Central New York Broadcasting Corp., Syracuse, N. Y., for a new FM station to operate on 46,300 kilocycles to cover 6,800 square miles with a population of 600,100, and announced that it would waive rules relating to maximum power rating, to permit sta- tions a maximum power of four times the operating power between 12,500 and 25,000 watts until a 25,000-watt transmitter can be developed and placed on the market The commission also an- nounced that because proposed FM service in the Philadelphia and New York areas makes the assignment of adjacent chan- nels desirable, modifications have been granted to permits issued to WCAU Broadcasting Co. in Philadelphia, to operate on 46,900 instead of 46,700 kilo- cycles, and Columbia Broad- casting System, New York, on 46,700 instead of 48,700 kilo- cycles. Applications received by the com- mission included the requests of Sta- tion WICA, Ashtabula, Ohio, for in- crease of day power from 1,000 to 3,000 watts and extension of time from day to unlimited, and Station KFBC, Cheyenne, Wyo., for change of fre- quency from 1,420 to 1,210 kilocycles and increase of night power from 100 to 250 watts. The A. S. Abell Co., holding a con- struction permit for an FM station on 44,300 kilocycles to cover 15,489 square miles with a population of 3,308,983, with transmitter located at Clarksville, Md., has filed an applica- tion for change of location to Balti- more, change of frequency to 46,300 kilocycles. Quiz RCA Officials In Suit on Feb. 10 Nine officials of RCA Manufactur- ing Corp. will be examined before trial in the U. S. District Court on Feb. 10 in the infringement suit of RCA Manufacturing against Colum- bia Recording Corp. and Columbia Phonograph Company Officials include Frank B. Wa'ker, vice-president: Charles O'Connell, di- rector of music; and Thomas Jovce, vice-president. RCA claims exclusive rights to the sale of 'Red Label" records, and charges the defendant- with infringement of that right. William Dalbey Dies Omaha, Jan. 30.— William R. Dal- bey, 70, former president of Local 70. of the A. F. of M. here, and a mu- sician in most of Omaha's downtown theatres for many years, died at his home after a brief illness. Alert, InteWgei awTy to the^flil ojtion Picture Industry MOTION PICTURE DAILY First in NO. 24 NEW YORK, U.S.A., TUESDAY, FEBRUARY 4, 1941 TEN CENTS UA, Columbia Aim at Early Sales Meets Follow Universal Lead; 1 Kelly in from Coast I Indications are that United Artists 'and Columbia will match Universal's plans for an early sales convention and a start on new season selling. Arthur W. Kelly, United Artists' vice- president and d i s t r i b u - tion head, said on his return from studio con- ferences yester- day that he would disclose United Artists' convention and new season's production plans Arthur Kelly withjn the ngxt 10 days. Meanwhile, all top executives of Columbia are engaged in new season production conferences at the studio, on the conclusion of which sales con- vention and selling plans probably will (Continued on page 3) 'Street' Premiere Is Florida Event By SAM SHAIN Coral Gables, Fla., Feb. 3. — Old- timers say that this sub-tropical play- ground has never before experienced . an event to equal in excitement and 1 interest, at the height of the Winter season, such as this four-day Miami preview given by Universal for the Margaret Sullavan-Charles Boyer film, "Back Street," which will have its world premiere tomorrow night, with simultaneous performances at the Lincoln and the Cameo Theatres. Many of Universal's guests, 100 or more newspaper reporters and critics, (Continued on page 3) Reviewed Today Five features are reviewed in today's issue. Reviews from Hollywood of "Buck Privates," "Secret Evidence" and "You're the One" are on page 4. New York reviews of "Hatred" and 'Tersonal Column" are on page 6. LeBaron to Produce For Para. Release Hollywood, Feb. 3.— William LeBaron, Paramount produc- tion executive since 1936, will leave that post to produce independently for Paramount release. When Y. Frank Freeman became vice-president and studio head, LeBaron agreed to remain as managing direc- tor two more years in his post. That period has now expired. He will begin his independent production on May 1. Freeman and Henry Ginsberg, general studio manager, will divide Le- Baron's duties. Holdovers Strong Along B 'way; 3 New Pictures Are Due Brisk mid-Winter weather over the weekend had little effect on Broadway box-offices, and holdover attractions, current in most of the houses, were strong. Three new films will arrive this week, "Arizona" at the Music Hall, "Honeymoon for Three" at the Strand, and "Western Union" at the Roxy. The Paramount and Roxy were outstanding. At the Paramount, "Virginia" with Glenn Miller on the stage drew an estimated $23,000 over Saturday and Sunday, well above av- erage, indicating a gross of about $60,000 for the first week which ends tonight. It holds over. "Tall, Dark and Handsome" with a stage show (Continued on page 3) Crockett Reelected By Virginia MPTO Washington, Feb. 3. — William F. Crockett was reelected president of the M.P.T.O. of Virginia at the or- ganization's annual convention at the Shoreham Hotel here today. Other officers elected are: Benja- min Pitts, vice-president ; Harold Woods, secretary ; Sam Bendheim, treasurer. The board of directors in- cludes : C. L. Ambercrombie, D. F. Aleshire, R. H. Boiling, J. C. Cald- well, W. F. Crockett, Charles De- neade, J. Frank Falls, Leonard Gor- don, Elmore Heins, Jack Katz, Elli- son Loth, H. M. Moody, R. C. Over- bey, Hunter Perry, Benjamin Pitts, Charles Roth, Herman Rubin, Frank Stover, Daniel Weinberg. Also, Sam Bendheim, Frank (Continued on page 3) ALGER AND PUTNAM ON APPEALS BOARD Milwaukee Ascap Criminal Suit Seen Started Tomorrow Milwaukee, Feb. 3. — Department of Justice officials here indicated to- night that criminal anti-trust proceed- ings against Ascap would be filed in Federal district court here on Wed- nesday. Meanwhile, Federal Judge F. Ryan Duffy today signed the BMI consent decree which, however, does not become ef- fective until a decree substan- tially like it has been obtained for Ascap. Decree proposals such as those advanced by Ascap thus far would not ful- fill this condition and, if ac- cepted by the Government, (Continued on page 3) O'ConnorHeadsUnit Of Catholic Charities John J. O'Connor, vice-president in charge of RKO Theatres operations, has been appointed chairman of the Motion Picture and Allied Indus- tries Committee of the Archbishop's Committee of the Laity for the 1941 Appeal for New York Catholic Char- ities. The appointment was made at a special meeting late last week of lead- ers of trade and industry groups at the residence of Archbishop Francis J. Spellman. O'Connor is the chairman of one of 45 groups which will solicit special (Continued on page 3) UA Says Goldwyn Demanded Control United Artists Corp. yesterday charged Samuel Goldwyn with having made a demand upon the four other United Artists stockholders to vest in him 100 per cent control of the com- pany for a three-year period. The charge was made in an answer filed by United Artists in the U. S. Dis- trict Court to Goldwyn's suit for can- cellation of his distribution contract with the defendant. According to the answer, on Jan. (Continued on page 3) Personnel Complete With Veeder as Chairman; No Complaints In George W. Alger, attorney and former special master in the RKO reorganization proceedings, and Albert W. Putnam, New York lawyer, were appointed members of the industry's national arbitration appeals board by Federal Judge Henry W. Goddard yesterday. The appointments complete the personnel of the appeal board of three, Judge Goddard having named Van Vechten Veeder, former Federal judge, as chairman of the board last December. The two new ap- pointments were effective as of yesterday and the terms of the appointees, like that of the chairman, are for three years. The chairman's remuneration is $20,000 annually and that of the other two members is $17,500. Offices of the board will be estab- lished in Rockefeller Center but will not be in the American Arbitration Association quarters. The board will hear all appeals from awards made by the local arbitration tribunals. Alger is 68 years old and has prac- (Contimied on page 3) RKO Salary Cuts Ended as of Feb. 1 Salary cuts invoked by RKO in September, 1939, as a means of meet- ine anticipated losses of foreign revenue resulting from the war, have been ended as of Feb. 1, George J. Schaefer, president, has revealed. The cuts applied to all employes earning $4,500 or more per year and ranged from 10 per cent in the lower brackets to 50 per cent in the highest, on a graduating scale. Schaefer's statement attributed the rescinding of the pay cuts to improved domestic business which in recent months, he said, has gone a long way toward offsetting the foreign revenue losses. He expressed appreciation for the loyalty of the company's personnel in aiding in overcoming the conditions brought about by the war. The cuts applied to home office and studio employes, domestic and foreign branches, the theatre company and RKO Pathe News. 2 Motion Picture Daily Tuesday, February 4, 1941 Coast Flashes Personal Mention Hollywood, Feb. 3 Screen Cartoonists Local 852, of the Painters Brotherhood, filed charges of unfair labor practices against Walt Disney Productions to- day. The union charged fostering of a "company union," and coercion. Au- brey Blair, A.F.L. organizer, said all theatres showing Disney product would be placed on the "unfair" list unless the matter is settled shortly. • The trial of William Bioff, former I.A.T.S.E. leader accused of evasion of income taxes was set today for June 24 before Federal Judge Paul J. McCormick. • The annual meeting of the Associa- tion of M. P. Producers was post- poned indefinitely today due to the illness of Y. Frank Freeman, presi- dent. • Sam Wood was signed by Warners today to direct "King's Row." • Bette Davis' next film at Warners was set today as "The Widow of Devil's Island" by Nicol Smith. • Jack Cohn, Columbia vice-president, and Abe Schneider, treasurer, arrived over the weekend for studio confer- ences. • A smoldering jusisdictional dispute over about 150 men working in sound departments today threatened to break out into open warfare between the I.A.T.S.E. and the International Brotherhood of Electricians. The LA. executive board has announced the widening of Sound Technicians Local 695 charter to include the men who are now members of the I.B.E.W. However, at Local 40, I.B.E.W., it was said that the two international presidents had conferred about the matter at the recent A.F.L. conven- tion and had agreed to let matters stand. Pastors Protest on Films Glorifying War Columbus, Feb. 3. — The Ohio Pastors Association in convention here went on record as reproving the picture industry for 'the notable in- crease in those pictures which glorify war and leave the implication that military methods can best overcome fascism and other pseudo philosophies which bedevil the world." The association also advocated more efficient use of radio by religious forces, a more intelligent criticism of current programs, and the inaugura- tion of a weekly Sunday radio pro- gram to be known as "The Ohio Sun- day School of the Air." Mrs. Skouras Aids Funds Mrs. Spyros P. Skouras, wife of the national chairman of the Greek War Relief Association, has turned over to the organization a check for $5,600, representing pledges made at a Christ- mas meeting at the Skouras home. M-G-M Transfers Two St. Louis, Feb. 3. — Claude Morris, M-G-M field exploitation chief here, has changed places with Irving Water- street, who held the same job in Kan- sas City. GEORGE J. SCHAEFER, RKO president, and Ned E. Depinet, vice-president, are scheduled to leave for the Coast at the end of the week. • Harry L. Gold, United Artists Eastern sales manager, is in Dallas for a business visit. • Martin Hirsch, operator of the Century, Philadelphia, an army re- serve officer, leaves this week for ac- tive service in Washington. • Edgar Moss, 20th Century-Fox dis- trict manager in Philadelphia, ob- served his 16th wedding anniversary last week. • John Turner, assistant booker of the Warner theatres in Philadelphia, is ill with the flu. • William Orr, Russell Holman, Sam Rinzler, Max Dreyfus, Charles Casanave, David Loew and George Skouras at Nick's Hunt- ing Room in the Astor for lunch yes- terday. • Colvin Brown, Paul Lazarus, Jr., James Cron, Ray Gallagher, Pat Scollard, Milton Silver, Hortense Shorr, Paul Lazarus and Douglas Rothacker lunching yesterday at the Tavern. • Leonard Golden son, Austin Keough, Barney Balaban, Leon Netter, Arthur Mayer, Clayton Bond, Frank Phelps, Harry Thomas, Toby Gruen, Arthur Krim, Arthur Loew, Mort Spring, Dave Blum, Sidney Phillips, Guy Bolton, John Golden and Alexan- der Ince at Sardi's yesterday for lunch. 16 New Pictures Are Approved by Legion Sixteen of the 18 new films reviewed by the National Legion of Decency last week were classified as unobjec- tionable, eleven for general patronage and five for adults. The remaining two were classed as objectionable in part. The pictures and their classification follow. Class A-l, Unobjectionable for Gen- eral Patronage — "Arkansas Judge," "Buck Privates," "Here Is Ireland," "Margie," "Meet the Chump," "Pride of the Bowery," "Ride Kelly Ride," "Ridin' on a Rainbow," "Roadshow," "They Met on Skis," "You're Out of Luck." Class A-2, Unobjectionable for Adults — "Blonde Inspiration," "Caught in the Act," "Cheers for Miss Bishop," "Let George Do It." "Secret Evi- dence." Class B. Objectionable in Part — "High Sierra," "So Ends Our Night." Rugar Reelected by Intermountain Unit Salt Lake City. Feb. 3. — Inter- mountain Theatres Association, with headquarters here, has reelected John Rugar, Park City, as president. Other officers named were : George Smith, Magna, Utah; vice-president : Beverly S. Clendenin, Salt Lake City, secretary, treasurer and general coun- sel, and the following directors : Ru- srar. Smith, J. J. Gillette. I. H. Har- ris. E. H. Steele, Paul DeMordaunt, Walter Hull, WILL H. HAYS, recovered from his recent attack of influenza, left for the Coast last night, to be gone about two weeks. • W. A. Scully, Universal general sales manager, will return from an up-State business trip today. • Gabriel Pascal British producer, arrived from Europe yesterday. He plans to leave for the Coast in about 10 days. • Morris Cohn, Columbia salesman in Albany, has joined an anti-tank regiment now in training at Ft. AIc- Clellan, Ala. • Albert Lewin, United Artists pro- ducer, will lecture on the problems and technique of modern motion pic- tures at the Yale Drama School to- morrow. • Lee Alderman, contract clerk at the Warner exchange in New Haven, is recuperating at Grace Hospital, that city, after an operation. • Charlotte McGuigan, secretary to Harry F. Shaw, Loew-Poli division manager in New Haven, is visiting her sister in Miami. • Fred Warner, booth operator at the Paramount, New Haven, has left for a Florida vacation. • Clarence Eiseman, David Gries- dorf, Joseph Moskowitz and J. J. Milstein having lunch at Lindy's (51st St.) yesterday. • Rube Jackter, Sam Tulpan and Lou Weinberg at Lindy's (next to the Rivoli) yesterday for lunch. 'Little Three' Seek Crescent Dismissal Nashville, Feb. 3. — Motion for summary judgment and dismissal of the Government's amended anti-trust suit complaint against Crescent Amusement Co., Columbia, Universal and United Artists were filed in Fed- eral court here today by Schwartz & Frohlich, Columbia counsel. A hear- ing date for late this month is to be agreed upon by counsel in the near future. Defendants' answers to Government interrogatories in the case were to have been filed this weekend, but now will not become due until 10 days after the motion to dismiss has been decided. RKO Meet on Sales Drive Here Today A meeting will be held at the local RKO exchange today in connection with the Ne.d E. Depinet sales drive. Robert Wolff, exchange manager, will preside, with A. W. Smith, Jr., sales manager ; Harry Michalson. short sub- ject sales manager; Robert Mochrie, Eastern division sales manager ; Leo Devaney, drive captain, and Harry Gittleson, drive publication editor, at- tending. Devaney and Gittleson have com- pleted a tour of the exchanges in this country, and will go on to Toronto and Montreal. The drive started on Jan. 25. Directors of RKO See 'Citizen Kane' "Citizen Kane," Orson Welles' first production, was screened for the RKO board of directors at their weekend meeting, providing one of the few instances of a screening being made a part of the regular order of business at a major company board meet- ing. RKO is proceeding with i^^ advertising campaign anm* sales plans for the picture, which has brought about a ban by Hearst publications on publicity on the film. An earlier ban on all RKO pub- licity has been lifted. Copyright Violation Indictments Drawn Indictments charging violations of the copyright law and conspiracy in the renting of illegally "duped" films have been obtained here by the office of U. S. Attorney John T. Cahill against Louis Colasuono and Antonio Cardillo, operating the Colson Motion Picture Service, and Sol Joffe, head of Movielab Film Labs, Inc., all of New York. The cases are the first criminal actions of their kind to be instituted here. They were prepared with the aid of Jack Levin, Edward Sargoy and Harold Groves of the Copyright Protection Bureau. The indictments charge the defendants with having illegally obtained prints of "Ben Hur,'' "The Littlest Rebel," "A Connecticut Yankee," and "Dinky" ; reducing them to 16 mm. prints and renting them to churches, schools and institutions. Penalties for the violations charged range from one to two years' im- prisonment and fines of from $100 to §10,000. Honor Sweigert, Smith Phhadelphia, Feb. 3. — A testimo- nial dinner will be tendered Earle W. Sweigert and Ulrik F. Smith by the local industry on Feb. 21 at the War- wick Hotel. Sweigert was made dis- trict manager for Paramount in the Philadelphia, Washington and Pitts- burgh areas and Smith, formerly sales manager, succeeds him as branch man- ager of the Philadelphia exchange. MOTION PICTURE DAI LY (.Registered U. S. Patent Office) Published daily except Saturday, Sunday and> holidays by Quigley Publishing Company. Inc., 1270 Sixth Avenue, Rockefeller Center ! New York City. Telephone Circle 7-3100. Cable address, ' Quigpubco, New York." Mar tin Quigley, Editor-in-Chief and Publisher:) Colvin Brown, Vice-President and General Manager; Watterson R. Rothacker Vice- President; Sara Shain, Editor; Alfred L.) Finestone, Managing Editor; James A Cron, Advertising Manager; Chicago Bureau 624 South Michigan Avenue. C. B. O'Neill Manager; Hollywood Bureau, Postal Uniori Life Building, William R. Weaver, Editor London Bureau, 4 Golden Square, London Wl, Hope Williams, Manager, cable address "Quigpubco, London." All contents copy-; righted 1941 by Quigley Publishing Com A pany, Inc. Other Quigley publications Ml Motion Picture Herald, Better Theatresi# International Motion Picture Almanac andj Fame. Entered as second clast matter; Sept. 23, 1938, at the post office at New York. N. Y., under the act of March ?■ 1879. Subscription rates per vear S6 in Americas and $12 foreign. Single copies 10c"* Tuesday, February 4, 1941 Motion Picture daily 3 UA, Columbia Aim at Early Sales Meets (Continued from page 1) be set. Universal, however, which will discuss new season's product and s<4';ng plans at a national meeting of ' office and studio executives and ci...nct and branch managers in Chi- i cago next weekend, will be the first into the field with a new season line- up. The three companies are not par- ties to the consent decree and need not sell in blocks of five. Kelly also intimated the possibility of changes being made in United Art- ' " ists' selling policy for next season, j but said no statement concerning this II would be made before Feb. 12. He i said that a successor to L. J. Schlaifer, j who resigned as field sales representa- U-tive for the company recently, would . be named immediately, and a succes- I sor to Hugh Owen, former district manager at Dallas, who recently ' joined Paramount in the same ca- y pacity, would be chosen this week. The United Artists distribution chief was enthusiastic over the com- pany's forthcoming product, which was screened for him while he was | on the Coast. He singled out for ; mention Alexander Korda's "That ' Hamilton Woman ;" "That Uncertain Feeling," from Ernst Lubitsch ; James f Roosevelt's "Pot o' Gold," "Topper Returns" and "So Ends Our Night." The company will also have for early release "New Wine," now in • production; "Major Barbara," a print of which was brought to New York f yesterday from London by Gabriel i Pascal, producer. "The Great Dicta- tor," he said, will be generally re- leased March 14, although a first ; booking has been set on general re- lease terms for Miami late this month. Chaplin to Coast to Start New U. A. Film Chicago, Feb. 3. — Charles Chaplin is scheduled to return to Hollywood s this week to begin work on a new pro- ■ duction for United Artists' release next season, Arthur W. Kelly, vice- president in charge of distribution, ••• said he had been advised prior to his departure from Hollywood. Kelly, en route to New York, said that the company also expected one ■■- or two pictures from David 0. Selz- nick for new season release. O'ConnorHeadsUnit Of Catholic Charities (Continued from page 1) r gifts from individuals in connection s with the appeal for more than 200 in- > terdependent institutions and agencies j of Catholic charities. Each chairman will select his own committee. ] The Archbishop's Committee, head- ' ed by Alfred E. Smith as general , ; chairman, and John A. Coleman as • executive chairman, will begin solicita- : tion this month and conclude before Laetare Sunday, March 23. Pierce Joins M-G-M Hollywood, Feb. 3. — William Pierce, Jr., has joined the M-G-M publicity department at the studio. Milwaukee Ascap Criminal Suit Seen Started Tomorrow (Continued from page 1) would mean that the BMI de- cree would not become opera- tive. The Department was represented as determined to go through with its prosecution, following failure of the music society to offer consent decree proposals meeting its demands. It was revealed here that the Fri- day conference between Department officials and Ascap counsel ended with the two sides far apart. The De- partment of Justice, it was said, in- sisted upon immediate acceptance of all of its demands, not only for the reforms contemplated in the BMI de- cree but also for reorganization of the Society's management and internal policies. Ascap representatives de- clared they could not accept those de- mands, it was said. Way Is Open, Ascap Officials Say Here Ascap officials here asserted yester- day that the way was being kept open for further negotiations with the Gov- ernment but that no further meetings with Department of Justice officials have been scheduled yet. It was stated that the anticipated Government action against the society in Milwaukee, which had been ex- pected yesterday, will not prevent fur- ther settlement negotiations. A de- cree, it was pointed out, might be worked out subsequent to the filing of the action equally as well as prior to its filing. Supreme Court Grants Petition of Ascap Washington, Feb. 3. — The U. S. Supreme Court today granted Ascap's petition for the filing of a complete record for the appeal of the State of Nebraska from the decision of a three- judge Federal statutory court hold- ing Nebraska's anti-Ascap law uncon- stitutional. The state had sought to introduce its own condensed record of the hear- ings on the case before the three-judge court for the Supreme Court appeal but was opposed by Ascap, repre- sented by Louis D. Frohlich and Her- man Finkelstein, New York counsel for the society. 'Street' Premiere Is Florida Event (Continued from page 1) brought from every part of the coun- try, have expressed similar senti- ments. Both from the point of uniqueness and the excellent manner in which the celebration is being carried out under the direction of high Universal officials, the affair has been described as one of the best. Today, the celebration neared its climax with a party at the Miami- Biltmore Hotel for the visiting scribes, at which Deanna Durbin was guest of honor. The young Univer- sal star arrived this morning to at- tend the premiere. Tomorrow night, the newspaper boys and girls will mingle with so- ciety and show business celebrities at the "Back Street" opening. Maryland M.P.T.O. Donates Ambulance Baltimore, Feb. 3. — Answer- ing an appeal for funds to supply outlying areas of Eng- land with ambulances, the M.P.T.O. of Maryland has voted to give an outright do- nation of the full amount necessary to build one. The ambulance will bear the name of Governor Herbert R. O'Conor, chief executive of Maryland. UA Says Goldwyn Demanded Control (Continued from page 1) 2, 1939, at an adjourned annual meet- ing of stockholders held in Goldwyn's office, Goldwyn insisted that the Pick- ford Corp., Alexander Korda, the El- ton Corp., and Charles Chaplin ex- ecute a voting trust agreement for three years, which would have given Goldwyn all voting power and 100 per cent right to elect directors with him in complete management of the company. It is claimed that Goldwyn threatened he would vote against all measures of the board and would take further steps to secure voting control. The answer states that after the re- fusal of the four other stockholders to comply, Goldwyn "harassed and annoyed the management and failed and refused to perform existing agree- ments." United Artists also contends that Goldwyn released to the press "false, malicious and misleading statements concerning the defendant and those as- sociated with the defendant." It is charged that Goldwyn himself vio- lated his agreement with United Art- ists by negotiating with Paramount and W'arners to distribute his films. The plaintiff has forced the defendant "to expend vast sums of money de- fending various legal actions," the answer asserts. A second defense raised by the answer claims that Goldwyn is not entitled to the producer's sum of $54,- 559, which he is suing for, because Goldwyn allegedly refused to accept resolutions of the board of directors which governed the payment of these sums. United Artists states that it is willing to pay producer's sums if the conditions of payment are accepted by Goldwyn. The answer also gen- erally denies the charges of the com- plaint. Crockett Reelected By Virginia MPTO (Continued from page 1) O'Brien, Charles Somma, Allen Spar- row, Morton Thalhimer, Harold Wood, Sidney Bowden, Sydney Gates, Jeffrey Hofheimer, Robert Le- vine, William Wilder, Carter Bar- ron, Julian Brylawski, Nat Glasser, A. E. Lichtman. Ed Kuykendall, president of the M.P.T.O.A., and Col. Robert Bar- ton, counsel, explained the operation of the consent decree to the meeting. The organization's Summer conven- tion will be held some time in June at Old Point, Va., it was decided. Alger, Putnam Are Named to Appeal Board (Continued from page 1) ticed law in New York since 1895. He is a member of the law firm of Alger, Peck, Andrew & Rohlfs. He drafted the present New York em- ployers' liability act and many amend- ments to labor and child labor laws. He was a member of the Moreland Act commission to investigate state prison and board of parole operations, and drafted the present state parole law. He was impartial chairman of the cloak and suit industry in New York from 1931-'35, having jurisdic- tion over disputes in that industry. He was a Moreland commissioner for the investigation of the state super- intendent of insurance in connection with defaulted mortgage guarantees in 1933. He was special master in the RKO reorganization proceedings from 1937 to 1940. Putnam is 63 years old and a member of the law firm of Winthrop, Stimson, Putnam & Roberts, and has practiced law in New York since 1900. He is a former Army officer, trustee of Columbia University, officer of several financial companies, treasurer of New York Law Institute and member of num- erous clubs. The industry's 31 local boards ended their second day of operation yester- day without a single complaint having been filed. A. A. A. headquarters re- ported that 15 to 18 applications had been received at the local board here for complaint forms. However, some of these, it was ascertained, were for the files of industry organizations. Holdovers Strong Draw Along B'way (Continued from page 1) brought big business to the Roxy Thursday through Sunday, estimated at $36,000. Because of the booking schedule, the film will be replaced on Friday after a two-week run by "Western Union." "Philadelphia Story," now in its sixth week at the Music Hall, finally bows out Wednesday night making way for "Arizona," the following day. It gave the theatre about $54,000 Thursday through Sunday. "High Sierra" checks out of the Strand Thursday night after two weeks with Henry Busse and Quentin Reynolds on the stage and will be succeeded on Friday by "Honeymoon for Three" and Ray Noble. It grossed about $21,000 Friday, Satur- day and Sunday. "Kitty Foyle" is expected to finish its fourth week at the Rivoli with an estimated $20,000 and will hold over. Business for the fifth week of "Night Train" at the Globe is estimated at $8,000 and the film is also a holdover. On schedule to follow "Arizona" at the Music Hall are: "This Thing Called Love," "Mr. and Mrs. Smith," "So Ends Our Night," "Cheers for Miss Bishop," "Major Barbara," "That Uncertain Feeling," "Adam Had Four Sons," "Penny Serenade" and "Tom, Dick and Harry." 4 Motion Picture daily Tuesday, February 4, 1941 'HudsonV Is Seattle's Best, Takes $7,500 Seattle, Feb. 3. — "Hudson's Bay" and "The Saint in Palm Springs," and March of Time for good measure took $7,500 at the Paramount. A Bowes unit at the Palomar helped "Friendly Neighbors" to $5,700. The weather was rainy. Estimated takings for the week end- ing Jan. 30 : "Second Chorus" (Para.) "Night Train" (20th-Fox) BLUE MOUSE — (950) (30c-40c-50c-65c) 7 days. 2nd week. Gross: $3,200. (Average, $4,000) "The Philadelphia Story" (M-G-M) "Michael Shayne, Private Detective" (20th- Fox) FIFTH AVENUE— (2,500) (30c-40c-50c- 65c) 7 days. 2nd week. Gross: $6,600. (Average, $7,000) "Ellery Queen, Master Detective" (Col.) "Girl3 Under 21" (Col.) LIBERTY — (1,800) (30c-40c-50c-65c) 7 days. Gross: $4,100. (Average, $5,000) "Love Thy Neighbor" (Para.) "Jennie" (20th -Fox) MUSIC BOX— (950) (30c-40c-50c-65c) 7 days. 3rd week. Gross: $3,400. (Average $4,000) "Honeymoon for Three" (W. B.) "The Texas Rangers Ride Again" (Para.) ORPHEUM— (2,450) (30c-40c-50c) 7 days. Gross: $5,100. (Average, $6,000) "Friendly Neighbors" (Rep.) PALOMAR — (1,500) (20c-30c-40c-50c) 7 days. Major Bowes' Unit on stage. Gross: $5,700. (Average, $5,000) "Hudson's Bay" (20th-Fox) "The Saint in Palm Springs" (20th-Fox) PARAMOUNT— (3,050) (30c-40c-50c) 7 days. Gross: $7,500. (Average, $6,000) $19,000 for 'Wind' Providence High Providence, Feb. 3. — "Gone With the Wind" at Loew's State at popular prices piled up $19,000 despite the snowy weekend, which influenced all box-offices. Estimated takings for the week end- ing Jan. 29-30: "Kitty Foyle" (RKO) "The Saint in Palm Springs" (RKO) RKO-ALBEE— (2,239) (28c-39c-50c) 7 days, 4th week. Gross: $5,600. (Average, $6,000) "Gone With the Wind" (M-G-M) LOEW'S STATE— (3,232) (28c-39c-55c) 7 days. Gross: $19,000. (Average, $11,000) "High Sierra" (W. B.) "The Case of the Black Parrot" (W. B.) MAJESTIC— (2,250) (28c-39c-50c) 7 days. Gross: $7,500. (Average. $7,000) "This Thing Called Love" (Col.) "Ellery Queen" (Col.) STRAND— (2,200) (28c-39c-50c) 7 days. Gross: $8,100. (Average, $6,000) "Caught in the Act" (Producers) METROPOLITAN — (3,045) (28c-39c-55c- 75c) 3 days. Stage show with Sammy Kaye and orchestra; The Three Kadets; The Nonchalants; Chriss Cross, and The Statler Twins. Gross: $6,000. (Average, $5,500) "Ridin' on a Rainbow" (Rep.) FAY'S — (1,800) (33c-39c-44c) 7 days. Stage show with Donald, Patsy and John O'Con- nor; Wally Ward & Mitzi Milford; John Callus; The Five Oueens, and the May- fair Trio. Gross: $5,500. (Average, $5,000) "Flight Command" (M-G-M) "Keeping Company" (M-G-M) CARLTON— (1,526) (28c-39c-50c) 7 days, 2nd week. Gross: $2,900. (Average, $3,000) "Dr. Kildare's Crisis" (M-G-M) (3 days) "Jennie" (20th-Fox) (3 days) "East of the River" (W. B.) (4 days) "Night at Earl Carroll's" (Para.) (4 days) EMPIRE— (1,200) (20c-28c) 2nd run. Gross: $1,600. (Average, $2,000) Increase KAO Capital Albany, Feb. 3.— A $49,000 in- crease in capital stock has been filed for Keith-Albee-Orpheum Corp. by Louis Joffe, attorney for the company, with Michael F. Walsh, Secretary of State. Hollywood Reviews "Buck Privates" {Universal) Hollywood, Feb. 3 THIRST doughboy comedy to reach the screen since the rigors of mili- A tary training became again a factor in the experience of young Americans, this "all out" burlesquing of life in the army camps kept its Hollywood preview audience in stitches from "reveille" to "retreat." Topping a large cast and running up a virtually unbroken record of bull's-eyes in the laugh department are Bud Abbott and Lou Costello, radio comedians whose first film venture gave only faint promise of the success they achieve in this one. Memory has to go back to Wallace Beery and Raymond Hatton in "Behind the Front," comedy classic of that other war, for a parallel to their performance. Other talent includes the Andrews Sisters, lately in the news columns by grace of the Harvard undergraduates' whimsies, Lee Bowman and Alan Curtis as romantic leads, Jane Frazeem, Nat Pendleton, Samuel S. Hinds, Harry Strang, Nella Walker, Leonard Elliott, Shemp Howard and many more. Six song numbers are performed in the course of the diversion, in various combinations by various people, all of them appropriate. Arthur Lubin directed, with Alex Gottlieb as associate producer, Jack Otterson supplying art direction. Timely as a bugle call and sharp as a drill sergeant's whistle, the pic- ture is in the groove of today's interests. Running time, 82 minutes. "G".* Roscoe Williams 99 "Secret Evidence (Producers Releasing Corporation) Hollywood, Feb. 3 TP HIS is a tight little melodrama, revolving around the shooting of an ex-convict, approached from an unusual angle and handled in a way to extract full value from all its situations. It is of the variety of crime mysteries which does not keep the audience in doubt as to who did the shooting but keeps it fretting lest the truth is not going to be discovered by the investigators on the screen in time to save the sus- pect accused by circumstantial evidence. Marjorie Reynolds is the girl in the case, secretary to and sweet- heart of Charles Quigley, seen as the prosecutor assigned to convict her brother, Howard Masters, of shooting the ex-convict, Ward McTaggart. The latter doesn't die but, being in love with Miss Reynolds himself, declines to tell the truth and clear Masters. The courtroom scene in which the prosecutor tricks the ex-convict into clearing up the mysterj is the highpoint and end of the film. Produced by E. B. Derr and directed by William Nigh, the film pre- sents a story of today which holds interest steadily from start to finish Running time, 63 minutes. "G."* Roscoe Williams "You're the One" (Paramount) Hollywood, Feb. 3 WITH the singing of "Oh Johnny" on the radio some while back Bonnie Baker achieved a hold on popularity which, it is plausible to expect, will have the effect of bringing many persons to the theatre to see her in this picture, wherein she sings this and other songs with Orrin Tucker's band. In addition to Miss Baker and Tucker, the picture offers Edward Everett Horton, Albert Dekker, Lillian Cornell, Jerry Colona (of the Bob Hope radio program) and Teddy Hart, among others, as partici- pants in a comedy which has to do with radio, health resorts, bands and related subjects. The picture, in which several musical numbers are introduced between stretches of dialogue and action reminiscent of vaudeville, was directed by Ralph Murphy. It was produced by Gene Markey on a one-picture deal with Paramount. Running time, 81 minutes. "G."* Roscoe Williams ¥"G" denotes general classification. Hold Rites for West Philadelphia, Feb. 3. — Funeral services were held Saturday for J. West Jones, orchestra leader at Fay's, who died last Wednesday at the age of 52 of a heart attack. For the past 16 years, he was also musical direc- tor for the vaudeville shows at Steel Pier, Atlantic City. His widow and a son survive. Lloyd Leaves Metro Philadelphia, Feb. 3. — Richard Lloyd, Metro salesman covering East- ern Pennsylvania and Southern New Jersey, has resigned. He leaves the industry. Lou Formato, former War- ner booker, joins Metro this week and is expected to fill Lloyd's vacancy at a later date. Ted Minsky was named to Formato's place at Warners. 'Tanyard Streef Will Open Tonight "Tanyard Street," play by Louis D'Alton, opens at the Little Theatre tonight with Barry Fitzgerard, Margo and Arthur Shields heading the cast. Jack Kirkland produced the play. 'Miss Bishop^ Los Angeles' Best, $5,600 Los Angeles, Feb. 3. — -"Cheers for Miss Bishop" took a comparatively strong $5,600 at the 4 Star in the sec- ond week. "Trail of the Vigilantes'' and "The Invisible Woman" drew $9,000 at the Hillstreet and the same figure at the Pantages. Estimated takings for the week end- ing Jan. 29 : "Flight Command" (M-G-M) "Michael Shayne, Private Detective" (20th-Fox) CHINESE— (2,500) (33c-44c-55c-75c) 7 days. Gross: $10,500. (Average, $12,500) "Cheers for Miss Bishop" (U. A.) 4 STAR— (900) (44c-55c) 7 days, 2nd week. Gross: $5,600. (Average, $3,250) "Trail of the Vigilantes" (Univ.) "The Invisible Woman" (Univ.) HILLSTREET— (2,700) (33c-44c-55c-75c) 7 days. Gross: $9,000. (Average, $6,500) "Flight Command" (M-G-M) "Michael Shayne, Private Detective" (20th-Fox) LOEW'S STATE— (2,500) (33c-44c-55c-75c) 7 days. Gross: $15,000. (Average, $14,000) "Trail of the Vigilantes" (Univ.) "The Invisible Woman" (Univ.) PANTAGES— (3,000) (33-44c-55c-75) 7 days. Gross: $9,000. (Average, $7,000) "Victory" (Para.) PARAMOUNT— (3,595) (33c-44c-55c-75c) 7 days. Stage: Russ Morgan and His Oches- tra and Fanchonettes. Gross: $13,000. (Average, $18,000) "High Sierra" (W. B.) "She Couldn't Say No" (W. B.) WARNER BROS. (HOLLYWOOD) - (3,000) (33c-44c-55c-75c) 7 days. Gross: $13.- 500. (Average, $14,000) "High Sierra" (W. B.) "She Couldn't Say No" (W. B.) WARNER BROS. (DOWNTOWN) - (3.400) (33c-44c-55c-75c) 7 days. Gross: $14.- 200. (Average, $12,000) 'Story' at $11,000 Big in Minneapolis Minneapolis, Feb. 3. — "Philadel- phia Story" did a big $11,000 at the State and "Behind the News," plus a Sally Rand stage show, drew $12,000 at the Minnesota. Estimated takings for the week end- ing Jan. 31 : "Philadelphia Story" (M-G-M) STATE — (2,300) (28c-39c-44c) 7 days. Gross: $11,000. (Average, $6,000) "Four Mothers" (W. B.) ORPHEUM — (2,800) (28c -39c -44c -55c) 7 days. With Simone Simon, Lorraine & Rognan, Bobby May, Isabel Jewell on stage. Gross: $9,300. (Average, $5,500) "Queen of Destiny" (RKO) (2 days) "The Grapes of Wrath" (Fox) (5 days) WORLD— (350) (28c-39c-44c-55c) 7 days. Gross: $1,200. (Average, $1,600) "Behind the News" (Rep.) MINNESOTA— (4.000) (28c-39c) 7 days. With Sally Rand stage unit. Gross: $12,- 000. (Average, $10,000) "Kitty Foyle" (RKO) CENTURY— (1,600) (28c-44c) 7 days. 2nd week. Gross: $4,000. (Average. $4,000) "Texas Rangers Ride Again" (Para.) GOPHER— (998) (28c) 7 days. Gross: $2,400. (Average. $2,500) "Dancing on a Dime" (Para.) (3 days) "Pier 13" (Fox) (3 days) "The Great Plane Robbery" (Col.) (4 days) "Nobody's Children" (Col.) (4 days) ASTER— (900) (15c-2Sc) 7 days. Gross: $2,200. (Average, $1,800) A practical working tool or every projectionist F. H. RICHARDSON'S BLUEBOOK OF PROJECTION NEWLY REVISED with SOUND TROUBLE CHARTS AND ALPHABETICAL INDEX The newly revised Bluebook does a threefold job: (1) It gives a detailed description of the construction, wiring and functioning of every piece of sound and pro- jection apparatus used in a modern projection room. (2) It gives careful instructions on the operation and maintenance of this equipment. (3) It is a quick and effective trouble-shooter with sound trouble-shooting charts that enable the projectionist to spot and repair sudden breakdowns both in the projection and sound apparatus. The new edition is handy to keep and handy to use, with an alphabetical index system for quick, easy reference. You will find the revised Bluebook the most complete treatise of its kind and a sure solution to every projection problem. ORDER TODAY $7.25 POSTPAID QUICLEY BOOKSHOP ROCKEFELLER CENTER - NEW YORK F.H. Richardson's BLUEBOOK of PROJECTION I — 1 I QUIGLEY BOOKSHOP | | ROCKEFELLER CENTER - - NEW YORK [ Here's my check for $7.25. Please send me a copy of I Richardson's Bluebook of Projection. (Revised Sixth Edition.) Name I Add ress I City State 6 Motion Picture daily Tuesday, February 4, 1941 Feature Reviews "Hatred" (World Pictures) [" IKE so many French films of any consequence, "Hatred," produced in France late in 1939, is rigidly serious. It is a story of discord in the home of a rugged sea captain and his puritanical wife. He respects only the loyalty of his sea-faring cronies. She cannot descend to his level and maintain the dignity which she cherishes. In the final se- quences he suffers a stroke and is taken to sea to die with his friends. Harry Baur brings to the captain's role deep feeling and understanding. His portrayal of the pathetic paralytic is excellent. Gabrielle Dorziat appears as his wife; Pierre Renoir, his superior in the steamship com- pany, and Albert Prejean, his first mate. All are capable. The film ranks with the better French importations but its weighty drama would seem to limit its appeal to the "art" theatre patrons. The story can be followed easily through the English titles. Running time, 70 minutes. "A."* "Personal Column" (Pax Films) HP HIS was produced in France by Jacques Mitwitzky with Maurice * Chevalier, Marie Dea, Pierre Renoir and Erich Von Stroheim play- ing the important parts and with a company of less popular but skillful players in the minor roles. English titles are used with proper effect. Although the efforts to solve the disappearance of a number of young girls form the basic subject, the film is light for the most part with many saucy implications in dialogue and circumstances. A noon audience at the Little Carnegie appeared to enjoy it. The story has Miss Dea, taxi dancer employed by the police answering various personal ads in newspapers, which method, the police believe, was used to lure the victims. Chevalier is a Parisian playboy she encounters in her search. Both are splendid. Chevalier sings in his inimitable style on two occasions. Running time, 89 minutes. "A."* Premature Philadelphia, Feb. 3 J AST week, the local trade held two testimonial din- ners in honor of Cecil Felt, operator of the Bluebird. Be- ing the first man of the Vari- ety and Showmen's Clubs to be drafted, scheduled to leave for camp on Friday, each or- ganization feted him with parties on Tuesday and Thursday evenings, respec- tively. But on Friday Felt "flunked" his final exams and did not go to a training camp after all. As a result, Felt promised to give the two clubs dinners identical to those given him. Divorcement Bill Is Filed in Nebraska Lincoln, Neb., Feb. 3. — Nebraska's legislature this week will consider a bill by E. M. Neubauer, former Or- leans, Neb., exhibitor, prohibiting own- ership or control, in whole or in part, of motion picture theatres in Nebraska by producers and distributors. The bill was on the docket of the 1939 session and was killed in com- mittee hearings. Most seriously affec- ted should the measure make the grade this time will be A. H. Blank's Tri- State Circuit, which is an affiliate of Paramount and J. H. Cooper's Lin- coln Theatre Corp., which also is allied with Paramount. Fox Inter- mountain and Midwest circuits oper- ate several houses in Nebraska. *"A" denotes adult classification. Long Runs Threaten Phila. Product Jam Philadelphia, Feb. 3. — A jam of product is feared by the independent neighborhood exhibitors because of the booking of "Fantasia" into Warners' Aldine, virtually taking a first run house out of circulation for an ex- tended period. Opening Feb. 12, it is expected the Disney film will remain for at least six months with the pos- sibility of continuing for the remain- der of the year. Aggravating the situation that might develop is the return of "Gone With the Wind" at the Stanley, now in its second week and a certainty to re- main downtown beyond the usual num- ber of weeks. The same holds true, it is said, for "Philadelphia Story," now in its third week at the Boyd. Still another factor is "Kitty Foyle." which stayed for three weeks at the Boyd and is currently staying for a third week on a second run at the Keith's. Fight Wisconsin's Daylight Time Bill Milwaukee, Feb. 3. — The Milwau- kee Cooperative Milk Producers' As- sociation voted condemnation of the proposed daylight saving bill now in the legislature, following addresses by L. F. Gran, general manager of Stan- dard Theatres, and Charles W. Trampe, local exhibitor and head of Monogram-Midwest Film exchange. The bill is slated to have a public hearing Thursday before the State and Local Government Committee of the Senate at Madison. The measure would remove from the present state laws all restrictions against the adop- tion of daylight saving time. 40 Pictures Now in Work; Eight Started Hollywood, Feb. 3. — Forty pictures were before the cameras this week, as eight started and five finished. Nineteen are being prepared, and/ are being edited. ^| The tally by studios. Columbia In Work : "They Dare Not Love," "A Girl's Best Friend Is Wall Street." Globe In Work: "Pot O' Gold." Gloria In W ork : "New Wine." MGM Finished: "Roosty." In Work : "Billy the Kid," "A Wo- man's Face." Started : "Blossoms in the Dust," "Love Crazy." Monogram In W ork : "Air Devils." Started: "Sign of the Wolf." Producers Releasing Finished: "Outlaws of the Rio Grande." Paramount In Work : "One Night in Lisbon," "Caught in the Draft," "Men of Ac- tion," "Kiss the Boys Goodbye," "Power Dive." Started : "Skylark." RKO In Work : "The Devil and Miss Jones," "Sunny." Started : "Repent at Leisure," "Rob- bers of the Range." Republic In W ork : "Citadel of Crime," "Sis Hopkins." "The Great Train Rob- bery," "Back in the Saddle Again." Roach Work : "Broadway Limited." 20th Century-Fox In Work: "The Outlaw," "Blood and Sand." Started:- "The Cowboy and the Blonde," "The Great American Broad- cast." Universal Finished: "Mr. Dynamite." Work: "The Flame of New Or- leans," "The Lady from Cheyenne." "The Man Who Lost Himself," "Model Wife," "Oh, Charlie." Warners Finished: "No Hard Feelings," "Strange Alibi." In W ork : "Shining Victory" (for- merly "Winged Victory"), Miss Wheelwright Discovers America," "The Bride Came C.O.D.," "Thirty Days Hath September," "Singapore Woman," "Affectionately Yours." Tax Cut for 3 Phila. Warner Theatres Philadelphia, Feb. 3. — Assess- ment reductions for 1941 in taxable real estate in the central city area, made public by the Board of Revi- sion of Taxes, finds three Warner houses benefiting in the cut. The Aldine was lowered from $593,- 500 to $549,000; the Boyd from $656,000 to $573,000, and the Karlton from $1,003,000 to $980,000. In addi- tion, the Academy of Music, concert hall, was cut from $1,72,300 to $1,025,- 400. A * M * P * A cordially invites all members of the industry to attend another of its famous luncheon meetings THURSDAY, FEBRUARY 6 SUN ROOM— HOTEL EDISON Our guest of honor and speaker on this occasion will be JOSEPH BERNHARD President, Warner Bros. Circuit Management Corporation ROASTM ASTER — Morton Blumenstock PAULINE ALPERT— Whirlwind Pianist of WOR $1.25, including tip, and well worth it! Please be prompt ... we start serving at 12:45 p.m. sharp. Dont forget to save Friday, April 4 AM PA SILVER JUBILEE— RELIEF FUND BENEFIT I Tuesday, February 4, 1941 Motion Picture daily 7 Theatre Changes Brandt Closes Bayside The Bayside, Bayside, L. I., oper- ated by the Brandt circuit, has been closed. Interboro Builds in Flushing The Interboro Circuit has construc- ted a new 599-seat theatre in Flush- ing, L. I. I. •— Open Elmhurst House The Queensboro, Elmhurst, L which has been closed for several years, is now being operated Satur- days and Sundays by Queensboro Theatre Boulevard, Inc. Sloan Takes Jersey House The Franklin, Franklin, N. J., is now a unit of the St. Cloud circuit, of which Alvin Sloan is president. Manages Oswego House Herman Addison of Schine's State, Cortland, N. Y., has been appointed manager of the circuit's new Oswego, Oswego. Take Richmond Hill Unit Prudential Playhouses, Inc., has ac- quired the Jerome, Richmond Hill. Pelham House to Arrid The Pelham Picture House, Pelham, N. Y., has been taken over by the Arvid Theatre Corp., of which Arthur Rescher is head. The theatre was for- merly operated by Lew Brecher. Takes Manhattan Theatre F. G. G. Theatres, Inc., is the new- operator of the Irving Place Theatre, Manhattan. Operate Great Neck Theatre Herbert Scheftel and Alfred G. Burger, heading the Esquire Great Xeck Corp., are now operating the Esquire, Great Neck. Buys Nebraska House Omaha, Feb. 3. — Charles Coryell has purchased the Kozy Theatre at Bassett, Neb., from Mrs. Zula Carl- son, who operated the house for many years. Take Gasconade Circuit Rolla, Mo., Feb. 3. — R. E. Carney has purchased the controlling interest in the Gasconade Theatre Corp., which operates the Rollamo here, and the Lebanon at Lebanon, Mo. Carney and his partners plan to construct another house in Rolla and a second theatre in Lebanon. Close Kansas Theatre Kansas City, Feb. 3.— The Claflin Theatre at Claflin, Kan., which has been operated for several months by the business men of the town, has been closed. Operates Camden Theatre Camden, N. J., Feb. 3— Si Myers has taken over the operation of the Elm, formerly held by the Loew Circuit. Buys Share in Coast House Pleasanton, Cal., Feb. 3.— James G. Hamm has purchased a half- interest in the Roxy Theatre here. Sells California House Fresno, Cal., Feb. 3— Anthony Bou has sold the Rex to G. A. Acosta. Leaves Indiana Theatre Franklin, Ind., Feb. 3. — Howard F. Murphy, manager of the Artcraft Theatre here since 1936, has resigned to go with the U. S. Machine Corp. at Lebanon, Ind. Fahnley Bridges will succeed him here. Lytle Replaces Riley Lima, Ohio, Feb. 3. — Robert Lytle has been promoted from assistant manager to manager of the Warner State, succeeding Donald Riley, who was killed in a recent automobile ac- cident. Leases New Jersey House Acme Theatres, Inc., has leased the Rex at East Rutherford, N. J., from Biro Theatres, Inc., headed by Abe Rotner. Berk and Kromgold negoti- ated the long term deal. The house seats 1,000. Closes Kansas Theatre Kansas City, Feb. 3. — Joe Allard has closed the Tivoli at Louisburg, Kan. Tucker to Commonwealth Kansas City, Feb. 3. — -Ray Tucker, assistant manager of the Fox at Lib- eral, Kan., has joined Commonwealth Theatres as manager of the Ritz, at Garden City, Kan. He succeeds Ernest Nelson, who has answered the draft. Reopen Rochester Embassy Rochester, N. Y., Feb. 3. — E. M. Loew, Inc., has reopened the Embassy here, under the management of Harry Rodman. Named Assistant in Baltimore Baltimore, Feb. 3. — Bertram Yazel is the new assistant manager of Loew's Parkway here. He was trans- ferred from the Capitol in Washing- ton and replaces Dave Marx, resigned. Manages Indiana House Greenfield, Ind., Feb. 3. — Albert England has been named manager of the State here, succeeding Max Page. Reopens at Elnora, Ind. Elnora, Ind., Feb. 3. — William Floerke has reopened the Elnora here. Open Toledo House Soon Toledo, O., Feb. 3. — The new Es- quire Theatre will open here soon. Walter Caldwell, formerly with Loew's, is president and treasurer of Esquire Theatre, Inc. The house seats 1,000. Altec Renews Randforce Randforce Amusement Corp. has renewed with Altec Service for the 42 Randforce houses on Long Island, N. Y. Bert Sanford negotiated for Altec. Handles Formby Film Select Attractions, Inc., has ac- quired from the B.S.B. Film Corp., for release in this country, the George Formby English picture, "It's in the Air," Basil Dean production. The re- lease date is Feb. 28. Acquires French Film Leo Films, Inc., has acquired the remake rights on "Musicians from Heaven" ("Les Musiciens du Gel"), the French version of which, starring Michele Morgan and Michel Simon, will be released in this country shortly. Compiled by THEODORE J. SULLIVAN GUARD AGAINST LOSSES AVOID TAX TROUBLES THIS NEW EASY ACCOUNTING SYSTEM DEVISED EXPRESSLY FOR EXHIBITORS TIME-SAVINC ACCURATE SIMPLE 2 .OO POSTPAID INDIVIDUAL SECTIONS FOR EVERY ITEM ■ Just published for the first time, Theatre Management Record and Annual Tax Register, meets the urgent need of exhibitors for a simplified theatre bookkeeping system. Devised to cover all operating data, the Record enables you to keep a complete and up-to-the-minute account of every phase of your business without any bookkeeping ex- perience. Exhibitors, this accounting system has been compiled expressly for your con- venience. It is designed particularly for your needs and is a self-operating safeguard against losses and tax troubles. Once tried, you will be amazed at its utter simplicity. Order today and take advantage of the special introduc- tory price. QUICLEY BOOKSHOP ROCKEFELLER CENTER NEW YORK 8 Motion Picture daily Tuesday, February 4, 1941 Off the Antenna ENERAL ELECTRIC has received a construction permit for a 50,000- V* watt transmitter for KGEI, San Francisco, short wave station which broadcasts programs to Latin America, Asia, the Antipodes and South Africa. The station will remain non-commercial. It has been broadcasting from Treasure Island but will move to the Fairmont Hotel about May 1. • • • Purely Personal: Leighton H. Blood, formerly publicity representative for Tozvn Hall, has been named trade news editor for NBC . . . Robert S. Gerdy, assistant CBS trade news editor, is in Chicago for a week's vacation. While there, Gerdy will work on a szving music research project . . . Charles Pekor of the NBC publicity department, returned yesterday after a long illness and Aileen Soares, religious editor, is expected back today. • • • David Sarnoff, RCA president, will speak on "New Magic in Com- munications" over NBC-Blue Saturday during the Metropolitan Opera House broadcasts. • • • Three Virginia stations, WSLS, Roanoke; WLVA, Lynchburg, and WBTM, Danville, all Mutual affiliates, have formed the Tri-City Stations Association to act as a cooperative national sales agency. Philip P. Allen is general manager for the group, with Carl B. Ogilvie, of WLVA, heading the sales organization. The association will handle all national accounts as principal rather than as agent and booking and billing will be handled through its offices. • • • Program News: Latest survey figures show "Vox Pop" moving into second place among the quiz shows with "Information, Please" slipping to third place. "Truth or Consequences," which replaced "Information, Please" as the leader a little ivhile back is still up front . . . Philip Morris Cigarettes has renewed "Johnnio Presents" for the fourth time over CBS adding 12| stations for a total of 90 . . . National Lead Co. will sponsor "Answer Auction" over eight Pacific CBS stations beginning Feb. 20 . . . Soil Off Manufacturing Co. will sponsor "Bob Garred, News" over seven Pacific) stations beginning Thursday . . . The first album of "Chamber Music Society of Lower Basin Street" records ivill be is'sued by Victor Feb. 17. • • • Glenn Miller was again voted the best orchestra by listeners of Martin Block's "Make Believe Ballroom" over WNEW. A total of 210,000 votes were cast in the 10th semi-annual survey. Tommy Dorsey was second again, followed by Jimmy Dorsey, Artie Shaw, Bradley-McKinley, Benny Goodman, Sammy Kaye, Charlie Barnet, Vaughn Monroe and Gene Krupa. Same Air Audiences, Latest Ratings Show General popularity of radio programs neither increased nor decreased during the first month of non-Ascap music broadcasting as compared with December, the National Association of Broadcasters declared yesterday after an analysis of the latest Crossley ratings. It was said that 82 pro- grams made gains, 86 had losses and four remained the same. Musical programs fell off four-tenths of one point, collectively, it was reported. Stock Claim Is Filed By Elliott Roosevelt Wilmington, Del., Feb. 3. — Elliott Roosevelt has filed a claim in Chan- cery Court here with the receivers of Transcontinental Broadcasting System, Inc., dissolved Delaware corporation, for $70,000 as holder of 4,000 shares of Class A stock. Chancellor W. W. Harrington ap- pointed Daniel F. Wolcott and Harry H. Stehman receivers for the system on Nov. 12, 1940, and on Dec. 16 ordered all creditors and holders of Class A stock to file their claims. The deadline for such claims is Feb. 20. Joseph Honored at Farewell Luncheon New Haven, Feb. 3. — Friends of Morris Joseph, manager for Universal here for almost 26 years, gathered for a farewell luncheon at Ceriani's Res- taurant just before Joseph's departure today for a permanent residence in Florida. Harry F. Shaw, toastmaster, pre- sented the group gift of a portable typewriter to Joseph. The veteran manager first joined the Universal staff at the old Springfield exchange in 1912, and has served the company ever since. Technicians' Union To Settle Smith Claim Hollywood, Feb. 3. — Members of Sound Technicians Local 695, I. A. T. S. E., will settle the claim of Harold V. Smith, business represen- tative, for $33,000 back pay, with $14,000, it was disclosed today when the results of a referendum were made public. Smith will continue under his current contract, which has three years to run, at his present salary of ap- proximately $1,000 a month. Keegan Film Buyer For United Detroit Detroit, Feb. 3. — Jack Keegan, for many years with Warners, and most recently Warner Theatres district manager in Milwaukee, from which post he resigned several months ago, will become head of film buying for United Detroit Theatres on Feb. 14. The appointment was made by Earl J. Hudson, head of the circuit. Marcus Joins CBS William Marcus has been added to the CBS staff to handle television publicity. British Units Meet On War Problems London, Feb. 3. — The first meeting of the joint committee representing the Cinematograph Exhibitors Asso- ciation and the Kinematograph Rent- ers Society, seeking an amicable solu- tion of theatre problems which have developed because of the war, will be held on Wednesday. The representation of both trade groups on the committee will be equal. Although the meeting is without a formal agenda, it is authoritatively understood that the K.R.S. has a plan ready for presentation. The C.E.A., unofficially aware of the plan, is de- termined not to commit the organiza- tion to acceptance of any plan con- trary to the resolution recently taken at the general council meeting, it is understood. The London C.E.A. Branch, which initiated the protest against the K.R.S. on the war situation, is represented on the committee, and will seek a formula differentiating between thea- tres closed by bombing and those closed because of economic circum- stances. They also will ask that ad- vance bookings be declared null and void in the case of forced closing of a house. Despite the continued bomb- ings, some London houses are re- opening. The C.E.A. and K.R.S. also _ on Wednesday will consider the appoint- ment of a full-time trade expert on the new Army Council Films Com- mittee. Frederick Clive, South Coast theatre manager, is expected to be approved by both trade groups. Plans New Operator Ordinance in Seattle Seattle, Feb. 3. — Differences of opinion between local theatre owners and the operators' union regarding licensing of operators were aired be- fore the Public Safety Committee of the City Council, and a new ordinance soon will be drafted by the committee with the aid of a representative of each of the interested groups. Exhibitors object to the present system whereby the chief of the fire department has sole charge of issuing operators' licenses, and also object to the present requirement that applicants for licenses or renewals must have had at least six months' experience. They request a change in the ordi- nance that will provide for a written examination and a physical examina- tion by a health department doctor as prerequisites for the issuance of a license or renewal. Censor Board Fee Reduced in Kansas Topeka, Feb. 3.— The Kansas board of censorship, because of a financial surplus on hand, has reduced its mo- tion picture censorship fees from $1 to 50 cents per 1,000 feet on all fea- ture and comedy subjects, effective Feb. 1. The rate on educational, scenic and cartoon subjects will remain at 25 cents. Stevenson to 'Eyre' . Hollywood, Feb. 3. — Robert Steven- son has been named by David O. Selznick to direct "Jane Eyre," his next production, the distribution of which has not yet been set. Reynolds Resigns As FCC Secretary Washington, Feb. 3. — John B. Reynolds has resigned as assistant secretary of the FCC to become gen- eral manager of WKWK, new station under construction in Wheeling, W. Va., of which he is part owner. Rey- nolds joined the Federal Radio Com- mission in 1930. He was later ap- pointed assistant secretary and cor ued in that post with the FCC v.^» it was subsequently created. Crosley Is Sued Over Air Patents Cincinnati, Feb. 3. — The Hazel- tine Corp., Jersey City, N. J., has filed seven suits in U. S. District Court here against the Crosley Corp., charg- ing infringement of as many patents, and seeking an injunction, accounting and damages in each suit. Alleged in- fringements cover sound reproducing instruments, peak detectors, automatic control systems, electric coupling sys- tems, low-frequency amplifiers, uni- control signaling systems and amplifier volume controls, which are combined in radio receivers. Cincinnati Club's Trustees Elected Cincinnati, Feb. 3.— Milton Gu- rian, Al Kolitz, Irving Sochin, Nate Levine, William Devaney and Lev Bugie were elected trustees of the Cincinnati Cinema Club at the annual meeting, held in the Variety Club quarters. These trustees reelected Rudolph Knoepfle, Republic salesman, president, and Peter Niland, Columbia salesman, secretary and treasurer. New officers elected were: Mark Cummings, Para- mount salesman, first vice-president, and Joseph McKnight, RKO salesman, second vice-president. Installation of officers will be held at a dinner, Feb. 21. Nominate Five Films For Editing Award Hollywood, Feb. 3. — Nominated for the film editing award of the Academy of Motion Picture Arts and Sciences are "Grapes of Wrath," "The Letter," "Long Voyage Home," "North West Mounted Police" and "Rebecca." The final winner will be selected by a com- mittee of five representatives of the film editors section of the Academy and five representatives of the So- ciety of Motion Picture Editors. Council Starts New Army Training Film Hollywood, Feb. 3. — The Research Council of the Academy of Motion Picture Arts and Sciences has started the second of the Army Signal Corps training films, with Irving Pichel di- recting. The subject deals with per- sonal hygiene. Francescone Rites Held Atlantic City, Feb. 3. — Funeral services were held today for Reynolds Francescone, 26, doorman at the Lyric, who died last Thursday at Atlantic City Hospital of a lingering illness. He was employed at the theatre for 11 years. His parents and two brothers survive. to theWtion Picture Industry First in MOTION PICTURE DAI Ll 808 YORK., »- Y* (6 COPIES* una Impartial \ q» ,49. NO. 25 NEW YORK, U. S. A., WEDNESDAY, FEBRUARY 5, 1941 TEN CENTS De Sylva Gets LeBaron Post At Paramount Will Become Executive Producer on May 1 Hollywood, Feb. 4. — Y. Frank Freeman today announced the ap- pointment of Buddy G. De Sylva as executive producer at Paramount, suc- ceeding William LeBaron, who with- drew from that post yesterday to pro- duce independently for Paramount re- lease. De Sylva has been associate producer at the studio for sev- eral months His first picture, "Caught in the Draft," is now nearing completion. The ap- pointment becomes effective May 1, when LeBaron will be- gin production. Also a producer of legitimate shows, De Sylva now has two successful pro- ductions on Broadway, "Panama flat- tie" and "Louisiana Purchase." An- other, "DuBarry Was a Lady," closed recently. Prior to producing, he wrote songs for Ziegfeld's Follies and George White's Scandals and formed a music publishing company, De Sylva, Brown & Henderson. He also wrote musi- cal productions, including "Hold Everything." His first film productions were "Sunnyside Up" and "Just Imagine," for Fox. He collaborated on or produced numerous other films for 20th Century-Fox, Paramount, Uni- versal and RKO in recent years. 'Back Street' Given Glittering Premiere By SAM SHAIN Miami Beach, Fla., Feb. 4. — This town tonight climaxed an extraordi- nary four-day celebration heralding Universal's "Back Street" with a glit- tering premiere of the picture at the Lincoln and Cameo Theatres, at which 100 members of the press, recruited from around the country, via plane and train, were the star guests. The city turned out in all its splen- dor. Even the weather changed, and cool breezes fanned the town as press, society, show people, civic and gov- ernmental celebrities attended the opening, which was a tremendous suc- cess. Thousands stood outside watching the guests arrive. Tickets were sold out for both theatres far in advance (Continued on page 6) Ascap Not Topic at AFM Miami Session Miami, Feb. 4. — There have been no discussions as yet of the Ascap-BMI controversy at the annual midwinter meeting here of the execu- tive committee of the Ameri- can Federation of Musicians, it was ascertained today. The session, which began last week, has been con- cerned mostly with routine matters and problems con- cerned with social security for musicians, according to James C. Petrillo, president. Indications are that the meet- ing will continue through Friday. Shaw Sees Screen Greatest Medium, Pascal Declares George Bernard Shaw has under- gone a complete change of heart on motion pictures and now believes that the medium is the greatest means of artistic expression in existence, Ga- briel Pascal, producer of Shaw plays for motion pictures, said in an in- terview here yesterday. G. B. S., Pascal said, was con- verted to his new view of films following the production of "Pygmalion," which the British playwright credits with having endeared him to the common people for the first time in his lengthy career. Pascal said that Shaw now is writ- ing an original story for motion pic- tures and devoted considerable time to the rewriting of "Major Barbara" while that work was in production in (Continued on page 5) U.S. Firms Finish Only Nine British Films in 10 Months London, Feb. 4. — The fact that only nine features have been registered un- der the distributors' quota through January, in the first 10 months of the quota year, indicates that the Amer- ican companies are experiencing con- siderable production difficulty. In some cases, it is unlikely that the required number of films will be registered by the end of the quota year on March 31. The problems of war conditions, including the inacces- sibility of stars, directors and the like, also have prevented the carrying through of original plans for many world-market films here. Several of the nine films were double and one was triple quota value. The Government's delay last year in announcing its plans on industry legis- lation and dollar exchange resulted in production delays. The films registered through Jan. 31, are: M-G-M, three; Columbia, (Continued on page 5) Royster Named to Head Netco Circuit Harry Royster, assistant to Leonard H. Goldenson and Sam Dembow in the Paramount home office theatre department, yesterday was appointed to take charge of the company's Netco Theatres in upstate New York, ef- fective March 1. The post has been vacant since the resignation last year of George Walsh. Royster will make his headquarters at Poughkeepsie, N. Y. Eddie Hyman, film buyer for United De- troit Theatres, and assistant to Earl J. Hudson in Detroit, will succeed Royster at the home office. Hyman formerly was associated with the Century Circuit here. i 6 Back Street" [Universal] THE deep tragedy of a fine, but necessarily clandestine, love, one of Fannie Hurst's most notable achievements as a leading novelist, "Back Street," comes again to the screen in a splendidly executed drama. When first it was produced, in 1932, also by Universal, Irene Dunne and John Bowles were in the leading roles. That picture was a tre- mendous success. There is every reason to believe that this new produc- tion of that same powerful story should attain a like position in the hall of the box-office great. It is warm and human, with all the warmth and humanness of life itself, in its more tender — and more tragic — moments. The interpreta- tion of these two demanding roles has been entrusted — most wisely — to Charles Boyer and Margaret Sullavan. With all the skill at the com- mand of both these able performers, they carry their unfortunate story (Continued on page 6) Ascap to Meet Arnold in New Decree Move u. S. Prepared to File Action Today Ascap will renew negotiations with the Government for a consent decree within the next few days by sending a committee of 12 to Washington to meet with Assistant U. S. Attorney General Thurman Arnold as soon as a definite date for a meeting can be arranged. Pending the outcome of the meeting, the Government will not file its projected criminal action against Ascap in Federal court at Milwaukee. The Ascap board of directors yes- terday named the following as a com- mittee to meet with Arnold in Wash- ington at the earliest possible moment : Irving Berlin, Deems Taylor, Otto Harbach, Irving Caesar, Oscar Ham- merstein, Billy Rose, Oley Speaks, Saul Bornstein, Walter Fischer, Gene Buck, John G. Paine and E. C. Mills. Arnold was away from Washington yesterday so no arrangement for a meeting could be made, but it is ex- pected that one will be arranged be- tween now and Monday. The main purpose of the meeting is to give the Department of Justice officials the views of Ascap's profes- sional and business members on the practical effects of the Government's decree demands on their operations. Ascap quarters believe that the De- partment does not realize the drastic effect its proposals would have on composers and publishers and hopes, by the proposed discussion, to have (Continued on page 5) Warners to Raise Philadelphia Scale Philadelphia, Feb. 4. — In order to realize the greatest amount of rev- enue when the houses carry peak loads, Warner theatres here will raise admission prices in certain situations for Saturday and Sunday, especially for the matinees. Making adjustments in the price differential in a particular neighbor- hood rather than as a general policy for the circuit, the weekend admission prices will be raised up to five cents and in some situations balcony prices will be discontinued. Only a dozen houses will be affected at the start. The increases now are considered ex- perimental. 2 MOTION PICTURE DAILY Wednesday, February 5, 1941 Personal Mention 'Liberty Jones' to Open Here Tonight "Liberty Jones," a play with music by Philip Barry, will be presented at the Shu- bert tonight by the Theatre Guild. John Beal and Nancy Coleman have the leading roles. Urge Billboard Ban Along Pa, Highways Pittsburgh, Feb. 4. — "State agen- cies should seek legislation that will give them more regulatory power over roadside conditions," The Press de- clared in an editorial supporting the program of the Pennsylvania Depart- ment of Commerce Planning Board to eliminate billboards along the high- ways. More than 400 advertising struc- tures have already been removed as a result of the department's program to beautify roadsides. Because of its many small cities, western Pennsyl- vania highways are dotted with bill- boards, many of them advertising theatre attractions. 3 Companies Formed Albany, Feb. 4. — Three new com- panies incorporated here include : Sun- shine Productions, Inc., by Hugo Pol- lock, Frank M. Hill and Sara Himel- farb, New York ; Jeffrey Pictures Corp., by Ben B. Lifflander, Herbert Cohen and Henriette Basof, New York, and Film Enterprises, Inc., by Edward H., Edward L., and G. H. Moore, Floral Park, N. Y. EDWARD A. GOLDEN is here from the Coast for two weeks of business conferences. • C. A. Kirby of the Universal for- eign department left last night for St. Augustine, Fla., for a vacation of several weeks. • J. J. Murdock, former Orpheum Circuit executive, returned yesterday from a six-week visit on the Coast. • Austin Keough, Paramount gen- eral counsel, who was prevented by illness from attending the company's Latin American sales meeting in Panama this week, plans to leave Saturday for a vacation of several weeks in the South. • A. W. Smith, Jr.. Antoinette Perry, Harry Goetz, Marcus Hei- man, Adolph Zukor, Barney Bala- ban, Austin Keough, Russell Hol- m an, George Weltner, Sidney Phillips, Elmer Rice, Arthur Krim, Brock Pemberton, John Golden, Arthur Loew, William Melniker and Otto Preminger at Sardi's yesterday for lunch. • Irving Lesser, Charles Stern, Irving Berlin, J. J. Milstein, Arthur Gottlieb and Hal Horne lunching at Lindy's (51st St.) yester- day. • Stanley Hand, staff representative of Altec Service, has returned from a vacation at Miami Beach. LEONARD GOLDENSON, thea- tre operations executive for Para- mount, will leave at the end of the week for a brief stay in Miami. • Moe Iushewitz, public relations man for Local 306, has returned to work after recovering from an opera- tion. • Jack Le Vien of the Pathe News contact department, has been ordered to active duty with the Second Armored Division at Fort Benning, Ga. • Fred McConnell, Mack Littman, Maurice Bergman and Walter Futter having lunch yesterday at the Tavern. • Edward Fitzgerald, assistant booker at the Paramount New Haven ex- change, has resigned for Army duty at Fort Blanding, Florida. Louis Posner has replaced him. • David E. Milgram, Affiliated Thea- tres circuit head ; Lewen Pizor, LTnited M.P.T.O. president, and George E. Schwartz, Universal branch manager, are among the Phila- delphia industry members headed for Florida. • Ben Zimmerman, manager of Wil- liam Goldman's 56th St. Theatre, Philadelphia, is recovering from an appendix operation at the Temple Universitv Hospital. • Lawrence Mulhall, district man- ager of Warner theatres outside of Philadelphia, has been ordered to Ft. Bragg, N. C. He is a captain in the reserve corps. • Harry Brown, Monogram man- ager in Washington, has left for a short vacation in Florida, following his recent recovery from the flu. • Sidney Lust, operator of a circuit in and about Washington, will leave this weekend for a Florida vacation. • William Brown, manager of the Park in Worcester, Mass., is the father of a daughter, born to Mrs. Brown several days ago. • Morris Rosenthal, manager of the Majestic, Bridgeport, Conn., is ill with a throat infection. • Charles C. Moskowitz, Eugene Picker, Marvin Schenck, Irving Shapiro and Arche May'er at Lindy's (next to the Rivoli) for lunch yesterday. • Phil Engel, Eastern district ex- ploiteer for Warners, is in Rochester. • Oscar A. Doob, Edward Saunders, Ralph Austrian, David Levy, E. K. O'Shea, Harry' Brandt and Lou Dreyfus lunching yesterday at Nick's Hunting Room in the Astor. Shoot Your Next Film at Edison Motion Picture Studio NEW YORK'S FINEST Large and small sound stage — Latest equip- ment — Rehearsal rooms — Private projection theatre — Executive offices — Conveniently located MODERATE RATES Phone CHickering 4-8116-7-8 Newsreel Parade O PORTS came in for more than O the usual share of attention in the midzi'eek issues of all the newsreels, as the camera zvas focussed on a va- riety of miscellaneous events con- cerned with defense and other domes- tic matters. The contents of the reels; jpf MOVIETONE NEWS, NO. 43 - dent's Birthday Ball in Washington and New York. Lloyds of London continues to function — but underground. English women work in heavy industries. Pan-American Airways trains army pilots in Miami. 70- ton bomber under construction in California. Millrose Games. Famous stallion brought from Australia for breeding. Speed skating at Schenectady. Golf tournament in Miami. NEWS OF THE DAY, No. 241— Lloyds of London operates underground. Dixie hails peanut queen. Coast guard frees ice- bound boat in New York. Marines pro- mote their mascot. President's Birthday Ball. Miami-Biltmore golf tournament. Table tennis tourney in Washington. Stallion brought here from Australia. Mill- rose Games. PARAMOUNT NEWS, No. 46— Mercy ship sails from Baltimore. Fred Bate, NBC commentator, home from London. Troop train wrecked in Mississippi. Rush Puerto Rican defenses.- War and Navy De- partment employes under scrutiny. F.B.I, agents listen in on foreign broadcasts. Dies Committee shows material sent through mails. Golden Gate Turf Club opens in California. Horse racing on ice at Derry, N. H. Miami-Biltmore golf tourney. Table tennis in Washington. Annual sportsmen's show in Boston. RKO PATHE NEWS, No. 46— U. S. cele- brates President's Birthday. NBC report- er Fred Bate, back from London. Troop train wrecked in Mississippi. World's largest bomber nearly ready in California. Table tennis tournament in Washington. St. Paul Winter carnival. Peanut queen selected in Virginia. Marine mascot pro- moted to sergeant. Millrose Games. Gold- en Gate Turf Club opens in California. UNIVERSAL NEWSREEL, No. 951— President's Birthday Ball. Troop train wrecked in Mississippi. Marines promote their mascot. St. Paul Winter carnival. Millrose Games. Table tennis in Washing- ton. Horse racing on ice at Derry N. H. Golf tourney in Folrida. Golden Gate Turf Club opens. RKO Fails to Take Action on Preferred RKO yesterday announced that the board of directors of the company has decided to take no action on a dividend for the final 1940 quarter on the company's six per cent preferred stock. As of Jan. 31, dividends accu- mulated and unpaid 'on the stock amounted to $6 per share. MOTION PICTURE DAILY (Registered U. S. Patent Office) Published daily except Saturday, Sunday and holidays by Quigley Publishing Company, Inc., 1270 Sixth Avenue, Rockefeller Center, New York City. Telephone Circle 7-3100. Cable address, "Quigpubco, New York." Mar- tin Quigley, Editor-in-Chief and Publisher; Colvin Brown, Vice-President and General Manager; Watterson R. Rothacker Vice- President; Sam Shain, Editor; Alfred L. Finestone, Managing Editor; James A. Cron, Advertising Manager; Chicago Bureau. 624 South Michigan Avenue, C. B. O'Neill. Manager; Hollywood Bureau, Postal Union Life Building, William R. Weaver, Editor; London Bureau, 4 Golden Square, London Wl, Hope Williams, Manager, cable address "Quigpubco, London." All contents copy- righted 1941 by Quigley Publishing Com- pany, Inc. Other Quigley publications: Motion Picture Herald, Better Theatres, International Motion Picture Almanac and Fame. Entered as second clast matter, Sept. 23, 1938, at the post office at New York, N. Y., under the act of March 3. 1879. Subscription rates per year $6 in the Americas and $12 foreign. Single copies 10c. California AMERICAN'S SOUTHERN SUNSHINE ROUTE it Five American Flagships daily take you along the Southern route across Virginia, Tennessee, and through the sunshine of Texas and Arizona to Los Angeles and the Pacific Coast. Save days of time, enjoy every minute of your trip. For reservations, call your Travel Agent or HAvemeyer 6-5000. Ticket Offices : 18 W. 49th St. at Rockefeller Center and Airlines Terminal, 42nd Street at Park Avenue. AMERICAN AIRLINES * ROUTE OF THE FLAGSHIPS M I R R 0 R Damon Runyon's The Brighter Side =j Re*. XT. S. Pat. Off. Copyright, 1941, King Features Syndicate, Inc. Distributed by International News Service. In a middling-sized city the other day at two mo ^veatres showing "Gone With the Wind" at popularpfices Ppey had ropes up keeping the crowds in line. Werare U that the same situation exists wherever they^are putting.:; on the picture for its second run and this^JrV^tWnJ^ should be a fine object lesson to the movie ma^cers^wno occasion- ally become pessimistic over the futtfre opine cinema. If they give us cash customers e^uine^htertainment, we will do the rest, now and through the years tp^come. That is all "Gone With the Wind" is — entertainment. IHs just an enthralling story told in the best manner of the screen. It has already hung up a new record for money grossed and this in a time when the world market is not what it used to^be and before it is finally laid away on the shelf it will probably play to more cash customers and conse- quently more money than any half dozen pictures in the history of the industry combk "Gone With/fehe Wind" is now an oldie as the age of pictures go. It has played/all the big first run cities at advanced prices, and to jammed houses. You would have thought it must have absorbed all/ the trade possible to one picture, because even the cash customer who are usually content to wait until an offering gets down to the lower levels at the box office stretched a financial point to see it. But here it is doing a land office business all over again, ancl we suspect that some of this business is repeat stuff. ■L M ~ THAT IS, many cash customers who saW "GWTW" before are seeing it again, which is a further tribute to its entertainment value, especially when it is playing against numerous new pictures. We personally . welcome the return of the/picture because we know it will prove an antidote to a severe attack of screen poisoning that we sustained recently. One* of those /Sad message pictures that come out of Hollywood in cycles leaped out on us in a theatre not long ago and bit us. The result was a spell of deep depression and complete lassitude toward all suggestions of theatre going. A victim of screen poisoning, which is a malady peculiar only to cash customers, can scarcely abide the thought of seeing another picture for awhile. It produces dark thoughts of vengeance against the makers of the picture. Sometimes a victim has been known to sit brooding for hours at a stretch wondering where he might find the producer and the director and the authors and even the per- formers and give them what-for. THE CONDITION is usually only temporary, as in our case, and can be promptly cured by something like "GWTW." We have already seen it three times, which is quite a job of seeing if you recall the lnegth of the picture. That is not a record with us, however. We think we have seen "Birth of a Nation," counting revivals and all at least half a dozen times and we gave the Disney short, "Three Little Pigs," our business on no less than ten different occasions. It might be argued that "GWTW" is a sort of freak in the picture business the like of which will never be seen again and that it cannot be used as a yardstick on pictures generally. We do not think this is true. We think that any picture with the same entertainment value would do the same business. We think this picture is definite proof that the movie makers have just scratched the box office possibilities of their game. When they stick to entertainment and entertainment only they are sure to be rewarded. The old gag still holds true — "There is nothing wrong with the pictures that a few good pictures will not cure." BUT THERE REMAINS among the picture makers and espe- cially, we think, the directors, that same curious misapprehension as to what constitutes entertainment value that has prevailed since the inception of the industry. We find it in the gloomy message cycles that produce the screen poisoning among the cash customers and in the arty efforts which win the encomiums of the critics but which are not entertainment within the purview of the cash customers, "GWTW" should be run at least once a week in Hollywood for years to come and all directors required to be present at every showing, with some representative of us cash customers announcing to them at intervals: "See, boys, that is what we mean." 4 Motion Picture Daily Wednesday, February 5, 1941 RKO to Start Work on 8 New Pictures This Month Hollywood, Feb. 4. RKO has two pictures shooting and preparations for launching eight features within the month. The films, four of which will be high budget affairs, are: "Before the Fact," directed by Alfred Hitchcock and co-starring Cary Grant and Joan Fontaine and featuring Nigel Bruce and Dame ~ May Whitty ; "My Life with Caro- line," Willl^m Hawks production starring Ronald Colman and directed by Lewis Milestone; "Tom, Dick and Harry," starring Ginger Rogers and featuring George Murphy, Alan Marshall and Burgess Meredith, with Garson Kanin directing and Robert Sisk producing. Also, "Repent at Leisure," co-star- ring Wendy Barrie and Kent Tay- lor with Frank Woodruff directing and Cliff Reid producing ; "Para- chute Squadron," service story of U. S. Army parachute troop training to be produced by Howard Benedict; "The Devil and Daniel Webster," from the Stephen Vincent Benet novel, to be produced and directed by Wn> liam Dieterle, with Thomas Mitch- ell; "How to Meet a Man," to be produced by Gene Towne and Gra- ham Baker ; "Robbers of the Range," Tim Holt western with Virginia Vale, Ray Whitley and Emmett Lynn supporting, Edward Kiley di- recting and Bert Ghroy producing. Republic "Back in the Saddle Again." Smiley Burnette and Mary Lee will support Autry again. Lew Landers will direct and Harry Grey act as associate producer . . . "Forced Landing" will be the second of the three aviation action stories to be made by William Pine -William Thomas' Producers Corp. of America for Paramount release. Edward Churchill and Max- well Shane, who wrote the original, will do the screenplay. • • Sol Lesser is seeking a new title for "Strange Victory," which will star Martha Scott. . . . "Ellery Queen's Penthouse Mystery" will be the title for Columbia's second Ellery Queen story. Warners has changed the title of "She Stayed Kissed" to "Kisses for Breakfast," and of "Winged Victory" to "Shining Victory." . . . Wayne Morris and Arthur Kennedy go into the cast of "Mother's Boys," and John Qualen into "The Gentle People," both at Warners. 'Philadelphia' Chicago Lead With $20,000 Chicago, Feb. 4. — "Philadelphia Story" took $20,000 at the United Ar- tists. "Second Chorus," at the Chicago with a stage show drew $40,000. "Kitty Foyle" pulled $12,000 in the fifth week at the Palace. Estimated takings for the week end- ing Jan. 31 : "Comrade X" (M-G-M) APOLLO — (1,400) (35c-55c-75c) 7 days, 3rd week. Gross: $5,500. (Average, $6,500; "Second Chorus" (Para.) CHICAGO— (4,000) (35c-55c-75c) 7 days. Stage: Folies Bergere Unit. Gross: $40,000. (Average, $32,000) "Santa Fe Trail" (W. B.) GARRICK— (1,000) (35c-55c-75c) 7 days, 2nd week. Gross: $5,000. (Average, $5,000) "Ellery Queen" (Col.) ORIENTAL — (3,200) (25c-40c) 7 days. Stage: Mitzi Green, Larry Adler, Bob Zurke, Peggy Bernier, Milton Watson. Gross: $19,000. (Average, $13,000) "Kitty Foyle" (RKO) "Saint in Palm Springs" (RKO) PALACE — (2,500) (35c-40c-60c) 7 days, 5th week. Gross: $12,000. (Average, $13,000) "Hudson Bay" (20th-Fox) ROOSEVELT— (1,500) (35c-55c-75c) 7 days. Gross: $8,000. (Average. $11,000) "A Night at Earl Carroll's" (Para.) STATE-LAKE — (3,700) (25c-40c) 7 days. Stage: Cab Calloway Orchestra. Gross: $18,000. (Average. $15,000) "Philadelphia Story" (M-G-M) UNITED ARTISTS— (1,700) (35c-55c-75c) 7 days. Gross: $20,000. (Average, $14,000) 'Wind' Kansas City Winner at $23,500 Kansas City, Feb. 4. — With bad weather houses here did barely aver- age business. The exception was the Midland, where "Gone With the Wind" grossed a smash $23,500 at slightly increased admissions. Estimated takings for the week end- ing Jan. 28-30 : "Tall, Dark and Handsome" (ZOth-Fox) ESQUIRE— (800) (28c-44c) 7 days. Gross: $1,500. (Average, S2,200) "Gone With the Wind" (M-G-M) MIDLAND — (4,000) (40c-56c) 7 days. Gross: $23,500. (Average, $9,500) "Second Chorus" (Para.) NEWMAN — (1,900) (28c-44c) 7 days. Gross: $7,000. (Average. $7,000) "Santa Fe Trail" (W. B.j "She Couldn't Say No" (W. B.) ORPHEUM — (1,500) (28c-44c) 7 days. Gross: $4,900. (Average, $5,000) "Six Lessons from Madame La Zonga" (Univ.) TOWER — (2.200) (30c) 7 days. Stage: Jack Major, Pedro & Rafael. Jeanne Kirk & Harry Clayton. Gross: $6,000. (Average. $6,000) "Tall, Dark and Handsome" (20th-Fox) UPTOWN— (2,000) (28c-44c) 7 davs. Gross : $2,200. (Average, $3,000) 'Mothers' Garners $5,000 in Montreal Montreal, Feb. 4. — "Four Mothers" took $5,000 at the Capitol. "Comrade X" drew $7,000 in the second week at Loew's. Estimated takings for the week end- ing Jan. 31 : "The Thief of Bagdad" (U. A.) ORPHEUM— (1,000) (30c-43c) 7 days, 5th week. Gross: $2,500. (Average. $4,000) "Comrade X" (M-G-M) LOEW'S — (2,900) (30c-40c-60c) 7 davs, 2nd week. Gross: $7,000. (Average $7,000) "Flight Command" (M-G-M) PALACE— (2,200) (25c-45c-65c) 7 days, 2nd week. Gross: $4,500. (Average, $7,000) "Four Mothers" (W. B.) "The Case of the Black Parrott" (W. B.) CAPITOL— (2,800) (25c-45c-55c) 7 days. Gross: $5,000. (Average. $4,000) "South of Suez" (W. B.) "She Couldn't Say No" ((W. B.) PRINCESS— (2.200) (25c-40c-50c) 7 days. Gross: $3,500. (Average, $2,500) Harry Darmour has signed War- ren Hull to star in the serial, "The Spider Returns," for Col- umbia release. To be directed by James Home, the film will be a sequel to "The Spider," chapter- play made by Darmour some time ago. . . . Paramount this week an- nounced Anne Shirley would be starred in "Little Miss Muffett," story of a West Point cadet's love affair; and that Albert Dekker would play in a new horror story, "Among the Living," by Lester Cole and Brian Marlow. • • Preston Foster has been loaned by Paramount to Universal for Greg- ory LaCava's "Unfinished Business." . . . Joan Leslie sixteen-year-old ac- tress, will play the feminine lead op- posite Gary Cooper in Warners' "Ser- geant York," expected to get under way this week. . . . Second feminine lead in the William Powell-Myrna Loy vehicle, "Love Crazy," at M-G-M, goes to Gail Patrick. . . . Warners has given new contracts to Regis Toomey, Willie Best and Lucile Fairbanks. • • Stirling Hayden will be Dorothy Lamour's co-star in Paramount's "Dildo Cay." . . . Harry Sherman has made Cecile Kramer his story de- partment head. . . . Columbia has set Kan Grey and Alan Baxter in "Under Age," described as a story of a blackmail ring operating behind a cross-country chain of hotels. Ed- ward Dmytryk will direct under the production supervision of Ralph Cohn. . . . RKO has extended the con- tracts of Irving Reis, director, and Kent Taylor. . . . Eddie Bracken draws the comedy lead in "Birth of the Blues," Bing Crosby's next picture. • • Jacqueline Wells, borrowed from Warners, plays the feminine lead in the next Gene Autry picture at Republic has purchased "Jason, the Bucket," a light comedy original by Frances Cockrell, and "Cinderella in Washington," original by Joseph Poland. ... J. Carrol Naish goes into 20th Century-Fox's "Blood and Sand." . . . David Hempstead has been assigned the production reins on the Ben Hecht story that RKO has purchased. . . . Peter Lorre and Flor- ence Rice have been set for "Mr. District Attorney" at Republic. Managers Shifted By Pioneer Circuit Des Moines, Feb. 4. — Max Factor formerly connected with the Pioneer Theatre Corp., office at Minneapolis, Minn., has come here as manager and booker for the company in the Des Moines territory. Changes in management of the Pioneer houses in this territory, fol- lowing the resignation of Marion Parkinson, manager of the Spencer at Spencer, Iowa, follow : Art Farrell, manager of the Rapids at Rock Rapids, Iowa, has been transferred to Atlantic to manage the Iowa and Grand; Lee Beckley, manager of the Fraser at Spencer, will manage the Iowa and Rapids at Rock Rapids ; Gordon McKinnon, manager of the Perry at Perry, goes to Spencer to manage the Fraser and Spencer, and Cliff Lindblatt, formerly manager of the Iowa and Grand at Atlantic, will go to Perry to manage the Perry and Fox. Vetoes Game Ordinance Masshlon, O., Feb. 4. — An ordi- nance recently passed by City Council which would license chance games and similar "trade stimulants" at theatres, was vetoed by Mayor Harry W. Larsh, who declared that the measure permitted persons to register without actually attending the theatre, and this, he charged, was engaging in a lottery. Frisco Gives Big $23,000 to 'Philadelphia' San Francisco, Feb. 4. — "Philadel- phia Story" drew $23,000 at the Fox, paired with "Jennie," and "Kitty Foyle" took $19,500 at the G^en Gate. The weather was good. - Estimated takings for the week Wid- ing Jan. 28-31 : "Kitty Foyle" (RKO) GOLDEN GATE — (2,850) (35c-40c-55c) 7 days. Stage: vaudeville. Gross: $19,500. (Average, $15,000) "Philadelphia Story" (M-G-M) "Jennie" (20th-Fox) FOX — (5,000) (15c-35c-40c-50c) 7 days. Gross: $23,000. (Average, $16,000) "Comrade X" (M-G-M) "Romance of the Rio Grande" (20th-Fox) ST. FRANCIS— (1,400) (15c-35c-40c-50c) 7 davs, 3rd week. Gross: $5,500. (Average. $6,000) "This Thing Called Love" (Col.) "Ellery Queen, Master Detective" (Col.) ORPHEUM — (2,440) (15c-35c-40c-50c) 7 days, 3rd week. Gross: $10,000. (Average, $8,000) "Capt. Caution" (U. A.) UNITED ARTISTS— (1,200) (15c-35c-40c- 55c) 7 days. Gross: $7,800. (Average, $8,- 000) "Four Mothers" (W. B.) "She Couldn't Say No" (W. B-) PARAMOUNT— (2,740) (15c-35c-40c-50c) 7 days. Gross: $10,500. (Average, $11,500) "Victory" (Para.) "Case of the Black Parrot" (W. B.) WARFIELD— (2,680) (15c-35c-40c-50c) 7 days. 2nd week. Gross: $11,500. (Average, $12,000) "This Is Ireland" (Irish- American) CLAY— (400) (15c-35c-45c) 7 days, 5th week. Gross: $600. (Average, $1,000) 'Wind' Strong in St. Louis, $18,500 St. Louis, Feb. 4. — "Gone With the Wind," again led the city in its second week at the Loew's State with $18,500. "Kitty Foyle" took $14,000 at the Am- bassador. Estimated takings for the week end- ing Jan. 30: "Gone With the Wind" (M-G-M) LOEW'S STATE— (3,162) (44c-56c) 7 days, 2nd week. Gross: $18,500. (Average, $13,- 000) Kitty Foyle" (RKO) "The Saint in Palm Springs" (RKO) AMBASSADOR— (3,408) (28c-39c-44c-56c) 7 days. Gross: $14,000. (Average, $11,500) "Santa Fe Trail" (W. B.) FOX— (5,000) (30c-40c-50c) 7 days. "Truth or Consequence" on stage. Gross: $14,000. (Average, $11,000) "Love Thy Neighbor" (Para.) "This Thing Called Love" (CoL) MISSOURI— (3,182) (30c-40c-50c) 7 days. Gross: $6,000. (Average, $4,000) "The Barnyard Follies" (Rep.) "Case of the Black Parrot" (W. B.) ST. LOUIS— (4,000) (25c-35c) 7 days. Gross: $2,500. (Average, $2,600) 'Comrade Xy Draws $9,100, Tops Omaha Omaha, Feb. 4. — "Comrade X," dualed with "Haunted Honeymoon," grossed $9,100 at the Omaha. A 12- inch snow and cold over the weekend hurt business. Estimated takings for the week end- ing Jan. 29-30: "Arizona" (Col.) "Always a Bride" (W. B.) BRANDEIS— (1,200) (30c-40c-44c) 7 days, 2nd week. Gross: $3,200. (Average, $4,000) "Comrade X" (M-G-M) "Haunted Honeymoon" (M-G-M) OMAHA— (2,000) (30c-44c) 7 days. Gross: $9,100. (Average, $6,000) "Maisie Was a Lady" (M-G-M) ORPHEUM — (3,000) (40c-55c) 7 days. Stage: Andrews Sisters, Three Stooges, Joe Venuti orchestra. Gross: $14,100. (Average, $13,000) Wednesday, February 5, 1941 Motion Picture Daily 5 Ticket Agency Pittsburgh, Feb. 4 TI7 HEN the line for "Gone rr With the Wind" at Loew s Penn stretched a block and a half from the boxoffice, an enterprising newsboy began to buy admissions in strips of 10, at 40 cents each, then started to peddle them for 60 cents to people farthest from the door. After successfully •"orking his scalp a few times -folks more willing to pay «^ premium price than stand in line, Manager Martin Bur- nett discovered the stunt and advised one of the policemen on the beat. The impromptu ticket agency was informed by the bluecoat to quit or else. He quit. U.S. Firms Finish Only Nine British Films in 10 Months {Continued from page 1) one; Warners, two; United Artists, one ; RKO, two ; Paramount, one ; 20th Century-Fox, none. Warners have two others as yet not shown, and 20th Century-Fox has one multi- ple quota film and one single not yet shown. At a meeting of the general council of the Cinematograph Exhibitors Association next week at Nottingham, the British film shortage will be dis- cussed, and the council is expected to be empowered to bring pressure to | seek a reduction in the exhibitors quota. A meeting tomorrow has been called [ by the British Board of Trade. Re- quested to attend the session are : the . president and secretary of the C.E.A. ; Maurice Ostrer, Michael Balcon and Fred Baker, producers ; Tom O'Brien and George Elvin, labor. The fact that no American representatives and no distributors have been invited leads to the belief that the C.E.A. appeal for a reduction of the exhibitors quota will be discussed. Republic Acquires Franchise in Dallas James R. Grainger, president of Republic, announced on his return from Dallas yesterday that Republic had completed negotiations to pur- chase the interests of W. G. Under- wood and C. C. Ezell in the Dallas Republic franchise for the Texas ter- ritory. Lloyd Rust will continue as man- ager of the Republic exchange in Dallas and there will be no changes in the personnel. Underwood and Ezell will devote their entire time in the future to their theatre interests. Warners Buys 'Arsenic' Hollywood, Feb. 4. — Warners to- day announced the purchase of "Arsenic and Old Lace," current Broadway play by Howard Lindsay and Russel Crouse. 'Back Street' to Rivoli "Back Street," Universal film, will follow "Kitty Foyle" into the Rivoli on Broadway, opening next Tuesday evening. Appeal Board Offices Set HEADQUARTERS for the national arbitration appeals board for the film industry will be established on the 12th floor of the RCA Building, Rockefeller Center, about Feb. 15. A lease for the offices and hearing room for the board was signed yesterday. The three appeals board members, Van Vechten Veeder, chairman ; George W. Alger and Albert W. Putnam, will have quarters in the Bar Association Building until then. The appointments of Alger and Putnam to the board were made by Federal Judge Henry W. Goddard on Monday. No complaints have been filed with any of the 31 local arbitration boards since their opening last Saturday, American Arbitration Asso- ciation headquarters reported here last night. However, numerous applications for complaint forms have been made, including about 25 locally, and this is interpreted by the A. A. A. as an indication that the first complaints may be filed within the next week. ' Local arbitration panels are being completed for the 31 boards this week and the names of the arbitrators will be made public thereafter. George Alger Albert Putnam Ascap to Capital in New Decree Move (Continued from page 1) those demands so modified that ac- ceptable decree terms could be agreed upon, thus avoiding the threatened legal action against the society. U. S. Ready to File Milwaukee Action Washington, Feb. 4. — Depart- ment of Justice officials tonight pre- pared to file a criminal information against Ascap in Federal court at Milwaukee at 11 A. M. tomorrow un- less arrangements for further settle- ment negotiations are concluded with the society at once. The Department originally planned to file its action against Ascap Mon- day but granted a 48-hour truce pend- ing the reopening of further negotia- tions. That deadline will expire to- morrow morning. Hyman Is Here for 'Feeling' Premiere Louis Hyman, general manager of Sol Lesser-Ernst Lubitsch Prod., ar- rived from the Coast yesterday to ar- range for the premiere here of "That Uncertain Feeling," Lubitsch's new production. Hyman said Lesser plans to start production March 1 on "Strange Vic- tory," his next for United Artists' release. Lubitsch will come to New York in April for the opening of his picture at the Music Hall and will look for material for his next produc- tion while here, Hyman said. Heads Bookers Club Cincinnati, Feb. 4. — Joe Goetz, as- sistant division manager of RKO, was reelected president of the Cincinnati Bookers Club for the sixth consecu- tive term. James Burnetti, Warner booker, again was chosen secretary and treasurer. 'Philadelphia' at $11,000 in Detroit Detroit, Feb. 4. — Bad weather cut into theatre receipts with average grosses the general result. "Philadel- phia Story" and "Maisie Was a Lady" took $11,000 at the United Artists. "Arizona" and "Where Did You Get That Girl" did $6,500 at the Adams. Estimated takings for the week end- ing Jan. 31 : "Arizona" (Col.) "Where Did You Get That Girl?" (Univ.) ADAMS — (1,600) (15c-39c-44c-55c) 7 days. Gross: $6,500. (Average, $5,500) "The Letter" (W. B.) "You'll Find Out" (RKO) FISHER— (2,700) (15c-39c-44c-55c) 7 days. Gross: $6,800. (Average, $7,000) "Chad Hanna" (zOth-Fox) "Tall, Dark and Handsome" (20th- Fox) FOX— (5,000) (20c-44c-55c-65c) 7 days. Gross: $15,000. (Average, $15,000) "Come Live With Me" (M-G-M) "Tugboat Annie Sails Again" (W. B.) MICHIGAN— (4,000) (15c-39c-44c-55c-65c) 7 days. Gross: $12,000. (Average, $12,000) "Flight Command" (M-G-M) "Keeping Company" (M-G-M) PALMS— (3,000) (25c-39c-44c-55c) 7 days. Gross: $7,000. (Average, $7,000) "Philadelphia Story" (M-G-M) "Maisie Was a Lady" (M-G-M) UNITED ARTISTS— (2,000) (25c-39c-44c- 55c) 7 days, 3rd week. Gross: $11,000. (Average, $10,000) 'Wind' with $6,100 Leads New Haven New Haven, Feb. 4. — "Gone With the Wind," in its second week at the College, drew $6,100 at the Roger Sherman. "Kitty Foyle" and "The Case of the Black Parrott" took $7,- 500. The flu epidemic hurt grosses. Estimated takings for the week end- ing Jan. 30 : "Gone With the Wind" (M-G-M) COLLEGE-(l,499) (40c-S5c) 7 days, 2nd week. Gross: $6,100. (Average, $2,700) "Chad Hanna" (20th-Fox) "Maisie Was a Lady" (M-G-M) LOEW-POLI— (3,040) (39c-50c) 7 days. Gross: $6,500. (Average, $8,000) "Life With Henry" (Para.) "Texas Rangers Ride Again" (Para.) PARAMOUNT— (2,348) (39c-50c) 7 days. Gross: $3,500. (Average, $4,000) "Kitty Foyle" (RKO) "Case of the Black Parrot" (W. B ) ROGER SHERMAN— (2,200) (39c-50c) 7 days. Gross: $7,500. (Average, $5,000) Shaw Sees Screen Greatest Medium, Pascal Declares (Continued from page 1) England recently. Pascal said this latter work revealed Shaw as the greatest living scenarist — "a master writer with a perfect 'camera mind.' " The producer, who arrived this week from Europe and who will re- main about two months for the pre- miere of "Major Barbara," said he would continue to produce Shaw plays exclusively. He expects to produce two a year for United Artists' release. His next will be "The Doctor's Dilemma," to be produced in England if the war continues, or "The Devil's Disciple," which would be produced in Hollywood if the war ends this year. The latter could not be made in England under wartime conditions, he said, and, since he is loath to leave England while the war continues, "Dilemma" would be his choice for work there. British Studios Working Despite the difficulties of wartime production, all British studios are op- erating, Pascal said. He reported that RKO is making two at Denham, Anglo-American Films one at Den- ham and one at Elstree; Michael Bal- con, one at Gainsborough and one at Ealing ; Warners are active at Ted- dington and Paramount will soon have one in work at Denham. Pascal reported that despite the fact that production is not stopped unless studio "spotters" warn of bombing planes directly overhead, rather than merely in the vicinity of the studio, de- lays are serious in both time and money. Shooting schedules seldom can be adhered to and further complica- tions arise when actors and techni- cians "borrowed" from the service exhaust their leave before a picture is finished. Expect Crisis England expects the "crisis" of the war _ in two months, he said. If it survives the concerted attack, he pre- dicted that 30 pictures could be com- pleted there this year. "I do not believe in the 'star' sys- tem," he said. "It is a convenient, commercial device but a hoax on the people. Ultimately, they will have to be given more than that." Macy Gets Ryan's Regent Board Post Albany, Feb. 4. — The New York State Senate and Assembly, in joint session, today elected Kingsland Macy of Suffolk County to succeed George J. Ryan at the expiration of the latter's term as a member of the Board of Regents on April 1. Ryan, nominated for reelection, has been a member of the Regents' Com- mittee viewing films on censor board appeals. The separate vote was 28 to 11 in the Senate and 80 to 44 in the Assembly. Schine Party Feb. 14 Rochester, Feb. 4. — Louis Levitch of the Riviera ; Robert Meagher of the Lake, and Sam Shafer of the Dixie are in charge of arranging a Valen- tine's party to be held by Schine em- ployes in the Madison Ballroom here, Feb. 14. 6 motion Picture daily Wednesday, February 5, 1941 And Snow Besides Wilkes-Barre, Pa., Feb. 4.— An estimated 15 per cent of the population in this area is reported stricken in an epi- demic of colds and grippe. This, coupled with an un- usual heavy snowstorm, had a serious effect on the box- office. Nearby Hazleton and Scranton also were hit by similar conditions. In Hazle- ton the schools were closed for a few days. Warner Executives Attend Ampa Lunch Warner executives will attend the Ampa luncheon meeting in the Sun Room of the Hotel Edison tomorrow, when Joseph Bernhard, general manager of Warner Theatres, will be the chief speaker. The executives expected to attend include : Gradwell L. Sears, general sales manager; Clayton Bond, chief film buyer for the circuit ; Carl Leser- man, assistant to Sears ; Harry Gold- berg, in charge of advertising and publicity for Warner Theatres, and Sam Schneider, home office executive. Mort Blumenstock, in charge of War- ner advertising and publicity in the East, will introduce Bernhard, who will speak on the importance of the work of advertising and publicity men in the industry. 'Street' Field Drive Universal is conducting a field cam- paign for "Back Street" and "Buck Privates" in 25 key cities. A new de- partment has been created in the home office to supervise the program. To LOS ANGELES Back Street" [Universal] (Continued from page 1) into the hearts of the audience, which should go far toward insuring success at the box-office. Perhaps it is in theme and execution a picture most readily acceptable to the film-going tastes of the feminine element. But at the same time there is much for the masculine patron, and in any case, with the women sold, the picture is sold. Bruce Manning, who produced, and Robert Stevenson, who directed, have seen to it that there is much of lightness, especially in the opening sequences, when Miss Sullavan, independent-spirited girl in the Cincin- nati of the '90's, rides in Richard Carlson's first horseless buggy, jokes with Frank McHugh, the drummer, and falls in love with Boyer, who is passing through. Their love is beset by mischance, as Miss Sullavan's attempt to reach Boyer's boat, on which he planned to marry her, is thwarted. They meet five years later in New York, where Boyer is a successful banker and married. The old love is rekindled brightly. For years she is his second life, unable and unwilling to give up the great love they have for each other. When he is gone for months, she decides to marry Carlson, but meets Boyer again, and loses her resolve. Many more years pass, still greater success comes to the international banker of repute, and still Miss Sullavan is his second companion. In France, his son, Tim Holt, upbraids Miss Sullavan for her persistence, and Boyer comes upon them. The boy refuses to understand, and Boyer, broken, suffers a stroke and dies. Her purpose in life gone, Miss Sullavan follows him, a picture of what might have been, save for mis chance, coloring her final vision. Here is a perennial story of a pattern of life, told with sincerity and the power of the screen medium. Running time, 89 minutes. "A."* Charles S. Aaronson 'Back Street' Gets Glittering Opening At Florida Resort * "A" denotes adult classification. Thru Mainliner Sleepers No Change of Planes The Continent cl. Lv. 5: 10 pm with morning arrival in Los Angeles. The Overland Flyer. Lv. 11:10 pm with daylight for the scenic west- ern portion of the trip. Reservations: travel agents, hotels or UNITED Air Lines Airlines Terminal: 80 E. 42nd St. 67 Wall St. 649 Fifth Avenue Pennsylvania Hotel Ph MU-2-7300 Canada War Films Widely Distributed Ottawa, Feb. 4. — The story of the British Empire's war effort is being carried literally around the world through pictures produced in Canada under the supervision of the Canadian National Film Sound, officials declare. Commentaries accompanying the films are in English, French, Mala- yan and Greek and any other language required in the world distribution of the subjects. After the series, "Canada Carries On," have been shown on the usual theatrical basis in about 900 Canadian theatres, 16 mm. prints are made available for village halls, at local meetings and even for the home. In the United Kingdom the series is said by officials to have been shown in about 1,000 theatres, as well as in 600 to 800 houses in Australia and New Zealand. When any one of these subjects is completed, the negative is made avail- able to American newsreel companies, for clips to be inserted in the current American newsreel releases. The Do- minion's subjects are made for the operations of G. H. Lash, Director of Public Information of Canada. Vir- tually all phases of Canada's war ac- tivity are treated or will be treated in the film subjects. Litigation Closes House Clifton Springs, N. Y., Feb. 4. — Palace Theatre here has been closed by Nickolas Raffay, manager, because of litigation over sound equipment. The equipment, according to Raffay, was bought some time ago on a con- tract, the lessee of the house agree- ing to pay a set amount each week. There were defaults on a number of the payments by a former lessee. Rival Unions Settle Battle in Scranton Scranton, Pa., Feb. 4. — After rep resentatives of the CIO and AFL op' erators' unions announced an agree- ment which leaves unionization of op erators in the Scranton region in the hands of the AFL, R. A. Lesaius owner of the Bulls Head Theatre in North Scranton, through his attorney announced that the termination of the contract between Lesaius and the CIO unit will have no standing in law. The agreement on jurisdiction was revealed to President Judge Will Leach of the Lackawanna County Court by the CIO regional counsel on a hearing of a motion to make per- manent a temporary injunction re- straining AFL members from pick- eting the Bulls Head. The CIO attor- ney announced that the CIO had re- voked its contract with Lesaius and had appointed an administrator to terminate all existing agreements be- tween the union and the theatre man- agement. Paramount Plans 3 New Sound Stages Hollywood, Feb. 4. — Paramount has announced plans to build three modern new sound stages and a power house on the lot here. However, the company is holding to the original plans for the construction of a $15,000,000 studio in Westwood. Utica Party Feb. 10 Utica, Feb. 4. — Warner Zone Man- ager M. A. Silver and District Man- ager Charles A. Smakwitz of Albany will be guests of honor at the anuual Valentine dinner-dance of the Utica Warner Club at the Hotel Martin here Feb. 10. Heading the enterta'n- ment committee is Tony Dapic. (.Continued from page 1) of the premiere. About 3,000 or more were successful in obtaining the treasured ducats, which were sold at $1.55 and $2.20 each. For four days and nights, thf^J/t- ing press, many of whom were^'fR a film junket for the first time, and were otherwise also experiencing their first visit to these sub-tropical shores, were dined and feted almost everywhere, at the beaches, hotels, fashionable eating places and the night clubs. The celebration was almost like a "Cook's Tour" garnished with caviar and champagne. It has been the kind of a celebration which the boys and girls of the press probably will long remember and which should bring Universal great goodwill for a long time to come. Many of the press came with their wives ; all were ac- corded every comfort and pleasure. The party altogether probably cost Universal about $20,000, it is esti- mated. In excellence of execution and entertainment it outranks all others. Some of the boys and girls were a little "ga-ga" about the lav- ishness of the accoutrements furnished them, from swimming to golf, sight- seeing and horse racing, besides night club amusement. All, however, took the affair in proper stride, so far as could be noticed. Officials Present The presence of such high ranking officials as Matthew Fox, Charles Prutzman, Frank McCarthy and Wil- liam Heineman, together with John Joseph, helped the ticket situation. It seemed that everybody from Miami to Palm Beach and Coral Gables had made a request for premiere tickets, after the theatres were already sold out. At tonight's premiere, Deanna Dur- bin, youthful feminine star of Uni- versal, shared gala honors with the press. She was the only studio "name" brought down here for the occasion. Among the scribe stars who came from far and near were several newspaper editors, in addition to critics, feature writers, and those of the trade press. Mayor John Levi headed the array of civic and governmental leaders and tonight kleig lights glared, flags waved and trumpets blared as the town gave forth a two-mile parade, with the Miami Boys' Band leading, just prior to the opening. In front were a crew of Universal experts such as John Jo- seph, Milton Crandall, George Thomas, Louis Pollock, Gene Murphy and Ruth Morrow. In attendance at the opening, be- sides the official guests were many persons of the trade who are here on business or vacation. Among these were Tom Connors, Eastern, South- ern and Canadian division manager of M-G-M; A. H. Blank, Major Al- bert Warner, N. L. Nathanson, Charles Kessnich, Southern district manager of M-G-M; M. A. Silver, Warner Theatres executive : Max A. Cohen, president of New York Al- lied; M. B. Shanberg, George Dem- bow, Ed Sherman, Arthur Lee, Wil- lard McKay, Otto Brower, Ottavio Prochet, Sonny Shepherd. Also, Ted Husing, Ruby Cowan and George Ade. COMPLETE THEATRE LIBRARY 1940-41 edition now in circulation. Worldwide in scope. Completely covers every branch of the business. Who's Who section alone records over 11,000 biographies. The indus- try's most exhaustive refer- £j ence manual postpaid Motion Picture Sound Engineering — the most advanced sound manual to date. Prepared by the country's leading sound engineers. 547 pages, explaining every detail of ap- paratus. Profusely illustrated with diagrams, tables, charts £g ijq and graphs postpaid * Here is a library of factual information that meets an urgent need. Authoritative manuals expressly prepared for theatremen as practical aids in their daily routine. Glance over the titles! There are books here that should be on your desk now — books that will save you time, effort and expense in the voluminous information they will put at your fingertips. Theatre Management Record is the most simplified book- keeping system yet devised for the exhibitor! No accounting experience necessary. Indi- vidual sections for all operat- ing data. Full tax informa- tion always readily £^ 00 available postpaid The second revision, sixth edition of the Bluebook. Supplemented with sound trouble shooting charts and alphabetical index. 700 pages. A quick trouble-shooter and a sure solution to all projection ^5 problems postpaid A practical treatise devoted to all the diverse elements of theatre air- conditioning and its operation, includ- ing codes and ordinances regulating installation. An indispensable manual that all theatremen will £4 qq welcome postpaid QUICLEY BOOKSHOP ROCKEFELLER CENTER NEW YORK 8 MOTION PICTURE DAILY Wednesday, February 5, 194] Off the Antenna BELIEVING that the television pictures demonstrated to the FCC last month "were not representative of what can be obtained with transmis- sions" on standards of 625-lines, 15 frames per second, Allen B. DuMont yesterday announced that on Wednesdays and Fridays from today until the FCC television hearing on March 20 he will give further demonstrations on those standards. DuMont is hopeful of inducing National Televisions Systems Committee members, FCC members and others who saw the first demonstra- tion to return for another look. • • • Purely Personal: Wilfred S. Roberts, NBC eastern production manager has promoted two of his staff to act as his assistants. They are Joseph S. Bell, who will handle dramatic shows, and George Maynard, music. Charles Schenck who used to be with the NBC Chicago office, also has joined Roberts' staff . . . Frank Lepore, NBC stage manager for the> television department, will join Film Unit No. 1 at the Signal Corps school at Fort Monmouth, N. J., Tuesday. He will be commissioned as a second lieutenant . . . Raymond Paige is studying Pan-American music in Havana as guest of Jose Sanchez . . . G. W . Johnstone, radio director for the Democratic National Committee, who has just completed his work as radio chairman for the Committee for the Celebration of the President's Birthday, will leave this morning for a Florida vacation. Upon his return, he will take over the radio duties for the Jackson Day dinners . . . Mary Dunlavey has been promoted to assistant time buyer at Erwin, Wasey & Co. • • • The first short wave program over NBC's stations to emanate from Chicago will be broadcast tomorrow night when the Export Managers Club holds its annual dinner at the Hotel Stevens. Wayne Chatfield- Taylor, undersecretary in the Department of Commerce, will make the principal address and there will be 30 minutes of music in addition to 30 minutes of speeches. • • • Program News: "The Missus Goes A-Shopping," a record program of interviews in grocery shops, will be sponsored by Pepsi-Cola Co. over WABC, Mondays, Wednesdays and Fridays at 8:30 A.M. beginning Monday . . . Burns & Allen will start broadcasting from New York beginning Monday for five weeks . . . General Foods has renewed sponsorship of "Symphony Hall" over WQXR, Wednesdays, 8-9 P.M. . . . "Labor Arbitration" will be heard Thursdays at 8:15 P.M. beginning tomorrow over WMCA. Mutual's January Gross Is $505,231 Mutual billings for Janu- ary were $505,231, an increase of 59 per cent over the same month last year when they totaled $317,729. CBS and the two NBC net- works have discontinued re- lease of gross billings and the National Association of Broadcasters, which was to release figures showing u>r' of time sponsored on the v ,m has not completed its first tally. 1,800 Children Programs Are Aired Weekly There are approximately 1,800 children's programs on the air each week, it was reported yesterday at a joint conference of women's and other organizations interested in this type of broadcasting. The survey was made by Mrs. Dorothy Lewis for the Radio Council on Children's Pro- grams, and the National Association of Broadcasters. About 12 per cent of the nation's stations use no children's programs and about eight per cent of the re- mainder rely solely on networks for this type of broadcast, it was reported. Mrs. Lewis declared that the survey revealed a good opportunity for new children's programs based on true events in American history, and com- edy shows tuned to the level of child listeners. The most popular at pres- ent, she said, was the talent shows in which the children themselves par- ticipated. She recommended that a greater use be made of recordings to permit shows now broadcast at 6 P. M. in the East- ern Time Zone to be heard at the same time on the Pacific Coast where they are now heard at 2 P. M. Mrs. Lewis revealed that sponsors are now making studies to lift the level of children's programs and that General Mills had donated $4,000 to the University of Iowa to conduct re- search in this field. SAG Orders Actors Ban Parsons Show Hollywood, Feb. 4. — The Screen Actors Guild today issued instructions to its Class A members to refuse to appear on a proposed Louella O. Parsons radio show for Lifebuoy "un- less such refusal jeopardizes the con- tractual relations with employing producers." The new Parsons show would be a half-hour program on CBS, handled by the William Esty agency. The decision to send the message to mem- bers was taken at a meeting of the guild board of directors last night. The communication, pointing out that the question of "free talent" radio shows again has become an important issue to actors, declared that approval for the Parsons show was refused. The program plan, it was said, called for paying the actors on the commercial show a payment equal to the A.F.R.A. minimum, but far less than the usual fee such actors would get on a radio program. The letter concluded : "Acceptance of compensa- tion so far below members' usual standard as to amount to evasion of this rule (forbidding free radio per- formances) shall constitute a viola- tion of the rule." Increase Contribution Philadelphia, Feb. 4. — Ted Schlanger, Warner Theatres zone chief here, announced that the circuit's donation to the United Charities Cam- paign now in progress here has been increased from $1,000 in 1940 to $2,500 this year. 'Wind' with $21,000 High in Pittsburgh Pittsburgh, Feb. 4. — Holdovers withstood snow, flu, and soot storms. "Gone With the Wind" took $21,000 in its second week at Loew's Penn, and "This Thing Called Love" grossed $6,000 in its second at the Harris Senator. Estimated takings for the week end- ing Jan. 30 : "Dr. Kildare's Crisis" (M-G-M) FULTON — (1,700) (28c-44c) 7 days. Gross: $3,100. (Average, $4,500) "Gone With the Wind" (M-G-M) LOEW'S PENN— (3,400) (40c-55c) 7 days, 2nd week. Gross: $21,000. (Average, $13,000) "Thief of Bagdad" (U.A.) RITZ— (800) (28c-39c-55c) 7 days, 3rd week. Gross: $2,800. (Average, $3,000) "This Thing Called Love" (Col.) SENATOR— (1,800) (28c-39c-55c) 7 days, 2nd week. Gross: $6,000. (Average, $5,000) "Second Chorus" (Para.) STANLEY— (3,600) (28c-44c-66c) 7 days. On stage: "Streets of Paris." Gross: $21,000. (Average, $17,000) "No No Nanette" (RKO) "Little Men" (RKO) WARNER— (2,000) (28c-39c-55c) 7 days. Gross: $4,800. (Average, $5,000) Sue on Song Recording Columbia Recording Corp., John Hammond, and Joshua White were named defendants yesterday in a suit for an injunction and damages, filed in the U. S. District Court by Lawrence Gellert. Defendants are charged with unauthorizedly record- ing the plaintiff's song, "I Hear Dan- ger Singing." Add 'Fantasia* Shows Beginning Saturday, additional showings of "Fantasia" at the Broad- way will be held at 10:30 A. M'. on Saturdays and at 5 :30 P. M. on Sun- days. Also effective on that date, chil- dren under 16 will be admitted for half price. F.C.C. Advises on Frequency Shifts Washington, Feb. 4. — The Fed- eral Communications Commission to- day sent notices to each of the 795 broadcasting stations whose frequen- cies will be changed March 29 as a result of the North American Re- gional Broadcast Agreement, apprising them of the channels on which they will thereafter operate and giving them a last opportunity to protest any as- signment- deemed disadvantageous. Under the agreement all stations must shift their frequencies simulta- neously at 3 A.M., E.S.T., March 29. No action will be taken with respect to applications for renewal of licenses under the new assignments before March 1, it was announced, because of the law's prohibition on the grant- ing of renewals more than 30 days prior to the expiration of licenses. Gehring to Conduct Meetings on Decree William C. Gehring, Central divi- sion manager for 20th Century-Fox, leaves today to conduct meetings at the Chicago and Minneapolis branches on sales policies under the consent decree. Similar sessions are being held in various branches by executives of the major companies which are parties to the consent decree, to acquaint the sales staffs with the terms of the de- cree. Local 306 Plans Benefit Local 306 of the operators' union will hold a party, featured by enter- tainment and dancing, next Tuesday at the Manhattan Center, 34th Street and Eighth Avenue, for the benefit of the sick fund of the union. Five New Accounts For CBS in Month CBS in January had five new ac- counts signed, four renewals and no cancellations. The new accounts in- clude Armour Co., Magazine Repeat- ing Razor Co., Wrigley Co., which added 15 minutes for a new show in addition to the half-hour "Melody Ranch" which it also sponsors, and two additional new programs, details of which have not yet been released. The five new sponsors will use a total of 150 minutes. Renewals include "Melody Ranch," by Wrigley; "Johnny Presents," by Philip Mor- ris ; and "Your Hit Parade" by Amer- ican Tobacco. U. S. Tobacco Co. has also renewed its time but will replace "Pipe Smoking Time" with "Gay Nineties Revue" on Feb. 24. Network officials pointed out that of the 150 minutes, 105 will be used by programs predominantly musical on the new shows. All the renewals are musicals. This fact was cited to show that the Ascap squabble has had no effect on obtaining new contracts. In January, 1940, only two quarter- hour shows were sold and neither of these was predominantly musical. Toronto Winner Is 'Wind' With $13,500 Toronto, Feb. 4. — "Gone With the Wind," in the first week of its popular price run at Loew's, accounted for $13,500. "This Thing Called Love" grossed $11,800 at the Imperial. The weather ranged from fair and moder- ate to blizzard and zero. Estimated takings for the week end- ing Feb. 2 : "This Thing Called Love" (Col.) IMPERIAL— (3,373) (15c-2Sc-35c-50c-75c) 6 days. Gross: $11,800. (Average, $9,000) "Gone With the Wind" (M-G-M) LOEW'S— (2,074) (25c-40c-50c-75c) 6 days. Gross: $13,500. (Average, $9,000) "South of Suez" (W.B.) "Glamour For Sale" (Col.) SHEA'S — (2,663) (15c-25c-40c-50c) 6 days. Gross: $6,500. (Average, $7,500) "Love Thy Neighbor" (Para.) "East of the River" (W.B.) TTVOLI— (1,434) (15c-25c-40c) 6 days. Gross: $2,800. (Average. $3,900) "Hudson's Bay" (20th-Fox) UPTOWN— (2,761) (15c-25c-3Sc-50c-75c) 6 days. Gross: $11,000. (Average, $9,000) Settle Universal Suit Suit of Producers Laboratories, Inc., against Universal Pictures Com- pany, Inc., Big "U," Inc., and Roxy Theatre Corp. in the New York Su- preme Court was settled and discon- tinued yesterday on undisclosed terms. Plaintiff had sought an injunction and damages against the defendants claim- ing that Universal's film, "Hired Wife," infringed upon an identical title of one of plaintiff's films. Alert, InteiUgei to the^f gtion Picture Industry MOTION PICTURE DAILY 49. NO. 26 NEW YORK, U.S.A., THURSDAY, FEBRUARY 6, 1941 TEN CENTS 'IP May Start '41-'42 Selling In Few Weeks Regional Meets Follow Chicago Convention Universal salesmen may be in the field with new season's contracts be- fore March 1, establishing the earliest start of a selling season under the present distribution system, it was learned yesterday. Following the company's three-day national sales con- vention starting Saturday at the Drake Hotel, Chicago, for the district and branch man- agers, regional meetings prob- ably will be held for the Uni- versal salesmen throughout the country. No final decision has been made yet, but if such regional meetings aie held they would not consume a great deal of time. Present intentions con- template the division of the country into three territories for such regional meetings, with William A. Scully, vice-president and general sales man- ager conducting the sessions in one territory, F. J. A. McCarthy, Eastern sales manager, handling another, and William J. Heineman, Western sales manager, the third. In this way, the ground could be covered in one week, if necessary, and salesmen could be at work on the 1941 -'42 lineups before the end of February. Universal will announce the new season's product lineup to the district and branch managers at Chicago on (Continued on page 5) Canadian Industry Facing New Taxes Toronto, Feb. 5. — The Canadian Government, through the Department of Finance, has hinted that the field of taxation hitherto restricted to the provinces will be invaded in the forth- coming budget measures as a move for additional revenue for war purposes. There are only a few taxation items which are strictly provincial in scope and one of these is the amusement tax, which has been collected in all prov- inces but Ontario and Saskatchewan. There is conjecture, therefore, on the part of theatre operators and the pub- lic as to the steps that will be taken by the Federal Parliament when the next wartime budget is brought down in March. Intimation is also forthcoming that (Continued on page 5) Rehearse Blackout In Toronto Feb. 12 Toronto, Feb. 5. — Rehear- sal blackouts have been or- dered by Air Raid Precau- tions authorities in three sec- tions of Toronto for the eve- ning of Feb. 12 in conjunc- tion with the current War Savings Stamp Drive. Nu- merous theatres are in the outlined districts and the managers have indicated a willingness to cooperate. Films Commission, Credit Bank Are Ready in England London, Feb. 5. — The plan for a British Government Films Commis- sion, originally proposed last year and then shelved, has been revived. The commission would have plenary powers and virtually control the industry and its operations. Included in the plan is a credit bank, with a Government grant of £500,000 (approximately $2,000,000). The president of the British Board of Trade told industry representatives today that the Government intends to put the plan into effect at an early date. Details have been completed, and it is intended to have a governing body of three members, only one of whom will be a trade representative. It is understood that the Board of Trade is concerned over the decrease in British production and has been impressed by the recent plea of ex- hibitors for a cut in the exhibitors' quota. Nevertheless, Harry P. E. Mears, president of the Cinemato- graph Exhibitors Association, has opposed the entire idea of Govern- ment control. Mears will report to the general council of the C.E.A. at a meeting next week. GOVERNMENT FILES SUIT AGAINST ASC AP Money Arbitration Hearing on Monday Arbitration hearings on the method of allocating currency withdrawals from England among the eight major companies under the current monetary agreement are scheduled to begin next Monday. Efforts to agree on an al- location method without recourse to arbitration, which were attempted dur- ing the past few weeks, were unsuc- cessful. Milton Handler, downtown attorney and Columbia University professor, has been designated sole arbiter of the disagreement, which has M-G-M on one side and the other seven major companies opposite. Handler's deci- sion, which will be final, is hoped for by the end of the month. The M-G-M contention is that the allocations of the British currency withdrawals this year should be based on net business in England of each company. The other seven companies, although several of them express in- difference as to the outcome of the arbitration, favor allocation of the money withdrawn on the same per- centage basis employed in dividing up the $17,500,000 withdrawn from Britain last year. Those percentages were based on a three-year average of each company's gross British busi- ness. By the time the arbitrator's award is expected, the eight companies will be entitled to withdraw approximately $6,000,000 of the $12,900,000 remit- table from England this year. The allocation of this amount among the eight companies then would be made in accordance with the arbitrator's finding. /. T. O. A. Will File Test Series Of Proceedings Under Arbitration The I.T.O.A. of New York voted yesterday to start a series of arbitration proceedings to experiment with the workings of the arbitration provisions of the consent decree. The meeting ex- pressed the opinion that the organization and its membership should regard the decree in its most favorable light and give it a fair trial. I.T.O.A. members will be convassed to determine which exhibi- tors have specific complaints and their grievances will be culled to bring a series of proceedings on the various complaints per- mitted to go to arbitration under the decree. Other items dis- cussed yesterday were film buying, giveaways and admission scales but no decision was reached. Arnold Says Settlement Of Action by Decree Is Still Possible Washington, Feb. 5. — The long- threatened Government criminal in- formation against Ascap was filed in Federal District Court at Mil- waukee today. Simultaneously, Thurman W. Arnold, Assistant U. S. At- torney General, in a statement issued here, made it clear that a consent decree settlement of the action still is possible. "Our proceeding is aimed only to compel Ascap to stop the practices complained of," Arnold said. "There- fore, the Department will continue to hold the door open to proposals from Ascap which will eliminate the abuses. It does not desire to pre- vent Ascap from protecting the copy- right privileges of its members." Gene Buck, Ascap president, de- clared that the society "has always been willing and desirous of making any just and reasonable change in its method of operation." He added that "The society, of course, does not wish to operate in violation of the law but be it remembered that throughout our long history a great many courts — both State and Federal — have held that Ascap was functioning in a lawful manner." "The Department of Justice," Buck continued, "has just assured our so- (Continued on page 5) Disney Four-Month Profit at $140,000 Hollywood, Feb. 5. — A net profit of $140,000 for the first four months of the current fiscal year for Walt Disney Productions was announced last night at the annual meeting of stock- holders. Walt Disney was reelected president and all directors were also reelected. George E. Morris, secretary, re- ported that the company had produced and delivered nine shorts in the first four months as against a total of 10 in the entire 1940 fiscal year. This year's program calls for 20 shorts, he said. Four additional units for "Fan- tasia" and Fantasound equipment have been ordered and installations will be (Continued on page 5) 2 MOTION PICTURE DAILY Thursday, February 6, 1941 Warner Ad Wins High Study Rating According to an advertis- ing report prepared by Daniel Starch, advertising consultant, a full-page War- ner ad on "The Letter," ap- pearing in the December is- sue of Cosmopolitan, rated first among 52 ads based on "seen," "read some" and "read most" classifications for men and women readers. The ad was prepared byMort Blumenstock, in charge of Warner advertising and pub- licity in the East. Personal Mention Academy Nominates 10 for Short Awards Hollywood, Feb. 5. — The Academy of M. P. Arts and Sciences today announced the nominations for its three divisions of short subjects awards. The judging will take place Feb. 12. Listed in alphabetical order, the nominations were : Cartoons, "The Milky Way" (M-G-M), "Puss Gets the Boot" (M-G-M), and "A Wild Hare" (Warners). In the one reel classification, four were named be- cause of a tie. They were "London Can Take It" (Warners), "More About Nostradamus" (M-G-M), "Quicker'n a Wink" (M-G-M) and "Siege" (Pathe). In the two reel classification were "Eyes of the Navy" (M-G-M), "Service With the Colors" (Warners) and "Teddy, the Rough Rider" (Warners). Of the 10 nomi- nated, M-G-M had five named, Warn- ers, four, and Pathe, one. Walt Disney did not enter the competition. Final judging will be done at the Disney studio theatre by members of the Academy board of governors and the awards rules committee. This will mark a departure from previous years when the judging committee was chosen from various studios and Academy branches. Bill in Conn. Would Regulate All Games New Haven, Feb. 5. — Exhibitors as a whole are not showing much inter- est in state legislation this session. However, they are interested in the bill providing for a new commission to regulate and control chance games in the state, and another before the Senate providing for games after 2 o'clock on Sundays, on application. Games are permitted on local option for religious and civic groups only, and are some competition to theatres in various parts of the state. Another bill would require Ascap to pay a license fee in the state. A state tax bill on amusements, much feared by exhibitors since a similar bill was defeated in 1937, has not been filed. A bill is on record which would fine or imprison operators of hotels, motion picture and other theatres, and other public places of amusement discrimi- nating against any race or color. CHANGE TO ALTEC SERVICE ..A CHANGE FOR THE BETTER jujec 250 West 57th Street ■ New York City BARNEY BALABAN, Paramount president, will leave on Feb. 14 for a vacation of several weeks in Florida. • Edgar A. Neal, manager of the Capitol in Woodstock, N. B., has been reelected to the Council of the border town. • Charles Wilson, operator of the Bijou and Lansing, Troy, N. Y., leaves March 1 for a Florida vaca- tion. John Christie of the Strand in Watervliet, N. Y., is recovering from pneumonia. • B. E. Hoffman, Warner Theatres executive in New Haven, has been reelected to the board of the New Haven Jewish Family Service. • Leo Posel, Philadelphia independent circuit operator, has been named head of the annual campaign of the De- borah Jewish Tuberculosis Society in Philadelphia. Jack McNeill, former Warner Theatres publicity man in Philadel- phia, is the father of a son, born a few days ago at Temple University Hospital. Norman Elson, sales manager for Film Alliance of the U. S., leaves today on a visit to a number of cities. He will be gone about 10 days. • Charles M. Reagan, Owen Davis, J. J. Unger, E. K. O'Shea, Leon Netter, Edward Saunders and Mil- ton Kusell having lunch at Nick's Hunting Room in the Astor yester- day. • John D. Hertz, Jr., David Wesh- ner, Tom Fizdale, Al Sherman, Louis Lipton, John Byram, Phillip Owens, Dennis King, George Hale, Otto Preminger, William John- stone, David Loew, Arthur Loew, Mort Spring and Vincent Trotta, at Sardi's yesterday for lunch. Grainger En Route To Coast Parleys James R. Grainger, president of Republic, left last night by plane for the Coast, with stops scheduled in Cleveland, Indianapolis, Chicago, Mil- waukee, Minneapolis, Seattle, Port- land, Ore. and San Francisco, arriv- ing at the studio on Feb. 20 to dis- cuss production and sales plans for the 1941-1942 season. Following Grainger's arrival at the studio, definite dates will be set for a series of regional sales meetings to be held at Los Angeles, Kansas City, Atlanta and New York. Mexico Grind House Sold Mexico City, Feb. 5. — The first continuous run film house to be opened in Mexico, the Cinelandia here, which specializes in shorts, has been sold by its owner and founder, Arcady Boylter, Russian who also produces, to a company of Spanish refugees. The new company is to continue the "grind" policy to the Cinelandia. MURRAY SILVERSTONE, Charles Schwartz and Mon- roe Greenthal are expected from the Coast Monday following studio con- ferences at United Artists. • Mel Rainey, secretary to David Wallerstein, division supervisor for Balaban & Katz in Chicago, has vol- unteered for Army service, and will go to Camp Custer in Michigan. • Golde Davidson of the publicity de- partment of Balaban & Katz in Chi- cago will be married April 5 to Allan J. Copeland, employed on the Chicago Tribum. • Sam Goldberg, Irving Shapiro and Seymour Poe at Lindy's (next to the Rivoli) for lunch yesterday. • Robert Weitman, George Burns, Benny Fields and J. J. Milstein lunching at Lindy's (51st St.) yester- day. Richard Cohen, program distribu- tor in New Haven, is the father of a son, named Peter Irwin, born at Grace Hospital, New Haven. • Harry Rose, manager of the Globe in Bridgeport, Conn., in confined to Bridgeport Hospital with a kidney ailment. • Vernon Burns, assistant at the Bijou, New Haven, is on a six-month leave of absence in Toronto, while Michael Ptccerelli handles his duties. • Mary T. McDonnell was mar- ried to Harold R. Brazill, projec- tionist at the Bell Theatre in Scran- ton, Pa., recently. Howard Schaeffer has been named assistant manager of the Feeley Theatre in Hazleton, Pa. He formerly was an usher at the Capitol. • Dave O'Malley, Hank Linet, Jeffrey Bernerd and Jerry Kaiser lunching at the Tavern yesterday. Sues Over Patent Suit to compel the surrender of a patent on a film projection machine was filed yesterday in N. Y. Supreme Court by Russell Goldman against Harry Gordon and Samuel K. Lack- off. Plaintiff claims that the patent was perfected while the defendants were in the plaintiff's employ. A counter-claim of $10,000 has been in- terposed by the defendant. See Films on Appeal Albany, Feb. 5. — A subcommittee of the N. Y. State Board of Regents tomorrow will screen "Kidnapping Gorillas" on censor appeal by Jewell Productions, and "Life on the Horto- bagy", on appeal by Eureka Produc- tions. Delay Levy Dinner Philadelphia, Feb. 5. — The local Variety Club has postponed until March 15 the formal dinner dance to be tendered Dr. Leon Levy, the new chief barker. Originally scheduled for Saturday, the date was shifted until Dr. Levy returns from Florida. Union Battle Stymies / Mexican Producing Mexico City, Feb. 5. — The "war" i between Mexican producers and En- rique Solis, secretary general of the producers section of the National Cinematographic Workers Union, has brought production in this country virtually to a standstill. Many performers, who have been devoting the greater part of their t:me to screen work, have had to to the stage and radio since the£^£?".f caused the curtailment of film pro- duction. Solis, who has been attacked re- peatedly by the producers as mani-. . pulating the business for his own pur- I poses, has called a strike against Jesus I Grovas, leading Mexican producer. Grovas, who was Paramount manager f here before starting in production, re- fused Solis' demand that he hire four extra helpers at a wage equivalent to $5.25 daily for each. Grovas con- k tended he did not need the helpers, t The wage demand he called excessive,, | in any case. Thus far, the Federal Labor Department has taken no ac- tion on the protest of the producers' : association against the strike. Dallas Variety Club To Equip Eye Clinic Dallas, Feb. 5. — The local Variety Club has voted to equip the Eye Con- servation Clinic of the Freeman Mem- orial Clinic for underprivileged chil- dren. The equipment is estimated to i cost about $1,000. Paul Short is chief barker of the club. Deanna Durbin will be honor guest at the club's first annual Ladies' Day luncheon on Monday at the Adolphus Hotel. Judge Sarah T. Hughes of the; | 14th District Court will be the chief speaker. The wives of local film ex- ecutives are expected to attend. Milton Simpson Dies Toronto, Feb. 5. — Milton B. Simp- son, who joined the O'Brien Theatre. Almonte, Ont., 28 years ago as pro- jectionist and became the manager of the house, is dead at his home at Al- monte at the age of 56. He is sur- vived by his wife and three children. Sanford Delaney Dead Toronto, Feb. 5. — Sanford Delaney, owner of the Delaney Theatre at Ga- nanoque, Ontario, died there after a prolonged illness. He has been the proprietor of the theatre for 30 years. MOTION PICTURE DAILY J (Registered V. S. Patent Office) Published daily except Saturday, Sunday and holidays by Quigley Publishing Company, Inc., 1270 Sixth Avenue, Rockefeller Center, New York City. Telephone Circle 7-3100. Cable address, "Quigpubco, New York." Mar- tin Quigley, Editor-in-Chief and Publisher; Colvin Brown, Vice-President and General Manager; Watterson R. Rothacker. Vice- President; Sam Shain, Editor; Alfred L. Finestone, Managing Editor; James A Cron, Advertising Manager; Chicago Bureau 624 South Michigan Avenue, C. B. O'Neill Manager; Hollywood Bureau, Postal Unior Life Building, William R. Weaver, Editor;, London Bureau, 4 Golden Square, London Wl, Hope Williams, Manager, cable address "Quigpubco, London." All contents copy-j \ righted 1941 by Quigley Publishing Com J[ pany, Inc. Other Quigley publications: Motion Picture Herald, Better Theatre*, International Motion Picture Almanac and Fame. Entered as second class matter, Sept. 23, 1938, at the post office at Nev York, N. Y., under the act of March 3. V 1879. Subscription rates per year $6 in the Americas and $12 foreign. Single copies 10c. thews a The Earle, with "Trail of the vigi- lantes" and vaudeville, hit $32,500 "Philadelphia Story" continued big at the Boyd with $22,500. Estimated takings for the week end- ing Jan. 29-31 : "Road Show" (U.A.) ALDINE — (1,400) (35c-41c-46c-57c-6Sc) 1 davs. Gross: $5,300. (Average, $9,000) "North West Mounted Police" (Para.) ARCADIA — (600) (35c-46c-57c) 7 days, 2nd run, 2nd week. Gross: $3,800. (Average. $2,600) "Philadelphia Story" (M-G-M) BOYD— (2,400) (35c-41c-46c-57c-68c) 7 days, 2nd week. Gross: $22,500. (Average, S13.000) "Trail of the Vigilantes" (Univ.) EARLE — (4,000) (35c-41c-46c-57c-68c) 7 days with vaudeville including Erskine Hawkins' orchestra, the Four Ink Spots, Tip, Tap & Toe, Ida James and Jimmv Mitchell. Gross: $32,500. ($14,000) "The Phantom Submarine" (Col.) FAY'S — (2,190) (15c-29c-35c-46c-57c) davs with vaudeville including Ceil Von Dell, Marcia. Rex Weber, Paddy Cliff, The Sophisticated Ladies and Emile and Eugene Nathane. Gross: $6,000. (Average, $6,900) "Hudson's Bay" (20th-Fox) FOX — (3,000) (35c-41c-46c-57c-68c) 7 days. Gross: $15,000. (Average, $13,000) "Comrade X" (M-G-M) KARLTON— (1,000) (35c-41c-46c-57c-68c) 7 days, 2nd run. Gross: $5,200. (Average. $3,000) "Kitty Foyle" (RKO) KEITH'S— (2,200) (35c-41c-46c-57c-68c) 7 days, 2nd run, 2nd week. Gross: $4,900. (Av- erage, $4,500) "Gone With the Wind" (M-G-M) STANLEY — (3,700) (35c-41c-46c-57c-6Sc) 7 days. Gross: S27,000. (Average, $14,000) "Tall, Dark and Handsome" (ZOth-Fox) STANTON— (1,700) (35c-46c-57c) 7 days. Gross: $5,200. (Average, $4,500) 'Maisie', Bradley $21,500 in Capital ^"ashixgton, Feb. 5. — With every' other downtown house playing hold- overs or return engagements, Loew's Capitol's combination of "Maisie Was a Lady" and Will Bradley's Orches- tra drew $21,500. Estimated takings for the week end- ing Jan. 29-30: "North West Mounted Police" (Para.) WARNER'S EARLE— (2,200) (28c-39c-44c- 66c-77c) 6 days, 2nd week. On stage: "Chins Up," revue. Gross: $12,800. (Av- erage, $14,500) "Maisie Was a Lady" (M-G-M) LOEWS CAPITOL — (3,434) (28c-39c-44c- 66c-77c) 7 days. Vaudeville including Will Bradley and his orchestra, Ray McKinley, Herman Hvde, Wesson Bros.. Pickert & Worth. Gross: $21,500. (Average, $16,000) "Kitty Foyle" (RKO) RKO-KEITH'S— (1,834) (39c-55c) 3 days, 5th week. Gross: $2,500. (Average, $2,000) "Gone With the Wind" (M-G-M) LOEW'S PALACE— (2,300) (40c-55c) 7 davs. 2nd week. Gross: S16.000. (Average, $10,000) "Comrade X" (M-G-M) LOEWS COLUMBLA— (1,250) (28c-44c) 7 days, return engagement. Gross: $4,500. (Average, $4,000) "Love Thy Neighbor" (Para.) WARNER'S METROPOLITAN— (1,600) (28c-44c) 6 days. return engagement. Gross: $4,100. (Average, $4,200) W Shorts Scored Three "Going Places" and three "Stranger Than Fiction" short sub- jects for Universal were scored at the Eastern Service Studios by a sym- phony orchestra under the direction of Jack Schaindlin who composed the score. 1 Thursday, February 6, 1941 Motion Picture Daily 5 U.S. Files Ascap Action; Decree Is Still Possible First in 15 Years Albany, Feb. 5. — When Abe Van Deusen, booker at the local RKO exchange, was home ill with the grippe for two days last week, it was the first occasion in 15 years with the company that he was absent because of ill- ness. Canadian Industry Facing New Taxes (Continued from page 1) : the Dominion authorities will impose further bans on luxuries, particularly in their import from countries other than those of the British Empire, but it is not believed that any prohibition ■ ■ will be placed on the entry of films i for theatrical use, although various items of equipment may be barred. ; Film entertainment has earned an im- ii portant place in Canadian life ; there- '■■ fore, it is contended that the importa- ' tion of films should not be hindered. Premier M. F. Hepburn of Ontario |" has announced that no new taxes will ° be imposed by the Provincial Govern- j ment this year so that no difficulties will be provided for the Dominion , Government in the financing of the war. There is no move toward a re- vival of the amusement tax which was ; created by the Ontario authorities as a war measure in the first World War and continued until four years 1 ago as a lucrative source of revenue. There is no suggestion, likewise, of l any change in the schedule of license fees for the 400 theatres of the prov- ince because of the policy that the ; Federal Government requires all available cash for the prosecution of the Canadian war effort. j K.R.S. Will Modify Demand on Houses London, Feb. 5. — The Kinemato- h graph Renters Society (distributors) i conferred today with the Cinemato- . graph Exhibitors Association through the new War Relief Committee, and agreed to modify the printed form on exhibitor status, to which the C.E.A. originally objected. It was agreed to issue it only in selected cases where investigation proved it to be necessary. The K.R.S. would retain the last word in all cases. Discuss 'Doe' Premiere The premiere and national release date _ of "Meet John Doe," Capra- Riskin film to be released by War- ners, are being discussed by Riskin and Gradwell Sears, Warner general sales manager at the home office. Rachmil to Produce Hollywood, Feb. 5. — Lewis J. Rachmil, art director on Harry Sher- man's "Hopalong Cassidy" pictures, today was made an associate producer at Sherman Productions. Hays on Coast Today Hollywood, Feb. 5.— -Will Hays will arrive on the Chief tomorrow and it is expected that a date will be set for an election meeting of the Association of M. P. Producers fol- lowing his arrival. (Continued from page 1) ciety that the Department of Justice stands ready to continue negotiations for an adjustment of the controversy just as if no information had been filed." A further statement will be made tomorrow after an Ascap board meeting, Buck said. Process papers for Ascap defendants in the action are returnable in Federal court at Milwaukee, March 5. In addition to Ascap, the Govern- ment complaint named 19 music pub- lishing corporations and 26 indivi- duals, directors and officers of the society. All Ascap members were named as co-conspirators. The Government information charges that Ascap is an unlawful combination of trade in violation of the Sherman anti-trust law, specifically in that its members must assign to it exclusively all public performance rights to their music ; that the society is governed by a self-perpetuating board of directors ; membership in the organization is conditioned upon the regular publica- tion by the candidate for membership of not less than five musical com- positions ; performance licenses for Ascap music are available only on an all-or-none basis ; fees collected for licenses are fixed arbitrarily, in the case of broadcasters being based upon a percentage of gross revenue, whether or not such revenue is de- rived from programs in which Ascap music is used. Additional charges are that the so- ciety has discriminated as to both price and terms among various com- mercial users of music ; that members have exercised their privilege of re- stricting from public performance popular and current musical composi- tions, using this privilege for the pur- pose of enhancing recording fees, and, Disney Four-Month Profit at $140,000 (Continued from page 1) made in four additional cities as soon as available, he declared. Disney told the meeting that the company's program calls for com- pletion and release of three additional features in the current calendar year. They are "Reluctant Dragon," "Jum- bo, the Flying Elephant" and "Bambi, Wind in the Willows." Directors renamed were Walter E. Disney, Roy O. Disney, Gunther R. Lessing, George E. Morris and Jona- than Lovelace. Oliver B. Johnston was named assistant secretary-treas- urer, and Franklin Waldheim, assist- ant secretary. Deny Dismissal Plea N. Y. Supreme Court Justice Aaron J. Levy has denied the application of Mervyn LeRoy to dismiss the $25,000 suit of Leonard Goldstein and upheld the sufficiency of the complaint. Gold- stein claims that he dropped a breach of contract suit against Kenny Baker on LeRoy 's promise to pay a fair sum in settlement. prior to Dec. 31, last, the society did not offer blanket licenses to networks but required each chain station to ob- tain a separate license, although the individual stations had no control over the compositions received from the originating station. "In plain language," Arnold said in his accompanying state- ment, "Ascap is charged with exploiting composers by pre- venting them from selling their music except on terms dictated by a self-perpetuating board of directors. That board has the power arbitrarily to determine on what basis various members of Ascap shall share in the royalties from Ascap composi- tions. "In addition to discriminating again composers, Ascap has been using its monopoly power to charge the users of music for songs they do not play. This is done by compelling the user to pay a percentage of his gross receipts on programs where other music is used or where no music is used. By this method, any- one who does not belong to Ascap is excluded from the market. These practices we consider not only illegal but unjustifiable on any ground of fair dealing" Arnold concluded. Ascap sources here yesterday in- dicated that while the committee still might meet with Arnold, little hope of an agreement resulting from such a meeting is held. "We cannot and will not commit organizational suicide," one Ascap of- ficial said referring to the consent de- cree proposals advanced thus far by the Department of Justice. "We will fight this action all the way to the Supreme Court," he added. Grierson Stays as Film Commissioner Montreal, Feb. 5. — J. A. MacKin- non, Canadian Trade Commissioner, announced today that John Grierson, acting Film Commissioner of the Na- tional Film Board, is to continue in that office. Previous reports were to the effect that Grierson, who came here from England in 1939, would resign. Mac- Kinnon said, "Mr. Grierson is willing to stay on and the Film Board is anxious to have him stay. I would say that certainly Mr. Grierson is continuing as Film Commissioner." Start 'Nazi Spy' Trial "Confessions of a Nazi Spy" was exhibited yesterday to Federal Judge Matthew T. Abruzzo and a jury at the Warner home office at the start of the $75,000 damage suit of Kathe- rine Moog against Warners. The plaintiff is suing on the claim that the film is a libel upon her character. ITOA Banquet March 1 The I.T.O.A, of New York will hold its annual banquet at the Hotel Astor March 1 it was announced yesterday. 4IT May Start '41-'42 Selling In Few Weeks (Continued from page 1) Monday, Scully said. Numerically, the schedule will be about the same as the current season's but will repre- sent a considerably higher production budget and a correspondingly larger number of top bracket pictures. Uni- versal officials regard the new sched- ule as the best ever offered by the company, on the basis of star, director, producer and story commitments al- readv made. The early selling start by Universal is appraised in the trade generally as a smart move. It is conceded that exhibitors, confronted with the con- sent decree buying system and all its attendant uncertainties will be quick to realize the advantage of being able to buy in block well in advance of the start of the decree method. United Artists and Columbia, which, like Universal, are not parties to the decree, also are preparing plans for sales conventions and the start of new season's selling as rapidly as possible. United Artists' plans are scheduled to be announced next week and Columbia's are expected upon the con- clusion of new season production con- ferences now in progress at the studio. Vogel Is a Guest at Miami Circuit Lunch Coral Gables, Fla., Feb. 5. — A- Mike Vogel, chairman of the Man- agers Round Table department of Motion Picture Herald, attended the weekly luncheon meeting here today of the Miami Paramount Circuit as guest of George C. Hoover, division head. Theatre showmanship and other phases of operation were discussed. Present from the theatres and home office were : Norman Rossman, Rollin Stonebrook, Howard Pettingill, Aus- tin Moon, Al K. Weiss, Irwin Waite, William Mount, James Barnett, Thomas Manning, Thomas Jefferson, Jerry Shenbach, Marshall Pinkert, Bert Jackson, Charles Whittaker, Carl Mott, Charles Walters, Dan Boon and Ralph Mclntyre. N. Y. Bill Regulates Child Appearances Albany, Feb. 5. — Assemblyman Harold Ehrlich today introduced into the New York legislature a bill regu- lating theatrical appearance of children under 16. The measure would amend the education law and repeal the pres- ent penal statute on the subject. The bill would set up local educa- tion boards or designated officials as authorities to grant written permission for such appearances. Exceptions are made for school dramatics and for not more than one hour weekly on amateur radio shows. The present law is allegedly enforced too rigidly. Penner Left $100,000 Los Angeles, Feb. 5. — Joe Pen- ner, who died recently in Philadel- phia, left an estate valued at more than $100,000. His will, filed here yesterday, left 60 2/3 per cent to his widow, and 33 1/3 per cent to his parents. Two uncles and a brother-in- law will divide the remainder. < u-^P o ^ Is a a ,o> a Cj^j Q _ v.a fcto |1" ■a *S X a ^ - SO*,* p £ft^' 2 o a u X ** & OJS?3-? 8 * "lit 23 a "a o 3~ £ It" _ o a Sp^ M~cj.f * t ~S 8 3 I05 < CO K W > i— i D •a •dps: | ft o *» «, ° ^ 2 sPfc o « to w coST o •2 §N J AO « a v. £ * § o £ of a . • ft & P| | Hi & S <■> ? p •a -a "« a ?> I "St -9 5! > a § 5 S-S O t> g o § j» u o s *^ O on < oQ a | ft a o I EC H o u .a «3 SO s o v fe •a ,„ o go I s.s OS KM 13 42 to .a O '03 V ftCVl «a O 'n3 2 ^ & M°-a o o « s O 2 »» a1 a bn y- "a .<» a ^ 73 i-i ^ a u ^ > CO 1 8Q "2 r • § £ ^co ^ -a o Q 3 a •o S fit-* o ,„ «•» O c~i 5 a w-a v.S coM COQ a S a ^ »n a n H a o o &< 11 O on * aco 5 ^rs > 5 e ft OQ-s ft t<« 2-E s t-5 n to a^ •SO. 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Lindsay i - ca S «j v b£5--a a 5 a |> •^P-S^ /-\ >jv a O 2 a ft^ to a g ft S a oft, •BP. E 00 ^ « 00 Guard Against Losses! Compiled by THEODORE J. SULLIVAN USE THIS SIMPLIFIED THEATRE ACCOUNTING SYSTEM $0.00 POSTPAID New " Easy 9 Complete ' Accurate Requires no bookkeeping experience! ALL SECTIONS ARE DEVISED SO THAT FULL TAX INFORMATION IS READILY AVAILABLE ORDER TODAY MAIL COUPON QUICLEY BOOKSHOP, ROCKEFELLER CENTER, NEW YORK Here is my check for $2.00. Send me "Theatre Management Record." Name Add ress City and State Theatre 8 Motion Picture Daily Thursday, February 6, 1941 Off the Antenna ALTHOUGH full details have not been set yet, it has been learned from • the Department of Transport at Ottawa that Canadian broadcast stations will switch to the new frequencies under the North American Regional Broad- cast Agreement at 3 A.M. on March 29, the same time set for the switch on U. S. stations by the FCC. • • • Purely Personal: Bob Wilson Iws joined the WNEW newsroom staff . . . Ben Bernie will return to New York with the cast of his NBC-Blue show for Tuesday's broadcast . . . Dorothy Thompson zvill be guest on "Why Democracy" over WMCA tomorrovu at 10:55 P. M. . . . Wolfgang Martin has been named musical director of WITH, Baltimore. • • • Women newsreel commentators will battle male commentators on the "Battle of the Sexes" over NBC-Red, Tuesday at 9 P.M. The women's team consists of Arlene Francis, RKO-Pathe; Sue Read, Paramount News; Adelaide Hawley, News of the Day; and Vyvyan Donner, Movie- tone News. On the men's side will be Andre Baruch and Jim Cum- mings, RKO-Pathe; Gregory Abbott, Paramount News; and Jack Haney, Movietone News. As usual Julia Sanderson will head the women's team and Frank Crumit, the men. • • • NBC has decided to concentrate control over all auditions in the future in the production department. Requests for client auditions or client hearings will be required to clear through the sales department. • • • Program News: Mars Candy has taken an option on the 5:30-6:00, CST, Sundays, spot on NBC-Red, effective March 2. A musical show to supple- ment the "Dr. I.Q." show is planned . . . Alexander Smith Carpet Co. will sponsor a series on home decoration over six New England CBS stations beginning Monday. It will be heard Mondays, Wednesdays and Fridays at 3 :30 P.M. . . . The "Pot o' Gold" show moves to Chicago for its Feb. 13 broadcast over NBC-Blue. Short Subject Reviews "Sky Raiders" (Universal) A master espionage agent attempt- ing to steal a speedy pursuit plane for a foreign government from the designer is the theme of this 12 chapter serial melodrama. The story is told with many popular players, in- cluding Donald Woods, Robert Arm- strong, Billy Hallop, Kathryn Adams and Edward Cianelli, in the cast. Based on first three chapters, during which the melodramatics are staged convincingly enough for the purpose, the film should be a strong weekend attraction. Running time, about 20 minutes each chapter. "Penny to the Rescue" (M-G-M) The ever witty Pete Smith once again offers an amusing "Specialty." Prudence Penny, home economist ex- traordinary, is seen coming to the rescue of Billy Newill, whose wife, Sally Payne, left him to prepare dinner. With simple foods Miss Penny prepares delicacies which leave the naive Newill flabbergasted. Smith's commentary is good for many laughs. Running time, 10 mins. "Training Police Horses*' (20th Century-Fox) This "Adventure of the Newsreel Cameraman" is a delightful human- interest subject and one that probably will be received warmly. It concerns the rigid training given a police horse and finally its placement in active duty. The instructions are long and tiresome for the animal, but the humane treatment given him and his own intelligence carry him through. The film is well done. Running time, 10 mins. "Fair Today" (Universal) A cartoon version of a country fair, with the familiar off-screen voice noting the points of interest, this is about average as far as laughs are concerned. The color work is notice- ably better than usual. Running time, 7 mins. 'Spotlight on Indo-China* (20th Century-Fox) The "Magic Carpet of Movietone" in this instance glides over Indo- China, France's Far-East colony, which, because of its geographical im- portance, is involved in the current dispute in the Orient. Thus the reel is timely despite evidences on the screen that the film was "shot" not too recently. Narration is by Lowell Thomas. Running time, 9 mins. "Stranger Than Fiction, No. 86" (Universal) Six subjects, which just border on the unusual in character, are pre- sented. They are an intricate Japa- nese typewriter, an automatic lifeboat launching device, a tree planted up- side down, a miniature city, a train that runs through water and an art- ist who wields the brush with his teeth. Running time, 9 mins. 'Maisie' and Show $12,000, Cincinnati Cincinnati, Feb. 5. — A stage show helped "Maisie Was a Lady" to a $12,000 gross at the RKO Shubert. "This Thing Called Love" did $5,000 in the second week at Keith's. Estimated takings for the week end- ing Jan. 29-Feb. 1 : "Arizona" (Col.) RKO A LB EE — (3,300) (33c-40c-50c) 7 days. Gross: $11,000. (Average, $12,000) "Second Chorus" (Para.) RKO PALACE— (2,700) (33c -40c -50c) 7 days. Gross: $10,500. (Average. $10,000) "Maisie Was a Lady" (M-G-M) RKO SHUBERT— (2,150) (33c-44c-60c) 7 days. Stage: "International Casino." Gross: $12,000. (Average, $10,000) "Thief of Bagdad" (U. A.) RKO CAPITOL— (2,000) (33c-40c-50c) 7 davs. 2nd week. Gross: $4,800. (Average, $5,500) "Road Show" (U. A.) RKO GRAND— (1,450) (33c-40c-50c) 7 days. Gross: $2,800. "Hudson's Bay" (20th-Fox) RKO LYRIC— (1,400) (28c -33c -42c) 7 days, 2nd week. Gross: $2,400. (Average, $4,500) "The Ape" (Mono.) "Chamber of Horrors" (Mono.) RKO FAMILY— (1.000) (15c-28c) 4 days. Gross: $1,300. (Average. $1,200) "Ole Swimmin' Hole" (Mono.) "Romance of the Rio Grande" (20th-Fox) RKO FAMILY— (1,000) (15c-28c) 3 days. Gross: $800. (Average. $800) "This Thin« Called Love" (Col.) KEITH'S— (1,500) (33c-40c-50c) 7 days, 2nd week. Gross: $5,000. (Average, $5,000) Obsolete Laws Deter Nova Scotia Building St. John, N. B., Feb. 5. — Retention of obsolete regulations by the Nova Scotia Board of Censors is discour- aging the establishment of new the- atres in the province, exhibitors main- tain. Although the objectionable clauses are not all enforced, they have been continued in the law, in spite of the vigorous objections of theatre men and can be implemented at any time the Censor Board wishes, and without warning. One calls for the immediate arrest without a warrant of any the- atre owner or manager, if a Censor Board representative finds one light in an exit not burning. FCC Settles Fight on Channel in Brooklyn Washington, Feb. 5. — The Fed- eral Communications Commission to- day settled the controversy over the use of the 1,500-kilocyele channel in Brooklyn by proposing dismissal with prejudice of the application of Station WMBQ for renewal of license ; dis- missal with prejudice of the applica- tion of Lillian E. Kiefer for a con- struction permit for a new station ; denial of the application of Paul J. Gollhofer for a construction permit for a new station ; denial of the appli- cation of Station WCNW for renewal of license and dismissal with prejudice of applications of the station for modi- fication of license, and grant of the application of Station WWRL for renewal of license and modification of license to include the hours of Station WMBQ and WCNW. 'Wind' Is Buffalo's Leader At $15,500 Buffalo, Feb. 5. — "Gone With the Wind" continued strong in its second week at the Great Lakes with $15,500. "The Philadelphia Story" and "The Wild Man of Borneo" made $16,100 at the Buffalo. Estimated takings for the week end- ing Feb. 1 : "The Philadelphia Story" (M-G-M) "The WUd Man of Borneo" (M-G-M) BUFFALO— (3,489) (30c-55c) 7 days. Gross: $16,100. (Average, $12,000) "Gone With the Wind" (M-G-M) GREAT LAKES— (3,000) (40c-55c) 7 days, 2nd week. Gross: $15,500. (Average, $7,500) "Here Comes the Navy" (W. B.) "River's End" (W. B.) HIPPODROME— (2,100) (30c-50c) 7 days. Gross: $5,400. (Average, $6,800) "East of the River" (W. B.) "Always a Bride" (W. B.) TWENTIETH CENTURY— (3,000) (30c- 50c) 7 days. Gross: $6,700. (Average, $7,500) "This Thing Called Love" (Col.) "The Great Plane Robbery" (Col.) LAFAYETTE— (3,000) (30c-40c) 7 days. 2nd week. Gross: $5,900. (Average, $6,300) Approval of FCC Is Requested on Four New Stations _ Washington, Feb. 5.— Applica- tions for construction permits for two new standard broadcast and two FM stations have been filed with the Fed- eral Communications Commission. The requests were submitted0 Dalton LeMasurier, seeking a 1 ' kilocycle station at Grand Forks, N. D., with 500 watts night, 1,000 watts day; the WTBS Radio Co., Inc., asking a 600-kilocycle, 1,000-watt station at Toledo, Ohio ; the Courier- Journal and Louisville Times Co., Louisville, Ky., seeking a 45,700-kilo- cycle FM station to cover 13,200 square miles with a population of 1,004,320, and the News Syndicate Co., Inc., New York, seeking a 44,- 700-kilocycle FM station to cover 8,500 square miles with a population of 11,212,416. Frequency Changes Sought The commission also received appli- cations from Stations WCAX, Bur- lington, Vt, for change of frequency from 1,200 to 620 kilocycles and in- crease of power from 250 to 1,000 watts; WISE, Asheville, N. C, for change of frequency from 1,370 to 1,200 kylocycle, and KTBS, Shreve- port, La., asking for increase of power from 1,000 watts to 5,000 watts night, 10,000 watts day, instead of to 50,000 as originally applied for. A construction permit was granted Richard Field Lewis, Jr., for a new 1,370-kilocycle, 250-watt station at Winchester, Va., and authority was granted Stations WREN, Lawrence, Kan., to increase night power from 1,000 to 5,000 watts; KWWJ, Port- land, Ore., to change frequency from 1,060 to 1,040 kilocycles and increase power from 500 to 1,000 watts; WSGN, Birmingham, Ala., to change frequency from 1,310 to 610 kilocy- cles and increase power from 250 to 1,000 watts; and KIRO, Seattle, to increase power from 10,000 to 50,000 watts. An application of the Camden Broadcasting Co. for a new 800-kilo- exle, 500-watt daytime station at Camden, N. J., was designated for hearing at a date to be set later. Radio Theatre Is Planned in Mexico Mexico City, Feb. 5. — A radio theatre in English, the first of the kind in Mexico, is being organized for opening in March by Leopoldo Samaniego, new director of Station XEXA here, which is operated by the Ministry of the Interior. Samaniego has long worked in radio in Mexico and has seen service in the United States. This is part of the station's pro- gram of general improvement in its non-commercial broadcasts, which are intended to give better cultural, edu- cational and Government publicity services and to increase good will be- tween Mexico and the United States. Repair Mexican Station Mexico City, Feb. 5. — Repairs are being rushed on XEBT, the short wave section of Station XEB here, owned by the Ruan Tono Cigarette Co., which was destroyed by fire caused by a power short circuit. Alert, InteWgei my >aMe to the^l cjtion Picture Industry MOTION PICTURE DAILY First In FUm-aru (Radio )f& Accural and Impartial ;_^L. 49. NO. 27 NEW YORK. U.S.A., FRIDAY, FEBRUARY 7, 1941 TEN CENTS 1 Universal to Offer 42 to 46 Next Season Production Budget Will Be Firm's Largest Universal will schedule between 42 and 46 features for new season release, approximately half of which will _ be top budget productions representing the largest cash outlay on a season's program in the company's history. District and branch sales managers at the company's three-day sales convention opening at the Blackstone Ho- tel. Chicago, tomorrow, also will be informed that the com- pany will release 12 to 14 ac- tion pictures, four serials, 56 shorts and 104 issues of Uni- versal Newsreel next season. The program numerically is about the same as the company announced for the current season, but represents a much higher production appropria- tion. Definite commitments for new stars, producers and directors for the new season's lineup already have been made by the studio. The company's product announcement will be made to the convention on Monday. The first two days of the session will be devoted to discussion of the balance of Universal's current season releases, a large part of which also lias been augmented by increased ap- propriations for the addition of stars and other production values under Universal's policy of flexibility. Be- tween now and Sept. 1, Universal will (.Continued on page 6) Majors Watching British Film Plan London, Feb. 6. — Representatives of American companies here are watching closely the development of Government plans to establish a Films Commission which would exercise virtual control over the British indus- try, and a Credit Bank for production. It is the contention of the American firms that any such commission should concern British production ex- clusively. The recent agreement on the withdrawal of British currency by American companies is known to include a clause giving the American firms the right to cancel the pact in the event of any legislative or other act considered prejudicial to their in- terests. During the negotiations on the ex- (Contimied on page 7) $7,600,000 Para. Report Due Today Paramount's 1940 financial report which is expected to show, according to Wall St. sources, a net profit of ap- proximately $7,600,000 for the year including the company's equity in undistributed earn- ings of subsidiaries, will be released following a meeting of the company's board of directors today. The board may also put the common stock on a regular dividend, probably 20 cents, it was also reported. Holdovers Bring Good B'way Gross Holdover attractions brought strong grosses to Broadway first runs dur- ing the week as mild Winter weather drew crowds to the downtown area. With an estimated $85,000 for its sixth week. "Philadelphia Story" and a stage show set a new Music Hall mark for a single engagement by bringing the total six-week tally to an estimated $590,000. Another big holdover gross was that of "Tall, Dark and Handsome" with a stage show at the Roxy which drew an estimated $48,500 for its sec- ond week but had to be withdrawn be- cause of a crowded booking calendar. "Western Union" opened there yester- day. At the Strand, the second week (Continued on page 7) Ascap Board Will Discuss Decree in Washington Today The entire Ascap board of directors and officers of the society will meet in Washington today with officials of the Department of Justice to discuss further the Government-Ascap propo- sals for a consent decree in settlement of the pending Federal actions in Mil- waukee and New York. In addition to the Ascap board of 24 members, at least 21 of whom are available for the Washington meeting, Gene Buck, Ascap president ; E. C. Mills, chairman of the executive com- mittee, and John G. Paine, general manager, will attend. The group left for Washington last night, with sev- eral expressing optimism over the prospect of reaching an agreement. There is a possibility that Attor- ney General Robert H. Jackson and Assistant Attorney General Thurman Arnold will attend the meeting, with members of their staffs. The Ascap board would be in a po- sition to convene and ratify an agree- ment if one could be reached today. Merrill Is Officer of RKO Radio Pictures William J. Merrill was elected a vice-president of RKO Radio Pic- tures at a meeting of the board of the company this week. Merrill has been a vice-president and treasurer of the parent company, Radio-Keith- Orpheum Corp., for the past year. General Price Increase Advocated by Bernhard A general raise of admission scales throughout the country in order "to protect the financial structure of our business," was ad- vocated yesterday by Joseph Bern- hard, general manager of War- ners Theatres, in addressing mem- bers of Ampa at their luncheon meeting at the Hotel Edison. At the same time, Bernhard reiterated his ob- jections to peri- odic admission in- creases for occa- sional big attrac- tions. Bernhard pointed out that there Joseph Bernhard were not enough such big attractions to support the industry profitably and that the occasional raising of scales eventually will make the public "price-conscious to a dangerous de- gree." "Our customers will look upon prices as a trade-mark of quality," Bernhard said. "Unconsciously, we will be telling the public that when the price goes up it is a good pic- ture ; when the price remains sta- tionary, it is not good. Keep- up the juggling of prices and you will shift emphasis from entertainment to price. "When we do play a 'smash' picture at regular prices, tiiat is a special dividend we are giving to our cus- tomers to keep them going, and to earn their goodwill." Asserting that where 10 years ago the customer was spending an -iver- (Continued on page 7) Goldwyn May Stay With UA Despite Deal U. A. Buys Goldwyn Stock ; Contract Cancelled Hollywood, Feb. 6. — Following the closing of a deal today whereby U.A. purchased Samuel Goldwyn's stock and released him from his distribution contract, and Goldwyn dropped his suit against the company, the producer declared that he might "even stick with U.A." for distribution of his forthcoming films. The deal climaxed several years of dispute over company policy. Gold- wyn said the price of his stock or other financial arrangements remained "a secret," and added that he had no immediate plans beyond the filming of "The Little Foxes," a play - by Lillian Hellman. Goldwyn, who has released through U.A. since 1926 and has been an owner-member since 1927, declared, "I've been under contract for a great many years and I'll be glad to get a rest." Despite Goldwyn's statement that he might "stick with U.A.," it was believed here that he may release through Warners in the future. Gold- wyn arranged with Warners for the distribution of "The Westerner," his last production, but the deal was can- celled after U.A. threatened legal action, it was recalled. Furthermore, it was pointed out, his next produc- tion, "The Little Foxes," will prob- ably star Bette Davis, borrowed from (Continued on page 7) MPTOA Convention On Coast in Spring National convention of M.P.T.O.A. probably will be held in Los An- geles toward the end of April or early in_ May, Ed Kuykendall, president, said on his arrival here yesterday from Washington. Kuykendall emphasized that no de- finite arrangements have been made yet but that he hopes to complete plans for the convention before leav- ing New York within a few days. The M.P.T.O.A. head conferred with members of Congress in Wash- ington on possible revisions of the Federal admission tax. Kuykendall reported that while a revision of the admission tax appears to be certain when the general tax bill comes be- fore Congress later, no final deci- sions have been made on changes yet. 2 Motion Picture daily Friday, February 7, 1941 Personal Mention Newsreel Argentina to Set 'Dictator' Status Buenos Aires, Feb. 6. — The Argentine Federal Govern- ment will name an official committee to determine whether "The Great Dicta- tor" affects foreign relations with friendly governments. The move will be made in view of the fact that the film has been banned here but is being shown in several other cities. The committee will determine whether ex- hibition is to be permitted and if so, whether cuts must be made. Studio Locals May Seek Aid in Dispute Hollywood, Feb. 6.— Aid of their Internationals may be sought by locals in the studio basic labor agreement for settlement of their demands for better working conditions, it appeared today. Business representatives of the locals involved met today and turned down what they termed an unfair compromise offered by the producers and in which no concessions to their demands were made, it was reported. Union leaders were said to be irri- tated by the long delay in getting answers from the producers on work- ing condition demands which were referred to the west coast at the December, 1939, meeting of pact sig- natories in Atlantic City. Among the demands of the team- ster, plasterer, laborer, musician, car- penter and electrician locals was a limitation on cancellation of a work notice to eight hours before the work is to start. The producers agreed to a three-hour period of cancellation but this was rejected today. At pres- ent there is no cancellation period provided. Sets Combination Bill Columbus, O., Feb. 6. — The RKO Palace, which ordinarily plays straight pictures, with an occasional stage at- traction, will play a combination stage show and picture policy for at least four consecutive weeks. It has not been decided whether this policy will be permanent. RESTAURANTS 1626 BROADWAY 1655 (Next to the (51st 8treet Bivoll Theatre) Comer) For over 20 years the luncheon and dinner place for Motion Picture People Sole agents in New York for FAMOUS BLUM'S ALMONDETTES from San Francisco, California STANTON GRIFFIS, chairman of the Paramount executive com- mittee, will leave for Florida tomor- row for a 10-day vacation. • Albert Deane of the Paramount foreign department is recovering from an injury incurred in a fall on an icy walk. • Mrs. E. W. Hammons will leave for Tucson, Ariz., today for a lengthy stay. • George J. Schaefer, RKO presi- dent, has postponed his departure for the Coast again. He is scheduled now to leave a week from today. • Mr. and Mrs. Leo Spitz are scheduled to return from California on March 1. • Hal Wallis, Warner executive producer, is en route back to the Coast after two weeks of conferences at the home office. • Ben Kalmenson, Warners' W est- ern and Southern sales manager, has returned from a tour of exchanges in his territory. • George S. Jeffery returns tomor- row from a four-day business trip to Montreal and Boston. • Lynn Farnol will leave for the Coast by plane Sunday for a brief visit. • Robert Denton, Paramount News- reel chief in Washington, has recov- ered from influenza. • Emanuel Silverstone, Harry Cosman, Seymour Poe and Sam Tulpan at Lindy's (next to the Rivoli) for lunch yesterday. Centralize Warner Phila. Area Houses Philadelphia, Feb. 6. — In a move to centralize the operation of Warner Theatres in this area, Zone Manager Ted Schlanger today made A. J. Vanni, formerly in charge of the Wilmington district, head of all the circuit houses outside of Philadelphia. Vanni's territory also includes Atlantic City, filling the vacancy left today by the resignation of Herbert L. Copelan. Vanni's head- quarters will be here. Three district managers covering the area outside Philadelphia were also set up under Vanni : Mort Levine, for southern New Jersey from Atlantic City to Camden ; Jack Mulhall for eastern Pennsylvania, covering Ambler, Chester and Reading, and Edward Moore, for central Pennsylvania, cov- ering Lancaster, York, Hanover and Gettysburg in addition. For the first time five city manager posts were designated, Joe Murdock, Camden ; Joe Berger, Chester ; Ray O'Connell, Lancaster ; Lou Black, Wilmington, and Paul Harvey, York. Waldorf Theatre Sold The Waldorf Theatre on 50th St. has been sold by the Greenwich Sav- ings Bank to William A. O'Brien, who plans stores on the site. SAM DEMBOW, JR., Paramount theatre executive, will return to his office on Monday. He has been confined to his home for the past few weeks following an automobile acci- dent. • Joseph Hazen and Gradwell Sears of Warners were on the sick list yesterday. • Frederick L. Herron of M.P.P. D. A. is confined to his home with the grippe. • Lou Weinberg, Columbia circuit sales executive, will leave for Florida tonight for a vacation. • Hal Horne, vice-president and Eastern representative of Walt Disney Productions, is at home with a back ailment. • Arthur Kelly, Pat Powers, Douglas Rothacker, Maurice Berg- man, Fred McConnell, Charles Paine and Walter Futter at the Tavern yesterday for lunch. • William F. Rodgers, Oscar A. Doob. Edward Saunders, Ralph Austrian, Boris Karloff, Charles E. McCarthy, M. A. Schlesinger and George Skouras having lunch yesterday at Nick's Hunting Room in the Astor. • Herman Wobber, Adolph Zukor, Barney Balaban, Austin Keough, I. E. Lopert, Arthur Krim, Toby Gruen, Luther Adler, John D. Hertz, Jr.. John Buchanan, Ar- mando and Jack Kirkland lunching yesterday at Sardi's. • Harry Braxdt. Robert Weitmax, Jack Goetz, Joseph Pincus and Jo- seph Moskowitz having lunch yes- terday at Lindy's (51st St.). Sues Loew Officers On Proskauer Fee Ruth L. Kirby, minority stockholder of Loew's, filed suit yesterday against Loew's, Nicholas M. Schenck, David Bernstein, Al Lichtman, J. Robert Rubin and Joseph M. Proskauer, the last named the attorney who repre- sented the defense in a stockholder's suit against the company in 1939. The plantiff seeks to have repaid to the company, $100,000 paid to Pros- kauer for legal fees in that case. The coniplaint alleges that since in the original action the defendants had been ordered to repay $527,000 to the com- pany the decision represented a victory for the stockholders and that Pros- kauer's fees should have been paid by the individual defendants rather than by Loew's. The answer alleges that Proskauer represented the company and not the individuals. Outdoor Ad Control Bill Filed in Albany Albany, Feb. 6. — A bill implement- ing Governor Lehman's annual mes- sages concerning the regulation of outdoor advertising in New York State was submitted jointly today by Senator G. Frank Wallace and As- semblyman Robert F. Wagner, Jr. The bill, directed mainly at eliminat- ing misleading stoplights and the like, treats the subject generally, Parade Ol'TSTANDhVG in the new issues is Wendell Willkie's visit in Eng- land. President Batista of Cuba in Havana after a revolt was attempted, miscellaneous war items and general news material, including sports, form the reels. The contents: MOVIETONE NEWS, No. 44— Britis>- take Bardia. Willkie in England. Jjrks commission old locomotives. Army C\C\C\ students get final instructions. Hat fasn ions. Silver Skates championships. Out- board race in Washington. NEWS OF THE DAY, No. 242— War in Libya. Willkie in London. New auto- giro jumps straight up. Silver Skates. Outboard race. PARAMOUNT NEWS, No. 47— Outboard race. Batista addresses Cuban army. Midshipmen graduate in Annapolis. Brit- ish advance in Libva. Willkie in Eng- land. RKO PATHE NEWS, No. 47— Batista introduces new Cuban army chief. London- ers make flour from potatoes. Maneu- vers at Fort Benning. Cavalry maneuvers in Australia. Elmer Layden named pro- fessional football czar. Alligators on St. Augustine farm. Test new autogiro. Midget auto race in Chicago. London welcomes Willkie. UNIVERSAL NEWSREEL, No. 952— Batista in Havana. Willkie in London. American Legion mission off to London. New autogiro hops off ground. Silver Skates meet. Circus in Miami. Women's fashions. Outboard race. Chemically-made clothes in Chicago. Boat regatta in Se- attle. 'Baines* to Open in Vermont Thursday The world premiere of "Scatter- good Baines," RKO film starring Guy Kibbee, based on the Clarence Bud- dington Kelland character, will be held at Montpelier, Vt., next Thurs- day evening. The event, to be broadcast over the Yankee network, will be held at the Capitol Theatre, with Gov. William H. Wills of Vermont scheduled to attend. With him will be many state officials, leading business men and newspaper representatives from New England cities. Kibbee will attend from Hollywood. A group from the RKO home office will accompany him from here. Dietz Starts East Today Hollywood, Feb. 6. — Howard Dietz, M-G-M director of advertising and publicity will leave tomorrow by train for New York after a month of con- ferences about campaigns on Spring product. MOTION PICTURE DAILY (Registered U. S. Patent Office) Published daily except Saturday, Sunday and holidays by Quigley Publishing Company, Inc., 1270 Sixth Avenue, Rockefeller Center, New York City. Telephone Circle 7-3100. Cable address, "Quigpubco, New York." Mar- tin Quigley, Editor-in-Chief and Publisher; Colvin Brown, Vice-President and General Manager; Watterson R. Rothacker. Vice- President; Sam Shain, Editor; Alfred L. Finestone, Managing Editor; James A. Cron, Advertising Manager; Chicago Bureau, 624 South Michigan Avenue, C. B. O'Neill, Manager; Hollywood Bureau, Postal Union Life Building, William R. Weaver, Editor; London Bureau, 4 Golden Square, London Wl, Hope Williams, Manager, cable address "Quigpubco, London." AH contents copy- righted 1941 by Quigley Publishing Com- pany, Inc. Other Quigley publications: Motion Picture Herald, Better Theatrei, International Motion Picture Almanac and Fame. Entered as second class matter, Sept. 23, 1938, at the post office at New York, N. Y., under the act of March 3, 1879. Subscription rates per year $6 in the Americas and $12 foreign. Single copies 10c. CAGNEY'S TOP IS STRAWBERRY BLONDE! We're not kidding. Better stop all booking commitments after Strawberry Blonde because there's no telling how long A 6^ JAM ESOAGN EY He scraps as hard as ever — only it looks a lot funnier! . . and OLIVIA DeHAVILLAND Delivering their all-time standout performances in you've ever seen with RITA HAYWORTH and ALAN HALE - JACK CARSON * GEORGE TOBIAS Directed by RAOUL WALSH Screen Play by Julius J. and Philip G. Epstein • From a Play by James Hagan A Warner Bros.-First National Picture 6 MOTION PICTURE DAILY Friday, February 7, 1941 Universal to Offer 42 to 46 Next Season (Continued from page 1) deliver 29 features and a serial, all of which either are completed in work or in preparation. Considerable atten- tion will be given by the sales force to the proper marketing of the bal- ance of this season's product during the coming months The meeting will be attended by all of Universal's top home office and studio executives, in addition to the district and branch managers who were listed in Motion Picture Daily on Jan. 30. The Eastern contingent, consisting of the following, will leave here to- night for Chicago: J. Cheever Cowdin, chairman of the board; Nate J. Blum- berg, president; W. A. Scully, vice- president and general sales manager, who will preside at the meeting; t. J A McCarthy, Eastern sales man- ager • W J. Heineman, Western sales manager ; J. H. Seidelman, vice-presi- dent and foreign manager ; Charles D. Prutzman, vice-president and general counsel ; Adolph Schimel, home office attorney; B. B. Kreisler, short sub- jects sales manager; James J. Jor- dan, F. T. Murray, A. J. Sharick, Morris Alin and Henry A. Linet. Representing the studio will be: Cliff Work, vice-president and studio head- Matthew J. Fox, vice-president; John Joseph, advertising and publicity director; Joe Pasternak, Milton Feld and Dan Kelley. A Canadian contingent will include : Oscar Hanson, president of Empire- Universal, Canadian distributor for the company; Paul Nathanson, vice- president of Empire-Universal ; A. W. Perry, general sales manager, and Clair Hague, Canadian representative. 33 RKO Theatres Shift Feature Time By Wednesday 33 RKO theatres in the Metropolitan area will have adopted the policy of showing the main feature at either 9 or 9 :30 P. M. as a further inducement to patrons not desiring to see both features on double feature programs. The circuit experimented with such a policy last September at the 86th Street Theatre and to date has in- stituted the change in about eight others. As scheduled, 31 Loew's double bill theatres in the area began last night, presenting the main feature at 9 P. M. O'Brien Play Ready Robert O'Brien, son of Dennis F. O'Brien, prominent industry attorney and member of the board of United Artists, is co-author and producer, with Eddie Gilmore, of a revue to be presented at the Barbizon-Plaza Little Theatre, Feb. 21-23, for the benefit of the British War Relief Fund. Hettesheimer Dies Cincinnati, Feb. 6. — Andrew G. Hettesheimer, 73, operator of the sub- urban Norwood Theatre, died at Christ Hospital last night following a heart attack Saturday. His widow, two sons and two daughters survive. Universal Executives Attend Convention J. C. COWDIN Chairman of Board N. J. SLUMBER G President of Universal W. A. SCULLY General Sales Manager CLIFFORD WORK Vice-President Production MATTHEW FOX Assistant to President f. .i. McCarthy Eastern Sales Manager W. J. HEINEMAN Western Sales Manager H. SEIDELMAN Vice-President Foreign B. B. KREISLER Short Subjects Sales Head C. D. PRUTZMAN General Counsel of Universal JOHN JOSEPH Director Publicity and Advertising LOUIS POLLOCK Advertising Head in East Commonwealth Shift Auditor, Managers Kansas City, Feb. 6. — L. D. Par- rott, auditor for Commonwealth Amusement Corp., has been shifted to Creston, la., as manager for the Commonwealth houses there. He succeeds Merl Hillyer, who will man- age the Commonwealth Benton, Kansas City suburban house. Howard Wolf goes from the Ben- ton to the Varsity at Lawrence, Kansas, as manager under Stanley Schwann, city manager. Hazel Ralph becomes auditor for the circuit here. AFA Fund Plan to Court Plan for the appointment of Senator Robert F. Wagner, Joseph Padway and Sidney E. Cohen as trustees with- out compensation to administer the death benefit fund of the defunct American Federation of Actors was submitted yesterday to N. Y. Supreme Court Justice Bernard L. Shientag for his approval. Kyser, 4Play Girl' $28,000, Cieveland Cleveland, Feb. 6. — Kay Kyser on the RKO Palace stage, with 'Play Girl" on the screen, hit a smash $28,- 000 at the RKO Palace. "Gone With the Wind" at Loew's State took $22,- 000 in its second week. Estimated takings for the week end- ing Jan. 30 : "Kitty Foyle" (RKO) ALLEN— (3.000) (33c -39c -47c) 7 days, 3rd week. Gross: $5,500. (Average, $4,000) "This Thing Called Love" (Col.) HIPPODROME — (3,800) (33c-39c-47c) 7 days. Gross: $14,000. (Average, $11,000) "Play Girl" (RKO) RKO PALACE— (3,100) (33c -47c -55c) 7 days. Kay Kyser on stage. Gross: $28,000. (Average, $13,500) "Gene With the Wind" (M-G-M) LOEW'S STATE— (3,500) (40c-58c) 7 days, 2nd week. Gross: $22,000. (Average at 33c-39c-47c, $11,000) "Dr. Kildare's Crisis" (M-G-M) LOEW'S STILLMAN— (1,900) (33c-39c- 47c) 7 days. Gross: $3,000. (Average. $4,000) 69 Canada Stations Change Frequency Ottawa, Feb. 6. — Sixty-nine of the 86 broadcasting stations in Canada op- erating in the standard broadcasting- band will be changed at 3 A. M., March 29, Supply Minister Howe has announced. The reallocation of frequencies con- forms with the agreement reached at the international radio conference in Havana in 1937, and the Washington engineering conference just completed, said the Minister, under whose juris- diction radio broadcasting falls. Howe's statement listed the follow- ing as some of the principal alloca- tions in central Canada : CBF, Mon- treal, 690 kilocycles from 910 kilocy- cles ; CBL, Montreal, 740 kilocycles from 840 kilocycles ; CFRB, Toronto, 860 kilocycles from 690 kilocycles ; CKAC, Montreal, 730 kilocycles, no change; CKLW, Windsor, Out, 800 kilocycles from 1,030 kilocycles; CBM, Montreal, 940 kilocycles from 960 kilocycles. Friday, February 7, 1941 Motion Picture Daily 7 Goldwyn May Stay With UA Despite Deal (Continued from page 1) arners. William Wyler probably ill direct. Goldwyn has devoted uch of his time recently to war re- work, in which activity he has h closely associated with Harry M. 'JFid Jack Warner. Although the price paid for Gold- wyn's stock was undisclosed, it was reported to be in the neighborhood of $300,000. Goldwyn's distribution con- tract had more than four years to run under its terms. Following the negotiations, Maurice Silverstone, U.A. operating head, left for Palm Springs for a rest. Silver- stone plans to return here Feb. 13. Holdovers Bring Good BVay Gross (Continued from page 1) of "High Sierra'" with Henry Busse's band on the stage was good for an estimated $35,000 and "Honeymoon for Three" with Ray Noble's band on the stage will open this morning, with the next film scheduled to be "Strawberry Blonde." In its return engagement at the Capitol, "Gone With the Wind" garnered an esti- mated $50,000 for the second week and started the third yesterday. Sixteenth week for "The Great Dictator" brought an estimated $13,- 000 at the Astor. At the Broadway, "Fantasia" should gross an estimated $22,000 for the 13th week which ends tomorrow. "The Saint in Palm Springs" brought an estimated $7,000 for a week at the Rialto and was followed yesterday by "Face Behind the Mask." Majors Watching British Film Plan (Continued from page 1) change agreement, the Government in- dicated it was working on the com- mission situation, and would not promise to abandon it at that time. It is believed in informed circles that the commission plan of the Brit- ish Board of Trade is aimed particu- larly at assistance to producers, but a close watch is being kept by American interests for other develop- ments on the commission situation. Lane Heads N.A.B. District on Coast Sax Francisco, Feb. 6. — Howard Lane, manager of all MeClatchy sta- tions in California and Nevada, was unanimously reelected director of the 15th District of the National Associa- tion of Broadcasters at the district session here. He will serve for two years. The session went on record as favoring continued support of the BMI program of combating Ascap. WIP Joining Mutual WIP, Philadelphia, operating with 5,000 watts on 610 k.c, will become a full time Mutual affiliate March 1 when Mutual's present outlet in that city, WFIL, will end its affiliation. Hollywood Review "The Mad Doctor" (Paramount) Hollyzvood, Feb. 6 '"pHIS is a melodrama in the thrill-chill tradition. It is being coupled, in fact, with "The Monster and the Girl" as a "spook week" attrac- tion at the Paramount Theatre in Los Angeles. The film contains three murders, not counting a couple that have occurred prior to the start of the picture, but is set apart from other films in kind by the introduc- tion of psychiatry, presented in orthodox fashion, as a major factor in what goes on. That is to say, the doctor of the title, a psychiatrist, psycho-analyzes an intended victim and also himself, by standard means, thus furnishing to the audience a motive for his activities which dif- fers from those commonly employed in these shockers. Basil Rathbone is seen as the doctor, Ellen Drew as the girl he mar- ries, Barbara Allen as her sister, John Howard as her reporter sweet- heart, Martin Kosleck as the doctor's companion in crime, and Ralph Morgan as an honest practitioner. Origin of the doctor's impulse to marry and murder women of wealth is, according to his explanation, his betrayal by his first wife and his best friend, both of whom he murdered. Having wed and killed two more women, he meets and psycho-analyzes a girl whose influence, he believes, will reform him. His last previous murder is detected, how- ever, and, although two more murders are committed by way of trying to prevent capture and conviction, his plot fails and he commits suicide. A bit of body-snatching is an incident in the film. Direction is by Tim Whelan. Running time, 90 minutes. "G"* Roscoe Williams "G" denotes general classification. General Price Increase Advocated by Bernhard (Continued from page 1) age of $1 with the industry, the av- erage is now 75 cents, the Warner circuit head irged as the first jcb for the industry's -idvertising and pub- licity men the creation of "a public state of mind toward motion pictures which would enable us within the very near future to advance our ad- mission prices at least to the 1930 level." Their second, but most im- portant task, he said, is to build good will for the industry as an institu- tion. He charged "fan" magazines, Hollywood columnists, newspaper critics and others with dissipating the good will of the industry through de- structive criticism, dissemination of malicious gossip and careless and in- efficient picture appraisals, all to the direct detriment of the box-office. "I know of no trade paper conduct- ing itself in that way," Bernhard said. The Warner theatre executive was introduced by Mort Blumenstock, Eastern advertising and publicity di- rector for Warners, who, reviewing Bernhard's 11 -year record in his po- sition, observed that he had turned the operations of the company's 500 theatres from a losing to a profitable basis within a few years. On the dais at the meeting in addi- tion to Bernhard were : Leon Bam- berger, Ampa president ; Clayton Bond, Carl Leserman, Blumenstock, Harry Goldberg, Sam Schneider, Ed Schreiber and Paul Lazarus. Ampa's next meeting, Feb. 20, will have Herman Robbins, president of National Screen Service, who is ob- serving his 20th anniversary in the in- dustry, as its guest of honor. 'Wind' Sets Record In Mexico City Run Mexico City, Feb. 6. — "Gone With the Wind" broke all records in its first week of a six-week engagement at the Cines Alameda and Iris here. The Alameda grossed $15,500 in the first week of "Wind," about $4,000 more than it ever did before in the first week of any film. This is a new week's record for Mexico. The Iris has not announced its first week's revenue but it is said that the Iris did not do as well as the Alameda. The Alameda and the Iris have aban- doned their policy of reserved seats for "Wind" because of the abuse of speculators who bought up blocks of tickets and were selling them for $1.10 each. 'Foyle' Big $11,000 Indianapolis Lead Indianapolis, Feb. 6. — "Kitty Foyle" and "Remedv for Riches" drew a big $11,000 here." Estimated takings for the week end- ing Jan. 30 : "Kitty Foyle" (RKO) "Remedy for Riches" (RKO) CIRCLE— (2,800) (28c-33c-44c) 7 days. Gross: $11,000. (Average, $6,000) "High Sierra" (W. B.) "Give Us Wings" (Univ.) INDIANA— (3,200) (28c-33c-44c) 7 days. Gross: $8,500. (Average, $5,500) "Thief of Bagdad" (U. A.) "Ncbody's Children" (Col.) LOEW'S— (2,800) (28c-33c-44c) 7 days. Gross: $9,400. (Average, $7,000) "Barnyard Follies" (Rep.) LYRIC— (2,000) (28c-33c-44c) 7 - days. Stage: "Shoot the Works," with Ezra Buz- zington and his band. Gross: $8,800. (Aver- age. $8,000) 'Wind' Holds Boston Pace With $28,000 Boston, Feb. 6. — "Gone With the Wind," in the second week at Loew's Orpheum, drew a strong $28,000. "Flight Command" and "Keeping Company" accounted for $17,500 at Loew's State. Estimated takings for the week end- ing Jan. 29-31 : "Bowery Boy" (Rep.) "Escape to Glory" (Col.) "You're Out of Luck" (Mono.) "Misbehaving Husbands" (P. R. C.) KEITH BOSTON— (3,200) (25c-35c-40c- 55c). "Bowery Boy" and "Escape to Glory" 4 days with vaudeville, including Borra Minnevitch and gang, Harrison Sisters, Peg Leg Bates, Bert Walton, Clemens Belling Company; "You're Out of Luck" and "Misbehaving Husbands" 3 days. Gross: $8,200. (Average, $8,000) "Kitty Foyle" (RKO) "Saint in Palm Springs" (RKO) KEITH MEMORIAL — (2,907) (25c-35c- 40c-55c) 7 days, 4th week. Gross: $12,500. (Average, $16,000) "Victory" (Para.) "Life with Henry" (Para.) METROPOLITAN— (4,367) (25c -35c -40c - 55c) 7 days. Gross: $13,000. (Average, $15,- 500) "Go West" (M-G-M) "Haunted Honeymoon" (M-G-M) PARAMOUNT— (1,797) (25c-35c-40c-55c) 7 days. Gross: $9,000. (Average, $7,500) "Go West" (M-G-M) "Haunted Honeymoon" (M-G-M) FENWAY— (1,320) (25c-35c-40c-55c) 7 days. Gross: $4,800. (Average, $4,500) "Santa Fe Trail" (W. B.) "Night at Earl Carroll's" (Para.) SCOLLAY— (2,500) (25c-44c-55c) 7 days. Gross: $4,200. (Average, $4,000) "Flight Command" (M-G-M) "Keeping Company" (M-G-M) LOEW'S STATE— (3,000) (25c-35c-40c- 55c) 7 days. Gross: $17,500. (Average, $12,000) "Gone with the Wind" (M-G-M) LOEW'S ORPHEUM— (2,900) (40c-55c) 7 days, 2nd week. Gross : $28,000. (Average, $17,500) Fleischer Starts Feature Cartoon Miami, Feb. 6. — The Fleischer Studio here has started production on its second feature length cartoon. The feature, titled "Mr. Bug Goes to Town," will be in Technicolor, and will be a Paramount release. Based on an original story, the film is expected to require 10 months to complete, employing about 700 artists, according to Dave Fleischer, produc- tion head and director of the film. The story is intended as a dramatic theme, concerning a group of insects whose home is a patch of earth just off Broadway. S hour as to Washington Spyros P. Skouras, president of National Theatres and president of the Greek War Relief Association, flew to Washington last night to confer with Greek Ambassador Kiman Diamonto- polous about future plans for civilian relief in Greece. 'Boudoir,' New Play Is Opening Tonight Jacques Chambrun's pro- duction of "Boudoir," a new play by Jacques Deval, opens tonight at the Golden with Helen Twelvetrees, Taylor Holmes and Else Argal in the top roles. fa Ell lNTER.COMMU— OH ML SA1£SE)£CIJTIVES. ^7olioi»s: TO AI£_2*==- ^TvrrAT are as i« -VNCHBURG ^ ** ' . _70% over N- „ ^P0KT S* ibices mV ,,n,K 'Idvlnoed PrlceS „ take and NORFOLK V* a „Nj|.M.F- cineapore «\ -Equals » „Road to 6M„lcvibor' (5 days! grosses R° „LoveTMNex6ft Si 76 Paramount presents es. a* •ttvo' sitie ss is TO »' Vl*-0 'to-3'5 no**1*0 MADELEINE A 'to se FRED I CARROLL MacMURRAV « Stirling Hayden • Helen Broderic Marie Wilson • Carolyn Lee Sooon Way by Virginia Von Upp • kaMd en • Story by Edward H. Grl and Virginia Van Upp • Rraducad and Diractad by EDWARD H. ORIF 3^ G • anu to xne vq anon ricxuro Industry MOTION PICTURE DAILY M 49. NO. 28 NEW YORK, U.S.A.. MONDAY, FEBRUARY 10, 1941 TEN CENTS 'IP Production Nominations for Academy Complaint in Budget Raised By $2,500,000 Chicago Meeting to Get New Lineup Today Chicago, Feb. 9. — Universal's pro- duction budget for the 1941 -'42 season will be increased by approximately $2,500,000 over the current season's budget, the company's district and branch managers in convention at the Blackstone Hotel here were informed yesterday by Nate J. Blumberg, presi- dent. The increase, following upon one of $2,000,000 last year, will provide the studio with $4,500,- 000 more of production funds than were available to it for the 1939-'40 program, it was pointed out. The company's new season produc- tion schedule, insofar as definite com- mitments entered into thus far will permit, will be disclosed to the meet- ing tomorrow by William A. Scully, vice-president and general sales man- ager. Scully opened the meeting Sat- urday morning and is presiding over the sessions. About 100 Universal home office and studio executives, dis- trict and branch managers and Ca- nadian representatives are here for the convention, which will end tomor- row. The first two days of the session were devoted to discussion of the 29 features which Universal will release (Continued on page 4) Zukor Chairman of Greek Relief Drive Adolph Zukor, chairman of the Paramount board, has accepted the chairmanship of the amusement indus- try division of the Greek War Relief Association, headquarters of which have been opened in the Pa! amount Building. Zukor announced that the following will serve on the advisory committee : Will H. Hays, Martin Qu „dey, Sid- ney R. Kent, Sam H. Harris, Joseph Bernhard and W. G. Van Schmus. Gradwell L. Sears is chairman of the distributors' committee and John H. Harris, chairman of the exhibitors' committee. The country has been di- vided into 12 zones and the chairmen are: Arch M. Bowles, John J Fried!, Harry M. Kalmine, M. A. 1 ightman, M. J. Mullin, R. J. O'Donnell, Elmer C. Rhoden, E. V. Richards, Frank H. Ricketson, Jules J. Rube s, J. R. Vogel and R. B. Wilby. Awards Are Announced Hollywood, Feb. 9. — Nominations for the Academy Awards of 1940, from which the prize winners will be decided at the annual banquet here on Feb. 27, are as follows : Outstanding Production — "All This, and Heaven Too," "Foreign Cor- respondent." "Grapes of Wrath," "The Great Dictator," "Kitty Foyle," "The Letter," "The Long Voyage Home," "Our Town," "The Philadelphia Story," "Rebecca." Best Performance by Actor — Charles Chaplin in "The Great Dic- tator" ; Henry Fonda in "Grapes of Wrath" ; Raymond Massey in "Abe Lincoln in Illinois" ; Laurence Olivier in "Rebecca" ; James Stewart in "The Philadelphia Story." Best Performance by Actress — Bette Davis in "The Letter" ; Joan Fontaine in "Rebecca"; Katharine Hepburn in "The Philadelphia Story" ; Ginger Rogers in "Kitty Foyle" ; Martha Scott in "Our Town." Basserman Nominated Best Performance by an Actor in Supporting Role — Albert Basserman in "Foreign Correspondent" ; Walter Brennan in "The Westerner" ; Wil- liam Gargan in "They Knew What They Wanted" ; Jack Oakie in "The Great Dictator" ; James Stephenson in "The Letter." Best Performance by an Actress in Supporting Role — Judith Anderson in "Rebecca" ; Jane Darwell in "Grapes of Wrath" ; Ruth Hussy in "The Philadelphia Story" ; Barbara O'Neil in "All This, and Heaven Too" ; Marjorie Rambeau in "Primrose Path." Best Direction — John Ford for "Grapes of Wrath" ; Sam Wood for "Kitty Foyle" ; William Wyler for "The Letter" ; George Cukor for "The Philadelphia Story"; Alfred Hitchcock for "Rebecca." Best Original Motion Picture Story — Benjamin Glazer and John S. Toldy for "Arise My Love" ; Walter Reisch for "Comrade X" ; Dore Schary and Hugo Butler for "Edison the Man" ; Bella Spewack, Samuel Spewack and Leo McCarey for "My Favorite Wife" ; Stuart X. Lake for "The Westerner." Name Nunnally Johnson Best Written Screenplay — Nunnally Johnson for "Grapes of Wrath" ; Dalton Trumbo for "Kitty Foyle" ; Dudley Nichols tor "The Long Voy- age Home" ; Donald Ogden Stewart for "The Philadelphia Story" ; Robert Sherwood and Joan Harrison for "Rebecca." Best Original Screenplay — Ben Hecht for "Angels Over Broadway" ; John Huston, Heinz Herald and Nor- man Burnside for "Dr. Ehrlich's Magic Bullet" ; Charles Bennett and Joan Harrison for "Foreign Cor- respondent" ; Charles Chaplin for "The Great Dictator" ; Preston Sturges for "The Great McGintv." U.S.-Ascap Decree Talks to Continue Washington', Feb. 9. — Settlement of the Government's litigation against Ascap remained a possibility today following two days of conferences here between officials of the society, 20 members of its board of 24 and Department of Justice officials. Board members on Friday discussed what they regard as commercially dis- astrous proposals in the Government's demands for a consent decree with Department officials, and on Saturday attorneys for the society explored the possibilities of compromises of those demands with the Government. Producers Studying New English Plan London, Feb. 9. — Despite confusion in trade circles, it has been ascer- tained that the British producers have held a meeting giving consideration to the Government plan for a Films Commission, which would virtually control the British industry. However, no report has been made as yet. The labor unions, also vitally concerned in the plan, have as yet arranged no joint conference with the producers or special meetings on the matter. It is understood that the groups be- lieve that everything depends upon the personnel of the commission whether it will benefit the industry. ■ Capital First Under Decree Baltimore House Names 20th-Fox Warners Washington, Feb. 9. — The first petition for arbitration of a complaint under the industry's Federal consent decree was filed at the local arbitra- tion board here on Friday. The complainant is the Wal- brook Amusement Co. of Balti- more, Thomas D. Goldberg, president. The company oper- ates the Walbrook Theatre in that city. In the complaint filed with H. B. Barton, manager of the local arbitra- tion office here, arbitration is asked to settle a clearance controversy with Vitagraph. Inc., and 20th Century- Fox. The other Baltimore theatres involved are the Ambassador, Forrest and Gwynn. The first complaint was filed just as the first week of operation of the industry's 31 local boards set up under the consent decree was coming to an etid. No complaints were filed any- where else in the industry during the first week the 31 boards were open. It is estimated that a hearing on the complaint can be had in about (.Continued on page 4) Paramount Doubles Earnings for Year With 1940 earnings estimated at $7,617,000 Paramount nearly doubled its net of $3,874,000 for the preceding year, it was disclosed by the com- pany's report issued over the week- end. The result is Paramount's best in 10 years. The Paramount board on Friday declared a 20-cent dividend on the 2,465,927 shares of common stock out- standing, together with a quarterly dividend of $1.50 per share on the first preferred stock and a dividend of 15 cents per share on the second pre- ferred. The dividends are payable April 1 to common stockholders of record on March 14 and to preferred holders of record on March 11. Paramount's earnings for the fourth quarter of 1940, after all charges in- cluding Federal taxes and interest, are estimated by the company at $2,807,- 000, compared with net of $1,030,000 for the corresponding quarter of the preceding year. Estimated earnings for the 1940 quarter do not includ $381,000, representing a partial d; (Continued on parte 4) / 2 Motion Picture Daily Personal Mention Keeping Busy St. John, N. B., Feb. 9.— A man of diversified interests is R. G. March, manager of the local 20th Century-Fox exchange. He heads the Film Center Building, is part owner of the Capitol, Sussex, N. B., is part owner of a lobster cannery of the Gulf of St. Lawrence, and as for a hobby, he is the official master of ceremonies and song leader for the St. John Rotary Club. Detroit Fox Polling Patrons On Duals Detroit, Feb. 9. — A poll of patrons to determine preferences for single or double features has been started at the Fox here. Patrons are being asked to cast bal- lots which will be counted when the week closes next Thursday. Under the test policy, Jackson S. Hurford, man- ager, has arranged a program of two features plus "Information, Please," featuring Wendell Willkie for three shows up to 7:15 P. M. For two eve- ning shows only one feature plus "In- formation, Please" will be screened. "Back Street" is the main feature for the evening show, with "Youth Will Be Served" as the added after- noon feature. Ufa Reports Year's Net 1,700,000 Marks Ufa, Germany's leading film com- pany, reported over the weekend, ac- cording to press dispatches, net profit for the fiscal year 1939-1940 to May 31, last, of 1,700,000 marks, against 470,000 marks the previous year. Gross turnover was given at 166,180,- 000 marks, compared to 142,410,000 previously. Dividends were still with- held. Theatres enjoyed greater attend- ance during the fiscal year in Ger- many, it was reported, chiefly because of war newsreels. Twenty-seven fea- tures were produced, against 30 the previous year ; one foreign language feature, against six ; 18 shorts, against 15; 32 German culture films, against 28; 87 industrial films, against 125. AFM Passes Over Ascap-BMI Battle Miami, Feb. 9. — Executive officers; of American Federation of Musicians ended their annual mid-Winter session' here Friday with no action taken on! the Ascap-BMI situation. Most of the business transacted concerned appeals from local unions, officials said. J. W. Parks was appointed to repre- j sent the A.F.M. in Washington on all matters affecting the WPA music project. The meeting was attended by nine delegates and two honorary dele- gates. To Advise on 'One Foof Rev. Norman Vincent Peale, pastor of the Marble Collegiate Church, New York, has been selected by a group of Protestant clergymen to act as adviser on the film Warners are producing from the book by Hartzell Spence, 'One Foot in Heaven." LOUIS PHILLIPS, Paramount home office attorney, is expected back from an extended Western trip this week. • Lou Pollock, Universal Eastern advertising and publicity director, will remain in Florida for a few weeks' vacation. • Maurey L. Ashmann, general manager of Five Boro Circuit, will leave for a two-week Southern vaca- tion today. Upon his return Ash- mann will be connected with the Brooklyn division of the Interboro Circuit, the parent company. • William A. Kbyes, operator of the Victory in Dayton, and president of the Ohio Real Estate Association, is addressing meetings of realtors throughout the state. • Beatrice Levenstein, clerk at the Warner New Haven exchange for four years, has married Harry Quint. Her place at the exchange has been taken by William Dwyer. • Loretta Byrne of the New Haven M-G-M exchange, has resigned to move to Denver, and is replaced by Eileen Tierney. • Monroe Greenthal arrived from the Coast yesterday. British Distributors Drop Report Forms London, Feb. 9. — Following joint meetings of representatives of the Cinematograph Exhibitors Association and Kinematograph Renters Society, on relief for exhibitors as a result of problems arising from war conditions, it has been decided by the K.R.S. to abandon the use of detailed report forms which it was intended exhibi- tors should submit when seeking re- lief. Such forms will only be used in extreme cases. It is understood the members of the London and Home Counties Branch of the C.E.A., which first raised objections to the K.R.S. plan, are now satisfied with the situa- tion. Individual problems are to be left to separate arrangements be- tween the individual distributor and exhibitor. 23 RK^mnches Over Drive Quota Twenty-three RKO exchanges went over their quota in the first week of the Ned Depinet Drive. Atlanta, H. M. Lyons, manager, was the leader, with the next four, in their order of finish, Boston, Philadelphia, Buffalo, Des Moines. The Northeastern dis- trict, headed by Gus Schaefer, led the eight districts, while the Eastern di- vision, of which Robert Mochrie is sales manager, led the divisions. Conway Acquires Theatre Philadelphia, Feb. 9. — Joseph Conway, operator of the suburban Egyptian and national Allied director, has taken over operation of the sub- urban Brookline from Joseph Hebrew. Two other houses in the area will be added shortly to the independent cir- cuit Conway is setting wp. TAMES MULVEY, Samuel Gold- »J wyn's Eastern representative, left for the Coast over the weekend. • Edward C. Raftery, United Artists counsel, is expected tomorrow from a business trip in the Southwest. • Mort Blumenstock, Eastern ad- vertising and publicity head for War- ners, and Mitchell Rawson, pub- licity manager, returned today from Washington. • Fred Martin, assistant manager at Loew's State in Norfolk, Va., has been ordered up for a year's military training. • Robert E. Russell, manager of the Loew-Poli in New Haven, will celebrate his 22nd anniversary with the Poli circuit on Valentine's Day. • Harry F. Shaw, Loew-Poli divi- sion manager in New Haven, will sail on the Cristobal March 6 for a vaca- tion in Panama. • Robert Yodice, assistant manager of Loew's State in Cleveland, is the father of a daughter, born last week at Lakeside Hospital. • Maurice White, head of Libson- White Theatres, Cincinnati, is due here this week on a business trip. 9,000 Men in Camp Fill Canada House Sussex, N. B., Feb. 9.— The quar- tering of about 9,000 soldiers in train- ing here, has produced capacity busi- ness for the local Capital. The num- ber of soldiers camped here was boosted from 1,500 to 9,000 in the early Winter, and there is a proba- bility that further increase will be made to about 14,000 before the end of the Winter. The daily opening of the theatre has been advanced from 7 P. M. to 5 P. M. because of the de- mand from the army men for screen entertainment. Club in Cincinnati Is Headed by Onie Cincinnati, Feb. 9. — William Onie, Monogram manager, elected first as- sistant chief barker of the local Va- riety Club in December, has advanced to chief barker, succeeding John M. Allen, M-G-M salesman, who went to Washington as branch manager. Committee chairmen appointed for 1941 are: Mike Greenberg ; publicity, Noah Schecter ; finance, William Koegel ; membership, James J. Grady ; welfare, Harry J. Wessel; entertain- ment, Arthur Frudenfeld ; law, Albert Weinstein. Para. Renews Series Hollywood, Feb. 9. — Scientific Films yesterday signed a deal with Paramount for another series of nov- elty shorts entitled "Speaking of Ani- mals." Set 'Highway' Cast Hollywood, Feb. 9. — Brenda Mar- shall,, William Lundigan and Olympe Bradna will head the cast in Warners' forthcoming "Highway West." Monday, February 10, 1941 -M, j Aid for Comedians Mexico City, Feb. 9.— Stage groups have petitioned Presi- dent Manuel Camacho, ask- ing that the old Cine Diaz de Leon here be used exclu- sively for stage shows, rather than films. The petition further requests that the house present comedies only, since there are so many comedians unemployed in Mexico. Decision Reserved In Phila. Games Suit Philadelphia, Feb. 9. — Judge Eu- gene C. Allessandroni reserved deci- sion in Common Pleas Court Friday on the legality of audience participa- tion games with cash prizes, but told exhibitor attorneys who appeared in the case that "I am not fundamentally in sympathy with this sort of thing;" Hitting at exhibitors for cluttering up the courts with the problems of determining the legality of film games, the judge remarked: "What I would like to know is what guarantee the audience has that the management is honest, that the management won't place a couple of 'plants' in the audi- ence to win the prizes." LaCrosse Hearings Will Resume Feb. 17 Madison, Wis., Feb. 9. — Hearings will be resumed in Federal District Court here Feb. 17 in the LaCrosse Theatres Corp. suit to recover $1,476,- 900 from each of three major com- panies, Paramount, 20th Century-Fox and United Artists, for alleged re- straint of trade. Robert Hesse, attorney who has been representing LaCrosse, which con- trols five theatres joining as plaintiffs in the action, obtained postponement of the hearings here last December due to illness. 'Jungle Book' to Start Hollywood, Feb. 9. — Alexander Korda will start production soon on his screen version of Kipling's "Jungle Book" with Sabu in the top role. Change Warner Title Hollywood, Feb. 9. — Title of the Warner film, "No Hard Feelings," has been changed to "A Shot in the Dark." MOTION PICTURE DAI LY {Registered V. S. Patent Office) Published daily except Saturday, Sunday and holidays by Quigley Publishing Company. Inc., 1270 Sixth Avenue, Rockefeller Center, New York City. Telephone Circle 7-3100. Cable address. "Quigpubco, New York." Mar- tin Quigley, Editor-in-Chief and Publisher; Colv'in Brown, Vice-President and General Manager; Watterson R. Rothacker, Vice- President; Sam Shain, Editor; Alfred L. Finestone, Managing Editor; James A. Cron. Advertising Manager; Chicago Bureau. 624 South Michigan Avenue, C. B. O'Neill. Manager; Hollywood Bureau, Postal Union Life Building, William R. Weaver, Editor: London Bureau, 4 Golden Square. London Wl, Hope Williams, Manager, cable address "Quigpubco, London." All contents copy- righted 1941 by Quigley Publishing Com- pany, Inc. Other Quigley publications: Motion Picture Herald, Better Theatres, International Motion Picture Almanac and Fame. Entered as second class matter, Sept. 23, 1938, at the post office at New York, N. Y., under the act of March 3, 1879. Subscription rates per year $6 in the Americas and $12 foreign. Single copies 10c. \0$ HI 4 *o0^ »4 el '**'* e9r0 A *** One of the Big Money-Making Pictures of the Year! 4 Motion Picture Daily Monday, February 10, 1941 'IT Production Budget Raised By $2,500,000 (.Continued from page 1) during the remainder of this season, and to sales plans for the most im- portant productions among the group. In addition to Blumberg and Scully, the meeting has heard from Cliff Work, studio head ; Joe Pasternak, J. Cheever Cowdin, Charles D. Prutzman and Adolph Schimel, F. J. A. McCarthy, W. J. Heineman and John Joseph. Blumberg told the meeting that "If there is a 'bottleneck' in the business today, it's in the. theatre which fails to do a showmanly job of selling the product." "Exhibitors," he said, "must come to realize that all we can do is make the finest pictures we know how, make them available when they are needed, and interject in them that cer- tain something that is called box-office appeal. After that it's the exhibitor's job to make the public come to his theatre to see them." Blumberg said every good salesman should make it his business to en- courage and plead for more showman- ship in the theatre he contacts. Scully revealed that the company this season has attained a 10 per cent increase in number of accounts sold over last season. He asserted that even larger gains are expected for the 1941-'42 season. Work said the product condition of the company on Sept. 1, starting off the new selling year, will be even bet- ter than last year when the company showed the largest number of com- pleted pictures in its history. Omaha Gives 'Story' Good $10,100 Gross Omaha, Feb. 9. — Grosses were very good at first run houses this week, aided by clear, warm weather. "Phila- delphia Story" was good for $10,100 at the Omaha on a single-feature policy. Estimated takings for the week end- ing Feb. 5-6 : "This Thing Called Love" (Col.) "Escape to Glory" (Col.) BRANDEIS — (1,200) (30c-40c-44c) 7 days. Gross: $5,400. (Average, $4,000) Philadelphia Story" (M-G-M) OMAHA — (2,000) (30c-44c) 7 days. Gross: $10,100. (Average, $6,000) "Hudson's Bay" (2ttth-Fox) "Night at Earl Carroll's" (Para.) ORPHEUM— (3,000) (30c-44c) 7 days. Gross: $8,200. (Average, $7,200) It Worked Lincoln, Feb. 9. 'THE Varsity Theatre here ran a newspaper ad urging the public to see "Gone With the Wind" at the competitive Stuart because "it is a trib- ute to the industry." The ad also stressed the Varsity's attraction. The ad was effective at least for the Stuart, with a block-long line one hour be- fore opening time. 'Aldrich' and Show $12,000, Cincinnati Cincinnati, Feb. 9. — A stage show at the RKO Shubert helped "Aldrich Family in Life With Henry," screen attraction, to $12,000, while "Mr. and Mrs. Smith" did $12,500 at the RKO Albee. "Mr. and Mrs. Smith" (RKO) RKO ALBEE — (3,300) (33c-40c-S0c) 7 days. Gross: $12,500. (Average, $12,000) "Victory" (Para.) RKO PALACE — (2,700) (33c-4Oc-50c) 6 days. Gross: $6,000. (Average, 7 days. $10,000) "Aldrich Family in Life With Henry" (Para.) RKO SHUBERT — (2,180,) (33c-44c-60c) 7 days. Stage: Ada Leonard and orchestra. Gross: .$12,000. (Average", $10,000) "Arizona" (Col.) RKO CAPITOL — (2,000) (33c-40c-50c) 7 days. 2nd week. Gross: $3,800. (Average, $5,500) "Honeymoon for Three" (W.B.) RKO GRAND — (1,450) (33c-40c-50c) 7 days. Gross: $5,400. "Thrj Thine Called Love" (Col.) RKO LYRIC— (1,400) (28c-33c-42c) 7 davs. 2nd week. Gross: $3,500. (Average, $4,500) "Bamvard Follies" (Rep.) "Doomed Caravan" (Para.) RKO FAMILY-(1,000) (15c-28c) 4 davs. Gross: $1,300. (Average, $1,200) "Friendly Neighbors" (Rep.) "GVIs Un-l?r 21" (Col.) RKO FAMILY — (1,000) (lSc-28c) 3 days Gross: $800. (Average, $800) "f.«rond Chorus" (Para.) KEITH'S - (1,500) (33c-40c-50c) 7 days. 2nd week. Gross: $3,100. (Average, $5,000) 'Wind* Baltimore's Leader at $20,000 Baltimore, Feb. 7. — A week of good business was reported by all first runs. "Gone With the Wind" did $20,000 in its second week at the Cen- tury. "This Thing Called Love," with a Major Bowes unit on the stage of the Hippodrome, took $17,000. Estimated takings for the week end- ing Feb. 6: "Gone With the Wind" (M-G-M) CENTURY-(3.000) (40c-55c) 7 days, 2nd week. Gross: $20,000. (Average, $10,000) "Buck Privates" (Univ.) KEITH'S — (2,406) (15c -28c -35c -55c) 7 davs. Gross: $9,000. (Average, $9,000) "Maisie Was a Lady" (M-G-M) NEW— (1,581) (15c--28c-35c-55c) 7 days. Gross: $7,500. (Average, $7,000) "Santa Fe Trail" (W. B.) STANLEY— (3,280) (15c-28c-39c-44c-55c) 7 davs. 2nd week. Gross: $13,000. (Average, $11,000) "This Thing- Called Love" (Col.) HIPPODROME— (2,205) (15c-28c-39c-44c- 55c-66c) 7 days, 2nd week. On stage, Major Bowes Unit. Gross: $17,000. (Average, $14,- Paramount Doubles Earnings for Year (.Continued from pane 1) tribution of its share of earnings of non-consolidated subsidiaries for pre- vious quarters. The estimated earnings for the year include $974,000 representing the com- pany's share of undistributed earnings of non-consolidated subsidiaries and $98,000 profit on purchase of deben- tures. Earnings for the fourth quar- ter are equivalent to $1.02 per share on the common, and for the year to $2.63 per share. Plan Naval Base Theatre Norfolk, Va., Feb. 9.— Tentative plans have been set for a $500,000 recreation center at the Naval Oper- ating Base here, which will include a 2,000-seat film theatre. The center will replace the 1,500-seat post the- atre destroyed in a recent fire. Complaint in Capital First Under Decree (Continued from page 1) three weeks' time if there are no in- terveners in the case. If there are, however, a hearing probably could not be held for a month. Operated House 20 Years Baltimore, Feb. 9. — Thomas Gold- berg, president of the Walbrook The- atre Co.. who filed the first complaint under the industry arbitration system at the local board for this district in Washington on Friday, has been op- erating the Walbrook here for 20 years. Goldberg said the complaint, against Warners and 20th Century-Fox, is based on his belief that the seven days' clearance granted the Ambassador, Forrest and Gwynn Theatres by the two distributors is unreasonable. Gold- berg's Walbrook always has had 21 days subsequent run clearance after first run houses, but the three the- atres involved in the complaint, which were built in later years, are said to have been given seven days' clearance over the Walbrook by the two dis- tributors. The three houses are oper- ated by the Frank H. Durkee Circuit. Goldberg said that M-G-M and Paramount, whose product also plays the theatres involved, have maintained the original clearance schedule and so are not named in his complaint. Goldberg retained J. Purdum Wright, who is also attorney for the Public Service Commission of Mary- land, to handle the complaint. Wright said after reading the decree : "If these contracts are valid, then the de- cree is no good." 'Girl,' Holtz Group $11,000, Milwaukee Milwaukee, Feb. 9.— Best grosser in an average week was "Where Did You Get That Girl?" on the screen and Lou Holtz, Lola Lane and Arline Tudge on the stage of the Riverside, with $11,000. Estimated takings for the week end- ing Feb. 6: "Go West" (M-G-M) "Angels Over Broadway" (Col.) PALACE— (2,400) (30c-40c-55c) 7 days. Gross: $5,700. (Average, $4,000) "Where Did You Get That Girl?" (Univ.) RIVERSIDE— (2,700) (33c-44c-55c) 7 days. Stage: Lou Holtz, Lola Lane, Arline Judge. Gross: $11,000. (Average, $6,500) "This Thing Called Love" (Col.) "Hudson's Bay" (ZOth-Fox) STRAND— (1,400) (30c-40c-55c) 7 days. Gross: $2,100. (Average, $1,500) "The Son of Monte Cristo" (U. A.) "No, No. Nanette" (RKO) WARNER— (2,400) (30c-40c-55c) 7 days. Gross: $6,400. (Average, $4,500) "Flight Command" (M-G-M) "Keeping Company" (M-G-M) WISCONSIN— (3,200) (30c-40c-55c) 7 davs. Gross: $7,800. (Average, $5,500) Smakwitz Wins Contest Charles Smakwitz of the Strand, Albany, N. Y., has been named the winner of the nationwide contest for the outstanding exploitation campaign in a theatre on the Hal Roach-United Artsits film, "One Million B. C." The prize, a Buick car, will be awarded shortly. Showmanship Flashes . . • Breakfast Show for Office Girls Aids 'Foyle' Greeley, Col., Feb. 9. — For his campaign on "Kitty Foyle," Ed Vaughn, manager of the Chief here, featured a "breakfast show for white- collar girls." Coffee and dou^^kts were served following the early ing screening. A total of 5,000 blot- ters on the show were distributed to downtown business offices. Papers Aid 'Liberty' by Publicizing Its Opening Harrisburg, Pa., Feb. 9— The Telegraph and the Evening News here, in helping to publicize "Land of Liberty" in a tieup with the Senate, where the film was being shown, pub- lished special British War Relief edi- tions, devoting the entire front page to the premiere of the film. All leading organizations in the city participated in the opening, and a proclamation was issued by the mayor. Net pro- ceeds of the first performance were turned over to British relief agencies. Robert Sidman, Senate manager, and James Ashcraft of M-G-M, arranged the newspaper tieup. Sidewalk Interviews Used for 'Voyage' Philadelphia, Feb. 9. — Joseph D. Nevison, manager of Warners' Brom- ley, conducted a sidewalk broadcast interview in front of the theatre for "The Long Voyage Home." Questions pertaining to the picture were asked passersby. The six listeners who were the greatest distance from Philadel- phia when they heard the broadcast were awarded copies of the Eugene O'Neill sea stories. Military Preview Is Held on 'Flight Command" Philadelphia, Feb. 9. — Everett Callow, Warner Theatres exploitation chief here, arranged a military pre- view for "Flight Command," prior to its opening at the Stanley. The pic- ture was shown before a special audi- ence of officers and commandants at the Philadelphia Navy Yard in the Officers' mess. Local critics also at- tended. Signs and Contest Are Used on 'Neighbor' Date Gettysburg, Pa., Feb. 9.-^-Syd Poppay, manager of the Majestic, in selling "Love Thy Neighbor," used 25 Jello signs in and outside the city plugging the play date, and a guessing contest, staged by a local grocery store, with the contestants guessing the number of Jello packages piled m the store window. In addition, an old car done up to look like Jack Benny's old Maxwell was placed in front of the theatre with appropriate copy to attract attention. Cooperative Ad, Contest Are Used on 'Come Live' Kenosha, Wis., Feb. 9. — Louis E. Nye, manager of the Gateway Theatre here, promoted a full-page cooperative newspaper advertisement and a con- test in connection with the promotion of "Come Live With Me." Fifty passes were awarded for the best an- swers to the question, "How Can a Young Married Couple Live Happily on $22.80 a Week?" Contestants were required to write 100 words or less. "TEN BEST" ALL ON EASTMAN FILM EVERY one of the Ten Best Pictures, se- lected in the Film Daily's critics poll for 1940, was made on Eastman Negative Films. This impressive record speaks for itself. In 1941, these exceptional films will continue to contribute to the success of outstanding screen productions. Eastman Kodak Company, Rochester, N. Y. J. E. BRULATOUR, INC., Distributors Fort Lee Chicago Hollywood PLLS-X SLPER-XX for general studio use when little light is available BACKGROUND-X for backgrounds and general exterior work EASTMAN NEGATIVE FILMS 6 Motion Picture Daily Monday, February 10, 1941 Feature Reviews "The Monster and the Girl" (Paramount) '"TITLED ''D. O. A.," short for "Dead On Arrival," during produc- *■ tion, and released as "The Monster and the Girl" for purposes of pairing- with "The Mad Doctor" on what the Los Angeles Paramount theatre billed as a "spook week" program, this picture contains seven murders, an execution, a galaxy of gangsters, some mystified police and a scientist who endows a gorilla with a man's brain, surgically, in the interests of humanity. The man whose brain is given to the gorilla has been executed for a murder he didn't commit and the gorilla, guided by the man's brain and memory, escapes and commits six murders by way of revenging himself upon those who contrived his conviction. Preliminary to the operation by which the gorilla is given the human brain, a court room sequence, with flashbacks, relates the tale of a girl, victim of a mock marriage, whose brother, seeking the man who has wronged her, is present at his killing by another and is charged with the crime. After the execution, the scientist performs the operation on corpse and gorilla and from there on the beast roams the city, mangling his victims in sequence. Ellen Drew, Robert Paige, Paul Lukas, Joseph Calleia, Onslow Ste- vens, George Zucco, Rod Cameron, Phillip Terry, Marc Lawrence, Gerald Mohr, Tom Dugan, Willard Robertson, Minor Watson, George F. Meader, Cliff Edwards and Skipper, a dog, are listed in the cast. Direction is by Stuart Heisler. Running time, 63 minutes. "G."* Roscoe Williams "The Face Behind the Mask" (Columbia) D ASED on a radio play, this melodramatic picture offers a moderate " amount of entertainment for those whose tastes run to the active and slightly w-eird in screen fiction. Peter Lorre is in the leading role as the immigrant whose hopes are dashed in this country when an accident in a fire mutilates his face, and who becomes a master thief in order to obtain the money to have a plastic operation. Failing that he wears a skin mask, finds a moment or two of happiness with a blind girl who loves him, then, when she is killed because of his past association with criminals, he pays his debt to them and to society at the same time on an Arizona desert. Supporting Lorre are Evelyn Keyes as the blind girl ; Don Beddoe as the detective who had befriended him, and to whom he repays his obligation by destroying the criminal gang; George E. Stone, as the man who proved his friend when he had none, and James Seay as the former gang leader who causes the death of the blind girl by a bomb trap set for Lorre. Robert Florey wisely permitted Lorre to dominate the footage, and he works valiantly with a script which borders on the improbable. Running time, 67 minutes. "G."* Charles S. Aaronson "The Pinto Kid" ( Columbia) TTERE gunplay, hard riding and a few moments of Western melody, * 1 all typical of the standard Western, are presented earnestly in a creditable story. Robust Charles Starrett plays the hero smoothly enough and Louise Currie in a lesser role, which gives her little oppor- tunity to display her ability, nevertheless contributes a good deal. The Sons of the Pioneers provide the melody. Others involved in this tale of Texas cattlemen trying to sell their stock to prejudiced Kansans include Bob Nolan, Paul Sutton, Hank Bell, Francis Walker, Ernie Adams and Jack Rockwell. The Northerners are led to believe that all Texans are outlaws but Starrett and his group convince them to the contrary. The title seems hardly appropriate since there is no reference to such a character as "The Pinto Kid." Running time, 61 minutes. "G."* Short Subject Reviews "Unusual Occupations, LO-3" ( Paramount) Really unusual and interesting mate- rial has been filmed here in color. The first subject, given thorough treatment, is a California girl who makes beautiful ornamental dolls. Following are a mechanical elephant in Oklahoma, Speedster Ab Jenkins in a record-breaking run, a New York man employed to make mattresses comfortable and a miniature village. Finally, and most amusing, is a Hoo- sier who creates a variety of bubbles. Running time, 10 min. "Gene Krupa and His Orchestra" (Paramount) The maestro, accepted as the hot- test drum stick wielder of the na- tion, "oes through the paces with such jitterbug delights as "Jungle Madness," "Hamtramck" and "Per- fidia." Irene Daye and Howard Du- laney handle the vocals engagingly while the other members of the troupe play loud and "swingy." Running time, 11 mins. "Bagdad Daddy" (Universal) This musical featurette is set in a harem with Fuzzy Knight, comic in many of Hollywood's sagebrush pro- ductions, the title character. Here, though, he is virtually inactive, mere- ly reposing comfortably while a group of entertainers, including Gertrude Niesen, strives to please him. Miss Niesen sings one number entertain- ingly. The others on the pro-am, Marion Wilkins, dancer : "Stop, Look and Listen," a singing trio; Mavis Mims, dancer, and Jack Gwynne, magician, are of the standard vaude- ville act types. Running time, 17 mins. "Mouse Trappers" ( Universal) Andy and Papa Panda, cartoon characters, create a few laughs with the help of a mouse. Papa is first seen boasting of his exploits with wild animals when the mouse enters. His encounter with the mouse is occasionally amusing. Running time, 7 mins. "Going Places, No. 86" ( Universal) Here is a tour "South of the Bor- der," with interesting off-screen com- ments about the history of each place visited. The short lacks color, how- ever, which «Tould have made it con- siderably more effective. Running time, 9 mins. "Two for the Zoo" (Paramount) Here again is Gabby, the loquacious hero of "Gulliver's Travels." He has difficulty with a rare kangaroo which is consigned to the local zoo but be- cause of interference escapes. Gabby was much funnier when he made his debut with Gulliver. Running time, 7 mins. "G" denotes general classification. Name Drive Winners Philadelphia, Feb. 9. — Winners of the business drive for the last quarter of 1940, conducted among managers of Atlantic Theatres, circuit headed by Ben Amsterdam, are : Gene Stutenroth, Fox, Burlington, N. J., first ; Milton Marien, Fox, Riverside, N. J., second, and Leo Toner, Fox, Mount Holly, N. J., third. Ohio Censors Order 47 Cuts in January Columbus, Feb. 9. — The Ohio cen- sors reviewed a total of 646 reels in January, from which 47 eliminations were ordered. This compares with 412 reels and 29 eliminations in De- cember, while in January, 1940, a total of 644 reels were reviewed, and 51 eliminations ordered. Short Subject Reviews "The Rodeo Goes to Town" (20th Century-Fox) Preparations for a rodeo form the subject matter here, with auti»£ic bronco-busting, roping, w ild BP r riding and such seen in rapifl^se-' quence. The big show at Madison Square Garden brings the short to an exciting climax. There are man) thrilling shots packed into this reel. Running tinr* 10 mins. "The Temperamental Lion" (20th Century-Fox) This color cartoon by Paul Terry tells of "Major Doolittle's" prize catch, a zany lion, which, upon ar- rival, is uncomfortably confined to a zoo. Ridiculed by the other inmates, he becomes desperate, escapes and settles accounts with the major. His antics lack originality. Running time, 7 mins. "Mississippi Swing" (20th Century-Fox) Paul Terry here has an entertaining color cartoon burlesquing the familiar Old South scene of negroes picking cotton and harmonizing Stephen Foster melodies. A show boat at- tracts the folks and then a satirical minstrel show delights them. The cartoon is melodious and amus- ing and is always in good taste. Run- ning time, 7 mins. "What a Little Sneeze Will Do" (20th Century-Fox) This cartoon shows Oscar, a pig, strolling briskly and in perfect health. He sneezes and immediately count- less friends recommend remedies. Taking these, he passes out and then finds himself in a land of medicine bottles. The short is somewhat point- less, with few laughs. Running time, 7 mins. "A Village in India" (Paramount) Here is a unique travelogue which concentrates only on a village in In- dia. It is a candid study of the Hindu inhabitants, depicting in color their strange customs and religious rituals. In the latter part of the reel, a quaint marriage ceremony is dramatically in- terrupted by a fire which destroys the entire village. The camera has been capably handled throughout. The short, one of the "Fascinating Jour- neys" series, should be enjoyed. Run- ning time. 11 mins. "Wild Oysters" (Paramount) An ingenious cartoon from the Max Fleischer studios, this has puppet-like characters performing in the typical cartoon story- It concerns itself with Mom and Pop Mouse, the latter seek- ing to procure food for the family and in so doing is attacked by a "•roup of r'-stprc who abandon their shells. Mom Mouse comes to the res- cue. An unusual short, made in color, it should please. Running time. 11 mins. ,' Monday, February 10, 1941 Motion Picture daily 7 f-H. Richardson* BlUEBOOKe, PROJECTION Key Grosses Show Gains; $1,624, 700 for 150 Houses 'HEATRE receipts in recent weeks showed a reasonably strong trend upward, probably accounted for by the release of a number of outstanding pictures, in the key cities of the country. A total of ISO theatres in a score of key cities reported an aggregate gross of $1,624,700 for the week ending Jan. 24-25, according to Motion Picture Daily's compilation from weekly box-office reports of key city theatres. D^~g the week ending Jan. 3-4, including the holiday period, a recent high of $1,723,700 from 139 houses. The combined grosses for the anuary show a marked increase over any since the start of the current season last September. The following tabulation indicates the total gross each week and the number of theatres reporting since Jan. 1, 1940: T; w^^eached ! weeks of Jar Week Ending Jan. 5-6, 1940. Jan. 12-13 ... Jan. 19-20 .... Jan. 26-27 .... Feb. 2-3 Feb. 9-10 ..... Feb. 16-17 .... Feb. 23-24 March 1-2 March 8-9 March 15-16 . March 22-23 . . March 29-30 : April 5-6 April 12-13 .. April 19-20 . April 26-27 .. May 3-4 May 10-11 ... May 17-18 ... May 24-25 ... June June 7-8 .. 14*15 June 28-29 July 5-6 . July 12-13 July -19-20 July 26-27 Aug. 2-3 . 9-10 . 16-17 23-24 30-31 6-7 Aug. Aug. Aug. Aug. Sept. Sept. 13-14 Sept. 20-21 Sept. 27-28 Oct. 4-5 Oct. 11-12 Oct. 18-19 . Oct. 25-26 Nov. Nov. Nov. Nov. Nov. Dec. Dec. Dec. Dec. Jan. Jan. Jan. Jan. 1-2 .... 8-9 15-16 22-23 29-30 6-7 13-14 20-21 27-28 3-4, 1941 10-11 1748 24-25 (Copyright, 1941, Quigley Publishing Company, Inc.) No. of Total 1 RCdtrtro Gross 159 145 1,333,150 140 1 1 A A 1,453,300 1 C1 l,50/,o00 1 r**7 1 1 "71 /CAA 2,171,600 1 C"7 O AOC 1AA Z,0Zd,30u 1 CI l,/o5,iOU 1 *7"7*7 9AA 1,7/7,300 l,olU,/00 1 rv\ 1,/V4,700 ipi 1 CAA Af\f\ 1,590,400 1 ^z: 1 CC\A 1 AA 1 ,01)4,1 UU 1 CH 1 *7AA /CAA 1 ,/90,o00 1 A£.1 CAA 1, 463, 500 1 a l,46/,/00 1 A f 1 "2CC 1AA 1,355,300 1 111 OAA 1,321,500 1 AO 148 1 1A1 CiC\f\ l,34/,v00 150 1 OAA AAA i ,2yy,ooo 1 1 OA AC\f\ l,lo4,400 1 (\AO 1AA l,04o,lU0 1 O^CA AAA 1 ,260,900 138 1 1 OA £(\f\ l,lov,600 1 AAA "3AA 1,090,300 1 11') 1Art 1,123,200 119 A*7 P 1 AA 975,100 1 "? A OAA l ,330,800 115 1 1 CA a a a 1,150,400 1 AOO /Aft 1 ,028,600 108 932,400 973,829 113 1 ftin zr c s 1,029,656 1 1 o 1 7nrv 1 ,ZZO,/UU 124 1,326,300 131 1,340,700 131 1,545,900 132 1,482,800 136 1,343,800 130 1,255,400 127 1,264,300 130 1,360,900 131 1,359,400 136 1,383,600 131 1,302,600 134 1,533,000 126 1,285,000 132 1,351,800 136 1,446,000 137 1,386,900 133 1,253,200 126 955,500 128 1,106,500 139 1,723,700 140 1,697,500 159 1,644,000 150 1,624,700 Plan Valentine Party New Haven, Feb. 9.— The Loew- Poli ushers will hold a Valentine Day dance at the Seven Gables Inn here Feb. 14, with Harry F. Shaw, division manager ; Lou Brown, publicity chief ; Robert Russell, Loew-Poli manager ; Nat Rubin, assistant ; Sam Badamo, College manager, and William Reis- inger, Bijou manager, as guests of honor. In charge of arrangements are Marshall Blevins, Jerry DeLise, Ar- thur DeFrank, and John Santillo. New Edison Equipment Color photography equipment has been installed at the Edison Motion Picture Studio here, according to Leon Levy, vice-president. Theatre Firm Formed Albany. Feb. 9. — Staten Amuse- ment Corp., Manhattan, has been in- corporated here by Benjamin R. Ra- phael, Jesse Chinich and Evelynne Kuhl. c">caso.|.ondo„ $7.25 POSTPAID MOST ADVANCED TEXTBOOK ON MODERN SOUND REPRO- DUCTION AND PROJECTION SECOND REVISION SIXTH EDITION — SUPPLEMENTED WITH SOUND TROUBLE CHARTS and ALPHABETICAL INDEX 1 You will find this newly revised edition of F. H. Richardson's Bluebook of Projection the most prac- tical treatise of its kind and a sure solution to all the perplexing problems of projection room routine. Over 700 pages of up-to-the-minute text, diagrams and charts, this book is not only the greatest author- ity on sound reproduction and projection, but it is also a quick, certain trouble-shooter — a practical guide to swift repairs in any projection room emergency. ORDER THIS BOOK TODAY QUICLEY BOOKSHOP ROCKEFELLER CENTER, NEW YORK 8 MOTION PICTURE DAILY Monday, February 10, 1941 Off the Antenna SPONSORSHIP of a radio program by dentists in the State of California, in which the dentists refer to themselves as "gentle dentists," violates no law in that State, it has been held on appeal in the case of Barron et al. vs. Board of Dental Examiners of California, 109 Cal. App. 382. In comment- ing upon the case, the New York Law Journal observes that truthful adver- tising by dentists is not prohibited in California and "apparently it was not made to appear that the respondents were not 'gentle dentists.' " • • • Purely Personal: Da-Ad S'anwff, RCA president, ivill preside at a dinner of the Economic Club at the Hotel Astor this evening during a discussion of "How Far Shall We Go to Aid England?" .... Linton Wells, CBS com- mentator, left over the weekend for a lecture tour in the South Harry Roesler has been named head of the Transradio Press office in Philadelphia. • • • Another local station, this time WHOM, will attempt an all-night show. "Windy" Hogan and Frank Kreuger will handle the program, which will consist of recordings of both Ascap and BMI tunes. It is scheduled to start at midnight, tonight and station executives said two sponsors were signed already, although the names were not given. • • • An eight-page brochure has been prepared by the National Association of Broadcasters calling attention to the role played by radio in election cam- paigns. Features of the booklet are letters from President Roosevelt and Wendell L. Willkie, both written after the campaign and testifying to the fairness of treatment received. An interesting tabulation compares the number of sets in use with the number of persons voting in national elections. • • • Program News: Thrivo Dog Food has renewed the Moylan Sisters Sun- days at 5 P.M. over NBC-Blue, and Philadelphia Scrapple has renewed Olivio Santoro at 5:15 P.M. Sundays over the same network. . . . "Gaso- line Alley," a dramatization of the comic strip will be heard Mondays at 6:45 P.M. over NBC-Red, sustaining, starting Feb. 17, with a special pre- view program at 6 :30 P.M. Thursday. . . . Beeman's Pepsin Gum will spon- sor Ben Grauer in "Drama Behind the News" over 69 NBC-Blue stations beginning next Monday. Grauer will be heard Mondays, Wednesdays and Fridays at 5 :30 P.M. . . . "America in Transition," which will feature art- 'sts. scientists and technologists as guest speakers, will be heard Thursday at 3:45 P.M. over CBS beginning this Thursday. 2 New FM Stations Approved by FCC Washington, Feb. 9. — The Fed- eral Communications Commission has granted construction permits to the WFIL Broadcasting Co., Philadel- phia, for an FM station on 45,300 kilocycles to cover 9,300 square miles with a population of nearly 4,000,000, and the South Bend Tribune, South Bend, Ind., for a station on 47,100 kilocycles to cover 4,300 square miles with a population of 448,000. Construction permits for standard broadcasting transmitters were issued to the Clinton Broadcasting Co. for a 1,340-kilocycle. 250-watt station at Clinton, Iowa ; Burlington Broadcast- ing Co. for a 1,490-kilocycle, 250-watt station at Burlington, Iowa ; and Courier-Post Publishing Co. for a 1,340-kilocycle, 250-watt station at Hannibal, Mo. Station WCLS, Joliet, 111., was au- thorized to change frequency from 1,310 to 1,340 kilocycles and increase power from 100 to 250 watts, effective March 29. An application of Station WJAX, Jacksonville, for increase of night power from 1,000 to 5,000 watts was ordered set for hearing. The commission has received ap- plications from Stations WHCU, Ithaca, N. Y., for a change of fre- quency from 850 to 640 kilocycles and extension of time from day to limited, and WSKB, McComb, Miss., for change of frequency from 1,200 to 590 kilocycles. Files Test Action on Dance Hall Records A test suit to prevent the alleged unauthorized playing of records in public dance halls was filed Friday in N. Y. Supreme Court by the National Association of Performing Artists, group said to represent over 600 stars of music, radio, screen and stage, against Robert L. Douglas, trading as the Renaissance Ballroom. An appli- cation to dismiss the complaint for failure to state a cause of action was also filed. The NAPA claims that the defen- dant leases its hall, records and pho- nograph to the public and that it has permitted the playing of a number of records performed by its members without the plaintiff's license. It seeks $50,000 damages, an injunction, and an accounting. 'Philadelphia' Pulls $13,000, New Haven New Haven, Feb. 9.— "The Phila- delphia Story," dualed with "Saint in Palm Springs," took $13,000 at the Loew-Poli. The Paramount with "Give Us Wings" and "Little Men" drew $5,000. Estimated takings for the week end- ing Feb. 6 : "Gene With the Wind" (M-GlM) COLLEGE— (1,499) (40c-55c) 7 days, 3rd week. Gross: $3,300. (Average, $2,700) "The Philadelphia Story" (M-G-M) "Saint in Palm Springs" (RKO) LOEW-POLI— (3,040) (39c-50c) 7 days. (Jross: $13,000. (Average, $8,000) "Give Us Wings" (Univ.) "Little Men" (RKO) PARAMOUNT — (2,348) (39c-50c) 7 days. Gross: $5,000. (Average, $4,000) "High Sierra" (W. B.) "Six Lessons from Madame Lazonga" (Univ.) ROGER SHERMAN— (2,200) (39c -Oc) 7 davs. Gross: $5,600. (Average, $5,000) 11 More Stations Sign With Ascap Eleven additional stations have signed five-year contracts with Ascap, John G. Paine, general manager, dis- closed over the weekend. The addi- tions make a total of 171 commercial stations signed thus far and with about 40 non-commercial stations which do not pay for their licenses, the number of stations authorized to play Ascap music is now 211. "Ascap on Parade," a program sponsored by the society on several stations as a live show and by tran- scription on most of them, is now heard over a total of 112 stations. The lastest commercial stations to sign with Ascap were WMSD, Muscle Shoals, Ala.; WTAL, Tallahassee, Fla. ; KTRI, Sioux City, la. ; KFNK, Shenandoah, la.; WJBW, New Or- leans, La.; WITH, Baltimore, Md. ; WFPG, Atlantic City, N. J. ; WGTC, Greenville, N. C. ; KFJI, Klamath Falls, Ore.; WMBS, Uniontown, Pa., and KVIC, Victoria, Tex. BMI on Friday announced the ac- quisition of a catalogue from the Peer International Corp. consisting chiefly of Hawaiian numbers. MPTOA Convention Details Set Shortly Final arrangements for M. P._ T. O. A.'s national convention will be completed by Ed Kuykendall, presi- dent, within the next few days. Indi- cations are the meeting will be held in Los Angeles in late April or early May, depending upon the arrange- ments still to be made, Kuykendall said prior to his departure for his Columbus, Miss., home over the week- end. Altec Deal Includes 45 St. Louis Houses Harry Arthur, of the St. Louis Amusement Co., Fanchon and Marco, Ansell Brothers, Sam Shucart, Bess Schulter, John Caporal, Clarence Tur- ley and Frank Speros have signed contracts with Altec Service Corp. for sound service and repairs and replacements for both sound and booth equipment in 45 St. Louis theatres. These contracts were negotiated by Stanley Hand, Altec staff repre- sentative. Hearings Held on Wis. Daylight Time Madison, Wis., Feb. 9. — Opponents and proponents of the Murray bill to legalize daylight saving time in Wis- consin aired their opinions before the State and Local Government Com- mittee of the Senate here. Appearing against the measure were exhibitor leaders representing circuits and independents alike, as well as labor and farm leaders. Among those who have gone on record against the bill, besides theatre men, are the Mil- waukee Gardeners' Association, the Milwaukee Cooperative Milk Produc- ers, the Wisconsin Council of Agri- culture, the Madison Milk Producers' Association, the Equity Cooperative Livestock Sales Association, and the Central Labor Union. Decca Records Sued Decca Records, Inc.. Jack Kapp, 1. Mayo Williams, State Street Music Publishing Co., Chicago Music Co., and Record Artists Music Co., sub- sidiaries of Decca, are defendants in a suit for an accounting, filed in the New York Supreme Court by Ollie Sheppard, band leader. Plaintiff charges the breach of an alleged con- tract made in 1937. Theatre Changes Enlarge Ottawa Theatre Ottawa, Feb. 9. — The seating ca- pacity of the Elgin Theatre here is be- ing increased by 100, Lloyd Mills. 20th Century Theatres, Ltd., manager, has stated. Reopen in New Britaii^ftk New Britain, Conn., Feb^^— Warners have reopened the Capitoi here for Sunday showings only. The house has been closed for many years, with a week's opening last year. New Britain is an industrial center which is benefiting largely by defense ac- tivity. Assistant in Philadelphia Philadelphia, Feb. 9. — Joseph Tit- tleman has been named assistant man- ager of Warners' Astor here. Plan Tw» in Trenton Trenton, N. J., Feb. 9. — American Community Theatres, Inc., of New York, has announced plans to con- struct two new theatres here. Each structure will cost about $150,000. Bids are due shortly. Lease House in Savannah Savannah, Ga., Feb. 9. — The old Arcadia Theatre here has been leased to the F. & W. Amusement Co. The site was under lease to the Lucas & Jenkins circuit until Jan. 1. The house will be completely remodeled. Buy Theatre in Ohio Athens, O., Feb. 9. — Wylie Min- ton and Ralph E. Smith of McArthur, O., have purchased the Vinton from Bruce Welch and J. E Cox. No change in policy or operation is con- templated by the new owners. Baltimore House Opened Baltimore, Feb. 9. — The new May- fair, equipped for television, has opened here. The house is owned by C. W. Hicks and is managed by Hal Warner, formerly with Loew's. Plans Cincinnati Suburban Cincinnati, Feb. 9. — Robert L. Fitzwater has purchased a site for a 690-seat suburban theatre here, the plans for which have already been drawn. Building Dayton Theatre Dayton, O., Feb. 9. — Paul Banker, one of the oldest exhibitors in point of service in this area, is building a 1,000-seat suburban house, which will constitute a part of the commercial sector of a new Federal housing project, under construction at nearby North Dayton. Completion of the the- atre is scheduled for June 15. Open Theatre in Reading Reading, Pa., Feb. 9. — Wilmer & Vincent, which recently leased the long idle Arcadia, have opened the house after remodeling as the New Ritz. The State here has been closed pending the completion of alterations and improvements, and its policy will be used by the New Ritz. Sloan Adds Three Trenton, N. J., Feb. 9.— Alvin F. Sloan, of nearby Washington, has added three theatres in Hunterton, Sussex and Warren Counties to his circuit, now numbering 12 houses, controlled by the St. Cloud Corp. Mierit eMt\ \\ anu \ to tne Kj qtion Kiciuro Industry MOTION PICTURE DAILY V£« , 49. NO. 29 Films Beat I Miami Slump, Bad Weather Season Started Early, May Extend to May By SAM SHAIN Miami, Feb. 10. — Theatre own- ers believe that the Miami season will stretch into May, this year. The season also got an earlier start. By December, official reports show that hotels were jammed and transportation lines were running capacity trains. Bad weather dur- ing the past 10 days, rain and cold, slowed up general business but not at the theatres, where good product is standing up very strong under this unusual slump for everybody else. Among films which are cur- rent are "Back Street," "Gone With the Wind," "Mr. and Mrs. Smith," "Hudson's Bay," "Vir- (Continued on page 6) NEW YORK, U.S.A., TUESDAY, FEBRUARY 11, 1941 TEN CENTS New Schenck Pact Up at Meet Today All 12 members of the board of directors of Loew's, Inc., are sched- uled to be reelected at the annual meeting of the company's stockhold- ers to be held at the home office today. The meeting also is scheduled to act on a new five-year contract for Nicholas M. Schenck, president, (Continued on page 6) Gabe Yorke Joins 20th-Fox on Coast Gabe Yorke has been appointed Western Division promotion manager for 20th Century-Fox, it was an- nounced yesterday by Charles E. Mc- Carthy, director of advertising and publicity. His headquarters will be in Los Angeles, where he will super- vise promotion work in cooperation (Continued on page 6) Six Reviews Today Six features are reviewed in this issue, as follows: "The Trial of Mary Dugan," "Road Show"— Page 5; "Ride Kelly Ride," "Quiet Wedding" (from London) — Page 6; "Meet the Chump," "Petti- coat Politics." — Page 9. Ascap Approves U. S. Decree in Principle The Ascap board of direc- tors during an all-day meet- ing yesterday considered con- sent decree proposals ad- vanced by the Department of Justice at the weekend meet- ing in Washington between the board and officials of the Department. While officials refused comment, it was learned following the meeting that the board approved Gov- ernment consent decree pro- posals in principle, with only minor points to be worked out. The board voted to dis- continue the "Ascap on Pa- rade" program which has been broadcast on four New York independent stations Saturday night. BVay Box-Office Fair; 'Union' Sets Pace at First Runs Overbuying to Be Aired in Chicago Chicago, Feb. 10. — Maintenance of admission prices at subsequent runs in relation to alleged overbuy- ing is scheduled to be aired before the Chicago arbitration board shortly. One of the first cases to be pre- sented to the board is being prepared by the Bartelstein Bros. Circuit, which operates theatres in Chicago and one in the suburb of Cicero. The complaint, according to spokes- men, will charge all major companies with having discriminated against Bartelstein Bros, in selling films to the Annetta in Cicero in favor of Schoenstadt, who operates the Palace, and the Lasker group, which has the Villas in Cicero. Ben Bartelstein said that because of the present method of selling in Cicero, he has been forced to lower the admission prices at his theatre. The complaint is expected to be filed shortly. Unfavorable weather over the week- end weakened grosses along Broadway to a certain extent, but they main- tained fairly good levels. "Western Union" opened strong at the Roxy with a stage show on Thurs- day, and drew an estimated $34,000 for the first four days of the first week. It will be held for a second week. "Virginia." at the Paramount, with Glenn Miller's orchestra on the stage, garnered an estimated $23,000 on Sat- urday and Sunday, and is expected to clear about $49,000 for the second week. The bill will be held for a third stanza, beginning tomorrow. The fifth and final week of "Kitty Foyle" will end tomorrow, with an estimated gross of $17,000. "Back Street" will open at the house to- morrow night. At the Music Hall, "Arizona" with a stage show, grossed an estimated $50,000 from Thursday through Sunday. It will be replaced by "This Thing Called Love" on Thursday. "Honeymoon for Three" at the Strand with Ray Noble heading the stage show gave the theatre about $18,000 from Friday through Sunday, and will be held a second week. "Night Train," continuing at the Globe, drew an estimated $3,000 for Saturday and Sunday in its seventh week, after a sixth week which ended Saturday with an estimated $8,000. It will be held over for an eighth week. "The Great Dictator" ended its 17th week at the Astor last night with an estimated $14,600. It continues on its two-a-day run at the house. A spe- cial Lincoln's Birthday performance will be held tomorrow at 6 P.M. "Fantasia," now in its 14th week at the Broadway, completed its 13th week last Saturdav with an estimated gross of $24,000. F.C.C. IS STUDYING FOREIGN BROADCASTS AIMED AT U. S. Washington, Feb. 10. — "Serious study" is being given European propaganda broadcasting directed at the United States, it was disclosed today by Chairman James L. Fly of the Federal Com- munications Commission. He said, however, that the commission cannot disclose what steps, if any, will be taken to meet any serious situation that may arise, although there are several ways in which the problem could be dealt with. Chairman Fly declared that the commission's surveillance of subversive use of radio does not indicate that the situation is acute although, he admitted, "pay dirt" has been struck in several instances and "some substantial amount" of equipment has been seized. 36 of 47 New Season Films Detailed by 'U' Year's Earliest Meeting Ends in Chicago Chicago, Feb. 10. — With 36 fea- tures of the 1941-'42 production sched- ule of 47 already designated, Universal today ended the earliest annual sales meeting held by a major company in many years. In addition to the 47 fea- tures for next season, William A. Scully, Universal vice-presi- dent and general sales man- ager, told district and branch managers at the Blackstone Hotel here that the company also would release 14 action pictures, four serials, 69 short subjects, a special two-reel fea- turette and 104 issues of Uni- versal Newsreel. The schedule represents an increase of two features and 14 short subjects over the product lineup announced by Universal for the current season. The three-day meeting was attended by a full representation of home office executives, headed by Nate J. Blum- berg and J. Cheever Cowdin, and of studio executives headed by Cliff Work, Matthew Fox and John Joseph. Indications are that regional sales meetings for Universal salesmen will (Continued on page 9) Bannon, Craddock Sales Aides at 4U' Chicago, Feb. 10. — ■ Changes and additions in the Universal managerial sales setup were announced here to- day by W. A. Scully, general sales manager. Jack Bannon, formerly with Na- tional Screen Service and more re- cently reported to be joining the Paramount home office distribution (Continued on page 9) Home Offices' Half Holiday Tomorrow Home offices of all major companies will have a half- holiday tomorrow, Lincoln's Birthday, for all employes, with the exception of 20th Century-Fox, which will re- main closed all day. Other home offices will close at 1 P. M. 2 Motion Picture daily Tuesday, February 11, 1941 Coast Flashes Personal Mention Hollywood, Feb. 10 FIRST of a projected series of 36 one-reel animated subjects on the war, with script and commentary by Raymond Gram Swing, has been com- pleted and will be released shortly by Columbia, according to Lawson Har- ris, president of Cartoon Films, Ltd. Six of the films, in the series titled "This Changing World," are sched- uled for release this season. All are in color. George J. Schaefer, president of RKO, is due tomorrow for confer- ences with studio executives. • Herbert J. Yates arrived today from New York. He expects to remain four weeks, during which he will set Republic's production schedule for the quarter. • The million dollar damage suit filed a year ago by former Mayor Frank Shaw of Los Angeles against Warn- ers has been settled out of court, his attorney, E. H. DeLorey, announced today. The action was based on al- leged depiction of incidents in the mayor's administration in "The Man Who Dared." • W. Ray Johnston, Monogram presi- dent, has left for New York to con- fer with Samuel Broidy, general sales manager, on the new season's sales policy. He is stopping over at ex- changes en route. T OHN W. HICKS, Paramount J vice-president and foreign man- ager, will arrive from Panama on the Ancon next Sunday. • Harry L. Gold, United Artists vice-president and Eastern sales man- ager, has returned to New York from the Southwest. Joseph M. Seider, head of Pru- dential Playhouses, will leave Wednes- day on the Oriente for a Havana vacation after several weeks' illness. • Jack. Flynn, Warner Theatres district manager in Philadelphia, is the father of a daughter, born last week at Fitzgerald-Mercy Hospital. • Francis L. Harley, managing di- rector of 20th Century-Fox in Eng- land, now vacationing at Palm Beach, plans to sail from New York for his post about March 1. • Ethel Leff, daughter of Abraham Leff of the 5 Boro Circuit, was mar- ried Sunday to Albert J. Beberfeld at the Hotel Riverside Plaza. • J. M. Franklin, president of Franklin and Herschorn Theaters, St. John, N. B., is on vacation at Miami Beach. • A-Mike Vogel has returned from Miami. T-JOWARD DIETZ, M-G-M ad- vertising and publicity director, returned yesterday from a six weeks' stay on the Coast. • Leo Devaney, Canadian division manager for RKO, has returned to his Toronto headquarters after a tour of the country. • Charles E. McCarthy, Maurice Bergman, Harry Brandt, Owen Davis and George Skouras lunching yesterday at Nick's Hunting Room in the Hotel Astor. • Barney Balaban, Herman Wob- ber, William Sussman, Harry Bux- baum, Russell Holman, Robert Milton, John Golden, Sidney Phil- lips, A. J. Richard, Vernon Duke, Frank Phelps and Clayton Bond at Sardi's for luncheon yesterday. • David Loew, Joseph Moskowitz, Joseph Pincus, J. J. Milstein, Arthur Gottlieb, Jack Goetz and George Burns among those lunching at Lindy's (51st St.) yesterday. • c. j. scollard, colvin brown, Henry Jaffe, Douglas Rothacker, William Fitelson, lunching yester- day at the Tavern. • Harry Rose, manager of the Globe, Bridgeport, is resting in Atlantic City with Mrs. Rose after an illness. • Aaron Fishman, manager of the Community, Fairfield, Conn., is re- cuperating after the grippe. • Jack O'Connell, assistant man- ager at the Roger Sherman, New Haven, has enlisted in the National Guard. • Joseph A. Scott, manager of the 20th Century-Fox branch in Omaha, has a new secretary, Dorothy Nelson. • Mary DePrato, cashier at the Im- perial, Ottawa, has become engaged to Ralph Hughes, assistant man- ager of the Regent there. Lazarus Named U.A. Kelly Drive Leader Paul Lazarus, United Artists con- tract manager, has been named leader of the United Artists sales drive in honor of Arthur W. Kelly, vice-presi- dent in charge of distribution. Lazarus replaces L. J. Schlaifer as drive leader. The latter resigned from United Ar- tists several weeks ago. The sales drive began Jan. 6 and will continue to April 19. At the conclusion of the first month of the drive, it was announced yester- day, the district managers leading are Charles Stern, Jack Goldhar and Bert Stearn. Shoot Your Next Film at Edison Motion Picture Studio NEW YORK'S FINEST Large and small sound stage — Latest equip- ment — Rehearsal rooms — Private projection theatre — Executive offices — Conveniently located MODERATE RATES Phone CHickerlna 4-8116-7-8 Expect Decision on Money Pact Feb. 28 The decision of Milton J. Handler, arbitrator, on the method of allocat- ing the British currency withdrawals among the eight major companies is expected on Feb. 28, it was stated fol- lowing the opening of the arbitration hearings on the subject yesterday. Loew's which advocates distribution of the withdrawals on the basis of in- dividual companies' net profit " Britain last year, was represented P'to' the hearing by Sam Cohen, company attorney. The other seven companies, which favor retention of the allocation method used last year, and which was based on each company's gross Brit- ish business, were represented by Joseph H. Hazen. Foreign department representatives of several of the companies were heard yesterday and others will pre- sent their views later. Committees Named in Greek Relief Drive Adolph Zukor, chairman of the board of Paramount, and chairman of the amusement division of the Greek War Relief Association, yester- day designated a campaign commit- tee headed by L. E. Thompson as chairman of the drive. A. P. Wax- man will be director. They will be assisted by Jack Connolly, Leonard Goldenson and George P. Skouras. Zukor also announced an exhibi- tor organization committee, as fol- lows : Harry Brandt, Col. H. A. Cole, Ed Kuykendall, Abram F. Myers, M. A. Rosenberg, W. A. Steffes and Na- than Yamins. The drive in theatres and other places of amusement will extend from March 25 to March 30, inclusive. Fellerman Heads Big U Branch Club Harry Fellerman has been elected president of the Big U Club, organiza- tion of employes at the Universal ex- change here. He succeeds Leo Simon. Other officers elected are : Fred Mayer, vice-president ; James David- son, treasurer ; Rose Youngfield, sec- retary, and Thomas GofF, sergeant-at- arms. MOTION PICTURE DAILY (Registered U. S. Patent Office) Published daily except Saturday, Sunday and holidays by Quigley Publishing Company, Inc., 1270 Sixth Avenue, Rockefeller Center. New York City. Telephone Circle 7-3100. Cable address, "Quigpubco, New York." Mar- tin Quigley, Editor-in-Chief and Publisher: Colvin Brown, Vice-President and General Manager; Watterson R. Rothacker, Vice- President; Sam Shain, Editor; Alfred L. Finestone, Managing Editor; James A. Cron, Advertising Manager; Chicago Bureau. 624 South Michigan Avenue, C. B. O'Neill. Manager; Hollywood Bureau, Postal Union Life Building, William R. Weaver, Editor: London Bureau, 4 Golden Square, London Wl, Hope Williams, Manager, cable address "Quigpubco, London." AH contents copy- righted 1941 by Quigley Publishing Com- pany, Inc. Other Quigley publications: Motion Picture Herald, Better Theatres. International Motion Picture Almanac and Fame. Entered as second class matter. Sept. 23, 1938, at the post office at New York, N. Y., under the act of March 3. 1879. Subscription rates per year $6 in the Americas and $12 foreign. Single copies 10c. California AMERICAN'S SOUTHERN SUNSHINE ROUTE -^f Five American Flagships daily take you along the Southern route across Virginia, Tennessee, and through the sunshine of Texas and Arizona to Los Angeles and the Pacific Coast. Save days of time, enjoy every minute of your trip. For reservations, call your Travel Agent or HAvemeyer 6-5000. Ticket Offices: 18 W. 49th St. at Rockefeller Center and Airlines Terminal, 42nd Street at Park Avenue. AMERICAN AIRLINES * ROUTE OF THE FLAGSHIPS iriNO TO M^CT AU Zzi»* «IVS n°»us,c row*" 5i rade of youth! 2?\ LTV Take it fr©rr< c cagey » «• i ■ -« JO AST f*0M ^ ~~ ciiSANNA FOSTER jON^$ —winging and singing theirway the length and ALLAN Qncj breadth of the country in one of the greatest personal appearance tours ever planned... covering 40 * key cities. Broadcasts... civic celebrations. ..concerts. ..interviews. ..reams and reams of publicity ... all to make all America beat a path to your box office! BUT THAT'S NOT ALL! SUSANNA FOSTER and ALLAN JONES climax their thrilling tour with personal appearances together on the . . . 9 P.M., E.S.T. over imbia Broadcasting System. This tremendous broadcast will be plugged by Kate Smith for an entire week on her daytime broadcasts. KAT€ 5M'T" "0"*' Frlday' Feb 21' 8 to * the 111 stations of the Colui That's how Paramount builds audiences . . . and pre- sells them for your box office I SUSANNA FOSTER'S TOUR - - - — — ALLAN JONES' TOUR Tuesday, February 11, 1941 Motion Picture Daily 5 Feature Reviews "The Trial of Mary Dugan" (M-G-M) \ HIT show and a successful film in the late 1920's, "The Trial of Mary Dugan" has been brought back to the screen by producer Ed- win Knopf with Laraine Day as Mary Dugan in the title role and some minor changes in the script. For one thing, it is not Mary Dugan's brother who rushes in to defend her when she is on trial for her life, but her lover instead, portrayed by Robert Young. Most of the interest is concentrated in the trial itself, a trial which has become known as a minor classic for expert handling among the plays of the last 15 years. The prelude to the trial, which sometimes drags a bit, tells of Mary's meeting with Jimmie Blake (Robert Young) who has forsaken a promising career in criminal law for a more lucrative income in business. When Jimmie asks Mary to marry him, she lacks the courage to tell him of her record in a reformatory. He leaves the country, half suspecting that Mary is in love with their common em- ployer, Edgar Wayne (Tom Conway). The next scene finds Mary on trial for the murder of Wayne. Jimmie rushes in, replaces the attorney who is conducting the defense, and proves Mary's innocence. The trial is highlighted by many tense mo- ments and the boisterous humor supplied by Marjorie Main in the role of an apartment house owner. The direction by Norman Z. McLeod helped point up many of the plot's inherently tense moments. Frieda Inescort, John Litel, Marsha Hunt, Henry O'Neill, Sara Haden and Francis Pierlot round out the cast. The nature of the testimony, which is directed to show that Mary had improper relations with Wayne, makes the story unsuitable for children. Running time, 90 minutes. "A."* Edward Grkif (Roach — United Artists) Hollywood, Feb. 10 IRECTING his own picture and reaching back into his slapstick days for the kind of humor that made the name of Hal Roach synonymous with the comedy, Producer Hal Roach offers herewith 85 minutes of the laughter which people have been saying the screen needs at this time. Backgrounds for the successive complications are, in the order given, a society wedding, an asylum, a carnival on lot and on tour, a country estate and, finally, a highway full of fire engines, the humor being as varied as the settings. The cast is topped by Adolphe Menjou, John Hubbard and Carole Landis and the support includes Charles Butterworth, Patsy Kelly, Willie Best, George E. Stone, Margaret Roach, Polly Ann Young and The Charioteers, a quartette which supplies excellent close-harmony singing without stopping the progress of the action. Hoagy Carmichael supplied the songs used by the Charioteers and otherwise. Episodes which elicited loudest laughter from a Hollywood preview audience are the hero's experiences in and escape from a lion-cage, the flight by boat from an asylum, the break-up of a society wedding and, finally, the dash of the entire company down a country road aboard fire engines to a fire staged by a slightly demented millionaire for his own amusement. Running time, 85 minutes. "G."* Roscoe Williams Streamlined Code Wilkes-Barre, Pa., Feb. 10. — Building Inspector Edward Eyerman here is engaged in bringing up to date the ad- mittedly antiquated 27-year- old local building code. The present law, he says, does not take into account construc- tion changes, air condition- ing, steel framing, glass blocks and other common- places of modern theatre con- •Wiruction. Universal Corp. Clears $2,232,805 Universal Corp., parent company of Universal Pictures Co., Inc., yesterday reported consolidated net profit for the fiscal year ended Nov. 2, 1940, of $2,232,805 after all charges, including taxes and dividend requirements on the picture company's outstanding first preferred stock. This report trans- lates the recent annual financial state- ment of Universal Pictures Co., the operating company. The result compares with consoli- dated net profit of $999,110 in the pre- ceding year, or an increase of 123 per cent. The report shows total assets of $7,779,284, of which $5,498,033 is investments in securities of Universal Pictures Co. and Big U Film Ex- change, Inc. William Freiday, plaintiff in an ac- tion against the company for alleged mismanagement, has resigned from the board of Universal Corp., as well as from the board of Universal Pictures Co., as reported earlier. /V. T. S. Holds Annual Sales Meeting Here The annual convention of the Na- tional Theatre Supply Co. opened here yesterday at the Belmont Plaza Hotel. It will continue through Friday, with branch managers from various parts of the country in attendance and the entire sales force from the New York office, as well as home office execu- tives. Walter E. Green, president of the National Theatre Supply, is presiding. Yesterday's session was devoted to a discussion of the product of Inter- national Projector Corp., with Her- bert Griffin, president, and A. E. Mey- er, of International Projector, ad- dressing the group. Various of the other equipment products distributed by National Theatre Supply will be considered during the meeting. , , ~~ Judge Bondy Grants New RKO Allowances Additional allowances of $7,250 were granted yesterday to attorneys and accountants in reorganizing pro- ceedings of RKO by Federal Judge William Bondy. George L. Schein, attorney for the independent commit- tee of common stockholders, who pre- viously received $8,000, obtained an additional $4,500; Gottheimer and Bercu, Schein's accountants, received $1,250, having previously been allowed $2,000; and David Stock and Donald Macks, attorneys for H. Cassel and Company, were awarded $1,500. *"A" denotes adult classification. Road Show *"G" denotes general classification. RKO Offices in West Honor District Head The six RKO western sales offices have set aside the week ending March 21 in honor of their district manager, Herb Maclntyre. This is the half way mark in the Ned Depinet Drive and the special week will be a phase of that campaign. Branches paying tribute to Macln- tyre are Denver, J. H. Ashby, man- ager ; Los Angeles, H. C. Cohen, manager; Portland, M. E. Cory, man- ager ; Salt Lake City, H. C. Fuller, manager ; San Francisco, N. P. Jacobs, manager ; Seattle, E. A. Lamb, manager. Goldman Asks Speed In Phila, Clearance Philadelphia, Feb. 10. — Local ma- jor company exchanges today received letters from William Goldman, presi- dent of the circuit bearing his name, offering his newly acquired Erlanger here for first run films to remove an alleged "bottleneck" in clearance to the neighborhoods because of the ex- tended runs current at downtown houses. He offered to waive the ex- isting 28-day clearance over the neighborhoods. Goldman suggested in his letter that if Warners would not reliquish rights to first run pictures, the circuit might waive the 28-day clearance to speed up clearance to subsequents. 38 Features Now in Work In Hollywood Hollywood, Feb. 10. — Thirty-eight pictures were before the cameras this week, as 10 finished and eight started. Twenty are being prepared, and 62 are being edited. The tally by studio ; Columbia In Work : "They Dare Not Love," "A Girl's Best Friend Is Wall Street." Started: "Her First Beau," "Under Age," "North from the Lone Star." Globe Finished: "Pot O' Gold." Gloria In Work : "New Wine." M-G-M In Work: "Billy the Kid," "A Woman's Face," "Blossoms in the Dust," "Love Crazy." Started : "Dr. Jekyll and Mr. Hyde." Monogram Finished : "Air Devils." In Work : "Sign of the Wolf." Paramount Finished: "Men of Action." In Work : "One Night in Lisbon," "Caught in the Draft," "Kiss the Boys Goodbye," "Power Dive," "Skylark." RKO In Work : "The Devil and Miss Jones," "Sunny," "Repent at Leisure," "Robbers of the Range." Republic Finished: "The Great Train Rob- bery," "Citadel of Crime," "Back in the Saddle." In Work : "Sis Hopkins." Started : "Mr. District Attorney." Roach Finished ; "Broadway Limited." 20th Century-Fox In Work : "The Outlaw," "Blood and Sand," "The Cowboy and the Blonde," "The Great American Broad- cast" Universal W ork : "The Flame of New Or- leans," "The Lady from Cheyenne," "The Man Who Lost Himself," "Model Wife," "Oh, Charlie." Started : "Unfinished Business," "Double Date." Warners Finished: "Thirty Days Hath Sep- tember," "Shining Victory," "Singa- pore Woman." In W ork : "Miss Wheelwright Dis- covers America," "The Bride Came C. O. D.," "Affectionately Yours." Started : "Sergeant York." 'Fly-by-Nighf Curb Pressed in Indiana Indianapolis, Feb. 10. — Associated Theatre Owners of Indiana hope to bring their bill to curb "fly-by-night" shows and require bonding and regis- tration of transient promoters to the floor of the House of the Indiana Gen- eral Assembly this week. It has been in the Judiciary Committee for several days. 6 Motion Picture Daily Tuesday, February 11, 1941 Films Beat Miami Slump, Bad Weather (.Continued from page 1) ginia," "Flight Command," "Kit- ty Foyle," Love Thy Neighbor," "Comrade X," "North West Mounted Police" and "Phila- delphia Story." "Gone With the Wind," "North West Mounted Police" and "Phila- delphia Story" now are in third weeks. In three weeks, "Wind" has grossed an estimated $25,000 at the Roxy and Colony theatres, officials state, and "Back Street" will open at two addi- tional theatres tomorrow, the Miami and Mayfair, besides current perform- ances at the Lincoln and Surf theatres. "Back Street" is reported approaching a record with $14,000 for the first week, i Universal Party Cost $30,000 The press party which Louis Pol- lock of the Universal home office ma- jor domoed last week for 100 news- papermen from around the country has undoubtedly helped arouse box-office interest here and around the country. That partv, according to latest figures, cost an estimated $30,000. Newspa- permen who attended filed perhaps 125,000 words on the "Back Street" premiere and Universal doings via the telegraph companies, according to the latter. Miami is the winter triangle of Hol- lywood and New York and in the sea- son,, exhibitors, showmen and perform- ers flock here. It is the night club center of the world, then, and the the- atre stages also claim many top per- sonalities to entertain the 200,000 or 300,000 tourists who come here at that time. Film Names Among Talent On the stage or in the clubs now are Sterling Hayden, George Jessel, Lois Andrews, Emery Deutsch, Maris- sa, Elaine Miller, Milton Berle, Mar- tha Raye, Harry Richman, Sophie Tucker, Joe E. Lewis, Abe Lyman, Paul Whiteman, Georges & Jain, Gene Austin, Lucille Ball, Dezi Arnaz, Tommy Tucker, Kitty Carlisle and Clyde McCoy. Soon coming to the Paramount theatres there will be Car- olyn Lee, John Boles and Hildegarde. They are being imported by George Hoover to show to the visiting North- erners, Southerners, and Westerners who take their winter vacations in this semi-tropical spot. Hotels such as the Miami-Biltmore, which is under the direction of Milton Chapman, and the Croyden Arms, another favorite, are having one of their best seasons. Chapman was host to the visiting newspapermen' brought here by Uni- versal. On the legitimate stage at present there are Francis Lederer, Mary Brian and Sinclair Lewis. They are appear- ing in Gant Gaither's productions. There have been 92 hotels built in Miami in the past two years. Forty were constructed during the past sum- mer, not to mention apartment houses and residences. Altogether Miami Beach boasts of 280 hotels and 893 apartment buildings, besides 3,351 resi- dences. Among exhibitors and other trade Hollywood Review 'Ride Kelly Ride" (20th Century-Fox) Hollywood, Feb. 10 T^HIS is a trig little comedy of the race track and the people who own, *■ train, ride and sometimes bet on the ponies, the good sports and the bad sports and the plain people who follow the turf, one way and another, as a business. It offers no galaxy of marquee magnets but more than most race track pictures of present and past in authenticity, plausibility and point. Eugene Pallette, who plays a trainer addicted to epigrams and honesty, is perhaps the name best known to the public. Marvin Stephens as the honest jockey, Rita Quigley as the girl in the case and Dorothy Peterson as her mother are next in line, as concerns public awareness of their talents, Mary Healy, Richard Lane, Chick Chandler, Lee Murray, Frankie Burke, Cy Kendall and others rounding out the cast, which is directed by Norman Foster for Executive Producer Sol Wurtzel. The story has to do with the fortunes of a boy befriended by a race horse trainer and trained for jockey service with a proper code of morals. When he declines to obey an owner's orders to pull a horse, he is purposely injured in the race and taken to a hospital, from which he escapes, learning that a plot is afoot to frame a race which will bankrupt his friends, to ride the right horse to victory and outwit the framers. It has a trite sound in synopsis but is not trite as played. Running time, 59 minutes. "G."* Roscoe Williams *"G" denotes general classification. London Review "Quiet Wedding" (Soskin — Paramount) London, Feb. 1 (By Mail) OBVIOUSLY — judging from Paul Soskin's fourth picture — it is not impossible to produce first-class entertainment films in a country whose people and cities are on the front line of totalitarian war. There is no sign of war in this latest Paramount subject, neither in the film itself nor in the way it has been turned out. Its infectious comedy quality and its production polish and acting excellence make it superlative entertainment for the wartime audience. Soskin has given the film a world market flavor. The original was a stage play by Esther McCracken — and a Westend success. The theme — the wedding which the bride would have quiet and the family would turn into a spectacle — may be neither new nor exciting, but as here treated becomes a most exhilirating pattern of whimsical situation and effervescent characterization. The whole canvas of domestic confusion and cross purposes is delightfully dazzling, but the sparkling interplay of personalities, the fussy mother and the helpless father, the designing aunt and the psychonalytic fiancee, the vicar and the stodgy village policeman present the English country scene, lock, stock and barrel. Anthony Asquith's polished direction is of course an incalculable asset but the cast — most of them stage folk — with the youngsters Derek Farr and charming Margaret Lockwood as the boy and girl in the lead — keep the film constantly alive and exhilirating. Technical qualities are superb with Bernie Knowles' camera work a notable asset. Paramount should do well with it on both sides of the Atlantic. Running time, 80 minutes. "A."* Aubrey Flanagan ^"A" denotes adult classification. personalities who are or shall have been here this season are Barney Bala- ban, Tom Connors, A. H. Blank, N. L. Nathanson, B. S. Moss, Max A. Cohen, Herman Robbins, George Dembow, Frank McCarthy, William Heineman, Charles Prutzman, Matthew Fox, Leonard Goldenson, Charles Kessnich, John D. Hertz, Arthur Lee, William and Lou Brandt, and Max H. Halpern. Dismissal Is Ordered Dismissal of the plagiarism suit of Harry Essex and Sid Schwartz against Republic Pictures, was or- dered yesterday by Federal Judge William Bondy on consent of the plaintiffs. Complaint charged plagiar- ism of the play, "Something for Noth- ing," in Republic's film, "Money to Burn." Swann Comedy Will Open Here Tonight "Out of the Frying Pan," a new comedy by Francis Swann, opens tonight at the Windsor. William Deering and Alexander Kirkland pro- duced. The cast includes Louise Snyder, Florence Mac- Michael, William T. Terry, Alfred Drake, Barbara Bel- geddes and Mabel Paige. New Schenck Pact Up at Meet Today (.Continued from page 1) whose present pact will expire at the end of the year. The new contract is at the same salary, $2,500 per week, as the present one. In addition, it provides for payment to Schenck of two and one-half per cent of the an- nual consolidated net profit of the company after specified deductions therefrom. The contract also con- tains provision for the extension of an option to purchase 48,492 shares of Loew's common stock at $40 per share up to March 1, 1947. The directors scheduled for reelec- tion are : George A. Armsby, David Bernstein, Leopold Friedman, John R Hazel, Al Lichtman, C. C. Moskow- itz, William A. Parker, J. Robert Rubin, Schenck, Joseph Vogel, David Warfield and Henry Rogers Win- throp. Hartmann Service To Be Held Tonight Funeral services for Louis Hart- mann, 64, lighting and sound techni- cian at Radio City Music Hall, will be held tonight at the Park Funeral Home, 40 West 58th St. He died Sunday at Roosevelt Hospital of a cerebral hemorrhage. Burial will take place tomorrow in Arlington, Va. Hartmann advanced stage lighting with a number of devices which he invented but never patented. He began in the theatre about 1890 at Hammer- stein's opera house in Harlem. He became associated with David Belasco in 1901 and remained with him until the producer's death in 1931. Surviv- ing Hartmann are his wife, Mrs. Gar- net Hartmann, and a brother, Edward Hartmann. Gabe Yorke Joins 20th-Fox on Coast (Continued from page 1) with theatres playing 20th Century- Fox films. He formerly was head of publicity for Fox West Coast and was advertising manager for Fox Film Corp., leaving that organization in 1935. He later became advertising and publicity director at the Para- mount studio and in 1937 was ap- pointed head of the Advertising Ad- visory Council in Hollywood. Schenck Trial Feb. 17 Federal Judge Alfred T. Coxe yes- terday postponed the trial of Joseph M. Schenck and Joseph M. Moskowitz to Feb. 17, pending arrangements to secure a trial judge. Matthew T. Correa, who will probably be acting U. S. attorney, will represent the Government. until he took her on a 3 -day week-end amidst the hirds, the hees and the flowers. a u OH!"..."AHr... UM-M-M-M-MI Tkat's tke way you feel w 1 1 e u you see Jimmy Stewart and Hedy Lamarr in tkis tk orou gkly deli^ktful come dv. "Will keep seats filled and S. R. O. si^ns out constantly," says M. P. Daily. "Top skow for every kind of audience," raves Hollywood Reporter. "Lakeled for a clean-up," skouts Daily Variety. It's anotker kit in tke endless line of M-G-M money skows. ^■C RROV/H S Production - . DONALD ^EEK x/PDREE TEASDALE * picture D'„ec.ed b, CLARtIS Tuesday, February H, 1941 Motion Picture Daily 9 Feature Reviews "Meet the Chump" (Universal) Hollywood, Feb. 10 l^ROM Universale "daffy department" has come one of the best efforts * along laugh lines witnessed in recent months. Hugh Herbert has the same kind of acting field day that he had in "La Conga Nights," wherein he played seven parts. Here Herbert plays but three : that of an investment counselor who has innocently spent funds not belonging to him, and a shadowy portrayal of his own good and bad selves, respectively trying to prevent him from doing anything wrong, and egging him on in questionable enterprises. Under the terms of a will, Herbert, as trustee, was to have turned over to his nephew an estate of $10,000,000 if the young man got married on his 25th birthday. Unfortunately, half that sum has been spent on charitable undertakings, and the counselor conceives the idea of saving himself from jail by pretending insanity. Complications ensue with all turning out for the best. Lewis Howard enacts the young nephew bound to find romance for the sake of his inheritance, Jeanne Kelly the girl with whom he ulti- mately finds it. Also contributing to the proceedings are Anne Nagel, Kathryn Adams, Shemp Howard and Richard Lane. Edward Cline directed the picture, with Ken Goldsmith as associate producer. Running time, 60 minutes. "G."* W. S. "Petticoat Politics" (Republic) THE Higgins Family series, designed for the family trade, continues in this film. Roscoe Karns and Ruth Donnelly again personify Joe and Lil Higgins; Spencer Charters, grandpa, and George Ernest and Lois Ranson, son and daughter. Polly Moran, Paul Hurst, Pierre Wat- kin, Alan Ladd, Harry Woods and Claire Carleton are in support. This episode concerns an election for mayor with Karns the reform party candidate against the crooked incumbent. The film falters occasion- ally with a number of incidents of slapstick character. One of these, for example, has Karns attempting to lay a roll of kitchen linoleum with neither tacks nor glue so that as he unrolls it, it coils behind him, while he becomes enraged. Running time, 67 minutes. "G."* 36 of 47 New Season Films Detailed by 'U' {Continued from page 1) be conducted during the next few weeks by Scully, F. J. A. McCarthy, Eastern sales manager, and William M-) Heineman, Western sales manager. *ihis would make it possible for the company to begin new season selling before the end of February, probably the earliest start made by a major company in more than 15 years. 36 Features Listed The 36 feature productions already designated are: Two with Deanna Durbin, to be produced by Joe Pasternak, one to be directed by Henry Koster, and the other by William A. Seiter. "Hellzapoppin", with Olsen and Johnson, to De produced by Mayfair Prod. Three Frank Lloyd productions, Jack Skirball, associate producer. An Irene Dunne production, to be produced by Bruce Manning, from a screenplay by Manning and Felix Jackson. Charles Laughton in "Almost an Angel," to be produced by Pasternak and directed by Koster. A Charles Boyer-Margaret Sulla- van starring vehicle, to be produced by Manning. A Margaret Sullavan - Franchot Tone starring vehicle, to be produced and directed by Seiter. A Carole Lombard production. A George Raft production, with Carol Bruce and Broderick Crawford, to be produced by Manning from a screenplay by Manning and Jackson. A Loretta Young production. Dietrich in 'Hilo Hattie' "Hilo Hattie," starring Marlene Dietrich, to be produced by Pasternak. One to be produced and directed by Sam Wood. "Badlands of Dakota," to be pro- duced on a high budget. A Franchot Tone- Virginia Bruce vehicle, to be produced and directed by Seiter. W. C. Fields in "Never Give a Sucker an Even Break," with Gloria Jean, Baby Sandy and Butch and Buddy, to be directed by Eddie Cline. "The Wolf Man," a new horror production. Two Bud Abbott and Lou Costello comedies, "Ride 'Em Cowboy" and "They're in the Navy Now." "The Yukon Trail," a large-scale production of the North. "The Ghost of Frankenstein," a sequel. "Bombay Clipper," a trans-oceanic aviation story. "Straight from the Heart," starring Gloria Jean, with Islin Auster as as- sociate producer. Two productions- combining the Dead End Kids and Little Tough Guys. "Mermaid in Distress," a "novelty" feature, with Vaughn Paul as associ- ate producer. "The Black Cat," a "horror" pic- ture, starring Basil Rathbone, with Broderick Crawford, Hugh Herbert and Anne Gwynne. , Two Baby Sandy starring produc- tions. *"G" denotes general classification. "Captive Wild Woman," a "novelty" feature. "Radio Follies," starring Rudy Val- lee. "Hello Sucker" and "Man or Mouse," starring Hugh Herbert. "Juke Box Jennie." The balance of the program will be selected from story and play proper- ties which the studio has on hand or will acquire later. Action Pictures Seven of the action pictures will star Dick Foran, Leo Carrillo and Andy Devine. Titles are : "Beyond the Pampas," "In Old Monterey," "Viva, Pancho," "Sunset on the Sier- ras," "Dons of San Marcos," "The Fighting Padre" and "The Ameri- canos." An additional seven West- erns will star Johnny Mack Brown, with Fuzzy Knight and Nell O'Day. Four Serials Listed The serials include "Riders of Death Valley," 15 chapters, starring Dick Foran, Leo Carrillo, Buck Jones, Charles Bickford, Jeanne Kelly and Lon Chaney, Jr. It will be designed especially for adult audiences, as will another 13-chapter serial, "The Gang Busters" based on the radio program. The latter may be re-made into a series of featurettes or a feature, it was said. Other serials will be : "The Sea Raider," in 12 chapters, and "Head Hunters of the Amazon," 12 chapters. Short subjects will include: 15 is- sues of the "Stranger Than Fiction" single reel subjects; 13 "Personality" two-reel subjects; 13 Technicolor car- toons featuring Andy Panda, by Walter Lantz ; a special two-reel sub- ject and 104 issues of the newsreel, as well as 15 "Going Places," one- reelers. 'Hudson's' Scores $10,000, Montreal Montreal, Feb. 10. — "Hudson's Bay" led Montreal grosses last week with $10,000 at Loew's. "Victory" and "Life With Henry" took $5,000 at the Capitol. Estimated takings for the week end- ing Feb. 6 : "Hudson's Bay" (20th-Fox) LOEW'S — (2,900) (30c-40c-60c) 7 days. Gross: $10,000. (Average, $7,000) "No, No, Nanette" (RKO) PALACE — (2,200) (25c-45c-65c) 7 days. Gross: $5,500. (Average, $7,000) "Victory" (Para.) "Life With Henry" (Para.) CAPITOL— (2,800) (25c-45c-55c) 7 days. Gross: $5,000. (Average, $4,000) "Little Men" (RKO) "Let's Make Music" (RKO) PRINCESS — (2,200) (25c-40c-50c) 7 day-. Gross: $2,000. (Average, $2,500) "One Night in the Tropics" (Univ.) "Meet the Wildcat" (Univ.) ORPHEUM— (1,000) '30o-43c) 7 davs. Gross: $3,000. (Average, $4,000) 'Love' Tallies $19,100, Leads Los Angeles Los Angeles, Feb. 10. — "This Thing Called Love" and "Remedy , for Riches" scored a total of $19,100 at two houses, $9,300 at the Hillstreet and $9,800 at the Pantages. "Cheers for Miss Bishop" tallied $4,200 in the third week at the 4 Star. Estimated takings for the week end- ing Feb. 5: "Come Live With Me" (M-G-M) "Land of Liberty" (M-G-M) CHINESE — (2,500) (33c-44c-55c-75c) 7 days. Gross: $11,000. (Average, 512,500) "Fantasia" (Disney) CATHAY CIRCLE— (1,518) (55c to $1.65). Gross: $17,500. (Average, $17,000) "Cheers for Miss Bishop" (U. A.) 4 STAR— (900) (44c-55c) 7 days, 3rd week. Gross: $4,200. (Average, $3,250) "This Thing Called Love" (Col.) "Remedy for Riches" (RKO) HILLSTREET— (2,700) (33c-44c-55c-75c) 7 days. Gross: $9,300. (Average, $6,500) "Come Live With Me" (M-G-M) "Land of Liberty" (M-G-M) LOEW'S STATE— (2,500) (33c-44c-55c-75c) 7 days. Gross: $12,500. (Average, $14,000) "This Thing Called Love" (Col.) "Remedy for Riches" (RKO) PANTAGES— (3,000) (33c-44c-55c-75c) 7 days. Gross: $9,800. (Average, $7,000) "You're the One" (Para.) "Victory" (Para.) PARAMOUNT— (3,595) (33c-44c-55c-75) 7 days, 2nd week for "Victory." Stage: Dinah Shore, Cliff Nazaro, Carl Hoff, 20 Fanchonettes. Gross: $13,500. (Average, $18,000) 'High Sierra" (W. B.) "She Couldn't Say No" (W. B.) WARNER BROS. (HOLLYWOOD) — (3.000) (33c -44c -55c -75c) 2nd week. Gross: S9.300. (Average. $14,000) "High Sierra" (W. B.) "She Couldn't Say No" (W. B.) WARNER BROS. (DOWNTOWN) — (3,400) (33c-44c-55c-75c) 7 days, 2nd week. Gross: $14,600. (Average, $12,000) Bannon, Craddock Sales Aides at (Continued from page 1) staff, was appointed assistant to F. J. A. McCarthy, Eastern sales manager. Gordon C. Craddock, former Uni- versal branch manager at Indianapolis, was named assistant to William J. Heineman, Western sales manager. Both are home office posts. H. H. Hull, acting branch manager at Indianapolis, was made manager, there, succeeding Craddock. W. M. Richardson, former New Orleans branch manager, was appointed man- ager at Atlanta, replacing John Ezell, resigned. James Frew, former Cleve- land salesman, was named to succeed Richardson as New Orleans manager. In addressing the meeting today, Scully emphasized that the entire sales force will be held responsible for ad- hering to the company's policy of fail- dealing with exhibitors. "Make no use of 'sales talk' that can't be put imo a contract," Scully told the men. Paul J. Nathanson, vice-president of Empire-Universal of Canada, told the meeting that Universal has be- come the second ranking company in Canada, enjoying a high standing with exhibitors for its product and busi- ness dealings. Leonard Gets New Pact Hollywood, Feb. 10. — Robert Z. Leonard has signed a new producer- director contract with M-G-M, the studio with which he has been asso- ciated for the last 17 years. 10 MOTION PICTURE DAILY Tuesday, February 11, 1941 'Story' Gets Fine $19,000 Loop Gross Chicago, Feb. 10. — "Philadelphia Story," in its second week at the United Artists, drew $19,000. "This Thing Called Love" also was strong with a stage show at the Chicago Theatre, grossing $38,000. Estimated takings for the week end- ing Feb. 7 : "The Son of Monte Crista" (U. A.) APOLLO — (1.400) (3Sc-55c-7Sc) 7 Gross: $6,000. (Average, $6,500) "This Thing Called Love" (Col.) CHICAGO— (4,000) (35c-55c-75c) 7 Stage: Gertrude Niesen & stage show. Gross: $38,000. (Average, $32,000) "Second Chorus" (Para.) GARRICK— (1,000) (35c-55c-75c) 7 Gross: $4,000. (Average, $5,000) "Lady With Red Hair" (W. B.) ORIENTAL— (3,200) (25c-40c) 7 Stage: Larry Adler and stage show. Gros $15,000. (Average, $13,000) "Kitty Foyle" (RKO) "Saint in Palm Springs" (RKO) PALACE— (2,500) (35c-55c-75c) 7 days. 5th week. Gross: $12,000. (Average, $11,000) "Flight Command" (M-G-M) ROOSEVELT— (1.500) (35c-55c-75e) 7 days. Gross: $12,000. (Average, $11,000) "Escape to Glory" (Col.) STATE-LAKE— (3,700) (25c-40c) 7 days. Stage: Sally Rand & Jackie Heller. Gross: $17,000. (Average, $15,000) "Philadelphia Story" (M-G-M) UNITED ARTISTS— (1,700) (35c-55c-75c) 7 days, 2nd week. Gross: $19,000. (Aver- age. $14,000) day: days. day: days Theatre Changes Plan New Ohio Theatre Cincinnati, Feb. 10.— The Eskay Amusement Co. has been formed here with a $10,000 capitalization, to build and operate a new theatre, to be known as the Shard, at nearby Lock- land. The company will be controlled by the interests of the late Elmer Shard, and Ralph Kinsler, who re- cently resigned as Warner branch manager to become associated with the Shard enterprises which operate other suburban houses here. Wax Purchases Theatre Philadelphia, Feb. 10. — Morris Wax, head of the circuit operating a group of colored neighborhood houses in this city, has purchased the Lincoln, with the Wax group assuming a mort- gage of $157,000. The house originally erected at a cost of $500,000, has been dark for some time. Manages Columbus House Columbus, O., Feb. 10. — Milton Yassenoff has been named manager of the Beechwold, suburban, recently taken over by Louis Wiethe, Cincin- nati, from the estate of the late Clar- ence A. MacDonald. Manager in Lancaster Lancaster, Pa., Feb. 10. — John Neuer, assistant manager of Warners' Hamilton, has succeeded Jack Day as manager of the Lemoyne in Lemoyne, Pa. Toronto Doric Is Shut for Matinees Toronto, Feb. 10. — As a result of the accident at the Doric Theatre here, in which 35 children were overcome by coal gas fumes because of faulty furnace construction, Sam Lester, owner of the theatre, has been ordered by the Ontario Government to close the theatre for all matinee perform- ances indefinitely for alleged negli- gence and as a warning to other ex- hibitors. The Doric will not be per- mitted to reopen for matinees until such time as he has trained a sufficient staff to insure the safety of juvenile patrons, according to O. J. Silver- thorne, director of the Theatres Branch of the Provincial Government. Silverthorne announced that the Theatres and Cinematographs Act would be amended at the next session of the legislature to provide for an adult guardian with every child under seven years of age admitted to a ma- tinee performance in any theatre and to require the constant attendance of a uniformed matron inside the theatre at all shows to which juveniles are admitted. There will be other re quirements governing the structural arrangements of both new and old theatres, as a safeguard against the recurrence of any accident due to heating or ventilating installations. Lewin Lecturing Albert Lewin, United Artists pro- ducer, is continuing his lecture tour of Eastern universities. He spoke yes terday on production problems and technique before combined classes of Brown University and Pembroke Col- lege at Providence. He will lecture to- day at Harvard. Manages Canadian House Ottawa, Feb. 10. — R. B. Berezin, former local assistant manager at the Elgin here, has been appointed man- ager of 20th Century Theatres' Re- gent at Sudbury. Schines Transfer Levitch Rochester, Feb. 10. — Louis Levitch, manager at Schine's Riviera here, has been transferred to Buffalo where he'll serve as manager of the Granada and assistant in the booking depart- ment. Takes Atlantic City Theatre Atlantic City, Feb. 10. — John C. Bell, Jr., has purchased half interest in the Globe as receiver of the closed Central Trust and Savings Co. of Philadelphia for $1,700. He held a second mortgage foreclosure decree of $78,112.40 against Alexander Seltzer, former owner of the one-half interest. Build House in Oregon San Francisco, Feb. 10. — George Mann and associates of this city have completed erection of a new theatre building, costing $150,000, at Klamath Falls, Ore. A second 1,200-seat house is being built in the same locality. Rebuild in California San Francisco, Feb. 10. — Sylvester and Salvatore Enea, owners of the Enean Theatre in suburban Pitts- burgh, are rebuilding the house fol- lowing its damage by fire. Named Assistant Manager Worcester, Feb. 10. — Robert Ber- gin, former student assistant at the Elm Street Theatre, has been moved up to assistant, replacing Max Nes- vetsky, who was recently promoted to assistant at the Poli here. Costar Takes Trenton House Trenton N. J., Feb. 10.— A. A. Costar of Albany, N. Y., has taken over the operation of the Victory. To Build Virginia House Norfolk, Va., Feb. 10— William S. Wilder, operator of a circuit bearing his name, plans a new house, costing approximately $200,000, in the neigh- borhood community of Portsmouth. It will seat 1,200. Goldman Shifts Managers Philadelphia, Feb. 10. — William Goldman Theatres, Inc., announced the appointment of two new managers for circuit houses here. Morris Phil- lips, former owner of the Upsal, was named manager of the Band Box, and Ben Zimmerman of the 56th St. The- atre. To Install New Marquee Rochester, Feb. 10. — The RKO Palace is planning to install a new marquee and a new sign. Name Minneapolis Club's Committees Minneapolis, Feb. 10. — Ben Blotcky, chief barker of the local Va- riety Club, has named committees for 1941. The chairmen are: William Elson, house ; Sam Halpern, law ; Joseph Podoloflf, charity ; Lester Rees, publicity ; Harry Dryer, shut-ins ; Ed- ward Ruben, M. F. McCormick, finance ; Charles Rubenstein, Lowell Kaplan, entertainment ; Gil Nathan- son, sports ; Maitland Frosch, mem- bership ; William Elson, convention. Siegrist Leaves Para. Indianapolis, Feb. 10. — Keith Sie- grist, formerly a booker for Para- mount, is now with Theatrical Man- agers, Inc., here. Arthur Manning of Bowling Green, Ky., takes his place with Paramount. Change Company Name Albany, Feb. 10. — Change of name has been filed here by RKO Proctor Mt. Vernon Corp. The papers indi- cate the new name will be Parkway Theatre Corp. Friendship Providence, Feb. 10 A PRESSBOOK on Para- Si mount's "Dr. Cyclops" contained a photograph of Edward L. Reed, manager of the Strand here. The picture was seen by Douglas H. Rog- ers, manager of His Majesty's Theatre, Grahamstown, South Africa, who wrote to Reed. An exchange of cordial let- ters gives evidence of a fine friendship via the mail. 'Cristo' and Show $27,000 in Detroit Detroit, Feb. 10. — "The Son of Monte Cristo" and the stage show, "Folies Bergere of 1941," grossed $27,000 at the Michigan. The Fox reported §16,500 with "This Thing Called Love" and "Night Train." Estimated takings for the week end- ing Feb. 6: "The Invisible Woman" (Univ.) "Romance of the Rio Grande" (20th-Fox) ADAMS-(1,600) (15c-39c-44c-55c) 7 days. Gross: $5,700. (Average, $5,500) "North West Mounted Police" (Para.) "Dr. Kildare's Crisis" (M-G-M) FISHER— (2,700) (15c-39c-44c-55c) 7 days. Gross: $6,800. (Average, $7,000) "This Thing Called Love" (Col.) "Night Train" (ZOth-Fox) FOX— (5.000) (20c-44c-55c-65c) 7 days. Gross: $16,500. (Average, $15,000) "The Son of Monte Cristo" (U. A.) MICHIGAN— (4,000) (15c -39c -44c -55c -65c) 7 days. Stage Show: "Folies Bergere of 1941." Gross: $27,000. (Average, $12,000) "Here Comes the Navy" (W. B.) "South of Suez" (W. B.) PALMS — (3,000) (25c-39c-44c-55c) 7 days. Gross: $9,000. (Average, $7,000) "The Philadelphia Story" (M-G-M) UNITED ARTISTS— (2,000) (25c-39c-44c- 55c) 7 days, 4th week. Gross: $11,000. (Average, $10,000) Legion Approves 4 Of Six New Pictures Of six new pictures reviewed and classified by the National Legion of Decency, four were approved, three for general patronage and one for adults; one was classed as objection- able in part, and one was condemned. The new films and their classification follow : Class A-l, Unobjectionable for Gen- eral Patronage — "In Old Colorado," "Life With Henry," "Western Union." Class A-2, Unobjectionable for Adults — "Strawberry Blonde." Class B, Ob- jectionable in Part — "The Face Be- hind the Mask." Class C, Condemned — "This Thing Called Love." Gets Condor Product Guaranteed Pictures Co., Inc., has acquired exclusive distribution rights to 11 Condor productions, formerly released through Grand National. They include three in natural color, six action dramas and two Ken May- nard westerns. Sunday Child Bill Is Urged for Pa, Philadelphia, Feb. 10. — The pas- sage of a state bill to prohibit children under 15 years of age from attending motion pictures on Sunday unless ac- companied by an adult was urged by Rev. Dr. William B. Forney, execu- tive secretary of the Lord's Day Al- liance, which has led the fight against Sunday films in the state. Dr. Forney announced that he would confer in New York next Saturday with Will H. Hays on the whole ques- tion of Sunday films. "The people of Philadelphia had something put over on them when the Sunday movie law was passed in 1935," he said. Will Hays, president of the M.P.P. D.A., is in Hollywood, and is not ex- pected back in New York for several weeks. Four Companies Formed Albany, Feb. 10. — Four new com- panies incorporated here include : Tar- low Amusement Corp., by Samuel Turchin, Harry I. Harrison and Joseph Mendelson, New York ; Glen Amusement Corp., by Albert A. Gold- man, Franklin Goldman and Barnett Snapp of Buffalo ; Elkins-Taylor Productions, by Marie L. Elkins, Lil- lian Rosendorn and Clarence Taylor, New York, and The Monoscope Co., by T. P. Porrino, Arthur D. Eldridge and Winthrop S. Lawrence, New York. The New "One Kilowatt" Arcs use "National/7 "Suprex" and "Orotip" Carbons 1881-1941 This is our sixtieth year of continuous service in the field of carbon arc light- ing. Remarkable progress has been made in carbons and carbon arc equip- ment. Many industries and the general public have profited by these accom- plishments. Greater achievements are assured by the most modern research and manufacturing facilities. The words "National," "Suprex'* and '"Orotip" are trade-marks of National Carbon Company, Inc. • The new "One Kilowatt" arcs have estab- lished a record in performance. That's why hundreds of new installations have been made in the smaller theatres in every section of the country. The remarkable improvement in pro- jection offered by these new high intensity arcs is just what smaller theatres have needed for years. Low initial and operating costs have been a great factor in their universal acceptance. If you are not now using modern high intensity projection in your theatre ask your dealer for a demonstration. Note the improvement in black and white projection and how natural and pleas- ing the color features appear on the screen. Your patrons too will notice this difference. NATIONAL CARBON COMPANY, INC. Unit of Union Carbide and Carbon Corporation LUsB CARBON SALES DIVISION, CLEVELAND, OHIO General Offices; 30 East 42nd Street, New York, N. Y. Branch Sales Offices: New York - Pittsburgh - Chicago - St. Louis - San Francisco 12 Motion Picture Daily Tuesday, February 11, 1941 Films' Defense Aid Air Meeting Topic "How Should the Movies Aid National Defense" will be discussed o n "America's Town Meeting of the Air," on NBC-Blue Thursday, Feb. 27, at 9:35 P.M., EST. The broadcast, which will take place the same night as the Academy Awards Dinner, will originate from Hollywood. Speakers will include Walter Wanger, Donald Ogden Stew- art. Rosalind Russell and Manchester Boddy, publisher of the Los Angeles News. The "Town Meeting" pro- gram will leave for a tour after its broadcast this Thursday with Birmingham, Ala., as the first stop. Clear Channel Unit Sets Publicity Plan Washington, Feb. 10. — Clear chan- nel interests will open a Washington office under the direction of Victor Sholis, publicity man for the Depart- ment of Commerce under former Secretary Harry Hopkins, it was an- nounced here today by Edwin W. Craig of Nashville. Craig explained that the work of the office will be directed toward im- pressing the American radio audience with the importance of retaining the clear channels assigned the United States under the North American Regional Radio Agreement. Para,, Col. Purchase Two B'way Stage Hits Two Broadway stage hit musical plays have been sold for screen pro- duction, "Pal Joey" and "Lady in the Dark." Paramount has acquired the screen rights to "Lady in the Dark," for a price in excess of $275,000, ac- cording to Barney Balaban, Paramount president. The price, Balaban said, is the highest ever paid by a film com- pany for a stage property. Columbia has purchased the screen rights to "Pal Joey," produced by George Abbott. It is understood Ab- bott also will produce the screen version for Columbia. Detroit Drafts Coin Machine Ordinance Detroit, Feb. 10. — Informed that nickel film machines will soon appear in Detroit, the Common Council has asked Nathaniel H. Goldstick, Assis- tant Corporation Counsel, to prepare a regulatory ordinance. Thomas McGuire, representing the Co-Operative Theatres of Michigan, told the council that he understood that several thousand machines would be installed here during the next two years. W. B. Gets 'Spy' Verdict A Federal jury after deliberating three minutes yesterday dismissed the $75,000 damage suit of Katherine Moog against Warners, after trial be- fore Judge Matthew T. Abruzzo last- ing several days. Plaintiff had claimed defamation of character in the film, "Confessions of a Nazi Spy." Off the Antenna • *D ROADCASTING As an Instrument of Democracy" will be discussed D by FCC Chairman James L. Fly at a luncheon meeting of the American Civil Liberties Union tomorrow. The speech will be carried by NBC-Red and Mutual. Raymond Gram Swing, Mutual commentator, and Pearl Buck, novelist, will also speak. • • • Purely Personal: Robert Gerdy, CBS assistant trade news editor, returned from Chicago yesterday after a short vacation trip . . . W endell Adams of the CBS production staff has been named supervisor of all popular sustaining music, reporting to William Fineschriber, musical director . . . Frank Barton, KGO-KPO , San Francisco, announcer, and Don Hall, engineer, became father of a daughter and son, respectively, last 'week . . . Oscar Levant will make a return appearance on the "Kraft Music Hall" over NBC-Red Thursday at 9 P.M. zvhile Bing Crosby tries a vacation. • • • Thomas A. Edison's development of the early motion picture machines will be discussed in a memorial program dedicated to the inventor over WNEW at 9:30 tonight. Among the guests will be A. O. Tait who was secretary to Edison for seven years, 1887-1894. WHOM will also devote a memorial program at 4:30 this afternoon with a recording of a speech by Edison in 1908 as the highlight. • • • Lincoln's Birthday will be the occasion for sending two messages of cheer to Europe by the NBC short wave stations. William V. C. Ruxton, president of the British-American Ambulance Corps will present an ambulance to the Belgian Red Cross during one program. The other will be a salute to Czecho- slovakia with a message by Edward Benes, former Czech president, Dorothy Thompson and Jan Masaryk, Czech foreign minister at London. Alois Havrilla, Czech-born announcer, will conduct the show. • • • Honorary membership in the Veteran Wireless Operators Association will be bestowed upon James L. Fly, FCC chairman; Niles Trammell, NBC president; George Bailey, president of the American Radio Relay League; Maj. Gen. J. O. Mauborgne, Army chief signal officer; and Rear Admiral Leigh R. Noyes, director of Naval communications, tonight at the 16th annual dinner cruise of the association at the Hotel Astor. Marconi memorial medals of service will also be awarded to the last two named. National defense will be the keynote of the meeting and Dr. Lee de Forest, honorary president, will address the meeting by tele- phone from Los Angeles. Canada Music Unit Called No Monopoly Toronto, Feb. 10. — As a prelude to the reopening of the session of the Copyright Appeal Board of Canada to investigate applications for approval of scheduled license fees for the use of copyrighted musical works during 1941, a statement from an official Gov- ernment source indicates that the Can- adian Performing Rights Society no longer could be regarded as a mop— oly in the control of composition\jto' the Dominion because of the creation of Broadcast Music (Canada), Inc., which is seeking permission to impose performing fees on a reduced scale. "It is a question of the degree of the use of each company's repertoire in Canada and it is a very difficult one to decide. We are between brickbats from both sides," declared the Gov- ernment spokesman. The board will resume the hearing Feb. 12, when it will deal with the terms of the appli- cation from BMI, the recognition of which is opposed by the Performing Rights Society. Warners Receive 1940 Tax Refunds Washington, Feb. 11. — Income tax refunds of $8,854 were received from the government during the 1940 fiscal year by Harry Warner, president of Warners. Jack Warner, vice-presi- dent in charge of production, received $3,295. Other income tax refunds were paid to Sonja Henie, who received $6,381 ; Raymond Massey, $524, and Sylvia Sidney, $801. School Holiday for Opening of 'Raines* Montpelier, Vt., Feb. 10. — Mayor William Corry has declared a school holiday here Thursday, in connection with the world premiere of RKO's "Scattergood Baines" at the Capitol here on Thursday evening. Star of the film, taken from the Clarence Buddington Kelland char- acter, Guy Kibbee will make a per- sonal appearance at the opening. Among those scheduled to attend are Governor W. T. Wills of Vermont, Lieutenant Governor Mortimer Proc- tor, Mayor Corry and members of the state legislature. 3,500 Expected at Photographer Rail Approximately 3,500 are expected to attend the 12th annual dance and entertainment of the Press Photog- raphers Association of New York, to be held at the Hotel Astor on Friday night. Lieutenant Governor Poletti of New York State, and Mayor LaGuar- dia of New York City are expected to be among the honored guests. With several masters of ceremonies scheduled to take charge of the enter- tainment, a lengthy list of stars of screen, stage and radio will make per- sonal appearances. Eli Dantzig and Augusto Sanabia and their orchestras will provide dance music. Frances Marion Signed Frances Marion has been signed by Sol Lesser to adapt "Strange Vic- tory," which Lesser will produce for U. A. release. CAGNETC TOP MONDE! JAMES CAGNEY„„d OLIVIA de HAVILLAND i. THE STRAWBERRY BLONDE Rita Hay worth o«d ALAN HALE • JACK CARSON GEORGE TOBIAS Scr««n Ptey by Juliui J. and Philip G. Epstein From a Play by Jomet Hogan Dir.c.d by RAOUL WALSH -so get that Trailer going! W A RNERS, Producers Alert. to the Picture Industry Jtion MOTION PICTURE DAILY and Impartial 49. NO. 30 NEW YORK, U.S.A., THURSDAY, FEBRUARY 13, 1941 TEN CENTS N.A.B.-Ascap Parley Seen Starting Soon U. S. Accord with Ascap Is Anticipated First Defense Films Go Out This Week to 7,300 Houses Opening of negotiations between Ascap and the networks for a new music licensing agreement is ex- pected simultaneously with, or im- mediately following, an accord be- tween Ascap and the Government on a consent decree, Ascap officials indicated yesterday. Some Ascap officials ex- pressed the belief that nego- tiations with the Department of Justice might be concluded "before the end of the week" with meetings with the broad- casters then proceeding imme- diately. Other Ascap spokesmen asserted that up to yesterday there had been no agreement on several of the major decree proposals and that even should an agreement be reached today or to- morrow, additional time still would be required for its submission to the board of directors for approval. These sources, therefore, discounted the pos- sibility of any meeting with networks' representatives this week. NA.B. spokesmen were inclined to agree with this faction in Ascap. They asserted that there was no possibility of a meeting this week, adding that they would not be inclined to open ne- gotiations with Ascap until they had an opportunity to study whatever decree proposals might be agreed up- on by the Government and the society. Haddock Dismissed By Variety Artists Hoyt Haddock, executive secretary of the American Guild of Variety Art- ists, was dismissed summarily with two weeks' pay by the AGVA na- tional board at a meeting Monday, it was learned over the holiday. The dismissal ended a long controversy during which Haddock was accused of fostering the desires of Communist members of AGVA. The vote on the dismissal was six to six with Dewey Barto, president and opponent of Haddock on the board, breaking the tie and voting for the dismissal. The vote came on an amendment to a motion requesting Haddock to resign. Before the vote on the original motion was taken, (Continued on paiie 4) British CEA Weighs Commission Scheme London, Feb. 12. — -Harry P. E. Mears, president of the Cinemato- graph Exhibitors Association, dis- cussed with the organization's general council, meeting at Nottingham today, the Government's plan for the estab- lishment of a Films Commission. Mears has expressed himself as op- posed to the appointment of such a commission, which would have virtual control of the industry. Little enthu- siasm has greeted the commission pro- posal here. The main objection is the absence of any evidence that the com- mission is either needed or likely to operate satisfactorily, and the sharp opposition to what is seen as the Board of Trade's attempt to cloak in secrecy future plans for industry leg- islation. Universal Starts 5 Regional Meetings Chicago, Feb. 12. — The first of five regional meetings to inform Univer- sal salesmen of new season produc- tion and sales plans opened here to- day with William J. Heineman, West- ern division manager, presiding. The second will be held Saturday in Cleveland, with F. J. A. Mc- Carthy, Eastern division manager, in charge. McCarthy will follow up the Cleveland meeting with one in Phila- ( Continued on parte 4) The industry committee for national defense cooperation will ship the first national defense film subjects to the 31 exchange cities throughout the country today and tomorrow for ex- hibition in almost 7,500 cooperating theatres, Francis S. Harmon, of the M.P.P.D.A., committee co-ordinator, reported yesterday. The shipments consist of 12 one- minute trailers made by the War De- partment to stimulate recruiting, each dealing with a branch of the armed forces, and, additionally, 300 prints of a Government-made short subject, "Power for Defense." The latter is a 10-minute subject produced by the Na- tional Defense Advisory Commission, depicting the use of T.V.A. power for defense industries. 300 Prints on Each Film The 12 trailers will be released three at a time at three-week inter- vals. The War Department has pro- vided 300 prints of each. To facilitate distribution of defense subjects, the distributors' division of the industry committee has divided the 31 exchange centers into six districts, with one major company exchange in each of the 31 centers handling dis- tribution of the subjects in its terri- tory. Exchanges handling the subjects by cities are : Warners, in Pittsburgh. New Haven, Philadelphia and Si Louis ; LOew's, in New York, Detroit, Salt Lake City and Memphis ; Univer- sal, in Cincinnati, Washington, In- dianapolis and Minneapolis ; Columbia, in Albany, Boston, Des Moines and Omaha ; Paramount, in Atlanta, New Orleans, Chicago and Portland : '20tb Century-Fox, in Milwaukee. Kansas (Continued on page 4) RCA May Demonstrate Color Television to Speed Medium In an effort to pile up convincing evidence to persuade the FCC to grant commercialization of television at the hearings scheduled for March 20, RCA has under consideration a dem- onstration of color television, it was learned yesterday. A decision on whether the demonstration is to take place before the hearing date is sched- uled to be made within the next week or 10 days. Several factors bear on the situa- tion. On the one hand, it was re- ported, the commission obviously was impressed by Dr. Peter Goldmark's re- (Continned on page 8) Exhibitors Sponsor Most Commentators Exhibitors form the largest group sponsoring radio film commentators, according to a survey made by the National Radio Film Commentators Circle, which polled 178 film com- mentators heard in 48 states, Alaska, Hawaii and Puerto Rico. Of the group, 68 per cent are heard as sus- taining features while 32 per cent are sponsored. David Lowe of (Continued on pane 8) 5-Year Pact Approved for N. M. Schenck Loew Stockholders Laud Company Management A new five-year contract for Nich- olas M. Schenck as head of Loew's, Inc., was approved by stockholders of the company at their annual meeting at the home office on Tuesday. Stockholders also elected the 12 members of the board of directors, who m et subs e- quently and re- elected all of- ficers. The new con- tract for Sch- enck was ap- proved without change and is to take effect on the expiration of his present pact at the end of the year. Submission of the new con- tract to the stockholders was the oc- casion for enthusiastic expressions from individual shareholders and di- rectors present on the caliber of (Continued on page 4) X. M. Schenck N. Y. Chain Tax Bill Includes Circuits Albany, Feb. 12. — Assemblyman Louis Bennett has introduced in the New York State Legislature an amendment to the tax law, providing licenses for operation and maintenance of chain stores, including theatre cir- cuits. The amendment provides that any one desiring to operate a chain of stores must apply to the Department of Taxation and Finance for a license. The definition of the term "store" in the bill includes theatres. A sliding scale Of fees is provided for more than two units, with an annual license fee of $1,000 each for groups in ex- cess of 25. Reviewed Today Reviews of "Strawberry Blonde f "Scattergood Baines" and "The Phanton Cowboy," as seen by Motion Picture Daily reviewers in New York, will be found on Page 5. 2 Motion Picture Daily Thursday, February 13, 1941 Medal to Love joy Rochester, Feb. 12.— The Civic Medal of the Rochester Museum this year will go to Frank W. Lovejoy, president of Eastman Kodak. He will receive the award Feb. 19 for "eminence in the field of in- dustrial science and commu- nity leadership." Minneapolis Fight Seen on Vaudeville Minneapolis, Feb. 12. — Minneapo- lis' "vaudeville war," which started when the 4,000-seat Minnesota re- opened Jan. 1, promises to become hotter with reports that one and pos- sibly two other theatres will adopt vaudeville policies. Harry Hirsch and Harry Katz are understood to be preparing the Alvin for reopening under a vaudeville-film policy. The Princess, catering to the city's section east of the Mississippi, also is understood to be contemplat- ing a part-week vaudeville bill in ad- dition to films. Meanwhile the battle between the Minnesota and the Mort H. Singer Orpheum, only a block apart, continued, with "name" stage shows booked heavily at each house and the Orpheum having a picture edge in its affiliation with the Minne- sota Amusement Co., a Paramount affiliate. Para. Will Continue British Films: Rose London, Feb. 12. — David Rose, Paramount managing director in Eng- land, on his return here from the United States, said Paramount intends to continue to produce pictures here designed for the world market. He talked tentatively of a modern version of "The Admirable Crichton," and said a script is ready on "Hat- ter's Castle," but said he is not sure whether it is appropriate for the mood of today's public. "Quiet Wedding," a new Para- mount British film, grossed £800 (about S3,000) last Saturday and Sunday at the Plaza here. Foreign Copyright No Protection Here N. Y. Supreme Court Justice Peter Schmuck on Tuesday ruled that the failure of an author "to secure copy- right protection in the U. S. is con- clusive evidence of his abandonment of his common law rights, and makes his story public property in this coun- try," even though he may have se- cured a copyright in a foreign coun- try. The ruling was part of a decision in which the court dismissed the pla- giarism suit of Stephen Tamas against 20th Century-Fox after trial. The plaintiff had claimed infringement of his play, "Stowaway," in the film of the same name. 'Road Show' at Rialto "Road Show," Hal Roach film re- leased by United Artists, will open at the Rialto on Broadway next Thurs- day. Personal Mention NICHOLAS M. SCHENCK has arrived on the Coast for confer- ences at the M-G-M studio. Ned E. Depinet, RKO vice-presi- dent in charge of distribution, will leave for the Coast tonight or tomor- Harry Goldberg. Warner theatres advertising and publicity head, will re- turn today from Chicago and Milwau- kee. • Charles Einfeld, Warners' direc- tor of advertising and publicity, has left Hollywood for a month's vaca- tion in Hawaii. • Stanley Shuford, Lord & Thomas account executive, has arrived at the RKO studio from New York. • Herbert J. Bowers of the mainte- nance department of Comerford The- atres in Scranton, has become engaged to Elizabeth A. Finnerty. They will be married Feb. 22 in Scranton. • Harry I. Wasserman, district manager in Boston for M. & P. The- atres, addressed the state extension course of Massachusetts Institute of Technology on theatre management. BARNEY BALABAN, Paramount president, will leave for Florida tomorrow for a vacation of several weeks. Stanton Griffis, chairman of the executive committee, is ex- pected back from Florida on Monday. • Charles Kurtzman, New England division manager of Loew's, was in Providence this week. • Arthur Schwartz of the Schwartz & Frohlich law firm has been appoint- ed a special master by Federal Judge William Bondy to conduct hearings in an aviation patent infringement case. • Henry Needles, Warner district manager in Hartford, Conn., has re- turned from a vacation in the South. • Ben Simon, 20th Century-Fox man- ager in New Haven, has returned from a visit to Philadelphia. • Robert Johnson, son of Adolph Johnson, operator of the Strand, Hamden. Conn., has enlisted in the Air Corps. • Jeanette Carroll, cashier at the Paramount, New Haven, is ill with the grippe. Realignment Made By Loew's in N.E. Jack A. Simons, manager of Loew's Poli, Hartford, has been appointed manager of Loew's State, Providence, it was learned yesterday. He suc- ceeds Edward H. McBride, who has been transferred as manager of Loew's State. Boston, after several years in Providence. Fred Greenway, mana- ger of the State, Boston, has been transferred to the Poli Palace, Hart- ford, while Lou Cohen has been ap- pointed to succeed Simons as manager of the Poli. Hartford. Allied Unit Finishes Business Aid Plan Mixneapolis, Feb. 12. — Northwest Allied's campaign to stimulate theatre business will be ready for exhibitors — both independent and those affiliated with majors — some time next week, Fred Strom, executive secretary, said today. The plan was worked out in the Welworth Theatre Co. offices, and while details have been kept quiet, it is understood to be a promotion cam- paign designed especially to combat competing forms of entertainment. Late News Flashes from the Coast Hollywood, Feb. 12 SCREEN WRITERS' GUILD negotiating committee, headed by Sher- idan Gibney, president, is expected to begin conferences next week with representatives of the m aj or studios on a new contract. The Guild's executive board at a meeting early this week prepared to reiterate demands submitted to the Producers' Association last October when a six months' stop-gap contract terminating next April 10 was adopted by mutual consent. Harold Wilson yesterday was appointed assistant to B. G. DeSylva, Paramount executive producer. Wilson has been with Paramount for a month as associate of Producer Sol C. Siegel. DeSylva also announced the signing of Monta Bell as an associate producer. Bell, recently with M-G-M, was in charge of the Paramount studios in the East in the silent film era. • • Trial of Joseph N. Ermolieff's suit against George J. Schaefer, presi- dent of RKO, started in Federal Court yesterday. Ermolieff, former European producer, seeks $1,042,000 damages. He alleges that Schaefer on Oct. 31, 1939, cancelled a contract made with him in July of that year whereby Ermolieff was to produce and direct "Outpost in Morocco," based on his play, "I Solemnlv Swear." Ermolieff asserted he had pro- duced 260 films in Europe and had made contacts with the French army which would be useful in the proposed film, which Schaefer felt would not now be effective due to changed conditions in France. The case is being heard by Judge J. F. T. O'Connor without a jury. Newsreel Parade TIT EN DELL W1LLKIE, retum- rr ing from his eventful towr of England, is given attention hi the neu. issues along with midwinter gradua- tions at Annapolis, Britain's Ark Royal in the Mediterranean, the Greek War Relief show in Hollywood and an assortment of general news. contents : MOVIETONE NEWS, No. 4S-Wffllli arrives. Graduations at Annapolis. Ark Royal in the Mediterranean. Churchill and Harry Hopkins in Scotland. British Royal Family with air heroes. Greek re- lief show in Hollywood. Army tests new midget cars. Baseball stars in golf tourna- ment. Statue of Seabiscuit unveiled. Re- gatta in Miami. NEWS OF THE DAY, No. 243— British advance in East Africa. Ark Royal in the Mediterranean. New English troops in training. Greek war show in Holly- wood. Willkie arrives. Annapolis gradua- tions. Midget cars for the Army. Sea- biscuit statue unveiled. Yachting at Miami. Baseball stars play golf. PARAMOUNT NEWS, No. 48-Statue of Seabiscuit unveiled. Greek benefit show in Hollywood. Japanese envoy arrives in San Francisco. Bomber crashes in Ne- vada. New postal truck in Washington. Sound and motion mural in Rockefeller Center. Willkie returns. British drive in Africa. RKO PATHE NEWS, No. 4S— Willkie returns. British troops in Africa. Kimmel named chief of U. S. Fleet. Winant ap- pointed Ambassador to England. Japanese ambassador arrives in San Francisco. Midget cars in army maneuvers. Greek war show in Hollywood. Cleveland boy returns from Siberian prison. Postal bus in Washington. Seabiscuit statue unveiled. Lipton Cup race in Miami. UNIVERSAL NEWSREEL, No. 953- Willkie arrives. Winant named Ambassa- dor to England. Japanese envoy arrives in San Francisco. Graduations at Annapo- lis. Midget cars for the army. New mail bus in Washington. Greek war show in Hollywood. Golf tournament for baseball players. Seabiscuit statue. Lipton Cup race. Ski meet in New York. Cooper to England Merian C. Cooper has left for Eng- land to film background material for "The Eagle Squadron," which Walter Wanger is producing for United Art- ists' release. The film concerns Americans with the Roval Air Force. Increase Sunday Price Waterbury, Conn., Feb. 12. — War- ners have increased admission Sun- days at the State from 33-44 cents to 35-50 cents, including tax. MOTION PICTURE DAILY {Registered U. S. Patent Office) Published daily except Saturday, Sunday and holidays by Quigley Publishing Company. Inc., 1270 Sixth Avenue, Rockefeller Center. New York City. Telephone Circle 7-3100. Cable address, "Quigpubco, New York." Mar- tin Quigley, Editor-in-Chief and Publisher: Colvin Brown, Vice-President and General Manager; Watterson R. Rothacker, Vice- President; Sam Shain, Editor; Alfred L. Finestone, Managing Editor; James A. Cron, Advertising Manager; Chicago Bureau. 624 South Michigan Avenue, C. B. O'Neill. Manager; Hollywood Bureau. Postal Union Life Building, William R. Weaver, Editor: London Bureau, 4 Golden Square, London Wl, Hope Williams, Manager, cable address "Quigpubco, London." All contents copy- righted 1941 by Quigley Publishing Com- pany, Inc. Other Quigley publications: Motion Picture Herald, Better Theatres International Motion Picture Almanac and Fame. Entered as second class matter. Sept. 23, 1938, at the post office at New York, N. Y., under the act of March 3. 1879. _ Subscription rates per year $6 in the Americas and $12 foreign. Single copies 10c. MEMPHIS. WARNER HARTFORD. STRAND • READING. ASTOR • SPRINGFIELD, MASS.. CAPITOL LOS ANGELES. HOLLYWOOD & DOWNTOWN tOVIDENCE. MAJESTIC • PHILADELPHIA. FOX OVSVILLE, MARY ANDERSON • LANCASTER. GRAND • SANTA BARBARA. 4AVV GANAAN. COLONIAL • WORCESTER. WARNER • HARTFORD, REGAL VEN^ROGER SHERMAN • SAN BERNARDINO. FOX • NEW BEDFORD, STATE • NEW LONDON. GARDE • WATERBURY. STATE • BRIDGEPORT. WARNER • NEW BRITAIN. EMBASSY LINCOLN, VARSITY • ALBANY. STRAND • CINCINNATI, PALACE • ST. PETERSBURG. PLAYHOUSE UTICA, STANLEY • ORLANDO. VOGUE • NASSAU, SAVOY • COLUMBUS. PRINCESS • HOUSTON. METROPOLITAN • AUSTIN. STATE • NEW YORK CITY. STRAND • BATH, OPERA HOUSE • BUTTE. MONTANA • WILMINGTON, WARNER • MILWAUKEE, WARNER • ATLANTIC CITY. STANLEY* CANTON. OHIO • WASHINGTON. EARLE • MAHONEY. ELKS • E. STROUDSBURG, GRAND • FREDERICK, RAMONA ALBUQUERQUE, KIMO • WASHINGTON, AMBASSADOR • DAYTON, VICTORY • LITTLE ROCK, CAPITOL ELLENVILLE, NORBURY • BALTIMORE, STANLEY • NORWICH. PALACE* JOHNSTOWN, STATE* BRISTOL, CAMEO • WILLIAMSPORT, RIALTO • NASSAU, NASSAU • RUSSELLVILLE, RITZ • BOULDER. BOULDER FALMOUTH. ELIZABETH • LANSFORD, PALACE • NASHUA. STATE • GREELEY. CHIEF • CONCORD. CAPITOL • WATERVILLE. HAINES • HELENA. PARAMOUNT • MAUSTON. GAIL • ODESSA, LYRIC ANSONIA, CAPITOL • ABERDEEN, WARNER • McCANNEY, GRAND • ST. JOHNSBURY, STAR SANDUSKY, OHIO • SO. NORWALK. PALACE • NASSAU, CINEMA • MANCHESTER. STATE ITHACA. STATE • QUANAH, PALACE • NEW ORLEANS. OR^HEUM • PORTLAND. ME.. STATE • COLO. SPRINGS, CHIEF* BRIDGETON.M AYFAIR^SSciNE. VENETIAN • TROY. TROY • ARKADELPHIA. ROYAL • PUEBLO. CHIEF • GUTHRIE/V*.LBA • HENRYETT A BLAINE • SHEBOYGAN. SHEBOYGAN • CHICKASHA, RITZ • \VELO. LYRI PHOENIX, RIALTO • MARSHALLTOWN, CAPITOL • GALVESTOfo!VrATF HENDERSON, KENTUCKY • LIVERMORE FALLS, DREAMLA CLEVELAND, HIPPODROME • WAUSAU, GRAND • HAVANA, LAWFORD • NORWAY, REX • GRAND JUNCTION. MESA HOT SPRINGS. PARAMOUNT • CLOVIS, LYCEUM CONWAY. CONWAY • COBLESVILLE, PARK TUSCALOOSA. BAMA • LUBBOCK. PALACE • WARRENSBURG. FAIRYLAND •DANBURY. PALACE STRAWBRS i BOOKED IN AHEAD OF EVERYTHING -EVERYWHERE THIS WEEK! JAMES OLIVIA CAGNEY-DeHAVILLAND :the strawberry blonde' Rita Hay worths ALAN HALE * JACK CARSON • GEORGE TOBIAS Screen Play by Julius J. and Philip G. Epstein • From a play by James Hagan Directed by RAOUL WALSH 4 Motion Picture Daily Thursday. February 13. 1941 Critics9 Quotes . . . "THIS THING CALLED LOVE" (Columbia) At times this marital maneuvering runs thin and repetitious, but a trio of authors make up the deficiency with cosmic incident and subtle innuendo, and Rosalind Russell and Melvyn Douglas, supported by an excellent cast, keep their special problems amusing without being offensive. — Newsweek. Extracts a prodigious amount of fun from a subject which has been taboo more or less in motion pictures for years. Its situations are drawn from cer- tain biological aspects of marriage, and it is a refined but candid screen ex- tension of that standard stage device, the bedroom farce. — Donald Kirkley, Baltimore Sun. Heaps of fun, skates on thin ice here and there ... a sparkling adult farce. The direction is vigorous — a little editing would have helped. — Norman Clark, Baltimore News Post. Should provide acceptable entertainment for mature audiences who enjoy seeing a farcicial idea resourcefully elaborated upon. — Garrett D. Byrnes, Providence Journal. "WESTERN UNION" (20th Century-Fox) Makes picture history. . . . One of the best historicals ever turned out by any studio. It will probably turn out to be one of Hollywood's most successful Westerns. — Lee Mortimer, New York Daily Mirror. It's a rousing good Western, history or no history ... a powerful outdoor film which most persons will probably remember for its brilliant Technicolor. — Robert W. Dana, New York Herald Tribune. Spectacular screen entertainment — a Western, you might say, with the proper cinematic unity. — Bosley Crowther, New York Times. None too absorbing ... at times, interesting, and at times, exciting, but not altogether so in its detailed account of the obstacles builder Edward Creighton meets and overcomes. — Wanda Hale, New York Daily News. "ESCAPE TO GLORY" (Columbia) A melodrama with smacking good suspense, shrewd use of detail and several exciting episodes that make it an engrossing if minor film. — Richard L. Coe, Washington Post. Not polished movie technique nor high art . . . But for suspense and melodrama this film is all you could ask. — Washington News. A combination of cliches, but pretty exciting nonetheless. — Washington Times Herald. Somehow or other, Director John Brahm has taken these hokum characters and situations and whipped up a topical suspenseful yarn. Good players and dialogue that is downright flashy in spots are also a help. — Gerard Gaghan, Philadelphia Ledger. It is all quite different, and extremely diverting, with the entire cast of principals turning in good performances. — Dorothy Gmnan, Philadelphia Daily News. "NIGHT TRAIN" (20th Century-Fox) Although "Night Train", directed by Carol Reed, lacks the polish of its Hitchcock predecessors, its sustained excitement is agonizing. — Time. Fast moving and very exciting. It is tangy with the condiments of romance and suspense. — Chicago Tribune. Universal Starts 5 Regional Meetings 5-Year Pact Approved for N. M. Schenck (Continued -from page 1) Schenck's leadership and the capabil- ities of his management associates. "If it were in my power to do so," said George N. Armsby, a director, "I would make the contract effective for the rest of Mr. Schenck's na- tural life." On the motion of A. Hirschman, a stockholder, the meeting voted its thanks for the services and accom- plishments of Schenck, the other of- ficers of the company and the board of directors. Directors Reelected The directors who were reelected are: Armsby, David Bernstein, Leo- pold Friedman, John R. Hazel, Al Lichtman, C. C. Moskowitz, William A. Parker, J. Robert Rubin, Schenck, Joseph Vogel, David Warfield and Henry Rogers Winthrop. The re- elected officers are: Schenck, presi- dent; Bernstein, vice-president and treasurer; Arthur M. Loew, first vice-president; Rubin, Lichtman, Ed- gar J. Mannix, Sam Katz and E. A. Schiller, vice - presidents ; Leopold Friedman, secretary ; J . T. Mills, comptroller and assistant secretary ; Hattie Helborn and Benjamin Thau, assistant secretaries ; Moskowitz, Len Cohen, Charles K. Stern, Nicholas Nayfack and Rae Lazarus, assistant treasurers. Rubin Meeting Chairman Rubin acted as chairman of the meeting, assisted by Bernstein and Friedman. Of the 1,802,435 shares of common stock outstanding, more than 1,200,000 shares were repre- sented at the meeting. Of the latter, 1,146,000 shares ' were cast for the reelection of directors. No names other than those of the present direc- tors were placed in nomination. Ap- proximately the same number of shares was voted in favor of the new Schenck contract, and 55,774 shares were voted against its approval. Xo other business came before the meet- ing, which lasted only a little more than one hour. One shareholder asked whether any emergency existed which prompted the board to submit the new long term con- tract for approval at this time. Rubin replied that in the best judgment of the board action on the contract was desirable at this time. "No one is more capable, or as capable, of carrying on the business of this company as Mr. Schenck," Rubin said. "Leadership such as his is more essential in difficult times than in easy times. This company came through the depression with its colors flying, and now has overcome serious foreign problems and is operating at a profit. Those results are due in no small measure to Mr. Schenck's leadership." Other shareholders praised Schenck and the Loew's management highly. One said that in normal times he would be inclined to oppose the con- tract, but in view of world conditions today he believed it necessary and a proper safeguard of the company's interests. Another shareholder expressed gratification over the evidence of many small stockholders voting with the larger ones on the two subjects before the meeting. Management Praised "I believe we have the best man- agement obtainable," he said. "It should be retained and rewarded." The vote of thanks was made and carried and directors who were pres- ent then were introduced and ap- plauded by the shareholders. Direc- tors present in addition to Rubin, Bernstein and Friedman were: Armsby, Warfield, Moskowitz, Parker and Vogel. In replying to questions put by shareholders later, Bernstein stated that the effects of the war on the company's earnings appear to be no greater today than they were last year. He said the outlook appears to be "encouraging," with remittances still being received from Britain, busi- ness gains being made in Latin Amer- ica and domestic earnings showing continued improvement. (Continued from page 1) delphia on Sunday, and a third in New Orleans next Tuesday. . Heine- man's second and final meeting will be next Tuesday in San Francisco. Both McCarthy and Heineman will spend much more time in the field this year than heretofore, it was stated at today's meeting. Conclusion of the regional meet- ings by Feb. 18 means that Univer- sal's sales force will be in the field with new season's contracts before the end of February, the earliest start of a major company's selling season in more than 15 years. Universal home office executives left here last night for New York. In the group were Nate J. Blumberg, president ; J. Cheever Cowdin, chair- man, and W. A. Scully, vice-presi- dent and general sales manager. Cliff Work, studio chief, returned yesterday to the Coast. Defense Films Going Out to 7,500 Houses (Continued from page 1) City, Los Angeles and Denver ; RKO. in Dallas, Oklahoma City, San Fran- cisco and Seattle, and United Artists in Cleveland, Buffalo and Charlotte- Film Carriers, Inc., the associaf' of 28 trucking organizations, has vol- unteered to handle the physical dis- • tribution of all subjects without charge. Red, white and blue labels : will be affixed to all shipments to ■ identify them. George J. Schaefer, RKO president, is chairman of the industry national >j co-ordinating committee. William A. Scully, vice-president and general sales manager of Universal, is chair- \ man of the distributors' division. Mem- bers of the division are : Neil Ag- new, George Dembow, Ned E. De- , pinet, W. F. Rodgers, Gradwell Sears * and Herman Wobber. Joseph Bernhard, general manager of W arner Theatres, is chairman of I the theatres division, and E. V. Rich- • ards of Saenger Circuit, New Or- leans, co-chairman. Members are: A. H. Blank, Harry Brandt, Si Fabian, - John H. Harris, Ed Kuykendall, Sam E. Morris, C. C. Moskowitz, John J. O'Connor, R. J. O'Donnell, Spyros Skouras, R. B. Wilby and Nathan Yamins. Brandt, who is chairman of a special subcommittee, reported that the num- ber of participating theatres is ex- pected to be increased to 10,000 in the near future. ■ Haddock Dismissed By Variety Artists (Continued from page 1) Haddock was asked if he would re- sign if the board requested such ac- tion. Haddock replied that he would, provided he would be given an oppor- tunity to draw a final report and sub- mit it to the board. When Haddock took this stand the amendment calling for his immediate dismissal was of- fered. Walter Greaza, representing Actors Equity; Florence Marston, representing Screen Actors Guild ; and Ruth Richmond, representing Chorus Equity, who are entitled to member- ship on the board because of the loans made by their organizations to AGVA, all voted against the dismissal, al- though they are known to be opposed to the Communist faction. It was explained later that they voted in this manner because they be- ■ lieved Haddock was entitled to a chance to explain his position and, fur- ther, that the organization had no one to substitute in his place. Haddock has been the third executive secretary in the 17 months of AGVA's exist- ence. AGVA was created to replace the American Federation of Actors whose charter was revoked after a stormv controversv in September. 1939. Haddock declared that he would take the issue before the New York membership at a meeting at the Hotel Abbey on Monday afternoon. He said that he had been given "a vote of confidence" by the locals in Chicago. Detroit. Cleveland. Pittsburgh and Cincinnati. Thursday, February 13, 1941 Motion Picture Daily 5 'Kitty Foyle' Seattle Lead With $8,500 Seattle, Feb. 12.— "Kitty Foyle" drew $8,500 at the Fifth Avenue, dualed with "Tall, Dark and Hand- some," while "High Sierra" took f*6,800 at the Orpheum. Competition v^rae from warm weather, a sell-out j_unt-Fontanne engagement at the Metropolitan, and several concerts. Estimated takings for the week end- ing Feb. 7 : "Victory" (Para.) "Up in the Air" (Mono.) BLUE MOUSE— (950) (30c-40c-50c-65c) 7 days. Gross: $3,100. (Average, $4,000) "Kitty Foyle" (RKO) "Tall, Dark and Handsome" (20th-Fox) FIFTH AVENUE— (2,500) (30c-40c-50c- 65) 7 days. Gross: $8,500. (Average, $7,000) "Escape to Glory" (Col.) "Blondie Has Servant Trouble" (Col.) LIBERTY— (1,800) (30c-40c-50c-65c) 7 days. Gross: $4,600. (Average, $5,000) "The Philadelphia Story" (M-G-M) "Michael Shane, Private Detective" (ZOth- Fox) MUSIC BOX— (950) (30c-40c-50c-65c) 7 days, 3rd week. Gross: $3,600. (Average, $4,000) "High Sierra" (W. B.) "Where Did You Get That Girl?" (Univ.) ORPHEUM— (2,450) (30c-4Oc-50c) 7 days. Gross: $6,800. (Average, $6,000) "Six Lessons from Madam LaZonga" (Univ.) "Hold That Woman" (Mono.) PALOMAR— (1,500) (20c -30c -40c -50c) 7 days. Vaudeville headed by Pinky Tomlin. Gross: $5,300. (Average, $5,000) "Hudson's Bay" (ZOth-Fox) "The Saint in Palm Springs" (ZOth-Fox) PARAMOUNT— (3,050) (30c-40c-50c) 7 days, 2nd week. Gross: $5,200. (Average, $6,000) $19,000 Is 'Wind' Kansas City Gross Kansas City, Feb. 12. — "Gone With the Wind" in the second week at the Midland, scored a fine $19,000. "The Bank Dick," with a stage show at the Tower, tallied $7,200. Estimated takings for the week end- ing Feb. 4-6 : "Buck Privates" (Univ.) ESQUIRE— (800) (28c -44c) 7 days. Gross: ..'/JO. (Average $2,200) "Gone With the Wind" (M-G-M) MIDLAND— (4,000), (40c-56c) 7 days, 2nd week. Gross: $19,000. (Average, $9,500) "victory" (Para.) NEWMAN— (1,900), (28c-44c) 7 days. Gross $6,000. (Average, $7,000) "Santa Fe Trail" (W.B.) "She Couldn't Say No" (W.B.) ORPHEUM— (1,500), (28c-44c) 7 days, 2nd week. Gross: $5,500. (Average, $5,000) "The Bank Dick" (Univ.) TOWER— (2,200). (30c) 7 days. Stage: De May. Moore & Martin, The Three Cards, Emily Darrell. Gross: $7,200. (Average, $6,000) "Buck Privates" (Univ.) UPTOWN— (2,000), (28c-44c) 7 days. Gross: $3,000. (Average, $3,000) Feature Reviews 'Strawberry Blonde9 Folsom Resigns from Defense Commission Rochester, Feb. 12. — The resigna- tion of Marion B. Folsom, Eastman Kodak treasurer, from the executive post he has held on a part time basis witli the National Defense Advisory Commission, has been announced here. Dr. Grenville R. Holden, economic adviser for Kodak, will continue on a full-time basis with the commission. He has been conducting statistical stu- dies on the availability of minerals and metals. {Warners) T N NEW YORK of the 90's is recounted this drama of the man who -t found happiness in the simple home of his own making, and in the love of a simple woman, rather than in the glamorous ideal he long had held before him. The film gives every evidence of being all-around good entertainment for any audience. Taken from the stage play by James Hagan, this was produced first on the screen by another company some years ago, under the title, "One Sunday Afternoon," and in the present version suffers not one whit by an inevitable comparison. For the older generation of patrons, there will be a strong nostalgic appeal in this film, by reason of its setting, and its delightfully amusing picture of the habits and dress of an older generation. But there is much more than that for all audiences, in a human story of the man who thinks he has been double-crossed in his love for a woman, who has his opportunity for revenge, but comes to a sudden realization that he is the winner, and not the victim. James Cagney, in a role more subdued than usual, displays once again that he is an actor of versatility and ability, as the dentist who marries Olivia de Havilland as a second choice, when Rita Hayworth marries Jack Carson, bluffer, grafter and wealthy politician. Miss DeHavilland is splendid as the girl whose loyalty and love show Cagney that there is much in life beyond wealth. Alan Hale is delight- ful as Cagney's happy-go-lucky father, and George Tobias is amusing as the Greek barber and friend of Cagney. As Cagney is faced with an opportunity to administer gas to the man who stole his sweetheart, used him as a dupe and caused him to serve a five-year jail term as a result, a flashback tells that story and returns to the picture's present with Cagney's realization that he, not Carson, is the happy man. Raoul Walsh has given the film an incisive, well-placed production. Technical values are of the best. William Cagney was associate producer. Running time, 97 minutes. "G."* Charles S. Aaroxson "Scatter good Baines" {RKO) HP HE sage of Coldriver, U. S. A., Clarence Budington Kelland's love- *■ able character of fiction, who offers homespun philosophy on the slightest provocation, here makes his initial screen appearance in the person of Guy Kibbee, who most certainly bears some resemblance to the character pictured in the minds of the story's readers. The film, made at no great cost, moves along with its central character, at a slow but smooth pace with drops of humor injected frequently in an effort to sustain interest, which might wander due to a lack of action. Kibbee does the job well and although some of the supporting players show signs of inexperience, the story on the whole is enacted in adequate fashion. Carol Hughes, John Archer. Francis Trout and Emma Dunn are the others principally involved. Although obviously designed for small town patronage, there is a pleasant quality about "Scattergood Baines" which should appeal to big city patrons. The circulation of the original makes for a selling point that commands attention. Running time, 69 minutes. "G."* "The Phantom Cowboy" ( Republic) A PLOT to deprive a group of Mexican peons of property bequeathed to them by a hacienda owner is the subject of this Western. Don "Red" Barry has the leading role and is supported by Neyle Marx, Virginia. Carroll, Milburn Stone, Rex Lease and others.' George Sher- man guided the production as director and associate producer. It is hardly up to the standard of Republic Westerns. Stone, former assistant to the hacienda owner, learns the details of his will which provides for Barry, a ward of the dead man, in addition to the peons. In an effort to take over the property himself, Stone tries to drive off the peons and kill Barry. The title character, played by Marx, is a young Mexican, who seeks to avenge his father's death in cooperation with Barry. Running time, 56 minutes. "G."* *"G" denotes general classification. 'Story VWind' Hold Pace in Philadelphia Philadelphia, Feb. 12. — Both "Gone With the Wind" and "Phila- delphia Story" continued big, the for- mer in its second week at the Stan- ley with $27,000 ; and the latter, at the Boyd, getting 825,000 in its third week. Estimated takings for the week end- ing Feb. 5-7 : "Road Show" (U. A.) ALDINE— (1,400) (35c -41c -46c -57c -68c) 7 davs, 2nd week. Gross: $4,500. (Average, $9,000) "Love Thy Neighbor" (Para.) ARCADL\— (600) (35c-46c-57c) 7 days, 2nd run. Gross: $3,800. (Average, $2,600) "Philadelphia Story" (M-G-M) BOYD— (2,400) (35c-41c-46c-57c-68c) 7 davs, 3rd week. Gross: $25,000. (Average, $13,000) "Keeping Company" (M-G-M) EARLE— (4,000) (35c-41c-46c-57c-68) 7 days, with vaudeville including the "Streets of Paris" unit with "Think-a-Drink" Hoff- man, Sid Marion and Cliff Hall, Hylton Sisters, Frank & Jean, Anne Crosby, Don Richards, Petch & Deauville, Don Rich- ards, Peggy Alexander, and Hubert, Ern- esto & Talia. Gross: $19,900. (Average, $14,000) "Gallant Sons" (M-G-M) FAY'S — (2,190) (15c-29c-35c-46c-57c) _ 7 days with vaudeville including Ann Corio, Wesson Bros., Margo Sisters, Fenwick & Cook, and Jimmy Fields. Gross: $9,600. (Average, $6,900) "High Sierra" (W. B.) FOX— (3.000) (35c-41c-46c-57c-68c) 7 days. Gross: $18,500. (Average, $13,000) "The Lady With Red Hair" (W. B.) KARLTON— (1,000) (35c-41c-46c-57c-68c) 7 days. Gross: $3,900. (Average, $3,000) "Kitty Foyle" (RKO) KEITH'S— (2,200) (35c-41c-46c-57c-68c) 7 days. 3rd week, 2nd run. Gross: $5,000. (Average, $4,500) "Gene With the Wind" (M-G-M) STANLEY — (3,700) (35c-41c-46c-57c-68c) 7 days, 2nd week, return engagement. Gross: S27~,0CO. (Average, $14,000) "Tall, Dark and Handsome" (ZOth-Fox) STANTON— (1,700) (35c-46c-57c) 7 days. 2nd week. Gross: $5,900. (Average, $4,500) 'Hudson's' $5,300 Strong in St. Louis St. Locis, Feb. 12. — "Hudson's Bay" and "Love Thy Neighbor" scored $5,300 at the Missouri. "Gone With the Wind" drew $13,500 in its third and final week at Loew's State. Estimated takings for the week end- ing Feb. 6: "Gene With the Wind" (M-G-M) LOEWS STATE— (3,162) (40c-56c) 7 days, 3rd week. Gross: $13,500. (Average, $13,000) "Kitty Foyle" (RKO) "The Saint in Palm Springs" (RKO) AMBASSADOR— (3,018) (28c-39c-44c-56c) 7 davs. 2nd week. Gross: $8,500. (Average. $11,500) "Second Chorus" (Para.) FOX— (5,038) (30c-40c-50c) 7 days. A. B. Marcus' "Continental Revue" on stage. Gross: $10,500. (Average. $11,000) "Hudson's Bay" (20th-Fox) "Love Thy Neighbor" (Para.) MISSOURI— (3,514) (30c-40c-50c) 7 days. Gross: $5,300. (Average, $4,000) "North West Mounted Police" (Para.) "Dr. Cyclops" (Para.) ST. LOUIS— (4,000) (25c-35c) 7 days. Gross: $2,700. (Average, $2,600) Rooney on Vacation Hollywood, Feb. 12. — Mickey Rooney leaves tomorrow for a month's vacation in Honolulu. .11 •Si 61 H rti § ^0 8 8 vary 7 the Sailor UIET, EEZE' IP ruary 7 land Rice irtlight OBATIC CES' Febr Popeye PL Febi Grant spo 'ACR A < s 1 « t ' § I 1 £ .§ c < c rn o 1 -8«5 4) — u. O u IJU Off 1 WARNERS Honeymoon for Three (C) 510 George Brent Ann Sheridan High Sierra (D) 556 H. Bogart Ida Lupino Father's Son (D) 520 John Litel F. Inescort Flight from Destiny (D) T. Mitchell Jeffrey Lynn Great Mr. Nobody (C) Eddie Albert Joan Leslie Strawberry Blonde (D) James Cagney 0. De Havilland Shadows on the Stairs (D) F. Inescort P. Cavanagh Footsteps in the Dark (C) Errol Flynn B. Marshall Here Comes Happiness (D) Mildred Coles Edward Norris The Sea Wolf (D) Ed. G. Robinson Lupino-Garfield Knockout (D) Art Kennedy Olympe Bradna UNIVERSAL Six Lessons from Madame LaZonga (M) Lupe Velez Buck Privates (C) Abbott-Costello Andrew Sisters Back Street (D) Charles Boyer M. Sullavan Meet the Chump (C) Hugh Herbert Jeanne Kelly Nice Girl (D) Deanna Durbin Franchot Tone Dark Streets of Cairo (D) Ralph Byrd Sigrid Gurie Mr. Dynamite (D) Lloyd Nolan Irene Hervey Model Wife (C) Joan Blondell Dick Powell Double Date (D) Peggy Moran Rand Brooks Lady from Cheyenne (O) L. Young Robert Preston Mutiny in the Arctic (U> . Man-Ma Monster . U. A. Road Show (C) . Adolphe Menjou Carole Landis So Ends Our Night (D) Fredric March M. Sullavan X o t K o tN Romance of the Rio Grande (O) 125 Cesar Romero Tall, Dark and Handsome (C) 128 Cesar Romero Girl in the News (D) 127 Valerie Hobson B. K. Barnes Ride, Kelly Ride (C) 129 E. Pallette Golden Hoofs (C) 130 Jane Withers Buddy Rogers Western Union (D) 126 Scott-Jogger Robert Young Murder Among Friends (D) M. Weaver John Hubbard Tobacco Road (D) C. Grapewin Gene Tierney Murder Among Friends (D) M. Weaver John Hubbard The Outlaw (O) Walter Huston Jane Russell Dead Men Tell (D) Sidney Toler K. Aldridge Scotland Yard (D) 131 John Loder Nancy Kelly RKO RADIO Let's Make Music (D) 115 Bob Crosby Jean Rogers Saint in Palm Springs (D) 116 George Sanders Wendy Barrie Mr. and Mrs. Smith (C) 117 Carole Lombard R. Montgomery Along the Rio Grande (O) 183 Tim Holt Ray Whitley Play Girl (D) 121 Kay Francis James Ellison Scattergood Baines (D) 123 Guy Kibbee Dink Trout Citizen Kane (D) 118 Orson Welles A Girl, A Gob and A Guy (C) George Murphy Lucille Ball Footlight Fever (D) 119 Alan Mowbray Donald McBride Melody for Three (D) Jean Hersholt Repent at Leisure (C) Kent Taylor Wendy Ban ic REPUBLIC Robin Hood of the Pecos (O) 054 Roy Rogers O ?> Arkansas Judge (C) 010 The Weavers Roy Rogers Petticoat Politics (C) 020 Higgins Family The Phantom Cowboy (O) 075 Don "Red" Barry Prairie Pioneers (O) 065 3 Mesquiteers Citadel of Crime (D) John Wayne Frances Dee Great Train Robbery (O) Bob Steele Clowe Carleton Back in the Saddle (O) Gene Autry Smiley Burnette Mr. District Attorney (D) Florence Rice Dennis O'Keefe Sis Hopkins (C) Judy Canova Bob Crosby PARA. Victory (D) 4015 Fredric March Betty Field Aldrich Family in Life with Henry (C) Jackie Cooper You're the One (M) Bonnie Baker Orrm Tucker The Mad Doctor (D) B. Rathbone Ellen Drew Virginia (O) F. MacMurray M. Carroll In Old Colorado (O) William Boyd Russell Hayden The Hard-Boiled Canary (M) 4020 Allan Jones The Lady Eve (C) B. Stanwyck Henry Fonda Las Vegas Nights (M) Regan-Wheeler Tommy Dorsey Border Vigilantes (O) William Boyd Russell Hayden MONOGRAM Dead Man's Shoes (D) W . Lawson Leslie Banks You're Out of Luck (D) Frankie Darro M. Moreland The Kid's Last Ride (O) Range Busters Ridin' the Cherokee Trail (O) Tex Ritter Air Devils (D) Leo Gorcey Bobby Jordan Sign of the Wolf (D) Grace Bradley Louise Beavers At the Villa Rosa (D) Judy Kelly Kenneth Kent M-G-M Philadelphia Story (C) 119 Grant-Hepburn James Stewart Wild Man of Borneo (C) Land of Liberty (D) Come Live With Me (C) James Stewart Hedy Lamarr Blonde Inspiration (C) John Shelton Virginia Grey Trial of Mary Dugan (D) 125 Robert Young Andy Hardy's Private Secretary (C) 126 Free and Easy (C) 127 Ruth Hussey Robt. Cummings Rage in Heaven seen »Y * 'Looks lik© Lee has taken the South again Carolyn Lee Pre-release engagements give you the tip -off on "VIRGINIA" business! VIRGINIA tops "North West Mounted Police" in Washington, D. C, Cumberland, Md., Roanoke, Va. and Danville, Va. u VIRGINIA Outgrosses "Love Thy Neigh- bor" in Miami, Memphis, Nashville, and Atlanta. u 4 Motion Picture daily Friday, February 14, 1941 Myers, Keough Discuss Decree and Arbitration in A. A. A. Symposium THE Federal consent decree in the New York film case is the first such decree which, through arbitration, provides adequate means of enforcement of its provisions, it is stated by the American Arbitration Association in connection with a symposium on the film arbitration machinery published in the current issue of Arbitration Journal, quar- terly publication of the association. The film decree is significant in that, if it proves successful, it may serve as a model for other industries, the AAA. asserts, and the symposium is presented in view of this significance. The symposium includes articles by all the elements concerned in the film arbitration setup. Provisions of the de- cree are discussed by James V. Hayes, special assistant to the U. S. Attorney General, in excerpts from his opening statement before Federal Judge Henry W. Goddard at the time Austin Keough What Keough Says: Keough, presenting the distributor's viewpoint, declares : "It must be ad- mitted that exhibitors generally are opposed to the trade showing and 'g ro ups - of - five' sections of the decree. They ar- gue that instead of benefiting ex- hibitors, big or little, independ- ent or circuit, and through them the public, the new selling sys- tem will impose hardships in time consumed and costs increased that will out- weigh any good that can possibly come from it — and they say no good can come. It is to be hoped that they are mistaken. In any event, the decree can be amended if the experiment does not prove the new system a good thing for all con- cerned." Discusses Provisions The Paramount general counsel discusses various provisions of the de- cree and the arbitration setup. "To the extent that the de- cree imposes obligations vol- untarily undetaken by the dis- tributors, it imposes upon them new rules of trade con- duct," he says. "It does not go beyond this. It does not make new law. It does not empower the arbitrators to es- tablish additional trade prac- tices or put additional re- straints or limitations upon either the distributors who consented to the decree or ex- hibitors who arbitrate under it. Economic and social theo- ries are not to be legislated into existence by arbitration." Keough further states : "It will be apparent that many disputes can arise over the application of the principles announced in the consent decree to the facts in any given situation and there will be controveries as to the decree was presented to the court. Abram F. Myers, general counsel and chairman of the board of Allied States, presents the viewpoint of the independ- ent exhibitor on arbitration. Austin C. Keough, vice-president and general counsel of Paramount, discusses the decree and arbitration from the dis- tributor's viewpoint, and there is an article on the administration of the film arbitration system by Paul Felix Warburg, chairman of the motion pic- ture administrative committee of the AAA. whether or not the decree is being carried out. "Has an exhibitor unwillingly li- censed more groups of feature pictures than he desires because the distribu- tor made it a condition of dealing that he take 'all or none' ? Or has the distributor refused to deal with an exhibitor because he will not take the extra unwanted pictures ? Has the dis- tributor tried to 'force' newsreels and short subjects upon the customer as a condition of getting the distributor's feature pictures? Or was the refusal of the distributor to deal with the exhibitor in a given instance merely the result of their inability to agree upon the terms of a contract? Is the exhibitor's demand to cancel out a feature based upon the fact that it gives offense generally to his patrons on some ground of morals, race or re- ligion, or does the claim come merely because a few vehement critics, who want to be the unofficial censors for the whole community, have exerted pressure upon the theatre manager? Or does the manager merely think he will not make enough money on the picture and is asserting a specious ground of cancellation to avoid what he thinks may turn out to be a bad bargain? Arbitration 'Obvious' Solution "The foregoing, by way of illustra- tion, are some of the questions that will have to be decided under the de- cree if disputes arise. It was the wish of the Government and of the five companies that there should be a rea- sonably speedy and inexpensive method of decision provided for their settlement. Arbitration was the ob- vious way." Local Arbitration Panel Set Tuesday The American Arbitration Association next Tuesday will appoint the panel of 25 to 40 arbitrators who will serve in the New York area in han- dling film cases under the consent decree arbitration system, it was learned yester- day. What Myers Says : Abram Myers "There is reason to believe that the distributors would rather see the sys- tem succeed than to see it fail," Myers declares in his article. In ar- bitration, the de- cree "will be lib- erally construed in favor of the in- dependent exhib- itors," Myers believes. Use by the dis- tributors of the right of appeal on every case at ar- bitration under the consent de- cree regardless of the amount in- volved, would bring the system into disrepute, Myers says. "The arbitration proceedings will constitute the record on which the Department of Jus- tice will eventually decide whether to apply to the court for further relief against the defendants," Myers says. The value of the arbitration proceedings to the independent exhibitors will depend largely on whether the tribunals func- tion quickly and cheaply, Myers declares. Referring to conciliation, Myers points out that there has never been a time when conciliation could not have been practiced with respect to the special benefits and privileges en- joyed by the circuits, "but the latter were not willing voluntarily to relin- quish those privileges." 'Aims at Conciliation' Myers continues : "The important consideration overlooked by these critics (of the decree) is that the de- cree is definitely calculated to pro- mote, not discourage, conciliation and side-line settlements." "Taking a broad view, it is decide- ly to the advantage of the distributors to settle as many claims as possible before proceedings are begun," says Myers in a reference to the three- year trial period on theatre holdings of the consenting companies. "If, at the end of three years, it should appear that no cases have been filed and no awards have been made, there would be no record on which the At- torney General could apply to the court for further relief." "The decree necessarily imparts in- to every arbitration proceeding as a basic and indispensable element the background of Sherman Law viola- tion," Myers declares. "The purpose of the decree to rem- edy the conditions graphically depicted in the Government's complaint shines through every line of its verbiage. Ar- bitrators botli on the local tribunals and on the Appeal Board in interpret- ing and applying the decree will give full scope to its remedial purpose." Unique features of the arbitration system of the decree pointed out by Exhibitors in England Ask Cut in Quota (Continued from page 1) was described as the secrecy of its policy, but expressed a willingness to contribute constructive suggestion', It is unofficially understood f jet such suggestions would be ^th x jn the exhibitor contention .at the Board of Trade already posseses ade- quate power to adjust legislation as required with no necessity of a Films Commission being set up. The coun- cil yesterday endorsed the stand of Harry P. E. Mears, C.E.A. president against a commission, and authorized local branches to deal with further developments. The Kinematograph Renters So- ciety (distributors) met today and discussed the commission proposal. Rapid developments in the commission situation are anti- cipated in informed quarters, with an all-industry conference a possibility in the near future, and the likelihood existing that within the next week the Board of Trade will formally announce the completion of the commis- sion plan. It also is understood that the ex- hibitors, with Mears as the dominant factor, contend that British interests are identical with American interests and would oppose any action likely to interfere with existing Anglo-Amer- ican trade and political relations. Exhibitors, concerned over business in the areas subjected to constant bombing, will ask the K.R.S. -C.E.A. joint committee to consider the pos- sibility of special rental terms in the areas affected by enemy action. The annual general meeting of the C.E.A. will be held at Nottingham on March 11. Brodstein Dropped In Philadelphia Suit Philadelphia, Feb. 13. — Judge Guy K. Bard in Federal Court here granted the petition of David B. Brodstein, Reading, Pa., exhibitor, to be dropped as joint defendant in an anti-trust suit against seven exhibitors and the major distributors. The suit, filed last November, was brought by Harry Block and Henry Sork, independent exhibitors of Read- ing and Schuylkill Haven. Brodstein contended that as operator of a single house he had nothing to do with clear- ance, which was the basis of the suit. Myers are: provision for arbitration by exhibitors against distributors, but no provision for proceedings by dis- tributors against exhibitors ; contro- versies can be abitrated which could not be the subject of civil actions at law without allegations and proof of combination and conspiracy ; arbitra- tion tribunals are charged with de- ciding controversies on abstract prin- ciples of "reasonableness," with no fixed standards to guide them, and a complaining exhibitor may receive an award at the expense of another ex- hibitor without joining the latter as a party, although the affected exhib- itor may intervene. quality plus quantity The audit reports of the Audit Bureau of Circulations for the twelve month period ending June 30, 1940 (last audited circulation figures) show the following comparative figures for the publications in the motion picture field reporting to the Audit Bureau of Circulations: NET PAID SUBSCRIPTIONS Motion Picture Herald 15,406 Paper B 13,885 Paper C 4,266 SUBSCRIPTIONS" SOLD AT LESS THAN BASIC PRICE Motion Picture Herald .... 2,070 Paper B 6,107 Paper C 2,081 SUBSCRIPTIONS SOLD WITH PREMIUMS Motion Picture Herald . . None Paper B 5,875 Paper C 1 ,254 BASIC SUBSCRIPTION PRICE Motion Picture Herald $5 Paper B $2 Paper C $2 Over a period of ten years of constructive service to the industry, MOTION PICTURE HERALD has main- tained, and still maintains, its solid, substantial subscription list without resort to promiscuous price- cutting and premium inducements. {'■Motion Picture Herald's basic price is five dollars per year, with reduced prices for subscriptions in groups of ten or more.) MOTION PICTURE HERALD 6 Motion Picture Daily Friday, February 14, 1941 Todd Takes Over Chicago Oriental Chicago, Feb. 13. — Effective to- morrow, Michael Todd will begin operation of the Oriental Theatre in the Loop here. Todd will take over from Jones, Linick and Schaefer, who have operated the house for the past two years. Todd leased the house from the 32 West Randolph Street Building Corp. At present he has two legitimate stage shows on the road and operates the Michael Todd Theatre Cafe on Chi- cago's North Side. He also operated concessions at the New York World's Fair. Reports were current recently that Balaban & Katz were negotiating for the theatre. The Department of Jus- tice notified Eli Mayer, atorney for the Metropolis Land Corp., owner of the ground lease, at that time that leasing of the Oriental by B. & K. would be considered by the Govern- ment violation of the Chicago consent decree to which B. & K. is a party. The negotiations presumably were dropped at that time, and subsequently it was understood that Jones, Linick and Schaefer would continue to oper- ate the house. There had been no previous indication that Todd would operate the theatre. File New Queries in S chine Trust Action Buffalo, Feb. 13. — Additional in- terrogatories have been filed by the Department of Justice in the Schine anti-trust case in Federal Court here against John A. May, J. Myer Schine and Louis W. Schine, executives of Schine Chain Theatres, Inc. The papers seek information con- cerning the business activities of the three men. They ask that their posi- tions in the corporation be stated and that Schine securities owned by them be listed. The Government also seeks to learn details of all loans made to any of the defendants and particulars of contracts executed for exhibition of pictures in any "Schine towns," dates of exhibition, film rentals paid and other information. Grainger Is Guest At Seattle Luncheon Seattle, Feb. 13. — A luncheon was tendered J. R. Grainger, president of Republic, on his arrival in Seattle yesterday by J. T. Sheffield, Republic franchise owner in the Northwest, at the Washington Athletic Club. Forty prominent exhibitors and newspaper men were present, among them Frank Newman, Al Rosenberg and Frank Christie of the Fox-Ever- green Theatres Corp. ; John Danz, president of Sterling Theatre Corp., and William Forman of Sterling Theatres ; John Von Herberg, presi- dent of the Von Herberg Circuit ; Fred Murphy Sr. and Fred Murphy Jr. of the Murphy, Washington and Oregon Theatres, and Ben Shearer of the B. F. Shearer Theatre Circuit. Cromwell Gets Trophy John Cromwell has received a' New York University trophy for "Excep- tional and Consistent High Quality of Directorial Craftsmanship." Del. Senate Passes Dover, Del., Feb. 13. — Setting a record for speedy action on important legislation, the Delaware Senate to- day passed, 14-3, a bill introduced by Senator Paul Rinard providing for local option on Sunday film shows and other business, and heavier penalties for violation of Sunday laws. The bill, presented this morning by Rinard, was reported favorably by the full Judiciary Committee early this afternoon, and a half-hour later was called up for a vote. The measure, which empowers incorporated mu- Roxy, Music Hall Lead B'way Films "Arizona's" $78,000 at the Radio City Music Hall, and "Western Union's" $50,000 at the Roxy, led the Broadway film parade for the week. Both theatres offer presentation shows with the pictures. While "Western Union" holds at the Roxy for a second week, "Arizona" moves out of the Rockefeller Center house because of congested bookings, making way for "This Thing Called Love." All the product benefited from good weather and Lincoln's Birthday, ob- served here as a holiday. At the Strand, "Honeymoon for Three," with Ray Noble's band on the stage, is expected to finish the first week tonight with about $27,000 and will hold over. "The Devil Commands" opens at the Rialto today, after a $7,000 week for "Face Behind the Mask." Award for Special Effects Is Planned Hollywood, Feb. 13. — Walter Wan- ger, president of the Academy of Mo- tion Picture Arts and Sciences, has appointed a special effect award com- mittee, which will select one produc- tion as the outstanding special effect achievement of the year. With Farciot Edouart as chairman, the committee includes : Lionel Banks, Jack Cosgrove, Arnold Gillespie, Alexander Golitzen, Byron Haskin, Bernard Herzbrun, Stanley Horsley, Kenneth Lambert, Harry Leonard, Louis Mesenkop, Jack Otterson, Elmer Raguse, Ray Seawright, Fred Sersen, Hal Shaw, James Stewart, S. J. Twin- ing, Vernon Walker and Fred Wilson Bill in Iowa Would Tax Distributors Des Moines, Feb. 13. — A bill intro- duced in the House of Representatives of the Iowa legislature would place an annual license fee of $1,000 on every Iowa distributor of motion pictures and a special tax of $1 on every reel shown in the state. The $1 a reel tax would be levied on all types, including newsreels, but would be levied only once. Exhibitors would not be taxed, but prohibited from buying, leasing, show- ing or exhibiting any film acquired in any manner from an unlicensed dis- tributor or any film on which the $1 tax had not been paid. Florida House Opens Crestville, Fla., Feb. 13. — A new theatre has opened here. Neil Robbins is the owner. Sunday Option Bill nicipalities to enact ordinances to pro- hibit or regulate Sunday business, is expected to go to the House at once and may be in the hands of Gov. Walter W. Bacon for signature to- morrow. Rinard, who introduced the Sunday films bill which was defeated in the last session of the General Assembly, explained that his measure is in com- pliance with the suggestions of the special blue law commission which has studied the legislation and made its recommendations recently to the General Assembly. Botsford Quits Para. To Join LeBaron Unit Hollywood, Feb. 13. — A.M. Bots- ford, for many years with Paramount, and most recently assistant to William LeBaron, managing director in charge of production, has resigned to join LeBaron in his independent producing venture for Paramount release. Realignment of the studio personnel, following the LeBaron resignation, and the appointment of B. G. DeSylva as executive producer, also includes the resignation of Jack Moss, asso- ciate producer, who has signed a con- tract with Walter Wanger as a pro- duction executive. Moss' first assign- ment for Wanger will be in connec- tion with "Sun Down," a Saturday Evening Post story scheduled for early production. Directors, Studios Meet on Demands Hollywood, Feb. 13. — A concilia- tion committee, consisting of Screen Directors Guild and producer repre- sentatives held its first meeting last night on demands of the guild for minimum wage scales for directors and assistants and other conditions, and adjourned until Feb. 26. If the group does not agree unan- imously, the problems go to arbi- tration, under the conditions of the directors guild bargaining contract. Representing T;he guild were Phil Rosen and George Stevens, while B. B. Kahane and Roy J. Obringer represented the producers. Schad Takes Over 2 Warner Houses Reading, Pa., Feb. 13. — Harry J. Schad, owner of the Astor and Strand here, is resuming control following the expiration of Warner Theatres' lease on the two theatres. J. Lester Stall- man, manager of the two for the past three years, will act as general man- ager for Schad. Warners have taken over the State, formerly held under a joint Warner and Wilmer & Vincent lease, and op- erated by the latter circuit. Wilmer B. Huffman will handle Warner in- terests locally. Plan Mexican Serial Mexico City, Feb. 13. — Production of Mexico's first serial, "Las Cala- veras del Terror" ("Skulls of Ter- ror"), is being prepared here by Carlos Ezquerro of California Films. The 12-chapter picture is to be re- leased in the Spring. 'Virginia' Capitol's Winner at $23,600 Washington, Feb. 13. — An eight- day run of "Virginia" at Warner's Earle took $23,600. "Second Chorus" at Loew's Capitol did $17,500. Estimated takings for the week end- ing Feb. 6-7 : "Virginia" (Para.) WARNER'S EARLE— (2,200) (28c-39c-44c- 66c-77c) 8 days. On stage: "Melody and Madness" revue. Gross: $23,600. (Averag/"1 $16,000) J r "Second Chorus" (Para.) rffl V LOEW'S CAPITOL— (3,434) (28c- 66c-77c) 7 days. On stage: Hal L,. Aoy, Three Sailors, Stuart-Morgan Dancers, Ro- mano Bros., Rhythm Rockets. Gross: $17,- 500. (Average, $16,000) "Buck Privates" (Univ.) RKO-KEITH'S— (1,834) (39c-55c) 7 days. Gross: $7,500. (Average, $7,500) "Gone With the Wind" (M-G-M) LOEW'S PALACE— (2,300) (40c-55c) 7 days, 3rd week. Gross: $13,000. (Average, $13,000) "Hudson's Bay" (20th-Fox) LOEWS COLUMBLA.— (1,250) (28c-44c) 7 days, return engagement. Gross: $5,000. (Average, $4,000) "North West Mounted Police" (Para.) WARNER'S METROPOLITAN — (1,600) (28c-44c) 7 days, return engagement. Gross: $6,800. (Average, $4,500) 'Called Love' Gets $9,000, Cleveland Cleveland, Feb. 13. — "This Thing Called Love" did an excellent $9,000 here in its second week at the Allen. "Escape to Glory," assisted by Cab Calloway on the Palace stage, drew a strong $21,000. _ Estimated takings for the week end- ing Feb. 6: "This Thing Called Love" (Cot) ALLEN— (3,000) (33c-39c-47c) 7 days. 2nd week. Gross: $9,000. (Average, $4,000) "High Sierra" (W.B.) WARNERS' HIPPODROME— (3,800) (33c- 39c-47c) 7 days. Gross: $12,500. (Average, $11,000) "Escape to Glory" (Col.) RKO PALACE— (3,100) (33c-47c-55c) Cab Calloway on stage. 7 days. Gross: $21,000. (Average, $13,500) "Thief of Bagdad" (U-A..) LOEW'S STATE— (3,500) (33c-39c-47c) 7 days. Gross: $14,000. (Average, $11,000) "Gone With the Wind" (M-G-M) LOEW'S STLLLMAN— (1.900) (40c-58c) 7 days, 3rd week. Gross: $10,500. (Average, $4,000) 'Wind' with $18,500 Is Indianapolis Hit Indianapolis, Feb. 13. — In its re- turn engagement, "Gone With the Wind" hit a smash $18-500 at Loew's. "Mr. and Mrs. Smith" and "The Saint in Palm Springs" drew $9,600 at the Indiana. The weather was cold. Estimated takings for the week end- ing Feb. 7 : "Kitty Foyle" (RKO) "Remedy for Riches" (RKO) CIRCLE— (2.800) (28c-33c-44c) 7 days. 2nd week. Gross: $5,000. (Average. $6,000) "Mr. and Mrs. Smith" (RKO) "The Saint in Palm Springs" (RKO) INDIANA— (3.200) (28c-33c-44c) 7 days. Gross: $9,600. (Average, $5,500) "Gone With the Wind" (M-G-M) LOEW'S — (2,800) (40c-55c) 7 days. Gross: $18,500. (Average. $7,000) "Meet the Missus" (Rep.) LYRIC — (2,000) (28c-33c-44c) 7 days. Stage: Gray Gordon and his Tic-Toe Rhvthm Orchestra and Revue. Gross: $7,700. (Average. $8,000) File RKO Suit Notice RKO filed notice in Federal Court here yesterday that Helen Twelve- trees, plaintiff in an action for $100.- 000 against the company, would be examined on Feb. 24. The actress claimed to have been libeled in the film. "I'm Still Alive." Friday, February 14, 1941 Motion Picture Daily 7 'Shock' Dual Paramount's two new films, "The Mad Doctor" and "The Monster and the Girl," will be offered in dual territories as a "double bill shock show," according to Neil Agnew, Paramount vice-president in charge of sales. 'rovidence Gives Wind' Big $14,400 Providence, Feb. 13. — In its second popular price week at Loew's State, "Gone With the Wind" rolled up $14,400. "Kitty Foyle" in its fifth week took $6,000 at the RKO Albee. Estimated takings for the week end- ing Feb. 5-6: "Kitty Foyle" (RKO) "The Saint in Palm Springs" (RKO) RKO- ALB EE — (2,239) (28c-39c-50c) 7 days, 5th week. Gross: $6,000. (Average. $6,000) "Gone With the Wind" (M-G-M) LOEW'S STATE— (3,232) (28c-39c-55c) 7 days, 2nd week. Gross: $14,400. (Average, $11,000) "Honeymoon for Three" (W. B.) "Romance of the Rio Grande" (20th-Fox) MAJESTIC— (2,250) (28c-39c-50c) 7 days. Gross: $7,400. (Average, $7,000) "You're the One" (Para.) "Behind the News" (Rep.) STRAND— (2,200) (28c-39c-50c) 7 days. Gross: $7,000. (Average, $6,000) "The Villain Still Pursued Her" (RKO) METROPOLITAN — (3,045) (28c-39c-55c- 75c) 3 days. Stage show with Bobby Byrne and orchestra; Minnevitch's Harmonica Rascals; Pat Henning and Betty Raye; Tack McCoy; and Don and Ruth Lane. Gross: $5,200. (Average, $5,500) "Wyoming Wildcat" (Rep.) FAY'S — (1,800) (33c-39c-44c) Stage show with Singing Powers Models; Roberta's Circus; Flo La Vere and Lou Handman, Dick Nash and Janet Evans; and the Three Chords. 7 days. Gross: $4,600. (Average, $5,000) "High Sierra" (W. B.) "The Case of the Black Parrot" lW. B.) CARLTON— (1,526) (28c-39c-50c) 6 davs 2nd week. Gross: $3,100. (Average, $3,000) "The Philadelphia Story" (M-G-M) (3 days) "Escape to Glory" (Col.) (3 days) "Second Chorus" (Para.) (4 days) "Chad Hanna" (20th-Fox) 4 days) EMPIRE — (1,200) (20c-28c) 2nd run. Gross: $1,700. (Average, $2,000) 'Mothers* Scores $16,800 in Buffalo Buffalo, Feb. 13.— "Four Mothers" and Phil Spitalny and his girl orches- tra on the stage at the Buffalo drew $16,800. "The Philadelphia Story" and "The Wild Man of Borneo" at the Hippodrome took $9,900. Estimated takings for the week end- ing Feb. 8: "Four Mothers" (W. B.) BUFFALO— (3,489) (30c-35c-55c) 7 days. Phil Spitalny and his Hour of Charm all- girl orchestra on stage, with Vivien Evelyn, The Three Little Words, Rose, Linda and Lola; Mary McClenahan, June and Johnny Coy. Gross: $16,800. (Average, $12,000) "Gone With the Wind" (M-G-M) GREAT LAKES— (3,000) (40c-55c) 7 days ,ri,we^' Gross. $13,800. (Average. $7,500) 'The Philadelphia Story" (M-G-M) "The Wild Man of Borneo" (M-G-M) HIPPODROME— (2,100) (30c-50c) 7 days, 2nd week. Gross: $9,900. (Average, $6.80C) "One Crowded Night" (RKO) 3 days. "Lefs Make Music" (RKO) 4 days. "Lil Abner" (RKO) 4 days. TWENTIETH CENTURY— (3,000) (30c- 35c-55c) 7 days. Vincent Lopez and his orchestra on stage for three days, with Anne Barret, Sonny Skyler, Pearl Robbins and the Arnaut Brothers. Gross: $11,000 (Average, $7,500) "The Invisible Woman" (Univ.) "Margie" (Univ.) LAFAYETTE— (3,000) (30c-40c) 7 days. Gross: $7,000. (Average, $6,300) Feature Reviews "Father's Son" ( Warners) D ASED on a story by Booth Tarkington, "Father's Son" is a senti- mental but familiar tale of a father (John Litel) who was too busy with business and community affairs to understand his own son. The latter, engagingly portrayed by young Billy Dawson, is a typical, mis- chievous young lad who manages to annoy his father from sheer exuberance. Parents and grandparents, too, are likely to enjoy this portrayal of family life, with its cares, its tribulations and simple joys. D. Ross Lederman, who directed, has supplied many such touches, but the younger folk are likely to find the lack of good plot development a shortcoming. Frieda Inescort plays the understanding mother who, when- she finds that her husband's short temper is depriving Bill of his natural home life, decides that it would be better to set up a home of her own for herself and her son. Bill, of course, who is a normal youngster, notices that his parents are unhappy about the separation and arranges a fake kidnaping to bring them together again. Running time, 57 minutes. "G."* Edward Greif "Phantom Submarine" (Columbia) STARTING off with a mysterious murder, a reporter assigned to investigate the presense of a submarine and a freighter whose crew seeks to recover gold on a sunken vessel in the Caribbean, this gives every indication in the early sequences of exciting entertainment to follow, but not until relatively late in the film does any tenseness really develop. It lacks consistency in maintaining suspense. Anita Louise plays the part of crack newspaper woman, whose knowl- edge of the sea leads to her employment by the Government to investi- gate the submarine, which was seen in the vicinity of the sunken ship. She and the members of the expedition uncover, among other things, mine-strewn waters and a small island inhabited by foreign agents. Charles Barton directed. Running time, 70 minutes. "G."* ¥"G" denotes general classification. 'Wind* Registers $12,000 in Toronto Toronto, Feb. 13.— "Gone With the Wind" took $12,000 in the second week at Loew's. "This Thing Called Love" at the Imperial in the third week drew $9,800. "Kitty Foyle" reg- istered $11,800 at the Uptown. Estimated takings for the week end- ing Feb. 8 : "This Thing Called Love" (Col.) IMPERIAL— (3,373) (15c-25c-35c-50c-75c) 6 days, 3rd week. Gross: $9,800. (Average. $9 GOO) "Gone With the Wind" (M-G-M) LOEWS— (2,074) (25c-40c-50c-75c) 6 days, 2nd week. Gross: $12,000. (Average. $9,000) "Little Men" (RKO) "Lefs Make Music" (RKO) SHEA'S— (2,663) (15c-25c-40c-50c) 6 days. Gross: $7,800. (Average, $7,500) "Tin Pan Alley" (20th-Fox) "South of Suez" (W. B.) TIVOLI— (1,434) (15c-25c-40c) 6 days. Gross: $3,500. (Average, $3,900) "Kitty Foyle" (RKO) UPTOWN— (2.761) (15c-25c-35c-50c-75c) 6 days. Gross: $11,800. (Average. $9,C00) Lyons fs Transferred Des Moines, Feb. 13. — Harold Lyons, formerly salesman at the 20th Century-Fox Minneapolis office, has been transferred here as salesman, re- placing A. W. Riegelman, who died recently. New Film at Filmarte "Compliments of Mr. Flow," French film starring Fernand Gravet and Louis Jouvert, will open at the Filmarte on Sunday. The film is re- leased by Hoffberg Productions. 'Story' at $24,000 Best in Pittsburgh Pittsburgh, Feb. 13. — "Philadel- phia Story" paced the city with $24,- 000 at Loew's Penn. "Gone With the Wind" and "This Thing Called Love" took, respectively, $10,000 at the War- ner and $6,700 at the Senator. Estimated takings for the week end- ing Feb. 6 : "East River" (W. B.) FULTON— (1,700) (30c -44c) 7 days. Gross: $3,500. (Average, $5,000) "Philadelphia Story" (M-G-M) LOEW'S PENN— (3,400) (44c-55c) 7 days. Gross: $24,000. (Average, $13,000) "Texas Rangers" (Para.) "A Night at Earl Carroll's" (Para.) RITZ— (800) (28c-44c) 7 days. Gross: $2,500. (Average, $3,500) "This Thing Called Love" (Col.) SENATOR— (1,800) (28c-39c-55c) 7 days, 3rd week. Gross: $6,700. (Average, $5,000) "Four Mothers" (W. B.) STANLEY — (28c -44c -66c) 7 days. On stage: "La Conga Revue." Gross: $15,000. (Average, $18,000) "Gone With the Wind" (M-G-M) WARNER— (2,000) (28c-39c-55c) 7 days, 3rd week. Gross: $10,000. (Average, $5,000) John Graham Moves John Graham of Movietone News has leased an apartment at 24 Central Park West, from Pease & Elliman, Inc., through Brown, Wheelock, Harris, Stevens, Inc. Gets Puerto Rican Post Hal Winston has been appointed ad- vertising and publicity manager of the Ramos Cobian Circuit, in San Juan, Puerto Rico. 'Story' Holds Strong Pace, Frisco Lead San Francisco, Feb. 13. — Two holdovers set a good pace. "Philadel- phia Story," paired with "Jennie," took $17,500 for the second week at the Fox, and "Kitty Foyle" turned in strong $14,500 at the Golden Gate. The weather was good most of the week. Estimated takings for the week end- ing Feb. 4-7 : "Kitty Foyle" (RKO) GOLDEN GATE— (2,850) (35c-40c-55c) 7 days, 2nd week. Stage: vaudeville. Gross: $14,500. (Average, $15,000) "Philadelphia Story" (M-G-M) "Jennie" (20th-Fox) FOX— (5,000) (15c-35c-40c-50c) 7 days, 2nd week. Gross: $17,500. (Average, $16,000) "Comrade X" (M-G-M) "Romance of the Rio Grande" (ZOth-Fox) ST. FRANCIS— (1,400) (15c-35c-40c-50c) 7 days, 4th week. Gross: $5,000. (Average, $6,000) "This Thing Called Love" (Col.) "Ellery Queen, Master Detective" (Col.) ORPHEUM — (2,440) (15c-35c-40c-50c) 7 days, 4th week. Gross: $7,200. (Average, $8,000) "The Long Voyage Home" (U.A.) UNITED ARTISTS— (1,200) (15c-35c-40c- 55c) 7 days. Gross: $9,500. (Average, $8,000) "Tall, Dark and Handsome" (ZOth-Fox) "Keeping Company" (M-G-M) PARAMOUNT— (2,740) (15c-35c-40c50c) 7 days. Gross: $9,500. (Average, $11,500) "Night Train" (ZOth-Fox) "Maisie Was a Lady" (M-G-M) WARFIELD — (2,680) (15c-35c-40c-50c) 6 days. Gross: $11,500. (Average, $12,000) "Queen of La Scala" (Foreign) CLAY— (400) (15c-35c-45c) 7 days. Gross: $800. (Average, $1,000) 'Chorus' and Show Minneapolis High Minneapolis, Feb. 13. — "Second Chorus," with a stage show headed by the Andrews Sisters at the Or- pheum did a strong $17,000. Estimated takings for the week end- ing Feb. 7 : "Second Chorus" (Para.) ORPHEUM— (2,800) (28c -39c -44c -55c) With Andrews Sisters, Three Stooges, Joe Venu- ti's band on stage. 7 days. Gross, $17,- 000. (Average. $5,500) "The Philadelphia Story" (M-G-M) STATE— (2,300) (28c-39c-44c) 7 days, 2nd week. Gross. $8,500. (Average, $6,000) "The Bank Dick" (Univ.) GOPHER— (998) (28c) 7 days. Gross, $2,300. (Average, $2,500.) "Melody Ranch" (Rep.) MINNESOTA — (4.000) (28c-39c) With "Screwballs of 1941," headlining Jack Powell, on stage. 7 days, gross: $7,500. (Average, $8,500) "The Son of Monte Chisto" (U. A.) CENTURY — (1.600) (28c-44c) 7 days. Gross: $4,000. (Average, $4,000) "The Lilac Domino" (Ind.) 3 days "The Long Voyage Home" (U. A.) 4 days WORLD— (350) (28c-39c-44c-55c) 7 days. Gross: $300 and $1,300, total $1,600. (Aver- age, $1,600) "One Night in the Tropics" (Univ.) "Case of the Black Parrot" (W. B.) ASTER— (900) (15c-28c) 6 days. Gross: $2,500. (Average. $1,600) To Quiz Zanuck in Suit Notice was filed in Federal Court here yesterday that Darryl F. Zanuck, 20th Century-Fox vice-president in charge of production, would be ex- amined before trial next Monday in connection with the suit of Eleanor Harris against the company. She has asked $50,000 damages for alleged im- proper screen credit on the film, "Brigham Young." 8 Motion Picture Daily Friday, February 14, 1941 14-Cent Music Royalty Sought On Canada Sets Ottawa, Feb. 13. — The Copyright Appeals Board yesterday heard appli- cations by the Canadian Performing Rights Society, which controls Ascap music here, for an increase in the broadcast royalty rates from eight to 14 cents per radio set, while Broadcast Music of Canada, Inc., which controls BMI music, demanded four cents of the present eight cents per set. Col. O. M. Biggar, representing the P. R. S., which hitherto has held ex- clusive rights in Canada on radio music royalties, told the board that the increase from the rate set five years ago was being sought because "since 1935 the situation in relation to radio broadcasting throughout the world has changed greatly." Justice MacLean, who presided over the hearing, was told by Biggar that the increase would bring P. R. S. about $100,000 addi- tional revenue this year. Swamped With BMI Music Joseph Sedgwick, representing BMI, declared that the newer organization was entitled to four cents "on the basis of our used and usable repertoire, if the present rate stands." Samuel Rog- ers, representing the Canadian Asso- ciation of Broadcasters, said that be- cause Ascap music had been elim- inated by U. S. networks, Canadian stations were being "swamped with BMI music piped in from the United States." Fear that theatres and other com- mercial users of music might later be- come involved in royalties claimed by BMI was expressed by A. J. Thomp- son, representing the Musical Protec- tive Society of Canada. Arnold Urges Laws On Patent Licenses Washington, Feb. 13. — Legislation prohibiting owners of patents from granting licenses which restrict the amount of any article which may be produced, the price at which it may be sold or the purpose or manner in which it may be used, was suggested to the Temporary National Economic Committee yesterday by Assistant At- torney General Thurman Arnold, as a recommendation which should be made in its final report to Congress. Arnold appeared before the com- mittee at the opening of sessions at which the members of the T. N. E. C. will offer their suggestions for legisla- tion recommendations. Patent legisla- tion, said Arnold, should permit a pat- ent owner to enjoy the full fruits of his monopoly if he elects to retain the exclusive privilege of producing there- under, but if he elects to grant licenses, no restrictions on price, production or use should be permitted. Radio Company Formed Dover, Del., Feb. 13. — The Gibral- tar Service Corp. has been incorpor- ated here to deal in radio broadcasting with a capital of $500,000. Off the Antenna SO great has been the congestion in radio manufacturing plants caused by defense orders that the FCC has been compelled to set back for a year or more the requirement that airport control radios operate on 130 m.c. band. Expected deliveries of ultra high frequency equipment, particularly aircraft receiving equipment, have been delayed by fhe defense program. Under the new order, airports must start operations on the new band between Jan. 1, 1942, and July 1, 1943, depending on the type of airport. • • • Program News: Ralston Purina Co. has extended its NBC-Blue contract four weeks to April 25 for "Tom Mix Straight Shooters" . . . The "Dr. I.Q." show heard Mondays at 9 P.M. over NBC-Red will originate from the stage of the Orpheum Theatre in Seattle, for six weeks beginning Feb. 24 . . . New spot accounts on WHN include Parker Bros.. Mission Bell wines. Packard Motors, and the Roxy. Wise Shoe Co. has signed for participations in the station's "Cinderella" shoiv. • • • WNYC is staging its second annual Music Festival which features American music in all its forms. Among the organizations and guests who will be heard during the series are the Metropolitan Opera Co., League of Composers, Kolisch Quartet, Juilliard School of Music, Deems Taylor, Morton Gould, Philip James, Olin Dowries, American Ballad Singers, Ruggiero Ricci, Abram Chasins, Richard Hale, Benny Goodman, Golden Gate Quartet and Tommy Dorsey. The final program will be heard on Washington's Birthday. • • • Purely Personal: Jesse Thompson, who has handled promotion material on a free lance basis for agencies and others, has joined the NBC-Blue sales promotion staff . . . Dave Driscoll, head of WOR's special events department, and Al Josephy, his assistant, unll compete in a canoe jousting match at the Sportsman's Show tomorrow at 1 :30 P.M. with Tom Slater, of the same staff, describing the show for the benefit of WOR listeners . . . Bert Lee zmll cele- brate five consecutive years of sports broadcasting March 31 when Axton- Fisher Tobacco Co. will start sponsorship of "Today's Baseball" over WHN for 26 weeks . . . Gary Cooper will be among the guests on the Veterans of Foreign Wars 10th Annual broadcast, over the NBC-Blue next Thursday. Arnold Seeks Union Laws; Ascap, U. S. Near Decree (.Continued from page 1) Lt. Gov. Charles Poletti, would have to report back to the Ascap board be- fore final action could be taken. The officials would not comment on the progress of negotiations but indi- cated that opinion is divided whether Ascap is prepared to accept Arnold's ultimatum delivered before the filing of the suit, that all the departments demands be met. No Comment Here Ascap officials here would not com- ment on the progress of the negotia- tions other than to say that the matter was in the hands of their attorneys who were conferring in Washington. Dismissal of the entire publicity staff headed by A. P. Waxman which was hired last summer was confirmed yesterday. This move followed closely the abandonment of the "Ascap on Parade" broadcasts earlier this week. E. C. Mills, Ascap executive, declared that the task of publicizing the fight with the radio industry had been com- pleted and that there was no further need of an extensive publicity staff. Mills declined to elaborate on the dropping of the radio programs and reiterated that the only reason for the discontinuance was that Billy Rose and Oscar Hammerstein, who produced the show, were too busy to continue. Other Ascap sources indicated that the latest moves were prompted_ by a desire to remove any difficulties in the wav of resumption of negotiations with broadcasters. It was also pointed out that if the negotiations were to be long and drawn out, Ascap would have to retrench and that considerable funds could be saved. (Continued from pane 1) that instrumentalists in the American Guild of Musical Artists had obtained an A.F.L. charter. Arnold comment- ed, "They were instantly suppressed by a threat of Petrillo to bar them from radio, from recordings, from concert halls, and from motion pictures if they did not abandon their attempt to es- cape the domination of his union." AGMA was organized several years ago under the charter of the Asso- ciated Actors and Artistes of America to cover instrumentalists, opera sing- ers and others in the concert field. Last autumn, Petrillo declared that unless the instrumentalists joined the union,, he would bar them from the fields mentioned by Arnold. Injunc- tion proceedings were brought but the N. Y. Appellate Division recently dis- missed AGMA's complaint. Two-Men-in-Booth Bill Filed in Conn. New Haven, Feb. 13.— The two- men-in-a-booth bill, defeated for six successive years, has once more been filed in the state legislature bv Senator S. H.Malkan. A games bill filed by Senator Coles, would permit municipalities to retain games for civic, religious and fraternal organizations indefinitely, after voting favorably on games for two successive years. Copyright societies under another bill would be required to pay a license fee to the state of 25 per cent of their entire gross receipts here. Wheeler in New Attack on Films, Radio (Continued from page 1) ly, the lease-lend bill, and the question of our neutrality," Sen. Wheeler as- serted. CBS Makes Denial o CBS promptly denied the charge that it permitted editorializing of the news on its network and declared that it had maintained "a strict impartial- ity" on questions like the lease-lend bill. It was pointed out that oppo- nents of the bill had more time than proponents during the 15 broadcasts thus far devoted to the subject over the network. CBS agreed to furnish Sen. Wheeler with the text of any news broadcasts he desired but added that most of the material came directly from the wires of the three press ser- vices. Frank M. Russell, NBC vice-presi- dent in charge of the Washington of- fice, said that his company has turned over all the information requested by Sen. Wheeler. Mutual officials stated that they had not yet received any communication relating to the subject but that a state- ment would be forthcoming today if the letter arrived. Seek Permits for 2 New FM Stations Washington, Feb. 13. — Construc- tion permits for two FM broadcasting stations have been issued by the Fed- eral Communications Commission, to the Pennsylvania Broadcasting Co., Philadelphia, for a 44-700-kilocycle station to cover 9,300 square miles with a population of 4,500,000, and John Lord Booth, Detroit, for a 44,900-kilocycle station to cover 6,800 square miles with a population of 2,900,000. Applications for three other FM stations were ordered set for hearings, involving a 47,500-kilocycle station ap- plied for by the WBNX Broadcasting Co., Inc., New York, to cover 8,730 square miles; a 47,100-kilocycle sta- tion sought by the Bremer Broadcast- ing Corp., New York, to cover 8,500 square miles ; and a 44,300-kilocycle station proposed by the Outlet Com- pany, Providence, to cover 16,370 square miles. Hearings also were ordered on the applications of Ralph L. Lewis for a new 1,370-kilocycle, 100-watt station at Greensboro, N. C. ; Butler Radio, Inc., for a 1,370-kilocycle, 250-watt station at Tyler, N. C, and Wayne M. Nelson for a 1,380-kilocycle, 1,000- watt daytime station at Concord, N. C, and on the request of Station WJJD, Chicago, for extension of time from limited to unlimited. Settle Flanter Action The suit of Adrian Flanter against the Greater New York Broadcasting Corp. for $4,159 was settled and dis- continued in N. Y. Supreme Court yesterday. Flanter, former manager of the company, claimed he was im- properly discharged in April, 1940, Alert, MOTION PICTURE DAILY ^>L. 49. NO. 32 NEW YORK. U.S.A.. MONDAY. FEBRUARY 17. 1941 Goldwyn Sale j Northwest Allied Of Stock Will Pressins Bm to Re Cash Deal Ban Blocks of 5 Papers Being Drawn for $300,000 Transaction Samuel Goldwyn's deal on the sale of his one-fifth interest in United Artists to the company for $300,000 is on a strictly cash basis, it was learned over the weekend. Final papers are now being drawn by the attorneys representing Gold- wyn and United Artists. Maurice Silverstone, operating head of the company, who has been in Palm Springs with David Selznick, returned to Hollywood on Friday and is ex- pected to leave for New York some time this week. Goldwyn, according to spokesmen, will not rush into any new releasing agreement. He is said to be content to bide his time before entering into another distribution arrangement. Further details of Goldwyn's deal with United Artists are expected to be revealed when the stock disposal deal will be consummated, according to Goldwyn's associates. Alexander Korda is due here late this week with a print of "That Ham- ilton Woman," his latest picture, star- ring Vivien Leigh and Laurence Olivier. NBC, Mutual to Carry F.D.R.'s Awards Talk President Roosevelt's address to the Academy of M.P. Arts and Sciences on the night of the 13th annual awards dinner Feb. 27 will be carried by Mutual and possibly also CBS besides the NBC-Blue network. A 15-minute program which will start at 11:45 P.M. EST will be opened j by Walter Wanger, Academy presi- dent, who will introduce Presi- dent Roosevelt. The President will speak for five minutes and the remaining eight will be divided among two or more other speakers. The President will speak from Washington. Friedman Is Quigley Hollywood Manager Hollywood, Feb. 16. — Martin Quig- ley has announced here the appoint- ment of Leon A. Friedman as man- ager of the Hollywood office of Quigley Publications. Friedman has been an account executive in associa- tion with Eastern advertising agencies, and is experienced in advertising, publicity and promotion. Minneapolis, Feb. 16. — The possibil- ity that Northwest Allied might back- water on its decision to seek a bill in the Minnesota legislature contravening the block-of-five provision of the con- sent decree, was dashed yesterday when the legislative committee deter- mined to go ahead full force witli the bill. Fred Strom, secretary of Northwest Allied, in a statement said the legisla- tive committee, to which the bill was referred at the recent Allied meeting here, had held a number of meetings and considered the question from all angles, then had voted unanimously to seek its passage. His statement said : "The committee was firm and un- alterable in its opinion that the inde- pendent exhibitor, both as it relates to subsequent runs in the Twin Cities and out-of-town situations, manv of them hundreds of miles removed from the Minneapolis exchange center, will be infinitely better off buying an en- tire season's output with a cancella- tion privilege of 20 ner cent, and with no forcing of shorts, than he would be attempting to operate under terms of the consent decree. "There were many other factors which entered into the committee's de- liberations and were given careful con- sideration, and it was the committee's judgment and conclusion that the bill should be vigorously pressed for pas- sage, and should receive the whole- (Continued oil page 6) Buenos Aires, Feb. 16. — Local newspapers have picked up the threads of a pattern by which, it is charged, the Nazis are seeking to influence and eventually to control the motion pic- ture market in Argentina. Bankruptcy claims by Argentine film companies invariably list Agfa de la Argentine, raw stock distribut- ing company, which denies any direct Berlin connection, as the largest cred- itor. Producers seeking backing re- ceive generous support from the Banco Germanico. A circuit operated bj a citizen of Italian extraction is ex- panding with the profits of the ex- hibition of German films, although most of its patrons attend by "invita- tion." These are some of the threads Duals at Matinees, Singles at Night Detroit, Feb. 16. — A policy of double bills in the after- noon and single features at night was decided upon over the weekend by the Fox The- atre here as a result of a pa- tron's poll during the past week. The vote was nearly 5-to-l for singles, on the whole, with afternoon pa- trons favoring duals by about 5-to-l and night cus- tomers voting 10-to-l for singles, the management re- ported. There was a greater attendance of men at night. Boston Complaint Filed by Paulston Boston, Feb. 16. — Paulston. Inc., New England theatre operator, of which Benjamin Gold is general man- ager, on Friday filed a complaint w ith the Boston arbitration board. The complaint charges that the company was unable to get features for some runs. Named as respondents were Paramount, Warners, RKO and 20th Century-Fox. This is the first arbitration action here and is believed to be the fourth complaint filed with the local boards in key cities under the New York case Federal consent decree. Another arbitration complaint has been filed in Chicago by E. F. Van- {Contimicd on page 6) which have been woven into the pat- tern of Nazi infiltration. The attorneys for Agfa on numer- ous occasions have acted on orders from Berlin, it is known, despite the firm's repudiation of official connec- tion. Both Agfa and Siemens Schu- bert, supply house, show amazing readiness to extend most liberal credit to studios. The Argentine Sono Elm is typical of the producing companies which have received large credits from the Banco Germanico. Officials of the bank appear with officers of the film company at all premieres, banquets and social functions, and in newsreels edit- ed by the company the bank officers frequently appear prominently. The (Continued on page 6) First in and Impartial TEN CENTS Court Sees Schine Trial For 'Little 3' U. S. Seeks Information From Companies By JAMES F. SCHRADER Buffalo, Feb. 16. — Federal Judge John Knight over the week- end told Motion Picture Daily that there is a good chance the Gov- ernment's anti-trust suit against Schine Theatres will go to trial, but declined to say when the case may be heard. Judge Knight said he under- stood a consent decree was in prospect, but added that such a decree would not affect all de- fendants in the case. The "Little 3," including Columbia, Universal and United Artists, will remain defendants, while the "Big 5," assentors to the New York case decree, will be dismissed. The calendar in the Federal district court here is crowded at least until April, and court attaches believe that {Continued on page 6) Greek Relief Drive Ready in Theatres Adolph Zukor, Paramount board chairman, and chairman of the Amuse- ment Division of the Greek War Re- lief Association, yesterday officially opened the drive in more than 10,000 theatres throughout the country. W. G. Van Schmus, managing director of the Radio City Music Hall, made the first pledge of cooperation. Film houses have been placed on a direct quota basis by district chair- men, with special show-s to be staged during the w'eek of March 25 to 30. John H. Harris has been named chairman of the exhibitors commit- tee and Gradwell L. Sears is chair- man of the distributors committee. John J. Sullivan, 56, Dies in Los Angeles Los Angeles, Feb. 16. — John J. Sullivan, 56, vice-president and film buyer of National Theatres, died here Friday. He was ill about a year. Funeral services will be held at 9 A. M. tomorrow at St. Paul's Cathe- dral here. Survivors include his wife, two sons and two daughters. Charge Nazis Are Seeking Argentine Film Control 2 Motion Picture Daily Monday, February 17, 1941 51 Story Properties Bought in January Producers during January acquired screen rights to 51 properties, of which 30 were original stories, seven were stage productions and 14 were books. Among the lat- ter were five published magazine stories and one newspaper serial. Highlight purchases of the month were "Panama Hattie," "Charley's Aunt," and Ar- senic and Old Lace." 'Fantasia' Will Open In Detroit Tomorrow Detroit, Feb. 16. — Preparations are completed for the premiere of "Fan- tasia," at the Wilson Theatre here Tuesday night. The Wilson, a legiti- mate house, has been dark most of the time since it was built a decade ago. The local premiere will be a special benefit performance for the Detroit Symphony Society with $5 seats being sold by the Society for the opening. The prices after that will be $1.65 and $1.10 for the evening shows and the Saturday and Sunday matinees while matinees from Monday through Fri- day will be priced at $1.10 and 75 cents including tax. "Fantasia" will open Wednesday at the Apollo in Chicago. It is scheduled to open March 5 at the Geary, San Francisco, and the Fulton, Pittsburgh. Deny New Appeal in Del. Picketing Case Wilmington, Feb. 16.- — -The Dela- ware Supreme Court on Friday denied a motion for reargument of an appeal in the suit of the Rialto Theatre Co. of Wilmington for an injunction against picketing by the operators' union. The Court of Chancery had granted an injunction to the theatre restraining the union from picketing the Rialto but on appeal the decision was reversed in the State Supreme Court and the injunction vacated. The Rialto thereupon sought to re- argue the appeal but permission for such reargument was denied. 20th-Fox Sets 12 Musicals Next Year Hollywood, Feb. 16. — Twelve mu- sicals were slated by 20th Century-Fox on Friday for production for the 1941- '42 season. Eleven were announced as originals, and one will be "Song- and Dance Man," former George M. Cohan vehicle, which will star Jack Oakie. 'Road Show' Tomorrow "Road Show," Hal Roach film re- leased by United Artists, will open at the Rialto on Broadway tomorrow in- stead of Thursday, as originally sched- uled. iiAFETY-SERVIcicONVENIENcfj (Here, you are certain to get the exact in- | predients your physician prescribes, accurately ? | compounded. We maintain extensive stocks of I I domestic and foreign preparations, and they're ! moderately priced. I International Pharmacy, Inc. Complete Drug, Prescription and Cosmetic Depts. j 36 W. 51st St. CI. 6-0575 50 Rockefeller PI. | Personal LUDWIG LAWRENCE, general manager for M-G-M in Europe and North Africa, is due today from Lisbon on the Excambion. e Barney Balaban, president of Paramount, is in Florida. • Lester Isaac, director of sound and projection for Loew's, this week ob- serves his 25th anniversary with the company. • William K. Saxton, Loew's city manager in Baltimore, will spend a week in Freeport, L. I., recovering from a recent operation. • Harry Fishman of Fishman Thea- tres and the Community in Fairfield, Conn., has gone to Miami for six weeks with his family. • Douglas Pratt, Columbia district auditor, is in Des Moines for several weeks from his headquarters in Kansas City. • A. W. Alexander, Altec service engineer of Ashville, N. C, has just celebrated his silver wedding anni- versary. Jersey Allied Names Advisors on Decree Allied of New Jersey has named a committee of five members to act in an advisory capacity to other members who wish to make complaints under the arbitration system of the consent decree. The committee includes : Harry H. Lowenstein, Newark ; Irving Dol- linger, Linden ; George Gold, Newark ; Sam Frank, Hammonton, and Maury Miller, Passaic, chairman. The organi- zation also by resolution condemned the major company practice of making their films available for non-theatrical exhibition, which often is in competi- tion with established theatres. British Benefit at Music Hall Friday A "Carnival for Britain" benefit show will be held at the Radio City Music Hall Friday at midnight with stars of the screen, stage and radio contributing their services. Tickets are priced at $1, $2, $3, $5 and $10. Among the players scheduled to appear are : Gertrude Lawrence, Helen Hayes, Ethel Merman, Bill Robinson, George Burns and Gracie Allen, Joe Cook, William Gaxton, Victor Moore, Olsen and Johnson, Ethel Waters, Peggy Wood, Vera Zorina, Gracie Fields, Anton Dolin, Maurice Evans and George M. Cohan. Conn. Exhibitor Units Meet on Legislation New Haven, Feb. 16.— Allied The- atre Owners of Connecticut will meet here Tuesday, with A. M. Schuman presiding. State legislation will be the chief subject of discussion. A similar discussion meeting was held on Friday by the Connecticut M.P.T.O. Arthur H. Lockwood pre- sided. Mention ALEXANDER KORDA is sched- uled to arrive in New York from the Coast next Friday. • Al Wilkie, Paramount publicity manager, returns tomorrow from Miami. • Mrs. Roger Mahan, wife of the Warner New Haven exchange man- ager, leaves this week for Miami with their son. • Milton Miller of Wilkes-Barre, Pa., is expected here on a visit this week. • William DeMille will address the Lecture Club of Cincinnati to- morrow on Hollywood. • Charlotte McGuigan, secretary to Harry F. Shaw, Loew-Poli man- ager in New Haven, has returned from a trip to Miami. • William C. Dippert of Universale Des Moines exchange was married recently to Elizabeth L. Donnelly. • George Marshall left for Holly- wood over the weekend. $7,000 Verdict in Ermolieff -RKO Suit Los Angeles, Feb. 16. — Ruling RKO had breached a contract with Joseph N. Ermolieff, European pro- ducer, Federal Judge J. F. T. O'Con- nor here on Friday granted a judg- ment for $7,000. Ermolieff had sued for $1,042,000, claiming that the com- pany had broken its promise to have him produce a film. The court dis- missed Ermolieff's request for com- pensation for services allegedly ren- dered as a producer and $20,000 which he said he spent preparing the film. The decision held that he still has the script of "I Solemnly Swear," and that it "has not lessened in value." Bobbins Honored By Ampa Thursday Herman Robbins, president of Na- tional Screen Service, will be hon- ored at the Ampa luncheon meeting at the Hotel Edison on Thursday, at which he will be the principal speaker. The date will mark Rob- bins' 20th anniversary with the com- pany. Maurice Kann will introduce Robbins. On the dais will be execu- tives associated with Robbins for many years. Martha Sleeper Wed Here to Engineer Martha Marie Sleeper, actress, niece of Mr. and Mrs. John J. Mur- dock, was married Friday to Harry Dresser Deutschbein, a construction engineer. The ceremony took place at the Hampshire House with Rev. Jesse William Stitt officiating. The couple left for a honeymoon in Florida and Cuba after the ceremony. Gabin Coming Here Jean Gabin, French actor, was re- ported to have left Marseilles for Hollywood over the weekend. Competition San Francisco, Feb. 16. — Local theatres are getting stiffer competition as a re- sult of the opening of the $1,000,000 Golden Gate Turf Club at Albany, in the east- bay, and the day and night continuous competition of the Roller Derby, skating event held in the mammoth Civic Auditorium. % Haddock Dismissal Ratified by A.G.V. A. At a special meeting held over the weekend, the national board of the American Guild of Variety Artists ratified its dismissal of Hoyt Had- dock as executive secretary, and ac- cepted the resignation of Dewey Barto as president of the union. The action followed a stormy meet- ing of the board of the Associated Actors and Artistes of America, the parent body, when it was decided to place an executive committee in charge of AGVA affairs for 60 days, after which an election will be held for new officers. Members of the executive commit- tee appointed by the 4-A, however, made it clear over the weekend that they did not intend to take over ac- tive charge of the union. The AGVA national board will continue in exis- tence _ with the executive committee exercising only veto power if neces- sary. Barto's resignation was said to be necessary to eliminate factional- ism in the union for the time being and to prevent criticism that execu- tive committee favors one group against the other. The executive committee consists of Jean Greenfield of the Hebrew Actors Union, chairman; Ruth Rich- mond, representing Chorus Equity ; Walter Greaza, Actors Equity; Florence Marston, Screen Actors Guild, and Emily Holt, American Federation of Radio Artists. Fred Jordan Dies Somers, N. Y., Feb. 16. — Fred Jor- dan, 60, press representative for Os- car Hammerstein for many years, died here Friday night. More recently he represented the Shuberts, and at vari- ous times handled publicity for Olga Petrova, Fanny Ward and others. MOTION PICTURE DAILY (Registered U. S. Patent Office) Published daily except Saturday, Sunday and holidays by Quigley Publishing Company, Inc., 1270 Sixth Avenue, Rockefeller Center, New York City. Telephone Circle 7-3100. Cable address. "Quigpubco, New York." Mar- tin Quigley, Editor-in-Chief and Publisher: Colvin Brown, Vice-President and General Manager; Watterson R. Rothacker, Vice- President; Sam Shain, Editor; Alfred L. Finestone, Managing Editor; James A. Cron, Advertising Manager; Chicago Bureau. 624 South Michigan Avenue, C. B. O'Neill. Manager; Hollywood Bureau. Postal Union Life Building, William R. Weaver, Editor; London Bureau, 4 Golden Square, London Wl, Hope Williams, Manager, cable address "Quigpubco, London." All contents copy- righted 1941 by Quigley Publishing Com- pany, Inc. Other Quigley publications: Motion Picture Herald, Better Theatres, International Motion Picture Almanac and Fame. Entered as second class matter. Sept. 23. 1938. at the post office at New York, N. Y., under the act of March 3. 1879. Subscription rates per year $6 in the Americas and $12 foreign. Single copies 10c. ! Monday, February 17, 1941 Motion Picture Daily 3 Feature Review "Blonde Inspiration" {M-G-M) 'TP HIS appears to have been produced as a training- film for some -»• of the M-G-M studio's promising youngsters, of whom two, John Shelton and Virginia Grey, have the leads. The two give every evidence of ability and screen personality, especially in view of the fact that they were able to register in spite of most inept material. The story, based on "an original play" by John Cecil Holm, is con- cerned with the effort of a young man, burning with the literary fire, to make his way by writing for a Western pulp magazine, his entangle- ment with the pair of crooks who operate it, and his romance with Miss Grey, secretary to the two men. The boy learns his lesson by experience, after almost losing $2,000 his uncle had given him without the knowledge of his "business-woman" aunt, and love, we are informed, apparently conquers all. Such stalwart and able performers over the years as Charles Butter- worth and Donald Meek, are in the supporting cast, and they work hard, but they have little with which to work. B. P. Fineman produced, and Busby Berkeley directed this film, which might have some interest for younger patrons in double bill situations. Running time, 72 minutes. "G."* Charles S. Aaronson *"G" denotes general classification. Short Subject Reviews Norway's Boycott of Films Angers Nazis Washington, Feb. 16. — "Unenlight- ened" Norwegians are boycotting Nazi films so enthusiastically that the Ger- man authorities in Norway have warned that other taxes will have to be increased unless the revenue from motion picture theatres improves, it ^as disclosed here by the Norwegian j ^jbvernment's press representative, v Reports disclose that citizens of Stavenger, Trondheim and Lilleham- mer have for weeks refused to attend local theatres, while in other towns audiences have been so unruly that the Nazi regime has issued a code of be- havior and, in the Oslo district, ordered that three uniformed police- men be stationed in every theatre to preserve order. The German-dictated "code" for Norwegians prohibits laughter, ap- plause at the wrong place in a film, stamping of feet, whistling, coughing I and even clearing of the throat. By some oversight, the Norwegian repre- sentative here pointed out, there is no ban on sneezing. Norwegian theatres now show- mostly "enlightenment" films, it was said, and in the effort to attract audi- ences at least one Oslo house is adver- tising a full hour of variety turns in addition to the picture at no advance in admissions. Delaware Exhibitors Name Defense Group Harrington, Del., Feb. 16. — The Independent M. P. T. O. of Delaware and the Eastern Shore of Maryland has appointed a committee for national defense. The committee comprises : A. Joseph DeFiore, chairman ; Mayor Edward C. Evans and Herman Hand- loff. DeFiore is a member of the Delaware State defense commission. A pledge to cooperate with the com- mittee in promoting the spirit of patri- otism among American citizens, in supporting the movement for national unity, and in assisting in the national plan for arming America, was signed by each of the independent theatre men. Continuing Sunday Pictures in Halifax Halifax, N. S., Feb. 16. — Sunday programs at the Capitol here will be continued "until further notice" ac- cording to the committee in charge. Capacity attendance has prevailed at the shows, but there is no indication of the plan affecting any other house than the Capitol. Whether the gross has been equal- ing the overhead has not been dis- closed by the committee. There is no charge for the theatre use, the outlay being for rental of one feature picture, one or two reels of shorts, and wages for the operators and other Capitol employes. Rochester Union Elects Rochester, Feb. 16. — Officers of the new local union for front of the house employes, recently organized in down- town theatres, are : Harry Lemeraux, Palace, president; Edward Reynolds, Regent, vice-president; Millie Garri- son, Palace, treasurer, and Mary Fink, Loew's, secretary. "More About Nostrada- mus" {M-G-M) The prophesies of the French seer of the 16th century are dramatized by Carey Wilson in a dynamic se- quel to the original "Nostradamus" of two years ago. The film first depicts dramatically the death of a nobleman who desecrated Nostra- damus' tomb, just as predicted. It then follows Nostradamus' book of predictions, "Prophetic Centuries," and depicts how they are borne out in such historical developments as Britain's defeat of the Spanish armada, the World War and various episodes in the second World War. Nostradamus also wrote of the U. S. entry into the present war and of a vanquished German nation. The effect is start- ling. Running time, 11 minutes. "Red Men on Parade** {M-G-M) In this instance James A. Fitz- patrick's color camera is focused on activities at the American Indian Inter-Tribal meeting at Gallup, N. M., at which the various tribes of the continent in colorful regalia vie for awards for dancing, games and arts and crafts. It is an interesting travel- ogue, but the subject matter is not un- usual. Running time, 9 minutes. "Whispers" {M-G-M) As diversified as any subject in John Nesbitt's "Passing Parade," this concerns gossip and how that method of spreading rumor and personal con- viction is utilized, legally and other- wise. It holds the interest through- out. The chief case illustrated has to do with agents employed by owners of slum tenements to condemn in the public's mind the personal character of an honest proponent of a housing development, thus defeating his plan. Running time, 10 minutes. "Third Dimensional Murder" {M-G-M) Here is another of the very amus- ing third-dimensional subjects known as Metroscopics which M-G-M in- troduced recently. The illusion of depth is created when patrons look upon the screen through colored lenses. The result is extremely effec- tive. A Pete Smith special, this has a man summoned to a mysterious house, where he meets a witch, the Green Archer, Frankenstein and others. The witch's spider, the arch- er's arrow and such are thrown at the man and actually appear to leave the screen and land on the audience. Running time, 7 minutes. "March of Time, No. 7" {RKO) Subtitled "Americans All !" the lat- est March of Time issue emphasizes the fact that the United States is still the great melting pot, and that the cultures of many lands and many peo- ples helped make this country what it is today. The reel attempts to show in brief incidents the contributions which each class of immigrants has made and, in the case of some nationalities, the sub- versive groups among them. Prima- rily, however, the subject is a plea for tolerance and understanding of the aliens and former aliens in our midst. Running time, 18 mins. "Quiz Biz" {M-G-M) Again Pete Smith offers his screen queries to audiences in an entertain- ing fashion. The object which the question concerns is first seen, such as an onion being peeled, and ■ then the question is flashed on the screen. Running time, 9 minutes. Mexico Producing Resumes; 'Strike' Against Union Ends Mexico City, Feb. 16. — Peace has come to the troubled affairs of the pro- ducers and labor unions in Mexico, in an agreement reached between the Mexican Picture Producers Associa- tion and Enrique Solis, secretary gen- eral of the producers section of the National Cinematographic Workers Union. The settlement ends the "strike" of producers in protest against what has been called Solis' policy of placing ob- stacles in the way of production. The producers' "strike" lasted for 70 days. Alfonso Tello, producer whose diffi- culties with Solis helped to precipitate the fight, has quit production. Apparently amicable relations have been restored between the two fac- tions. Solis is understood to have agreed to permit the producers to se- lect their own sound engineers and other technicians. Solis also has lifted the strike he called against Jesus Grovas because the latter refused to employ four additional employes at Solis' order. The agreement calls for the organization of the sound engi- neers in Mexico in two groups. On another front of the Mexican film scene, an organization calling itself the National Party for Admin- istrative Purification has attacked Vin- cente Toledano, chief of the Confed- eration of Mexican Workers, for forc- ing exhibitors to pay exorbitant sal- aries. Theatre employes' salaries are compared with those in the army in paid newspaper advertisements, indi- cating, for example, that a projection- ist receives only 60 cents less daily than a division general, highest rank- ing officer in the Mexican army. Mexico Assisting Legitimate Theatre Mexico City, Feb. 16. — Legitimate theatre men here are much encouraged by aid the Municipal Government has given them in the form of rescinding the new theatre taxes of 7 per cent to 14 per cent on gross and allowing the 1940 tax rates to continue, and the creation by the Federal Government of a council to help the theatre by stimulating greater interest in it. The theatre men had told the city Government that if the higher taxes were put into effect, they would be driven out of business. The Federal Government organized the aid com- mittee when the stage people assured it that something must be done to help the theatre. The council is to work until next Jan. 31 and is preparing a big program to assist the theatre. 'U' Officials Appeal An appeal was filed Friday from an order requiring the appearance of 10 Universal officials for examination before trial in the suit brought by Samuel I. Posen, against Universal and affiliated companies. $1.50 Eastman Dividends Rochester, Feb. 16. — The board of directors of Eastman Kodak has voted dividends of $1.50 per share on com- mon and preferred stock. The quarter- ly payments will be made April 1. AMERICA'S To the millions who loved her as the imp* ish little 'smart girl' ♦ ♦ ♦ now add the mil- lions more who will adore her as the screen's most beauti* ful, most talented actress ♦ ♦ ♦ in a ro- mantic role that makes her sparkle like new wine ♦ . ♦ J BOXOFFICES WILL CHEER the new, charmingly "misbehavin DEANNA DURBIN with her grandest cast FRANCHOT TONE Walter BRENNAN • Robert STACK Robert BENCHLEY • Helen broderick Ann Gillis • Anne Gwynne • Elisabeth Risdon • Nana Bryant Screen Play by Richard Connell and Gladys Lehman Based on the play "Nice Girl" by Phyllis Duganne 6 Motion Picture daily Monday. February 17, 1941 Schaefer Declares RKO Weathered Severe Crisis Without Borrowing Hollywood, Feb. 16.— Here working on plans for the RKO 1941-'42 program, George J. Schaefer, president, said on Friday the com- pany had weathered one of the most severe crises in the history of the industry without borrowing from the banks. "This has been effected," he said, "despite the loss of certain foreign markets, reduction in foreign currencies and serious restrictions on the flow of foreign funds to New York." Optimistic over the coming year, he cited "Kitty Foyle" and "Mr. and Mrs. Smith" as among RKO's biggest grossers. Charge Nazis Are Seeking Argentine Film Control Northwest Allied Pressing Bill to Ban Blocks of 5 I Court Sees Schine Trial For 'Little 3' (.Continued from page 1) the Schine case could hardly receive attention until after that time. Credence that the case will proceed against the "Little 3" was added when U. S. Attorney George L. Grobe on Friday filed additional interrogatories in the district court here, naming, with Schine Chain Theatres, Inc., United Artists Corp., Universal Film Exchanges, Inc., Universal Pictures Co., Inc., and Columbia Pictures Corp. The interrogatories are identical in each instance. All ask the distribu- tors to give dates of their incorpora- tion, the states in which they are in- corporated and the purpose for which the corporations were formed. The U. S. Attorney also seeks loca- tions of the principal distributor ex- ecutive and branch offices from which the theatres located in any "Schine towns" are served. The distributors are also asked to name the places where feature prints are developed, their means of transportation to Schine houses and whether or not such prints move across state lines in the course of their transportation. The Government also asks the dis- tributors to name their managers, their duties and authorities, and to list their film salesmen and their duties. An additional 100 or more questions are asked under the heading of "dis- tribution activities." Ohio Ticket Levy Cut Is Proposed Columbus, Feb. 16. — Among 389 new proposals introduced in the Ohio legislature in a single day last week, in order to beat the deadline for filing, one seeks to reduce the retail sales tax from three to two percent, and an- other seeks a like reduction in the ad- mission tax. Earlier in the session, a bill was introduced to eliminate newsreels from censorship, and one to bring theatres showing televised pictures under the jurisdiction of the Department of Workshops and Factories. Possession or showing of obscene motion pictures would be a felony under another bill introduced. (Continued from page 1) film company has made a propaganda film for the German Condor air line. Films depicting activities in the German}' of today had no satisfactory exhibition outlet until recently. Now there is at least one house available and a distribution company in the off- ing. When the Cineac opened, Nich- olas Di Fiore, the owner, who is a naturalized citizen of Italian extrac- tion, announced exclusive showings of a Ufa newsreel, obtained from the German Embassy here. Nazi organizations in the guise of charitable or cultural societies organ- ize private showings on Sunday morn- ings of German features and short subjects. Well known social and political figures are invited, as well as Germans with relatives in Ger- many. The subjects for the most part are propaganda films, which are claimed to have entered the country without duty through diplomatic channels. Recently it was reported that Hans Biester, representing Ufa and Tobis, leading German companies, is due here to direct distribution of German fea- tures, with power to coordinate all activities in that direction. 'Streef Is $15,000 Winner in Baltimore Baltimore, Feb. 16. — In a week of generally good grosses, "Back Street" at Keith's took $15,000, and the third week of "Gone With the Wind" at the Century brought $13,000. Estimated takings for the week end- ing Feb. 13 : "Gone With the Wind" (M-G-M) CENTURY— (3.000) (40c-55c) 7 davs. 3rd week. Gross: $13,000. (Average $10,000) "Back Street" (Univ.) KEITH'S— (2,406) (15c-2Sc-33c-44c) 7 days. Gross: $15,000. (Average $9,000) "Maisie Was A Lady" (M-G-M) NEW— (1,581) (15c-28c-35c-55c) 7 days. 2nd week. Gross: $6,000. (Average $7,000) "High Sierra" (W.B.) STANLEY— (3.280) (15c-28c-39c-44c-55c) 7 davs. Gross: $14,000. (Average $12,000) "Convoy" (RKO) HIPPODROME— (2.205) (15c-28c-39c-44c- 55c-66c) 7 days. On stage, re%yue titled "Funzafire" featuring Bennv Meroff and Orchestra. Gross: $13,500. (Average $14,000) Bibermans Adopt Child Madison, Wis., Feb. 16. — Prof. Hans T. Sondereaard of this city has announced the adoption of a six-week- old daughter by his actress daughter. Gale Sondergaard, and her husband. Albert Biberman of Hollywood. Miss Sondergaard and her husband visited Madison during January and selected the child from a midwest foundling home. (Continued from page 1) hearted support and endorsement of every independent exhibitor in the Northwest, whether affiliated with Al- lied or not." Especially careful study, it vf^ pointed out, was made of the cot- merce and due process clauses of ffie state constitution to make sure the bill would not strike a snag on these pro- visions. May Act Elsewhere Harold Field is head of the legisla- tive committee. His group will pro- proceed at once, N.W. Allied reported, preparing the actual bill and lining up its actual presentation in the legisla- ture. A companion bill is expected to be pressed through other nearby state legislatures. Strom's announcement was made after the return of E. L. Peaslee, Xorthwest Allied president, from the national Allied meeting in Washington and a subsequent tour of Eastern points to sound out views of indepen- dents. (Continued from page 1) derveer, owner of the State Theatre, Morris, 111., who charges that Loew's arbitrarily refuses to license second run films to him. The complaint also named the Morris and Times theatres in Morris, which are units of the Anderson circuit. A hearing is ex- pected to be held before an arbitrator in Chicago within 30 days. Detroit Exhibitors Confer with A.A-A Detroit, Feb. 16. — Some problems facing exhibitors in this area have been discussed by exhibitor representa- tives with the local office of the Amer- ican Arbitration Association. The the- atre men were given an explanation of their rights under the Federal consent decree. No arbitration complaints have been filed here as yet, however, and the exhibitor representatives did not indicate at the conference whether any would be brought. 'Story' at $5,000 Leads New Haven New Haven, Feb. 16. — The second week of "Philadelphia Story" and "Saint in Palm Springs" at the Col- lege drew $5,000. "Back Street" and "The Invisible Woman" took $6,800 at the Roger Sherman, up by $1,800. Estimated takings for the week end- ing Feb. 13 : "Philadelphia Stcry" (M-G-M) "Saint in Palm Springs" (RKO) COLLEGE— (1,499) (39c-50c) 7 davs. 2nd week. Gross: $5,000. (Average, $2,700) "This Thing Called Love" (Col.) "Nobody'3 Children" (Col.) LOEW-POLI— (3.040) (39c-50c) 7 davs. Gross: S6.500. (Average. $8,000) "Ycn're the One" (Para.) "Sari Francisco Docks" (Univ.) PARAMOUNT— (2.348) (39-50c) 7 days. Gross: $5,000. (Average. $4,000) "Bock Street" (Univ.) "The Invisible Woman" (Univ.) ROGER SHERMAN— (2.200) (39c-50c) 7 days. Gross: $6,800. (Average, $5,000) A * M * P * A cordially invites all in the motion picture industry to attend a luncheon at which our speaker will be HERMAN ROBBINS President, National Screen Service and Affiliated Companies ROASTMASTER: "RID" KANN Editor "Boxoffice" SONGS BY CYNIA CRAY Please Be Prompt — We Start Serving 12:45 Precisely THURSDAY, FEBRUARY 20 SUN ROOM-HOTEL EDISON Tickets $1.25 Including Tip — Ladies Welcome Don't forget to save Friday night, April 4 AMPA SILVER JUBILEE — BENEFIT AMPA RELIEF FUND! Boston Complaint Filed by Paulston MOST ADVANCED TEXTBOOK ON SOUND REPRODUCTION AND PROJECTION # You will find this newly re- vised edition the most com- plete and practical treatise of its kind and a sure solution to the perplexing problems of pro- jection room routine. The book is supplemented with a comprehensive group of TROUBLE- SHOOTING CHARTS to help meet every possible emergency in the pro- jection room. It also includes a lightning-fast index system al- phabetically arranged for swift easy reference. 2nd Revision F. H. Richardson's BLUEBOOK of PROJECTION SIXTH EDITION— SUPPLEMENTED WITH SOUND TROUBLE CHARTS and ALPHABETICAL INDEX Over 700 pages. The only practical guide to good projection and quick trouble-shooting. ORDER TODAY • $7.25 POSTPAID QUICLEY BOOKSHOP ROCKEFELLER CENTER • NEW YORK CITY 8 Motion Picture Daily Monday, February 17, 1941 Off the Antenna INCREASED rural coverage by the Canadian Broadcasting Corp. is ex- pected as the result of the opening of a new short wave station at Ver- cheres, Que., recently. At present the station, CBFW, is operating with a vertical, non-directional antenna but after the tests are completed a directional antenna is expected to result in even greater coverage in sparsely settled areas. • • • Purely Personal: Ma>j. Leonard Nason, IVOR military analyst, has been called to active service at Fort Benming, Ga. . . . Jean-ette MacDonald will be co-starred with Gene Raymond on the "Campbell Playhouse" over CBS Friday at 9:30 P.M. . . . WHN will start a transcribed series, "UP News Is Ov> the Air," tonight at 8, and it will be heard Mondays weekly thereafter. Rush Hughes will handle the pi'ograins. . . . Edward J. Content, assistant chief en- gineer at IVOR, will preside at the FM roundtable at the Broadcast Engineer- ing Conference, Columbus, O., Thursday and Friday. . . . Dick Powell plans to join Joan Blondell on the "I Want a Divorce" series over Mutual but no date has been set. • • • With its television program schedule reduced to a bare minimum, NBC's schedule for this week includes only the wrestling bouts from Ja- maica Arena Friday night and the National A.A.U. track championships Saturday night. Five hours of test patterns will be telecast on those days. • • • Around the Country: Backstage broadcasts from the Stanley Theatre, Pittsburgh, have been started over WWSW Fridays. The station also broad- casts a show from the Enright Theatre on Saturdays. Both houses are War- ner theatres. . . . WITH, Baltimore, zuhich is scheduled to start operations March 1, plans to operate on a 24-hour day. . . . Madelinn Chace, former free lance publicity writer in Chicago, has joined WSB, Atlanta, as assistant pub- licity director. . . . WFIL, Philadelphia, will have its FM transmitter ready to go on the air by May 1, according to Roger W. Clipp, general manager. Theatre Changes Lindy on Fred Allen Program Wednesday Lindy, the famous res- taurant man, whose Broad- way restaurants are known around the world, will be a guest on Fred Allen's radio program on CBS at 9 P. M. Wednesday. One of the most colorful characters on Broad- way, Lindy is expected to tell about some of the personali- ties who frequent his estab- lishments. IRNA Chief Denies Wheeler's Charges Philadelphia, Feb. 16. — Samuel Rosenbaum, chairman of the Indepen- dent Radio Network Affiliates and president of WFIL here, over the weekend issued a statement denying allegations of Senator Burton K. Wheeler that news programs and com- mentators on the radio are biased in favor of Britain, in connection with the lease-lend bill. Saying that the Senator was "not correctly informed," Rosenbaum de- clared that network affiliated stations had no editorial policy and did not color the news, but presented both sides of every controversial issue. "It may be that there is an over- whelming current of public opinion running one way or another," he said, "but we did not create it. Each lis- tener draws his own conclusion. It would be a calamity if it were other- wise. We want to preserve freedom in radio from unwarranted censorship or coercion." Canadian Royalties Decision Due Soon Ottawa, Feb. 16. — Problems affect- ing Canadian broadcasting royalties, arising from the attempted entry of Broadcast Music of Canada, Inc., in the field controlled exclusively since 1925 by the Canadian Performing Rights Society, rest today with the three-member Copyright Appeals Board. A decision is expected in two or three weeks. The board, headed bv Justice A. K. MacLean, adjourned Thursday night to consider applications by the 15- year-old societv for an increase in roy- alty rates to 14 cents a set and by BMI for a 50 per cent share of the present 8-cent rate, which was estab- lished in 1935. Bill Asks Mexican Stations for Hour Mexico City, Feb. 16. — A bill re- quiring all radio stations in Mexico to donate one hour daily to the Gov- ernment for the broadcasting of offi- cial news and other Government in- formation and popular Mexican music and songs, is to be considered during the extraordinary session of the legis- lature which has just opened. Radio men are opposing this bill, saying that their income is not very great and their taxes are high. Jean Parker Married San Diego, Cal., Feb. 16. — Jean Parker was married here on Friday to H. Dawson Sanders, a radio an- nouncer. Open Columbus House Columbus, O., Feb. 16. — The new Beechwold, built by the late Clarence A. MacDonald, as one of the suburban units in his local circuit, has opened. The house recently was taken over by Louis Wiethe, Cincinnati, who also has acquired two other MacDonald houses. Mailers Acquires Theatre Fort Wayne, Ind., Feb. 16. — Peter Mailers, local exhibitor, has assumed operation of the Riley here, acquiring it from the Quimby circuit. Take Pittsburgh House Pittsburg, Feb. 16. — Warners have taken over operation of the New Oakland Theatre from Lou Gilbert, who is expected to go to Florida, and placed Al Skigan in charge. Warners recently also took over the Princess in Donora. Deals Closed by Altec The following theatres have con- tracted for Altec service : Lake, Buf- falo ; Robin, Robbinsdale ; Granite, Granite Falls ; Falls and Camden, Minneapolis, all in Minnesota ; Star, Stanley, N. D. ; College, Brookings, S. D., and the Plaza, Potosi, Md. Tibbetts Boston Assistant Boston, Feb. 16. — James Tibbetts, treasurer of Loew's Orpheum here, has been promoted to assistant man- ager of the State, replacing Edmund Howard, resigned. Club to Hear Lecture Members of the Warner Club will be guests of the Paramount Educa- tional Committee at a lecture at the Paramount home office tomorrow at which Dr. Josef Ranald will discuss his interview with Adolf Hitler. Wiethe Acquires New House Columbus, O., Feb. 16. — Louis Wiethe, who recently took over the Beechwold and Cleves, local neigh- borhood units in the circuit operated by the late Clarence A. MacDonald, now has acquired the Ada, at Ada, O., also of the MacDonald group. Wiethe operates the Bond, Roselawn and Westwood, Cincinnati suburbans, and the Kentucky, at Latonia, Ky. Reopen House in Cleveland Cleveland, Feb. 16. — Warners' Lake Theatre, which closed here last Spring after a brief time as Cleve- land's only first run double feature house, has reopened with a policy of foreign pictures. The house has been subleased from Warners by Branrep, Inc., of New York. Louis C. Levine is manager. Mass. Theatre Nearly Ready Uxbridge, Mass., Feb. 16. — Con- struction of the Cameo Theatre, seat- ing 550, is nearing completion, and the opening is expected next month. M. Nathan Wisner, manager and owner of the Bijou Theater," is in charge. Quits Minneapolis House Minneapolis, Feb. 16. — Livingston Lanning, brought from Milwaukee to become manager of the Minnesota here, has resigned. The house is in temporary charge of Earl Tetting, press and advertising manager. Shea to General Motors Joseph Shea has joined the public relations department of the motion pic- ture division of General Motors and will spend several weeks in their plant cities establishing exhibitor contacts for defense film showings. Mexico Composers Protest Low Royalty Mexico City, Feb. 16.— Complaints have been made by the Mexican Composers Union that certain radio sta- tions are paying its members a paltry sum as royalties for even some of their best and most popular songs. The union says that some stations pay the composers only 45 centavos per song. The union charges that the big stations have set this low rate and that they are so strong that they can do as they please. Coast FM Station Sought by Metro Washington, Feb. 16. — M-G-M has filed an application with the FCC for a construction permit for an FM sta- tion in Los Angeles. The frequency requested is the 45,500 k.c. channel for a transmitter to cover 7,060 square miles with a population of 2,467,178. Herbert L. Pettey, WHN director, who prepared the Los Angeles appli- cation, explained over the weekend that M-G-M had no specific plans in connection with the station. Pettey declared that the station would be used, in part, to further M-G-M inter- ests on the Coast but that no direct tie with the studio there is planned. M-G-M, which operates WHN, already had received a construction permit for a New York FM station. Ask Approval for New Local Station Washington, Feb. 16. — Yankee Broadcasting Co., Inc., has submitted to the Federal Communications Com- mission an application for a new 620- kilocycle, 1,000-watt station at New York, and Mosby's, Inc., has asked for a 1,200-kilocycle, 250-watt station at Anaconda, Mont. Applications coming in to the com- mission also included the requests of Stations KINY, Juneau, Alaska, for increase of power from 1,000 to 5,000 watts, and WSYB, Rutland, Vt, for change of frequency from 1,500 to 1,350 kilocycles and increase of power from 250 to 1,000 watts. Kibbee Addresses Solons Montpelier, Vt., Feb. 16. — Guy Kibbee addressed the state senate and house here on Friday, following the opening of "Scattergood Baines," in which he appears, at the Capital here Thursday night. He was introduced by Gov. William H. Wills. Welles Rehearses Play Orson Welles has begun rehearsals for his next Broadway play, "Native Son," based on the book by Paul Green and Richard Wright. It will open within four weeks. Fay Courtney Dead Mrs. Fay Courtney MacNicol died Friday at her home here. With her sister, Florence, she formerly was in vaudeville in an act known as the "Courtney Sisters." Alert, InteHlgei atfy to the^I gtion Picture Industry MOTION PICTURE DAILY First In FWtn-ar r j j Accural and Impartial 49. NO. 33 NEW YORK, U.S.A., TUESDAY, FEBRUARY 18, 1941 TEN CENTS London Office Of M-P.P.D.A. Is Destroyed All Records Are Lost in Fire Sunday Night London, Feb. 17. — The office and all records of Fayette W. All- port, representative in London for the Motion Picture Producers and Distributors of America, were com- pletely destroyed last night in a fire which swept the building hous- ing the offices. Meanwhile the committee representing the Cinemato- graph Exhibitors Association and the Kinematograph Rent- ers Society (distributors) deal- ing with exhibitor problems due to the war, has agreed on a procedure for the relief of ex- hibitors in bombed areas. The K.R.S. has promised sympa- thetic consideration of all cases, but (Continued on page 7) Seven Big Features Are Set by 20th-Fox Twentieth Century-Fox plans to re- lease seven important features between the beginning of March and Spring, starting with "Tobacco Road," to be released on March 7, followed by "The Outlaw," Howard Hughes film, on March 21. Other major films to be released later include : "That Night in Rio," (Continued on page 7) Broadway Theatres Have Good Weekend Business was good at most Broad- way first runs over the weekend, and at the Rivoli, Music Hall and Roxy was well above average. At the Music Hall, "This Thing Called Love" with a stage show grossed an estimated $55,000 Thurs- day through Sunday. "Back Street" (Continued on page 7) Reviewed Today Hollywood reviews of "Adam Had Four Sons" and "Golden Hoofs" and a New Yoik review of "The Devil Commands" will be found on Page 3. Wheeler Charge Denied by F. C. C. Washington, Feb. 17.— The belief of Senator Burton K. Wheeler that radio commen- tators have engaged in exten- sive propaganda for the aid- Britain bill does not appear to be shared by the general public, it was indicated today at the Federal Communica- tions Commission. Officials said there has been no flood of protests against the news broadcasts, which Senator Wheeler is investigat- ing and on which, last week, he asked for information from the networks. Ascap Decision on Decree Due Today Ascap's board of directors is sched- uled to decide on acceptance or re- jection of a Federal consent decree at a meeting to be held here today, cul- minating several weeks' negotiations with the Department of Justice. [There were reports last night that the Ascap board had agreed on a decree, with a com- promise providing that in- dividual song writers may make separate deals for their music with the broadcasters and other users, but that Ascap will continue to collect the fees. Ascap officials could not be reached for comment.] The Ascap board met yesterday and heard a report of the final negotiations (Continued on page 6) Schaefer Takes Complete Charge Of RKO Studio Hollywood, Feb. 17. — George J. Schaefer, president of RKO, to- night announced that he will take complete charge of RKO studio operations and that he will remain here indefinitely. He also an- nounced that J. J. Nolan will be his assistant at the studio. RKO has set a tentative schedule of 35 top bracket features for its 1941-'42 program, Schaefer disclosed earlier, rather than the 40 pictures which he said last December were contemplated for next season. In addition, RKO will have a pro- gram of westerns and short subjects, Schaefer said. Ned E. Depinet, vice-president in charge of distribution, arrived today at the studio for conferences with Schaefer and production executives on the 1941-'42 program. Col. Program to Be Announced April 1 Chicago, Feb. 17. — Columbia will have its il941-'42 product program ready for announcement to the trade about April 1, Abe Montague, general sales manager of the company, said here today while passing through en route to New York from Hollywood. Leo Jaffe, assistant to Abe Schneider, Columbia treasurer, accompanied Montague. Printing Trades Plan to Ask For Radio Ownership Limit Miami, Feb. 17. — Following an attack on radio here today by the International Printing Trades Association, it was disclosed that a special committee of the association will meet Monday in Washington to decide whether to ask the FCC for station ownership limitation. The association today discussed a proposal that the ownership restric- tions imposed by the Government on television be extended to standard and FM stations. Ownership of television outlets is now limited to three in any group. In addition, the committee will dis- cuss a suggestion that it ask the FCC to limit station ownership to persons living in the vicinity of the station concerned. It would base that request upon the claim that "it would best serve the public interests." Earlier today, John B. Haggerty, chairman of the association's board of governors, announced a plan to urge Congress to impose additional taxes on broadcasting companies and to re- strict their advertising activities. Haggerty, A.F.L. leader, said print- ing trades in this country have lost 25,000 jobs because of diversion of advertising from printed media to radio. Tonight I.P.T.A. officials indicated (Continued on page 6) Contracts of 'Little 3' Are Called Illegal No Monopoly Charged in Amended U.S. Complaint The Government does not charge the "Little Three" with monopoly in its amended complaint in the New York anti-trust suit but con- tends that their exhibition contracts are illegal and constitute restraint of trade in violation of the anti- trust laws. George L. Wright, Assistant U. S. Attorney General, so told the Federal district court here yesterday in opposing the mo- tions of the "Little Three" for dis- missal of the amended complaint. Federal Judge Henry W. God- dard denied the motions to dis- miss following the hearing, as- serting: "I am convinced there are issues here for trial." The court gave the three defend- ants, Columbia, United Artists and Universal, to March 10 to file answers to the Govern- ment's complaint. A similar motion to dismiss the amended complaint against the three companies in the Government's ac- tion against Crescent Amusement Co. will be argued in Federal court at (Continued on page 7) Freeman Reelected Head of Producers Hollywood, Feb. 17. — Y. Frank Freeman was reelected president of the Association of Motion Picture Pro- ducers for the second year at a di- rectors' meeting today, held on the 17th anniversary of the founding of the organization. Also reelected were E. J. Mannix, first vice-president ; Cliff Work, sec- (Continued on page 7) Army Officials See Paramount Picture Washington, Feb. 17. — War De- partment offcials tonight attended a screening at the National Archives building here of Paramount's "I Wanted Wings," in the making of which the Government cooperated. Robert M. Gillham, Paramount ad- vertising and publicity director, and other home office representatives came here for the screening. 2 Motion Picture Daily Tuesday, February 18, 1941 Coast Gambol to Raffle F. D. R.'s Hat Hollywood, Feb. 17.— Presi- dent Roosevelt's famous hat which he wore during three Presidental campaigns will be raffled, with proceeds go- ing to the Motion Picture Re- lief Fund, at the second an- nual "Gambol of Stars" to be held March 17 at the Ambas- sador Hotel here by the Screen Actors Guild and the American Federation of Radio Actors. The committee in- cludes Edward Arnold, chair- man; Ken Carpenter, I. B. Kornblum and Kenneth Thom- son. Theatre Committee Is Named for Drive Joseph R. Vogel, division chairman of the Amusement Industry Division of the Greek War Relief Association, has announced his committee for the New York territory. His district ex- hibitor cochairmen are Buffalo, Vin- cent McFaul ; Albany, Moe Silver ; New Jersey, Don Jacocks ; and New York City and Brooklyn, Harry Brandt, John J. O'Connor and A. A. Hovell. The other members of his commit- tee are Sam Rinzler, Joseph Seider, Si Fabian, Irwin Wheeler, Robert Weitman, Sam Strausberg, Fred Schwartz, Laurence Bolognino, Gus Eyssell and Leo Brecher. Oscar Doob has been named chairman of the pub- licity committee, and Marvin Schenck, chairman of the entertainment. The first meeting of the committee will be held today at the Hotel Astor and plans will be made to enroll every theatre in the territory in the drive. Goodman and Reiner In Paramount Posts Monroe R. Goodman of the Para- mount distribution department yester- day was appointed assistant to Oscar A. Morgan, Paramount short subjects and newsreel sales manager, and Man- ny Reiner, publicist, was named to head the separate publicity and adver- tising department which Paramount is establishing for shorts and newsreels under consent decree operations. Goodman was associated with Para- mount for 11 years in the home office and in recent years was an assistant to Morgan, until recently the com- pany's Southern division manager. Reiner has been associated with Mono- gram, M-G-M and Warners advertis- ing and publicity departments and at the time of his present appointment was publicity manager for the Quiz Kids radio program. Rhoden and Cole in K. C. Army Aid Group Kansas City, Feb. 17. — Elmer C. Rhoden, head of Fox Midwest here, and Arthur Cole, office manager at the local Paramount exchange, represent exhibitors and distributors, respective- ly, on a local committee designed to provide service men with information on places of entertainment. Cincinnati Club Party Cincinnati, Feb. 17. — The wives of local Varietv Club members will hold a party on Saturday night. Personal Mention NICHOLAS M. SCHENCK is scheduled to arrive from the Coast by train today following a week of conferences at the M-G-M studio. • Louis Brandt. Bernard Brandt, and their mother, Mrs. Gusti Brandt, returned yesterday from Florida. • Albert Lewin will lecture on films in Washington tomorrow before stu- dents of Catholic University and Tri- nity, Dumbarton and Immaculate col- leges. • Louis J. Alleman II, of the RKO home office publicity department, has resigned to volunteer in the National Guard. He is now stationed at Fort Deven, Mass. • George Kurlansik, owner of the Towne and the Transit, Allentown, Pa., is back from Florida. • Anthony Archer, president of Civic Theatres, Denver, is in Florida. • Alex Bookspan of Fishman The- atres, New Haven, is the father of an eight-pound son, named Richard. • Maurice Rosen, son of Samuel Rosen, manaerer of the Monogram branch in Philadelphia, left vesterday for service with the National Guard. • Martin Goldenberg, manager of Warner's State, Philadelphia, and Mrs. Goldenberg are the parents of a daughter. • Franklin Maury, assistant man- ager at the Embassy, Reading, Pa., and Otona Elizabeth Siedecki, formerly of the theatre's service staff, were married last week. "LJAL HORNE left yesterday for *■ Detroit and Chicago. • Arthur Kelly, Harry Gold, Mon- roe Greenthal, Hank Linet, Ar- thur Mayer, Sam Spring and I. E. Lopert lunching at the Tavern yester- day. • Arthur Gottlieb, George Burns, Martin Moskowitz and Joseph Pin- cus having lunch at Lindy's (Slst St.) yesterday. • Howard Dietz, William F. Rod- gers, Jack McKeowan, Charles E. McCarthy, Sam Shain, Rudy Montgelas, Morris Kinzler, Ed- ward Raferty, George Dembow, Rus- sell Holman, J. J. Unger, Charles M. Reagan, Maurice Bergman, Ralph Austrian, Edmund C. Grain- ger, Arthur Hopkins, Marcus Hei- man and Toby Gruen at Nick's Hunt- ing Room in the Astor yesterday for lunch. • Robert Weitman, John Barry, Arthur Loew, Dennis King, Frank Phelps, John Golden, Harry Osh- rin, George Hale, Russel Crouse, William Melniker, Clayton Bond and Vernon Duke lunching yester- day at Sardi's. • Marcel Rebiere, European staff cameraman for March of Time, and Maurice Lancaster, in charge of the company's British production units, have arrived here from Europe. • Athur Knorr of the stage produc- tion department at the Roxy Theatre has two water colors in the current exhibition of the American Water Color Society. 20th-Fox Promotion Bureau Organized A divisional promotion bureau has been established by Charles E. Mc- Carthy, advertising and publicity di- rector of 20th Century-Fox, to handle "localized exploitation." The bureau will operate as a unit of the home office advertising and publicity depart- ment with representatives in the West- ern, Central and Eastern districts. As recently announced, Gabe S. Yorke has been assigned to the Western post while the other representatives have not yet been named. The bureau will function under Rodney Bush, exploita- tion manager. Honor Gus Schaefer Gus Schaefer, Northeastern district manager for RKO, is being honored by the branches under his jurisdiction during the current week, as part of the Ned Depinet sales drive. The branches are Albany, Boston, Buffalo and New Haven. Sherwood Due in N. Y. Hollywood, Feb. 17. — Robert C. Sherwood, who produced "Adam Had Four Sons" for Columbia release as his first production venture, left by plane today for New York to discuss plans for a second picture. Hunter President of Toronto Film Board Toronto, Feb. 17. — J. L. Hunter, manager of the Toronto Paramount exchange, has been named president of the Toronto Film Board of Trade for the current year, the vice-president being Ted Gould, branch manager of Regal Films, Ltd. Frank Fisher of Empire-Universal, H. J. Bailey of 20th Century-Fox and Mark Plottel, branch manager of RKO, are mem- bers of the committee with E. H. Wells continuing as secretary. Sauini Is Eastern Agent for Hughes Hollywood, Feb. 17. — Robert M. Savini, independent distributor, has been named New York representative for Howard Hughes, whose new produc- tion, "The Outlaw," will be sold by 20th Century-Fox as a special be- ginning next month. Savini in re- cent years, has headed Promotional Pictures, Inc., and Astor Pictures, and was sales manager for Atlantic Pic- tures Corp., all independent firms. Bookers Party May 18 The annual party of the Motion Picture Bookers Club has been set for May 18 at the Astor Roof. Dan Ponticelle of Warners is in charge of arrangements. Theatres Face Tax Boost in New York Theatre owners are faced with a sharp increase in the tax rate in New York City with real estate experts pre- dicting that the city's real estate tax would rise to a record high of $2.93 per $100 for the 1941-1942 fiscal year. The increase is necessitated in part by the fact that the assessments on which the ta?t ~ is collected are lower tha\\f they have been since 1928 and 1 further cuts are in prospect, according to real estate men. Exhibitors Form N. Y, Allied Organization Albany, Feb. 17.- — An organization meeting of 25 exhibitors at the De- Witt Clinton Hotel here today initiated a temporary group which voted to af- filiate with National Allied. Incor- porators of the New York state unit of National Allied, Inc., turned its papers over to the group. A motion was adopted authorizing the organizing committee to perfect the organizaiton, and it was voted to have a state convention no later than Oct. 15. The organizing committee will have six members. Four named today were Leonard Rosenthal, Troy; Max Cohen, Lido Theatre, Brooklyn ; Abe Stone, Eagle Theatre, Albany, and Robert Goldblatt, Music Hall, Tarry- town. Two others will be chosen at a Buffalo meeting next month. Sidney Samuelson, chairman of the National Allied Information Bureau, spoke at today's meeting. Rosenthal was temporary chairman, and John Gardner of Schenectady acted as sec- retary. Service Is Held for John Hicks' Mother Mrs. Fred Phipps, mother of John W. Hicks, Paramount vice-president and foreign manager, who died late last week at her home in Sedalia, Mo., was buried there yesterday. Hicks, who went directly to Sedalia for the services following his arrival in New York from Panama on Saturday, will return to New York tomorrow. MOTION PICTURE DAILY (Registered U. S. Patent Office) Published daily except Saturday, Sunday and holidays by Quigley Publishing Company. Inc., 1270 Sixth Avenue, Rockefeller Center, New York City. Telephone Circle 7-3100. Cable address, "Quigpubco, New York." Mar- tin Quigley, Editor-in-Chief and Publisher: Colvin Brown, Vice-President and General Manager; Watterson R. Rothacker, Vice- President; Sam Shain, Editor; Alfred L. Finestone, Managing Editor; James A. Cron, Advertising Manager; Chicago Bureau. 624 South Michigan Avenue, C. B. O'Neill. Manager; Hollywood Bureau, Postal Union Life Building, William R. Weaver, Editor: London Bureau, 4 Golden Square, London Wl, Hope Williams, Manager, cable address "Quigpubco, London." All contents copy- righted 1941 by Quigley Publishing Com- pany, Inc. Other Quigley publications: Motion Picture Herald, Better Theatres. International Motion Picture Almanac and Fame. Entered as second class matter. Sept. 23, 1938, at the post office at New York, N. Y., under the act of March 3. 1879. Subscription rates per year $6 in the Americas and $12 foreign. Single copies 10c. 'Tuesday, February 18, 1941 Motion Picture Daily 3 Browne to Detroit On Janitor Problem Miami, Feb. 17— George Browne, president of the I.A.T.S.E., will go to Detroit in an attempt to adjust the controversy there between United Detroit Theatres and the janitors' union, in which the theatres have been picketed since last New Year's eve. Browne, a committee from Detroit, and William L. McFetridge, head of the Building Service Union, discussed . V^natter today before the A.F.L. ex- ' =8ve council in session here. Wil- liam Green, A.F.L. president, directed Browne and McFetridge to "get to- gether" on the problem, and Browne ; indicated he would go directly to De- troit as soon as the council ends its meeting late this week. Resume Hearings On S. P. G. Petition After a two-week recess, hearings were resumed yesterday before Daniel Baker, National Labor Relations 1 Board trial examiner, on the petition of the Screen Publicists Guild for designation as collective bargaining agency in the publicity and advertising departments of six major companies. The case against Warners and Loew's was postponed indefinitely at the out- set of the hearings. The testimony yesterday continued to concern itself with the type of em- ployes to be included in the various bargaining units. Hearings will con tinue today. Feature Reviews "Adam Had Four Sons" (Columbia) Hollywood, Feb. 17 PRESENTING Ingrid Bergman, Warner Baxter and Susan Hayward in principal roles, this production by Robert Sherwood (not the Robert E. Sherwood of "Abe Lincoln in Illinois") of "Legacy," a novel by Charles Bonner, tells a story of a man and his four sons, their gov- erness, and a loose woman who complicates their lives by marrying one of the sons, seducing another and attempting to entice still another. The governess shields the father from knowledge of all this, in the interests of the family, by pretending to be the sinner in the case. A happy ending is brought about at the end by the erring son's confession of the facts to his father, following his brother's attempted suicide, the father proposing marriage to the self-sacrificing governess in the final scenes. Seen in support of the principals are Fay Wray, as the mother who dies early in the picture. Richard Denning, Johnny Downs, Robert Shaw and Charles Lind as the boys grown up, Billy Bay, Steven Muller, Wallace Chadwell and Bobby Walberg as the boys in childhood. Helen Westley as an aging woman undeceived by the young woman who brings grief to the household gives an especially notable performance. The picture, directed by Gregory Ratoff, has timeliness in that it deals with young men joining the army, shipping for overseas, returning to take up their lives as citizens, and the effect of all this on the family unit. It has appeal to womanhood in its depictment of the sacrifice and devotion of the governess to the boys in her charge. It is not, however, a picture for children. Running time, 80 minutes. "A."* Roscoe Williams NineNew Films Start; 42 Are Now in Work Film Appropriations In Canadian Budget Ottawa, Feb. 17. — Items of special interest to the Canadian motion picture industry were brought down in the estimates in the House of Commons today. They included grants to the National Film Board of $39,100 and the Motion Picture Bureau of $832,635. The Film Board appropriation was decreased $20,900 compared to last year, while the bureau grant was increased by $18,471. 3 Companies Formed Albany, Feb. 17. — Three motion picture concerns chartered to do busi- ness in New York State are: Maple Theatre, Inc., Livingston, by Samuel J. Cohen, Carl Bogner and Joseph L. Kutcher; Arvid Theatre Corp., Vil- lage of Pelham, by Lawrence Zourek, Hilda Bloom and Helen Strasser ; For- rester Film Corp., New York, by Jack Forrester, T. Newman Lawler and M. C. Monahan. *"A" denotes adult classification. "Golden Hoofs" (20th Century-Fox) Hollywood, Feb. 17 THIRST film in ready memory to center its story around harness- racing, which it treats as both sport and tradition, this comedy-drama starring Jane Withers with Charles (Buddy) Rogers opposite is fresh in subject matter, wholesome as a whole and in detail and altogether entertaining. George Irving, Katharine Aldridge, Buddy Pepper and Phillip Hurlick, a pickaninny who steals the show repeatedly, supply the support. Miss Withers is seen as an adolescent trainer of trotting horses whose happiness in the calling is wrecked by Rogers, a wealthy sportsman, who purchases the farm and stables which have produced trotting champions for a century, intending to breed race-horses instead. Grad- ually she interests him in trotters, developments creating a climax in which he competes with her grandfather in the annual classic, both men driving horses she has trained. The unexpected outcome of the race results in a happy ending. Although Miss Withers is presented as enamoured of Rogers for a part of the picture, this romance is resolved well before the ending. There is no villainy in the picture but there is much of human interest and an adequate amount of humor. Running time, 68 minutes. "G."* Roscoe Williams Guy Kibbee on Tour Guy Kibbee, who made a personal appearance at Montpelier, Vt, last Thursday in connection with the open- ing of his starring RKO film, "Scat- tergood Baines," is making a personal appearance tour through New Eng- land, accompanied by Terry Turner, head of the RKO field staff. Schenck Suit to March 3 Acting U. S. Attorney Matthias F. Correa yesterday obtained a post- ponment of the Government's suit against Joseph M. Schenck and Joseph H. Moskowitz until March 3. "The Devil Commands" (Columbia) A MELODRAMA about a scientist attempting to communicate with the dead, this is neatly timed, since the scientist is Boris Karloff, about whom many kind words have been said of late by critics and public for his shenanigans in one of Broadway's most successful come- dies, "Arsenic and Old Lace." There is nothing unusual about the film itself, however. The familiar props invariably found in pictures which concern themselves with life beyond, such as grotesque electrical contraptions, are effectively on hand and the sound track carries appropriately weird music. Karloff is at first a reputable scientist but upon his wife's death he and a seance practitioner seek to develop a method by which he might bring her back now and then for a chat. His experiments, which incidentally, require a group of corpses quietly seated around a table, cost the life of two assistants and finally his own. Amanda Duff, Richard Fisk and Ann Revere appear in supporting roles. Running time, 65 minutes. "G."* Hollywood, Feb. 17. — Forty-two pictures were before the cameras this week, as nine started and five finished. Fifteen were being prepared, and 67 being edited. The tally by studio: Columbia Finished: "They Dare Not Love." In Work: "A Girl's Best Friend Is Wall Street," "Her First Beau," "Under Age," "North from the Lone Star." Started: "Senate Page Boys." M-G-M In Work: "Billy the Kid," "A Wo- man's Face," "Blossoms in the Dust," "Love Crazy," "Dr. Jekyll and Mr. Hyde." Started: "The Uniform." Monogram In Work: "Air Devils." Producers Releasing Started: "Federal Fugitives." Paramount In Work: "One Night in Lisbon," "Caught in the Draft," "Kiss the Boys Goodbye," "Power Dive," "Sky- lark." RKO Finished: "The Devil and Miss Jones" "Robbers of the Range." In Work: "Sunny," "Repent at Leisure." Started: "Before the Fact." Republic In Work: "Sis Hopkins," "Mr. District Attorney." Started: "In Old Cheyenne." 20th Century-Fox Finished: "The Outlaw." In Work: "Blood and Sand," "The Cowboy and the Blonde," "The Great American Broadcast." Universal Finished: "The Man Who Lost Himself." In Work: "The Flame of New Orleans," "The Lady from Cheyenne," "Model Wife," "Oh, Charlie," "Un- finished Business," "Double Date." Warners In Work: "Miss Wheelwright Dis- covers America," "The Bride Came C.O.D.," "Affectionately Yours," "Ser- geant York." Started: "Three Sons O'Guns," "Highway West," "The Nurse's Se- cret," "The Gentle People." *"G" denotes general classification. House Policy Changed St. Louis, Feb. 17. — The St. Louis Theatre, Fanchon and Marco first run here, has modified its policy and is now changing its bill twice a week. Two first run pictures are shown Sun- day through Wednesday and two re- vivals Thursday, Friday and Saturday. Admissions are 25 and 35 cents. Louis Stern Dies Hollywood, Feb. 17. — Louis Stern, veteran character actor, is dead here after a long illness at the age of 81. He appeared in silent and talking films over a period of 23 years. His widow survives. ★ 2 FAMOUS SINGING STARS! ★ 5 SWELL NEW SONG HITS! ★ A HOT BAND! ★ THRILLING DANCE NUMBERS! Based upon the comic strip created by CHIC YOUNG with THE BUMSTEADS PENNY SINGLETON • ARTHUR LAKE • LARRY SIMMS as Blondie as Dagwood as Baby Dumpling RUTH TERRY • TITO GUIZAR, Radio's Famous Mexican Singing Star Screen play by Richard Flournoy, Karen De Wolf • Directed by FRANK R. STRAYER Produced by Robert Sparks • A COLUMBIA PICTURE 6 Motion Picture Daily Tuesday, February 18, 1941 FCC Will Get Chain Report Draft Shortly Washington, Feb. 17. — Draft of the network monopoly report is ex- pected to come before members of the Federal Communications Com- mission for consideration this week or next, it was announced today by Chairman James L. Fly. The report has been discussed by the FCC with members of its legal staff, which has prepared a report on which action is expected to be taken before the end of the month, the chairman said. Fly would give no indication of the position which would be taken by the commission on the question of chain broadcasting, but said the report would be "comprehensive." The monopoly report long has been a political issue here and during the hearings on the reappointment of Thad H. Brown as commissioner last year they became a major item. The sub- committee which drew the monopoly report submitted its report finally as a result of the Senate committee's crit- icism. One of the principal contentions of CBS and NBC is that the FCC has no power to regulate or control net works as such. Mutual, on the other hand, has submitted briefs contending that the FCC has such power. Newsreels to Cover F.D.R. Academy Talk Hollywood, Feb. 17. — All five news reels will cover the broadcast to the Academy Awards banquet of Presi- dent Roosevelt from the White House on Feb. 27. The reels will cover the event at the White House and at the Biltmore Hotel here. Bob Hope will be master of cere monies at the banquet, and Alfred Lunt and Lynne Fontanne, nominees for the acting awards in 1931-'32, will present the statuettes to player win- ners this year, according to Mervyn LeRoy, chairman of the dinner com- mittee. The broadcast will be carried at 11:45 P.M., E.S.T., by all three major networks. Off the Antenna 'TPHE "Carnation Contented" program heard over NBC-Red at 10 P. M. Mondays will salute the motion picture industry during next Mon- day's show. • • • Purely Personal: The old team of Stoopnagle & Biidd will be reunited for a day Sunday when Budd is guest on Col. Stoopnagle's CBS show Sun- day at 5 :30 P.M.... Robert Kinkead has joined the CBS publicity staff. . . . David S. Garland has been named sales promotion manager of WEEI, Bos- ton. . . . Leo Cohen, head of IVHN's artist bureau, has written "With Your Permission," a new song. . . . Bing Crosby returns to "Kraft Music Hall" Thursday. . . . Fibber McGee & Molly will be guests on "Lux Radio The- atre'' Monday. . . . Jack Von Tilser has resigned from the NBC program sales division. . . . Bobby Byrne, Beverly Robert and Larry Adler will be guests of Bill Bents' "Showshop" over WBNX Sunday. . . . Fred Weber, Mutual general manager, returned from the Coast yesterday. • • • Starting Monday, the "Farm and Home Hour" over NBC-Blue will include in its Monday through Friday broadcasts at 12:30 P.M. news about the day-to-day developments on national defense with a review of all news on defense activities. Charles Barry, NBC Washington an- nouncer, will handle the feature. Program News: Hecker Products has renewed "Lincoln Highway" for an additional seven weeks over 61 NBC-Red stations, effective March 15. The renewal will bring the program up to the daylight saving time switch- over. . . . "John's Other Wife" and "Just Plain Bill" have been renewed for an additional 52 weeks, effective March 24, over 64 NBC-Blue stations. Sponsors are A. S. Boyle Co., Wyeth Chemical Co., Anacin Co. and Bisodol Co. . . . Eddie Cantor will bring his show to New York and Kate Smith will move to Hollywood for four broadcasts next month. . . . "Just Music" over WQXR, 11 P.M. to midnight nightly, will be sponsored by Andrew Jergens Co. beginning March 1. • • • Around the Country: Starting Monday, WBIG, Glenside, Pa., will start its programs an hour early, with a 6 A.M. opening instead of 1 ... . Al Nelson, general manager KGO-KPO, San Francisco, has been elected to the board of directors of the San Francisco Better Business Bureau, . . . WBAX, Wilkes Barre, and WARM, Scranton, Pa., will broadcast the Eastern Base- ball League games from their respective cities. . . . Tidewater Broadcasting Co. has been formed in Norfolk, Va., to operate a 250-watt station. Robert G. Hofheimer is president and Alex H. Bell, vice-president. . . . WJLB, a new station will replace WMBC in Detroit next Tuesday. Printing Trades Plan to Ask For Radio Ownership Limit Exclude Theatres in Legalized Games Bill Albany, Feb. 17.— Theatres would not be empowered to conduct chance games, in a bill to legalize them in New York State, under strict licensing regulations, which is expected to be introduced into the state legislature this week. The Secretary of State would be em- powered to issue licenses to charitable societies and the like, collecting the fees for general state revenue. Washington Club Party Washington, Feb. 17. — Arch Engel and Eddie Melniker reigned as "Kings for a Day" at the Variety Club's annual Valentine-George Washington's Birthday luncheon here today. New members were introduced by Chief Barker Hardie Meakin. {Continued from page 1) the matter would come before a Congressional committee late in March, after the Treasury Depart- ment presents its tax bill to the ways and means committee soon after March 15. The association would ask that its plan be incorporated in the general tax bill. It is understood the plan will not be presented before the A.F.L. execu- tive council, which is in session here. N.A.B. Heads Fail To Answer Attack Broadcasting officials declined to comment yesterday on the announce- ment in Miami of the International Allied Printing Trades Association that it planned to seek legislation limiting commercial time on the air to 25 per cent of all broadcasting periods and to ask heavy taxation of the radio industry. Officials took the position that the attack was on the entire industry and that, under such circumstances, the National Association of Broadcasters was best qualified to answer. In Washington, Neville Miller, N.A.B. president, said he had been too busy with the Ascap situation to consider the blast from the printers but that a statement would be forthcoming in "a day or two." The International claims a member- ship of 200,000 and consists of five craft unions in the printing trades. Haggerty proposed a 25 per cent tax on stations having a gross revenue above $500,000 annually, 15 per cent on those with more than 5250,000, and 10 per cent for those with between $100,000 and $250,000 annually. He estimated that the Federal Govern- ment would derive $12,000,000 an- nually from such tax. He asserted that the growth of FM stations further would deplete the revenues of newspapers. Advertising agencies, according to Haggerty, were inclined to favor radio because they could collect a double commission, one from the performers as well as the client. Weed Sees Trend To Spot Programs A growing trend toward the use of spot advertising by national advertisers is seen by Joseph J. Weed, president of Weed & Co., station repre- sentatives. Weed declares that sponsors using network shows who have had them traveling from city to city have noted the growth of au- dience interest resulting from a program's origination in a specific locality. Spot an- nouncements have the same local merchandising asset, ac- cording to Weed. Union Party Today Allentown, Pa., Feb. 17. — The annual ball of the motion picture pro- jectionists union here will be held to- morrow at the Keystone Trail Inn. James Rau, Rialto projectionist, is business agent of the local. Ascap Decision on Decree Due Today (Continued from pape 1) with the Department in Washington from Lt. Gov. Charles Poletti and Milton Diamond, special counsel for Ascap. The board is reported to have forwarded new suggestions to Govern- ment officials concerning the proposed decree, which it is said to regard as representing its final stand. The Department's response is ex- pected to be received by Ascap today and will be presented to the board immediately for acceptance or rejec- tion, it was stated last night. Meanwhile, no further conferences or meetings between Ascap and Govern- ment representatives are anticipated. Miller Confers in Capital Washington, Feb. 17. — Neville Miller, president of the National As- sociation of Broadcasters, said tonight that he had spent the entire day con- ferring with Department of Justice of- ficials on the Ascap situation but re- fused to discuss the matter. Missouri Measure Is Aimed at Ascap Jefferson City, Mo., Feb. 17. — A bill aimed at Ascap which would make it unlawful for two or more owners of copyrighted compositions to pool their interests for the purpose of col- lecting fees in this state, or to issue blanket licenses for the commercial use of their music, has been introduced in the legislature here by Representa- tive Paul E. Turner of St. Joseph. It provides that publishers may, however, enter into group arrange- ments if they issue licenses based on a "per piece" fee system ; the state to have power to take title to copyrighted music if such system is violated, and to fix fees and retain them. The bill would grant the state jurisdiction also over radio music intended for hearing within the state even though originat- ing outside it. Introduction of the bill is credited to distress over the character of music on the air, a necessity for music suit- able for the education of youth, and to alleged popular protests against the present licensing methods. Censor Decision Due Albany, Feb. 17. — Decision by the Board of Regents is expected Friday on the appeals by two distributors from a refusal by the New York State censor board to issue licenses for "Kid- napping Gorillas" and "Life on the Hortobagy." Tuesday, February 18, 1941 Motion Picture Daily 7 Contracts of 'Little 3' Are Called Illegal (Continued from page 1) Nashville on Friday by Louis Froh- lich of Schwartz & Frohlich, Colum- bia counsel. t \jn supporting the motion to dis- miss before Federal Judge Goddard yesterday, Frohlich argued that the Government had presented no "trial- able issue" in the amended complaint, that Government statements of record revealed that the Department of Justice had "no case" against the three companies, and with theatre divorcement no longer involved, con- spiracy cannot figure in the case. Benjamin Pepper of O'Brien, Dris- coll & Raftery, counsel for United Artists and Universal, quoted the Government as referring to the "Little Three" as "reluctant defendants" in the original suit. He charged that the decree provision for blocks-of-five selling was a conspiracy which the three companies refused to join. He contended they would be its first "victims" if they did. "In abandoning affiliated theatre divorcement," Pepper said, "the Gov- ernment gave up the one thing that would stop a monopoly in the in- dustry." Judge Goddard remarked that the dropping of divorcement from the new complaint made no difference in its validity and having refused earlier to grant the petition of the "Little Three" to prohibit the filing of the Government's amended complaint, the court could not reverse itself now and dismiss that complaint. Wright conceded that the "Little Three" do not monopolize the film business, emphasizing, however, that one small distributor can violate the anti-trust laws through contractual terms with circuits in matters of dis- crimination and clearance, even with- out conspiracy being involved. He cited, _ as an example, the Interstate Circuit case which the Government won several years ago. Seven Big Features Are Set by 20th-Fox (.Continued from pane 1) "The Great American Broadcast," "Blood and Sand," "Miami" and "Sun Valley." For the opening of "Tobacco Road" at the Roxy Thursday, 20th Century- Fox has purchased four to six spot announcements on six metropolitan sta- tions, including WOR, WMCA WNEW, WHN, WWRL and WAAT. Spot announcements on stations in key cities all over the country will be co- sponsored by 20th Century- Fox as part of the promotional campaign. _ Value of the use of independent sta- tions in the New York area was stressed because many of these sta- tions cater to the foreign language group which are not reached over the network stations. Bill Bans Taverns Near Film Houses Indianapolis, Feb. 17. — Far- reaching revisions in Indi- ana's liquor laws are sought in bills introduced in the legislature by Republican forces. One proDOsed provi- sion would prohibit taverns within 50 feet of a motion picture theatre. Broadway Theatres Have Good Weekend (Continued from page 1) attracted big crowds to the Rivoli, giving the house about $45,000 for its first week. "Western Union" with a stage show at the Roxy drew an estimated $23,- 000 Thursday through Sunday. The premiere of "Tobacco Road" at the Roxy, in addition to starting at 8 A. M. Thursday and continuing through Friday, will be given an extra show that night, extending the open- ing to 1 A. M. Saturday, continuous for 41 hours. "Road Show" opens today at the Rialto, replacing "The Devil Com- mands," which did about $5,000 for six days. "Strawberry Blonde" with Raymond Scott's orchestra on the stage goes into the Strand Friday, succeeding "Honeymoon for Three." The latter in its second week with Ray Noble and his band on the stage garnered an estimated $12,000 Friday through Sunday. "You're the One" and Ella Fitz- gerald's band opens at the Paramount tomorrow. The third and final week of "Virginia" and Glenn Miller ends tonight with an estimated $42,000 ex- pected. The film brought about $20,- 000 over Saturday and Sunday. "Night Train" is now in its eighth week at the Globe. Business Saturday and Sunday was estimated at $3,000, which is about average. The 18th week of "The Great Dictator" ended last night with about $14,000. London Office Of M.P.P.D.A. Is Destroyed (Continued from page 1) insists that notification must be made within two weeks by exhibitors de- siring relief from contractual obliga- tions. On reopening his theatre, the exhibitor must re-date product previ- ously booked, or provide equivalent playing time. No additional business will be undertaken until the individual distributor concerned is satisfied that the agreement has been fulfilled. The Films Council is scheduled to meet Friday and is expected to discuss the Government's proposal for a Films Commission. It is unofficially under- stood that the distributors as a whole are opposed to the plan, which would give the commission virtual control of the industry. The exhibitors already have expressed their opposition. Allport Active in Europe Airport, who joined the M.P.P.D.A. in 1933 after several years with the U. S. foreign commerce service, has been engaged in activity for the in- dustry in European capitals for the past several years. Most notably he was vitally con- cerned in the negotiations leading to the conclusion of the currency with- drawal agreement between the British Government and major American dis- tributors last year, and its renewal this year. He also was active in the negotiations some time ago to bring about a resumption of film trade with Italy, and spent some time in Rome on that mission. 'U' Executives Return Hollywood, Feb. 17. — Milton Feld and Dan Kelley, Universal studio ex- ecutives, arrived today by plane from New York, where they visited after at- tending the Chicago sales convention. John Joseph, director of advertising and publicity is due Thursday. Freeman Reelected Head of Producers (Continued from page 1) ond vice-president, and Fred W. Beet- son, executive vice-president. Attending the meeting representing member companies, in addition to those named, were Harry Cohn, president of Columbia; J. R. McDonough, RKO ; William Goetz, 20th Century-Fox ; Walter Wanger, Wanger Productions ; H. M. Warner and Will H. Hays. Joins Goldberg Circuit San Francisco, Feb. 17. — Roland Lloyd, well known in local theatre cir- cles, has joined Aaron Goldberg's dis- trict circuit as chief booker. More Active Propaganda Important, Says Grierson By PAT DONOVAN Montreal, Feb. 17. — Democracies have overlooked the fact that propaganda is more necessary for their citizens than for citizens of totalitarian countries, John Grierson, Canadian Film Commissioner, told a luncheon of the Canadian Club at the Windsor Hotel here today. Grierson is responsible for propaganda and documentary films showing the extent of Canada's war effort. "We can, by propaganda," said Grierson, "widen the horizon of the schoolroom and give to every individ- ual, each in his place and work, a liv- ing conception of the community which he has the privilege to serve. We can light up his life with a sense of active :itizenship and is so doing we can make the life of the citizen more ardent and satisfactory to himself." In the earlier part of his talk Grier- son pointed out that Hitler rightly con- sidered propaganda as the first and most vital weapon in political and mili- tary management, and used it perfectly in the downfall of France. He described the "strategy of ter- ror" used by Hitler in showing a hor- ror film of the Polish invasion to Norwegians before that conquest. "Everything," he said, "is grist to their mill, so long as they divide the enemy and weaken his belief in him- self." Grierson added, "For myself. I watch the German procedure and wish a little sometimes that we could, without running over into harshness and blatancy, brag a little more about ourselves and put our propaganda a little more plainly on the offensive. They have flooded the world with pic- tures of action, of their mechanized and efficient might, of their young troops on the march and going place*, of deeds done. I confess I hate to see them getting away with it." m ■ 7 win 1. It Let people know youVe got some- thing to sell. Let them know it's good . . . attractive . . . amusing . . . entertaining. Use advertising. For there never was a time in the history of the world when the seller had more or better means of blowing his own horn than to- day. There never was a business or an industry that afforded more or better means of blowing your own horn than this motion picture industry of ours. There never was a better method than the Three Best Sellers offered by the Prize Baby of the Industry... Trailers . . . Lobby Displays . . . and every conceivable kind of Standard Accessory made by the Prize Baby of the Industry! —a i nrrnonni. sereefi servici (IRTIOflRL 5CR.EER RCCES50RIE I I Alert, InteJUgei >amo to the^J cjtion Picture Industry MOTION PICTURE DAILY First In and Impartial I V^V 49. NO. 34 NEW YORK, U.S.A., WEDNESDAY, FEBRUARY 19, 1941 TEN CENTS Decree to Be Submitted to Vote of Ascap Will Precede Closing with Justice Dep't The proposed Ascap consent de- cree will be submitted to a general meeting of the society's members for acceptance or rejection within the next few days before being formally closed with the Depart- ment of Justice, Ascap officials stated last night following an all- day meeting of the board of di- rectors. Final action on the decree proposals by the Ascap board which had been expected yesterday failed to ma- terialize when the board adjourned until this morning without completing its discussion. Action was delayed, it was said, due to differences of opinion within the directorate over the effects of some of the decree proposals on Ascap's future operations. The board now is expected to com- plete its discussion today by approv- ing the decree terms subject to the (Continued on page 5) Bill Would Send Music Fights to FTC Washington, Feb. 18. — Rep- resentative Martin J. Ken- nedy of New York today in- troduced a bill in Congress providing that disputes be- tween holders of copyright and users of music may be brought within the jurisdic- tion of the Federal Trade Commission. The bill pro- vides that where agreement over terms cannot be reached the matter shall be referred to the Trade Commission for arbitration on the grounds that the use of copyrighted music is a matter of public interest. Refusal to abide by the Commission's decision would result in condemna- tion proceedings and disposal of the copyright by the Fed- eral Court to the highest bidder. 'John Doe' to Open; At BVay Houses Early in March Gradwell L. Sears, general sales manager of Warners, yesterday an- nounced that "Meet John Doe," the Frank Capra-Robert Riskin picture starring Gary Cooper and Barbara Stanwyck, will have its world pre- miere simultaneously at two Broad- way theatres, the Hollywood and the Rivoli, early in March, following the current run of "Back Street" at the latter house. The Hollywood Theatre, a Warner house, presently shelters a ballet troupe. It is one of the newest theatres on Broadway. The scale will be 99 cents top, according to tentative plans. The event will be heralded with a top hat and ermine opening studded with celebrities of all kinds. And un- der the direction of Mort Blumenstock, a radio and newspaper campaign of substantial magnitude will support the event. Following this two-theatre premiere, the film, according to Sears, will be launched on its national engagements schedule. Besides Cooper and Stanwyck, the cast includes Edward Arnold, Walter Brennan, James Gleason, Irving Ba- con, Gene Lockhart, Rod La Rocque, Spring Byington, and Regis Toomey. The picture runs two hours and 14 minutes. Richard Connell did the script. Stagger Release Of 'Tobacco Road' Twentieth Century-Fox will stagger the release of "To- bacco Road." There will be no "headlong" release of the picture such as has been talked about in the trade. The company intends to give the picture the fullest box- office value possible by a se- lected pre-release in about 18 cities following the world premiere at the Roxy, and the Miami opening. The film, which opens here tomorrow morning, will begin a two- theatre run in Miami at the Lincoln and Surf theatres on Feb. 27, according to current plans. As one high company executive described the com- pany's intentions with regard to this film — it will be re- leased "intelligently." McDonough Handles RKO Program Films Hollywood, Feb. 18. — J. R. Mc- Donough, vice-president of RKO, will assume the duties heretofore held by Lee Marcus, executive producer in charge of program pictures. Marcus will serve as an associate producer under McDonough, who will continue to handle the company's rela- tions with its independent producers. (Continued on page 4) Total Film Theatre Gross In 1939 at $673,045,000 mately 25 per cent greater than the 1935 count of 12,024/ Payroll $131,583,000; Gross 30 Per Cent Gain Over 1938 Washington, Feb. 18. — The total motion picture theatre box-office gross in the United States for 1939 amounted to $673,045,000. The legitimate the- atres grossed $32,561,000. All other places of amusement, excepting radio, grossed $291,473,000. The gross re- ported for motion picture exhibition covers income by 15,115 theatres. These figures are from a preliminary report of the United States Census Bureau. The figures on motion picture exhi- bition income reveal that the theatres of the country grossed well over 30 per cent above the $508,196,000 re- ported in 1938. The number of the- atres reported for 1939 is approxi- 2,024/ The total motion picture the- atre payroll for 1939 was $131,- 583,000 against $102,804,000 four years earlier, and the number of employes in 1939 in all film houses was 125,684, against 93,- 052 in 1935. There were fewer owners of unin- corporated business in motion picture exhibition in 1939, as against the pre- vious year. In 1939 there were 6,104, as against 6,717 in 1938. However, the Census Bureau's report does not in- dicate how many theatres these totals represent. Motion picture theatres (including those with vaudeville) accounted for 33.7 per cent of the total number of establishments found in the census of amusements ; 67.4 per cent of the total (Continued on page 4) 440 Named to Act on Panels Of Arbitrators Expect Total in 31 Cities To Reach 1,200 Lawyers, accountants, business men, bankers, brokers, realtors, college professors, economists, magazine editors, utility executives, school teachers and manufacturers are among those selected by the American Arbitration Association for the motion picture panels which will be set up in the 31 key arbitra- tion centers around the country. Already, about 440 arbitrators in 27 cities have been named, and whm For the full list of the New York panel of 53 arbitrators ap- pointed to date, see Page 5. completed for the entire country, the setup in the 31 cities will total 1,200. Not all the panels in the 27 cities so far chosen are complete. Also, panel members for New Haven, Albany, Indianapolis and Seattle are still to be selected. So far the numbers chosen and the cities are: Atlanta, 11; Boston, 12; (Continued on page 5) Chicago Board Gets Case on Clearance Chicago, Feb. 18. — The second arbitration case to be brought before the local board was filed today on behalf of Ben Banovitz, president of Ken Theatre Corp. The complaint charges 20th Cen- tury-Fox, Paramount and RKO with granting unfair clearance to the Shakespeare Theatre, operated by Arthur Schoenstadt, and to the Pix Theatre, operated by H. Schoenstadt. According to Maxwell Landis, at- torney for Banovitz, the Ken was taken over from Schoenstadt by the complainant recently. He charges that thereafter the Ken's second week clearance was denied it by the com- panies named in the complaint, al- though M-G-M and Warners con- tinued to grant the house that protec- tion. Denver, Feb. 18. — Joseph G. Good- stein Enterprises, operating the Long- mont Theatre, Longmont, Colo., filed an arbitration complaint here today charging Fox Intermountain Theatres with overbuying. 2 Motion Picture Daily Wednesday, February 19, 1941 Personal Mention Hays to Celebrate 19th Year March 5 Will H. Hays will observe his 19th anniversary as pres- ident of the MP.P.D.A. on March 5, having been ap- pointed to the post on March 5, 1922. Hays is expected back from the Coast about the middle of March to complete arrange- ments for the anual meeting of the M.P.P.D.A. board, scheduled for March 25. Rati- fication of Hays's new five- year contract and reelection of directors and officers is expected at the annual meet- ing. Shirley Acts for M-G-M in Chicago Chicago, Feb. 18. — Sam Shirley, who retired as district manager for M-G-M in this area two years ago, has been recalled to act as branch manager here pending the return of Walter E. Banford, who is recuperat- ing from a serious operation. Kunkel Rites Held Pittsburgh, Feb. 18. — Funeral serv- ices were held yesterday for Frank B. Kunkel, pioneer theatre manager, who died last Thursday, at the age of 54. Surviving are a son, two brothers and a sister. JACK COHN, Columbia vice-presi- dent, is scheduled to arrive from the Coast by train on Friday. He left Hollywood yesterday with Abe Schneider, Columbia treasurer. • John J. Payette, Warner Theatres zone manager in Washington, and his assistant, George Crouch, are vaca- tioning in Florida. • Carlo Bavetta, managing director of 20th Century-Fox in Brazil, will leave here for his post in Rio de Janiero by plane Feb. 27. • Frank T. Murray, manager of Universal exchange operations, is spending a few days at the Des Moines exchange. • Phil Sherman, manager of War- ners' Montreal exchange, has returned to his desk after a checkup at the Montreal General Hospital. • W. C. Hicks, owner of five houses in Baltimore, is vacationing in Flor- ida. • Frank Mullen, M-G-M office manager in New Haven, is confined to his home with a knee injury. • Sal Popolizio, assistant booker at the 20th Century-Fox exchange in New Haven, is ill with the flu. JOSEPH I. BREEN, director of the «J Production Code Administration, is expected here from the Coast late this week. • Arthur Ungar leaves Friday for Hollywood after a New York visit. • Nate Blumberg, Harry Gold, Nate Spingold, J. J. Milstein, Jack Goetz and Joseph Moskowitz lunch- ing yesterday at Lindy's (51st St.) • Harry Buckley, Max Weisfeldt, Rube Jackter and Irving Shapiro at Lindy's (next to the Rivoli) yester- day for lunch. • Herman Wobber, Walter J. Hutchinson, Francis L. Harley, Harry Thomas, Al Richard, Sam Shain, Ben Washer, Laudy Law- rence, Arthur Loew, Gertrude Lawrence, Vinton Freedley, Guy Bolton, Jimmy Savo, Sidney Phil- lips, Eddie Dowling, Mary Roberts, Mary Phillips, John D. Hertz, Jr., and John Buchanan having lunch at Sardi's yesterday. • Charles Casanave, Herman Rob- bins, William Orr, Max A. Cohen, Max Dreyfus, Arthur Mayer, Toby Gruen and Lou Dreyfus at Nick's Hunting Room in the Astor yester- day for lunch. • Edward Peskay, A-Mike Yogel, Tess Michaels, Hortense Schorr, Douglas Rothacker, Maurice Berg- man, Charles E. McCarthy, Robert Savini and Morris Kinzler lunch- ing at the Tavern yesterday. • Phil Engel, Warner Eastern dis- trict exploiteer, left yesterday for Providence and Boston. • Dallas Day, RKO booker at Des Moines, is recovering from an opera- tion at Rochester, Minn. • Jack Waxman. operator of three theatres at Atlantic City, is on vaca- tion at Miami Beach. • Harry J. Schad, Reading, Pa., theatre owner, has been elected to the board of the Reading Fair. 'Canary' Premiere in Dallas on March 8 Dallas, Feb. 18. — World premiere of Paramount's "The Hard Boiled Canary" will be held at the 3,800-seat State Fair Auditorium here March 8, as a benefit for British war relief. Merchants are cooperating in selling tickets, which are priced at $2 and $2.50. A $10 per plate dinner will be held March 7 to call further attention to the show. A number of Holly- wood players will attend the festivi- ties, and matinee and evening show- ings of the premiere, at which the Dallas Symphony Orchestra will play. Shoot Your Next Film at Edison Motion Picture Studio NEW YORK'S FINEST Large and small sound stage — Latest equip- ment — Rehearsal rooms — Private projection theatre — Executive offices — Conveniently located MODERATE RATES Phone CHickerlng 4-81 16-7-6 Newsreel Parade ALL of the newsreels continue to ■Si play up subjects of defense signif- icance. Seen in the new issues are 20 bombers in a formation flight over Mt. Rainier, and an airplane show for airplane workers. Outstanding ajtm^i the general news is* Harry Ho^KF' return from England. The conlmTs: MOVIETONE NEWS, No. 47— Hopkins arrives. John G. Winant talks on foreign affairs. Churchill inspects naval base. Reserves at Annapolis. Bombers over Mt. Rainier. Notre Dame-N. Y. U. basketball. Santa Anita Derby. Hoppe plays billiards. Senators exercise in Washington gymna- sium. Baseball players in Florida training. NEWS OF THE DAY, No. 245— A day at Camp Dix. Airplane workers view finished product. Bathing at Rio de Janeiro. Churchill inspects naval bases. Hopkins arrives. Senators in reducing ex- ercises. Baseball stars in Florida. PARAMOUNT NEWS, No. SO— Patrol bombers over Mt. Rainier. American pilots arrive from London. Airplane work- ers see planes they built. Hopkins re- turns here. Mothers protest lend-lease bill in Washington. Tourists in Nassau: Windsor presents regatta trophies. Ice- boating in Michigan. Frank Leahy named Notre Dame football coach. Track meet in New York. Female wrestlers in Wash- ington. RKO PATHE NEWS. No. SO — Hopkins returns. Bombers shipped to England. Naval Reservists train at Annapolis. Dust storm in Colorado. Senators reduce in Washington. Hoppe holds billiard crown. Girls wrestle in Washington. Santa Anita Derby. Track meet in New York. Bob- sledding at Lake Placid. UNIVERSAL NEWSREEL, No. 955— Hopkins returns. Armored forces at Fort Benning. Bombers in formation flight. Aircraft workers see new planes. Naval Reserves sworn in. Senators in reducing session. Spring hats. Notre Dame tops N. Y. U. in basketball. Santa Anita Derby. Willie Hoppe retains billiard crown. Oriental Opens with 'Angels9 on Friday Chicago, Feb. 18. — "Hell's An- gels," which is being reissued, will re- open the Oriental in the Loop here on Friday, under the first week's man- agement by Michael Todd of the former Jones, Linick & Schaefer house. The bill will also have a stage show produced by Todd, called "Naughty Nineties." MOTION PICTURE DAI LY {Registered U. S. Patent Office) Published daily except Saturday, Sunday and holidays by Quigley Publishing Company, Inc., 1270 Sixth Avenue, Rockefeller Center. New York City. Telephone Circle 7-3100. Cable address, "Quigpubco, New York." Mar- tin Quigley, Editor-in-Chief and Publisher: Colvin Brown, Vice-President and General Manager; Watterson R. Rothacker, Vice- President; Sam Shain, Editor; Alfred L. Finestone, Managing Editor; James A. Cron, Advertising Manager; Chicago Bureau. 624 South Michigan Avenue, C. B. O'Neill. Manager; Hollywood Bureau. Postal Union Life Building, William R Weaver, Editor: London Bureau, 4 Golden Square, London Wl, Hope Williams, Manager, cable address "Quigpubco, London." All contents copy- righted 1941 by Quigley Publishing Com- pany, Inc. Other Quigley publications: Motion Picture Herald, Better Theatres. International Motion Picture Almanac and Fame. Entered as second class matter. Sept. 23, 1938, at the post office at New York, N. Y., under the act of March 3. 1879. Subscription rates per year $6 in the Americas and $12 foreign. Single copies 10c. California AMERICAN'S SOUTHERN SUNSHINE ROUTE •fa Five American Flagships daily take you along the Southern route across Virginia, Tennessee, and through the sunshine of Texas and Arizona to Los Angeles and the Pacific Coast. Save days of time, enjoy every minute of your trip. For reservations, call your Travel Agent or HAvemeyer 6-5000. Ticket Offices: 18 W. 49th St. at Rockefeller Center and Airlines Terminal, 42nd Street at Park Avenue. AMERICAN AIRLINES * ROUTE OF THE FLAGSHIPS HERE'S LOOKING AT YOU! METROSCOPIX! (new and improved successor to Audioscopix) As usual that gang of live-wire M-G-M Shorts Specialists is thinking up new ways to fascinate and intrigue your patrons. You got a big kick out of hearing your audiences scream and howl at M'G'M's two previous third-dimensional Audioscopix shorts, action that leaps right out of the screen! Now they've given the idea a new sock (hereafter called Metroscopix) and they've concocted a real old-fashioned mystery meller-drammer with spooks, spiders and skeletons that come right at you. Get set for the greatest novelty in show business! PETE SMITH'S "THIRD DIMENSIONAL MURDER Be first with the first Metroscopix — Book it now for MARCH 1st RELEASE 4 Motion Picture Daily Wednesday, February 19, 1941 'Live' Draws Good$13,500, Frisco's Best San Francisco, Feb. 18. — "Come Live with Me," paired with "The Mad Doctor" drew $13,500 at the Paramount. "High Sierra" and "Ride, Kelly, Ride" took $14,500 at the Fox. Estimated takings for the week end- ing Feb. 11-14: "Kitty Foyle" (RKO) GOLDEN GATE — (2,850) 35c-40c-55c) 7 days, 3rd week. Stage, vaudeville. Gross: $10,500. (Average, $15,000) "High Sierra" (W. B.) "Ride, Kelly, Ride" (Z0th-Fox) FOX — (5,000) (15c-35c-40c-50c) 7 days. Gross: $14,500. (Average, $16,000) "Night Train" (20th-Fox) "Maisie Was a Lady" (M-G-M) ST. FRANCIS— (1,400) (15c-35c-40c-50c) 7 days, 2nd week. Gross: $5,300. (Average, $6,000) "Trail of the Vigilantes" (Univ.) "Invisible Woman" (Univ.) ORPHEUM — (2,440) (15c-35c-40c-50c) 7 days. Gross: $9,500. (Average, $8,000) "The Long Voyage Home" (U. A.) UNITED ARTISTS— (1,200) (15c-35c-40c- 55c), 6 days, 2nd week. Gross: $6,500. (Average, $8,000) "Come Live With Me" (M-G-M) "The Mad Doctor" (Para.) PARAMOUNT— (2,740) Q5c-35c-40c-50) 7 days. Gross: $13,500. (Average, $11,500) "The Philadelphia Story" (M-G-M) "Jennie" (20th-Fox) WARFIELD — (2,680) (15c-35c-40c-50c) 7 days, 3rd week. Gross: $10,500. (Aver- age, $12,000) "Queen of La Scala" (foreign) CLAY— (400) (15c-35c-45) 7 days, 2nd week. Gross: $700. (Average, $1,000) Joins Universal Des Moines, Feb. 18. — Gene Post, former Republic booker here, has joined the Universal exchange as booker, succeeding Charles Elder. LOS ANGELES FLY THE CENTRAL, YEAR 'ROUND MAIN LINE AIRWAY Three flights daily offering scenic daylight service and two thru sleepers coast-to- coast without change of planes. Enjoy Mainliner serv- ice on the world's most ex- perienced airline. Reserva- tions: travel agents, hotels or UNITED AIR LINES Airlines Terminal: 80 E. 42nd St. 67 Wall St. Pennsylvania Hotel 649 Fifth Ave. MU-2-7300 Feature Review "Andy Hardy's Private Secretary (M-G-M) Z^1 HALK up another winner in the ever-lengthening list of "Hardy ^ Family" box-office tonics. "Andy Hardy's Private Secretary" is swell entertainment for the entire family, anywhere, anytime. It is all human, likeable and intensely natural and tops in entertainment values. Added to that group of players who have come to be also a part of American life, including Mickey Rooney as Andy, Lewis Stone as Judge Hardy, Fay Holden as Mrs. Hardy and Ann Rutherford as Polly Benedict, there is a newcomer, Kathryn Grayson, in what may be described as the title role. The girl definitely is worthy of special mention and billing attention on the part of the exhibitor. She is possessed of charm and a highly appealing personality, plus a really splendid singing voice, which she demonstrates most effectively in operatic and modern popular numbers. Miss Grayson certainly looks like a "find." Under the customarily able direction of George B. Seitz, Andy con- trives to get himself into a wholly new set of boyhood difficulties, with serious repercussions providing a good measure of dramatic backbone. The film is laden with tears and laughs, with comedy and the tragedy of childhood catastrophe, and it all adds up to grand all-purpose enter- tainment which should tell its own story on the black side of the exhibi- tor's ledger. Supporting the leading players are Sara Haden, Ian Hunter, George Breakston and Todd Karns, all contributing effectively to the work of a fine cast. Andy, about to graduate from high school, and as class president, the boss of just about.. everything connected with commencement, is urged by his father to be helpful to the brother and sister from across the tracks, Miss Grayson and Karns. His heljp results in making Miss Grayson his "private secretary," which gets him into romantic difficulties with Miss Rutherford, and causes him to ruin accidentally the chances of Miss Grayson's father to get a Government post arranged by Judge Hardy. But when Andy fails an examination and appears unlikely to graduate, the brother and sister come to the rescue, persuade the authorities to grant a new test, and Andy passes, while the other com- plications are straightened out to everyone's satisfaction. Running time, 101 minutes. "G."* Charles S. Aaronson *"G" denotes general classificatio Total Film Theatre Gross In 1939 at $673,045,000 {Continued from page 1) volume of business of the amusement industry; 56.2 per cent of the total employment and 58.4 per cent of the total pay roll, the Census Bureau found. A breakdown of the employment figures showed that in 1939 the pic- ture houses employed 103,879 full- time employes who were paid $124,- 165,000 and 21,805 part-time workers, who were paid $7,418,000. Legitimate Houses Increased The report showed also that the number of legitimate theatres, opera houses and theatrical productions to- taled 231 in 1939 against 158 in 1935 and had aggregate receipts of $32,461,- 000 compared with $19,630,000. The theatrical business — film and legitimate— accounted for $705,606,000 out of the total of $998,079,000 re- ported as the receipts of the whole amusement industry. The greatest number of establish- ments in 1939 (17,644) was reported for billiard and pool parlors and bowl- ing alleys ; but there were 245 amuse- ment parks, with receipts of $10,123,- 000 ; 56 horse and dog race tracks, with receipts of $43,507,000 ; 840 rid- ing academies, with receipts of $2,875,000, and 668 commercial swim- ming pools, with receipts of $2,815,000. Details of motion picture exhibition, showing admission by states, will be developed by the Census Bureau in later reports, now in the course of preparation. McDonough Handles RKO Program Films {Continued from page 1) The change is effective immediately. This was announced today by George J. Schaefer, president, who recently arrived here to take complete charge of studio operations. He will leave tomorrow for New York for two days of business conferences and then will return here for an indefinite stay. Schaefer also announced that Dan Winkler will continue in his present capacity in charge of studio talent commitments. Winkler is rounding out his first year with the studio. Hollywood Notes Hollywood, Feb. 18. ROBERT Z. LEONARD has been given a new contract as producer- director at M-G-M, marking the be- ginning of his 18th year with the com- pany. His next production will be "Two Women" . . . George Marshall, who directed Universal's "Destry Rides Again," will guide Columbia's "Texas," in which William Holden will play the top role . . . As^fcR Kennedy, Brenda Marshall, liam Lundigan, Olympe Brctka and Willie Best top the cast of Warners' "Highway West." William McGann will direct. Orville Dull, associated with John W. Considine for more than 10 years, has been elevated to the rank of producer at M-G-M . . . John Garfield, Ida Lupino, Eddie Albert, Thomas Mitchell and John Qua- len will be seen in Warners' "The Gentle People," from the Irwin Shaw play. Anatole Litvak directs . . . Lloyd Nolan, Constance Moore and Albert Dekker have been set for Paramount's "Buy Me That Town," Sol C. Siegel production . . . "Fly- ing Wind" is the new title for Mono- gram's "Air Devils," featuring the East Side Kids. • Monte Montana, rodeo star and film actor, will be featured in George Weeks' next Range Busters western for Monogram, "Tumbledown Ranch in Arizona" . . . Columbia has signed Otto Kruger and John Litel for roles in "Chain Gang," which Charles Barton will direct for Producer Wal- lace MacDonald . . . Producer Cliff Reid and Director Jack Hively have set Adolphe Menjou and Anne Shirley for RKO's "The Father Takes a Wife." • Columbia is lining up a pretentious cast for its musical, "Show Business," to be produced by Irving Starr. Rudy Vallee, Ann Miller, Glen Gray and his Casa Loma orchestra, William Gargan, Allen Jenkins and the Three Stooges have been set for the film, which Sidney Salkow will direct . . . Smiley Burnette will make a Republic picture without Gene Autry whom he supports in the musi- cal westerns. He will be featured in "Country Fair," and supported by Lulu Belle and Scotty, film-radio team. Hakim Brings Suit Raphael Hakim, owner of the French film, "The Baker's Wife," filed suit in Federal Court yesterday against The Baker's Wife, Inc., asking an injunc- tion, accounting and damages. Hakim claims that under a distribution con- tract the defendant was to file a week- ly accounting, but failed to do so, and terminated the film's run at the World Theatre here without his consent. Davidson Is Upheld The United States Circuit Court of Appeals yesterday upheld a Federal Court decision appointing James A. Davidson as trustee of Educational Pictures, Inc. The election of David- son was'contested by Harry G. From- berg, trustee of Grand National Pic- tures, on the ground that it was im- proper. Wednesday, February 19, 1941 Motion Picture Daily 5 440 Named to Act on Panels Of Arbitrators (Continued from page 1) Buffalo, 23 ; Charlotte, 21 ; Chicago, 12; Cincinnati, 13; Cleveland, 17 D?^=^ 9 ; Denver, 14 ; Detroit, 15 Knot's City, 9; Los Angeles, 18 ^Memphis, 8 ; Milwaukee, 19 ; Minne- apolis, 10 ; Des Moines, IS ; New Or- leans, 10 ; Oklahoma City, 10 ; Omaha 14; Philadelphia, 20; Pittsburgh, 9 Portland, 20; Salt Lake City, 18 St. Louis, 21 ; San Francisco, 10 Washington, D. C, 14. 10 Members Minimum Under the arbitration rules of the decree, a panel of at least 10 members must be named. Typical of those se- lected are the following : Atlanta — Dr. Harvey W. Cox, pres- ident Emory University, and A. W. Heden, district manager Sinclair Re- fining Co. Boston — Roy F. Williams, editor of Industry, and Raymond P. Baldwin, attorney. Buffalo — Thomas J. Reese, president, International Printing Ink Corp., and Henry P. Werner, chairman of the board of Best Foods, Inc. Charlotte — Ernest J. Beaty, professor, Davidson College, and W. M. McLaurine, secretary of American Cotton Manufacturers As- sociation. Chicago — Adolph Kroch, Kroch's Bookstores, Inc., and Benjamin Wham, president, Illinois Bar Association. Cincinnati — Thomas H. Morrow, Judge of the Common Pleas Court, and Frederick W. Carber, architect. Cleveland — Birkett L. Williams, auto dealer, and Lewis Wintersute, CPA. Dallas J. B. Aboue, Jr., president National Bank of Commerce, and Lewis W. MacNaughton, geologist. Denver — James E. Cartwright, pres- ident Cartwright Realty Co., and Charles A. Shinn, vice-president Den- ver Dry Goods Co. Detroit — Hugh Ferry, secretary and treasurer Pack- ard Motor Car Co., and Eugene A. Casaroll, president Automobile Ship- pers, Inc. Kansas City — Powell C. Groner, president, Kansas City Pub- lic Service Co., and Henry M. Shu- gart, attorney. Newspaper Executive on Panel Los Angeles — Captain Robert Henderson, Southern California News- papers Association, and Mark A. Pierce, mortuary president. Mem- phis— W. H. Jasspon, vice-president Perkins Oil Co., and Eugene Moore, district manager U. S. Rubber Co. Milwaukee — Dr. Henry L. Banzhaf, business manager Marquette Uni- versity, and Harry E. Christiansen, president General Lumber Co. Minne- apolis— Hiram A. Douglas, president, Citizens Morris Plan, and Arnett W. Leslie, president John Leslie Paper Co. Des Moines — John D. Adams, general secretary, Chamber of Com- merce, and E. S. Boudinot, engineer. New Orleans — Joseph Lallande, South- ern Pacific Railroad, and Paul Bross- man, dean of the College of Law, Tulane University. Oklahoma City — Carl Dalbey, vice- president Oklahoma City Hardware Co., and Aaron M. Weitzenhaffer, president, Davon Oil Co. Omaha — Thomas B. Coleman, Pittsburgh Plate 53 Arbitrators Appointed For Service on N. Y. Panel Fifty-three members of the panel of arbitrators for the New York local board, were formally presented their certificates of appointment yesterday by C. A7. Whitney, president of the American Arbitration Association, at a brief ceremony at association headquarters. There are 23 attorneys among the initial members of the pan- el. Additional appointments will be made from time to time, Whitney said. The New York panel is the largest named for any of the 31 local boards. The first New York complaint was filed with the local board here yester- day but was withheld from the press pending notification today to the par- ties involved. One Arbitrator to Decide Each complaint filed will be decided by a single arbitrator chosen from the panel by both sides to a dispute. Members of the New York panel are : Johnfritz Achelis, president, Com- mercial Factors Corp. ; Prof. Willard £. Atkins, chairman of Department of Economics, N. Y. U. ; Francis Ban- croft, vice-president, Pease & Elliman, realtors ; Andre L. Benel, vice-presi- dent and director of the executive com- mittee of Brown, Wheelock, Harris, Stevens, Inc., real estate ; James G. Blaine, president, Marine Midland Trust Co. ; William T. Bostwick, vice- president, Manhattan Warehouse & Storage Co. Also : Robert R. Bruce, attorney ; Robert Buechner, broker, Wain- wright, Luce & Willetts ; Frederick R. Cantzlaar, secretary-treasurer, Binney & Smith Co. ; William Peter Cava- naugh, attorney ; Julius Henry Cohen, general counsel, N. Y. State Chamber of Commerce ; Roscoe S. Conkling, attorney, National Food, Drugs & Cosmetics Board of Trade ; Robert Emmet Connolley, attorney ; Edward F. Darrell, Jr., N. W. Ayer & Son executive ; W. Palmer Dixon, broker, Carl M. Loeb, Rhoades & Co. ; Guy Emerson, vice-president, Bankers Trust Co. ; George H. Engelhard, at- torney ; Benedict Erstein, president, Erst Co., Inc. ; Paul L. Fitzpatrick, General Motors Corp. executive. Also : Osmond K. Fraenkel, attor- ney; Henry J. Fuller, director, Savage Arms Co. ; Roswell L. Gilpatric, at- torney; Jules Glaenzer, vice-president, Cartier, Inc. ; I. Edwin Goldwasser, vice-president, Commercial Factors Corp.; William J. Graham, vice-presi- dent and director, Equitable Life As- surance Society; Daniel H. Haynes, vice-president and director, American Machine & Foundry Co. ; S. Marshall Kempner, broker ; Milton P. Kupfer, attorney ; Warren Leslie, president, director and chairman of the board, Jamaica Water Supply Co.; Warren Leslie, Jr., attorney. Also : John T. McGovern, general counsel, Photo-Engravers Board of Trade of N. Y. C. ; Thomas S. Mc- Lane, president, Skidmore Coal Co., director, Douglas Gibbons & Co. ; Jo- seph Mayper, chairman and counsel, Trans-Atlantic Passenger Conference ; Morris B. Moskowitz, attorney ; Ma- jor B. H. Namm, president, Namm Department Store ; James A. O'Gor- man, Jr., attorney; John C. Pember- ton, attorney ; Lionel S. Popkin, at- torney. Also : George A. Spiegelberg, brok- er ; Francis Adams Truslow, attor- ney ; William T. Van Atten. vice- president, Dun & Bradstreet ; Hon. William H. Wadhams, former munici- pal judge; Frank L. Weil, attorney; Victor Weybright, managing editor, Survey Graphic Magazine ; William Gamble Woodward, treasurer, Will Harston, Inc., and broker ; C. Frank Crawford, ex-president, N. Y. Master Printers Association ; Eli Whitney Debevoise, attorney ; Roy Dickinson, president, Printers Ink Magazine ; Lucius R. Eastman, Jr., Hills Bros., importers ; James P. Gifford, profes- sor of law, Columbia University ; John Raiss, broker; J. Raymond Tiffany, general counsel, Interstate Sanitation Commission, and John K. Watson, at- torney. Glass Co., and C. P. Horn, Omaha Association of Credit Men. Philadelphia— A. E. Southgate, Philadelphia & Reading Coal & Iron Co., and H. Eugene Wheeler, treas- urer, N. W. Ayer & Son, Inc. Pitts- burgh— Charles F. C. Arensberg, at- torney, and W. C. Arthur, president and chairman of the board of Pitts- burgh Academy. Portland — I. D. Winslow, district manager, Pacific Telephone & Telegraph Co., and George W. Schoeffel, Oregon Mutual Life Insurance Co. Salt - Lake City — Earl J. Glade, vice-president and manager Radio Station KSL, and Henry J. Plumhof, retired railroad man. St. Louis — Charles M. Huttig, president St. Louis Lumber Co., and W. Stuart Syming- ton, president Emerson Electric Co. San Francisco — P. M. Downing, Pa- cific Gas & Electric Co., and William Fisher, importer-exporter. Washing- ton— Henry S. Owens, accountant, and Dr. Alexander V. Dye, physician. 2 New Censor Bills Planned for L. A, Los Angeles, Feb. 18. — Hearing on a proposed film and stage show cen- sorship ordinance which representa- tives of various organizations attended broke up late tonight with Council- man Norris J. Nelson abandoning his attempt to exempt films approved by the Production Code Administration. He is planning to draft two bills, one for stage shows and another for films. Upon being informed by attorneys that exemption of any group of films would be unconstitutional, Nelson said one new bill would provide for the city attorney to start injunction pro- ceedings to stop the exhibition of lewd films, putting the burden of proof on the exhibitor. The other measure would suspend a theatre license for putting on lewd stage shows. Decree to Be Submitted to Vote of Ascap (Continued from page 1) later action of the Ascap membership. The date for the membership meeting will be set today. Department of Justice Sees Decree This Week Washington, Feb. 18. — Department of Justice officials today expressed the belief that Ascap would come in with a consent decree this week, possibly tomorrow but more likely on Thurs- day, which would enable the prompt closing of the Milwaukee case against the society. The Department was advised that the Ascap board of directors met in New York again today to put the final touches on the decree. They said, however, that even if Ascap comes in with acceptable proposals immediate consummation of the agree- ment may not be possible because of the necessity for a final review of the document by Department experts to make sure it is in proper form. Anti-Ascap Bill Introduced in N. J. Trenton, Feb. 18. — Assemblyman J. Stanley Herbert of Monmouth yesterday introduced an anti-Ascap bill in the legislature which would prohibit "monopolistic abuses and ac- tivities wrongfully practiced under the guise of copyrights within the state by price-fixing combinations, monopolies and pools." Herbert said his measure was aimed at all com- binations of music publishing organ- izations. Ascap Sues Theatre For Infringement New Haven, Feb. 18. — Infringe- ment suit against Middletown Enter- prises, Inc., has been filed in the U. S. District Court here, on behalf of Gene Buck, president of Ascap, for Mills Music, Inc., and Irving Berlin. The alleged infringement occurred Au°\ 17, 1940, when the Capitol, Middletown, ran three vaudeville acts and "Ain't Misbehavin' " and "Careless" were rendered. Legitimate Group Enters Ascap Fight The League of New York Theatres, legitimate pro- ducers' theatre group, yester- day sought to enter the Ascap consent decree negotiations by filing a memorandum with the Department of Justice asking that the proposed de- cree incorporate a provision covering musical comedy pro- ducers. The provision, it was reported, would permit pro- ducers to negotiate with Ascap for a share of its royal- ties because of the use of songs from plays. Ascap of- ficials said the memorandum probably would not affect the proceedings. 6 Motion Picture Daily Wednesday, February 19, 1941 'Love' Tallies Fair $17,500, Los Angeles Los Angeles, Feb. 18. — "This Thing Called Love" in the second week, drew a total of $17,500. At the Hill- street, paired with "San Francisco Docks," it took $8,500, and at the Pantages, paired with "Meet the Chump" it drew $9,000. Estimated takings for week ending Feb. 12: "Tall, Dark and Handsome" (ZOth-Fox) "Keeping Company" (M-G-M) CHINESE — (2,500) (33c -44c -55c -75) 6 days. Gross: $8,000. (Average: $12,500) "Fantasia" (RKO) CARTHAY CIRCLE— (1,518) (55c to $1.65) 7 days, 2nd week. Gross: $15,500. (Average, $17,000) "Cheers Fcr Miss Bishop" (U. A.) 4 STAR— (900) (44c-55c) 7 days, 4th week. Gross: $3,200. (Average, $3,250) "This Thing Called Love" (Col.) "San Francisco Docks" (Univ.) HILLSTREET— (2,700) (33c-44c-55c-75) 7 days. "Love" 2nd week. Gross: $8,500. (Average, $6,500) "Tall, Dark and Handsome" (Fox) "Keeping Company" (M-G-M) LOEWS STATE— (2,500) (33c-44c-55c 75c) 7 days. Gross: $12,000. (Average, $14,000) "This Thing Called Love" (Col.) "Meet The Chump" (Univ.) PANTAGES— (3,000) (33c-44c-55c-75c) 7 days. "Love" 2nd week. Gross: $9,000. (Average, $7,000) "The Mad Doctor" (Para.) "The Monster and The Girl" (Para.) PARAMOUNT — (3,595) (33c-44c-55c-75). Stage: Andy Kirk and Orchestra and Sepia Revue. Gross: $15,000. (Average, $18,000) "Read Show" (U. A.) "Behind The News" (Rep.) WARNER BROS. (Hollvwood) — (3.000) (33c-44c-55c-75). Gross: $9,700. (Average, $14,000) "Read Show" (U. A.) "Behind The News" (Rep.) WARNER BROS. (Downtown) — (3,400) (33c-44c-55c-75c). Gross: $9,900. (Average, $12,000) 'Kitty Foyle' Pulls $9,000 in Toronto Toronto, Feb. 18. — "Kitty Foyle" made $9,000 at the Uptown for its second week. "This Thing Called Love" was good for $8,000 in the fourth week at the Imperial. "Gone With the Wind" registered $8,900 at Loew's for its third week. The weather was generally mild. Estimated takings for the week end- ing Feb. 15 : "This Thing Called Love" (Col.) IMPERIAL— (3,373) (15c-25c-35c-50c-75) 6 days, 4th week. Gross: $8,000. (Average, $9,000) "Gone With The Wind" (M-G-M) LOEW'S— (2.074) (25c-40c-50c-75c) 6 days, 3rd week. Gross: $8,900. (Average, $9,000) "Four Mothers" (W. B.) "The Case of The Black Parrott" (W. B.) SHEA'S— (2.663) (15c-25c-40c-50c) 6 days. Gross: $6,500. (Average, $7,500) "Arizona" (Col.) "Babies For Sale" (Col.) TTVOLI— (1.434) (15c-25c-40c) 6 days. Gross: $3,200. (Average, $3,900) "Kitty Foyle" (RKO) UPTOWN— (2,761) (15c-25c-35c-50c-75c) 6 days. 2nd week. Gross: $9,000. (Average, $9,000) Music Union Elects Glen Lyon, Pa., Feb. 18. — Local 696 of the American Federation of Musicians has reelected Rocco Alban- ese president. Other officers are : Jos- eph Dzialdowski, vice-president ; Jos- eph Noveral, recording secretary ; An- thony Supkowski, financial secretary ; Michael Danko, treasurer; John Womelsdorf , business agent ; Ignatz Czaratski, sergeant-at-arms. Merchants Seek To Reopen House Kansas City, Feb. 18.— Lo- cal merchants are organizing a cooperative company to buy the equipment of the theatre at Little River, Kan., closed some months ago, to bring about its reopening. 'Story' St. Louis High With $17,500 St. Louis, Feb. 18.— "The Philadel- phia Story" grossed $17,500 in its first week at the Loew's State, while grosses at other houses were down. Estimated takings for week ending Feb. 13: "Mr. and Mrs. Smith" (RKO) "Play Girl" (RKO) AMBASSADOR— (3,018) (28c-39c-44c-56c) 7 days. Gross: $9,000. (Average, $11,500) "Western Union" (20th-Fox) FOX— (5,038) (30c-40c-50c) 7 days. Gross: $10,000. (Average, $11,000) "The Philadelphia Story" (M-G-M) "Road Show" (U. A.) LOEW'S STATE — (3.162) (2Sc-39c-44c- 56c) 7 days. Gross: $17,500. (Average, $13,000). "Kitty Foyle" (RKO) "Second Chorus" (Para.) MISSOURI— (3,514) (30c-40c-50c) 7 days. Gross: $5,500. (Average, $4,000). "Behind the News" (Rep.) "Lucky Devils" (Univ.) ST. LOUIS— (4,000) (25c-35c). Gross: $1,500. (Average, $3,000). 'Street' at $9,100 Kansas City Lead Kansas City, Feb. 18. — "Back Street" drew a total of $9,100 at two houses, $4,300 at the Esquire and $4,800 at the Uptown. "Romance of the Rio Grande," aided by Clyde Mc- Coy and his band at the Tower, took $8,900. Estimated takings for the week end- ing Feb. 11-13 : "Back Street" (Univ.) ESQUIRE— (800) (28c -44c) 7 days. Gross: $4,300. (Average, $2,200) "Gene With The Wind" (M-G-M) MIDLAND— (4.000) (40c-56) 7 days, 3rd week. Gross: $9,000. (Average. $9,500) "Honeymoon For Three" (W. B.) NEWMAN — (1.900), (28c-44c) 7 days. Gross: $6,500. (Average, $7,000) "Santa Fe Trail" (W. B.) "She Couldn't Say No" (W. B.) ORPHEUM— (1.900) (2Sc-44) 7 days, 3rd week. Gross: $5,500. (Average, $5,000) "Romance of The Rio Grande" (20th-Fox) TOWER— (2,200) (30c) 7 days. Stage: Clyde McCoy and Orchestra, 3 Bennett Sisters, Dick Lee. Gross: $8,900. (Average. $6,000) "Back Street" (Univ.) UPTOWN — (2,000) (28c-44c) 7 days. Gross: $4,800. (Average, $3,000) Bill in Wisconsin Legalizes Betting Madison, Wis., Feb. 18. — A bill legalizing and licensing pari-mutuel horse race betting in the state has been introduced into the Wisconsin legis- lature. The measure was introduced by As- semblyman Nicholas Bichler. Similar measures have been strongly opposed by exhibitors during past legislative sessions and have been defeated. Assessment Reduced The assessed valuation of the New 14th Street Theatre has been reduced from $125,000 to $100,000 in settlement of the theatre's tax reduction applica- tion. Minneapolis Gives 'Command' $14,000 Minneapolis, Feb. 18. — "Flight Command," coupled with a strong stage show, led with $14,000 at the Orpheum. "Santa Fe Trail" did $11,- 000 at the State. Estimated takings for the week end- ing Feb. 14 : "Flight Command" (M-G-M) ORPHEUM — (2,800) (28c-39c-44c-55c) 7 days. Stage show with Kitty Carlisle, Ben Blue, Rufe Davis — Susanna Foster, Dolly Loehr added for 2 days. Gross, $14,000. (Average, $5,500) "Santa Fe Trail" (W. B.) STATE — (2,300) (28c-39c-44c) 7 days. Gross, $11,000. (Average, $6,000) "Philadelphia Story" (M-G-M) CENTURY— (1,600) (28c-44c) 7 days, 3rd week. Gross, $5,600. (Average, $4,000) "Long Voyage Home" (U. A.) WORLD— (350) (28c-39c-44c-55c) 7 days, 2nd week. Gross, $2,300. (Average, $1,600) "Escape to Glory" (Col.) GOPHER— (998) (28c) 6 davs. Gross, $2,000. (Average, $2,500) "Bowery Boy" (Rep.) MINNESOTA — (4,000) (28c-39c) Stage show including Anita Louise, Jackie Heller. 7 days. Gross, $5,900. (Average, $8,000) "Romance on the Rio Grande" (ZOth-Fox) 5 days. "Saint in Palm Springs" (RKO) 5 days. "Youth Will Be Served" (ZOth-Fox) 2 days "San Francisco Docks" (Univ.) 2 days. ASTER— (900; (15c-28c) 7 davs. Gross, $2,100. (Average, $1,800) 'Western' Garners $8,800, Milwaukee Milwaukee, Feb. 18. — "Western Union" and "Blonde Inspiration" at Fox's Wisconsin took $8,800. The Mills Brothers on the stage and the film "Behind the News" at the River- side, grossed §9,700. Estimated takings for the week end- ing Feb. 13 : "You're The One" (Para.) "The Mad Doctor" (Para.) PALACE— (2,400) (30c-40c-55c), 7 days. Gross: $6,000. (Average, $4,000). "Behind the News" (Rep.) RIVERSIDE — (2,700) (28c-44c) 7 days. Stage: Mills Brothers. Gross: $9,700. (Average, $6,500) "This Thing Called Love" (Col.) "Hudson's Bay" (ZOth-Fox) STRAND— (1,400) (30c-40c-55c) 7 days, 2nd week. Gross: $1,400. (Average, $1,500) "High Sierra" (W. B.) 'One Night in the Tropics" (Univ.) WARNER— (2,400) (30c-40c-55c) 7 days. Gross: $7,000. (Average, $4,500) "Western Union" (ZOth-Fox) "Blonde Inspiration" (M-G-M) WISCONSIN— (3,200) (30c-40c-55c) 7 days. Gross: $8,800. (Average, $5,500) 'Bagdad9 Is Omaha Lead with $6,600 Omaha, Feb. 18. — Bad weather pushed grosses downward. "Thief of Bagdad" at the Omaha drew $6,600. Heavy competition came from Sonja Henie ice revue. Estimated takings for the week end- ing Feb. 12-13 : "This Thing Called Love" (Col.) "Escape to Glory" (Col.) BRANDEIS— (1,200) (30c-40c-44c) 7 days, 2nd week. Gross: $3,400. (Average, $4,000) "The Thief of Bagdad" (U. A.) "A Little Bit of Heaven" (Univ.) OMAHA— (2,000) (30c -44c) 7 davs. Gross: $6,600. (Average, $6,000) "Trail of the Vigilantes" (Univ.) "Honeymoon for Three" (W. B.) ORPHEUM — (3.000) (30c-44c) 7 days. Gross: $6,800. (Average, $7,200) Takes N. T. S. Post Indianapolis, Feb. 18. — B. N. Peterson is here from the Cincinnati office to be the new manager of the local branch of the National Theatre Supply Co. He succeeds Don K. Smith. 'Mothers' Is Chicago High With $46,000 Chicago, Feb. 18. — "Four Mothers" with the Andrew Sisters and Gene Krupa on the stage drew $46,000 at the Chicago. "Screwballs of ljj^fci' a stage show, plus "South of^^;z" grossed $23,000 at the State-Lake. Estimated takings for week ending Feb. 14: "The Son of Monte Cristo" (U. A.) APOLLO— (1,400) (35c-55c-75c) 7 days. 2nd week. Gross: $3,500. (Average, $6,500) "Four Mothers" (W. B.) CHICAGO— (4,000) (35c-S5c-75c) 7 days. Stage: Andrews Sisters and Gene Krupa. Gross: $46,000. (Average, $32,000) "This Thing Called Love" (Col.) GARRICK— (1,000) (35c-55c-75c) 7 days. Gross: $5,000. (Average, $5,000) "Hit Parade" (Rep.) ORIENTAL— (3,200) (25c-40c) 7 days. Stage: variety unit. Gross: $15,000. (Aver- age: $13,000) "Kitty Foyle" (RKO) 3 days. "Saint in Palm Springs" (RKO) 3 days. "Buck Private" (Univ.) 4 days. "Play Girl" (RKO) 4 days. PALACE— (2,500) (35c-55c-75c) 7 days. Gross: $14,000. (Average, $11,000). "Flight Command" (M-G-M) ROOSEVELT-(1,500) (35c-55c-75) 7 days. 2nd week. Gross: $9,000. (Average, $11,000) "South of Suez" (W. B.) STATE-LAKE— (3,700) (25c-40c) 7 days. Stage: "Screwballs of 1941". Gross: $23,- 000. (Average, $15,000) "Philadelphia Story" (M-G-M) UNITED ARTISTS— (1,700) (35c-55c-75) 7 davs. 3rd week. Gross: $11,000. (Average, $14,000) $15,000 in Cincinnati 'Back Street' Gross Cincinnati, Feb. 18. — "Back Street" did $15,000 at the RKO Albee, and "Play Girl," on the RKO Shubert screen, took $12,000 in combination with a stage, show. Estimated takings for the week end- ing Feb. 11-15 : Back Street" (Univ.) RKO ALBEE— (3.300) (33c-40c-50c) 7 days. Gross: $15,000. (Average, $12,000) "High Sierra" (W. B.) RKO PALACE— (2,700) (33c-40c-50c) 5 days. Gross: $8,000. (Average, 7 days. $10,000) "Play Girl" (RKO) RKO SHUBERT— (2,150) (33c-44c-60c) 7 days. Stage: Milt Britton Revue and Patricia Ellis. Gross: $12,000. (Average, $10,000) "Mr. and Mrs. Smith" (RKO) RKO CAPITOL— (2,000) (33c-40c-50c) 7 days. 2nd week. Gross: $4,000. (Average, $5,500) "Four Mothers" (W. B.) RKO GRAND — (1,450) (33c-40c-50c) 7 days. Gross: $5,000. (Average, $5,000) "Honeymoon for Three" (W. B.) RKO LYRIC— (1,400) (28c-33c-52c) 7 days. 2nd week. Gross: $2,800. (Average, $4,500) "Behind the News" (Rep.) "Black Parrot" (W. B.) RKO FAMILY— (1,000) (15c -28c) 4 days. Gross: $1,100. (Average, $1,200) "Li'I Abner" (RKO) "Murder Over New York" (20th-Fox) RKO FAMILY — (1,000) (15c-28c) 3 days. Gross: $1,000. (Average, $800) "Tall, Dark and Handsome" (20th-Fox) KEITH'S— (1,500) (33c-40c-50c) 7 days. Gross: $3,000. (Average, $5,000) House Raises Price Denver, Feb. 18. — The Federal, north Denver suburban unit of Civic Theatres, recently raised evening ad- mission from 25 to 30 cents. They now book pictures in the house a month earlier than second run down- town theatres, and report attendance has not decreased due to the price boost. Wednesday, February 19, 1941 Motion Picture Daily 7 Sunday Films Win On Ballot Recount Greensburg, Pa., Feb. 18. — A recount of voting last No- Mvember shows that citizens of this Westmoreland County seat favor Sunday films. On the recount, the proposal to permit Sunday films carried by a slim margin of 12 votes. After the originally tally, it - — q announced the proposal rriL. I°st by 57 votes. The re- \ Count was ordered last week by Judge J. Hilary Keenan after supporters of the pro- posal filed a petition con- tending errors had been made in computing the origi- nal tally. New Booking Group Formed in Toronto Toronto, Feb. 18. — Consolidated Theatres Association, a co-operative booking syndicate for independent the- atres of Ontario with headquarters in Toronto, has been organized with the following officers : Morris Weiss, Colony Theatre, president; B. Gold- har, Paramount Theatre, vice-presi- dent ; Gus Soloway, Bloordale Theatre, treasurer ; Harry Romberg, Metro Theatre, secretary, and Harry S. Dahn, general manager. This is the second independent buy- ing group in the Toronto district, the other organization being the Exhi- bitors Booking Association of which Nat Taylor is the general manager. In Toronto alone, there are also four circuits. Very few exhibitors are now doing their own booking in Toronto and suburbs. Toronto's Blackout Rehearsal Dropped Toronto, Feb. 18. — There will be no blackout test in Toronto after all and the arrangements which local exhibi- tors had made to meet the situation have been dropped. Representatives of the Dominion Government, the mu- nicipal council and the Toronto War Savings Committee, under whose au- spices the experiment was to have been staged, could not agree on conditions for the rehearsal, although many sug- gestions were offered. The theatres affected had agreed to blacken out and to distribute pass-out checks among patrons so that the latter could return to their seats for the remainder of the show. A number of smaller cities in On- tario have staged blackouts, along with military demonstrations, fire brigade runs and bombing practice. Susanna Foster Due Susanna Foster, Paramount player now on tour, arrives here tomorrow. She will appear on the Kate Smith air show Friday in a radio version of "The Hard Boiled Canary," in which she is featured, and later on the Twen- ty Grand program. She will resume 'her tour Saturday in New England. Film at Carnegie The American premiere of "It Hap- pened to One Man," co-starring Wil- fred Lawson and Nora Swinburne, will be held at the Little Carnegie Playhouse on Saturday. The film was produced in England and is released here by RKO. Midnight Shows Arrangements are being made by the amusement industry division of the Greek War Relief Association to hold midnight shows during the week of March 25 in all theatres cooperat- ing with the divisions's activities. The date is the anniversary of Greek independence. Committees directed by 12 division chairmen are working in the 31 ex- change centers now to obtain theatre participation in the drive, which is nationwide. A two-minute short subject is being prepared in Hollywood for free dis- tribution to participating theatres. Joseph R. Vogel of Loew's, cam- Mo. Bill Planned to End Triple Features St. Louis, Feb. 18. — The Better Films Council of Greater St. Louis, which has launched a drive against triple bills, is planning to introduce a bill in the Missouri legislature now in session to limit the length of per- formances in theatres. Milton Napier, attorney for the council, said he has been instructed to prepare a draft of the bill, the pro- visions of which "will conform to the best medical advice." He said the council "almost at the end of the rope in its crusade," is resorting to the legislation as a last resort in or- der to convince the exhibitors of the necessity of eliminating triple bills. Legion Approves 7 Of Nine New Pictures Seven of nine new pictures reviewed by the Legion of Decency have been approved, fo_ur for general patronage and three for adults, and two have been classed as objectionable in part. The new films and their classification fol- low. Class A-l, Unobjectionable for General Patronage — "Father's Son," "Golden Hooves," "Petticoat Politics," "Wildcat of Tucson." Class A-2, Un- objectionable for Adults — "Murder Among Friends," "The Trial of Mary Dugan," "The Wagons Roll at Night." Class B, Objectionable in Part — "Back Street," "Hatred." Managers Shifted By Circuit in N. C. Columbia, S. C, Feb. 18.— T. Gray- son Poats, former manager of the Ritz here, has been transferred to Rock- ingham, N. C, as city manager for three houses. Succeeding Poats at the Ritz is Curtis H. Mees, who has been manager of the Strand in Colum- bia, and replacing Mees as manager of the_ Strand is Jack Jordan, formerly assistant manager of the Palmetto. Tom Allen, formerly assistant man- ager of the Ritz, succeeds Jordan at the Palmetto. Allen's post at the Ritz has gone to Frank D. Bryant of Marion, S. C. Cartoon Book Out Soon Foundation Books will publish shortly "How to Make Animated Car- toons," written and illustrated by Nat Falk, with a foreword by Paul Terry. for Greek Relief paign chairman for New York City, Albany and Buffalo areas, outlined plans for Greek War Relief Week at a luncheon yesterday at the Hotel Astor. Adolph Zukor, chairman of the Amusement Industry Division, and Spyros Skouras, active head of the national campaign, were guests of honor. Vogel announced receipt of pledges from the Loew, RKO, Warner, Paramount and National Theatres circuits. Pledges were made at the luncheon by representatives of the Radio City Music Hall, and the Brandt, Fabian, Brecher, Bolognino, Randforce, Casey & Wheeler, Century and Prudential circuits. Republic to Start Meetings on Coast Hollywood, Feb. 18. — First of a series of Republic regional sales meet- ings will be held at the studio here Feb. 27 to 29, to set plans for the last quarter of the current sales year. Plans are being made by James R. Grainger, president, and H. J. Yates following Grainger's arrival here to- day. All exchange managers, salesmen and bookers at Coast exchanges, and J. T. Sheffield, Republic franchise owner in the Northwest, are expected to attend the meeting here, at which M. J. Siegel, production chief, will sit in. Grainger will then leave to conduct sales meetings in the South, Midwest, East and in Canada. Hearings Held On Delivery Services Albany, Feb. 18. — The Public Ser- vice Commission held a public hear- ing here yesterday on charges that the State Film Delivery, Inc. had op- erated its trucks beyond limits set in its franchise as a motor carrier. State Film Delivery, Inc. contended through its attorney that it was forced to extend operations because Smith & Howell Delivery discontinued part of its service. Testimony of George E. Thornton, Saugerties exhibitor, was introduced in this phase. Tri- States Moves Kinsky and Grove Des Moines, Feb. 18.— G. Ralph Branton, general manager of Tri- States Theatre Corp., has appointed Joseph Kinsky, district manager in the Davenport territory, to manage the Omaha area and H. D. Grove, manager of the Fort Theatre in Rock Island, 111., as manager of the Daven- port district, following the resignation of Evert R. Cummings, Omaha dis- trict manager. The district office at Davenport will be moved to the Fort at Rock Island. K. C. Party Tomorrow Kansas City, Feb. 18.— The first social affair in the local Variety Club's 1941 program, a dinner, is an- nounced for Thursday. Hosts for this event will be Mr. and Mrs. C A. Schultz, Mr. and Mrs. O. K. Mason and Mr. and Mrs. Robert Withers. Exhibitor Problems Aired in Commons London, Feb. 18. — The shortage of British films and other difficulties of English exhibitors were brought up in the House of Commons today as members questioned Oliver Lyttleton, president of the British Board of Trade. Lyttleton replied that he has re- ceived representatives of the Cinema- tograph Exhibitors Association and has asked the Films Council to ad- vise him of appropriate action to be taken in the situation. It is understood that Harry P. E. Mears, president of the C.E.A., will ask for a meeting of all branches of the industry in the near future. The exhibitor organization is insisting that it is the duty of the Board of Trade to counter the current varying press reports by abandoning its policy of secrecy with regard to plans for the films industry and by making a public declaration of its intentions. Bernfield Now Manager Northampton, Mass., Feb. 18. — William P. Bernfield, for many years a theatre and film man in the Kansas City area, has taken over the manage- ment of the Calvin Theatre here. He is also handling publicity. In recent years Bernfield was exploitation rep- resentative for United Artists in the Midwest. MOTION PICTURE SOUND ENGINEERING ■ The Industry's leading sound engineers pre- pared this book for you! 547 pages, completely covering every practical method and process in present day sound engineering. Every detail of apparatus and its arrangement is minutely explained and profusely illustrated. Here is the practical answer to the perplex- ing problems of sound en- | gineering. Order today! ran $6.50 POSTPAID mi QUICLEY BOOKSHOP ROCEKELLER CENTER. NEW YORK 8 Motion Picture Daily Wednesday, February 19, 1941 Ask Nazis for News Of Hitler's Funeral Following the offer made last Friday over German short wave to accept collect messages from American lis- teners on the type of Nazi broadcasts they would like to hear, RCA Communications has received a number for transmission. The messages, which were limited to 25 words, cost the Germans $2.19 each, and were accepted by RCA because the German sta- tion had promised to pay for them. RCA declines to reveal the contents or the number of the messages transmitted, but it is reported that some are asking for programs giv- ings news of Hitler's funeral, an explanation of Italian de- feats in Africa, the Nazi viewpoint of the war and others in a similar vein. Seek FM Station For Philadelphia Washington, Feb. 18. — Plans for a new FM station at Philadelphia have been submitted to the Federal Com- munications Commission by the Gi- braltar Service Corp. in an application for a construction permit to operate on 46,100 kilocycles with a coverage of 9,318 square miles with a popula- tion of 3,998,402. Other applications received included the requests of Stations WABY, Al- bany, N. Y., for change of frequency from 1,370 to 1,210 kilocycles, and KICA, Clovis, N. M., for change of frequency from 1,370 to 1,210 kilocy- cles and increase of power from 100 to 250 watts. The commission announced that it had tentatively set March 6 as the date for a hearing on the contesting applications of Stephen R. Rintoul for a new 1,370-kilocycle, 250-watt sta- tion at Stamford, Conn., and Station WGNY, Newburgh, N. Y., for change of frequency from 1,370 to 1,220 kilocycles and extension to time from day to unlimited ; and March 28 for hearing on the application of Sta- tion KGNO, Dodge City, for increase of night power from 250 to 500 watts. Amusement Guide For K.C. Soldiers Kansas City, Feb. 18. — The first issue of a "Service Men's Amusement Guide," to be published weekly by the Kansas City Women Volunteers, Inc., for National Defense, is ready. It is a 10-page folder, pocket size. The cost of preparation and printing is covered by charges for pages devoted to downtown first run picture the- atres announcing their programs, and other amusement information for sol- diers. Fire in Philadelphia Indianapolis, Feb. 18. — The Ta- coma, 500-seat neighborhood house operated by Alf J. Ackerman, was damaged by fire today. No one was in the theatre at the time. Off the Antenna THE plan by which the New York Post was to have been merged with the Brooklyn Eagle has been abandoned, it has been learned. • • • Continuance for five more years of the "America's Town Meeting of the Air" over NBC-Blue was arranged yesterday. • • • Around the Country: Three members of the WLW, Cincinnati, staff became fathers during the past week. They were Eugene Patterson, short wave program manager ; Charles Wayne, rural broadcaster, and Buddy Ross, who is heard on "Boone County Jamboree" . . . Lowell MacMillan, WHEC, Rochester, sportscaster, who gave up a music career for sports announcing, will return to music Sunday when he sings with the Rochester Civic Orches- tra . . . John Nesbitt, language professor at Grove City College, has begun a series of news programs over WCAE, Pittsburgh, sponsored by Olsen Homes . . . Dwight A. Myer, formerly in charge of WBZ, Springfield, Mass., technical operations, has been appointed chief engineer of KDKA, Pittsburgh. F. M. Sloan succeeds Myer in Springfield . . . WWSW, Pittsburgh, is building a new control room to handle FM. • • • Program News: IVOR will celebrate its 19th anniversary on the air on Saturday . . . For the fifth year, Joseph Martinson & Co. has signed a contract zvith WQXR for 13 weekly station break announcements for 52 weeks . . . Illinois' Meat Co. has renezved "Play Broadcast" over four Mutual stations. • • • Purely Personal: Edythe J. Meserand, who has been serving as secretary to Dave Driscoll, head of IVOR special features, has been promoted to the special features staff. She< was formerly zvith NBC and Hearst Radio and, in her new job, zvill be in charge of booking talks and activities of special interest to women . . . Tom Connolly, CBS manager of program promotion, will address the Alabama Bottlers Association at Garden, Ala,, tomorrow. Before his return h& will visit the studios of WAPl, Birmingham . . . Edwin C. Hill, CBS news analyst, and James S. Appel, his manager, will speak to the Truck Fleet Owners Association at the Lord Baltimore Hotel, Baltimore, tomorrow . . . Samm Baker, producer of the "Qui.vie Doodle" show, is the father of a girl. Use Professionals For Camps: Equity An immediate start of negotiations for the use of professional actors to entertain men in Army camps is urged in the current issue of Equity, official organ of Actors Equity. An editorial points out that plans for regular pro- fessional entertainment will take a considerable period for formulation and asks that they be started at once. Declaring that the men are fre- quently told that they deserve "nothing but the best," the editorial continues, "In this instance it is entertainment and Equity feels and the men know that the best in entertainment is pro- fessional entertainment and they will not be satisfied with anything less, though they may have to take what they can get." The Equity council yesterday set March 28 at 2 P.M. as the time for the next quarterly membership meet- ing, to be held at the Hotel Astor. The principal business will be the elec- tion of a nominating committee of six members. The remaining three mem- bers of the committee are selected by the council. To Reelect Abernathy Pittsburgh, Feb. 18. — President Leo Abernathy of the International Alliance of Billposters, Billers and Distributors, was assured reelection for a fourth term as head of the Cen- tral Labor Union, when his opponent, Hunter Wharton, withdrew. 'Train' Set for S. A. Distribution of the English film, "Night Train," in Central and South America, excluding British territories, will be handled by 20th Century-Fox, which is releasing the film here, Wal- ter J. Hutchinson, director of foreign distribution, said yesterday. Sues for Costs of Ohio Games Action Troy, O., Feb. 18.— Andrew Atten- weiler, who, as a taxpayer, brought suit nearly two years ago against the Troy Amusement Co., seeking $500 exemplary damages and $10 as refund of admissions to the Mayflower, at which house he also sought to stop games on the ground of violation of the Ohio lottery law, has filed suit in Common Pleas Court against the same defendants for $1,410.72 as prin- cipal, surety on bonds and attorney fees in the original action. He claims to have suffered damages totaling $487.50, and incurred liability to his counsel, Michael E. Morris, for $923.22. Pa. Town Clamping Lid Shut on Games William sport, Pa., Feb. 18. — Deadline for clubs and organizations operating games in Lycoming County to end their activities was last night, according to a ruling made from the office of District Attorney Charles S. Williams. The action outlawing the games was taken by the county offi- cials, it is understood, after city au- thorities failed to take decisive steps. Several months ago the district at- torney ruled that games constitute a form of gambling and are in violation of existing Pennsylvania statutes. $75,000 Reported As Debt of AGVA The American Guild of Variety Art- ists is now in debt to the extent of $75,000, Gerald Griffin, who has been named temporary administrative chair- man of the union, declared yesterday. Administration expenses, especially in setting up of out-of-town locals, were the biggest factor in the accumJ»cion of tlie huge deficit. Griffin said. MR. Organizational work will W're- sumed at once, he asserted, with ex- ecutive secretaries of various locals throughout the country now in New York to aid the AGVA national board in planning a campaign. Griffin was named administrative chairman following the ouster last week of Hoyt Haddock as executive secretary and the subsequent resigna- tion of Dewey Barto, union president. Elections of new officers will take place in not less than 30 nor more than 60 days, Griffin said. Griffin is serving without pay. He is a member of the national board and was one of the majority group which voted for Haddock's ouster. Singer Signs With A.G.V.A. in Midwest Chicago, Feb. 18. — Mort H. Singer has signed a closed shop contract with the A.G.V.A for all his theatres, it was announced today by Jack Irving, president of the local guild. Singer operates theatres in the Midwest and is a Paramount partner in Minnesota. Exempt from Taxes Mexico City, Feb. 18. — Coahuila State, an important north central re- gion, has decided to assist all radio stations in its territory by exempting them from the state tax. This exemp- tion will be of particular benefit to the stations in Coahuila's largest cities, Saltillo, the capital, Piedras Negras, on the American border, and Torreon, center of Mexico's cotton industry. AG MA to Appeal Petrillo Decision The American Guild of Musical Art- ists yesterday filed notice of its inten- tion to carry its injunction suit against the American Federation of Musicians to the Court of Appeals. The New York Appellate Division last month reversed a Supreme Court decision and dismissed AGMA's suit. The suit was brought last August to restrain enforcement of an order by James C. Petrillo, A.F.M. president, that all instrumentalists who are mem- bers of AGMA must resign from that union and join the A.F.M. Petrillo set Labor Day, 1940, as the deadline for joining the A.F.M. but the suit prevented enforcement of the order. In the event the dismissal is upheld by the Court of Appeals, all concert instrumentalists will be compelled to join the A.F.M. or be prevented from appearing in any entertainment field where the musicians' union has con- tracts. AGMA has appealed for as- sistance to other performers' unions in the Associated Actors and Artistes of America but no action has been taken other than general pledges of support. Bill Bans Machines In Minnesota Bars Minneapolis, Feb. 18. — Represen- tatives Andrew U. Hayforth and William Huntala today introduced in the Minnesota legislature a bill pro- hibiting operation of film coin machines in places selling beer or liquor or both. The bill also would prevent the operation of films as entertainment without revenue. The latter provision is aimed at the projection of 16mm. films subjects, as a free show by the management of any establishment. Coin machines have begun to filter into a number of bars here. tion MOTION PICTURE DAILY and Impartial Ql,. 49. NO. 35 NEW YORK, U. S. A., THURSDAY, FEBRUARY 20, 1941 TEN CENTS ASCAP-U.S. DECREE OPENS WAY FOR RADIO ACCORD Decree Highlights Provides for Optional 'Per Program' or Blanket License, Clearance at Source, One-Song Membership Requirement By SHERWIN A. KANE and EDWARD GREIF The Ascap board of directors yesterday approved the proposed Federal consent decree which, when entered in U. S. District court here in the near future, will end the New York anti-trust suit pending since 1934 and the Government's recent criminal action against the society in Federal court at Milwaukee. Final accept- ance of the de- cree on the Gov- ernment's part rests withThur- man W. Arn- old, assistant U. S. Attorney General, who initiated the Ascap prosecu- tion. WhileAscap's acceptance of the decree is regarded as opening the way for the begin- ning of negotiations with the networks for new Ascap license agreements, broadcasters displayed little inclination yesterday to hasten the start of such negotiations. Their declared attitude (Continued on page 8) Broadcasters have option of paying for music on "per pro- gram" or blanket basis. Sta- tions will pay only for pro- grams using Ascap music. On network programs, entire fee will be paid by originating station. Ascap members permitted to deal directly with music users, but royalties will be distrib- uted by Ascap's formula. Ascap board vacancies to be filled by membership election, instead of by the board. Requirement for Ascap mem- bership is one published song, instead of five as at present. Government to terminate its Thurman Arnold 1 Complaint Is Filed With N.Y. Local Board Brooklyn Theatre Names 5 Major Companies First complaint filed for arbitra- tion with the New York local board under the Federal consent decree has been brought by the Hilary Theatre Corp., operating the Re- gent, Brooklyn, and names all five consenting distribution companies. The complaint, which was filed by Albert Margulies, sec- retary of the Hilary company, with Charles S. Wall, clerk of the local arbitration board, seeks the elimination of the seven days' clearance which is accorded the competing Apollo over the Regent. The complainant contends that the Regent played day and 'date with the Apollo up to the time of an N.RA. decision establishing the seven-day clearance. It contends that the houses are situated one mile apart and that the Regent's admission scale is five (Continued on page 4) Fear New Break in Italian Agreement Fear that other producers or dis- tributors may breach the "gentleman's agreement" not to sell films to Italy was expressed in trade circles here yesterday following disclosure that a deal has been made with an Italian agent for the Italian distribution rights to two David O. Selznick productions. It is known that Italy has been anxious to obtain Walt Disney's "Pin- occhio" and also has made overtures to Columbia and Universal in the past for bulk product. United Artists, which represented Selznick in the deal with Renato Sechia, described as an Italian trade representative in this country, said that the deal was closed about two months ago. The price of $32,000 was paid by Sechia for the Italian (Continued on page 4) Reviewed Today Reviews of "Ridin' the Cherokee Trail" and "Queen of Crime" will be found on Page 4. Kirsch Proposes Arbitration Bureau To Illinois Allied Chicago, Feb. 19. — Jack Kirsch, president of Allied of Illinois, today proposed to the organization's annual meeting that it set up a central com- plaint bureau which will instruct mem- bers in the procedure for filing arbi- tration cases under the Federal con- sent decree, and to advise exhibitors on their rights and benefits under the decree. All present officers and directors were reelected at the meeting, held at the Congress Hotel. Kirsch's three- year contract as president has two years to run, and he therefore was not a candidate. Others reelected were Van Nomikos, vice-president ; Richard Salkin, secretary and treasur- er, and Harry Nepo, sergeant-at-arms. May Regulate Coin Films In his annual report, Kirsch dis- closed that a contract had been signed by Allied with the Chicago Theatrical Janitors' Union, Local 25, calling for a wage increase of five per cent, re- troactive to Jan. 1. Kirsch said that the police censor board has indicated that it will insist all coin machine films be passed on by the board. A special license for the machines, costing much more than the license for music machines, may be en- acted by the city council, Kirsch stated. Print 'Railroading' Stopped The constant campaign by Allied to have_ exchanges discontinue the "rail- roading" of prints has resulted in the virtual elimination of this practice in Chicago, it was reported by Kirsch. All members at the meeting signed pledges of cooperation with the indus- try's committee on national defense. London, Feb. 19. — Rigid control and censorship of the French film and theatre industry by Nazi military authorities in occupied France has been established, according to inform- ation reaching London. Under Nazi control, foreigners and Jews are excluded from positions of importance in the industry. The dis- tribution of newsreels and instruc- tional films supervised by Nazis is be- ing extended and the type and trend of French films is being influenced. The new regulations state explicitly that the censorship will not be 1934 anti-trust suit pending in New York and the one brought recently in Milwaukee. merehy passive but has been designed to guide the work of producers. Nothing likely to embarrass the French or German Governments or the Nazi military command will be permitted in French productions or newsreels. The position of Marshal Petain must be treated with scrupulous care and there must be no mention of the German army, navy or air force, or the disposition or movement of troops. No allusion to General de Gaulle or to Great Britain is per- (Continued on page 4) Majors Again Weigh Short -Wave to S.A. A sub-committee representing major company foreign publicity departments has been appointed to re-explore the advisability of industry participation in short-wave broadcasts to South America on a commercial basis. The committee includes Dave Blum, Loew's ; Jerry Keyser, Warners ; For- tune Baronat, Universal, and Kenneth Clark, representing the M.P.P.D.A. The sub-committee is charged with examining the entire question of in- dustry participation in the Latin American broadcasts and the formu- lation of a practicable plan, if par- ticipation is considered advisable. Should a plan be developed and approved by the complete committee of foreign publicity managers it will then be submitted to the heads of (Continued on page 4) Strict Nazi Film Control Is Exercised in France 2 Motion Picture Daily Thursday, February 20, 1941 Coast Flashes Hollywood, Feb. 19 PROSPECT of a settlement caused the deletion from the Federal dis- trict court calendar in Los Angeles today of the damage suit brought by Lou Bard's Colcata Corp. against Fox West Coast and major distributors for alleged refusal to permit the Colorado Theatre in Pasadena to obtain "satis- factory" product. • Republic today shifted the dates of its Coast regional quarterly sales meet- ing from Feb. 27-28 to Feb. 24-25. The new schedule calls for the Mid- west meeting to be held in Kansas City Feb. 27-28; the Southern session in Atlanta March 3-4; Eastern in New York, March 6-7, and the Cana- dian in Toronto on April 1. George West, Monogram franchise holder in St. Louis, Kansas City and Cincinnati, has arrived here from New York for an extended stay. Personal Mention Some Smiths Attend Music Hall Opening Some notable Smiths of New York and vicinity will attend the premiere of the RKO film, "Mr. and Mrs. Smith," this evening at the Radio City Music Hall, as guests of A. W. Smith, Jr., sales manager of RKO. Among the Smiths invited to the party are Mr. and Mrs. Al Smith, Al Smith, Jr., Kate Smith, Horton Smith, golfer, and Fred Smith, who founded the "Fred Smiths of Amer- EK. O'SHEA, central division • manager for M-G-M, returned yesterday from a tour of exchanges in his territory. Walter Gould, United Artists for- eign manager, will leave for Florida today for a vacation. • John W. Hicks, Paramount vice- president and foreign manager, re- turned to New York yesterday from the Midwest. Dennis F. O'brien, United Artists' counsel, will leave for the Coast to- morrow for a three weeks' stay, com- bining business and a vacation. • Jesse Goldburg arrived here yes- terday from the Coast. • Lester Park is in town from Cali- fornia. • Hazel Kirkbride, secretary to W. E. Gregory of Altec Service Corp., and Frank W. Nelson of H. J. Griffith Theatres, were married recently at Junction City, Kan. • Frank Culp, veteran Denver ex- hibitor, is recovering after two opera- tions. • Harry Goodrich, manager of the Fox Ogden in Denver, is vacationing in California. Emerson Yorke will leave for Bos- ton today. Oscar Levant returns tomorrow from the Coast. Hellinger Resigns Hollywood, Feb. 19. — Mark Hel- linger, Warners associate producer, has submitted his resignation to the studio. He said he probably would remain until his next assignment, "Hard to Get," is completed. His contract has a year and a half to run. TACK MOSS, Walter Wanger «J production executive, is in town from Hollywood. • George Batcheller, supervisor of production for Producers Releasing Corp. and Adele Palmer, Republic costume designer, will be married on the Coast in June. • John A. Schwalm, manager of the Northio Circuit's Rialto at Hamilton, O., left this week for a vacation in California. Jack Hively leaves for the Coast tomorrow. • Monroe Greenthal, Edward Pes- kay, Sam Tulpan and Rube Jack- ter lunching at Lindy's (next to the Rivoli) yesterday. • Moe Streimer, Charles Paine, Alan Freedman and Sam Citron lunching at the Tavern yesterday. Joseph Moskowitz, Arthur Gott- lieb, J. J. Milstein and Jack Goetz at Lindy's (Slst St.) yesterday for lunch. • William F. Rodgers, Oscar Doob, George Skouras, Russell Holman, John W. Hicks, Adolph Zukor and Lou Dreyfus having lunch at Nick's Hunting Room yesterday. Otto Preminger, Max Gordon, Russel Crouse, Frances Farmer, Betty Field, Robert Milton and Luther Adler having lunch yesterday at Sardi's. Wilkie Theft Victim A few minutes after Al Wilkie, Paramount publicity manager, re- turned from a Florida vacation yesterday morning by car, the con- tents of his parked automobile were stolen in downtown Manhattan. The theft, which included his luggage, was reported to the police. FLY A HIGHER SKYWAY To LOS ANGELES $149.95 TWA 4-Engine Stratoliners fly higher. Up there, the air is calmer, flight is smoother, travel faster. It's only 15 hours, 3 8 minutes to Los Angeles, when you fly the "Super Sky Chief," TWA's Transcontinental Stratoliner. Information, Reservations: Call Your Travel Agent or MURRAYHILL 2-1122 Air Lines Terminal Building Park Avenue at 42nd Street . 24-Hour Reservation Service A Expect 600 at Party Of Columbian Club About 600 persons, including many New York exhibitors and Columbia executives, are expected to attend the 11th annual dinner dance of the Columbian Club in the grand ball- room of the Waldorf-Astoria Satur- day night. Harry Hershfield will be master of ceremonies. Screen and stage players will entertain. Columbia Releasing Short from England "This Is England," British short subject recently brought over by Harry Hopkins, emissary of Presi- dent Roosevelt, is to be released by Columbia, the company announced yesterday. Edward Murrow, London commentator for CBS, does the nar- ration for the subject. Dee Lowrance to NEA Hollywood, Feb. 19. — Dee Low- rance has resigned from the Para- mount Studio publicity department to become associated with the Newspa- per Enterprise Association. CHANGE TO ALTEC SERVICE A CHANGE FOR THE BETTER jUIEC 250 West 57th Street ■ New York City Snakes Alive! Tom Waller, Bob Gillham's big game expert at Para- mount, is said to be the in- stigator of a press party the company is giving today on behalf of the new film, "The Lady Eve." The chief guest is a snake, borrowed for the affair from one of the zoos. It will go on exhibition for the press at the Club Copaca- bana, sometime around 4 P. M. The snake is a 52-incJt*. reptile of the king variety, u will be locked up, of course, in a box of golden hue. War Story Parallels Wanger Film Theme The New York Post yesterday carried a United Press story from London indicating that Netherlands authorities in London are investigat- ing a report that Jonkheer Dirk Jan de Geer, former Dutch premiere, had been kidnaped in Portugal and taken to Germany by plane. The story, in a bracketed editor's note, points out that the de Geer report parallels the "fantastic situa- tion" in the United Artists- Walter Wanger film, "Foreign Correspond- ent," in which a Netherlands Govern- ment official, "Van Meer," is ab- ducted by the Nazis and tortured. Mulhall Into Army; Morgan Gets Post Philadelphia, Feb. 19. — John L. Mulhall, Warner Theatres suburban district manager, has been called into the Army with the rank of Captain, and has been ordered to Fort Bragg, N. C. During Mulhall's absence, his place will be taken by William Morgan, manager of the Grand, Vineland, N. J. Mulhall's territory included Chester, Westchester, Ambler, Willow Grove and Reading, Pa., and Wilmington, Del. Briggs Due in March O. Henry Briggs, president of Pro- ducers Releasing Corp., is expected to leave the Coast March 1, stopping off for visits with franchise holders en route East. MOTION PICTURE DAILY {Registered U. S. Patent Office) Published daily except Saturday, Sunday and holidays by Quigley Publishing Company. Inc., 1270 Sixth Avenue, Rockefeller Center, New York City. Telephone Circle 7-3100. Cable address, "Quigpubco, New York." Mar- tin Quigley, Editor-in-Chief and Publisher; Colvin Brown, Vice-President and General Manager; Watterson R. Rothacker, Vice- President; Sam Shain, Editor; Alfred L. Finestone, Managing Editor; James A. Cron, Advertising Manager; Chicago Bureau, 624 South Michigan Avenue, C. B. O'Neill. Manager; Hollywood Bureau, Postal Union Life Building, William R. Weaver, Editor; London Bureau, 4 Golden Square, London Wl, Hope Williams, Manager, cable address "Quigpubco, London." All contents copy- righted 1941 by Quigley Publishing Com- pany, Inc. Other Quigley publications: Motion Picture Herald, Better Theatres, International Motion Picture Almanac and Fame. Entered as second class matter. Sept. 23, 1938, at the post office at New York, N. Y.p under the act of March 3, 1879. Subscription rates per year $6 in the Americas and $12 foreign. Single copies 10c. JAMES CAGNEY OLIVIA DeHAVILLAND mS STRAWBERRY BLONDE with RITA HAYWORTH ~ tHHD HELD . HELD HELD' HBi0 «' HftO HELD i OVER OVER :0y'£R: OVER OVER OVER^ Warners again! v V also ALAN HALE • JACK CARSON • GEORGE TOBIAS • Directed by RAOUL WALSH Screen Play by Julius J. and Phiiip G. Epstein • From a Play by James Hagan EVERYBODY'S DOING IT! 4 Motion Picture Daily Thursday, February 20, 1941 Feature Reviews "Ridin' the Cherokee Trail" (Monogram) Hollywood, Feb. 19 " A RKANSAS SLIM" Andrews and the "Tennessee Ramblers" are featured in this nineteenth of the Monogram westerns starring Tex Ritter. The five "Ramblers" are also known as the "Arizona Ranch Hands," and are heard over radio station WBT in Charlotte, N. C. Ritter and "Slim," Texas Rangers both, cross the border into the Cherokee Strip and finally manage to bring to justice the territory's ruling spirit, who fancies himself czar of the neighborhood, and is pre- venting attempts to bring the Strip into Oklahoma Territory. Forrest Taylor interprets the character, which is somewhat overdrawn in the writing. Eight songs are heard, four written by Jack Gillette and Harry Blair ; one by Andrews; another by Ritter and Andrews; one by Jack Smith, and one by Johnny Lange and Lew Porter. Rounding out the cast are Batty Miles, Jack Roper, Fred Burns and Bruce Nolan. Edward F. Finney produced and Spencer G. Bennett directed the film. Running time, 62 minutes. "G."* W. S. "Queen of Crime" (Film Alliance) HP HIS is an Edgar Wallace story produced in England about three years ago, with two Hollywood- players who will be immediately recognized, Genevieve Tobin and Noel Madison, and with various Britons with whom audiences are not so familiar. Reginald Denham directed. It is an improbable melodrama which concerns Miss Tobin, as a gang leader directing a big gold robbery, and a Scotland Yard detective, Jack Hulbert, who strives to be funny on every occasion, but without marked success. Moreover, many of his speeches are not carried clearly enough, resulting in what sounds like a British version of Broadway double talk. The photography about meets requirements. Running time, 55 minutes. "G."* Complaint Is Filed With N.Y. Local Board (.Continued from page 1) cents more than the Apollo's, making the clearance in the Apollo's favor un- warranted. The Apollo is operated by Argosy Amusement Corp. (George Stamatis) as part of the Cocalis circuit. First N. O. Case Filed New Orleans, Feb. 19— The first demand for arbitration filed with the local board was made today by Charles K. Woolner, president of Modern Theatres, Inc., operator of a drive-in theatre here. Woolner's complaint charges Paramount with refusing to license his open-air thea- tre on Canal Drive for "some" run. Colorado Overbuying Case The first complaint filed with the Denver arbitration board, which was reported in Motion Picture Daily yesterday, asks a redistribution _ of product between Joseph J. Goodstein's Longmont and the Fox, at Longmont, Colo. The complainant, Goodstein, charges that the Fox Intermountain house is overbought and can't use its entire film supply. Goodstein charges that the Fox house has exclusive contracts with 20th Century-Fox, Loew's Paramount, Universal, Columbia, United Artists and Monogram, whereas his theatre has insufficient product available from only Warners, RKO and Republic. Strausberg Wins Stockholder Suit N. Y. Supreme Court Justice Sam- uel Hofstadter has dismissed a minor- ity stockholders' suit against Samuel Strausberg, head of Interboro The- atres, Inc., of Brooklyn. The suit was instituted in 1937 and alleged that certain changes in stock ownership had been brought about through fraud. Justice Hofstadter, after a lengthy description of the financial transac- tions involved, pointed out that the plaintiffs, Abraham Werbelovsky, Samuel Small, William Small, August Small, Mendel Lerner and Harry Gross, had apparently been "satisfied with the result, but now that the finan- cial prospect of the new corporation has become brighter, due in great part to the effort and attention of Straus- berg, they seek to undo what they had previously consented to and ac- quiesced in." In dismissing the suit, Justice Hof- stadter also observed, "We are deal- ing here with a close corporation whose few stockholders are shrewd and suspicious business men who gave no impression on the witness stand of being either guileless or credulous. The}' met frequently and took an ac- tive interest in the affairs of the cor- poration and whatever they did or consented to was scrutinized carefully by counsel of their own choosing be- fore action was taken." G" denotes general classification. Strict Nazi Film Control in France (.Continued from page 1) mitted and there must be no polemics about the armistice with France, it is said. If reference is made to diplomatic news, the only versions to be quoted are those issued by the German official news agency or given in German broadcasts in French. Similar prohibitions are enforced under the new regulations in respect to theatres and music halls. No news originating in unoccupied France may be used without the approval of the German military press bureau. Early Player Dies Oakland, Cal., Feb. 19. — William M. MacDowell, screen player of the early silent days, died here today at the Masonic Home at the age of 84. Majors Again Weigh Short-Wave to S. A. (Continued from page 1) major company foreign departments for consideration. The present consensus of the com- mittee is that participation in com- mercial short wave broadcasts is im- practical from a business viewpoint at this time but might be worthwhile as an industry gesture on behalf of the Government's desire for improved relations between North and South America. Blumenthal Producer Hollywood, Feb. 19. — Richard Blu- menthal, assistant for several years to Arthur Hornblow, Jr., Paramount producer, has been appointed associ- ate producer for Paramount. Jan. Tax Revenue Off to $6,583,278 Washington, Feb. 19. — Federal admission tax collections last month touched the lowest figure for any month since September, $6,583,278, but while $70,693 under the December total of $6,653,971, remained $5,096,- 743 above the January, 1940, receipts of $1,486,534, it was reported tonight by the Internal Revenue Bureau. Collections for the first s&"rz months of the current fiscal year„ ex of them reflecting the increased re\<_ nue from the reduction of the exemp- tion from 40 to 20 cents, reached a total of $38,898,819, an increase of $26,692,200 over the §12,206,619 re- corded for the corresponding period a year ago, it was announced. Broadway Increase Contrary to experience nationally, collections in the Third New York (Broadway) District showed an in- crease last month, totaling $1,287,553 against $1,193,461 in December, it was stated. The improvement was due to an increase in box-office col- lections from $1,109,505 to $1,212,546 and on brokers' sales from $12,610 to $15,888. Receipts from tickets sold by pro- prietors in excess of established prices, on the other hand, dropped from $155 to $151 ; permanent use or lease of boxes and seats from $25 to $5, and admissions to roof gardens and cabarets from $71,167 to $58,962. January collections in the Broadway sector were well over §1,000,000 above the $192,233 reported for that month last year, it was shown. Fear New Break in Italian Agreement (Continued from page 1) rights to "Rebecca" and "Intermezzo" for five years. The deal was a cash transaction. It gives the purchaser the right only to show the pictures in Italy and the pur- chaser is to pay the print cost. Selznick was said to have broached the subject of the sale to trade offi- cials here last Summer, giving as his reason his desire to dispose of the rights in order to aid in the liquidation of Selznick-International Pictures, which was in progress at that time. Budd Rogers, representative here for British producers, has been men- tioned in connection with the deal, but yesterday he denied any association with it. The M. P. P. D. A., which has strongly supported the trade agree- ment against doing business with Italy since the Italian film industry was made a Government monopoly more than two years ago, said that it had not been informed that the deal had been closed. It was stated that the "gentleman's agreement" was still in effect and it was hoped that it would continue so. 'Dictator' in Phila. Philadelphia, Feb. 19. — "The Great Dictator" will have its regular run here at the Stanton, first run Warner house. It will open March 8, for an extended run. It played the Aldine on a two-a-day basis last Fall. Mexican Trade Hopes for Better Labor Relations After Convention Mexico City, Feb. 19. — The Mexican film industry is looking forward hopefully to better labor relations following the annual convention of the Confederation of Mexican Workers, which opens here Feb. 25. The industry hopes are built on reports that a majority of the organizations which make up the Confederation have promised to vote for Fidel Velazquez, now Confederation publicity chief, to replace Vincente Toledano, head of the organization for many years. It is believed that Confederation policies will be decidedly less radical with Toledano replaced. Labor difficulties have been a serious problem to the, industry for the past several years. INTELLIGENCE IN MOTION PICTURE ADVERTISING by Kenneth Collins Mr. Collins, assistant to the Publisher of the New York Times, was formerly Publicity Director of Macy's and Gimbel's and is author of many books on ad- vertising. He is recognized as a noted authority on selling and merchandising. OOME ten years ago, I did a very rude thing. ! addressed a group of motion picture advertising people, and told them that I thought the advertising for the movies was about the worst in the country. I was particularly rude because I had just eaten lunch at their expense, and had been invited to tell them pleasant things. But I said what I thought was then true. I couldn't make that talk today. For a number of years, I've watched mov- ing picture advertising with increasing admiration. And in Twentieth Century- Fox's current campaign for TOBACCO ROAD, I see what to me is a particularly intelligent series. Now, in the last analysis, intelligent advertising is the kind of copy that "sells the goods." In the case of moving picture theatres, it's the kind that makes people buy tickets. I think this campaign will do just that. Nearly every adult in the United States has heard about the play TOBACCO ROAD. As a mat- ter of fact, it has been presented on stages in all but six states of the Union, so an advertising campaign about the play itself is not now necessary. The important thing is that TOBACCO ROAD is now on the screen. This series of advertisements sells that idea. It starts from the assumption that most people know about the play, want to see it, and then lets them realize that at last it is available in their favorite moving picture theatres. Thus the advertising problem becomes chiefly one of circulation. Twentieth Century- Fox apparently realized this and set out to get the greatest possible circulation, using every medium to tell the people in the metropolitan area that TOBACCO ROAD was coming to the Roxy screen. As an advertising man, I'm particularly gratified with the excellence of the photos and the strong dramatic nature of the layouts. It is my belief that the exhibitors who follow the New York campaign will meet with tremendous success. ~ NEW YORK'S "TOBACCO ROAD" CAMPAIGN - INCLUDING THE ENTIRE SERIES OF ROXY ADS WHICH MR. COLLINS LIKES SO MUCH - NOW AVAIL- ABLE IN A SENSATIONAL 16-PAGE SHOWMANSHIP MANUAL WHICH IS THE TALK OF THE TRADE! ASK FOR IT — AT YOUR 20TH CENTURY-FOX EXCHANGE! e « si'* ** "§ .2 a * ^ a IS t> 3 g © a *s © g ■a *s: § *^ 8* aq © «0 «© ti v 2 * S - y 0 C — cq 0 as S - WARNERS High Sierra (D) 556 H. Bogart Ida Lupino Father's Son (D) 520 John Litel F. Inescort Flight from Destiny (D) T. Mitchell Jeffrey Lynn Great Mr. Nobody (C) Eddie Albert Joan Leslie Strawberry Blonde (D) James Cagney \ 0. De Havilland Shadows on the Stairs (D) F. Inescort P. Cavanagh Footsteps in the Dark (C) Errol Flynn B. Marshall Here Comes Happiness (D) Mildred Coles Edward Norris The Sea Wolf (D) Ed. G. Robinson Lupino-Garfield Knockout (D) Art Kennedy Olympe Bradna UNIVERSAL Buck Privates (C) Abbott-Costello Andrew Sisters Back Street (D) Charles Boyer M. Sullavan Meet the Chump (C) Hugh Herbert Jeanne Kelly Nice Girl (D) Deanna Durbin Franchot Tone Dark Streets of Cairo (D) Ralph Byrd Sigrid Gurie Mr. Dynamite (D) Lloyd Nolan Irene Hervey Model Wife (C) Joan Blondell Dick Powell Double Date (D) Peggy Moran Rand Brooks Lady from Cheyenne (O) L. Young Robert Preston Mutiny in the Arctic (D) Man-Made Monster (D) H e.x I « £Q £ 4J . E^' < Road Show (C) Adolphe Menjou Carole Landis So Ends Our Night (D) Fredric March M. Sullavan Cheers for Miss Bishop (D) Martha Scott William Gargan 20TH-FOX Tall, Dark and Handsome (C) 128 Cesar Romero Girl in the News (D) 127 Valerie Hobson B. K. Barnes Ride, Kelly Ride (C) 129 E. Pallette Golden Hoofs (C) 130 Jane Withers Buddy Rogers Western Union (D) 126 Scott-Jagger Robert Young Murder Among Friends (D) M. Weaver John Hubbard Tobacco Road (D) C. Grapewin Gene Tierney Murder Among Friends (D) M. Weaver John Hubbard The Outlaw (O) Walter Huston Jane Russell Dead Men Tell (D) Sidney Toler K. Aldridge Scotland Yard (D) 131 John Loder Nancy Kelly That Night in Rio (M) Alice Faye RKO RADIO Saint in Palm Springs (D) 116 George Sanders Wendy Barrie Mr. and Mrs. Smith (C) 117 Carole Lombard R. Montgomery Along the Rio Grande (O) 183 Tim Holt Ray Whitley ' Play Girl (D) 121 Kay Francis James Ellison Scattergood Baines (D) 123 Guy Kibbee Dink Trout Citizen Kane (D) 118 Orson Welles A Girl, A Gob and A Guy (C) George Murphy Lucille Ball Footlight Fever (D) 119 Alan Mowbray Donald McBride Melody for Three (D) Jean Hersholt Repent at Leisure (C) Kent Taylor Wendy Barrie to •2 v » 5 < ■Si*- •-On Q M REPUBLIC Ridin' On a Rainbow (O) 044 Gene Autry Arkansas Judge (C) 010 The Weavers Roy Rogers Petticoat Politics (C) 020 Higgins Family The Phantom Cowboy (O) 075 Don "Red" Barry Prairie Pioneers (O) 065 3 Mesquiteers Great Train Robbery (O) Bob Steele Claire Carleton Citadel of Crime (D) John Wayne Frances Dee Back in the Saddle (O) Gene Autry Smiley Burnette Mr. District Attorney (D) Florence Rice Dennis O'Keeje In Old Cheyenne (O) Roy Rogers Gabby Hayes "3 < .2 | \ o V, M "a c ta S« PARA. Aldrich Family in Life with Henry (C) Jackie Cooper You're the One (M) Bonnie Baker Orrin Tucker The Mad Doctor (D) B. Rathbone Ellen Drew Virginia (O) F. MacMurray M. Carroll In Old Colorado (O) William Boyd Russell Hayden The Hard-Boiled Canary (M) 4020 Allan Jones The Lady Eve (C) B. Stanwyck Henry Fonda Las Vegas Nights (M) Regan- Wheeler Tommy Dorsey Border Vigilantes (O) William Boyd Russell Hayden „ O -a c +> U c> v rsxi S MONOGRAM You're Out of Luck (D) Frankie Darro M. Moreland The Kid's Last Ride (O) Range Busters Ridin' the Cherokee Trail (O) Tex Ritter Air Devils (D) Leo Gorcey Bobby Jordan Sign of the Wolf (D) Grace Bradley Louise Beavers At the Villa Rosa (D) Judy Kelly Kenneth Kent M-G-M Wild Man of Borneo (C) Land of Liberty (D) Come Live With Me (C) James Stewart Hedy Lamarr Blonde Inspiration (C) John Shelton Virginia Grey Trial of Mary Dugan (D) 125 Robert Young Andy Hardy's Private Secretary (C) 126 Free and Easy (C) 127 Ruth Hussey Robt. Cummings Rage in Heaven stage drew §23,500 at the Earle with "Six Lessons from Madame La Zonga." : Estimated takings for the week end- ing Feb. 12-14: - "Love Thy Neighbor" (Para.) ARCADIA— (600) (35c-46c-57c) 7 days, 2nd week, 2nd run. Gross: $3,000. (Aver- age, $2,600) "Philadelphia Story" (M-G-M) BOYD— (2,400) (35c-41c-46c-57c-68c) 7 days, 4th week. Gross: $15,000. (Average, $13,000) "Six Lessens From Madame LaZonga" (Univ.) EARLE — (4,000) (35c-41c-46c-57c-68c) 7 - days with vaudeville including Sammy Kaye's orchestra, Tommy Ryan, Charlie Wilson, Jimmy Brown, Arthur Wright, ( Three Kadets,' Statler Twins, Chris-Cross S & Looie, and The Nonchalants. Gross: - $23,500. (Average. $14,000) "Ride, Kelly, Ride" (ZOth-Fox) j FAY'S — (2,190) (15c-29c-35c-46c-57c) 7 : days with vaudeville including Maxine De- ll Shon, Irma Vogelee, Don Arras, Smith- ' Rogers & Eddy, Bobby Pinkus and Ruth ; Foster, Marcus and Allen. Gross: $7,200. " (Average, $6,900). "High Sierra" (W. B.) FOX— (3,000) (35c-41c-46c-57c-68c) 7 days, ! 2nd week. Gross: $13,400. (Average, : $13,000) ! "Little Men" (RKO) KARLTON — (1,000) (35c-41c-46c-57c-68c) 7 | days. Gross: $3,800. (Average, $3,000) "Hudson's Bay" (ZOth-Fox) KEITH'S— (2,200) (35c-41c-46c-57c-68c) 7 days, 2nd run. Gross: $3,600. (Average, - $4,500) "Gone With the Wind" (M-G-M) STANLEY— (3,700) (35c-41c-46c-57c-68c) 7 days, 3rd week. Gross: $21,500. (Average, : $14,000) "San Francisco Docks" (Univ.) STANTON— (1.700) (35c-46c-57c) 7 days. I Gross: $6,000. (Average, $4,500) 'Back Street* Capital Winner with $17,000 Washington, Feb. 19. — "Back ! Street" drew a big $17,000 at the RKO Keith's. "The Philadelphia Story" took $23,000 at Loew's Palace. The - weather was. good. Estimated takings for the week end- ing Feb. 13-14: "The Philadelphia Story" (M-G-M) LOEW'S PALACE— (2,300) (39c-55c) 7 days. Gross: $23,000. (Average, $15,000) "This Thing Called Love" (Col.) WARNER'S EARLE — (2,200) (28c-39c- 44c-66c-77c) 7 days. On stage: 8 Men of Melody, Ray & Trent, Gil Lamb, Linda ' Moody, Roxyettes. Gross: $17,800. (Aver- age, $15,500) "Road Show" (U. A.) - LOEW'S CAPITOL— (3,434) (2Sc-39c-44c- 66c-77c) 7 days. On stage: Joe Howard, Wally Brown, Kanazawa Troupe, Rhythm Rockets. Gross: $12,000. (Average, $16,000) "Back Street" (Univ.) RKO-KEITH'S— (1,834) (39c-55c) 7 days. Gross: 517,000. (Average, $7,500) "Victory" (Para.) WARNER'S METROPOLITAN— (1,600) C28c-44c) 7 days. Gross: $6,000. (Average, $4,500) - "Gone With the Wind" (M-G-M) LOEW'S COLUMBIA— (1,250) (40c-5Sc) 7 days, 4th week. Gross: $5,500. (Aver- age, $4,500) Trenton House to Open Trenton, N. J., Feb. 19.— The RKO Reade's Trent Theatre will open here on Saturday, under the management of Walter Reade and the Trenton New Brunswick Theatres Co. 'Western Union' at $9,100, Providence Providence, Feb. 19. — "Western Union" and "Meet the Chump" got $9,100 at the Majestic, and "Gone With the Wind" in its third week at the Carlton took $4,500. Estimated takings for the week end- ing Feb. 12-13 : "Kitty Foyle" (RKO) "The Saint in Palm Springs" (RKO) RKO-ALBEE— (2,239) (28c-39c-50c) 5 days, 6th week. Gross: 54,500. (7-day aver- age, 56,000) "The Son of Monte Cristo" (U. A.) "Phantom Submarine" (Col.) LOEW'S STATE — (3.232) (28c-39c-50) 7 days. Gross: $11,200. (Average, $11,000) "Western Union" (20th-Fox) "Meet The Chump" (Univ.) MAJESTIC— (2.250) (28c-39c-50c) 7 days. Gross: $9,100. (Average, $7,000) "Life With Henry" (Para.) "Doomed Caravan" (Para.) STRAND— (2,200) (28c-39c-50c) 7 days. Gross: $6,500. (Average, $6,000) "Remedy For Riches" (RKO) METROPOLITAN— (3,045) (28c-39c-55c 75c) 3 days. Stage show with Johnny (Scat) Davis and Orchestra, the Kidcodlers. Three Winter Sisters, Hoke & Poke, and Cortello's Canine Mimics. Gross: $4,700. (Average, $4,700) "Golden Hoofs" (2afeto to thero □tion Picture Industry MOTION PICTURE DAILY XDL. 49. NO. 37 .1 NEW YORK, U.S.A., MONDAY, FEBRUARY 24, 1941 TEN CENTS B. S. Weighing Added Taxes OnAmusement May Tax Radio Licenses, Raise Ticket Levy Washington, Feb. 23. — Con- cerned over the dearth of new fields into which the Government can go for new tax revenue, Treasury offi- cials were said tonight to be giving serious attention to the possibility of taxing radio licenses. The large revenue derived from the admission tax on film theatre tickets and other sources since the exemption was reduced also has turned attention to the possibilities of further exploiting the amuse- ment field, either by the total elimination of the exemption or by an increase in the rate. Various schedules have been drafted in the past of the possible return from radio license taxes, which show that from $1,000,000 to $3,000,000 could be obtained. A small sum from the view- point of the Treasury's great need, this would at any rate pay the ex- pense of Federal Communication Com- mission regulation of broadcasting and other services, spokesmen assert. In the first six months of its appli- cation, admission tax revenues under (Continued on page 4) Detroit Managers Sign Circuit Pact Detroit, Feb. 23. — First union con- tract in this area between theatre owners and managers has been signed here between the newly formed The- atre Managers and Assistant Man- agers Union, affiliated with the A. F. of L., and Jack Broder, who controls five local houses. The contract provides for a six-day week, shorter hours, a week's vacation with pay, and salary increases ranging from $10 to $15 weekly. Theatres af- fected are the Rainbo, Times Square, Time, Town and Seville. Arthur F. Brock, president, represented the union. 803 New Theatre Projects in 1940 Cost $21,906,000 Last year, 803 film theatres were built or underwent major alterations in the 37 states East of the Rocky Mountains, it was announced yester- day by Dodge Reports. This just eased over the total of 798 houses recorded for the same area in 1939. Cost of work and materials in- volved totaled $21,906,000, as com- pared with $22,667,000 for the projects contracted for in 1939, the Dodge service reported. The average floor area of the 1940 projects increased somewhat over the average the year before, with a total of 3,125,000 square feet of floor space involved in 1940 contracts, against 2,798,000 in 1939. The theatre building program East of the Rockies is currently character- ized by Dodge Reports as "just hold- ing its own." The 1938 total was about $21,000,000, and in 1937 it was over $27,000,000. U. S. Films Have uv~/c Of Palestine Market Washington, Feb. 23. — About 90 per cent of the films exhibited in Palestine are produced in the United States, according to a report of the Department of Commerce. A relatively small supply of Egyptian films is also on the market and presents the only competition. The sustained demand for U. S. films is attributed to the extremely limited production of British films be- cause of the war. 1,000 Houses Pledge Greek Relief Shows More than 1,000 theatres have already pledged to put on midnight shows for Greek war relief during the week of March 25 to 3ft designated for the purpose, Adolph Zukor, amusements division chairman, reported Saturday. Midnight benefits have been given already by Warners in Johnstown, Pa., and Loew's in Memphis. Sam H. Harris has been named chairman of the legitimate theatre division of the cam- paign. CBS Gives Impetus To Color Television CBS took steps Friday to advance color television to the stage of a com- mercial reality when it called a meet- ing of television manufacturers and research engineers in an effort to in- terest them in manufacturing color television receivers and transmission equipment. Dr. Peter C. Goldmark, CBS engi- neer who developed the system, had previously stated that color sets could be manufactured on a commercial basis, without adding greatly to the cost of receivers. Adrain Murphy, CBS executive director of television, declined to reveal the nature of the discussions after the meeting. Meanwhile RCA officials gave no further indication of their plans re- garding color television. At the close of the informal National Televisions (.Continued on page 8) Ascap Appoints Committee To Negotiate Network Pact U. A. Sets 'Topper' Trade Screenings United Artists will hold trade show- ings of "Topper Returns," Hal Roach production, during the week from March 10 to 15, in all key cities. The release date of the film is March 12. A negotiating committee to meet with broadcasters to discuss terms of a new music licensing agreement between Ascap and the networks was named by the Ascap board of directors on Friday. However, no date for a meet- ing between the representatives of the two camps has been set and it is regarded as unlikely that a conference will material- ize within the next 10 days. The naming of the Ascap committee is significant principally as an indica- tion of the society's readiness to be- gin negotiations at an early date. Gene Buck, Ascap president, com- municated with Neville Miller, presi- (Continued on page 8) Durning Elected to Atlas Corp. Board Harry M. Durning has been elected a member of the board of directors of the Atlas Corp., it was announced on Friday following a meeting of the board in Jersey City. Durning is Collector of Customs of the Port of New York. The Atlas board now includes : Durning ; Oswald L. Johnston, a part- ner of the law firm of Simpson, Thacher & Bartlett ; Samuel Zemur- ray, president of United Fruit Co., and Floyd B. Odium and L. Boyd Hatch, president and executive vice- president, respectively, of the corpora- tion. 11 Arbitration Cases Brought In Three Weeks Seven on Clearance, One On Overbuying Eleven complaints were filed for arbitration in eight of the industry's 31 new arbitration boards during the first three weeks the boards have been in operation. No com- plaints have been filed in 23 of the local boards. The boards started operation Feb. 1. Hearing dates have not been set as yet for any of the 11 complaints on file. Normal procedure requires 17 to 25 days to bring a case to hear- ing. Seven of the 11 com- plaints concern clearance, three ask for "some run" and one charges overbuying. The policy of consenting companies will be to devote as much attention to a demand for arbitration as is nor- mally given to a complaint at law. Each complaint will be carefully stud- ied and investigated and, if the cir- cumstances warrant, efforts to adjust the grievance will be made before the complaint is brought to arbitra- tion. Full defenses will be prepared by company attorneys for all com- plaints which proceed to a hearing, it was said. Company spokesmen said there would be no inclination to settle com- plaints which were not well grounded, in order to avoid arbitration proceed- (Continned on page 4) Col. Dedicates Sales Drive to Exhibitors Columbia this year will dedicate its annual sales drive to the individual exhibitor and salesman, terming the three months' drive the "Columbia Exhibitors Good Will Campaign." The drive will begin March 1 and continue through May 30. During the period Columbia will release 15 outstanding attractions on its current season's schedule, it was said. The slogan for the campaign is, "Good will is the best asset of any business." Reviewed Today Reviews of "In Old Colo- rado," "Prairie Pioneers" and "Outlaws of the Rio Grande" will be found on Page 5. 2 Motion Picture Daily Monday, February 24, 1941 Coffee for Troops Scranton. Pa.. Feb. 23.— Local 329 of the operators union here is supplying cof- fee free to 500 soldiers of the 109th Infantry, Pennsylvania National Guard. Cooperating with the Bureau of Recrea- tion, the union has set up a canteen at Weston Field, municipal recreation center, where the troops are drilling and conditioning for 11 days prior to their departure for camp. CEA Asks Revision Of Opening Hours London, Feb. 23. — The London and Home Counties Branch of the Cine- matograph Exhibitors Association has decided on a broad plan which would have the effect of altering the whole structure of war-time theatre opening hours. The exhibitor group plans to ap- proach various local authorities, ask- ing the adoption of a selective sched- ule of operating hours, replacing the present fixed times with voluntary op- eration. Such schedules would increase total hours but these would be ad- justed progessively. The ultimate aim is to replace the present variable London closing hours by regular 10 P. M. and 11 P. M. closings. The C.E.A. also will ask that schedules be open to revision in accordance with changing circum- stances. Longer Sunday opening hours will be requested on the ground that Sunday is now the busiest day of the week, often meaning the differ- erence between profit and loss on the week's business. They also will ask a reduction in the present charity tax for Sunday operation, which, it is claimed, is keeping some exhibitors in the red. The London move will be closely watched, and similar action in other areas is considered likelv. Personal Mention 250 at Philadelphia Dinner for Sweigert Philadelphia. Feb. 23. — Approxi- mately 250 attended a testimonial dinner at the Hotel Warwick here Friday night for Earl W. Sweigert. Paramount branch manager recently named district manager, and Ulrik F. Smith, promoted to local branch manager. Edgar Moss. 20th Century-Fox dis- trict manager, was chairman of the affair. Others on the dais included : J. J. Unger. Oscar Morgan, William Sussman. John Xolan. Lester Kreiger. James P. Clark. Al Boyd, William Goldman. Sam Stiefel, Jay Emanuel. Joseph Eagan, Sidney Samuelson, Le- wen Pizor. John Smith, F. A. Gian- nini. Powers Gouraud was toastmas- ter and Eddie White master of cere- monies of the entertainment. SAFETY-SERVICE-CONVENIENCE Here, you are certain to get the exact in- ! predients your physician prescribes, accurately j compounded. We maintain extensive stocks of I domestic and foreign preparations, and they're j moderately priced. International Pharmacy, Inc. I Complete Drug. Prescription and Cosmetic Depts. W^5lstSt. CI. 6-0575 50 Rockefeller PI. = SI SEADLER, M-G-M advertising manager, left by plane for the Coast Friday on a combined business and vacation trip. He expects to re- turn in two weeks. • Edw ard A. Golden returned to the Coast over the weekend from New York. Joseph Lee, sales manager at the 20th Century-Fox exchange here, is expected back from Florida March 3. • A. A. Hovell, Joseph R. Springer and Arthur Baker, Century Circuit executives, are due today from Flor- ida. • Ben Gladstone of the Century Cir- cuit became the father of a boy on Friday. • Arthur Greenblatt of the Mono- gram exchange here has been ap- pointed an honorary member of the Xew York Bookers Club. • Alger Jenkins, Jr.. nephew of Felix A. Jenkins, general counsel of 20th Century-Fox, has left for Eng- land to join the Royal Air Force. • Martin Smith, I.T.O. of Ohio president, has returned to Columbus from Xew York. FRAXK CAPRA is expected here soon from the Coast for a short stay. • Irving Cohen of the Paramount home office legal department has re- turned from a two-week business as- signment at Erie, Pa. • Joseph I. Breen. Production Code Administrator, will leave for the Coast today after a few days here on per- sonal business. • Loos D. Fkohlich, Columbia counsel, left for Xashville over the weekend. • Morris Mechanic, owner of the Xew Theatre, Baltimore, is in Miami Beach for a two-week vacation. • Maurice Bailey, operator of the Whalley in Westville and the Whit- ney in Xew Haven, has motored to Xew Orleans with Jack Halprin, theatre contractor. • William Pfaff, son of Harold L. Pfaff of Paramount'* Toronto office, has joined the Royal Canadian Air Force. • Arthur Ungar left for the Coast over the weekend. Columbia Club Holds Annual Dinner Party The Columbian Club, organization of the company's home office employes, held its 11th annual dinner-dance at the Waldorf-Astoria Saturday night. More than 700 members and guests attended. Among the guests were : Jack Cohn, Judge Ferdinand Pecora. W. G. Van Schmus. Charles Schwartz. Louis Xizer, Abe Schneider, Abe Montague. Rube Jackter, Louis Astor. M. J. Weisfeldt. Leo Jaffee, David A. Lip- ton, Marvin Schenck, Charles Mos- kowitz, Oscar Doob. Clayton Bond and Sam Briskin. Drive Honors Branson The week of April 5 to 11 has been set aside by the RKO branches in Chicago. Kansas City. Milwaukee and St. Louis, honoring Walter Branson, Midwestern district manager, as part of the Xed Depinet sales drive, which runs until Mav 9. LeMaire Named Aide To DeSylva at Para. Hollywood, Feb. 23. — Rufus LeMaire has been appointed assistant to B. G. DeSylva, executive in charge of Par- amount production, it was announced over the weekend. Studio spokesmen pointed out that this appointment does not conflict with that of Harold Wil- son, who recently was named assistant to DeSylva. LeMaire formerly was with the RKO studio. Whitney Here After Conferring on Coast John Hay Whitney arrived here yesterday after several weeks in Hollywood where he conferred with producers and industry leaders on Pan-American cooperation. He is motion picture division chairman of the office of L". S. Coordinator of Commercial and Cultural Relations Between the American Republics. Whitney is expected to return to the Coast in a week. Readers ' Say-So Industry Praised for Federation Aid Tribute to the part played by the amusement industry in the recent cam- paign of the Xew York and Brooklyn Federations of Jewish Charities was contained in a final report on cam- paign activities by 140 trades and di- visions issued by Joseph M. Pros- kauer. campaign chairman. Proskauer called the campaign the most successful in more than two dec- ades. He gave particular praise to David Bernstein and Major Albert Warner, co-chairmen of the amuse- ment division, and the members of the various committees for their efforts. The chairman pointed out that as a result of the effort of the amusement group, numerous new names have been added to the rolls of Federation con- tributors, and it obtained substan- tial increases from past contributors. "The amusement industry drive was essentially a group effort, of which all in the trade may well be proud," Proskauer's report said. Speaking on behalf of the 116 medi- cal and social welfare agencies, the thanks of the Federation were ex- tended to the industry by Benjamin J. Buttenwieser, president of the Xew York Federation, and Hugh Grant Straus, president of the Brooklyn Federation. You're Welcome, Judge Proskauer Editor, Motion Picture Daily' : With the Federation campaign just over, I do want to take this occasion to extend to you, on behalf of myself, the officers of the two Federations and the trade leadership, heartfelt thanks for the cooperation extended to us through your publication. Federation is deeply indebted to the, trade press, and particularly to y£~I paper, which has always been so hKl, . ful in placing the story of the 116 affiliated charities before a most re- sponsive group of readers. Through your fine coverage of our campaign events, you rendered a distinct public service, which we believe contributed directly to the success of the drive. I do hope we may look forward to enjoying your cooperation for many more years to come, and again let me assure you of our warm appreciation for all you have done. Joseph M. Proskauer 1940 Federation Campaign Chairman Suggests Aid for Spain Editor. Motion Picture Daily : A cable came to us today from San- tander. where the hurricane and fire demolished hundreds of homes, and made 30,000 homeless. All this to add to their already miserable plight. However, that is aside from the point. I would like to make a sug- gestion, being one whose contact with Latin people dates back 30 years. . The motion picture companies have frozen assets in Spain. Were they to release a part of their money to Gen- eral Franco for the rehabilitation of Santander. a finer gesture could not be made. It would pave the way to- wards a bigger and better understand- ing between that Government and the motion picture industry. Remember, it would not be for the present re- gime, but for the relief of the suffer- ing. Besides — and I know the Span- iards— they would be eternally iriate- ful and would cooperate better. Columbia R. Sileo Cosmo-Sileo Co. McConville to S. A. J. A. McConville. Columbia for- eign manager, left by plane Friday for a months' trip to Latin American offices. MOTION PICTURE DAI LY (Registered U. S. Patent Office) Published daily except Saturday, Sunday and holidays by Quigley Publishing Company. Inc., 1270 Sixth Avenue, Rockefeller Center. New York City. Telephone Circle 7-3100. Cable address, "Quigpubco, New York." Mar- tin Quigley, Editor-in-Chief and Publisher: Colvin Brown, Vice-President and General Manager; Watterson R. Rothacker, Vice- President; Sam Shain, Editor; Alfred L. Finestone, Managing Editor; James A. Cron. Advertising Manager; Chicago Bureau. 624 South Michigan Avenue, C. B. O'Neill. Manager; Hollywood Bureau, Postal Union Life Building, William R. Weaver, Editor: London Bureau, 4 Golden Square, London Wl, Hope Williams, Manager, cable address "Quigpubco, London." All contents copy- righted 1941 by Quigley Publishing Com- pany, Inc. Other Quigley publications : Motion Picture Herald, Better Theatres. International Motion Picture Almanac and Fame. Entered as second class matter, Sept. 23, 1938, at the post office at New York, N. Y., under the act of March 3, 1879. Subscription rates per year $6 in the Americas and $12 foreign. Single copies 10c. ■ 1 11 lllll .IBs 1 4 Motion Picture daily Monday, February 24, 1941 11 Arbitration Cases Brought In Three Weeks (Continued from page 1) ings. In this respect, it was pointed out that as much could be accom plished in the way of adjustments by exhibitors with well founded griev ances if they were brought to the at tention of company authorities before a demand for arbitration was made as they would later. The mere fact that a complaint was on file would not bet ter the chances of a settlement for an undeserving case, it was said. First in Washington The complaints filed to date consist of two with the Washington board, including the first one of record; two with the Chicago board, two at De troit and one each at Cleveland, Bos- ton, Denver, New York and New Orleans. Paramount, 20th Century-Fox, Warners are named in eight of the 11 complaints, RKO in six and Loew's in five. United Artists, which is not a party to the decree and therefore not obligated to participate in arbitration, is named along with Loew's, 20th Century-Fox and Warners in the Bal- timore Westway complaint, one of those on file in Washington. Present Deals Unaffected Trade authorities believe that the comparatively small number of com- plaints filed to date is due largely to the fact that arbitration awards made at this time promise no relief to a complaining exhibitor even though he wins his case, since the decree speci- fically provides that existing contracts are not affected by arbitration awards. Moreover, awards won now are re- garded as of dubious value even as a precedent or guide for next season's contracts, since selling conditions under the decree may alter exisiting conditions so much as to make such awards meaningless under new season playing conditions. Denies Baltimore Case to Be Settled Baltimore, Feb. 23— Reports that the Walbrook Theatre Company's clearance complaint against 20th Cen- tury-Fox, Warners and the Durkee Circuit, the first to be filed under the industry's new arbitration machinery, would be settled before progressing to a hearing were denied here today by Thomas Goldberg, president of Wal- brook. J. Purdue Wright, attorney for Goldberg, made a similar denial. Committees Named For Columbus Club Columbus, O., Feb. 23. — Virgil Jackson, recently elected chief barker of the local Variety Club, has named the following committee chairmen: house, Al Redman ; membership, C. Harry Schreiber ; finance, Jacob Luft ; welfare, P. J. Wood; publicity, John Bancroft; golf, Lee Hoffheimer ; ac- tivities, James Hale, and mobile unit, Lou Holleb. Holleb and Ben Almond were named delegates to the national convention. Congress Hears Tribute to Screen Aid on President's Birthday Parties Washington, Feb. 23. — Appreciation of the industry's contribu- tions to the programs attendant upon President Roosevelt's inaugural and birthday ball celebrations has been voiced in the Senate by Senator James M. Mead of New York and in the House by Representative Lawrence J. Connery of Massachusetts. The remarks of both were printed in the Congressional Record. The legislators, in addition to acknowledging the presence and contributions of the Hollywood and New York personalities who participated in the January entertainments, expressed their appre- ciation of the efforts of industry executives who cooperated. Of the latter, those named included Joseph M. Schenck, chair- man of 20th Century-Fox; Carter Barron, Loew Theatres divi- sion manager in Washington, Y. Frank Freeman, Paramount studio head; Louis B. Mayer, M-G-M studio head; Jack L. Warner, head of Warner Bros, studio, and Ned E. Depinet, vice-president of RKO. 'Smith' Smash Los Angeles Hit, $29,000 Ontario Censor Saw 497 Films Last Year Toronto, Feb. 23. — During the year ending Dec. 31, the Ontario Board of Moving Picture Censors examined 497 features in which the dialogue is in the English language. Of this num- ber 455 feature pictures were imported from the United States and 42 from Great Britain. Exports from the lat- ter country are being maintained, ac- cording to the censorship figures, in spite of the war. Of the English-language features, 91 per cent were from the United States. With the exception of a number of French features, which are examined in the Province of Quebec in a proxy arrangement for the Ontario Board, the number of foreign features was practically negligible during 1940. U. S. Weighs Added Amusement Taxes 2 RKO Executives On Tour for Drive Harry Michalson, short subject sales manager for RKO, will leave on a tour of all exchanges in the United States and Canada tomorrow, in the interests of the Ned E. Depinet sales drive. Accompanying Michalson will be Leo Devany, captain of the drive. Gus Schaefer, Northeastern district man- ager, will accompany the two on visits to branches in his territory. They will end their tour April 5. N. Y. Censor Overruled Albany, Feb. 23.— The N. Y. State Board of Regents ruled Friday that the censor board should grant a li- cense to Jewel Productions' "Kid- napping Gorillas." The board, how- ever, upheld the censors' ban on "Life on the Hortobagy," dismissing the appeal of Eureka Productions. Asks Quiz in Col. Suit Application to examine Columbia Pictures officers was filed Friday in N. Y. Supreme Court by Minnie Saltzmanu-Stevens, plaintiff in a $100,000 damage suit. She claims un- authorized use of her photograph in "I'll Take Romance." (Continued from page 1) the 20-cent exemption were more than $26,000,000 greater than in the same period a year earlier, and while some of this increase is admittedly due to better business conditions the greater part of it came from the field of amusements with admissions between 21 and 41 cents. Whether the Treasury will want to go into these fields for more revenue, however, will depend upon the de- termination of how much can be raised from other sources. Pictures Studied For Effect Award Hollywood, Feb. 23. — A committee of technicians recently has studied a number of productions from among which will be selected one to receive the Academy Award for Special Ef- fect Achievement. The films from which they will choose include: "The Blue Bird," "Boom Town," "The Boys from Syracuse," "Dr. Cyclops," "Foreign Correspondent," "The Invisible Man Returns," "The Long Voyage Home," "One Million B.C.," "Rebecca," "The Sea Hawk," "Swiss Family Robin- son," "The Thief of Bagdad," "Ty- phoon" and "Women in War." SMPE Convention Committees Named Committees have been set for the 1941 Spring Convention of the Society of Motion Picture Engineers, to be held at the Sagamore Hotel in Roch- ester, May 5 to 8. Program and facilities will be in charge of Emery Huse, S.M.P.E. president; E. A. Williford, Herbert Griffin, W. C. Kunzmann, George A Blair, Sylvan Harris, Julius Haber James Frank, Jr., and H. F. Heideg- Los Angeles, Feb. 23. — "Mr. and Mrs. Smith" and "The Lone Wolf Keeps a Date" were real hits here, taking a total of $29,000 at two houses, $13,000 at the Hillstreet an $16,000 at the Pantages. Estimated takings for the week end- ing Feb. 19 : "Western Union" (20th-Fox) "Ride, Kelly, Ride" (20th-Fox) CHINESE— (2,500) (33c-44c-55c-75c) 7 days. Gross: $11,300. (Average, $12,500) "Fantasia" (Disney) CARTHAY CIRCLE — (1,518) (55c to $1.65) 7 days, 3rd week. Gross: $14,000. (Average, $17,000) "Cheers for Miss Bishop" (U. A.) 4 STAR — (900) (44c-55c) 6 days, 5th week. Gross: $2,500. (Average, $3,250) "Mr. and Mrs. Smith" (RKO) "The Lone Wolf Keeps a Date" (Col.) HILLSTREET— (2,700) (33c-44c-55c-75c) 7 days. Gross: $13,000. (Average, $6,500) "Western Union" (20th-Fox) "Ride, Kelly, Ride" (20th-Fox) LOEW'S STATE— (2,500) (33c-44c-55c- 75c) 7 days. Gross: $15,500. (Average, $14,- 000) "Mr. and Mrs. Smith" (RKO) "The Lone Wolf Keeps a Date" (Col.) PANTAGES— (3)000) (33c-44c-53c-75c) 7 days. Gross: $16,000. (Average, $7,000) "Virginia" (Para.) PARAMOUNT — (3,595) (33c-44c-55c-75c) 7 days. Stage: Bob Crosby and His Orches- tra with the Bob Cats. Gross: $18,000. (Average, $18,000) "Strawberry Blonde" (W. B.) "Father's Son" (W. B.) WARNER BROS. (Hollywood)— (3,000) (33c-44c-55c-75c) 7 days. Gross: $12,200. (Average, $14,000) "Strawberry Blonde" (W. B.) "Father's Son" (W. B.) WARNER BROS. (Downtown)— (3,400) (33c-44c-55c-75c) 7 davs. Gross: $12,100. (Average, $12,000) Army Officer West On Training Films Washington, Feb. 23. — Major General J. O. Mauborgne, Chief Sig- nal Officer, left today for Los An- geles, where he will confer with pro- ducer representatives on the series of training films the studios are to make for the arm}'. He will confer with officers of the Research Council of the Academy of Motion Picture Arts and Sciences, which has charge of Army film production. To Discuss Kodachrome Hollywood, Feb. 23. — Kodachrome improvements will be discussed before the Pacific Coast Section of the S.M.P.E. here Tuesday. Speakers in- clude Roy S. Leonard, Carroll Dun- ning and L. R. Martin of Eastman Kodak. Plan Iowa Greek Drive Des Moines, Feb. 23.— Exhibitors, exchange men and the board of the I.T.O. of Iowa and Nebraska met at the Hotel Savery yesterday to plan the Iowa theatre drive for Greek re- lief, March 25-30. Warners Sue on Book Philadelphia, Feb. 23. — An in- junction to restrain MacRea-Smith Co., local publisher, from issuing a book, "Two Feet from Heaven" by Percival Christopher Wren was sought in Common Pleas Court here Friday by Warners. The action al- leges the book is an infringement of "One Foot in Heaven," film rights to which were purchased by Warners. 'Moko' Benefit Opening "Pepe Le Moko," French film re- leased here by Arthur Mayer and Joseph Burstyn, will have its Amer- ican premiere March 3 at the World Theatre. Prices will be scaled to $10, as a benefit for the France Forever fund. Pollock Due This Week Louis Pollock, Universal Eastern advertising and publicity manager, will leave Miami tomorrow for the home office, ending a vacation which fol- lowed the recent Miami opening of "Back Street." Monday, February 24, 1941 Motion Picture Daily 5 AGMA Seeks Other Union Aid in Fight American Guild of Musical Artists officials were said over the weekend to be engaged in a last minute effort to rally support from other talent unions in AGMA'S dispute with the American Federation of Musicians. James C. Petrillo, A.F.M. president, has set Saturday as the new dead- line for concert instrumentalists to y'""|ljn his union. iSGMA is reported to be seeking an agreement from Screen Actors Guild, American Federation of Radio Artists and Actors Equity by which their members would refuse to play with • A.F.M. members if the latter enforced the deadline. Informed sources, how- ever, said that there was little likeli- hood of such development. Four-A unions are not seeking to precipitate another industry-wide jurisdictional dispute, it was said. Meanwhile, Henry A. Friedman, A.F.M. attorney, explained that the March 1 date had been set because AGMA's motion for a temporary in- junction had been denied and no ap- peal could be taken. He said that AGMA was appealing from a decision dismissing its bill of complaint but could not appeal from the refusal of the injunction order. Theatres Win Delay On Wis. Daylight Bill Madison, Wis., Feb. 23. — What ap- pears to be a victory for exhibitors in their opposition to the Wisconsin daylight saving bill is seen in the rec- ommendation by the Senate Commit- tee on State and Local Government that the measure be indefinitely post- poned. Exhibitors, in a hearing be- fore the committee, had contended that adoption of the measure would lead to confusion in time. Another measure of interest to the theatre industry is the Westfahl bill, which seeks to establish a 40-cent an hour minimum wage for every non- farm worker in Wisconsin. The meas- ure would amend and recreate the present minimum wage statute, which is limited to women and minors and lacks a specific hourly wage provision. RKO Will Release 3 Subjects on S.A. Three short subjects, produced by RKO Pathe, dealing with Nazi activi- ties in South America, will be released by RKO. Ned E. Depinet, RKO vice- president, announced yesterday. The three subjects, filmed by Julien Bryan, who also is narrator, are titled : "Eyes on Brazil," "What's Happening in Ar- gentina?" and "The Swastika in Chile." The national release dates are, respectively, Feb. 21, March 21 and April 18. SWG in Survey on Bargaining Points Hollywood, Feb. 23. — The Screen Writers Guild is conducting a survey of members regarding their position on minimum salary, elimination of flat deals under $5,000 and other problems for use by the bargaining committee in the forthcoming nego- tiations for a new contract with pro- ducers to supplant that expiring April 10. Feature Reviews "In Old Colorado" {Paramownt-Slierman) Hollyzvood, Feb. 23 U ARRV SHERMAN, producer of the Hopalong Cassidy stories for * ■ Paramount release, has injected much more comedy into "In Old Colorado" than in previous offerings. Building up the role of Andy Clyde, used in several previous offerings as a companion of William Boyd (Cassidy) and Russell Hayden (Lucky), to the overshadowing of the latter, Sherman also used Cliff Nazarro, double talk expert, as one of the characters. Others in the cast are Margaret Hayes, who supplies the slight ro- mantic interest ; Morris Ankrum, Sarah Padden, Stanley Andrews, James Seay, Morgan Wallace, Weldon Heyburn and Eddy Waller. The picture is alive with action, and holds up its suspense to the end. The story deals with a fight between ranchers and nesters, who fight over land and water, and their ultimate discovery that the trouble is caused by neither group. Howard Bretherton directed. Running time, 67 times. "G."* Vance King (i Prairie Pioneers {Republic) \ NOTHER Western adventure with the popular exponents of prairie righteousness, "The Three Mesquiteers," this is not as exciting as previous pictures with Robert Livingston, Bob Steele and Rufe Davis. The dashing trio performs as smoothly as in any of their previous efforts but the story lacks robust action and the situations have not attained a sufficient degree of tension. The story concerns Spanish vaqueros (cowboys), who, under the misapprehension that American settlers in California are there for no good, attempt to drive them off. The heroes find a fifth columnist among the Spaniards who is causing all the trouble and the dispute is settled. Lester Orlebeck is responsible for the direction. Louis Gray was associate producer. Running time, 58 minutes. "G."* "Outlaws of the Rio Grande" {Producers Releasing Corp.) t_T ARD riding and a number of rough-and-tumble fist fights enliven *■ this story of Tim McCoy's capture of a gang of counterfeiters. Tim, a U. S. marshal, is aided in the manhunt by the Mexican secret service which also is trying to track down the gang. Tim picks up the trail after his pal, Ken Duncan, is seized by the gang. Aided by Ralph Peters, who supplies the comedy, Tim discovers the gang's hideout. He is trapped, however, when Virginia Carpenter, a Mexican serving girl, delivers him to the gang in an effort to save her father. The action is fast throughout and should please Western fans who want something happening every foot of the film. Others in the cast include Charles King and Karl Hackett, the bad men ; Rex Lease, Phillips Turich, Frank Ellis, Thornton Edwards and Joe Dominguez. Sigmund Neufeld produced and Peter Stewart directed. Running time, 53 minutes. "G."* Edward Greif * "G" denotes general classification. Census Bureau Hits Snag in Issuing Theatre Data Without Violating Law Washington, Feb. 23. — The Census Bureau, which last week com- pleted a preliminary analysis of the 1939 census of film houses, is finding it difficult to show business by states without disclosing the operations of some of the smaller circuits. In the 1933 and 1935 canvasses, the bureau's state and city fig- ures brought protests in areas where business was largely con- trolled by one national and one local circuit. It was said that the national circuit, could subtract its own figures from the total and approximate the business of its competitor. Census officials are prevented by law from disclosing the operations of any single in- dividual or firm. It may be necessary to withhold specific figures in certain states, and to issue statistics covering two or more states as a group. Opera House Same As Theatre in Mo. St. Louis, Feb. 23. — The Missouri Supreme Court has held that St. Louis County cannot impose a license tax on film houses. The St. Louis Amusement Co. successfully claimed exemption under a statute of 1885 which pro- vides that no tax may be levied on a performance held in an opera house. The court ruled the phrase "opera house" to be synonymous with "theatre." A.G.V.A. Asks Boost If Living Costs Rise All future contracts of more than a year's duration must provide for in- creased wages if the index of living costs rises, the American Guild of Variety Artists board has decided. The new provision will be incorpo- rated in all contracts signed in the future, it was said. The U. S. Depart- ment of Commerce issues an index of living costs at regular intervals. AGVA plans a drive to organize night clubs and restaurants in the New York area, especially in Brook- lyn and Queens. Among other new developments reported was the re- quirement that all AGVA locals drop any booking offices which they may have established. The national board takes the position that AGVA is en- gaged in licensing legitimate talent agencies and that the union should not compete with them. Dismiss Petition of Operators' Union The State Labor Relations Board has dismissed the petition of Metro- politan Projectionists Union for certi- fication as collective bargaining agency for projectionists employed in six .Long Island houses operated by Casey & Wheeler Theatres as part of the Prudential Circuit. Both Local 306 and Empire State Operators Union opposed the petition on the ground that there is no need for an additional union in this area. The theatres involved included the State, Ozone Park ; Garden, Spring- field Gardens ; Farrell, Ozone Park ; Park, South Ozone Park ; Bellaire, Bellaire, and Hollis, Hollis. The new union was organized by some of the projectionists in the six houses in- volved. Minnesota Theatre Shut in Minneapolis Minneapolis, Feb. 23. — The Min- nesota Theatre, opened on Jan. 1 by the Middle States Theatre Corp., un- der a vaudeville-film policy, closed on Thursday. Louis Armstrong and his orchestra, booked for a week, was cancelled. The theatre has shown an almost consistent loss since its open- ing. M-G-M Gets 2 from RKO Hollywood, Feb. 23. — M-G-M has acquired the remake rights from RKO for Edna Ferber's "Cimarron" and "Rio Rita," the latter a musical. T ISKIN OHN OE 8 Motion Picture Daily Monday, February 24. 1941 Ascap Names Committee on Network Pact (Continued from page 1) dent of the National Association of Broadcasters, late last week, notify- ing the latter that Ascap was willing to begin negotiations on whatever basis is imposed by the consent de- cree accepted by the society. Miller said that the broadcasters would be informed of this and their answer would be given to Ascap later. Seven on Committee On the negotiating committee named by the Ascap board are the following: Buck, E. C. Mills, John G. Paine, Walter Fischer, Oscar Ham- merstein II, J. J. O'Connor and Herman Starr. The committee held its first meeting on Friday and began its study of the changes in contract- ual formulae and negotiating proced- ure required under the decree. The N. A. B. likewise is reported to be prepared to call a meeting of its negotiating committee to begin similar preparations for negotiations. Both sides are expected to require at least a week or 10 days to study the effect of the decree on their coming negotiations. Decree Hearings Soon Indications over the weekend were that the Department of Justice would be ready within a day or two to file its new anti-trust suit against Ascap in Federal court here and hand up the consent decree immediately afterward. Public hearing on the decree would be set for a week or 10 days later. On Friday, 13 songwriters filed a request with the Federal Communica- tions Commission asking an amend- ment of its regulations to prevent radio networks from publishing mu- sic, as is being done in the case of Broadcast Music, Inc. They also opposed the renewal of licenses for 23 stations affiliated with CBS and XBC, on the ground that the stations were not being operated in the public in- terest. CBS Gives Impetus To Color Television (Continued from page 1) Systems Committee hearings before the FCC last month, James L. Fly, chairman, declared the commission ex- pected that the companies would con- tinue to study color television. The FCC hearing on commercialization for television broadcasting takes place March 20 and there is a likelihood that RCA may have a color demonstration before that time. Vacancy on FCC Seen Filled Soon Washington, Feb. 23.— Pos- sibility that President Roose- velt is considering filling the vacancy on the Federal Com- munications Commission is foreseen in a visit of chair- man James L. Fly to the White House. This was the first time Fly had been to the White House. Off the Antenna RADIO'S role in national defense will be the chief topic under consideration at a meeting of the NBC Advisory Council on Friday. The Council was organized 14 years ago to guide NBC in matters of public policy. Specific consideration will be given not only to radio as a means of communication but also as a method of maintaining civilian morale. • • • Purely Personal: Otto Brandt has been named assistant to the manager of the NBC-Blue station relations department. . . . Roberto Stigrich, Mutual South American representative, has returned from a trip through Latin American countries for conferences at the- home office. . . . Edgar Jacobs has joined the WBAC program staff. . . . Kathcrine MacKillop has been named assistant sales promotion manager of U'EEI. Boston. • • • Continuing its tests on different methods of synchronization, NBC this week will again limit its telecasting to two days. On Friday night there will be wrestling from Jamaica Arena and on Saturday the Inter-collegiate 4-A track meet at Madison Square Garden. WAGE, a new station to be opened in Syracuse, X. Y., will become a basic affiliate of Mutual when it goes on the air late in March, it was dis- closed over the weekend by Frank G. Revoir, president of the Sentinel Broad- casting Corp., licensee of the station, and Fred Weber. Mutual general manager. The station will have studios and offices in the Loew Theatre Building, Syracuse, and will operate on 620 k.c. with 1,000 watts, full time. William T. Lane will be executive vice-president and general manager of the new station. • • • Program News: Colgate-Palmotive-Pect announced over the weekend that its "Myrt and Marge" program would be continued despite the recent death of Mrs. Donna Damerel Fick, who played the role of "Marge." . . . WMCA has signed Jimmy Powers, sports editor of the Daily News, and Le-s Bromberg, boxing writer on the World- Telegram, for two new program series. Powers will be heard daily beginning March 17 in "The Powerhouse of the Air," while Bromberg will start Thursday at 8 :30 P.M. in a twice- weekly program called "Sportscope." Nazis Yell 'Kamerad' As Stunt Backfires The German Government finally yelled "kamerad" Saturday night, it was reported, to the huge ridicule campaign it had engineered against itself, when it asked via short wave for messages from America, sent col- lect. In the six days before the offer was rescinded, ill wishers sent all kinds of ridiculous replies to Germany. Many asked when Hitler was to be killed, and why it wasn't soon. Others asked for his funeral date, and some pointed to Goering's enormous girth, while the rank and file of Germans are on rations. The stunt which backfired on the Germans cost them around $100,000, at $2.19 per message, ac- cording to estimates. That sum would cover approximately close to 50,000 messages. The Germans, however, claim that although every story print- ed in the U. S. press snickered at the German stunt and nearly all the messages were derogatory, they con- sider it worthwhile propaganda be- cause they landed space in the news- papers here. Ridicule or not, they got space, they aver. "Which is just another German viewpoint," as one observer stated. "It's upside down to the world but all right to the Germans." Completes Novel Estelle Schrott, formerly with United Artists' publicity department, has com- pleted a novel, "High Noon." NBC and CBS Issue Maps On Coverage In what appeared to be an out- break of a battle of statistics, both XBC and CBS over the weekend announced that surveys had been completed in every county off ' j country and that new coveK-^t maps would be issued shortly. XBC has discarded the designation of primary and secondary coverage and lists a station's coverage as that area where there are at least 75 per cent of the number of sets in key cities where Crossley and Hooper surveys are now conducted. CBS, on the other hand, designates a primary area as one where 67 to 100 per cent of the sets are tuned to a CBS station, 33 to 66 per cent making it a secondary area and 10 to 32 per cent an "occasional" area. Frank Stanton, CBS director of re- search, pointed out that the NBC fig- ures of 75 per cent referred to a per- centage of sets actually in use while the CBS figure of 67 per cent referred to all radio families. As a result, Stan- ton concluded, the NBC figure of 75 might in reality be only 45 per cent of all radio families. These four points were emphasized in the CBS statement: it is the first survey of every county and every pop- ulation center within such counties in the country- ; it covers the audience by income levels ; it gives the actual weekly circulation of each station, and is based on a complete family re- port. Ascap Asks Dismissal Ascap on Friday filed application in N. Y. Supreme Court to dismiss the suit against it of Leo Ascher, Her- mann Leopoldi, Franz Sobotka and Ladislas Szucs for $57,994. The move will test the plaintiffs' right as former members of A. K. M., Norwegian affiliate of Ascap, to seek funds from Ascap on the claim that they had previously secured a judgment against A. K. M. The her o ox "With- ering Heights and ' Rebecca" is the per- fect lover for That Hamilton Wo man. IntAllltfAl In uSHlgei anu t inoispen to xne hj uuon riciur© Industry MOTION PICTURE DAILY and Impartial 49. NO. 38 NEW YORK, U.S.A., TUESDAY, FEBRUARY 25, 1941 TEN CENTS Republic Will Offer 60 Films Next Season Includes 30 Westerns; Plan Four Serials Los Angeles, Feb. 24. — Republic will offer a program of 30 features, 30 Westerns, four serials and 12 short subjects for the 1941-'42 season, James R. Grain- ger, president, announced here today at the first of a series of five regional sales meetings, including one to be held in Can- ada. No titles or properties have been announced for the new program, Grain- ger explaining ing that the company's policy will be to make detailed announcements at the (Continued on page 6) .James R. Grainger Coin Machine Films Under Pa. Censors Philadelphia, Feb. 24. — Mrs. Edna R. Carroll, chairman of the Pennsylvania censor board, has an- nounced that all films for slot ma- chines are subject to the censorship regulations covering all other pictures for exhibition in the state. At the request of the censor board, State Attorney-General Claude T. Reno handed down an opinion over the weekend which stipulated that all 16-mm. films, or any other width films used in commercial slot ma- chines, must be approved by the state censor board. Jam Session Minneapolis, Feb. 24. Minneapolis Symphony Or- chestra musicians were chuckling about a sign on the Orpheum Theatre marquee when they arrived there to play a concert on their cur- rent tour. The sign, left from the last stage show, read: "Stage Jamboree — Screwballs of 1941." It was changed before the concert started. N. J. Theatre Sues Majors; Weighs Crescent Dismissal Nashville, Feb. 24. — Federal Judge Elmer Davies today took under advisement a motion to dismiss the Government's amended complaint against Columbia, Universal and United Artists in the anti-trust suit against the Crescent Amusement Co. of this city. Argument was closed on the motion and on the Crescent company's ob- jections to certain of the Govern- ment's interrogatories seeking detailed information concerning assets, liabili- ties, manner of operation and contracts of Crescent and its affiliated the- atres. Judge Davies indicated he would hand down his decision on the mo- tion to dismiss in "a day or two." Louis D. Frohlich, Columbia's New York attorney, appeared for the dis- tributors. Jorgensen Verdict In Dallas Set Aside Dallas, Feb. 24. — Federal Judge William Atwell today set aside a jury verdict awarding H. N. Jorgensen of this city triple damages of $1,500 in one of several anti-trust suits brought against Interstate Circuit. The court dismissed the case with prejudice. Attorneys for both sides declined to say whether there had been a settlement, but indicated that a statement might be made tomorrow. Interstate had asked for a rehearing of the case involving the verdict in Jorgenson's favor. First anti-trust suit against the major companies since the signing of the Government consent decree in the New York case was filed yesterday in the U. S. District Court here by Hill- side Amusement Co., operator of the Mayfair Theatre, Hillside, N. J., seek- ing $900,000 triple damages. The complaint reiterates to a large extent the charges of monopoly and con- spiracy which were made in the Gov- ernment's original anti-trust action. The plaintiff claims that Warner Bros. Circuit Management Corp. by reason of alleged conspiracy on the part of all defendants, including the Motion Picture Producers and Dis- tributors of America, has secured a virtual monopoly in northern New Jersey and has allegedly imposed "un- just, unreasonable, unconscionable, and oppressive limitations, both as to time and area, regarding run, protection, clearance and zoning" upon independ- ent exhibitors situated in the same general area. The complaint says fur- ther that the Mayfair was relegated to an inferior position as to both com- petitive and non-competitive affiliated theatres. The defendants, with the exception of Columbia, Universal and United Artists, are charged with "extorting large sums of money from the plain- tiff" for score charges on alleged rep- resentations that the royalties were to go to entirely independent compa- nies such as RCA, Western Electric and Erpi. These statements were (Continued on page 6) Violations Result in Late Release of Award Winners Hollywood, Feb". 24. — Because of violations of release last year, the Academy of Motion Picture Arts awards winners will not be disclosed until they are announced at the awards banquet here Thursday night. Eastern newspapers and radio net- works are expected to enter objections due to the lateness of the hour because of the difference in time and the neces- sity of meeting deadlines, but the Academy board of governors ruled to- day that the new arrangement will stand. Events on the program will, however, be expedited to minimize dis- locations caused Eastern newspapers. In previous years the press across the country was furnished the names of winners in advance of the actual awards presentations, subject to re- lease at 11 P. M. in all zones. Break- ing of the release last year by the Los Angeles Times and Station (Continued on page 6) Hedda Hopper to Make Para. Shorts Hollywood, Feb. 24. — Hedda Hop- per, actress, newspaper columnist and radio commentator on films, will be featured in "Hedda Hopper's Holly- wood," a series of six single-reel sub- jects for Paramount release. Herbert Moulton, formerly in charge of trailer' production for Paramount, will pro- duce the shorts independently, he said today, and the releasing deal may be extended to three years. Miss Hopper will appear in the films and also de- liver the commentary. Holiday Booms Box-Off ices On Broadway Product, Clear Weather Help Boost Takes George Washington's birthday, falling on Saturday, helped swell the weekend grosses of new, high grade product at all Broadway film houses. The good, clear weather contributed to the business improve- ment. "Tobacco Road" on Saturday al- most made the Roxy walls bulge with traffic, as it grossed upwards of $17,- 000. From Thursday through Sun- day, this 20th Century-Fox picture garnered an estimated $44,000, which is very big. "Mr. and Mrs. Smith" played "above capacity" at the Radio City Music Hall on Saturday, when it grossed $22,000, and from Thursday through Sunday attracted a handsome $63,000. Both the Roxy and the Radio City Music Hall have their usual stage shows. Another stage show house, the Strand, according to Warner Bros, officials, set a new one-day record on Saturday when "Strawberry Blonde" grossed $12,000. From Friday through Sunday, the home office announcement states, the picture grossed $29,000 and will stay two and maybe three weeks {Continued on page 6) Great Neck House Files on Clearance Second demand for arbitration to be filed in New York was made to the local board yesterday by Herbert Scheftel, operator of the Squire, Great Neck, L. I. Naming all five consenting compa- nies, Scheftel charges that the 30- day clearance granted by them to the Playhouse, Great Neck, is unrea- sonable and should be reduced. The (Continued on page 7) Five Reviews Today Four features are reviewed today by Motion Picture Daily's Hollywood reviewers: "Nice Girl?," "The Hard- Boiled Canary," "Ellery Queen's Penthouse Mystery" — Page 4; "Blondie Goes Latin"— Page 6. "It Hap- pened to One Man" is re- viewed on Page 6. 2 Motion Picture Daily Tuesday, February 25, 1941 Coast Flashes Hollywood, Feb. 24 BUSINESS representatives of I.A.T.S.E. studio locals today decided to ask Pat Casey, producers' labor representative, for the exact stand of producers on the question of demands for wage increases and changes in working conditions at a meeting with him on Thursday. Meeting with Harold V. Smith, Sound Technicians' representative and negotiating committee chairman, the agents concurred in a plan to push the negotiations, pending for some time. A decision whether to ask the I.A.T.S.E. for assistance depends on the studios' stand, a spokesman said. • J. J. Curry, formerly branch man- ager for Paramount in Oklahoma City, today was appointed sales rep- resentative in the Los Angeles dis- trict for the newly formed Paramount short subjects and news sales depart- ment. • Ewing Scott, writer-director, and Mala, Eskimo actor, left today by plane for Seattle en route to Point Barrow, Alaska, to make "Son of Nanook" for Republic. Camera and sound crews will follow. The com- pany expects to spend six months on location. Scott and Mala 10 years ago went to Alaska to make "Igloo" for Republic. • Kay Harris, Cincinnati stenogra- pher, has been signed by Columbia to play the title role in the "Tillie the Toiler" series. Personal Mention NL. NATHANSON, head of • Famous Players Canadian, is in town after a Florida vacation. • Matthew Fox, Universal vice-pre- sident, leaves for the Coast tomorrow. • Mr. and Mrs. Leonard Goldenson have returned from Florida. • Robert J. O'Donnell is in town from Dallas. Frank H. Durkee Baltimore cir- cuit operator, is spending the re- mainder of the Winter in Florida. • Harry E. Weiner, Philadelphia branch manager for Columbia, re- turned from Florida yesterday. • Leo Bonoff, operator of the Madi- son and the Saybrook, New Haven, will leave for Miami next month. • Edgar Moss, district manager for 20th Century-Fox in Philadelphia, has left for a vacation in Hot Springs, Ark. ' Rubin Shapiro, operator of the Ad- miral, Philadelphia, became the father of a daughter last week. • Lawler J. Schultz of the War- ner circuit in Philadelphia and Lena Weichel of Scranton were married recently. ME, I LIKE RELAX Some folks may enjoy carrying around in their own heads all the worries of the world. Not so, smart showmen. Worries that can be delegated, they delegate — to people willing and able to take respon- sibility. To keep projection room equip- ment in the pink of condition, they know they need engineers, so they take Altec service — sound service and booth parts service. Take this time-tested way to re- lax: save all your energies for the prime job of showmanship. Change to Altec. jMJC 250 West 51th Street, New York City CHANGE TO ALTEC SERVICE • A CHANGE FOR THE BETTER LEO SPITZ is in town, having re- turned from an extended stay on the Coast. • Tom Connors caught eight sailfish in the deep waters off the Florida coast. James Bracken, head of the War- ner Theatres contract department in New Haven, is vacationing in Miami. • William Smalley, head of the Smalley circuit of upstate New York, is in Miami. George Weltner, Owen Davis, E. K. O'Shea, Max A. Cohen and M. A. Schlesinger lunching yesterday at Nick's Hunting Room in the Astor. • Monroe Greenthal, Ben Washer, Mrs. James Mulvey, Sam Shain, Armand Schneck, Betty Gold- smith, Hank Linet, Charles Ali- coate, Joseph Gallagher, Walter Futter, Dave Weshner and Benn Jacobson at the Tavern yesterday for lunch. • Harry Brandt, Alan Freedman, Joseph Pincus, Jack Goetz, and George Burns lunching at Lindy's (51st St.) yesterday. • Abe Schneider, Rube Jackter, Joseph R. Vogel, Eugene Picker, Marvin Schenck, Harry Gold and John Wright having lunch at Lin- dy's (next to the Rivoli) yester- day. • J Robert Rubin, Richard Aldrich, Frederic Lonsdale, John D. Hertz, Jr., Tom Buchanan, Guy Bolton, Richard Marvin and Oscar Doob, at Sardi's yesterday for lunch. Consolidated Will Operate New House Bliss Properties, Inc., of which Morris Jacobson is president, will op- erate a new 1,000-seat theatre planned for the corner of Eighth Ave. and 19th St. The house will be affiliated with Consolidated Amusement Enter- prises, Inc. Burk & Krumgold nego- tiated the purchase. Seeks to Enjoin W.B. Los Angeles, Feb. 24. — An injunc- tion suit to restrain Warners from exhibiting "The Sea Wolf unless a special note is made calling attention that the characters are fictitious was filed today in Superior Court here by Louis Hansen, describing himself as a nephew of the late Capt. Alex McLean, said to be the original of Jack London's novel. Menken to Orient Arthur Menken, Paramount news- reel cameraman, arrived in San Fran- cisco yesterday from New York and is awaiting clipper transportation for Hong Kong, from where he will pro- ceed to Singapore. Developments are expected in that sector soon. Plan Copelan Dinner Atlantic City, Feb. 24. — A fare- well dinner to Herbert L. Copelan, who recently resigned as general man- ager of Warner theatres here to head his own circuit in Florida, will be held Friday at the Shclburne Hotel. Among Other Things Providence, Feb. 24. — Archi- bald Silverman, is, among other things, a banker, manu- facturer, owner of the Strand Theatre and chairman of the local draft board. In his spare time he plays host to new draftees at the theatre. Sees Extension of Cinema Club Idea Cincinnati, Feb. 24. — Social or- ganizations of film and accessories salesmen, known as Cinema Clubs, will be formed in Kansas City, St Louis, Minneapolis, Des Moines and Omaha within the next 60 days, ac- cording to Jack Stewart, Universal salesmen and president of the Detroit Club, here over the weekend. The clubs will be nationwide before the end of the year, he said. Approximately 150 branch mana- gers, salesmen and exhibitors attended the second annual installation dinner of the Cincinnati Cinema Club. In- ducted were Rudy Rnoepfle and Pete Niland, reelected president and secre- tary and treasurer, respectively ; Mark Cummings and Joseph McKnight, first and second vice-presidents. Players to Canada For Air Force Film Ottawa, Feb. 24.— To film "Bush Pilot," a picture depicting the story of Canada's "wilderness fliers" who left the rock and lake country of the Northland at the outbreak of war to join the Royal Canadian Air Force, Errol Flynn, Cary Grant, Burgess Meredith and Olivia De Havilland, it is stated, will come to Ottawa some time during the Summer for the film- ing of background scenes at the Rocke- cliffe, Uplands or Trenton Air sta- tions. R.C.A.F. headquarters dis- closed this today. "Bush Pilot" is now in preparation. Ampa to Nominate Slate on Thursday Ampa members at a luncheon busi- ness meeting at the Hotel Edison on Thursday will elect a nominating com- mittee which will select a slate of officers for the ensuing year. Plans will be discussed for Ampa's Silver Jubilee dinner and dance April 4 at the Edison. MOTION PICTURE DAILY (Registered U. S. Patent Office) Published daily except Saturday, Sunday and holidays by Quigley Publishing Company, Inc., 1270 Sixth Avenue, Rockefeller Center, New York City. Telephone Circle 7-3100. Cable address, "Quigpubco, New York." Mar- tin Quigley, Editor-in-Chief and Publisher; Colvin Brown, Vice-President and General Manager; Watterson R. Rothacker, Vice- President; Sam Shain, Editor; Alfred L. Finestone, Managing Editor; James A. Cron, Advertising Manager; Chicago Bureau. 624 South Michigan Avenue, C. B. O'Neill. Manager; Hollywood Bureau. Postal Union Life Building, William R. Weaver, Editor; London Bureau, 4 Golden Square, London Wl, Hope Williams, Manager, cable address "Quigpubco, London." All contents copy- righted 1941 by Quigley Publishing Com- pany, Inc. Other Quigley publications: Motion Picture Herald, Better Theatres. International Motion Picture Almanac and Fame. Entered as second class matter. Sept. 23, 1938, at the post office at New York, N. Y., under the act of March 3. 1879. Subscription rates per year $6 in the Americas and $12 foreign. Single copies 10c. 3 DC ir ALL OUT NEW YORK.' It OPENS TODAY/ L 2k •£tB5S3338s8ex JAMES CAGNEY OLIVIA DeHAVILLAND in STRAWBERRY BLONDE with RITA HAYWORTH * j S3 and ALAN HALE • JACK CARSON ■ GEO. TOBIAS • Directed by RAOUL WALSH^ BIGGEST N.Y. STRAND SATURDAY OF ALL TIME! Doors opened 8:30 A. M., closed 4 A. M. on the following morning! House capacity, 2800 seats; seats sold, 19,000 in one day!! S.R.O. practically every performance since! i 4 Motion Picture Daily Tuesday, February 25, 1941 Finish Eleven New Pictures; Ten Started Hollywood, Feb. 24. — Forty-one pictures were before the cameras this week, as 11 finished and 10 started. Fifteen are being edited and 72 are in the cutting rooms. The tally by studio : Columbia Finished: "Under Age," "North from the Lone Star." In Work: "She Knew All the An- swers," "Her First Beau," "Senate Page Boys." Started : "Chain Gang." Finished Gloria "New Wine." M-G-M In Work: "Billy the Kid," "A Woman's Face," "Blossoms in the Dust," "Love Crazy," "Dr. Jekyll and Mr. Hyde," "The Uniform." Started: "Lady Be Good." Monogram Finished: "Sign of the Wolf." Started: "Tumbledown Ranch in Arizona." Producers Releasing Finished: "Federal Fugitives." Paramount Finished: "Power Dive." In Work : "One Night in Lisbon," "Caught in the Draft," "Kiss the Boys Goodbye," "Skylark." Started: "Pioneer Woman," "Hold Back the Dawn," "Nurses Don't Tell." RKO Finished: "Repent at Leisure." In Work : "Sunny," "Before the Fact." Started: "Tom, Dick and Harry." Republic In Work: "Sis Hopkins," "Mr. Dis- trict Attorney," "In Old Cheyenne." Started: "Two-Gun Sheriff." 20th Century-Fox Finished: "The Cowboy and the Blonde." In Work : "Blood and Sand," "The Great American Broadcast." Universal Finished : "The Lady from Chey- enne," "Model Wife." In Work : "The Flame of New Or- leans," "Oh, Charlie," "Unfinished Business," "Double Date." .Started: "Hit the Road," "The Black Cat." Warners Finished: "Miss Wheelwright Dis- covers America." In Work : "The Bride Came C. O. D.," "Affectionately Yours," "Sergeant York," "Three Sons O'Guns," "The Gentle People," "The Nurse's Secret." Indiana Regulation Measure Seen Dead Indianapolis, Feb. 24. — The House of the Indiana General Assembly has indefinitely postponed the bill of the Associated Theatre Owners of In- diana to curb "fly-by-night" entertain- ment through bonding and registra- tion of transient promoters. The bill had been in committee several days. Indefinite postponement now is tanta- mount to killing the bill, since the session ends March 10. Hollywood Reviews "Nice Girl?" (Unwers'al) Hollywood, Feb. 24 rYEANNA DURBIN continues to delight with her singing and to *^ grow up in point of material dealt with, performing here, more as actress, less as singing prodigy, a role that would tax most of the maturer leading ladies of motion pictures. Herein she is surrounded, too, by such talent as Franchot Tone, Walter Brennan, Robert Benchley, Helen Broderick and Elizabeth Risdon, to name the elder side of the cast first, with Robert Stack as the young man of the principal romance and Enn Gillis, Anne Gwynne, George Billings, Tommy Kelly and Marcia May Jones also present and accounting for their share of the entertainment. The story, directed by William A. Seiter for producer Joe Pasternak, casts Miss Durbin as daughter of Benchley, who does a nice job of fatherly portrayal, sidetracked romantically from her devotion to Stack and enamoured of Tone, who visits her father and with whom she manages to return to the city by devices amusing enough to keep humor above emotion in the scale of values. Ultimately she returns to her first love, Stack, after quieting what threatens to become a town scandal. Stack has enlisted in the air corps, making plausible a finale in which she sings "Thank You America" to the troops. In common with previous Pasternak productions starring Miss Dur- bin, this one glides gracefully and brightly along, getting its slight story told by means of incidents amusing in themselves. Like all of them, it also profits from the expert art direction of Jack Otterson. The star has five song numbers, which she handles with her usual skill. Running time, 95 minutes. "G."* Roscoe Williams The Hard-Boiled Canary" {Paramount) Hollywood, Feb. 24 ■p\ ESIGNED to present in story setting the juvenile orchestra, chorus and soloists trained at Inter-Lochen, Michigan, this comedy-drama opens with a strip-tease performance on a burlesque stage, moves to the Michigan camp of the young musicians and closes with a grand opera sequence wherein the youngsters sing "Faust" in alternation and for a part of time in concert with an adult company singing "Carmen." It is at its best in the presentation of the musical prodigies, singly and in group, and weakest in the connective passages which work out the progress of the story fitfully. Allan Jones, who sings one song ; Susanna Foster, who sings several ; Margaret Lindsay and Lynne Overman, who sing not at all; Grace Bradley, William Collier, Sr., and others supply the professional per- formances in the picture. Heimo Haitto, Kaye Connor, William Chap- man, Richard Bonelli, Dolly Loehr, Richard Hageman, Irra Petina, Tandy MacKenzie, Deems Taylor and Patricia Travers, a young lady with a gift for comedy, portray themselves. In the story, Allan Jones, son of the head of the music school, rescues a burlesque girl from a raid and, to prevent her being returned to a reform school, enrolls her as a student at the camp. There the young folks bring about a change in her views of life and it is her voice which saves the school from economic disaster. Andrew L. Stone produced and directed the picture. Running time, 80 minutes. "G."* Roscoe Williams Ellery Queen's Penthouse Mystery" (Columbia-Darmour) Hollywood, Feb. 24 SECOND in the series of pictures based on the stories written by Ellery Queen, this film deals with several criminals who attempt to hi-jack jewels shipped to this country by Chinese patriots for sale in order to obtain money for starving refugees. Two murders are com- mitted, mysterious Chinese appear and disappear and the solution is brought about by the customary grouping of all suspects at the climax. Ralph Bellamy appears again as the detective-author, Margaret Lind- ay as his secretary. Charley Grapewin as the police inspector, James Burke as an officer, also appeared in the first. Added to the cast are Anna May Wong, Eduardo Cianelli, Frank Albertson, Ann Doran, Noel Madison, Mantan Moreland and others. Ellery Queen has a wide radio and book following, an item which should help the film's grosses. The story has little action and lags through much of its running time. Larry Darmour produced for Columbia release, with James Hogan directing. Running time, 65 minutes. "G."* Vance King *"G" denotes general classification. Boren Asks Wide Probe of Industry Washington, Feb. 24. — Con- gressional investigation of the practices of the film in- dustry and the influence of films upon economic, political and social life is sought in a resolution introduced in Con- gress today by Rep. Lyle H. Boren of Alabama. Boren seeks a five-man commit.^ to conduct the investigate^ 1 He worked actively for the Neely bill in past sessions. New York Sales Tax Spread Is Unlikely Albany, Feb. 24. — Even though bills were introduced in the New York State legislature last week to give New York City power to continue im- posing special municipal taxes until June 30, 1944, including its sales tax, spread of the latter impost to the en- tire state this year is considered un- likely. The statewide sales tax bill, a three per cent retail plan with a 5 per cent levy on theatre admissions over 51 cents, seems doomed to die in com- mittee, observers here believe. Both Senator Bewley and Assemblyman Whitney, co-sponsors of the bill and chairmen of taxation committees in their respective houses, carefully la- beled the bill on introduction as "by request." Eight New Films Win Approval of Legion Eight of 11 new films have been ap- proved by the National Legion of De- cency, seven for general patronage and one for adults. Three were found objectionable in part. The new pic- tures and their classification follow : Class A-l, Unobjectionable .for General Patronage — "Andy Hardy's Private Secretary," "A Dangerous Game," "The Great Mr. Nobody," "In Old Colorado," "The Phantom Cow boy," "Prairie Pioneers," "Scatter- good Baines." Class A-2, Unobjec- tionable for Adults — "Flight from Destiny." Class B, Objectionable in Part — "The Devil Commands," "The Monster and the Girl," "Tobacco Road." 'Dictator' National Release March 7 Charlie Chaplin's "The Great Dic- tator," will be nationally released by United Artists on March 7. Popular prices will prevail for the general re- lease engagements, even in cities where the picture has not been shown previously at advanced admissions. The national release date was gov- erned by a guarantee given by United Artists to Loew's and other theatres which played the picture pre-release at advanced admission scales on terms of 70 per cent that it would not be shown at regular admission scales for six months afterwards. Renews RCA Contract Tri-States Theatres Corp., Des Moines, has renewed its RCA service contract covering 90 theatres. WTEN BEST" ALL ON EASTMAN FILM EVERY one of the Ten Best Pictures, se- lected in the Film Daily's critics poll for 1940, was made on Eastman Negative Films. This impressive record speaks for itself. In 1941, these exceptional films will continue to contribute to the success of outstanding screen productions. Eastman Kodak Company, Rochester, N. Y. J. E, BRULATOUR, INC., Distributors Fort Lee Chicago Hollywood PLLS-X SLPER-XX for general studio use when little light is available BACKGROLND-X for backgrounds and general exterior worh EASTMAN NEGATIVE FILMS 6 Motion Picture Daily Tuesday, February 25, 1941 Republic Will Offer 60 Films Next Season Feature Reviews "Blondie Goes Latin" {Columbia) Hollyzvood, Feb. 24 C CREENED for the press and that section of the public which braved ^ a downpour in Glendale to attend the Alexander Theatre without notice of a preview coming up, this number in the Blondie series made those present forget wet feet and dripping umbrellas in a succession of laughs that continued unabated to the end. There is some diminution of accent on the domestic side of the Dag- wood Bumstead family's affairs this time and some important extension of the talents of Arthur Lake and Penny Singleton. He is pressed into service as a trap drummer and turns in a bang-up job with the sticks. She does some singing well, and an extensive exhibition of rhumba and conga equally so. The picture opens with Dagwood, Blondie, Baby Dumpling and Daisy taking off for South America as guests of Dagwood's employer. At the last moment Dagwood is to be left behind but fails to get off the boat. Afraid to confront his employer, he masquerades as girl drummer in the ship's orchestra. A Latin aboard — played and sung by Tito Guizar — ■ and a girl entertainer — played and sung by Ruth Terry — participate in the complications. The tale ends happily with misunderstandings cleared up and Dagwood hero of a profitable business deal by grace of a blunder. Production is by Robert Sparks, direction by Frank R. Strayer. Running time, 68 minutes. "G."* Roscoe Williams "It Happened to One Man" (RKO) MADE in England with a company of British players in support of extremely limited marquee value, though they are generally com- petent, this appears to rely almost solely on its star, Wilfred Lawson, to create box-office interest. The film has Lawson in the role of a shrewd financier whose shady transactions result in a prison sentence. After serving his term, he pursues a double-crossing associate and in self defense kills him, returns home and ultimately leaves again since his reputation could hardly benefit his family. Despite his fine work, the story is somewhat slow/having little action or humor about it. Lighting and sound are not of the best. Obviously the only selling point is Lawson, who is gaining recogni- tion here because of his brilliant performance in "Pastor Hall." Running time, 80 minutes, "G." * (.Continued from page 1) beginning of each quarter, in order to keep abreast of timely material. The features will include six De Luxe productions; two Special Pre- miere films, starring Gene Autry, with Smiley Burnette and Mary Lee ; eight Historical Westerns, starring Roy Rogers with George Hayes and Sally Payne; eight Three Mesquiteer pro- ductions starring Robert Livingston, Bob Steele and Rufe Davis, and eight Action Westerns featuring Don "Red" Barry. Two of the serials will be in 15 episodes and two will be 12 epi- sodes. The shorts, to be released one each month, will be Harriet Parsons' series, "Meet the Stars," a Hollywood reel. Salesmen and bookers left tonight, others remaining. Yates, Grainger Speak H. J. Yates, Grainger and M. J. Siegel, president of Republic Produc- tions, are among the speakers at the meeting here. Grainger will also pre- side at the other regional meetings, which Yates will attend. Attending the meeting here are J. T. Sheffield, franchise holder in the Northwest, and the following branch managers: Ed Walton, Seattle; J. H. Sheffield, Portland; Gene Gerbase, Denver ; E. M. Loy, Butte ; G. S. Pinnell, Salt Lake City; Sid Weis- baum, San Francisco; Francis Bate- man, Los Angeles. The second meeting will be held in Kansas City on Thursday and Friday. These managers will attend: Lloyd Rust, Dallas; Nat Steinberg, St. Louis ; F. R. Moran, Des Moines ; C. F. Reese, Omaha; with R. F. With- ers, franchise owner in Kansas City ; Gilbert Nathanson, franchise owner in Minneapolis and Sol Davis, franchise owner in Oklahoma City. Third Meeting in Atlanta The third meeting will be held in Atlanta on March 3 and 4. Attending will be : A. C. Bromberg, franchise owner of the Southern division, and Managers L. V. Seicshnaydre, New Orleans ; W. M. Snelson, Memphis ; Henry Glover, Atlanta; J. H. Dillon, Charlotte, and H. V. Laird, Tampa. The fourth meeting will be held in New York on March 6 and 7. The following will attend: Managers Ar- thur Newman, Albany ; Jack Bellman, Buffalo; Morris Epstein, New York; M. E. Morey, Boston ; Sam Seletsky, New Haven ; Max Gillis, Philadel- phia ; Sam Seplowin, Detroit ; Jake Flax, Washington franchise owner; J. H. Alexander, Pittsburgh franchise owner ; Nat Lefton, franchise owner in Cleveland and Cincinnati, and mana- gers Sam Gorrel of Cleveland and George Kirby of Cincinnati. Indianapolis Triplets Indianapolis, Feb. 24.— Triple bills are being used here. The Fountain Square, de luxe neighborhood man- aged by Earl Cunningham, is trying them one night a week, called "Pre View Night," and the Apollo, down- town subsequent run, has "The Bank Dick," "Four Mothers" and "Calling All Men." * "G" denotes general classification. To Develop Program For South America Plans for a 30-minute recorded pro- gram for broadcasting by South American radio stations will be devel- oped by a subcommittee of foreign department publicity managers which is studying the advisability of major company participation in radio adver- tising in Latin America, it was de- cided at a meeting of the subcommit- tee at M.P.P.D.A. headquarters yes- terday. The group will report its plans to the general committee for further consideration. William Otto Dies Louisville, Ky., Feb. 24. — William J. Otto, 69, a stage hand in Louisville theatres for than 40 years, died at St. Joseph's Hospital here of pneu- monia. He underwent an operation two weeks ago. Guinan to P. R. C. St. Louis, Feb. 24.— William A. Guinan has been added to the sales staff of the local exchange of Pro- ducers Releasing Corp. by A. R. Dietz, branch manager. HolidayBooms Box-Off ices On Broadway (Continued from page 1) at the house. Raymond Scott and his orchestra are on the stage. "The Lady Eve" with Tony r£T - tor's orchestra opens at the Paranfc>..'nt tomorrow, succeeding "You're the One." The latter with Ella Fitzgerald and her orchestra did an estimated $17,000 Saturday and Sunday and should finish the week tomorrow night with about $32,000. "The Great Dictator" did well on Saturday at the Astor with about $4,000, grossing an estimated $14,200 for the week. "Back Street" is still doing well at the Rivoli. It completes its second week tonight with an estimated $24,- 000 expected. "Road Show" finished a week at the Rialto last night with an estimated $5,200. "Meet Boston Blackie" replaces it today. "Blondie Goes Latin" opens at the New York today. Legitimate Houses Have Big Weekend With nine matinee and 13 evening performances on Sunday, exclusive of benefits, the legitimate stage had its biggest weekend since the introduction last November of the rule permitting Sunday shows. A large, number of out-of-town visitors over the Wash- ington's Birthday weekend helped swell grosses. James F. Reilly, executive secretary of the League of New Y0I"k Theatres, pointed out that the trend toward Sun- day shows for all plays was increas- ing and he said that receipts on Sun- day as compared with Monday defi- nitely proved that the experiment is successful up to this point. Under the terms of its original au- thorization, Actors Equity set June 1 as the end of the period when Sunday shows will be permitted. The field will be surveyed again at the end of the experimental period and a decision will be made at that time on whether it should be continued on a permanent basis. Violations Bring Late Award Release (.Continued from page 1) KFWB here are understood to be in- cidents prompting the new procedure. The arrangement provides that a representative outside auditing firm will make the winner in each division known to Walter Wanger, Academy president, on the dais at the Academy banquet in sequence during the eve- ning. New Jersey House Sues Distributors (Continued from page 1) false, the plaintiff asserts. Payments of other alleged unreasonable and dis- criminatory charges for film rentals are also claimed. The defendants are charged with violating anti-trust laws at the present time. Attorneys for the plaintiff are Hays, Podell, and Shulman. Drama Guild, N. Y. Theatre League At Odds Over Closed Shop Clause The Dramatists Guild and the League of New York Theatres are at odds over a "closed shop" provision inserted in the new con- tract by the Guild, it was learned yesterday. The old five-year basic agreement expires next month and negotiations have been pending for the past few months. Under the present agreement, producers of Broadway plays are permitted to produce each season one British play and an unlim- ited number of foreign plays written by non-Guild members. The guild is seeking to eliminate this provision and compel the mana- gers to produce plays either written by Guild members or by members of foreign societies which have reciprocal agreements with the Guild. Tuesday, February 25, 1941 Motion Picture Daily 7 No Defense Propaganda In Films, Golden Says Problems Weighed By British Council Great Neck House Files on Clearance (Continued from page 1) Playhouse is operated by Skouras The- .atres Corp. Notices of intervention have been filed with the Washington board in the first industry arbitration case of record there, by the three Durkee Circuit houses named in the clear- an^VLpmplaint of Thomas Goldberg 'agaiffist 20th Century-Fox and War- ners. The intervenors are Durkee's (Ambassador, Forest and Gwynne. 1 Second Case Filed Against Durkee i Washington, Feb. 24. — The West- iway Theatre of Baltimore, operated by Leo J. Homand, has filed a com- I plaint with the local arbitration board, | alleging unreasonable clearance held by the Edgewood Theatre, operated :by the Durkee interests. Companies named are 20th Century-Fox, M-G-M { and Warners. This is the second Bal- , timore clearance case against Durkee. j The Irvington in Baltimore and the Alpha of suburban Catonsville also have protection over the Westway, and as a result of "discrimination" the theatre has lost money since its open- ing in 1939, the complaint alleges. I BMI Music in Film i i Hollywood, Feb. 24. — First com- ! ;plete use of BMI music in a picture i will be in Republic's "Puddin'head," • according to Harry Engel, BMI I iHollywood manager. Atlantic City, Feb. 24. — The screen, in its capacity as a significant aid to defense, "should not and will not be used as propaganda," Nathan D. Golden, Chief of the Motion Pic- ture Division of the Department of Commerce, declared in an address here today on "Motion Pictures in Education," before the 71st annual convention of the National Educa- tion Association. "The industry fully realizes," Gold- en said, "that motion pictures, to be really useful in carrying out their true defense objectives, must be enlight- ening, instructive, and devoid of any intent to sway the individual opinions of the persons who enjoy them and benefit substantially from them." The industry, Golden pointed out, with its vast facilities and manpower, is now rendering valuable service to the defense program in producing films of value in cultural relations and in the training of the nation's armed forces. Films showing the best meth- ods for expediting industrial proces- ses, improving home defense and fur- thering other objectives essential to preparedness can be made easily, Gold- en said. Reporting on a survey undertaken late last year by the Department of Commerce at the request of the non- theatrical motion picture industry and in the interest of national defense, Golden indicated that 12,443 16mm. projectors and 2,447 35mm. projectors are owned by colleges and high schools in the United States and its possessions Of the 12,443 16mm. pro- jectors, 6,059 are silent and 6,384 are equipped for sound. Of the 2,447 35- mm. projectors, 1,624 are silent and 823 are sound-equipped. A total of 7,526 schools state they have no permanent motion picture equipment of any type, Golden report- ed. Some schools indicated that they had facilities to "borrow" or "rent" as many as 5,578 16mm. projectors and 1,070 35mm. projectors either from other schools or from commercial dis- tributors of such equipment. Golden cited the fact that a survey in 1936 which covered 9,000 school systems in the urban areas of the United States, indicated that 6,074 16mm. silent projectors and 458 16mm. sound projectors were available, while 3,230 35mm. silent projectors and 335 sound projectors were in use. Also, 2,733 film-strip projectors were avail- able at that time. Discard Two Conn. Bills New Haven, Feb. 24.- — Two safety device bills for projection machines have been thrown out of the Connecti- cut legislature by the judiciary Com- mittee. The bills were filed in skele- ton form and full text was not sup- plied by the filing deadline. London, Feb. 24. — The Films Coun- cil over the weekend held an exhaus- tive study of the whole industry situ- ation, in sequel to the plea of the Cinematograph Exhibitors Associa- tion to Oliver Lyttleton, president of the Board of Trade, for a reduc- tion in the exhibitor quota. The discussion was adjourned un- til next Thursday. Several members of the council suggested scrapping the entire Quota Act and devising substitute legislation, it is understood, but the idea was strongly opposed by producers and labor interests and was received with marked indifference by exhibitors. It was agreed to prepare a compre- hensive report on the discussions, with individual comments, for ultimate pres- entation to Lyttleton for his guid- ance. Iowa Exhibitors to Fight Adverse Bills Des Moines, Feb. 24. — Iowa exhib- itors at a meeting held here over the weekend, discussed plans of a cam- paign against chance games and the- atre tax bills now pending in the Iowa legislature. The business session followed a meeting called to make plans for the state's theatre participation in the Greek Relief Fund drive, for which the Iowa theatre quota is $13,000. G. Ralph Branton of Tri-States, E. J. Tilton of Warners and L. F. Wol- cott, president of the I.T.O. of Iowa and Nebraska, led the discussion. 8th ANNUAL I.T.O. A. MOVIE BALL Hotel Astor, Saturday Night, March 1st, 8 P.M. ELI DANTZIC ZITO And His Orchestra * And His Rhumba Band STARS - ENTERTAINMENT - SURPRISES Tickets : Ten Dollars per Person Obtainable at I.T.O. A., Room 19 2, Hotel Astor-Clrcle 6-6460 s Motion Picture Daily Tuesday, February 25, 1941 Off the Antenna PHILADELPHIA is running a close second to New York in FM activity. Six applications have been filed there and four construction permits have been granted already. For the New York area, 18 applications have been filed and seven granted. The total around the country is 91 applications filed and 39 granted. In other leading cities the situation is : Chicago, six sought, five granted ; Los Angeles, five sought, one granted ; Detroit, four sought, two granted ; Pitts- burgh, three sought, two granted ; Boston, three sought, one granted ; St. Louis, three sought ; Hartford, Conn., two sought, two granted ; Schenectady, two sought, two granted; and Providence, two sought. • • • Purely Personal: Joe Rines has been named musical director at WMCA, effective March 22. . . . Frank Luther has been appointed in charge of Dc-cca records for children. . . . Frank Danzig of WMCA's production staff will be guest lecturer at Long Island University tonight. . . . Elizabeth Wayne has been named Mutual correspondent at Batavia, Java, Dutch East Indies. . . . Walter Gross has been appointed dance band conductor for CBS. . . Lawrence Tibbett will return as guest .soloist on the "Ford Sunday Evening Hour" over CBS Sunday at 9 P.M. • • • Calling attention to March 29, the date set by the FCC for the change- over to the new frequencies, Gov. Keen Johnson of Kentucky has des- ignated that day "Radio Movin' Day" in Kentucky. His order named the 10 Kentucky stations which are affected. • • • Two outstanding exponents of Pan-American friendship, Dr. Leo S. Rowe, director general of the Pan-American Union, and Nelson Rockefeller, coordinator of commercial and cultural relations between the American Re- publics, will be guest speakers at a dinner which will conclude a three-day conference of the CBS "School of the Air of the Americas." They will speak Saturday at the Waldorf-Astoria Hotel and the speeches will be carried by CBS from 10:15-10:45 P.M. Outstanding educators from every country in the Western hemisphere are expected to attend the session, which starts in Atlantic City Thursday. • • • Program News: NBC has succeeded in selling part of its 11 P.M. news spot on WEAF. Beginning Thursday, Philip Morris & Co. will sponsor the Thursday, Friday and Saturday periods with RCA sponsoring the re- maining days. . . . The Coca Cola show over CBS at 4:30 P.M. mill be ex- tended from 30 to 45 minutes beginning Sunday. . . . "Prof. Quiz" will shift his program from Tuesdays at 9:30 P.M. to Thursdays at 10:15 P.M. . . . The 20th Century-Fox film, "Western Union," will be "dramatized" by Fred Alien over CBS tonwrroiv evening at 9. . . . Joan Edzcards, the former Paul Whiteman vocalist, will start a CBS scries of her ozvn Monday when she is heard Mondays, U'cdncsdays and Fridays at 10:30 P.M. in "Girl About Town." FCC Approves Five FM Stations Ascap Decree Hearing Set For Monday Federal Judge Henry W. Goddard yesterday set Monday as the tentative date for a public hearing on the pro- posed Ascap Federal consent decree. Victor O. Waters, special assistant to the U. S. Attorney General, and Herman Finkelstein, of counsel for Ascap, told the court that negotiations on the decree were nearing a con- clusion and probably would be com- pleted in time to submit the decree to the court on Wednesday. Will File New Suit Waters said the Government's pro- cedure will be to ask for dismissal of the Government's 1934 anti-trust suit which is still pending against the society here, to file a new anti-trust suit against Ascap in its stead and to hand up the consent decree in settle- ment of the new action immediately afterward. These steps probably will be taken on Wednesday and the public hearing will follow on Monday or as soon thereafter as the court directs. Settlement of the Government's criminal information against Ascap pending in Federal court at Milwau- kee will be undertaken separately, thereafter, Waters said. Interpretation Added The principal factor delaying clos- ing of the decree, it was said, is the necessity for embodying in the de- cree itself an interpretative notation appended to it by the Ascap board of directors at the time they approved the decree, setting forth the under- standing that the decree will not pro- hibit Ascap and the broadcasters from adopting any new contractural terms which they are able to agree upon mutually. The interpretation follows an agreement with the Government that the society and the broadcasters are not to be restricted to the blanket or per piece contracts referred to in the decree, if other acceptable formu- lae can be agreed upon by the two. Milton Diamond, attorney, and John G. Paine, Ascap general manager, also appeared in court yesterday for the society, and Warren Cunningham, Jr., for the Government. NY Bill Bans Liquor Price on Programs Albany, Feb. 24. — A measure in- troduced in the New York State legis- lature by Assemblyman Fred Hollo- well is construed as prohibiting the price of beer, wine or liquor on radio programs. The bill includes a paragraph which reads, "No person shall advertise in any form whatsoever the price or process of alcoholic beverages." The measure was submitted as an amend- ment to the alcoholic beverage con- trol law. Settle Farnsworth Strike Marion, Ind., Feb. 24. — Employes of Farnsworth Television & Radio Corp. returned to work today follow- ing a nine-day strike. The company is working on $600,000 of government contracts for military radio equipment. About 600 are employed. Washington, Feb. 24. — Construc- tion permits for five FM and four regular broadcasting stations have been granted by the Federal Communica- tions Commission. Four of the five FM permits were issued to Westinghouse Radio Sta- tions, Inc., for transmitters at Phila- delphia on the 45,700-kilocycle chan- nel, to cover 9,300 square miles with a population of 4,500,000 ; Boston, on 46,700 kilocycles, to cover 6,700 square miles with a population of 3,400,000 ; Fort Wayne, Ind., on 44,900 kilocycles, to cover 6,100 square miles with a population of 420,000, and Springfield, Mass., on 48,100 kilocycles, to cover 2,500 square miles with a population of 500,000. The fifth permit went to Rockford Broadcasters, Inc., Rock- ford, 111., for a station on 47,100 kilo- cycles to cover 3,900 square miles with a population of 270,000. Seek Hawaiian Station The permits for new regular broad- casting facilities were issued to Ha- waiian Broadcasting System,. Ltd., for a 1,310-kilocycle. 250-watt station at Honolulu, T. H. ; Vermont Radio Corp., Inc., for a 1,390-kilocycle, 1,000- watt daytime station at St. Albans, Vt, and Harbenito Broadcasting Co., for a 1,240-kilocycle, 250-watt station at Harlingen, Texas, and William D. and Violet Hutton Hudson for a 1,370-kilocycle, 250-watt station at Clarkville, Tenn. The commission also authorized Sta- tions WFOR, Hattiesburg, Miss., to increase power from 100 to 250 watts, and WEVD, New York, to increase power from 1,000 to 5,000 watts. An application of Columbia Broad- casting System for a new FM station at Boston was ordered set down for hearing, at a date to be fixed later. Authority to construct a new 1,500- kilocycle, 250-watt broadcasting sta- tion at Butte, Mont, has been asked of the commission by Barclay Craig- head. An application also was filed by Station KHSL, Chico, Cal., for in- crease of night power from 500 to 1,000 watts. Song Suit Names BMI BMI, George Fragos, Jack Baker and Dick Gasparre were named de- fendants yesterday in a song infringe- ment suit filed in U. S. District Court here by Ira B. Arnstein, who charges plagiarism of his song, "Sadness Overwhelms My Soul," in BMI's number, "I Hear a Rhapsody." Battle Looms BetweenAFM, Artists Guild A battle of major proportions be- tween the American Guild of Mu- sical Artists and the American Fed- eration of Musicians is expec n<^ to break out within the next fevif^./ s it was learned yesterday. The juris- dictional fight is expected to start in the symphonic and concert field but there is a real possibility that it will spread quickly to other fields, par- ticularly radio, it was said. AGMA officials for the past week have been engaged in almost con- tinuous conferences and have refused to comment on the situation. Under the terms of the order issued by James C. Petrillo, A.F.M. president, all in- strumentalists must join the A.F.M. before Saturday or be barred from all fields of entertainment where the mu- sicians have contracts. Support Not Expected AGMA strategy was said to be to withhold all information about future plans until the end of the week. It was indicated that AGMA does not anticipate any strong support from other talent unions in the Associated Actors and Artistes of America. When Petrillo issued his original edict last August, the other unions passed for- mal resolutions promising support but indicated that they did not wish to be involved in another jurisdictional bat- tle. According to reports, their senti- ments do not appear to have changed much since that time. However, AGMA officials believe that their organization may be suffi- ciently strong to put up a good fight. Most concert orchestras in the coun- try rely heavily for their drawing power on the presence of outstanding instrumentalists and it was pointed out that if these artists are not permitted to appear, many orchestras will be compelled to cancel concerts and thus deprive many musicians of employ- ment. The same situation, in some respects, applies to radio programs which feature classical orchestras. May Force Settlement Additionally, most of these instru- mentalists are under contract for some months in advance. If the musicians refuse to play with them, the spon- sors of the concerts will be in the posi- tion of being compelled to pay for their services while gaining no bene- fits from their drawing power. Under these circumstances. AGMA officials say, it is possible that the sponsoring organizations may bring pressure to bear on the musicians to compel some settlement of the dispute. Students in Radio Accolades to S. A. Forty students at the Peekskill Military Academy whose homes are in Central and South America will salute their homelands in a special broadcast over NBC short wave tomorrow even- ing. All Latin-American consuls in New York have been invited to the j studios to witness the broadcast and , Capt. Colon Eloy Alfaro, Ambassador from Ecuador, and Andres Pastoriza. ' Minister from the Dominican Repub- lic, will also be present. Alert, InteUigei awTy to the^J cjtion Picture Industry MOTION PICTURE First in DAI M.P.P.D.A. 0^ AMERICA, 28 WEST 44TH ST. , NEW YORK, N. Y (6 COPIES) I Impartial 49. NO. 39 NEW YORK, U.S.A., WEDNESDAY, FEBRUARY 26, 1941 TEN CENTS Appeal Board To Open Here On March 12 Complaint in Milwaukee Names Paramount Opening of the national arbitra- tion appeals board headquarters in Rockefeller Center on March 12 will be marked by the American Arbitration Association with a re- ception to which a representative list of industry executives has been invited. Meanwhile, the A. A. A. yes- terday completed designation of the initial panels of arbi- trators for the New Haven and Seattle boards. The initial panel for New Haven consists of 15 arbitrators, seven of whom are attorneys, and that for Seattle consists of 10 arbi- trators, six of whom are at- torneys. Typical of those selected for the panels are : A. G. Gulliver, dean of the Yale Law School, and Henry W. Jones, Jr., president of American Tube Bending Co., on the New Haven (Continued on page 6) Abrams N. Y. Branch Manager for N.S.S Leo Abrams, who resigned recently as short subject sales manager for Universal, has been appointed New York exchange manager for National Screen Service by George Dembow, vice-president in charge of sales. The appointment is effective on March 10, and will free Morton Van Praag, who has been supervising New York, for his duties as Midwestern district man- ager, a post he has held for two years. Abrams left Universal after nearly 25 years of service with the company. He started as a salesman for the Big U Exchange, and was manager suc- cessively in New Haven, St. Louis and Kansas City. Then he was named manager of the New York ex- change after a period as salesman here. He was at the local exchange for 10 years before becoming short subject sales manager. Quigley En Route ToN.Y. from Coast Hollywood, Feb. 25. — Martin Quig- ley, publisher of Motion Picture Daily and Motion Picture Herald, left here tonight by Super Chief for New York after several weeks on the Coast. 'Nice Girl?' to Play At Paramount Here "Nice Girl?" Universal pic- ture starring Deanna Durbin, will open at the Broadway Paramount Theatre on March 26. This will be the first Uni- versal film to play the house in more than 10 years, ex- cepting "The Boys from Syracuse," Mayfair film re- leased by Universal, which opened at the house July 16, last year. New Basic Pact With Theatres Approved By Dramatists Guild The council of the Dramatists Guild yesterday formally approved its new basic agreement with legitimate the- atre producers. It will go in effect Saturday for five years, subject to signing by the theatrical managers. The present five-year agreement ex- pires Friday. The basic contract for the first time incorporates the provisions for pur- chase in advance of film rights to a play by a film company which is back- ing the play. Previously, these pro- visions had been in the form of a supplement to the agreement. Although there has been opposition by the Leaerue of New York The- atres to the new provision which re- quires that foreign playwrights must be members of the Guild before their (Continued on page 6) SCHINE-U. S. TALKS ON DECREE ARE OFF Fail to Agree on Terms of Future Expansion; U. S. Sees Chance Against New Parleys And No Crescent or Griffith Settlements Negotiations for a consent decree between the Schine Circuit and the Department of Justice in the Government's anti-trust suit pending in Federal court at Buffalo have been discontinued and there is little pros- pect of their being renewed, an official Government source said yesterday. Breakdown of the negotia- tions for a decree in the Schine suit are reported to have re- sulted from inability to agree upon proposals under which the circuit could continue natural and advantageous ex- pansion in the future. The same source expressed the opin- ion that there would be no consent de- cree settlement of the anti-trust suits against the Crescent Amusement Co. in Federal court at Nashville and the Griffith Amusement Co. at Oklahoma City. Prospects of a settlement of the Griffith suit never have been promising, however, even though discussions have been under way since last Fall. No serious decree discussions ever have been held in the Crescent case. Freedom to acquire theatres under circumstances deemed advisable was one of the basic conditions known to have been insisted upon by the Schine circuit throughout the decree discus- sions with the Government. Those discussions have been under way for many months with Willard S. Mc- (Continued on page 6) Neb. Divorce Bill Dying Lincoln, Neb., Feb. 25.— Observ- ers at the state legislature here said today they doubted a divorcement bill prohibiting ownership of theatres by producers would ever be given a com- mittee hearing. Sources close to the legislators said the measure's author, E. M. Neubauer, former exhibitor, is not eager to have the bill heard. _ Two other bills have been killed. The first would have levied a tax of 10 per cent on all admissions tickets, whether paid or free, and the second would have required distributors to obtain a permit from the railway com- mission at an annual fee of $1,000 plus $1 for each reel, and would have made it unlawful for an exhibitor to buy more film "than is reasonably neces- sary for use in his theatre." Atlas Owns 39% of RKO Common, 28% Preferred Increasing its holdings of both RKO preferred and common stock during the six months ended Dec. 31, last, Atlas Corp. on that date owned 28 per cent of the outstanding RKO pre- ferred and 39 per cent of the corn- Atlas Corp. at Dec. 31 owned 26,980 shares of Hearst Con- solidated Publications, Inc., preferred stock, with a market value on that date of $148,390, the Atlas report shows. This makes Atlas one of the largest stockholders in the Hearst publishing enterprises. mon, the company reveals in its an- nual report and portfolio statement issued yesterday. An analysis of the report shows that 14 per cent of the total of Atlas in- vestments was in common stocks of amusement companies at the end of 1940. At the same time, Atlas disposed of all of its Paramount first and second preferred stock, partially by conver- sion into common; added 7,000 shares of Keith-Albee-Orpheum preferred stock and 10,000 shares of Walt Dis- ney Prod, preferred, and retained 7,000 shares of General Theatres Equipment Corp. common during the six months' period. The Atlas holdings in RKO at the end of the year consisted of 35,481 shares of preferred valued at $1,525,- 694; 1,001,126 shares of common, val- ued at $3,754,224, and 327,811 RKO (Continued on page 6) New Orleans Houses Enjoy Good Grosses New Orleans, Feb. 25. — Theatres in the business district here played to full houses today as the 114th Mardi Gras reached its height. It was the first good business day the local the- atres have had, however, in over a week. For the past 10 days parades and balls have resulted in virtually empty film houses, with some of the neigh- borhood theatres closing entirely. They will not reopen again until Ash Wednesday, tomorrow, when the fes- tivities will end. Reviewed Today "Meet Boston Blackie" is reviewed on Page 6. Critics' Quotes will be found on Page 5. 2 Motion Picture Daily Wednesday, February 26, 1941 Coast Flashes Hollywood, Feb. 25 PARAMOUNT today purchased the film rights to "Louisiana Pur- chase," successful Broadway musical comedy written and produced by B. G. DeSylva, since made executive producer at the studio. Studio spokes- men said the price was $150,000. • In an unusual complaint of its type, Mel Forrester, an extra, today charged in an N.L.R.B. complaint that the Central Casting Corp. has violated the Wagner Act through alleged discrim- ination against him in job distribu- tion. Although the Screen Actors' Guild, bargaining agency for extras, was not mentioned in the complaint, Forrester charged his union activities caused the "discrimination." • A $150 minimum salary for writers will be sought by the Screen Writers Guild in bargaining conferences with the producers, members decided at a meeting last night. Tyrone Power was set today by 20th Century-Fox to star in "A Yank in the R.A.F.," story of an American in the Royal Air Force. RKO today signed Anna Lee, Eng- lish actress, to a term contract. Her first assignment will be opposite Ron- ald Colman in "My Life with Caro- line." Personal GEORGE J. SCHAEFER, RKO president, has returned to the Coast after a brief visit here. • Carter Barron, Loew Theatres Eastern division manager at Washing- ton, is visiting the home office. • C. A. Kirby of the Universal for- eign department, has returned from a Florida vacation. Arthur Herschman of the Loew Circuit advertising department is in Miami convalescing from a long ill- ness. Ben Lourie, Columbia salesman in New Haven, is visiting Phil Fox, Columbia manager in Buffalo. • Ed Thorgersen, Movietone News sports commentator, has left for his annual vacation in Miami. He is due back on March 10. • Robert Talbot, city manager in Spartanburg, S. C., for Wilby-Kin- cey, has been named a director of the merchants bureau of the Cham- ber of Commerce there. • Mathilda Kass, head of Para- mount's foreign billing department, was married recently to Abe Cohn of this city. • George Jeffery has returned from a trip to Canada and New England. Mention JULIUS GORDON of Beaumont, Tex., is in town for conferences with Paramount home office officials. • Ted Schlanger, Warner zone chief in Philadelphia, has left for Florida. • William F. Rodgers, David Wein- stock, Max Dreyfus, Lou Drey- fus, John W. Hicks, Russell Hol- ,man, Sidney Phillips and Richard Rodgers lunching at Nick's Hunting Room in the Astor yesterday. • Al Richard, Jacob Wilk, John Emery, Brock Pemberton and Nat Karson having lunch yesterday at Sardi's. Clarence Eiseman, Haskell Mas- ters, Joseph Moskowitz, Harry Gold and Bernard Brandt at Lindy's (51st St.) yesterday for lunch. • Al Margolies, Monroe Green- thal, Sam Tulpan, Sam Goldberg and Maurice Freeman lunching at Lindy's (next to the Rivoli) yes- terday. • James Smith, Jack Mills, Harry Thomas, Douglas Rothacker and Jeffrey Bernerd at the Tavern yes- terday for lunch. • Spyros Skouras, Sam Shain, Maurice Bergman, Morris Kinzler and Jack McKeon at the Oak Room in the Hotel Plaza for lunch yes- terday. Nat Ross Fatally Shot; Was with 'U' Hollywood, Feb. 25. — Nat Ross, 37, formerly a film distribution and production figure, was shot and killed last night at his office in the Cotton Products Corp., of which he was part owner and foreman. His assailant is held by the police. Ross left the film business about two years ago, after being in it more than two decades. At one time he was assistant manag- ing director of the Strand Theatre in New York and later was private secretary to Carl Laemmle, Universal president, and then assistant to Irving Thalberg at Universal. He directed at the studio for several years and produced for M-G-M and Columbia in England. W. B. Product Talks On Coast in March Chicago, Feb. 25. — Conferences to determine the new season Warner product will be held early in March in Hollywood, according to Jack L. Warner, vice-president in charge of production, who passed through here today en route to New York. H. M. Warner, Jack Warner, Hal B. Wal- lis, Gradwell L. Sears and S. Charles Einfeld will participate. Shoot Your Next Film at Edison Motion Picture Studio NEW YORK'S FINEST Large and small sound stage — Latest equip- ment — Rehearsal rooms — Private projection theatre — Executive offices — Conveniently located MODERATE RATES Phone CH lettering 4-81 16-7-8 Newsreel Parade 'T' HE newsreels in their new issues give sports and defense thorough treatment. They depict among other things the navy's new patrol boats, known as the "mosquito fleet" off Miami. Rowing, bowling, skating, track and horse racing are covered in. the sporting world. TJie contents: ft MOVIETONE NEWS, No. 49— Big bomber' here for shipment to England. Mardi Gras in New Orleans. Officer Gene Tunney with cadets. C.C.C. boys learn auto mechanics. California Bears in rowing practice. Wo- men in Chicago bowling conference. Greg Rice breaks track record. Beauties in Miami. NEWS OF THE DAY, No. 247— New schools for tars. Mosquito squadron in the Gulf Stream. British defense. Choose "Miss America" in Miami. The ladies bowl in Chicago. New York track meet. Skating in Washington. Flamingo Stakes at Hialeah. PARAMOUNT NEWS, No. S2— Torpedo boats in demonstration. Super bomber here for transfer to England. Cargo ship leaves on mystery voyage. Adventists drafted into medical corps. Windsor at Nassau dog show. Pretty girls in Coral Gables. New Yorkers slam Hitler in collect cables to Germany. Racing at Hialeah. Skiing in New Hampshire. Track meet in New York. Women's bowling championships. RKO PATHE NEWS, No. 52— Skating championships in Washington. Mosquito fleet in trial runs. Test new railway rifle in Aberdeen. Adventists do medical work in the army. Women enlist as army hostesses. Mardi Gras in New Orleans. Beauty contest in Rio de Janeiro. Rice wins three-mile race. Bowling tournament in Chicago. Flamingo Stakes at Hialeah. UNIVERSAL NEWSREEL, No. 957— Mosquito boats in maneuvers. Bomber for Britain in New York. Army balloon tactics in Washington. Mardi Gras in New Orleans. Fashions. Ice skating in Wash- ington. Crew practice at University of California. Track meet in New York. Bowling in Chicago. Flamingo Stakes. E. /. O'Brien, Metro British Editor, Dies London, Feb. 25. — Edward J. O'Brien, famous short story expert and European story editor for M-G-M, with headquarters at the Metro British studio, died at Gerrards Cross, Buck- inghamshire, on Friday, according to word received here today. He was 50 years old. O'Brien, who had edited annual vol- umes of short stories since 1915, first in the United States and then in Eng- land, had been story editor here for M-G-M about four years. MOTION PICTURE DAILY (.Registered U. S. Patent Office) Published daily except Saturday, Sunday and holidays by Quigley Publishing Company, Inc., 1270 Sixth Avenue, Rockefeller Center, New York City. Telephone Circle 7-3100. Cable address, "Quigpubco, New York." Mar- tin Quigley, Editor-in-Chief and Publisher; Colvin Brown, Vice-President and General Manager; Watterson R. Rothacker, Vice- President; Sam Shain, Editor; Alfred L. Finestone, Managing Editor; James A. Cron, Advertising Manager; Chicago Bureau, 624 South Michigan Avenue, C. B. O'Neill, Manager; Hollywood Bureau, Postal Union Life Building, William R. Weaver, Editor; London Bureau, 4 Golden Square, London Wl, Hope Williams, Manager, cable address "Quigpubco, London." All contents copy- righted 1941 by Quigley Publishing Com- pany, Inc. Other Quigley publications: Motion Picture Herald, Better Theatres, International Motion Picture Almanac and Fame. Entered as second class matter, Sept. 23, 1938, at the post office at New York, N. Y., under the act of March 3, 1879. Subscription rates per year $6 in the Americas and $12 foreign. Single copies 10c. California AMERICAN'S SOUTHERN SUNSHINE ROUTE it Five American Flagships daily take you along the Southern route across Virginia, Tennessee, and through the sunshine of Texas and Arizona to Los Angeles and the Pacific Coast. Save days of time, enjoy every minute of your trip. For reservations, call your Travel Agent or HAvemeyer 6-5000. Ticket Offices: 18 W. 49th St. at Rockefeller Center and Airlines Terminal, 42nd Street at Park Avenue. AMERICAN AIRLINES ^ ROUTE OF THE FLAGSHIPS 'The Hardys are in town!' lb 'The Hardys are in town!" 'The Hardys are in town!' Wednesday, February 26, 1941 Motion Picture daily 5 'Wind' Takes Good$13,500 Seattle Gross Seattle, Feb. 25.— "Gone With the Wind" at the Paramount took $13,500 at slightly advanced prices. "This 'ffhing Called Love" drew $6,600 at .. Jne Liberty. The weather was clear and warm. Estimated takings for the week end- ing Feb. 21 : "Mr. and Mrs. Smith" (RKO) "Little Men" (RKO) BLUE MOUSE — (950) (30c-40c-50c) 7 days. 2nd week. Gross: $3,100. (Average, $4,000) "Come Live With Me" (M-G-M) "Land of Liberty" (M-G-M) FIFTH AVENUE— (2,500) (30c-40c-50c- 65c) 7 days. Gross: $6,800. (Average, $7,000) "This Thing Called Love" (Col.) LIBERTY— (1,800) (30c-40c-50c-65c) 7 days. 2nd week. Gross: $6,600. (Average, $5,000) "The Philadelphia Story" (M-G-M) "Michael Shane, Private Detective" (20th- Fox) MUSIC BOX— (950) (30c-4Oc-50c-65c) 7 days. 5th week. Gross: $3,700. (Average, $4,000) "Buck Privates" (Univ.) "The Case of the Black Parrot" (W. B.) ORPHEUM— (2,450) (30c-40c-50c) 7 days. Gross: $6,600. (Average, $6,000) "The Great Mr. Nobody" (Rep.) "Who Killed Aunt Maggie" (Univ.) PALOMAR— (1500) (20c-30c-40c-50c) 7 days. Vaudeville. Gross: $4,400. (Average, $5,000) "Gone With the Wind" (M-G-M) PARAMOUNT— (3,500) (40c-58c) 7 days. Gross: $13,500. (Average, $6,000) 'Annie? Stage Show $15,000, Cincinnati Cincinnati, Feb. 25. — "Tugboat Annie Sails Again" pulled $15,000 at the RKO Shubert with the aid of "Folies Bergere" on the stage. "West- ern Union" delivered $12,300 at the RKO Albee. The weather was the coldest of the Winter. Estimated takings for the week end- ing Feb. 18-22: "Western Union" (20th-Fox) RKO ALBEE— (3,300) (33c-40c-50c) 7 days. Gross: $12,300. (Average, $12,000) "Come Live With Me" (M-G-M) RKO PALACE— (2,700) (33c-40c-50c) 7 days. Gross: $10,000. (Average, $10,000) "Tugboat Annie Sails Again" (W. B.) RKO SHUBERT— (2,150) (33c-44c-60c) 7 days. Stage: "Folies Bergere." Gross: $15,- 000. (Average, $10,000) "Back Street" (Univ.) N RKO CAPITOL— (2,000) (33c-40c-50c) 7 days, 2nd week. Gross: $5,000. (Average, $5,500) "Land of Liberty" (M-G-M) RKO GRAND— (1,450) (33c -40c -50c) 7 days. Gross: $4,400. (Average, $5,000) "Mr. and Mrs. Smith" (RKO) RKO LYRIC— (1,400) (28c-33c-42c) 7 days, 3rd week. Gross: $3,200. (Average, $4,500) "The Devil's Pipeline" (Univ.) "The Lone Rider Rides On" (P. R. C.) RKO FAMILY— (1,000) (15c-28c) 4 days. Gross: $1,300. (Average, $1,200) "Little Men" (RKO) "San Francisco Docks" (Univ.) RKO FAMILY— (1,000) (15c-28c) 3 days. Gross: $900. (Average, $800) "High Sierra" (W. B.) KEITH'S— (1,500) (33c-40c-50c) 7 days, 2nd week. Gross: $3,200. (Average, $5,000) Two Quit Republic Atlanta, Feb. 25. — George Jones, booker for Republic here, has resigned to set up an independent booking office. Al Rouk, local Republic salesman, has resigned to go in business with his brother, Charles Rouk, operating a new theatre in Montgomery, Ala. Critics9 Quotes . . . "MEET JOHN DOE" (Capra-Warners) It is a story of democracy resolved into essential ethics — simple honesty, good neighborliness, brotherly love and something very much like religion. It is hokum, sure — but good. — Look. "BUCK PRIVATES" (Universal) An hour and a half of uproarious monkeyshines. — Nezv York Times. An honest little slapstick effort that will alarm nobody and entertain quite a few. — Cecelia Ager, PM (New York). Yesterday's first audience found it alternately hilarious and inspiring. — Norman B. Bell, Washington Post. An unpretentious comedy with music, and the principal charm is in its "non-colossalness," its lead comics, and the natural way in which the fun and music are alternately featured. — Bernie Harrison, Washington Times-Herald. A peach of a comedy . . . really a series of vaudeville gags thrown together against a background of the new draft army . . . the gags are not new but they are funny. — Los Angeles Examiner. A picture that will be, within its particular province, a box-office smash hit. — James Francis Crow, Los Angeles Citizen News. A hilarity hit . . . slapstick comedy of the 1941 streamlined variety. — Rita Swann, Baltimore News Post. A more enjoyable item than the story and the members in the cast prom- ised.— Gilbert Kanour, Baltimore Evening Sun. "WESTERN UNION" (20th Century-Fox) The dash of history in this case is too negligible to get in the way of a straightforward exciting yarn acted by an excellent cast. — Newsweek. Probably the best of the de luxe outdoor pictures of pioneering days prof- fered by 20th Century-Fox. — Edwin Schallert, Los Angeles Times. A smash thriller. — Louella 0. Parsons, Los Angeles Examiner. A punch-packed and thrill-studded tale of the sturdy pioneers ... A "must see" for action, romance, drama and thrills. — Jimmy Starr, Los Angeles Her- ald and Express. "BACK STREET" (Universal) Margaret Sullavan gives a compelling performance, and once again the studio, dramatizing clandestine love, turns a flood of tears into very probable profits. — Newsweek. A sleek and sentimental offering, not an inspired script, but interesting from start to finish and excellently acted. — Norman Clark, Baltimore News Post. Bound to have a large interest particularly for those who desire to be emo- tionally moved. — Edwin Schallert, Los Angeles Times. A fairly absorbing history of the emotional lives of two people. ... Its love story is poignant and contains a world of warm pathos, but it is seldom saccharine. — Lee Mortimer, New York Daily Mirror. A smooth manufacturing job. With its aggressive tear-jerking treatment, it is bound to appeal to feminine audiences. — Howard Barnes, New York Her- ald Tribune. "GO WEST" (M-G-M) An extravagant and hugely entertaining spoof of the screen's oldest and most serviceable narrative form, the western. . . . Most of it is fast-paced visual fun, embellished with plenty of gag lines and some pleasant musical in- terludes.— Garrett D. Byrnes, Providence Journal. Plenty of new gags and situations. — Prunella Hall, Boston Post. It is one of their most successful compilations of daffy fun and those who delight in watching a slapstick wielded by experts will find this a most de- lightful photoplay. — Donald Kirkley, Baltimore Sun. The Marx Brothers are not nearly as comical in their new show as on pre- vious occasions. . . . Silly? Yes, but just try to keep from laughing — we couldn't. — New York Times. This is a good family film. The youngsters will howl over it and grown- ups won't fall asleep. — Edith Werner, New York Daily Mirror. A two-reel slapstick comedy prolonged to feature length. — Donald Kirkley, Baltimore Sun. "THIS THING CALLED LOVE" (Columbia) It is to be doubted if the firm has ever turned out anything quite as consist- ently hilarious. . . . The plot and its ramifications are a bit risque for the cinema, but despite its implications, it never gets without the bounds of good taste. — Gilbert Kanour, Baltimore Evening Sun. Smart frivolity . . . fast, humorous and clean It's the speediest and most flippant film of the_ new year, expertly coy and femininely ruthless. — C. J. Bulliet, Chicago Daily News. After a lively beginning, "This Thing Called Love" bogs down in the middle and limps feebly to a disappointing end. — William Boehnel, New York World-Telegram. The good old Hollywood formula for sophisticated comedy — the one which turns upon the amoral eccentricities of husbands and wives — is being used again to good advantage by Columbia. — Bosley Crowther, New York Times. Geared for laughs and getting them. . . . It's smartly turned out and the pace is brisk. — Rose Pelswick, New York Journal and American. One of the most hilarious films of the year. ... It cannot be called a dirty or degrading film. — Archer Winsten, New York Post. One of the more comical ones, gracefully handled and lightly spun. — Cecelia Ager, PM (New York). 'Virginia' and Show Chicago Draw$42,000 Chicago, Feb. 25. — "Virginia" plus Phil Spitalny and his all-girl orches- tra drew a good $42,000 at the Chi- cago. The last week of Jones, Linick 6 Schaefer management of the Oriental ended with $16,000 for Louis Armstrong and band on the stage with "San Francisco Docks" on the screen. Estimated takings for the week end- ing Feb. 21 : "Fantasia" (Disney) APOLLO— (1,400) (75c-$1.10-$1.65) 2 days. Gross: $6,000. (Average: $6,500) "Virginia" (Para.) CHICAGO — (4,000) (35c-55c-75c) 7 days. Stage: Phil Spitalny's all-girl band. Gross: $42,000. (Average: $32,000) "Land of Liberty" (M-G-M) GARRICK— (1,000) (35c-55c-75c) 7 days. Gross: $4,000. (Average, $5,000) "San Francisco Docks" (RKO) ORIENTAL— (3,200) (25c-40c) 7 days. Stage: Lou Armstrong & Band. Gross: $16,000. (Average: $13,000) "Back Street" (Univ.) 4 days "Six Lessons from Madame LaZonga" (Univ.) 4 days "Buck Private" (Univ.) 3 days "Play Girl" (RKO) 3 days PALACE— (2,500) (35c-55c-75c) 7 days. Gross: $12,000. (Average: $13,000) "High Sierra" (W. B.) ROOSEVELT— (1,500) (35c-55c-75c) 7 days. Gross: $12,500. (Average, $11,000) "Texas Rangers Ride Again" (Para.) STATE-LAKE — (3,700) (25c-40c) 7 days. Stage: Simone Simone & Hollywood Unit. Gross: $16,000. (Average, $15,000) "Philadelphia Story" (M-G-M) UNITED ARTISTS— (1,700) (35c-55c-75c) 7 days. 4th week. Gross: $8,500. (Aver- age: $14,000) 'Story9 at $9,000 Best in Montreal Montreal, Feb. 25. — "Philadelphia Story" led with $9,000 at Loew's. "This Thing Called Love" drew $8,500 in its second week at the Palace. Estimated takings for the week end- ing Feb. 20: "The Bank Dick" (Univ.) "Give Us Wings" (Univ.) ORPHEUM— (1,000) (30c-43c) 7 Gross: $4,000. (Average, $4,000) "The Philadelphia Story" (M-G-M) LOEW'S— (2,900) (30c-40c-60c) 7 Gross: $9,000. (Average, $7,000) "East of the River" (W. B.) "Always a Bride" (W. B.) PRINCESS— (2,200) (25c-40c-50c) 7 days. Gross: $2,300. (Average, $2,500) "This Thing Called Love" (Col.) PALACE (2,200) (25c-45c-65c) 7 days. Gross: $8,500. (Average, $7,000) "Chad Hanna" (20th-Fox) "The Great Profile" (20th-Fox) CAPITOL— (2,800) (25c-45c-55c) 7 days. Gross: $4,500. (Average, $4,000) days. days. 'Santa Fe9 Omaha9s Winner at $5,400 Omaha, Feb. 25. — "Santa Fe Trail" grossed $5,400 at the Brandeis. Cold weather hurt business generally. Estimated takings for the week end- ing Feb. 19-20: "Santa Fe Trail" (W. B.) "Let's Make Music" (RKO) BRANDEIS— (1,200) (30c-40c-44c) 7 days. Gross: $5,400. (Average, $4,000) "Come Live With Me" (M-G-M) "Dispatch From Reuters" (W. B.) OMAHA— (2,000) (30c-44c) 7 days. Gross: $6,800. (Average, $6,000) "Victory" (Para.) "The Bank Dick" (Univ.) ORPHEUM— (3,000) (30c-44c) 7 days. Gross: $6,300. (Average, $7,200) 6 Motion picture daily Wednesday, February 26, 1941 Feature Review "Meet Boston Blackie" ( Columbia) HERE is unsubtle, action-plus entertainment for the regular run of film fans who like their screen fare with a dash of ginger and excitement, and without too much to think about. There is plenty of suspense and a thrill or two in the eventually suc- cessful attempt of Boston Blackie, notable safe-cracker, to clear himself of a murder charge. En route, he comes upon and brings to book a gang of international spies who are bent upon stealing an unspecified Navy "bomb sight," and use as their base of operations the freak concession at a film counterpart of Coney Island. Chester Morris is highly satisfactory in the role of Boston Blackie, combining a smooth handling of his task with just enough of the brava- do the part requires. In support are Rochelle Hudson, as the girl who helps him out by accident, but with whom he refrains from falling in love; Richard Lane, as the police inspector who is Blackie's nemesis; Charles Wagenheim, as Blackie's chief assistant, and Constance Worth, as the blonde spy whose presence draws Morris into the complicated affair. Based on the fictional character created by Jack Boyle, the film was directed by Robert Florey. Running time, 61 minutes. "G." * Charles S. Aaronson Appeal Board To Open Here On March 12 {Continued from page 1) tribunal, and Henry Burd, Uni- versity of Washington professor, and Robert Peel, secretary-manager of Intermountain Association of Credit Men, on the Seattle tribunal. A panel of 15 arbitrators was pro- vided by the Washington arbitration board yesterday from which parties to the first complaint filed in the in- dustry will select one arbitrator with- in the next week to hear and decide the case. The complaint, which is on clearance, was filed by Thomas Gold- berg, Baltimore, against Warners and 20th Century-Fox on February 7, will be set for hearing after the arbitrator has been agreed upon. Clearance at Issue In Milwaukee Case Milwaukee, Feb. 25. — The first demand for arbitration to be filed with the local board here was made today by Evansville Theatre, Inc., operator of the Rex at Evansville, Wis., against Paramount. The complaint charges the distribu- tor with granting unreasonable clear- ance to the Jeffris at Janesville, Wis., and with refusal to deliver prints to the Rex until after they have been played by the Jeffris. The complainant contends that the Jeffris is entitled to no clearance over the Rex on the basis of admissions charged and seeks an arbitration find- ing to that effect. LOS ANGELES Thru Mainliner Sleepers No Change of Planes The Continental. Lv. 5: 10 pra with morning arrival in Los Angeles. The Overland Flyer. Lv. 11:10 pm with, daylight for the scenic west- ern portion of the trip. Reservations: travel agents, hotels or UNITED Air Lines Airlines Terminal: 80 E. 42nd St. 67 Wall St. 649 Fifth Avenue Pennsylvania Hotel Ph MU-2-7300 * "G" denotes general classification. Variety Clubs to Set National Convention Pittsburgh, Feb. 25. — Representa- tives from all 24 Variety clubs will meet March 2 at the Hotel Traymore in Atlantic City to set arrangements for the national convention, National Chief Barker John H. Harris has an- nounced. The meeting will name con- vention committees, choose the con- vention hotel, and draft an agenda. Ten men will attend from the Phila- delphia tent, which will be co-host with a showmen's committee from At- lantic City. The annual banquet of the local Variety Club will be held Sunday, Nov. 2, Chief Barker C. C. Kellen- berg revealed before leaving for a Florida vacation. {Continued from page 1) option warrants, valued at $102,441, as well as the 7,000 shares of K-A.-O, valued at $728,875. The holdings of RKO preferred reflect a six months increase of 5,600 shares and an increased valuation of approx- imately $500,000 over the holdings of June 30, 1940. The holdings of RKO common include 120,000 shares to be received by Atlas under allowance made by the court for reorganization services, and represent an increase of approximately 168,000 shares and an increase in valuation of approximate- ly $1,250,000 over the holdings of June 30, 1940. The number of RKO option war- rants held by Atlas at the end of the year was unchanged during the six months' period but reflected a $22,000 decrease in valuation. The Paramount preferred disposed of during the six months period con- sisted of 3,400 shares of first preferred valued at $231,200, and 5,000 shares of second preferred valued at $36,875. Zanuck Will Deliver Army Training Films Hollywood, Feb. 25. — The first two films on army training produced here for the War Department by the Research Council of the Academy of Motion Picture Arts and Sciences will be delivered to army officials in Washington personally by Darryl Zanuck, who is chairman of the coun- cil ; Nathan Levinson, vice-chairman of the council ; Capt. Gordon S. Mit- chell and Major General J. O. Mau- borgne. The group will leave immediately following a dinner Friday night in honor of Mauborgne, which will be given by Zanuck at the 20th Century- Fox studio. Atlas's Paramount holdings at the end of 1940 consisted of 20,000 shares of common valued at $205,000, or $63,000 less than the combined value of the pre- ferred held formerly. The 10,000 shares of Walt Disney preferred was valued at $97,500 as of Dec. 31, last. The 7,000 shares of General Theatres Equipment common increased approximately $20,000 in value during the six months. The report reveals that the Atlas option on Keith-Albee-Orpheum pre- ferred stock is for 23,800 shares cer- tain, or for 27,000 shares conditional, at $112.50 per share, and expires on April 30. Atlas reported net income for 1940, including $1,739,243 net realized profit on securities, of $2,521,022. The indi- cated asset value of Atlas common on Dec. 31 was approximately $12.26 per share, compared with $12.80 per share at the end of the preceding year. During 1940 the company paid $1,305,- 015 in dividends on its preferred stock and $1,424,607 on its common. S chine -U. S. Decree Talks Broken Off (Continued from page 1) Kay, attorney for Schines, represent- ing the circuit. McKay could not be reached yesterday for comment on thru Government spokesman's statement the negotiations breakdown. Indications that the decree discus- sions had reached an impasse were first published in Motion Picture Daily on Feb. 17, when Federal Judge John Knight, who has jurisdic- tion over the case, expressed the belief that "there is a good chance that the Government's anti - trust suit against Schine Theatres will go to trial." Motion Picture Daily also re- vealed exclusively that the Schine Cir- cuit had moved for the striking out of the Government's interrogatories last week, indicating that the suit would be contested. The five consenting companies in the Government's New York anti-trust suit have not been dismissed as de- fendants yet in the Schine suit, al- though they have been in both the Nashville and Oklahoma City actions. The Government spokesman, however, said that the dismissals of the five at Buffalo was in prospect for the near future. Dramatists Guild Approves Contract (Continued from page 1) plays can be produced here, Guild of- ficials said yesterday that this ob- jection would not alter their plans to put the new contract into effect. Guild officials pointed out that in- dividual managers, and not the League, are parties to the agreement. Any manager who refuses to sign, would not be permitted to produce shows by Guild members, it was said. The only other important change from the five-year pact was the ex- tension from three to five years of the period in which managers share in proceeds from subsidiary rights. Cinema Lodge Hears Address on Germany Cinema Lodge, B'nai B'rith, at a meeting at the Hotel Astor last night heard a talk by Dr. Gerhardt Seger, former member of the German Reichs- tag, on "Germany, a Nation Para- lyzed." Other speakers were Stuart Arons and Jerome I. Hyman. Enter- tainment was provided by the Para- mount Choral Singers. Arthur Israel, Jr., president of the lodge, was chair- man. Sunday Film Bill Is On File in Georgia Atlanta, Feb 25. — A bill to legal- ize Sunday films in Georgia is due for consideration this week in the Georgia Senate. Under provisions of the proposed bill, Sunday film would be permitted in any city where 25 per cent of the registered voters request them. It also provides that exhibitors obtain Sunday permits. Atlas Owns 39% of RKO Common;, 28% Preferred Wednesday, February 26, 1941 Motion Picture daily 7 Short Subject Reviews Good Authority Pittsburgh, Feb. 25. QUOTING the Bible as reason for not distribut- ing passes, local exhibitor answers requests with one of the following: "Though they roar, they shall not pass" (Nahum 1:15). "This genera- tion shall not pass" (Mark 12:30). "The wicked shall no more pass" (Jeremiah 5:22). "Suffer not a man to pass" (Judges 3 :28 ). "Thou shalt not pass" (Numbers 30:18). "None shall ever pass" (Isaiah 35- 15). "So he paid his fare and went" (Jonah 1:3). Skouras to Attend Meeting on Coast Spyros Skouras, head of National Theatres, and other executives of the circuit will leave for Los Angeles late this week to attend the circuit's an- nual meeting of division managers, which will start March 6. Product deals for the 1941 -'42 sea- son and other matters will be discus- \& by 30 executives expected to at- T?nd. Winners in the Spyros Skouras drive will be disclosed. The meeting will last about a week. The home office group, besides Skouras, will include Dan Michalove, Edward Zabel, Aubrey Schenck, Wil- liam Powers, Harry Cox and Pete Lundgren. Among those attending will be Charles Skouras and Larry Kent, Los Angeles ; Elmer C. Rhoden and Lon Cox, Kansas City; Rick Ricketson, Denver; Arch Bowles, San Francis- co; Frank Newman, Seattle; Al Finke, Portland; H. J. Fitzgerald and Ed Alperson, Milwaukee, and Dave Idzal, Detroit. 'Boom Town9 Wins In Gallup Survey "Boom Town" was voted the best liked film of 1940 in a public survey conducted in all states by the Ameri- can Institute of Public Opinion, of which Dr. George Gallup is director. The five following choices, in order of rank, are: "Knute Rockne — All American," "Rebecca," "Northwest Passage," "Strike Up the Band" and "The Fighting 69th." The survey, which is claimed to have covered a representative cross- section of the population, was confined to the films released between Jan. 1 and Nov. 30, last year. It covered two types of patrons, those who at- tend once a week or more and those who attend less than once a week. The latter group selected the follow- ing six films, in the order of their choice : "Rebecca," "Boom Town," "Northwest Passage," "Knute Rockne — All American," "The Fighting 69th," "All This, and Heaven Too." No dis- tinction was made in the questioning as to the reason the patrons liked the films they selected. F. P. Canadian Profit Estimated at $800,000 Toronto, Feb. 25. — A preliminary report for the past fiscal year of Famous Players Canadian Corp., re- veals that operating profit of approxi- mately $800,000, higher than for the previous year. . Increased taxation will more than counterbalance the increase, it is pointed out. The gross profit equals $2.09 per outstanding share of common stock, on which the company paid a total of $1 in dividends during 1940, the same as in 1939. GTE Votes 25 Cents Directors of General Theatres Equipment yesterday declared a divi- dend of 25 cents per share on the cap- ital stock, payable March 17 to stock- holders of record March 10. Yorke Making U. S. Short Emerson Yorke, independent pro- ducer, has been engaged by the U. S. Forest Service to write and produce a one-reel short on hunting in Alaska. "Information, Please, No. 6" (RKO-Pathe) The three experts, John Kieran, Franklin P. Adams and Oscar Levant, aided by the English novelist, Jan Struther, again submit to the question- ing of Clifton Fadiman. Miss Struther contributes some lively quips and the four regulars are as funny as ever. The questions range from nursery rhymes to the identification of war- ships. As good as ever. Running time, 11 mins. "Eyes on Brazil" (RKO-Pathe) RKO-Pathe presents the first of a series of three single-reel subjects on South America photographed and nar- rated by Julien Bryan. This one de- scribes the influence of German cul- ture in Brazil and the steps now being taken by the joint efforts of the United States and Brazilian Governments to combat the Nazi menace. Look mag- azine has published many of Bryan's stills on this subject and this fact may be useful in exploitation. Worthwhile. Running time, 11 mins. "Caballero College" (RKO-Pathe) The latest release in the "Sport- scope" series describes the Cavalry School of Chile. Brilliant riders dis- play their horsemanship while the camera shows how the valuable horses are trained. Highlights of the reel are an exercise which requires a cavalry- man to lance a series of targets while riding at breakneck speed, and a per- formance by a team of four who jump the hurdles in unison. Running time, 9 mins. "Pluto's Playmate" (Disney-RKO) Another engaging personality enters the Disney menage in the form of a friendly little seal. Pluto, playing on the beach with a ball, is mystified, then angered, as the seal starts tossing the ball around on its nose. Later, the seal saves Pluto's life and the lat- ter learns how to toss the ball with his nose. The seal should prove popu- lar. Running time, 8 mins. "Prairie Spooners" (RKO) Another in the series of Ray Whit- ley Western Musicals, this reel is for the most part a group of tunes sung by Whitley and the Six-Bar Cowboys. The party starts on a hayride and when they get to the barbeque Bob McKenzie tells Ray's girl, Virginia Vale, of the time he met her mother on the covered-wagon trail. Running time, 13 mins. "Mat Men" (RKO-Pathe) Wrestling is a major sport at Le- high University under the guidance of Billy Sheridan, coach. Here the sport is reduced to a fine art and Sheridan demonstrates to a squad of college wrestlers how skill can conquer brawn. The reel ends with a hilarious bur- lesque of professional wrestling. In- structive and entertaining. Running time, 9 mins. "Meet the Stars, No. 3" (Republic) With camera in hand, Harriet Par- sons visited a few typical Hollywood functions and the Republic studio and the result is the usual candid views of screen notables. The audience is taken first to a children's fashion show at Mark Twain's Restaurant, to the stu- dio, to a small party at Mother Lou- ella's ranch and to Ciro's, where the annual Redbook awards are presented. Running time, 9 mins. "Timber" (Disney-RKO) Here is Donald Duck at his best. Donald in the role of a tramp steals some food at a lumber camp and the foreman sets him to work chopping trees. Donald gets into the usual mis- chief but the reel ends in a laugh-filled chase down the railroad tracks with Donald and the foreman operating hand cars. Running time, 8 min. 'Kane' Ads Appear First national magazine advertise- ments on "Citizen Kane," Orson Welles film which will be released by RKO, are already appearing. The magazine campaign was prepared by Donahue & Coe. • ' 1 - < <■ • ■ 8 Motion Picture Daily Wednesday, February 26, 1941 WMCA to Give Free Time to Candidates In what is believed to be one of the few times a sta- tion has given free time for political talks, WMCA will contribute a total of an hour and one-half to Democratic, Republican and Socialist can- didates for the Congressional vacancy in the 17th New York district. The candidates will discuss current issues. The talks will be March 1, 5 and 7. Ascap Decree Goes To Goddard Today Ascap's Federal consent decree will be submitted to Federal Judge Henry W. Goddard in U. S. District court here today. Public hearing on the decree already has been tentatively set for Monday. Settlement of the Government's criminal information against the soci- ety is scheduled to take place in Fed- eral court at Milwaukee next Wednes- day with the imposition of fines total- ing $24,000 against Ascap and 19 publisher-members. Poletti Explains Fee in Ascap Case Albany, Feb. 25. — Lieutenant Gov- ernor Charles Poletti today issued a statement explaining his activity as special counsel to Ascap in the consent decree negotiations with the Depart- ment of Justice, in which Ascap is re- ported to have been billed for a $50,- 000 fee. This was in connection with a bill prohibiting elected state officers from doing outside work for pecuniary gain. Poletti said the fee would go to the law firm of Diamond, Rabin, Botein and Mackay, with which he was associated in the matter. May Make Sets for Color Television Farnsworth Radio & Television Corp. yesterday was reported to be considering production of color tele- vision sets for Dr. Peter C. Gold- mark, CBS chief television engineer, who developed a color system. Gold- mark called a meeting of manufactur- ers last week to interest them in pro- ducing color sets but only Farnsworth expressed immediate interest, it was said. Goldmark, it was reported, sought about 20 sets built to his specifications at the start for the pur- pose of making field tests on color transmissions from the CBS trans- mitter. FCC Hearings Set On 3 Applications Washington, Feb. 25.— The Fed- eral Communications Commission has set hearings March 28 on the applica- tions of J. C. Kaynor for a new 1,310- kilocycle, 250-watt broadcasting sta- tion at Ellensburg, Wash., and Sta- tion KGNO, Dodge City, Kan., for increase of night power from 250 to 500 watts. It was also announced that a hear- ing will be held April 10 on the ap- plication of the Granite District Broad- casting Co. for a new 1,500-kilocycle, 250 watt station at Murray, Utah. Off the Antenna WHN yesterday obtained a sponsor for "Kid Wizards," seven 15-minute participations for the "Cinderella" show, and nine U.P. news periods, all on the same contract. Consolidated Royal Chemical Corp. is the sponsor on behalf of New Vitaminized Yeast tablets. Participations on the "Cinder- ella" program will be 11 : 15-11 :30 P.M. every day. The news periods will be 7:15-7:30 A.M., Mondays through Saturdays and 9:45-10 A.M., Mondays, Wednesdays and Fridays. The contract is for 10 weeks. Purely Personal: Ed Baker, WHOM staff organist, has been invited to play the novachord at the annual banquet of the Overseas Press Club to- morrow. . . . Lambdin Kay, form-er director of WSB, Atlanta, has joined the Atlanta Community Fund as publicity director. . . . Al Stephan, assistant to Harry Hartman WCPO, Cincinnati, sportcaster, and Betty Murphy have been married. . . . Billy Gilbert will be guest on the Rudy Vallee show to morrow. Signs of Spring: WNYC which has to sign off when the sun sets in Minneapolis, will have 45 minutes added to its schedule Saturday to a 7:15 P.M. signoff. NBC and Mutual each added an Indianapolis station to their list of affiliates yesterday. On May 1, WISH, now under construction, will become a Basic Blue outlet. The station will operate on 1,280 k.c. with 5,000 watts, day, and 1,000, night. Between now and May 2, four other stations will join NBC. These four, which have been announced previously, are WTRY, Troy, N. Y., March 16; WOC, Davenport, la., March 16; WORD, Spar- tanburg., S. C, March 29, and WWVA, Wheeling W. Va, May 2. These will bring the total of Basic Blue stations to 101, Basic Red 73, and supple- mentals 61, for an overall total of 235. The Mutual addition will be WIBC on about April 15 when its new trans- mitter is completed. It will operate then on 1,070 k.c. with 5,000 watts, day and 1,000, night. H. G. Wall is president of WIBC, which will be the 175th Mutual outlet. Program News: Bon Bernie has changed the format of his show to hv- clude an "Army" quiz. The audience participants are called "draftees" and the questions are called by various grades from "buck private" to "colonel.'' . . . The American Economic Foundation will sponsor "Wake Up, America!' over WHN Mondays from 9:15-10 P.M. for 13 weeks beginning Monday . . KMOX, St. Louis, has prepared an elaborate series to originate from Army camps. Set Canada Survey in Music Fee Fight Toronto, Feb. 25. — To help settle the dispute between the Canadian Per- forming Rights Society and Broadcast Music of Canada, Inc., over the ques- tion of royalties for musical composi- tions, a listener survey of music played over the air will be conducted on the suggestion of the Copyright Appeal Board. No intimation has been made as to the method to be used or whether it will be a check of CBC network sta- tions or programs of independent broadcasters, or both. The suggested move developed out of the claim of Col. O. M. Biggar of Toronto, repre- senting the society, who claimed that more music was being broadcast than ever before and that music was the popular feature of programs generally. He contended that more music was being broadcast because the total time of all stations had been increased and the society, therefore, was entitled to an increase in the fee collected from stations from eight to 14 cents per radio set per year. Up to the present time, the society has had a monopoly on broadcast music, but BMI of Can- ada has applied for a share of the fee. Brooke Claxton, representing CBC, has declared that only 45 per cent of all program time of CBS stations is now devoted to music, as compared with 63 per cent in 1935, the decrease having occurred largely since the out- break of war because of the demand for time for official talks, statements and newscasts in connection with th** war effort. CBC Sponsors Unity Broadcast Programs Ottawa, Feb. 25. — Canadian Broad- casting Corp. in cooperation with the Canadian director of public informa- tion tomorrow will start a series of 13 programs to be called "Canadians All." The broadcasts will feature the cultural contributions of the larger foreign language groups in this country and is designed to build na- tional solidarity. They will be heard Wednesdays at 10:30 P.M. EST. Film, Radio Work in Canada at $202,672 Toronto, Feb. 25. — During 1940 the Canadian Government spent $202,672 through the Director of Information in the coordination of services such as radio and motion pictures, providing factual and reference material, consul- tations with officials of the Canadian Association of Broadcasters represent- ing independent stations and arranging for production of official films through the National Film Board. Says AGMA to AFM: 'Ready For a Fight' With only three days remaining before the American Federation of Musicians regulation that all instru- mentalists must join the A.F.M., the American Guild of Musical Artists refused yesterday to reveal its plans except that it "was ready for £^.. fight." fh, Despite this, the A.F.M. yesterday' declared that among 35 new members which have joined the union in the last two weeks, several were soloists and accompanists from AGMA. Some noted musicians have joined, it was said. In AGMA circles it was pointed out that as far as radio was concerned the contracts between the A.F.M. and the networks specifically exempted concert soloists and that any attempt to prevent such performers from ap- pearing with orchestras over the air might be a violation of the contracts. Henry A. Friedman, A.F.M. attor- ney, discounted this theory, however. He said that the contracts were signed by local unions within the A.F.M. and not by the international union itself. Under these circumstances, he said, the A.F.M. would have the right to order its members to refuse to play with instrumentalists who re- fused to join the musicians' union. Meanwhile, network officials were concerned about the possible effects of a jurisdictional dispute. The first en- forcement of the rule may come Sun- day against Albert Spalding, who ap- pears regularly with Andre Kostela- netz's orchestra on the Coca Cola show over CBS. Spalding is an ac- tive AGMA member. If the musicians refuse to play with Spalding, there is a possibility that Lawrence Tibbett, AGMA president, may refuse to sing with the Ford "Sunday Evening Hour" orchestra with whom he is scheduled to appear over the same network on the same evening. How- ever, AGMA officials refuse to affirm or deny this possibility. Daylight Saving Is Extended in Canada Toronto, Feb. 25. — Whether ex- hibitors like it or not, they are going to get more Daylight Saving Time in Canada this year and for the remain- der of the war, according to C. D. Howe, Minister of Munitions. The Government ordered municipalities in Ontario and Quebec which had been observing Summer Time to continue it throughout the Winter and now it has been decided that daylight saving will be put into effect in all cities and towns of Eastern Canada for the con- servation of electric power for war purposes. Consideration is being given to the extension of Daylight Saving in W estern Canada. Shower of Medals Irving E. Showerman, Eastern sales manager for NBC-Red, yesterday re- ceived notification from the War De- partment that he had been awarded the Order of the Purple Heart with two oak leaf clusters and the Silver Star Medal for bravery during the first World War. Showerman was wounded four times during the war. Wednesday, February 26, 1941 Motion Picture Daily 9 2 Games Measures Filed in Albany Albany, Feb. 25. — Assemblyman Max Turshen today introduced into the New York State legislature two chance games bills. One is a consti- tutional amendment, requiring two successive favorable votes by the leg- islature, followed by a popular ref- erendum, to legalize the games. fkThe other, setting up games regu- .. Jtion under the Department of State, provides a $100 annual license fee ; restricts the games to charitable, re- ligious and similar organizations in- corporated five years or more ; pro- hibits games on Sunday ; limits the hours they may be played, and re- quires 10 per cent of the gross be paid to the state. Assemblyman William Manning of Rochester submitted a bill permitting employmont of children in perform- ances by non-profit associations. Writ- ten parental consent and notification to the Society for the Prevention of Cruelty to Children would be re- quired.. Assemblyman William T. Andrews today introduced a series of bills de- signed to penalize places of amuse- ment as well as individuals who dis- criminate because of color, race, re- ligion or other reason. Publicists Hearing On WB,M-G-M Today Screen Publicists Guild will start its case against Warners and M-G-M for designation as collective bargain- ing agency today before Daniel Baker, trial examiner for the National Labor Relations Board. Testimony on the case against the six other major com- panies was concluded Monday, after 15 days of hearings. The S.P.G. claims 90 per cent of the home office publicity department employes eligible to vote in N.L.R.B. elections. The companies' principal chief contention before the board was that artists, particularly those who free lance, should not be included. With the exception of foreign public- ity staffs, an agreement was reached on_ all other employes in the adver- tising and publicity departments. After testimony is completed, trans- scripts of the record are sent to Washington for a decision by the Board. Bingo Is Gambling Jersey Jury Holds The Grand Jury of Union County, N. J., yesterday held that Bingo, regardless of the puroose for which it is played, is gambling. As a re- sult, Assistant Prosecutor Thomas F. Hueston directed the chiefs of police of the county's 20 municipalities to clamp the lid on the game, which has been put on by numerous organiza- tions and proved stiff competition to theatres. Boston Groun Takes House in Rochester Rochester, Feb. 25.— Philip Smith Theatrical Enterprises of Boston has taken a 25-year lease on the new 1.200-seat theatre planned in suburban Brighton. This is the first neighbor- hood house built here in several years. Theatre Plans Ontario House Toronto, Feb. 25. — Jack Allen, in- dependent proprietor of the Tivoli Theatre at nearby Thorold, has started construction of a theatre which will be the first for Niagara- on-the-Lake, Ontario. It is planned to open the theatre in time for the Sum- mer holiday trade, the town being a tourist center. Manages Warner House Racine, Wis., Feb, 25. — Stanley Lambert, manager of Warners' Rialto here, has been named manager of the circuit's Venetian, succeeding Jack Keegan, who has become buyer for United Detroit Theatres, Detroit. Plans Kentucky Theatre Cincinnati, Feb. 25. — Mrs. Ruth Bressler has purchased a site at near- by Bellevue, Ky., on which she will erect an 800-seat theatre. Rochester Suburban Planned Rochester, Feb. 25. — With plans approved by the Brighton Town Board, construction of a new 1,000- seat theatre in the suburban commu- nity will start shortly. Renovate Warner Theatre Philadelphia, Feb. 25.— Warners' Princess, in the downtown area, is be- ing equipped with a new front and lobby, modernized rest rooms and gen- eral renovations to be completed next month. Discuss Sales Quota At Republic Regional _ Los Angeles, Feb. 25— Discus- sions today at the second and final day's session of Republic's western regional sales meeting here was con- cerned with sales quotas for the 1941- '42 season. Increases in quotas, the sales force was told, will be based on increased production budgets for the new sea- son. James R. Grainger, president, and Herbert J. Yates spoke. They will go from here to Kansas City, where the second regional meeting is scheduled to open Thursday for two days. Five Arraigned in Theft from Eastman Thefts involving about $30,000 worth of film from the Eastman Kodak Co. here led to the arraignment of five men in Felony Court on charges of grand larceny yesterday. Informa- tion that the film was being sold at less than the regular price led to the arrests. One of the men is Joseph Forsack, employed by the firm. In addition, Leo Astroff, a salesman, ac- cused of buying $1,000 worth of the film, was charged with criminally re- ceiving stolen goods. Tax Claim Settled The Government yesterday agreed to settle an income tax claim against the estate of the late Marilyn Miller for $20,000, after demanding $57,164 on 1930 and 1931 income. Miss Miller died in 1936, leaving an estate esti- mated at $91,539. Changes Columbus House Opened Columbus, O., Feb. 25.— The 900- seat suburban Beechwold, has opened here. Admission is 25 cents, children 10 cents. Milton Yassenoff is man- ager of the house, which recently was acquired by Louis Wiethe, Cincinnati, from the estate of the late C. A. Mac- Donald. Acquires Wheeling House Wheeling, W. Va., Feb. 25.— The Virginia Theatre here, a local land- mark, has been purchased for $80,000 by Wheeling Theatres, Inc., from the Conservative Life Insurance Co. The circuit controls five other houses here. Manager Transferred Minneapolis, Feb. 25. — A. J. Sona- sky has been transferred from the Minnesota Amusement Co. staff at Virginia, Minn., to become manager of the Loring Theatre, one of the company's suburban houses in Minne- apolis. Reopens in San Francisco San Francisco, Feb. 25. — Jess Le- vin's Avenue Theatre, recently gutted by fire, has been reopened after com- plete reconditioning. Manages Telenews Theatre Cleveland, Feb. 25. — Holden Swiger, managing director of deluxe theatres, has been appointed manager of the newly opened Telenews Theatre here. Greek Relief Fund Committee Is Named An organizing meeting of the New York metropolitan area committee of the local Amusement Industry Divi- sion for the Greek War Relief Week, March 25 to 30 was held at the Hotel Astor yesterday. Joseph R. Vogel of Loew's is chairman of the division. John J. O'Connor, co-chairman of the area with Harry Brandt and Fred Schwartz, presided. Brandt spoke on work among neighborhood theatres. Schwartz was named local treasurer, and the meeting was also addressed by A. P. Waxman, general publicity di- rector of the National Greek Relief Drive. Ray Whittaker of the Shubert or- ganization promised legitimate theatre cooperation. Spyros Skouras dis- cussed the aims of the drive. The borough committee named at the meeting includes : Manhattan, Leo Brecher and Max Cohen ; Bronx, J. J. Thompson and Laurence Bolog- nino ; Westchester, Irwin Wheeler ; Queens, Fred Schwartz and Sam Rhonheimer ; Brooklyn, Harold Rinz- ler and Sam Strausberg ; Staten Island, Si Fabian and Charlie Moses ; Lono- Island, Joe Seider. In addition to these borough chairmen, the divi- sion and district managers of all cir- cuits will act as co-chairmen in each section. Club Sponsors Ball Baltimore, Feb. 25. — The annual Preakness Ball in Baltimore, which takes place on the evening of the cele- brated Preakness Race, is to be spon- sored this year by the Variety Club and the proceeds given to charity. open letter to the Motion Picture Industry History repeats itself — with Greece and Fascism enacting the roles of David and Goliath. The heroic valor of the Greeks in their defense of democracy, has aroused the admira- tion of every liberty loving American. This little country — and it's a very small coun- try— has stood up and fought Fascism to a standstill. It has put new heart into all little countries. Today, we of the Amusement Industry, are asked to do our small part. The suffering, the struggles of millions of valiant men, women and children, will be lightened by knowing that here in the United States are fellow humans who want them to win and furthermore — are willing to do something about it! John H. Harris and Gradwell L. Sears have very kindly volunteered to aid me in organizing all exhibitors and dis- tributors for this great cause. We have set aside the period of March 25-30 as the days to raise the funds through the active participation of all theatres everywhere. As Chairman of the Amusement Industry Division of the Greek War Relief Associa- tion, I appeal to you to do your share in making our drive a complete success. The Greeks love liberty so much they're willing to die for it. The least we of this thrice blessed country can do is to help the women and children of these gallant defenders of democracy. We have nothing to lose if they gain. We have nothing to gain if they lose. Sincerely, ADOLPH ZUKOR, Chairman Alert, InteUigei Tr V to the^l gtion Picture Industry MOTION PICTURE DAILY 49. NO. 40 NEW YORK, U.S.A., THURSDAY, FEBRUARY 27, 1941 TEN CENTS Ascap Decree Sets Stage for Air Agreement Per Program Formula Is Awaited by NAB The Ascap consent decree "paves the way for immediate settlement of the difficulties between the music society and the broadcasters which have resulted in the banning of Ascap music from the air since Jan. 1," Assistant U. S. Attorney Gen- eral Thurman W. Arnold asserted in a statement issued following the submission of the decree yesterday to Federal Judge Henry W. God- dard. At the same time, the De- partment of Justice filed a new civil anti-trust suit against Ascap in Federal court here and moved for dismissal of the 1934 Federal action pending against the society. If approved by Judge Goddard following the public hearing tentatively set for next Monday, the de- cree will dispose of the new suit. "All objectionable practices (of Ascap) have been resolved by the (Continued on page 6) Legion Reclassifies 'Thing Called Love' The National Legion of Decency has reclassified "This Thing Called Love," Columbia picture, from Class C (Con- demned) to Class B (Objectionable in Part), following revision by the com- pany. The Legion yesterday issued the following statement to its members : "The many and important cuts which were made in the original ver- sion of the film have been deemed suf- ficient to warrant a change in classi- fication from 'C or Condemned to 'B' or Partly Objectionable. The cut (Continued on page 6) Para. Is Considering 'Wings' as Roadshow "I Wanted Wings" is under consid- eration for roadshow exhibition by Paramount, it was learned yesterday. If this handling is decided upon, the film, according to officials, will have its first run performance at the Astor on Broadway, following the run of (Continued on page 6) Bolognino Group Reported Taken Over by Joelson Consolidated Amusement Enter- prises, operating 21 theatres in Man- hattan and the Bronx, on Saturday will pass to the ownership of Julius Joelson, former Massachusetts theatre operator, under a deal closed by Lau- rence S. Bolognino, head of Consoli- dated, it is reported. Consolidated houses pooled with other circuits, such as KAO, will not be affected. Joelson about 13 years ago had a small circuit here and later acquired several houses in the Boston area. A. L. Suchman, buying head of Con- solidated, at one time was associated with Joelson in theatre operations. Consolidated has 14 houses in the Bronx and seven in Manhattan, along Eighth Ave. and the Bryant on 42nd St. Shea Acquires 4 Theatres in Ohio E. C. Grainger, head of the Shea Circuit, disclosed yesterday that the circuit has purchased the stock of the late Edward Finch and Edward Stew- ard in the C. & M. Amusement Co., which operated the Colonial and Strand in Cambridge, O., and the Hippodrome and Putnam in Mari- etta, O. Shea already operates two theatres in each of the towns. Recently Grainger acquired the Colonial in Wheeling, W. Va. With the most re- cent acquisitions, the Shea Circuit holdings now number more than 60 theatres. ORDERS DISMISSAL OF LACROSSE SUIT Expect Wide Changes for British Trade London, Feb. 26. — The possibility of wholesale legislative changes in England with regard to the film in- dustry is seen in some quarters in tht meeting of the Films Council tomor- row. It is known that the council will enter into further discussion, begui last week, of the legislative situation, with probable reference to the pro- posal for a Films Commission of wide power, which has been frowned upoi by virtually all sections of the trade The product shortage in this country is expected to occupy a large share oi the attention of the council at tomor- row's meeting. The Cinematograph Exhibitors As- sociation and the Kinematograpl Renters Society (distributors) todaj discussed special treatment for exhibi tors in the bombed areas. The C.E.A asked for a reduction in rentals ir those cases and the K.R.S. agreed to recommend to its members that con- sideration be given individually. The C.E.A. decided today to ask the Home Secretary to receive a depu- tation which will ask a reduction of the Sunday opening charity tax. RCA Held 44, 757 Shares Of RKO Stock on Dec. 31 RCA, according to its annual re- port released yesterday, held at the close of 1940, 44,757-106/1000 shares of six per cent convertible pre- ferred stock of RKO. In addition RCA also held 316,328-2/24 of common and 555,253% option war- rants, all of which were received last year upon termination of RKO's 77b reorganization in exchange for old common and debentures previously held. Although RCA lists the investment in RKO at the purchase price of the securities of $6,614,434, a footnote ex- plains that the value of these securi- ties on the New York exchanges at the end of 1940 was $3,284,302, as compared with $2,970,484 at the end of 1939. A net profit of $9,113,156 for 1940 was reported yesterday by RCA in the annual report to stockholders, an increase of $1,030,345 or 13 per cent over 1939. Total gross income was $128,491,611, an increase of $17,997,- 213 over 1939. Earnings on the common stock were 42.5 per cent per share, as compared with 35 in 1939, after payment of all preferred dividends. Taxes paid or accrued amounted to $7,580,403, up 58 per cent over the previous year. Capi- tal additions and improvements dur- ing 1940 totaled $4,723,390, of which (Continued on page 6) Federal Court in Wis. Clears Defendants of Conspiracy Charge Madison, Wis., Feb. 26. — Fed- eral Judge Patrick T. Stone or- dered dismissal of the LaCrosse Theatres Co. anti-trust suit in mid- trial in U. S. District Court here today and exonerated the three major distributor defendants and two theatre companies of charges of conspiracy. Damages of $3i>0,- 000, tripled, were sought. The dismissal was taken at the request of Harold M. Wilkiej attorney for the de- fendants, when William D. Burford, vice-president of the plaintiff company, failed to ap- pear as a witness. The trial lasted 10 days. Defendants were Paramount, 20th Century-Fox, United Artists, Min- nesota Amusement Co. and Ed Ruben, and Wellworth Theatres of Wiscon- sin, Inc., an affiliate of Minnesota Amusement. The LaCrosse company's action, filed in July, 1938, charged the de- fendants with conspiracy to divert product from plaintiff's first-run the- (Continued on page 6) Boston Clearance Complaint Filed The second demand for arbitration to be filed with the local board at Boston was made yesterday by Gar- bose Bros., owners of the York and Capitol, Athol, Mass., and named all five consenting companies. The complaint sets forth that al- though the plaintiff's two houses are first runs in Athol, pictures are not made available to them until after they have played Boston and Fitchburg first runs. Complainant asks the right to play day and date with the two lat- ter cities. The Dallas local board received its first complaint yesterday but due to errors the details were withheld. Two Coast Reviews Hollywood reviews of "The Lady Eve" and "Flying Wild" are on Page 3. Critics' Quotes of new pictures will be found on Page 11. 2 Motion Picture Daily Thursday, February 27, 194 Coast Flashes Hollywood, Feb. 26 ARTHUR M. LOEW, first vice- president and general foreign manager of Loew's, and Morton Spring, assistant manager of the in- ternational organization, arrived here today for a week of conferences at the M-G-M studio on forthcoming product. • Monogram today announced the ad- dition of a series of eight "Rough Riders" westerns for the 1941-'42 schedule. I. E. Chadwick will pro- duce "Red Head" as his second Mono- gram release this season. • Republic has signed "Slingin Sam- my" Baugh, former Texas Christian football star, now with the Washing- ton Redskins. He will be featured in "King of the Texas Rangers," a se- rial scheduled to be completed in August with a Texas cast. The se- rial will be given a premiere in Dal- las, Ft. Worth, San Antonio and Houston. • Hal Horne, Eastern representative for Walt Disney, and Richard Con- don, Eastern publicity manager, have arrived here for conferences with Dis- ney on his forthcoming film, "The Reluctant Dragon." • Richard Wallace, director, today was signed to a contract by Columbia for two films a year. Honor Jesse Jones At Capital Monday Washington, Feb. 26. — The local Variety Club on Monday will honor Secretary of Commerce Jesse Jones, recently made an honorary member of every Variety chapter in the coun- try. He will be guest of honor at a luncheon in the Willard Hotel, at which he will receive a gold member- ship card. The "kings for a day" will be Carter Barron and Nate Golden. Music Hall Sets Greek Relief Show A midnight show for the benefit of Greek War Relief will be held at the Radio City Music Hall during the week set aside for theatres' partici- pation in the drive. The tentative date for the benefit is Friday, March 28. Joseph R. Vogel of Loew's, chairman of the New York division committee, is handling arrangements. Maurice McKenzie Married in Indiana Announcement was made here yes- terday of the marriage of Maurice McKenzie and Nellie Stone at Crown Point, Ind., last Saturday. McKenzie retired a year ago as executive assis- tant to Will Hays, president of the Motion Picture Producers and Dis- tributors of America. Rita Hayworth in 'Wife* Hollywood, Feb. 26. — Rita Hay- worth will appear in "Our Wife," to be produced ad directed by John Stahl as his first for Columbia. Personal Mention JACK L. WARNER, vice-presi- dent in charge of Warner produc- tion, arrived here from the Coast yesterday. Sam Briskin arrived from the Coast yesterday for conferences with Columbia home office executives. • E. C. Grainger, head of the Shea Circuit, will leave tomorrow with his wife and daughter, Alice Patricia, for a month at Fort Lauderdale, Fla. • Robert Smeltzer, Warners' Cen- tral district manager, returns to his headquarters in Washington today af- ter conferences here with Roy Haines, Eastern and Canadian sales manager. • Arthur Willi, RKO Eastern tal- ent scout, leaves today for Buffalo. He will return here Saturday. • William Brennan, vice-president in charge of operations for National Screen Service, is recuperating at his home after a serious illness. • Harry Buckley, John Wright, Rube Jackter and Max Weisfeldt lunching yesterday at Lindy's (next to the Rivoli). JT ARL J. HUDSON, president of *~J United Detroit Theatres, was in New York yesterday for Paramount home office conferences. • Robert Riskin left last night for the Coast • Robert J. O'Donnell, Charles M. Reagan, Owen Davis, Max A. Cohen, Russell Holman, George Weltner, John W. Hicks and Sid- ney Phillips at Nick's Hunting Room in the Astor for lunch yester- day. • Leonard Goldenson, Mrs. Martin Beck, Louis Letito, Monte Gow- thorpe, Leon Netter, Sam Shain, Kelcey Allen, Charles Sonin, Marcus Heiman, Gene Tierney and John D. Hertz, Jr., at Sardi's yesterday for lunch. • Kay Kamen, J. J. Milstein, Jack Goetz and Martin Moskowitz hav- ing lunch yesterday at Lindy's (51st St.). • Lou Pollock, Milton Silver, Joseph Gould, Robert Savtni, Al Margolies, Max Michel and Ar- thur Lee lunching at the Tavern yesterday. Services Held for Jack SegaVs Wife Funeral services were held yester- day morning from St. Elizabeth's Church, Wyckoff, N. J., for Mrs. Anna Segal, wife of Jack Segal, head of Columbia exchange operations. Mrs. Segal was killed in an automo- bile crash early last Sunday morn- ing. Segal, who was seriously injured in the accident, was reported yesterday as slightly improved at the Paterson, N. J., General Hospital. The accident occurred at Glen Rock, N. J., as the couple was returning from the annual Columbian Club ball. Joseph McConville, foreign sales chief, who called off a trip to Latin American branches when he learned of the accident, attended the funeral yesterday. He has made no new plans to resume the South American trip. Plan Benefit Party Cincinnati, Feb. 26. — The local Variety Club Monday night will hold an indoor stag picnic for members and their guests, to raise additional relief funds. Allan S. Moritz, Colum- bia branch manager, is chairman. Jackter Leads Col. Annual Sales Drive Rube Jackter, Columbia assistant sales manager, was named chairman of the committee in charge of the company's annual sales drive which opens Saturday and continues for three months through May 30. Members of the committee in addi- tion to Jackter are : Louis Astor and Louis Weinberg, in charge of circuit sales; Max Weisfeldt, short subjects sales manager ; Maurice Grad, sales promotion manager ; Henry Kaufman, manager of exchange operations, and George Josephs, manager sales ac- counting department. The drive, called the "Columbia Exhibitors Good Will Campaign," will feature competitive events with special awards for branch managers, salesmen and bookers. Metro Club Elects New Haven, Feb. 26. — The Metro Pep Club has elected Rosemary Pat- terson president. Other officers are Molly Smith, vice-president, Anna Caparossi, treasurer, and Ethel Philips, secretary. Tobacco Road9 and Critics 1942 Mardi Gras Is Set for Feb. 171 New Orleans, Feb. 26. — Nex year's annual New Orleans Mard Gras has been set for Feb. 17. The current year's festival conclud- ed yesterday, after more than a weei- of parades, balls and parties of al sorts. Theatre business suffered, a; usual, during this 114th performance of the Mardi Gras, but picLf~iv ur. measurably on the last day, ye&s.ay The affair played to hundreds oi thousands of residents and visitors The carnival spirit was even more in evidence this year than before, ir the opinion of many observers, and the occasion was reckoned one of the brightest and most colorful of all Mardi Gras. The nightly pageant: or balls are financed secretly by local business men, since it is one of the rules of the carnival organization that no one shall know the identity of its members. The series of parades which were carried on throughout the past week concluded yesterday, Mardi Gras day when virtually everyone in the city' was on Canal Street at some time or other. Grainger and Yates Plan Exchange Tour James R. Grainger, Republic presi- dent, and Herbert J. Yates plan a tour of 33 key cities in this country and Canada, with representatives of Donahue & Coe, advertising agency, to contact exhibitors and exchange men on ideas for exploitation of new product. The trip will be made in April. Grainger and Yates are attending a second regional sales meeting today and tomorrow in Kansas City, follow- ing the first in Los Angeles. Complete production plans will be announced at a New York sales meet- ing March 6 and 7. The company has increased the number of Jubilee Pro- ductions for next season from eight to 10, making the total planned 62, in- cluding 30 Westerns. Included are 14 Anniversary Productions and six Su- preme Productions starring Gene Autry, in addition to other groups' already announced. Elaborate pre- mieres are planned next season on "Sis Hopkins" and "Lady from New Orleans," the latter in New Orleans. AWAY back in December, 1933, just about the time Prohibition was being repealed, Hitler had just come into power, the NRA hadn't been heard of as yet and President Roosevelt was in the first year of his first term, "Tobacco Road" opened to the unanimous disapproval of Broadway's critics. The only disagreement among critics was that some believed the play would not last a week, while others though it might run for as much as two weeks. Times have changed since then but not the critics. "Tobacco Road" is still running. So is 20th Century-Fox's film of the same name based on the play, which today enters its second week at the Roxy, after a nice $56,000 on its first week. MOTION PICTURE DAILY (Registered U. S. Patent Office) Published daily except Saturday, Sunday and [ holidays by Quigley Publishing Company, Inc., 1270 Sixth Avenue, Rockefeller Center, New York City. Telephone Circle 7-3100. Cable address, "Quigpubco, New York." Mar- tin Quigley, Editor-in-Chief and Publisher; Colvin Brown, Vice-President and General Manager; Watterson R. Rothacker, Vice- President; Sam Shain, Editor; Alfred L. Finestone, Managing Editor; James A. Cron, Advertising Manager; Chicago Bureau, 624 South Michigan Avenue, C. B. O'Neill, Manager; Hollywood Bureau, Postal Union Life Building, William R. Weaver, Editor; London Bureau, 4 Golden Square, London Wl, Hope Williams, Manager, cable address "Quigpubco, London." AH contents copy- righted 1941 by Quigley Publishing Com- pany, Inc. Other Quigley publications: Motion Picture Herald, Better Theatres, International Motion Picture Almanac and Fame. Entered as second class matter, Sept. 23, 1938, at the post office at New York, N. Y., under the act of March 3, 1879. Subscription rates per year $6 in the Americas and $12 foreign. Single copies 10c. Thursday, February 27, 1941 Motion Picture daily Aluminum Shortage %Iay Hit Air, Films frorrfwhic hi Film producers and radio broad- artj/casters are facing the prospect of a recording disk shortage within the next month as a result of the Office of Production Management's action early this week is reserving first call on aluminum for national defense opera- tions inum is the basic metal em the making of master plates which play-back disks are made for film producers and transcription disks for radio stations. Hazard Reeves, president of Audio Devices, Inc., New York disk maker, said yesterday that only several weeks [supply of aluminum was on hand among the companies serving the film and radio industries and that no new orders for aluminum can be placed unless the two industries receive either emergency allotments from the O. P. M. or an essential national defense industry rating. All of the disk and recording com- panies, as well as the Radio Manu- facturers Ass'n, have sent representa- tives to Washington to make repre- sentations to the O. P. M. It will be pointed out that both films and radio are important factors in national de- fense work and in public morale ; that no substitute for aluminum has been ■found for disk making and the two industries use only approximately il, 500,000 pounds annually of a total supply of almost 600,000,000 pounds. Navy Gets $250,000 For Film Expansion Washington, Feb. 26. — Preparing to expand its motion picture service, as part of a development program of welfare and recreation for Naval per- sonnel, the Navy Department today was given an additional $250,000 in a supplemental appropriation bill re- ported to the House by its appropria- tions committee. i Only a small part of the fund is to -be expended on films, for which the ( Navy already has $85,000, but the bill carried no breakdown, it being left to INaval authorities to expend the sum as they found necessary. The depart- ment plans to increase the number of i; prints taken from distributors for cir- culation through Naval vessels and i shore stations. Order Records in Publicists Hearing Trial Examiner Daniel Baker of the National Labor Relations Board yesterday ordered Warners and Loew's to produce all records on payrolls, i employe lists on publicists and artists and similar data, at the hearing on the Screen Publicists Guild demand for designation as collective bargain- ing agency. The hearing was adjourned until : next Wednesday. Attorneys present at the hearing were Berton Zorn, for Loew's ; H. S. Bareford, Warners, and H. W. Glickstein, for the guild. Both sides asked for briefer hearings than were held for other companies. Record for 'Heaven' Mexico City, Feb. 26.— "All This, and Heaven Too" is establishing a record for this country, with nine con- secutive weeks at the local Cine Rex, 1,000-seat house. The film is con- tinuing its run. Hollywood Reviews "The Lady Eve" (Paramount) Hollywood, Feb. 26. 'TP HIS third of the pictures contributed to Paramount by Preston *■ Sturges establishes definitely the fact that the Sturges name is marquee material to the same extent as those of such showmen as an Alfred Hitchcock, John Ford and the others whose names mean money in the till. Demonstrated without any possiblity of doubt is Sturges' flair for the fresh treatment of screen material, evinced previously in his "The Great McGinty" and "Christmas in July." Here his talent for doing the unexpected and having it turn out superlatively well is indicated by casting Barbara Stanwyck and Henry Fonda in roles departing from their usual characterizations. Miss Stanwyck, as both the daughter of a professional shipboard gambler and the glamorous British "Lady Eve," has parts compounded of comedy and romance and excels in each department. Fonda, as the awkward naturalist son of a wealthy brewer, emerges from homespun drama to modern comedy without a shade of hesitancy. From the time it first flashes on the screen, with a Leon Schlesinger cartoon snake pointing up the title, to its final fadeout, in which William Demarest, as Fonda's guard and valet, exclaims "Positively the same dame !" the story is a hilariously adult treatment of the female's luring, and eventual capture, of the male of the species. Typical of the dialogue, and of the mood the picture sets, is the scene aboard ship in which the stars and Charles Coburn, as Miss Stanwyck's father, each make a toast before having their first drink together. The professional card sharp, his hooks sharpened for the inviting prey he sees in Fonda, says "Washington and Valley Forge." Not to be out- done, Fonda replies "Dewey and Manila," which the girl climaxes with "Napoleon and Josephine !" Their romance abruptly terminates when the boy discovers that the girl with whom he has fallen in love while returning from a year spent up the Amazon is really a card sharp, as is her father. The girl then proceeds to pose as a member of the English aristocracy visiting a friend of his family. Actually, the "friend," played by Eric Blore, is equally bogus, but his story of an identical sister, daughter of the same mother but of a coachman rather than an English nobleman, fools the boy to such an extent that he marries the girl. To compensate for her humiliation at his hands, she fills the boy with stories about her wild youth, again convinces him so fully that he jumps off the train on their wedding night, refuses to see her again. They meet once again on board ship, the girl this time in her first characterization, and reactions between them indicate no doubt that the romance will be consumated. It is here that the "Positively the same dame" line ends the film. Handled throughout in a light vein, as indicated, the picture does not hesitate to kid itself in part, through musical effect and varied forms of slapstick. The success of the treatment may best be indicated by reporting that a press preview night audience laughed throughout, at times to an extent drowning out dialogue. In addition to the players mentioned, Eugene Pallette, Melville Cooper, Martha O'Driscoll and Janet Beecher are featured. Paul Jones pro- duced, as he did the two preceding Sturges pictures. Running time, 95 minutes. "A." * W. S. * "A" denotes adidt classification. 1» Flying Wild (Monogram) Hollywood, Feb. 26. Tj^IFTH in the series of pictures featuring "The East Side Kids" produced by Sam Katzman, "Flying Wild" deals with a band of saboteurs and spies stealing plane plans from a factory in which the youths work. The boys, headed by Leo Gorcey and Bobby Jordan, capture the band after some implausible adventures laden with excite- ment and comedy. Supporting the duo are Joan Barclay, Dave O'Brien, George Pem- broke, Sunshine Sammy Morrison, David Gorcey, Donald Haines, Eugene Francis, Bobby Stone, Herbert Rawlinson, Dennis Moore, For- rest Taylor and Bob Bill. William West directed the film, for which Pete Mayer was Katz- man's associate producer. Running time, 63 minutes. "G." * Vance King. Foresees Passage Of Ga. Sunday Bill Augusta, Ga„ Feb. 26.— Passage of the bill to legalize Sunday films in Georgia mu- nicipalities when it comes up for a second vote in the Senate was foreseen today by Floor Leader H. B. Edwards. The bill was defeated Mon- day by four votes, and Sena- tor Pat Campbell, its co-au- thor, today filed intention to have it reconsidered. It would permit Sunday shows where 25 per cent of the vot- ers request them, and their recall by the same number of voters, with one referendum a year permitted. N. S. S., Casanave In Court Actions National Screen Service, Inc., yes- terday filed suit in N. Y. County Supreme Court through Herman Robbins and Toby Gruen, directors, against Charles L. Casanave, vice- president and general manager of Na- tional Screen's subsidiary, National Screen Accessories, Inc., and also against the latter company, seeking an accounting of alleged secret profit made in a stock purchase and manu- facturing agreement between National Screen Accessories and American Display Company, Inc. A summons has also been served in an action in the Westchester County Supreme Court at White Plains by Casanave against Robbins, Gruen and Elliot E. Pearlman, officers of Na- tional Screen Service, on Harry A. Samwick and Murray Hellwick, of- ficers of American Display, and on National Screen Accessories, Ameri- can Display and Advertising Acces- sories, asking for declaratory judg- ment setting forth that the contract between Casanave, National Screen Accessories and American Display is valid. W anger Planning 3 For UA Next Season Hollywood, Feb. 26. — Walter Wan- ger plans three pictures for United Artists release during the 1941-'42 season. In addition to "Sundown," already announced, he will make "Eagle Squadron," story of Americans in the R.A.F., and a third to be selected from among three properties. Merian C. Cooper is in England filming back- ground material for "Eagle Squad- ron." The film, "So Gallantly Stream- ing," originally announced for 1941 release, has been postponed. *"G" denotes general classification. ITO Talks Continue Over Union Contract The New York I.T.O.A. is continu- ing negotiations with Operators' Local 306 on the union's request for a wage increase, which was to have become effective last September, the membership was informed at a meet- ing at the Hotel Astor yesterday. Under the 10-year master agree- ment concluded in September, 1936, wage increases of at least $1 a week per booth are provided every two years. The present negotiations are over the union's new wage demands made last September. ERROL FLYNN In his big M-O'D'E-R'N adventure! BRENDA MARSHALL it'i a smash! RALPH BELLAMY- ALAN HALE IEE PATRICK • ALIEN JENKINS 1 LUCILE WATSON Directed by LLOYD BACON Screen Ploy by Lester Cole ond John Wexley • from the Play by Iczlo Fodor, Bernard Merivole and Jeffrey Dell EDWARD. G. IDA ROBINSON JOHN i LUPINO GARFIELD JACK LONDON'S thundering story! with Alexander Knox • Gene Lockhart • Barry Fitzgerald Screen Play by Robert Rossen * Music by Erich Wolfgang Korngold ■4m mm Motion Picture Daily Thursday, February 27, 19f Court Orders Dismissal in La Crosse Suit {Continued from page 1) atres in LaCrosse to two new theatres which had been opened there by Well- worth. The plaintiff previously op- erated the only first runs in LaCrosse. The case first came to trial last Oct. 30 before Judge Stone and a jury but was interrupted by the sud- den illness of plaintiff's attorney. Trial was resumed Feb. 17 before Judge Stone and a new jury. Coun- sel for. the plaintiff today sought an- other continuance for introduction of evidence, which was denied by the court, and the case was ordered dis- missed on its merits. United Artists and 20th Century- Fox had contended that the sale of their films to the new Wellworth houses was decided by their own busi- ness judgment and was not the result of an alleged conspiracy, as charged. The court's ruling sustained this position. Frederick Pride of Dwight, Harris, Koegel & Caskey represented 20th Century-Fox at the trial. Paramount was represented by Louis Phillips, home :office attorney. Legion Reclassifies 'Thing Called Love' {Continued from page 1) version of the film has been rated as Partly Objectionable because of the original theme — emphasis on which, however, has been considerably less- ened. "Inasmuch as Legion classifications are national, it was necessary that the Legion be sure that the revised version would be the version exhibited throughout the United States. This assurance was given in a spirit of co- operation by Mr. Jack Cohn, execu- tive vice-president of Columbia Pic- tures Corporation, in a signed let- ter to the Legion under date of Feb. 25, reading as follows : " 'In accordance with your request, this company has made all the changes in its production, "This Thing Called Love," requested by the National Le- gion of Decency. Wires have been sent to every one of our branches, as well as our studio, notifying them of these changes, and that they are effective immediately. " 'Mr. Hode has informed me that these changes will alter the Legion's rating on this picture from C to B. " 'May I, on behalf of Columbia Pictures, express my thanks to the National Legion of Decency for its cooperation in the foregoing.' " Starr Edits Journal Martin Starr has been appointed editor of the Ampa's souvenir journal for the organization's Silver Jubilee dinner and dance at the Hotel Edison on April 4, it was announced yester- day by Leon Bamberger, president. March 15 has been set as the deadline for editorial contributions for the pub- lication. Government Plans No Censorship Of Press or Radio, Mellett Says Washington, Feb. 26. — Absolutely no censorship of radio, the press or other mediums is contemplated by the Administration, a House committee was told today by Lowell Mellett, director of the office of Government reports. Appearing before the committee to discuss a $1,500,000 appro- priation asked by President Roosevelt for maintenance of the organization, Mellett assured inquiring members that recent re- ports of a contemplated censorship are entirely without foundation. "If any censorship is contemplated this office knows nothing about it," he asserted. "My belief is that no censorship is con- templated, either now or if this country should become involved in war. When I say no censorship is contemplated in the event of war I do not mean that there will not be censorship of military and naval information. I mean there will be no general censorship of the press and the radio, such as is exercised in some countries abroad." Mellett denied also that his office was engaged in propaganda, as charged by Representative GifFord of Massachusetts, who re- ferred to a motion picture short on the Rural Electricfication Administration. Col. Files Queries In S chine Action Buffalo, Feb. 26. — Columbia today filed extensive interrogatories in Fed- eral District Court here for the Gov- ernment to answer in connection with the Federal anti-trust suit against the Schine Circuit and Columbia, Uni- versal and United Artists. The interrogatories filed by Schwartz & Frohlich, New York counsel for Columbia, ask that answers be filed not later than March 13. In 46 pages Columbia requests various definitions of phrases used in the Goverment complaint and more detailed descriptions of alleged illegal distributor practices. In one instance the Government is asked to state the title of each "first class picture" released by Columbia and exhibited in the Schine towns during the last 10 years and each of the factors considered by the Govern- ment in determining that such pic- tures are "first class." A definition of the words "collectively distributed" is requested. Warners Transfer Managers in Phila. Philadelphia, Feb. 26. — Manager changes at the Warner theatres in this area follow : In York, Paul Harvey, former Capitol manager, moved over to the Strand with Harry Olmstead, Ritz manager, going to the Capitol and Al Meyers coming in from Phila- delphia for the Ritz. Charles Crow- ley, manager of the State, Chester, re- places William Morgan as manager of the Grand, Vineland, N. J. Morgan is filling in as suburban district man- ager for Jack L. Mulhall, who was called for Army duty. Form Albany Club Albany, Feb. 26. — Exchange em- ployes here have formed the Washing- ton Club, so called because of its or- ganization date, Feb. 22. Officers are : Daniel R. Houlihan, 20th Century- Fox booker, president, and Elmer Sichel, also a 20th Century-Fox booker, secretary. The board of di- rectors comprises A. J. Marchetti, Universal booker ; Georgette Bing- ham of Columbia and William J. Murray of Monogram. RCA Held 44,757 RKO Shares Dec 31 {Continued from page 1) $1,000,000 was attributable to defense orders. Of the $128,491,611 gross income, $45,378,307, an increase of 11.5 per cent, was attributable to NBC ; $67,- 377,641, up 20.2 per cent from manu- facturing; $10,287,859, up 17.8 per cent, from communications ; and $5,- 447,804, up 9.2 per cent, from all other sources. RCA does not break down the net earnings of its subsidiaries. Total number of employes at the end of the year was 25,038, an in- crease of nine per cent. The surplus account was increased $3,121,679 for a total of $23,653,014 at the end of 1940. Cash on hand amounted to $17,468,406 ; current as- sets, $54,885,967; current liabilities, $24,550,485; and working capital, $30,335,482. A supplemental report by Maj. Gen. James G. Harbord, chairman of the board, and David Sarnoff, president, stressed the importance of the com- pany's increasing role in defense ac- tivities. Iowa Would Regulate Games, Set Sales Tax Des Moines, Feb. 26. — A bill in- troduced in the Iowa House of repre- sentatives requires theatres using games to award a prize at every drawing and would prohibit more than three theatres from combining in any one drawing. Another bill would place a special state sales tax on all forms of amuse- ments, starting with a tax of one cent on all tickets costing up to 49 cents, and going to five per cent on all ad- missions over $2. No exceptions would be granted and it would be in addition to the present sales tax now levied on amusements. Theatre men are fighting the meas- ures. Aid Hospital Fund Washington, Feb. 26. — Cooperat- ing in the third annual campaign for the Children's Hospital blood and serum bank, the Warner Tivoli will give a pre-release benefit showing of "In Old Colorado" Saturday morn- ing. Warners are donating the house and Paramount the film. Ascap Decree Sets Stage foi Air Agreemen {Continued from page 1) decree," Arnold's statement declare! "The only matter remaining f*j* ac justment is one of price betwa|1' v cap and the broadcasters," heTwdJ The tone of Arnold's statement we interpreted as indicating that the Dt partment of Justice expected negotic tions between Ascap and the broad casters to begin as soon as the decre is approved by the court and prepare to intervene if they did not. The statement pointed out that th only portion of the decree which af fects theatres is the provision for op tional blanket or per piece contract with Ascap, as reported in Motioi Picture Daily on Feb. 21. The decree as filed with the cour yesterday does not include the pro posed interpretation of freedom o: selection of contract terms by Ascaf and the broadcasters, as advanced bj the Ascap board at the time it ac- cepted the decree. It was stated, however, that such an interpretation is implicit in the wording of the de- cree and it was agreed by Ascap and the Department that further ampli- fication was unnecessary. Settlement of the Government's criminal information against Ascap pending in Federal court at Milwau- kee will be accomplished, probably next Wednesday, with the payment of fines by Ascap totaling $24,000. Ascap Coast Meeting Hollywood, Feb. 26. — Gene Buck, Ascap president, at a closed member- ship meeting at the Beverly Wilshire Hotel here tonight explained the pro- visions of the society's consent d&> cree, after which the Coast members voted to ratify it. New Formula Is Key to Deal, Miller Declares Beginning of negotiations with As cap depends upon how soon the musicj society can develop a licensing formula based upon a per-program arrange- ment, Neville Miller, president of tha National Association of Broadcasters, said yesterday in commenting upon Thurman Arnold's statement. Miller said: "How imminent a set-1 tlement between broadcasting and As- cap may be depends on how soon As- cap can readjust its whole setup to conform with the terms of the decree and how soon thereafter it will be in a position to work out a proposal for our consideration." Para. Is Considering 'Wings' as Roadshow {Continued from page 1) "The Dictator," and otherwise will have runs in Los Angeles, Chicago and Dallas. The roadshow idea is under- stood to have been sponsored by Neil Agnew, Paramount general sales man- ager. Robert Gillham, advertising di- rector, is reported to have made ten- tative arrangements for an enlarged exploitation staff should the film be roadshown. r— i n v i HE KIND OF PICTURE THAT HAS ft THE PICTURE BUSINESS GREAT.. . . a heaven-sent piece of casting which brings together the world's most publicized couple in a hit that's big and exciting not only in its romance hut in its whole plan of profit for you from its first great story idea . . through every phase of its stirring production . . to the hard-hitting promotional cam- paign that will bring it to your marquee in a blaze of glory! ALEXANDER KORDA presents 92 LEIGH aurence OLIVIER ; v vJy^ — - Directed by Alexander Korda with ALAN MOWBRAY • SARA ALLGOOD • GLADYS COOPER • HENRY WILCOXON Original screenplay by Walter Reisch and R. C. Sherriff Released thru UNITED ARTISTS attracted an unprecedented rush of newspaper correspondents to Hollywood to watch their news-making performances under the personal direction of Alexander Korda, work- ing for the first time with the unlimited facilities of American production close at hand. Hundreds of full pages in black and white and in color have been these journalists' advance publicity tribute to the importance of THAT HAMILTON WOMAN! Thursday, February 27, 1941 Motion Picture daily 11 'Fantasia9 Is Philadelphia Best, $18,500 4^18,500 for Philadelphia, Feb. 26. — "Fanta- sia" got off nicely at the Aldine, in spite of mixed press notices, with its first week. "This hing Called Love" at the Fox took $18,700, while "Gone With the Wind" in its fourth and final week at the Stanley drew $17,800. Estimated takings for the week end- ing Feb. 19-21 : "Fantasia" (Disney) ALDINE — (1,400) (86c-$1.14-$1.71) 7 days. Gross: $18,500. (Average, $9,000) "Rebecca" (M-G-M) ARCADIA — (600) (35c-46c-57c) 7 days, revival. Gross: $2,400. (Average, $2,600) "Victory" (Para.) BOYD— (2,400) (35c-41c-46c-57c-68c) 7 days. Gross: $11,200. (Average, $13,000) "Honeymoon for Three" (W. B.) EARLE— (4,000) (35c-41c-46c-57c-68c) 7 days with vaudeville including Johnny "Scat" Davis' orchestra, Julie Sherwin, Johnny Downs, Sue Ryan and the Dia- mond Brothers. Gross: $19,800. (Average, $14,000) "EHery Queen, Master Detective" (Col.) FAY'S — (2,190) (15c-29c-35c-46c-57c) 7 days with vaudeville including Eddie White, Elanor Sheridan, Annette Ross, Ashley & Clayton, the Del Rios, Morgan & Pope, and 16 Roxyettes. Gross: $7,500. (Average, $6,900) "Philadelphia Story" (M-G-M) KARLTON — (1,000) (35c-41c-46c-57c-68c) 7 days, 2nd run. Gross: $8,000. (Average, $3,000) "High Sierra" (W. B.) KEITH'S— (2,200) (35c-41c-46c-57c-68c) 7 days, 2nd run. Gross: $3,500. (Average, $4,500) "This Thing Called Love" (Col.) FOX— (3,000) (35c-41c-46c-57c-68c) 7 days. Gross: $18,700. (Average, $13,000) "Gone With the Wind" (M-G-M) STANLEY — (3,700) (35c-41c-46c-57c-68c) 7 days, 4th week. Gross: $17,800. (Average, $14,000) "Convoy" (RKO) STANTON— (1,700) (35c-46c-57c) 7 days. Gross: $6,800. (Average, $4,500) 'Privates' at $11,800 Top in Providence Providence, Feb. 26. — "Buck Pri- vates" and "The Invisible Woman" at the RKO-Albee took $11,800. Else- where business was about average. Estimated takings for the week end- ing 18-20: "Buck Privates" (Univ.) "The Invisible Woman" (Univ.) RKO-ALBEE— (2,239) (28c-39c-50c) 8 days. Gross: $11,800. (7-day average, $6,000) 'So Ends Our Night" (U. A.) "Maisie Was a Lady" (M-G-M) LOEW'S STATE— (3,232) (28c-39c-50c) 7 days. Gross: $11,500. (Average, $11,000) "Western Union" (20th-Fox) "Meet the Chump" (Univ) MAJESTIC— (2,250) (28c-39c-50c) 7 days. 2nd week. Gross: $6,100. (Average, $7,000) "The Mad Doctor" (Para.) "Barnyard Follies" (Rep.) STRAND— (2,200) (28c-39c-50c) 7 days. Gross: $4,800 (Average, $6,000) "Ride, Kelly, Ride" (ZOth-Fox) FAY'S— (1,800) (33c-39c-44c) 7 days. Stage show with Dave Schooler's Swing- hearts featuring Jean Arnold and Six Sweetie Pies; James Evans & Co.; The Thompsons and Norma; and Howell and Battie. Gross: $5,100. (Average, $5,000) "Gone With the Wind" (M-G-M) CARLTON— (1,526) (28c-39c-55c) 7 days. 4th week. Gross: $2,400. (Average, $3,500) "Thief of Bagdad" (U. A.) (3 days) "Michael Shayne, Detective" (20th-Fox) (3 days) "Go West" (M-G-M) (4 days) "Four Mothers" (W. B.) (4 days) EMPIRE-(1,200) (20c-28c) 2nd run. Gross: $1,400. (Average, $1,600) Critics9 Quotes "STRAWBERRY BLONDE" (Warners) There is an infectious gaiety and an ingenuous sort of mirth about the piece that makes it highly acceptable entertainment. ... I found it a lot of fun. — Garrett D. Byrnes, Providence Journal. A most enjoyable venture in movie going, quite outside the beaten path . . . something to see. — Donald Kirkley, Baltimore Morning Sun. Beguiling entertainment with a nostalgic flavor, directed expertly and well acted in all its leading roles. — Gilbert Kanour, Baltimore Evening Sun. The best picture that Hollywood has made in ages about the good old days. It is full of laughs, of heart interest, of nostalgic allusions . . . will be one of the biggest box-office hits of the year. — Harrison Carroll, Los Angeles Herald. The events will prove amusing for a majority of audiences, and there is an abundance of romance linked with the fun. — Edwin Schallert, Los Angeles Times. "MR. AND MRS. SMITH" (RKO) A chucklesome comedy that fails to mount into a coruscation wave of laughter. — New York Times. The action of the picture is fast. The comedy, if a bit aged and corny, still is funny enough to evoke hearty laughs. — Lee Mortimer, New York Daily Mirror. Skillfully made ... a fluffy piece, made for chuckles and getting them. — New York Sun. Pretty routine stuff, and were it not for the fresh and imaginative touches Hitchcock has brought to it, its bubbling lines and expert performances, it would be just another routine entertainment. — William Boehnel, New York World Telegram. Run-of-the-mill Hollywood farce, suggests that Hitchcock would do well to stick to melodrama. — Time. A sly, witty photoplay worthy of comparison with Ernst Lubitsch's best efforts in the same line. — Donald Kirkley, Baltimore Morning Sun. As hilarious a marital skylark as you are apt to encounter in weeks of theatre going ... a swell show. — Gilbert Kanour, Baltimore Evening Sun. "TOBACCO ROAD" (20th Century-Fox) Occasionally John Ford brings some inventive touches to the script but not as often as one would expect from a director of his imagination and inventiveness. The camera work is superb. But the whole thing is a bitter disappointment. — William Boehnel, New York World Telegram. I think it's fine . . . worth making, and is certainly worth experiencing. The direction, writing and acting are fused into a compatible whole. It's an intact, consistent job, delivered up out of steady craftsmanship. — Cecelia Ager, PM (New York). Just comes under the wire as an amusing but pointless film ... a slightly soiled family film, a poor-white family film — and not a great deal more. — Bosley Crowther, New York Times. A masterpiece ... a memorable motion picture ... a hundred times better than its theatrical prototype — a challenging reminder of the screen's vast potentialities as well as a fascinating entertainment. — Howard Barnes, New York Herald Tribune. Isn't another "Grapes of Wrath" but Director John Ford has directed it with almost as much care. I doubt, however, if it will be nominated for 1942 Academy Awards. — Virginia Wright, Los Angeles News. Even more sensational than the play . . . truly, a terrific picture. — Jimmy Starr, Los Angeles Herald and Express. "THIS THING CALLED LOVE" (Columbia) Indubitably funny in many respects. — Robert E. Murphy, Minneapolis Star Journal. Some of the material is repetitious, some sequences have been permitted to run too longt but on the whole, Alexander Hall has rung enough changes on a single theme to make "This Thing Called Love" nifty, naughty entertain- ment.— Mildred Martin, Philadelphia Enquirer. Not only wacky but witty. — Laura Lee, Philadelphia Bulletin. "THE HARD BOILED CANARY" (Paramount) One of the most striking screen instances of taking classic and semi-classic tunes and making them essential to theme and story ... it is one of the most daring films of its type ever produced and one of the most interesting.— Edwin Schallert, Los Angeles Times. Hitting a brilliant new high in original filmusicals, Producer-Director Andrew L. Stone has accomplished many a rare and fascinating scene. . . . I urge you to see "The Hard Boiled Canary." — Jimmy Starr, Los Angeles Herald and Express. The film story begins ingeniously. . . . The promise of entertainment it holds forth, however, is never fulfilled. — James Francis Crow, Los Angeles Citizen News. Oakland Union Elects Oakland, Feb. 26. — Annual elec- tion of Motion Picture Operators' Union, Local 169, resulted in election of Irving Cohen as president ; Bert Taylor, vice-president; George Dyer, financial secretary, and J. B. Perry, recording secretary. Two Firms Chartered Albany, Feb. 26. — Two new firms chartered here are B. P. Productions, Inc., New York, by T. Powers, M. Lebon and A. Blee, and Stilson Realty Corp., New York, by Dominick Su- ozzo, Frank Moscato and Minni Su- ozzo. 'Mr. Smith' Is Frisco Lead With $21,000 San Francisco, Feb. 26. — "Mr. and Mrs. Smith," with the Salici Puppets on the stage, hit $21,000 at the Golden Gate. "Gone With the Wind" drew $19,500 at popular price at the War- field. The weather was unfavorable. Estimated takings for the week end- ing Feb. 18-21 : "Mr. and Mrs. Smith" (RKO) GOLDEN GATE— (2,850) (35c-40c-55c) 7 days. Stage: Salici Puppets. Gross: $21,- 000. (Average, $15,000) "Western Union" (20th-Fox) "You're the One" (Para.) FOX— (5,000) (15c-35c-40c-50c) 7 days. Gross: $16,500. (Average, $16,000) "High Sierra" (W. B.) "Ride, Kelly, Ride" (ZOth-Fox) ST. FRANCIS— (1,400) (15c-35c-40c-50c) 7 days, 2nd week. Gross: $5,600. (Average, $6,000) "Trail of the Vigilantes" (Univ.) "Invisible Woman" (Univ.) ORPHEUM— (2,440) (15c-35c-40c-50c) 7 days, 2nd week. Gross: $6,800. (Average, $8,000) "Sen of Monte Cristo" (U. A.) UNITED ARTISTS — (1,200) (15c-35c- 40c-55c), 7 days. Gross: $7,700. (Average, $8,000) "Come Live With Me" (M-G-M) "The Mad Doctor" (Para.) PARAMOUNT— (2,740) (15c-35c-40c-50c) 7 days, 2nd week. Gross: $9,500. (Average. $11,500) "Gone With the Wind" (M-G-M) WARFIELD— (2,680) (25c-40c-55c) 7 days. Gross: $19,500. (Average, $12,000) "They Met on Skis" (C. L. Import) CLAY— (400) (15c-35c-45c) 7 days. Gross: $800. (Average, $1,000) 'Western Union* At $8,500, Pittsburgh Pittsburgh, Feb. 26.— Despite rain, snow and cold weather, "Western Union" pulled $8,500 at the Senator, "Kitty Foyle" drew $17,500 at Loew's Penn. Estimated takings for the week end- ing Feb. 20 : Back Street" (Univ.) FULTON— (1,700) (30c-44c) 7 days. $8,200. (Average, $5,000) "Kitty Foyle" (RKO) LOEW'S PENN— (3,400) (28c-39c- days. Gross: $17,500. (Average, $13 "Gone With the Wind'* (M-G-M) RITZ— (800) (40c-55c) 7 days, 5th Gross: $3,500. (Average, $3,000) "Western Union" (20th-Fox) SENATOR— (1,700) (28c-39c-55c) 7 Gross: $8,500. (Average, $5,000) "Mr. and Mrs. Smith" (RKO) STANLEY— (3,600) (28c-39c-55c) 7 Gross: $10,000. (Average, $13,000) 'The Philadelphia Story" (M-G-M) WARNER— (2,000) (28c-39c-55c) 7 3rd week. Gross: $8,000. (Average, Gross : 55c) 7 ,000) week, days, days. days, $5,000) New Haven Gives 'Privates' $6,000 New Haven, Feb. 26. — "Buck Pri- vates" and "Girl in the News" at the Paramount took $6,000. "Honeymoon for Three" and "Hudson's Bay" at the Roger Sherman drew $5,500. Estimated takings for the week end- ing Feb. 20: "Philadelphia Story" (M-G-M) "Saint in Palm Springs" (RKO) COLLEGE— (1,499) (39c-50c) 7 days, 3rd week. Gross: $2,700. (Average, $2,700) "So Ends Our Night" (U. A.) "Tall, Dark and Handsome" (20th-Fox) LOEW-POLI— (3,040) (39c-50c) 7 days. Gross: $7,000. (Average, $8,000) "Buck Privates" (Univ.) "Girl in the News" (20th-Fox) PARAMOUNT— (2,348) (39c-50c) 7 days. Gross: $6,000. (Average, $4,000) "Honeymoon for Three" (W. B.) "Hudson's Bay" (20th-Fox) ROGER SHERMAN— (2,200) (39c-50c) 7 days. Gross: $5,500. (Average, $5,000) 09 s s ^ to 5 »© 2 S "Si ^ "** ^ © to © eo K 6 •« *l S« ►si '-N to ©> •> •SO Si * .. *w © fia © is CO 06 to to WARNERS Father's Son (D) 520 John Litel F. Inescort Flight from Destiny (D) T. Mitchell Jeffrey Lynn Great Mr. Nobody (C) Eddie Albert Joan Leslie Strawberry Blonde (D) James Cagney O. De Havilland Shadows on the Stairs (D) F. Inescort P. Cavanagh Footsteps in the Dark (C) Errol Flynn B. Marshall Here Comes Happiness (D) Mildred Coles Edward Norris The Sea Wolf (D) Ed. G. Robinson Lupino-Garfield Knockout (D) Art Kennedy Olympe Bradna UNIVERSAL Buck Privates (C) Abbott-Costello Andrew Sisters Back Street (D) Charles Boyer M. Sullavan Meet the Chump (C) Hugh Herbert Jeanne Kelly Nice Girl (D) Deanna Durbin Franchot Tone Dark Streets of Cairo (D) Ralph Byrd Sigrid Gurie Mr. Dynamite (D) Lloyd Nolan Irene Hervey Double Date (D) Peggy Moran Rand Brooks Man Who Lost Himself (D) Bury Me Not On the Lone Prairie (D) Horror Island (D) Man-Made Monster (D) Lady from Cheyenne (O) Mutiny in the Arctic (D) Flame of New Orleans (D) M. Dietrich Bruce Cabot -€>. < ED So Ends Our Night (D) Fredric March M. Sullavan Cheers for Miss Bishop (D) Martha Scott William Gargan The Great Dictator (C) Chas. Chaplin Goddard-Oakie Topper Returns (C) Joan Blondell Roland Young 20TH-FOX Girl in the News (D) 127 Valerie Hobson B. K. Barnes Ride, Kelly Ride (C) 129 E. Pallette Golden Hoofs (C) 130 Jane Withers Buddy Rogers Western Union (D) 126 Scott-Jagger Robert Young Murder Among Friends (D) M. Weaver John Hubbard Tobacco Road (D) C. Grapewin Gene Tierney Murder Among Friends (D) M. Weaver John Hubbard The Outlaw (O) Walter Huston Jane Russell Dead Men Tell (D) Sidney Toler K. Aldridge Scotland Yard (D) 131 John Loder Nancy Kelly That Night in Rio (M) Alice Faye Don Ameche Ride On Vaquero (O) Cesar Romero Mary B. Hughes RKO RADIO Mr. and Mrs. Smith (C) 117 Carole Lombard R. Montgomery Along the Rio Grande (O) 183 Tim Holt Ray Whitley Play Girl (D) 121 Kay Francis James Ellison Scattergood Baines (D) 123 Guy Kibbee Dink Trout Citizen Kane (D) 118 Orson Welles A Girl, A Gob and A Guy (C) George Murphy Lucille Ball Footlight Fever (D) 119 Alan Mowbray Donald McBride Melody for Three (D) Jean Hersholt Repent at Leisure (C) Kent Taylor Wendy Barrie Devil and Miss Jones (C) Jean Arthur Charles Coburn Robbers of the Range (O) Tim Holt Virginia Vale REPUBLIC Arkansas Judge (C) 010 The Weavers Roy Rogers Petticoat Politics (C) 020 Higgins Family The Phantom Cowboy (O) 075 Don "Red" Barry Prairie Pioneers (O) 065 3 Mesquiteers Great Train Robbery (O) Bob Steele Claire Carleton Citadel of Crime (D) John Wayne Frances Dee Back in the Saddle (O) Gene Autry Smiley Burnette Mr. District Attorney (D) Florence Rice Dennis O'Keefe In Old Cheyenne (O) Roy Rogers Gabby Hayes Sis Hopkins (C) 2-Gun Sheriff (O) Raiders of the Alamo (O) 3 Mesquiteers PARA. You're the One (M) Bonnie Baker Orrin Tucker The Mad Doctor (D) B. Rathbone Ellen Drew Virginia (O) F. MacMurray M. Carroll Monster and the Girl (D) Ellen Drew Rod Cameron The Hard-Boiled Canary (M) 4020 Allan Jones In Old Colorado (O) 4052 Boyd-Hayden The Lady Eve (C) B. Stanwyck Henry Fonda Las Vegas Nights (M) Regan-Wheeler Tommy Dorsey Roundup (O) Richard Dix Pat. M orison Road to Zanzibar (C) Bing Crosby Lamour-Hope Border Vigilantes (O) William Boyd Russell Hayden | MONOGRAM The Kid's Last Ride (O) Range Busters Ridin' the Cherokee Trail (O) Tex Ritter Air Devils (D) Leo Gorcey Bobby Jordan Sign of the Wolf (D) Grace Bradley Louise Beavers At the Villa Rosa (D) Judy Kelly Kenneth Kent M-G-M Come Live With Me (C) James Stewart Hedy Lamarr Blonde Inspiration (C) John Shelton Virginia Grey Trial of Mary Dugan (D) 125 Robert Young Andy Hardy's Private Secretary (C) 126 Free and Easy (C) 127 Ruth Hussey Robt. Cummings Rage in Heaven R. Montgomery I. Bergman The Penalty (D) L. Barrymore Edward Arnold Ziegfeld Girl (M) Stewart-Lamarr Turner-Garland The Bad Man (O) 124 Wallace Beery L. Barrymore COLUMBIA The Devil Commands (D) Boris Karloff Amanda Duff Across the Sierras (O) Bill Elliott L. Walters Adam Had Four Sons (D) Meet Boston Blackie (D) Blondies Goes Latin (C) Outlaw of the Panhandle (O) Lone Wolf Takes a Chance Warren William June Storey Penthouse Mystery (D) R. Bellamy M. Lindsay North From the Lone Star (O) Bill Elliott Dorothy Fay Penny Serenade (C) Cary Grant Irene Dunne i * « CO ♦ ' ^ ; ''Urn ■ YOUR MONEY WILL BE IMMEDIATELY RE- FUNDED IF YOU DON'T FIND THIS TO BE A PRACTICAL, SIMPLIFIED BOOKKEEPINC SYSTEM $0.00 2 MAIL COUPON NOW QUICLEY BOOKSHOP, ROCKEFELLER CENTER, NEW YORK Here is my check for $2.00. Send me "THEATRE MANAGEMENT RECORD." Postpaid Name City and State . .Address. .Theatre _ /T MAKES A B/G DIFFERENCE . Take a walk past your theatre. Regardless of the picture you're playing . . . does it look inviting as a place to spend an evening? That's a test of showmanship. Because your lobby . . . your marquee . . . your theatre front is your first appeal to the public to come in. And it makes a big difference to your box office how you make that first appeal. They'll never reach your box office unless you can make them believe you've got something more desirable inside than the price of admission And we claim that the combined product of THE THREE BEST SEAT SELLERS . . . Trailers ... Lobby Displays ... General Accessories from the Prize Baby of the Industry— will give your theatre that "gee -I -must -see -that" look. nflTIOnflL^^1 SERVICE • nflTIOnflL^*^ ACCESSORIES HDVERTISIOG ACCESSORIES, inc. Alert, InteWgei awy to the^l cjtion Picture Industry MOTION DAILY First In Film-am /Radio \N Accurate 1 and Impartial )L. 49. NO. 41 NEW YORK, U.S.A., FRIDAY, FEBRUARY 28, 1941 TEN CENTS Radio Objects To Portions of Ascap Decree Opposes Formula for Dividing Royalties While officials of the National Association of Broadcasters have little hope of blocking approval of the Ascap consent decree negotiated with the Government, it appears certain that the N.A.B. will enter formal objection when the decree comes up for approval in Federal court here. This has been set tenta- tively for next Monday by Judge Henry W. Goddard. The N.A.B. is expected to ob- ject to the provision which permits Ascap members to make deals directly with a user of music but gives control of the distribution of royalties so received to Ascap in accord- ance with its old formula of distribution. Additionally, the NA.B. is expected to object to the method of electing Ascap directors which gives members votes in accordance with their ratings. Broadcast Music, Inc., yesterday (.Continued on page 12) Wanger to Preside At Quigley Awards Hollywood, Feb. 27. — Walter Wan- ger, president of the Academy of Mo- tion Picture Arts and Sciences, has accepted the post of toastmaster at the presentation of the 1940 Quigley Grand Awards here on March 18. Wanger spoke at last year's gather- ing and has been a regular attendant at other award ceremonies. Presenta- tion of the annual plaques will take place during a luncheon in the Flor- (Coiitiimed on page 4) Crescent Dismissal Motion Is Denied Nashville, Feb. 27. — Federal Judge Elmer Davies today denied the motion of Columbia, Universal and United Artists for dismissal of the Government's amended anti-trust suit complaint against them and the Cres- cent Amusement Co. of this city. The motion was argued by Louis D. Frohlich of New York, counsel for Columbia, on Monday in U. S. Dis- (Continited on page 10) Hollywood, Feb. 27. — Winners of the awards announced tonight at the annual dinner of the Academy of Motion Picture Arts and Sciences follow: Most outstanding picture of the year — "Rebecca," Selznick- International-United Artists. Best performance by an actor — James Stewart in "The Philadelphia Story," M-G-M. Best performance by an actress — Ginger Rogers, "Kitty Foyle," RKO. Best performance by an actor in a supporting role — Walter Brennan in "The Westerner," Samuel Goldwyn-United Artists. Best performance by an actress in a supporting role — Jane Darwell in "The Grapes of Wrath," 20th Century-Fox. Best achievement in directing — John Ford for "The Grapes of Wrath," 20th Century-Fox. Best original motion picture story — Benjamin Glazer and John S. Toldy (pen name) for "Arise, My Love," Paramount. Best written screenplay — Donald Ogden Stewart for "The Phila- delphia Story," M-G-M. Best original screenplay — Preston Sturges for "The Great Mc- Ginty," Paramount. Best achievement in art direction (black-and-white films) — Cedric Gibbons and Paul Groesse for "Pride and Prejudice," M-G-M. Best achievement in art direction (color films) — Vincent Korda for "The Thief of Bagdad," Alexander Korda-United Artists. Best achievement in cinematography (black-and-white)— George Barnes for "Rebecca," Selznick-International-United Artists. Best achievement in cinematography (color) — George Perinal for "The Thief of Bagdad," Alexander Korda-United Artists. Best achievement in sound recording — Douglas Shearer for "Strike Up the Band," M-G-M. Best achievement in film editing— Anne Bauchens for "North West Mounted Police," Paramount. Short subjects— Cartoons, "Milky Way," Rudolph Ising-M-G-M; one-reel, "Quicker'n a Wink," Pete Smith-M-G-M; two-reel, "Teddy the Rough Rider," Gordon Hollingshead-Warner Bros. Special effects— "The Thief of Bagdad;" Lawrence Butler, pho- tographic, and Jack Whitney, sound. Wanger Tells How Industry May Aid National Defense By SAM SHAIN There are four ways in which the motion picture industry could aid na- tional defense, according to Walter Wanger. These are : (a) Newsreels should give a real- istic picture of the world. (b) Motion pictures should coop- erate to the full with the Army, Navy and national defense authorities to make films for training purposes to be used for Army camps and training posts. _ (c) Hollywood should make more pictures about North and South America and awaken Americans to the majesty and achievements of this great democratic society. (d) Motion pictures should widen their scope and vision when they por- tray contemporary life. Wanger listed these four ways last night in a symposium of the "Town Hall of the Air," broadcast from Los Angeles over the NBC-Blue network. The subject was "How Should the Movies Aid National Defense?" Ap- pearing with Wanger on the program were Rosalind Russell, Donald Ogden Stewart and Manchester Boddy. In regard to the charges of propa- ganda and war mortgering which have (Continued on page 4) President Hails Industry For Service to U. S. Addresses M. P. Academy Annual Awards Dinner Text of address on Page 4. By BERTRAM F. LINZ Washington, Feb. 27. — Span- ning the continent with his words, President Franklin D. Roosevelt by radio late tonight hailed the motion picture industry for its achieve- ments and for its services to na- tional defense and the cause of democracy. The President spoke from the White House. His address, heard by the nation over all networks, was directed specifically to the 13th an- nual awards dinner of the Academy of Motion Picture Arts and Sciences in the Hotel Biltmore Bowl in Los Angeles. The Presi- dent spoke for seven minutes. [From Los Angeles, it was re- ported that the address was en- thusiastically received by the 1,200 guests assembled at the Academy dinner.] President Roosevelt emphasized the role of the American films in national defense, in inter-American solidarity and in warding off "the assault on the Democratic form of government." "We have seen the American motion picture become fore- most in the world," he said. "We have seen it reflect our (Continued on page 4) AGMA-Petrillo Fight Up to Justice Dept. Washington, Feb. 27. — It is re- ported that the Department of Justice has been asked to investigate the con- troversy between James C. Petrillo and the AGMA and to prevent inter- ference by him or the American Fed- eration of Musicians with AGMA members. In Today's Issue Reviews of "Footsteps in the Dark" and "The Great Train Robbery" will be found on Page 9. Census Bureau Reports on Industry, Page 10. 2 Motion Picture Daily Friday, February 28, 1941 Variety Club Seeks Aid of Blood Donor Charlotte, N. C, Feb. 27.— H. H. Everett of the local Variety Club has issued an urgent appeal to all clubs throughout the country to endeavor to locate a person who has been cured of a rare blood disease known as strep- tococcus verdians septicema endocarditis, who is able to donate blood for a transfu- sion in behalf of a Charlotte patient. If the proper blood donor is found, and his condition permits, he will be taken to Charlotte at the club's ex- pense, otherwise, the blood plasm will be shipped here by plane. Bolognino Confirms Deal with Joelson Laurence Bolognino, head of Con- solidated Amusement Enterprises, yes- terday confirmed that the circuit's 21 theatres in the Manhattan and the Bronx will be taken over tomorrow by Julius Joelson, former New York and Massachusetts theatre operator, as reported yesterday in Motion Pic- ture Daily. Bolognino, however, declined to di- vulge any details of the deal or to discuss his future plans, pending the formal closing. Houses now operated by Consoli- dated are : Arena, Bryant, Chelsea, Morningside, Squire, Times and Ti- voli in Manhattan, and Ascot, Avalon. Casino, Earl, Fleetwood, Forum, Jerome, Kent, Kingsbridge, Luxor, Aft. Eden, Ogden, Oxford and Surrey in the Bronx. Consolidated also has arranged to operate a new theatre under construction at Eighth Ave. and 19th St. It is understood that Joelson plans an expansion of the circuit. 20th-Fox Pays 37 % Cents Board of directors of 20th Century- Fox yesterday declared a dividend of 37z/i cents a share for the first 1941 quarter on the company's preferred stock, payable March 31 to holders of record March 17. RESTAURANTS 1626 BROADWAY 1655 (Next to the Blvoll Theatre) (51>t Street Corner) For over 20 years the luncheon and dinner place for Motion Picture People Sole agents in New York for FAMOUS BLUM'S ALMONDETTES from San Francisco, California Personal Mention MAURICE SILVERSTONE, United Artists chief executive, is expected from the Coast on Monday after a month's visit on the Coast. • Louis D. Frohlich, Columbia counsel, will return to New York from Nashville on Monday. • Maurice Bailey, operator of the Whalley, Westville, Conn., and Jack Halprin, New Haven theatre con- tractor, are in New Orleans. • Harry F. Shaw, Loew-Poli divi- sion manager in New Haven, will leave March 6 for a Panama cruise. • Jack Warner, Joseph Schenck, Leo Spitz, Joseph Moskowitz, Charles Stern and Bernard Brandt lunching at Lindy's (Slst St.) yes- terday. • Mr. and Mrs. Harry Brandt will leave for Florida on Sunday. • Joe Hornstein has arrived in Mi- ami. He motored from New York. • Andy Smith, Terry Ramsaye, Nate Blumberg, Fred Meyers, Nate Golden, Sam Shain, and Steve Broidy having lunch at Toots Shor's yesterday. GEORGE J. SCHAEFER, presi- dent of RKO, arrives at the stu- dio today for an indefinite stay. • Abe Schneider, Al Margolies and Irvin Shapiro at Lindy's (next to the Rivoli) yesterday for lunch. • George Dembow, Fred Schwartz, John D. Hertz, Jr., John Buchanan, Tamara, Donald Gibbs, Lester Ful- ler, Luther Adler, A. L. Berman, Lyle Talbot, Guy Bolton having lunch yesterday at Sardi's. • Jack Cohn, James Mulvey, Ar- thur Kelly, N. L. Nathanson, Harry Gold, Jeffrey Bernerd, Budd Rogers, Harry Thomas, Arthur Mayer, Maurice Bergman, I. E. Lo- pert, William Fitelson, Sam Spring and Arthur Lee at the Tavern for lunch yesterday. • E. K. O'Shea, J. J. Unger, Rob- ert Weitman and William Orr at Nick's Hunting Room in the Astor yesterday for lunch. • David Weinstock plans to leave for Miami next week. • John Manheimer, executive sec- retary of the New York I.T.O.A., has returned from Florida. Chicago Company Plans Local Reels Chicago, Feb. 27. — Archie Spencer, representative of the American Vend- ing Co., here, has formed a company to distribute and sell "sectional news- reels," known as Teletone News Co. It is planned to film events in Illi- nois, Indiana, Wisconsin, Iowa, Mis- souri and Michigan. The company plans tieups with local newspapers which are given credit for the presen- tation of the newsreel on the screen. According to Spencer, the plan has been agreed to by the Illinois Daily Newspaper Markets, Inc., non-profit organization to publicize daily news- papers in Illinois. The reel will be released first about May 1. Committee Named For 'Clean' B'way Robert K. Christenberry, general manager of the Hotel Astor, heads the annual "clean-up" drive of the Broadway Association this year in a renewed effort to clear the Times Square area of so-called "undesirable businesses" and decorations. The Times Square Committee comprises William Morris, Jr., chairman ; Rob- ert Weitman, Joseph Bernhard, George Skouras, John Sullivan, Oscar Doob and Ray Whittaker. Feinberg Injured in Crash of Plane Atlanta. Feb. 27. — George J. Feinberg, vice-president of Dazien's, Inc., New York theatrical costumers, was among the passengers on the Eastern Airlines' sleeper plane which crashed near here today. He suffered a minor back injury and is being treated at the Piedmont Hospital. He was en route to New Orleans on busi- ness. Seven passengers were killed in the crash and eight others were injured. Nominating Group Appointed by Ampa The Ampa at a closed meeting at the Hotel Edison yesterday selected a nominating committee which will choose the slate of officers for the ensuing year. The committee is to re- port before April 10. The committee includes : John C. Flinn, chairman ; Ray Gallagher, S. Barret McCormick, Ed McNamee, Charles Alicoate, Joel Swenson and Hortense Shorr. Hap Hadley was named first alternate. For the first time, trade paper rep- resentatives will have the right to vote, it was decided at yesterday's session. The meeting also ruled that no mem- ber of the nominating committee can be recommended for office. U. A. Sets 'Topper' Shows in 10 Spots L'nited Artists has set trade show- ings of "Topper Returns," new Hal Roach film, in 10 key cities, and more are to be announced. The film will be shown March 11 in St. Louis, New Haven, Denver and Boston ; March 12 in Cleveland, and March 13 in Chicago. On the following two days showings will be held in Buffalo, Charlotte, Des Moines and Baltimore. Many Expected at ITOA 'Movie BalV Several hundred are expected to at- tend the eighth annual "Movie Ball" of the New York I.T.O.A. tomorrow night at the Hotel Astor. A number of civic notables have been invited as guests of the organization. The entertainment program lists, among others, Carol Bruce. Boris Karloff. Orson Welles, Ben Blue, Ella Logan and the Calgary Bros. David Weinstock is general chairman of the affair. Newsreel Parade ^HE war is virtually ignored as ■*■ the reels found their Subject mat- ter in the birth of quadruplets in Ken- tucky, in the army's new cooking school and in the French Indo-China situation in addition to assorted gen- eral news and sports events. Sfcc contents : \ s. MOVIETONE NEWS, No. 50— Canada speeds aircraft production. General Wey- gand at African defenses. Quadruplets born in Kentucky. Army culinary school in Kentucky. New dam under construction in Australia. Baseball Giants in training. Fencing at the Naval Academy. Yachting in Los Angeles. Sports show in Chicago. Chicago youngster is swimming marvel. NEWS OF THE DAY, No. 248— War crisis in Singapore. Quadruplets born in Kentucky. Carnival in Rio. Dogs receive Hollywood awards. Baseball teams in spring training. Midshipmen in sword practice. Bob-sledding at Lake Placid. PARAMOUNT NEWS, No. 53-Quads born in Kentucky. Art collection in Wash- ington. General review of Martinique in the Caribbean. Wrestlers in battle royal in Newark. RKO PATHE NEWS, No. S3— Fire in Giicago's Loop. Japanese mediators in Thailand. New powder plant in Indiana. Art gallery completed in Washington. Naval Reservists in training. New ship for Flor- ida-Havana run. Chicago two-year-old is swimming champion. Regatta off Califor- nia. Tampa girls in pie-eating contest. Bob-sledding at Lake Placid. Giants in training. New tunnel in Mobile. UNIVERSAL NEWSREEL, No. 958— Situation in Indo-China. Aluminum for planes here. Army culinary school. Quads born in Kentucky. Dogs get Hollywood awards. Giants train in Miami. Sports show in Chicago. Midshipmen get fencing instruction. Skiing and bob-sledding at Lake Placid. Supplies Set for Greek Relief Drive Arrangements for the material to be supplied theatres in the New York area during Greek War Relief Week. March 25 to 30, were made yesterday at a meeting of the publicity commit- tee. Each theatre will be supplied 24 col- lection boxes for lobby collections, 200 buttons, six head bands, six sashes and four half-sheet cards. This will be delivered by the theatres' regular film delivery trucks. National Screen Serv- ice will provide theatres with a trailer featuring Melvyn Douglas before the drive opens. MOTION PICTURE DAILY (Registered U. S. Patent Office) Published daily except Saturday, Sunday and holidavs bv Quigley Publishing Company, Inc , 1270 Sixth Avenue, Rockefeller Center. Xew York Citv. Telephone Circle 7-3100. Cable address. "Quigpubco, New York." Mar- tin Quigley, Editor-in-Chief and Publisher; Colvin Brown, Vice-President and General Manager; Watterson R. Rothacker, Vice- President; Sam Shain, Editor; Alfred L. Finestone. Managing Editor: James A. Cron. Advertising Manager; Chicago Bureau. 624 South Michigan Avenue, C. B. O'Neill. Manager: Hollywood Bureau, Postal Union Life Building, Leon Friedman. Manager; William R. Weaver. Editor: London Bureau. 4 Golden Square. London Wl : Hope Wil- liams, Manager, cable address "Quigpubco. London." All contents copyrighted 1941 by Ouigley Publishing Company. Inc. Other Quigley publications: Motion Picture Herald. Better Theatres. International Motion Pic- ture Almanac and Fame. Entered as second class matter. Sept. 23. 1938. at the post office at New York. N. Y.. under the act of March 3, 1879. Subscription rates per year $6 in the Americas and $12 foreign. Single copies 10c. Hie NORTH sure goes foi those SOUTHERN WOMEN! We knew Virginia" was going Southland... but look at these cold, cold north. Just goes a picture, and a big picture, you're in the money, get the idea... AND THE NEWEST DIXIE to wow 'em in the good old returns from the supposedly to show you. ..if you build round a Southern gal . • . Remember... well, you LOOK AT WHAT GAL IS DOING . . . "VIRGINIA" tops every Paramount Picture but "N.W.M.P." in Kansas City, Mo. Tucson, Ariz. Salt Lake City, Utah Hartford, Conn. Scranton, Pa. New Haven, Conn. Wilkes- Bar re, Pa. Worcester, Mass. South Bend, Ind. Springfield, Mass. Buffalo, N. Y. Boston, Mass. Toledo, Ohio Fort Worth, Tex. Peoria, III. Wheeling, W. Va. St. Paul, Minn. Dallas, Tex. Minneapolis, Minn. Lincoln, Neb. Phoenix, Ariz. Omaha, Neb. Paramount Pictures Presents Madeleine Carroll • Fred MacMurray with Stirling Hayden • Helen Broderick • Marie Wilson • Carolyn Lee / A Paramount Picture Produced and Directed by Edward H. Gr'W'jh * S5re5" f *ay 4 Motion Picture daily Friday, February 28, 1941 President Hails Industry For Service to U. S. Text of President's Speech Washington, Feb. 27. — Following is the text of President Roosevelt's address to the Academy of Motion Picture Arts and Sciences Awards Dinner in Los Angeles tonight: (Continued from page 1) civilization throughout the rest of the world— the aims and as- pirations and ideals of a free people and of freedom. That is the real reason that some governments do not want our American films exhibited in their countries." The President acknowledged "the great service" of the newsreels m acquainting the public with the "implications" of the lend-lease bill, "whose early enactment by the Congress we confidently antici- pate." . . He concluded: "I do not mini- mize the importance of the motion picture industry as the most popu- lar medium of mass entertainment. But tonight I want to place the chief emphasis on the service you can render in promoting solidarity among all the people of the Americas. "For all this and for your splen- did cooperation with all who are directing the expansion of our de- fense forces, I am glad to thank you." President Roosevelt addressed the dinner by radio because he could not make the trip to Los Angeles due to the stress of inter- national affairs. This was the first time a President of the United States had addressed the industry Awards gathering. The only previ- ous occasion when a high national official spoke was when the late Vice-President Curtis attended the event in 1931. The President's address was the opening ceremony of the Awards dinner, with an introduction by Walter Wanger, president of the Academy. The radio program was concluded by the singing of "Amer- ica" by Judy Garland. Cites Screen's Part In Nation's Defense Hollywood, Feb. 27. — Major Gen- eral Joseph 0. Mauborgne, chief sig- nal officer of the U.S. Army, today de- scribed the film industry's contribution to the national defense program as "of vital importance" and "as impor- tant to the Army as is the steel indus- try's contribution." Gen. Mauborgne arrived here today to confer with studio executives en- gaged in making Army training films. He attended the Academy Awards dinner tonight, where he made the presentations to the technical awards winners. A dinner will be given in his honor here tomorrow night and he will leave for San Francisco on Saturday. Schine, Altec in Deal The Schine Cicuit has renewed an agreement with Altec Service Corp. providing for sound service, repairs and replacements in 117 Schine houses. MR. WANGER, Ladies and Gentlemen : I am happy to greet the motion picture industry of America, whose representatives are gathered from far and near for the annual Awards Dinner of the Academy of Motion Picture Arts and Sciences. In these days of anxiety and world peril our hearts and minds and all of our energies are directed toward one objective. That objec- tive is the strengthening of our national defense. Every day we realize that more and more things in our life must be evaluated in just such proportion as they con- tribute to the national defense. American Industry Foremost The American motion picture as a national and international force is a phenomenon of our own gen- eration. Within living memory we have seen it born and grow up into full maturity. We have seen the American motion picture become foremost in the world. We have seen it reflect our civilization throughout the rest of the world — the aims and aspirations and ideals of a free people and of freedom. That is the real reason that some governments do not want our American films exhibited in their countries. Dictators — those who enforce the totalitarian form of government — ■ think it a dangerous thing for their unfortunate peoples to know that in our democracy officers of the government are the servants, never the masters, of the people. Defense Problem Hemispheric In all that I have said on that all-important subject through many months past I have emphasized that in the assault on the demo- cratic form of government which imperils world civilization today, our problem of national defense has become one of defending the entire Western hemisphere — all three of the Americas — North, Central and South. We can no longer consider our own problem of defense as a separate interest. It involves the defense of all the democracies of all the Americas — and, therefore, in fact it involves the future of democracy wherever it is imperiled by force or terror. An all-important factor in hem- ispheric defense is the lend-lease bill, whose early enactment by the Congress we confidently anticipate. Wanger to Preside At Quigley Awards (Continued from page 1) entine Room of the Beverly- Wilshire Hotel, sponsored by Martin Quigley. Studio executives, directors and stars will participate in honoring the winners, E. C. Callow of Warner Theatres in Philadelphia, and J. R. Wheeler, manager of the Balaban & Katz Granada Theatre, South Bend, Ind., who are being brought to Holly- wood as guests of Quigley Publica- tions. It is a pleasure here and now to acknowledge the great service which the newsreels have per- formed in acquainting the public with all of the implications of this measure as it takes its way through the various legislative stages. Acceptance of the task of co- operating with all the Americas in defending the entire Western hemisphere, implicit in our plans for national defense, is a natural outgrowth of our good neighbor policy in our relations with the other American republics. Hap- pily for democracy, the Americas stand forth today as a notable example of international solidarity in a world in which freedom and human liberty are threatened with extinction. Industry Used Resources We have been seeking to af- firm our faith in the Western world through a wider exchange of culture, of education, of thought, and of free expression among the various nations of this hemisphere. Your industry has utilized its vast resources of talent and facilities in a sincere effort to help the people of this hemisphere to come to know each other. In carrying on this program of advancing the spirit of inter-Amer- ican solidarity and continental de- fense our government has estab- lished machinery to coordinate our growing commercial and cultural relations with the American repub- lics. Our Government has invited you to do your share of the job of interpreting the people of the Western hemisphere to one anoth- er. And all of us in all the twen- ty-one American republics are grateful that your response is so immediate and so wholehearted. Emphasis on Service I do not minimize the importance of the motion picture industry as the most popular medium of mass entertainment. But tonight I want to place the chief emphasis on the service you can render in promot- ing solidarity among all the people of the Americas. For all this and for your splen- did cooperation with all who are directing the expansion of our de- fense forces, I am glad to thank you. In the weeks and months that lie ahead we in Washington know we shall have your continued aid and support. Macgowan on Leave For Hemisphere Job Hollywood, Feb. 27. — Kenneth Macgowan, 20th Century-Fox produc- er for the last four years, has obtained a leave of absence. He left last night by plane for New York to complete arrangements to take the position of Non-Theatrical Director for the Pan- American relations coordinating com- mittee. The committee is part of the Nelson Rockefeller- John Hay Whit- ney project for hemisphere goodwill. Honest Abel Wheeling, W. Va., Feb. 27. THE honesty of West Vir- ■*■ ginia mountaineers was displayed here by Abel Nicholson, an aging man from "back in the hills." He sat through "High Sierra," the first picture he had ever seen. He left the auditorium and a moment later approached the cashier and said, "That certainly was elegant /#' entertainment. I'd like to v*( buy another ticket and see T it again." Scientific Awards To 20th-Fox, W.B. Hollywood, Feb. 27. — Darryl F. Zanuck, chairman of the Research Council of the Academy of Motion Picture Arts and Sciences, tonight announced awards to 20th Century- Fox for its silenced camera and to Warners' art department and Anton F. Grot, art director, for the design and perfection of a water ripple and wave illusion machine. The awards are in the scientific and technical achievement classification of the Acad- emy awards, presented tonight. The major award, consisting of a gold statuette, was given for the si- lenced camera developed by Daniel Clark, Grover Laube, Charles Miller and Robert W. Stevens. A certifi- cate of honorable mention was given for the Warner development. Only five major awards in this classification have been given in the history of the Academy selections. Forty-one nominations were consid- ered for this division, a considerable number, however, being tabled for consideration next year pending their more w idespread use. Wanger Tells How Trade May Aid U.S. (Continued from page 1) been leveled at the motion picture in- dustry by political critics and others, Wanger pointed to the film, "Escape," which appeared first as a novel in the Saturday Evening Post, and yet that magazine was not accused of war mongering but when it was produced as a film, the industry was censured. He cited also the fact that of 342 major films released during the year only 10 dealt with propaganda sub- jects. "Motion pictures cannot ignore the challenge of the crisis today," he declared. "National defense must be an all-out, 100 per cent effort or fall." Miss Russell advocated eliminating messages and propaganda from fea- ture films. "The theatre is an art," she said. "Let us serve it as such and espe- cially serve the nation." Form Radio Company Hartford, Conn., Feb. 27. — The Torrington Broadcasting Co., Inc., has been formed here, with the fol- lowing officers : Joseph R. Schifini, president and agent ; Joseph A. Cic- cagalione, vice-president ; Gerardo T. Schifini, treasurer, and Carmela S. Ciccagalione, secretary. TOEW'S' AWARD for 1941 new mark of merit! 1 IOEw's launches in 1941 a new service J for moviegoers ! Each year the lead- ing critics of the nation select the "ten best" pictures of the year. Unfortunately, that choice is made TOO LATE to fur- nish a guide to you ticket-buyers. Loew's modestly and with great sin- cerity, proposes to pick its own "ten best" as the passing parade of pictures goes by. These selections will be made in time for you to see and enjoy them. In 1940, Loew's showed six out of the year's "ten best": Rebecca, Foreign Cor- respondent, Boom Town, Northwest Pas- sage, Our Town and The Mortal Storm. For 1941 we have created a "Loew Award" for those pictures we can hon- estly predict will be among the year's "ten best". There will be many other fine, entertaining pictures shown during this year which may, in your opinion, deserve equal recognition. Your personal com- ments or letters praising or criticising our selections will be welcomed. As our first "Mark of Merit" picture for 1941 we choose CHEERS FOR MISS BISHOP — and, in addition, we predict that the performance of Martha Scott will be con- sidered for the 1941 Academy Award. RICHARD A. ROWLAND present, MISS BISHOP with MARTHA SCOTT • WILLIAM GARGAN EDMUND GWENN and introducing MARY ANDERSON RELEASED THRU UNITED ARTISTS -plus. Richard A. Rowland's CHEERS MISS BISHOP Released thru UNITED ARTISTS Friday, February 28, 1941 Motion Picture daily 9 Feature Reviews "Footsteps in the Dark9* (Warners) \ NEAT combination of smart comedy and a real murder mystery, this is spotted and spiced with laughs and well-paced action to provide a lively item of general audience entertainment. Errol Flynn, in a role somewhat different from those he has handled recently, is in fine fettle as the wealthy young married man wdiose double life has for its second half the writing of smart fiction under an assumed name, combined with a taste for amateur sleuthing which tosses him squarely in the middle of a pair of murders. Offering capable support are Brenda Marshall, as Flynn's wife ; Ralph Bellamy, as a dentist whom Flynn proves to be the key to the puzzle; Alan Hale, as the police inspector and friend of Flynn ; Lee Patrick, blonde burlesque dancer who is one of the victims ; Allen Jenkins, as the Flynn chauffeur and confidant, and Lucile Watson, as Flynn's too- knowing mother-in-law. Lloyd Bacon, in his direction, gave the film pace and a light touch, in the adaptation of a plav bv Lazlo Fodor, Bernard Merivale and Jef- frey Dell. The title is in a sense somewhat misleading, since it connotes a dire and melodramatic chill story. It is true that the film has murder and mystery and excitement, but actually the title is that of a book written by Flynn, which arouses the ire of his mother-in-law. On the way to solving the murders which baffle the police, and which involve a jewel ring, Flynn runs into a series of adventures, not the least of which involves keeping his wife in the dark concerning his secondary life, and then evading her persistent demands for an explana- tion when she gets wind of the fact that her loving husband is too busy at "directors' " meetings into the late hours of the night. Running time, 96 minutes. "G." * Charles S. Aaronson. "The Great Train Robbery" (Republic) XT O relation to the film of the same name produced by the Edison Company some 38 years ago, "The Great Train Robbery" is a bang-up, action-full outdoor drama with a novel touch. Starting with a short sequence in which a crack train carrying a gold shipment com- pletely disappears from the tracks, the camera reverts to a period five hours before the disappearance and reconstructs the event. There are several chases with locomotives and automobiles, gun fights and "free-for-alls." Bob Steele, a railroad detective, is assigned to convoy the gold shipment while his brother, Milburn Stone, plots to hold it up. Stone's gang succeeds in overpowering the engine crew and in running the train off on a spur into an unused mine. The rail- road officials looking for the train are misled by a phonograph record of a train's noises which lead them to believe that the train had passed a definite point before being switched off. Claire Carleton is the girl who is loved by both brothers and Helen MacKellar plays the role of their mother. Joseph Kane produced and directed. Running time, 61 minutes. "G."* Edward Greif Lent Sends BVay Business Down After Good Week Broadway is already feeling the ef- fects of Lent. First run houses re- ported business was especially off on Ash Wednesday, the start of the Lent, which will continue until Easter. X':=it was some improvement yester- cl, 'P/owever. s- Up to the start of Lent, most the- atres had a good week, with the Washington's Birthday business last Saturday. The outstanding attraction was "To- bacco Road," which with a stage show grossed an estimated $56,000 at the Koxy in its first week. "Strawberry Blonde" and Raymond Scott's orches- tra at the Strand also is going strong, having finished its first week with an estimated $48,000. It is expected to play three weeks. Two new films opened yesterday, "So Ends Our Night" at the Radio City Music Hall and "Come Live With Me" at the Capitol. "Mr. and Mrs. Smith" did about $82,000 in its week run at the Music Hall with a stage show. At the Capitol, "Go West" drew about $28,700 for the week. "Night Train" completes its ninth week at the Globe tonight with an es- timated $7,500 expected. It will con- tinue. 'Philadelphia Story* $10,000 in Cleveland Cleveland, Feb. 27. — "Philadelphia Story" at the Stillman drew $10,000 in the second week. The annual Grotto Circus and heavy snow kept most of the other earnings down. Estimated takings for the week end- ing Feb. 20 : "Mr. and Mrs. Smith" (RKO) ALLEN — (3,000) (33c-39c-47c) 7 days, 2nd week. Gross: $6,000. (Average, $4,000.) "Western Union" (20th- Fox) WARNERS' HIPPODROME— (3,800) 33c- 39c:47c) 7 days. Gross: $10,000. (Average, $11,000) "Hudson's Bay" (20th-Fox) RKO PALACE— (3,100) (33c-47c-55c). Joe Venuti, Andrews Sisters on stage, 7 days. Gross: $15,000. (Average, $13,500) "So Ends Our Night" (U. A.) LOEWS STATE— (3,500) (33c-39c-47c) 7 days. Gross: $8,500. (Average, $11,000) "Philadelphia Story" (M-G-M) LOEWS STILLMAN— (1,900) (33c-47c- 55c) 7 days, 2nd week. Gross: $10,000. (Av- erage, $4,000) Mexican Bill Seeks Federal Censorship Mexico City, Feb. 27.— The Minis- try of the Interior is to have sole charge of supervising and censoring pictures, under a bill presented to Congress which demands that this function be removed from the Mexico City Government. This centralized censoring is pleasing to the industry. The bill provides charges of $1.10 for reviewing all pictures and 65 cents for Mexican films that are to be ex- ported, and allows the Ministry $8,000 to cover censoring and supervision ex- penses this year. It is expected that Congress will pass the bill soon. Building in Missouri St. Louis, Feb. 27.— J. P. Goshen, Sedalia, Mo., exhibitor, and the Com- monwealth Co. are building theatres in Waynesville, Mo. * "G" denotes general classification. 'Wrath* Chosen by Mexican Writers Mexico City, Feb. 27. — The Asso- ciation of Cinematographic Journalists of Mexico has named "The Grapes of Wrath" as the best foreign film ex- hibited in this country in 1940. Se- lected for second and third choices were "The Day Has Dawned," French film, and "Traidos de la Tierra" ("Tillers of the Soil"), Ar- gentine picture. The association has elected the fol- lowing officers : Roberto Cantu Rob- ert, president ; Thomas G. Perrin, vice-president ; Severo Corte, secre- tary, and Salvador Ortigoza, treas- urer. 3 Join Cinemasters Bert Wilson has been named chief cutter and editor ; John E. Graham, assistant director and casting head, and Don Malkames, chief cameraman for Arthur Leonard and Dick Hy- land's Cinemasters, Inc. Stanley Mortgages 25 Jersey Houses The Stanley Co. of America has received a mortgage on 25 New Jer- sey theatres from the Connecticut Mutual Life Insurance Co. A blanket mortgage, it was filed with the regis- ter in each county in which the Stan- ley Co. has a theatre. The loan is for 15 years, expiring Feb. 15, 1956. Securing the mortgage are theatres in the following New Jersey counties : Essex, Hudson, Union, Bergen, Morris, Passaic and Atlantic. Set 'Cavalcade' Deals Jeffrey Picture Corp. has closed distribution deals on "Cavalcade of Faith" with Charles Lalumiere for Canada and Lester P. Sussman for Central America. Jeffrey plans a fea- ture with a Canadian background, and six color shorts in French, Spanish and English. Urge British Gov't to Assist In Production By AUBREY FLANAGAN London, Feb. 27.— The British Films Council, in a discussion of the entire English film problem, with particular attention to pro- duction, decided to advise the Pres- ident of the Board of Trade that the most constructive policy under the circumstances is to assist Brit- ish production. Such assistance, it will be recommended, should take the form of obtaining releases, se- curing studio space, man-pow- er and material supplies, and to encourage the financing of new production. It was agreed that this method of procedure in view of the short- age of product which has alarmed exhibitors, is better than a reduc- tion of the exhibitors quota to 15 per cent, which was sought by the Cinematograph Exhibitors Asso- ciation, but opposed strenuously by producers and labor interests. Nevertheless, it is understood that certain interests in the Films Council favor the abolition or sus- pension of the quota during the period of the war, as the only method which may be pursued suc- seccfullv. The recommendations of the Films Council, along the lines in- dicated, are expected to be pre- sented to Oliver Lyttleton, presi- dent of the Board of Trade, to- morrow, for his guidance in the recommendation of future legisla- tion affecting the film industry in England. The London and Home Counties Branch of the C.E.A. decided to- day to adopt, with the approval of various local authorities, new clos- ing hours of 10 and 11 P.M., in accordance with blackout regula- tions. The decision of the C.E.A. branch confirms the forecast of such action published recently in Motion Picture Daily. The branch also decided to go ahead with the plan to approach Government authorities with a plea for reduction or elimination of the charity tax assessed only on film houses for Sunday opening. Stars to Frisco for 'Girl, Gob* Opening Hollywood, Feb. 27. — Harold Lloyd, producer of "A Girl, a Guy and a Gob," RKO release, and stars Lucille Ball, George Murphy and Ed- mond O'Brien are going to San Fran- cisco for the Coast premiere of the film here on March 5 at the Golden Gate Theatre. Terry Turner, head of the RKO field exploitation staff, is in charge of the premiere festivities in San Francisco. 10 Motion Picture Daily Friday, February 28, 1941 U. S, Census Bureau Reports on Industry U. S. Producers Expended $144, 577, 050 During 1 939 Washington, Feb. 27. — American producers in 1939 expended $144,- 577,050 on the production of 520 theatrical features, including 27 in color, and an undetermined number of shorts, numbering more than 2,000, of which 125 were in color, it was disclosed in preliminary Census Bureau figures released tonight. The total expenditure for the pro- duction of pictures, including theat ricals, advertising, educational, indus- trial, news and all others, was $215,- 664,929, a new all-time high compar- ing with $197,741,358 in 1937 and $161,864,842 in 1935, the bureau re- ported. Bureau officials commented that the figures show that in less than 20 years the outlay for the making of films has practically trebled over the $77,000,000 reported for 1921. The preliminary report showed a total of 178 establishments engaged in the production of pictures in 1939, against 83 in 1937 and 129 in 1935. Less than 60 per cent of the establish- ments were located in California, but they spent approximately 85 per cent of the industry's total. The bulk of the expenditure for production was reported for Califor- nia, although only little more than half of the total number of studios were located in that state, it was shown. There were 93 studios in the coast state with a total outlay for work of $186,848,971, compared with 35 stu- dios with an outlay of $171,943,349 in 1937 and 75 studios with an outlay of $138,706,805 in 1935. These establish- ments employed 8,690 salaried officers and employes and 21,573 wage earners in 1939 compared with 11,222 salaried and 16,970 wage employes in 1937 and 10,308 salaried and 12,970 wage workers in 1935. Total salary and wage payments were $130,981,076 in 1939 against $132,914,402 in 1937 and $97,913,864 in 1935. The report disclosed that 65 studios expending a total of $95,320,051 were located in the city of Los Angeles and 23 with an outlay of $91,448,650 in Los Angeles county outside the city. For the first time the bureau reported studios in the San Francisco area — five with a total outlay of S80.270. There were 43 studios in New York with a total outlay of $18,059,670, it was reported, against 21 with an out- lay of $16,377,532 in 1937 and 24 with expenditures of $15,947,072 in 1935. They employed 577 salaried and 1,268 wage earners in 1939 against 1,421 salaried and 1,462 wage earners in 1937 and 2,031 salaried and 1,209 wage workers in 1935 ; total salary and wage payments were $4,874,802 in 1939 against $4,516,725 in 1937 and $4,953,049 in 1935. Illinois reported nine establishments with an outlay of $499,152. in 1939; Michigan five with an outlay of $1,- 765,472 and Missouri five with an outlay of $166,876. The number of establishments in all other states was 23 and their aggregate expenditure was $8,324,788; this number included two establishments each in Colorado, Florida, Georgia, Louisiana, Massa- chusetts, Minnesota, New Jersey, Ohio and Pennsylvania, and one each in Iowa, Maryland, Washington, Tex- as and Wisconsin. Theatres $4.75 for $1 of Producing Cost Washington, Feb. 27.— Film theatres in the United States in 1939 took in nearly $4.75 for every $1 expended on the- atrical film production, ac- cording to the report of the Census Bureau. While the intake for theatres was $673,- 045,000, the producers spent $144,577,050. Hearing Monday in Phila. Trust Action Philadelphia, Feb. 27. — Federal Judge George A. Welsh in District Court on Monday will hear argument on a petition to subpoena records in the anti-trust suit of Harrison Bros., operators of the suburban Lansdowne Theatre, against the Warner Circuit and the major distributors. Harry Norman Ball, Harrison's at- torney, gave notice of his intention to examine before trial certain of the defendants' employes and seeks the subpoena files. The suit, seeking $210,000 triple damages and involving the clearance of films in the sub- urban section, was filed in November, 1939. It is tentatively set for hearing- April 21, contingent on William A. Schnader, counsel for the distribu- tors, being free of other assignments to try this case. Morris Wolf will represent Warners. Third Arbitration Plea Is Filed Here The third demand for arbitration to be filed in New York and the 16th for the entire country since the open- ing of the 31 local boards on Feb. 1 was filed here yesterday. The complaint was brought by Jack Davis, president of Monseigneur En- terprises, operator of the Forum at Metuchen, N. J., against all five con- senting distribution companies. The complaint sets forth that Metuchen is obliged to follow Plainfield, N. J., on all releases and asks an arbitration decision finding this clearance unrea- sonable and an award permitting Me- tuchen to play day and date with Plainfield. Three theatres in the latter city, the Paramount, Oxford and Strand, are cited by Davis as involved in his com- plaint. Crescent Dismissal Motion Is Denied (.Continued from page 1) trict court here. Judge Davies had the motion under consideration since. Similar motions made by the Little Three in the Oklahoma City and Buf- falo anti-trust suits previously were denied from the bench on the close of argument. Judge Davies also overruled all but two objections made bv the Crescent Co. and affiliated exhibitor defendants to the Government's interrogatories addressed to them. 'U' Stock Purchase Reported by S. E. C. Washington, Feb. 27. — Acquisition by two Universal Corp. officials of 500 common voting trust certificates in that company constituted the only film stock transaction reported to- night by the Securities and Exchange Commission in its final December summary. The SEC report showed that Pres- ton Davie, director, acquired 400 cer- tificates, giving him a total of 3,000 at the close of the month, and Pey- ton Gibson, secretary, acquired 100, giving him a total of 1,400. The Uni- versal Corp. report showed also that Standard Capital Co. held 26,500 vot- ing trust certificates and 111,283 vot- ing trust certificate warrants at the close of the year. Union Meeting Today Hollywood, Feb. 27. — The meeting of the I.A.T.S.E. locals' business rep- resentatives with Pat Casey, produc- ers' labor contact, relative to the pro- ducers' stand on wage scales and working conditions, has been post- poned from today to tomorrow. Republic Regional Held in Kansas City Kansas City, Feb. 27. — Republic's Midwest sales session, second of a se- ries of five regional meetings, opened at the Muehlebach Hotel here today with James R. Grainger, president, in charge. H. J. Yates is attending. Today's session was devoted to con- sidering pictures to be released dur- ing the remainder of the current sea- son. Grainger reported that 30 of the season's 58 features and shorts have been delivered and the balance of the program will be released before Aug. 10. The closing session tomorrow will be devoted to a discussion of product planned for next season. Among those attending the meeting- are : R. F. Withers, Kansas City ; Gil- bert Nathanson, Minneapolis; Sol Davis, Oklahoma City; Lloyd Rust, Dallas; Nat Steinberg. St. Louis; F. R. Moran, Des Moines, and C. R. Reese, Omaha. Grainger and Yates are scheduled to leave here for Atlanta tomorrow night, where they will conduct the Southern sales meeting next Monday and Tuesday. Producer Salaries $139,077,063 in '39 Washington, Feb. 27.— Total expenditures by producers for salaries and wages in 1939 J was $139,077,063, as compared^ with $139,551,338 in 1937 andC $104,429,588 in 1935, the Cen- sus Bureau reported today. The drop in 1939 was in salary payments, to $93,341,- 137 from $102,393,327, but the average salary was much higher than in 1935, when salaries totaled only $79,429,- 588 for one-third more per- sons than were employed in 1939. Wage payments in 1939 were at a new high, $45,735,- 926 against $37,157,753 in 1937 and $24,686,405 in 1935. 33,687 Employed In Studios in '39 Washington, Feb. 27. — The Census Bureau reported tonight that 33,687 persons were engaged in film studios in 1939 against 32,398 in 1937 and 27,- 592 in 1935 ; the salaried officers and employes numbered but 9,635 in 1939, however, compared with 13,060 in 1937 and 12,675 in 1935, while the average number of wage earners was 24.052 persons against 19,338 and 14,917 in 1937 and 1935, respectively. The bureau disclosed that the cost of studio supplies, containers for films, fuel and energy in 1939 ran to $43,- 051,733 compared with $35,574,879 in 1937 and $29,541,118 in 1935; the cost of contract work was $3,644,889 against $7,012,657 in 1937 and $5,144,- 976 in 1935, and other expenses were $29,891,244 against $15,602,742 two years earlier and $22,749,60 in 1935. $4f035f493 Exposed Film Exported in 1940 Washington, Feb. 27. — Exposed film led the list of motion picture ex- ports for the year 1940, as compiled by the Department of Commerce, with 189,321,259 linear feet valued at $4,035,493. One inch or more in width, positive, was reported at 74,129,985 linear feet valued at $683,839 and negative, 20,- 454.288 linear feet valued at $514,372. Negative (exposed or exposed and developed), features (4,000 linear feet or over) were reported at 7,562,099 linear feet valued at $321,755. Others (less than 4,000 linear feet) included newsreels at 274,397 linear feet valued at $10,125 and other short reels, etc., at 2,014,976 linear feet valued at $88,- 572. Under positive films, features (4,000 feet or over) were reported at 141,413.331 linear feet valued at $2,745,173 and less than 4,000 linear feet ; newsreels, 6,830,055 linear feet valued at $123,357 with' other shorts. 31,226,401 linear feet valued at S746,- 511. for RICHARDSON 1- pWlflt:!. TO'V^ POSTPAID Second Revision Sixth Edition Trouble -Shooting Charts Alphabetical In dex System 700 Pages of up- to-the-minute data that every projec- tionist needs! THE REVISED BLUEBOOK MOST ADVANCED MANUAL ON MODERN SOUND REPRO- DUCTION AND PROJECTION The newly revised Bluebook does a threefold job: (1) it gives a detailed description of the construction, wiring and functioning of every piece of sound and pro- jection apparatus used in a modern projection room. (2) It gives careful instructions on the operation and maintenance of this equipment. (3) It is a quick and effective trouble-shooter with sound trouble-shooting charts that enable the projectionist to spot and repair sudden breakdowns both in the projection and sound apparatus. The new edition is handy to keep and handy to use, with an alphabetical index system for quick, easy reference. You will find the revised Bluebook the most complete treatise of its kind and a sure solution to every projection problem. ORDER THE BLUEBOOK NOW QUICLEY BOOKSHOP ROCKEFELLER CENTER, NEW YORK, N.Y. 12 Motion Picture Daily Friday, February 28, 1941 Theatre Changes Takes Canadian House Toronto, Feb. 27.— The McCarthy Theatre in the boom town of Belle- ville Ont, has been taken over by 20th Century Theatres, Ltd., Toronto, thus completing the circle of circuit houses in that city. Vincent Freeman will continue in the management of the theatre. The Midtown Theatre, Toronto, will be opened by 20th Century The- atres on March 15. This was for- merly the Madison, which was ac- quired from the Brady Estate last Fall, and it has been rebuilt in the meantime. Installs New Equipment Spokane, Wash., Feb. 27.— The Granada Theatre has installed a new film projection system, an "acousti- cal" ceiling and a new screen. The house is operated by Howard Amuse- ment Co. Shift Evergreen Managers Spokane, Wash., Feb. 27.— James Keefe has returned to his post as as- sistant to City Manager E. W. Baker of the Evergreen Theatre, after a year's illness. Fred Hooper, assistant manager at the State, took over the same position at the Fox, and Mel Haberman, assistant manager at the Fox, took a similar job at the Or pheum. To Rebuild in Pittsburgh Pittsburgh, Feb. 27.— Harvard University, the landlord, will rebuild the Alvin Theatre for the Harris Amusement Co., General Manager John H. Harris of the circuit an- nounced. Closed since its roof col- lapsed last Fall, the Alvin was con- verted from a legitimate playhouse into a motion picture theatre five years ago when Harris took it over. Off the Antenna PARAMOUNT has arranged a promotion campaign for four forth- comino- films on Kate Smith's Friday evening hour over the CBS network Although Miss Smith generally uses film material for drama- tizations on her programs, Paramount's tieup is believed unique because it calls for promotion on four successive Fridays, beginning March Z8. The films will be "Road to Zanzibar," "The Roundup, 'I Wanted Wings" and "Reaching for the Sun." Each show will be preceded by announcements on Miss Smith's noonday programs. • • • Purely Personal: Raymond Paige will be guest on "So You Think You Know Music" over NBC-Red Tuesday. . . . Max Jordan, NBC foreign supervisor, and William C. Kerker, Berlin representative, ar- rived yesterday on the Siboney. Program News: Perm Tobacco has renewed Parks Johnson and Wally Butterworth on "Vox Pop" for an additional 13 ffa'*™': : • Andrew Jergens Co. has renewed "Jergens Journal' with W alter W inch ell and "The Parker Family" over NBC-Blue for 13 weeks. . . . The Elmer Davis news program heard nightly 8:55-9 P.M. over CBS will be sponsored daily except Sundays beginning next week when Chryshr Co. takes over the Monday Wednesday, Thursday and Saturday spots. Gillette Safety ^ Kasor Co. is- 'the sponsor Tuesdays and Fridays. . . . WHN wll start a f^ow with all questions directed to material from the Bible Sunday at 5 P.M Dr Frank Kingdon will conduct the* quiz and Cresthaven Memorial Park wilt sponsor. FCC Releases Proposed Television Regulations Blumenfeld Seeks House San Francisco, Feb. 27.— Joe Blu- menfeld, local theatre operator, is ne- gotiating for purchase of the Or- pheum Theatre here, now operated by Fanchon & Marco under the manage- ment of Hal Neides. May Ask Wis. Vote On Daylight Saving Madison, Wis., Feb. 27.— Although the Wisconsin Senate defeated by 16 to 13 the Murray bill to permit local option on Daylight Saving Time, Senator Milton T. Murray, author of the measure, declared he may present a joint resolution for a statewide ref- erendum on the question. Washington, Feb. 27.— Prepara- tory to the March 20 hearing on com- mercialization and standards for tele- vision, the FCC today released a set of proposed rules. These rules cover both experimental and commercial television stations and are intended for study by interested parties prior to the hearing. The commission asked for sugges- tions as to the best date for the start of commercial television and^ also whether standards shall be applied to the higher frequency channels, Nos. 8-18 inclusive, or whether these up- per channels should be left open as at present. Interested parties are asked to sug- gest alternative rules and regulations Tf they find the proposals set forth to- day inferior. Among the rules sug- gested today were provisions to pre- vent undesirable single ownership of many stations ; provisions requiring commercial stations to operate a mini- mum of five to eight hours a day, and a requirement that all motion picture films used during a telecast must be preceded by an announcement that film is being used. The hearing is expected to center around the questions of lines and frames, flexible or fixed standards, re lationship of television to national de fense, use of frequencv modulation for the sound channel, color and synchro nization of signals. Chaplin Fights Tax Claim Los Angeles, Feb. 27.— Charlie Chaplin, appearing in Federal Court here yesterday to answer a Govern- ment "claim that he owes $65,000 more taxes on his 1935 income, contended he is entitled to a $25,000 refund. He said he was unjustly taxed on receipts from United Artists Corp., which he claimed were returns on an invest- ment, and not income. KIRO, Seattle, to Boost Power July 1 CBS disclosed yesterday that KIRO, Seattle, will increase its power from 1,000 watts to 50,000 on July 1 when a new transmitter now under con- struction on an island in Puget Sound is expected to be completed. It will be the first top power station in the Pacific Northwest. CBS said. The station will continue on the 710 k.c. frequency. Basic rate per evening hour will be increased from $225 to $325. Del. Blue Law Repeal Favorably Reported Dover, Del., Feb. 27.— The Revised Statutes Committee of the Delaware House today favorably reported Sena- tor Paul R. Rinard's bill to repeal the state's 200-year-old Sunday Blue Laws. The fact that the measure was re- ported out of committee in the midst of the rush of introduction of new bills and also in the face of a Demo- cratic threat to delay action this week on measures requiring a majority vote, led many to believe the Sunday bill will be called for final action to- morrow. The bill, which would substitute the present Blue Law with a measure whereby incorporated towns and cities can govern their own Sunday observ- ance, was passed by the Senate 14 to 3 two weeks ago. Radio Objects To Portions of Ascap Decree {Continued from page 1) gave no indication whether it would accept the Ascap decree as binding upon itself. Under the terms A* \V BMI decree, it does not go into^£ .ct; until Ascap has been bound by a simi- lar decree. BMI has 20 days after receipt of a certified copy of the Ascap decree to state whether it regards it- self as bound. In music circles it is believed that BMI may ask several modifications in view of the Ascap set tlement. Meanwhile, John G. Paine, Ascap general manager, said yesterday that Ascap will concentrate its first effort on reorganizing its office routine a soon as the consent decree its ap proved. He pointed out that many re arrangements will be necessary unde the decree terms and the operation of the 38 field offices will have to be revised. Paine's statement was made in an swer to a question concerning th length of time Ascap would require t comply with the radio broadcaster; demand that Ascap submit a new pro- posed contract based on "per program" licensing. It was explained that Ascap's re- cently appointed negotiating commit- tee was meeting almost daily but it; sessions are exploratory in nature Paine said the committee will arri\ at definite formulae to be followed in the negotiations after the decree is approved, and probably not for some- time thereafter. Paine reiterated^ that the society was completely satisfied with the decree but pointed out that it would be necessary to study it for legal aspects before drafting any con- tracts or arranging for new office practices. New Maine Station Approved by FCC Washington, Feb. 27.— The Fed- eral Communications Commission has issued a construction permit to the Lewiston Broadcasting Co. for a new 1,500-kilocycle, 250-watt station at Lewiston, Pa., and authorized Station WMBG, Richmond, Va., to increase night power from 1,000 to 5,000 watts. Hearings were ordered held on the applications of Federated Publica- tions, Inc., for construction permits for new FM stations at Grand Rapids, Battle Creek and Lansing, Mich. Wis. Invites MacMurray Madison, Wis., Feb. 27.— The Wis- consin legislature today adopted a joint resolution inviting Fred Mac- Murray to Madison on March 13 for the showing of "Virginia," Paramount film. He attended high school here. Buck Expresses Hope For Early Radio Pact Hollywood, Feb. 27. — Hope thai Ascap may begin negotiations witl broadcasters immediately on a new licensing agreement was expressec1 here today by Gene Buck, Ascap pres- ident. Buck came here to explain provisions of the society's decree tc its West Coast members, who subse quently endorsed the decree unani mously. He will leave for New York this weekend. Ascap Wins Suit on Austrian Royalties N. Y. Supreme Court Justice Aroi Steuer yesterday dismissed the com plaint of four former members of A K. M., Austrian affiliate of ASCAP against ASCAP for $57,994. Th< plaintiffs had secured a judgmen against A. K. M. in New York foi $99,658, and sought to collect $57.99 which they claimed ASCAP ow« A. K. M. ASCAP's answer denicc the indebtedness, and claimed that tin judgment secured against A. K. ~M was void because the court had n< jurisdiction. Alert, to the Picture Industry tion MOTION PICTURE DAILY First In and Impartial )L. 49. NO. 42 NEW YORK, U.S.A., MONDAY, MARCH 3, 1941 TEN CENTS British Money Split Decided On 1940 Basis Arbitrator Puts Formula On Gross Business An arbitration decision favoring | the British currency distribution method advocated by seven major companies over that proposed by Loew's has been handed down by Milton J. Handler, attorney and •i Columbia University professor, who served as arbitrator for the companies. As a result of the decision, the allocation of the $12,900,000 which may be withdrawn by the eight companies from Lon- don this year will be on the same basis as last year. Loew's had advocated withdrawals on the basis of the net rather than the average gross busi- ness in Great Britain. The arbitrator's decision can not be appealed. A decision in Loew's favor might have meant a difference of $1,000,000 {Continued on page 6) Nathanson Reported Forming New Circuit In Canadian Cities Catholic Charities Drive Starts Today The annual campaign of the motion picture industry committee of the Catholic Charities of the Archdiocese of New York will get under way to- dav, it was announced over the week- end by John J. O'Connor, vice-presi- dent and general manager of RKO Theatres, who is chairman of the in- dustry committee. The drive is for the purpose of raising funds toward the support of more than 200 charitable institutions. It is the 22nd annual appeal of the Archbishop's Committee of the Laity, (Continued on page 6) Toronto, March 2. — A new Cana- dian theatre circuit is in formation, reputedly with N. L. Nathanson, whose contract with Paramount as head of the Famous Players Canadian Circuit expires in June, at its head, it was learned here today. The name of Jeffrey Bernerd, for- merly of the Gaumont-British Circuit in England, is also linked with the new circuit, although it could not be as- certained definitely whether Bernerd is directly interested, financially or otherwise. He was a recent visitor here and conferred extensively at the time with Nathanson and associates. [N. L. Nathanson, before leav- ing New York for Canada over the weekend, declared that the reports that he was acquiring theatres to develop a new cir- cuit in Canada are untrue.] The new circuit, known as Odeon Theatres of Canada, Ltd., already has acquired 12 theatres in Western Can- ada, including the Plaza and Paradise in Vancouver from R. J. Dawson, in- dependent operator ; one in Toronto, and has the Odeon under construction at Kingston, Ont. Paul Nathanson, son of the Famous Players Canadian head, and Oscar Hanson, well known theatre and dis- (Continued on page 6) Kent Scheduled to Go to Coast Soon Sidney R. Kent, president of 20th s Century-Fox, is scheduled to leave for the Coast within two weeks to resume conferences on the 1941-'42 production program which were started at the studio several weeks ago. Also attending the meeting will be Herman Wobber, general manager of distribution, and Charles E. Mc- Carthy, director of advertising and publicity. Canada Will Have 5% Tax on Tickets Toronto, March 2.— Canada's Federal Government on April 1 will institute an amusement tax of five per cent on ad- mission tickets, the industry learned over the weekend. Exhibitors will pay the tax on monthly box-office reports without the use of tax tickets. This will be in addition to the tax now levied by the pro- vincial governments, except- ing Ontario. The Federal tax is expected to bring $2,000,000 or more a year. A.F.M. toFace U. S. Inquiry Washington, March 2. — A Fed- eral grand jury shortly will be con- vened to investigate charges against the American Federation of Mu- sicians, booking agencies and the con- cert bureaus of major networks, the Department of Justice announced Fri- day. The announcement came partly as a result of the efforts of James C. Petrillo, A. F. M. president, to com- pel all instrumentalists now members of the American Guild of Musical (Continued on page 8) Film Program on Defense Shown at Camp Bowie, Tex. By HARRY McCORMICK Dallas, March 2. — A film program in connection with a talk on "Na- tional Defense and the Motion Pic- ture Industry" was presented to high- ranking officers at the Army Tent Theatre, Camp Bowie, Brownwood, Tex., by Richard Stout, attorney for Interstate Circuit, Inc., and Texas Consolidated Theatres, Inc. With the cooperation of Sol Sachs, manager of the RKO exchange in Dallas, Stout obtained a print of "Britain's R.A.F.," March of Time release, at the request of Major Au- brey W. Schofield, commanding offi- cer of the 111th Observation Squad- ron of the 36th Division. For showing to the officers and men of the 111th Observation Squadron, Stout then built up a "National De- fense Aviation Program," with the aid of RKO and Warners. He used the Time reel, "Service With the Col- ors," "Air Army" and "London Can Take It." Major General Claud V. Birkhead, commanding general of the 36th Di- vision and Camp Bowie, was present at the showing with his entire staff. Stout preceded the showing with a 10-minute talk on the role of the in- dustry in the national defense pro- gram. He emphasized the work of the Motion Picture Committee Co- operating for National Defense. "All branches of the industry are fully mobilized to back up the armed for- ces," Stout said. General Birkhead in reply praised the program, which he described as "a pioneer effort in the important field of visual education for the army." He lauded Karl Hoblitzelle and R. J. O'Donnell, president and vice-presi- dent, respectively, of the circuits, for their cooperation in the national de- fense mobilization in Texas. Great Majority Of Arbitration On Clearance Practice in Dispute in 14 Of 17 Cases Fourteen of the 17 complaints filed to date under the industry's arbitration system are on clearance. During the first month of operation of the new tribunals, which ended Friday, only 10 of the 31 boards had received complaints for ad- justment. No affiliated circuit theatre has been named in any of the complaints on file. New York and Washington, each with three cases, lead in number. Boston, Chicago, and Detroit each have two complaints on file. Five boards in Denver, Milwaukee, New Orleans, Cleveland and Dallas each have one case. Though complaints on clearance predominate, an award on this type of dispute cannot be made effective during the life of existing contracts or even later if material changes oc- (Continued on page 6) , 16 Single Feature Dates Set on 'Doe' Sixteen special key city single-bill engagements have been set by War- ners on the Capra-Riskin film, "Meet John Doe," which Warners is releas- ing, it was determined following con- ferences between Gradwell L. Sears, Warners general sales manager, and Robert Riskin. Contracts for all playdates on the film call for single bill engagements, (Continued on page 6) Rodger s to Address Ampa on Thursday William F. Rodgers, general sales manager of M-G-M, will be the speaker at the Ampa luncheon meet- ing Thursday at the Hotel Edison. He is expected to speak on the role of the advertising and publicity men in the industry. In Today's Issue "A Girl, a Guy and a Gob" is reviewed on Page 5. Critics' Quotes of new pictures on Page 6. 2 Motion Picture Daily Monday, March 3, 1941 Personal Mention 'Night in Rio' Roxy Premiere March 13 "That Night in Rio," 20th Century-Fox musical in color starring Alice Faye and Don Ameche, will be given a world premiere at the Roxy on Broadway on March 13, it was disclosed over the weekend by Herman Wobber, the com- pany's sales chief. The film will be given a general re- lease as an Easter week at- traction around the country. An extensive advertising and exploitation campaign, includ- ing radio, is being prepared under Charles E. McCarthy's direction. Para. Sets Up Sales Division for Shorts Oscar A. Morgan, Paramount gen- eral sales manager for short subjects and newsreels, has created a separate sales organization for these divisions. There will be 10 district sales rep- resentatives, all under Morgan's di- rect supervision. Eight of these al- ready have been appointed and re- maining two will be announced shortly. Those already set are : Richard Scheinbaum, Chicago ; J. J. Curry, Los Angeles ; James Harris, Boston; Edward Ugast, New York; Charles Duer, Denver ; Harry Dodge, Atlanta ; Saul Jacobs, Philadelphia, and Max Stahl, Cleveland. Yet to be named are representatives in Dallas and Kansas City. Harley Returning To Post in London Francis L. Harley, managing direc- tor in Great Britain for 20th Century- Fox, will leave today on the Siboney for his London post. He arrived here several weeks ago on a visit and spent some time on the Coast where he con- ferred with officials at the studio on forthcoming films. Parry, Farnol on 'Wings' David Parry, special writer for Donahue & Coe, has been loaned by the agency for special work on Para- mount's "I Wanted Wings," road- show engagements. He will work with Lynn Farnol, who has been employed by Neil Agnew, vice-presi- dent in charge of distribution, to do publicity on the film's roadshows. Farnol formerly was director of ad- vertising and publicity of United Artists. He was in Washington on Saturday with Robert Gillham, Para- mount advertising and publicity director. Named 'V Manager Indianapolis, March 2. — Hadley H. Hull, acting manager of the Uni- versal branch here for nine months, has been named manager. (SAFETY-SERVICE-CONVEN HENCE | J Here, you are certain to get the exact In- I I gradients your physician prescribes, accurately i I' compounded. We maintain extensive stocks of I domestic and foreign preparations, and they're J moderately . priced. International Pharmacy, Inc. | Complete Drug, Prescription and Cosmetie Depts. 1 36 W. 51st St. CI. 6-0575 50 Rockefeller PI. " ALEXANDER KORDA left by . plane for the Coast over the weekend. • Maurice Silverstone, chief of United Artists world-wide operations, arrives today from the Coast. • Gene Buck, Ascap president, re- turned from Hollywood over the weekend. J. Carlo Bavetta, 20th Century- Fox managing director in Brazil, is en route to his Rio de Janeiro head- quarters from New York. • A. M. Van Dyke, 20th Century- Fox salesman in Chicago, has been presented a watch by the Reel Fel- lows Club, of which he is secretary, in recognition of his services. • Phil Engel, Warner Eastern dis- trict exploiteer, is in Buffalo. • George J. Feinberg, who was in- jured in the airplane crash near At- lanta on Thursday, will be in the Piedmont Hospital, Atlanta, for about a week. Charles Richardson Dead; Was Trustee Bryn Mawr, Pa., March 2. — Charles E. Richardson, former treas- urer for RKO, former trustee of Paramount-Publix, and former vice- president and treasurer of the old Fox company, died at his home here on Thursday. He is survived by his widow, Philippa Q. Richardson. He resigned in May, 1933, from the Fox Film post to become Paramount trustee. He resigned as trustee in December, 1934, and was a Paramount director from the termination of the receiver- ship until January, 1936. Evanston in Drive Evanston, III., March 2. — A drive to eliminate double features in this suburb of Chicago has been launched by Mrs. Gordon S. Graham, president of the Better Films Council of Evans- ton. The council has started circulating petitions calling for a special election on the issue, asking the mayor and City Council to call a special election or submit the question of double fea- tures at the next general election. Mrs. Graham declared that a films council conducted poll showed 73 per cent in favor of single bills. She said the statutes provide for an expression of opinion by the voters on questions of public policy at any general or special election. Mrs. Grahan Graham said she had asked B. & K. to experiment with singles at one of their three Evans- ton houses, but was told that the cir- cuit could not change its established policy. City Attorney C. C. Jarvis has raised the question of whether the double bill problem comes within the province of "public policy." HARRY BUXBAUM, New York branch manager for 20th Cen- tury-Fox, leaves for a Miami vacation tomorrow. • Herman Starr, New Jersey branch manager for Skouras Theatres, is re- covering at the Murray Hill Hospi- tal here after an appendectomy. • Joseph J. Lee returned over the weekend from Miami. • Nate Sandler, Iowa exhibitor, has returned to Des Moines with Mrs. Sandler from a trip to California. • Lou Brown, Loew-Poli publicity head in New Haven, spent the week- end in Boston. • Lillian Blumberg of the 20th Century-Fox branch here has left to join her family in Florida. • F. R. Moran, Republic exchange manager at Des Moines, has returned there from Kansas City. • George Ware, 20th Century- Fox salesman in St. Louis, is ill at a local hospital. Eastman- Agfa Suit Discontinued Here Stipulation discontinuing the patent infringement suit of Eastman Kodak Co. against Agfa Ansco Corp. was filed on Friday in the U. S. District Court. The discontinuance is without prejudice to a renewal of the suit and without costs to either party. Eastman had sought an injunction, accounting and damages, claiming the defendant was infringing a patent for the manufacture of motion picture film. Agfa denied the charges and claimed that Eastman was seeking to set up a monopoly in the manufacture of films. on Dual Features Blue Laws9 Repeal Is Defeated in Del. Dover, Del., March 2. — State police were to have rigidly enforced Dela- ware's 200-year-old Sunday Blue Laws over this weekend, following the failure of the House of Repre- sentatives on Friday to pass the local option bill on Sunday observance. The measure, passed by the Sen- ate, was defeated in the House as a test vote indicated 21 in favor, three short of the necessary 24. Following a roll call, supporters of the bill changed their votes to nay, making the official count 35 opposed. The procedure was followed to restore the measure to the House calendar for another vote. Following a conference among State's Attorney General James Mor- ford, State Police Lieutenant Roger Elderkin and Police Chief Frank Ma- honey of Wilmington, Morford an- nounced : "The law must be enforced 100 per cent or not at all." Reynolds to Make 'London Can Give If Hollywood, March 2. — Intro- ducing Quentin Reynolds at the Academy of M. P. Arts awards banquet Thursday night, Frank Capra paid trib- ute to his "London Can Take It," adding the suggestion, "Now we want to see a pic- ture called 'London Can Give It,'" The next day Warners an- nounced commissioning Rey- nolds to return to England in three weeks to produce a short, "London Can Give It," which will depict R.A.F. oper- ations. Beattie Promoted by Paramount in Phila. Philadelphia, March 2. — George Beattie, Paramount salesman here, has been promoted to sales manager of the local exchange, succeeding Ulrik F. Smith, who became branch manager following the advancement of Earl W. Sweigert to district manager. William J. Heenan, branch manager of_ the Peerless Exchange here, has joined the Paramount sales staff, taking over Beattie's Wilkes-Barre and Scranton territory. In addition, Saul Jacobs of Paramount's foreign department has come here as short subject district sales supervisor. The Alotion Picture Associates will mark Beattie's promotion with a testimonial dinner on March 25 at the Germyn Hotel in Scranton. ' Wolf Premiere in Sonoma Warners plan a world premiere of "The Sea Wolf," from the Jack Lon- don story, at Sonoma, Cal., where the author wrote many of his books. The opening festivities will be sponsored by the Sonoma Chamber of Commerce and the Redwood Empire Association. RKO Department Moves The RKO home office advertising, publicity and exploitation department, headed by S. Barret McCormick, moved over the weekend from the 12th floor to new quarters on the 10th floor of the RKO Building. MOTION PICTURE DAILY (Registered U. S. Patent Office) Published daily except Saturday, Sunday and holidays by Quigley Publishing Company, Inc., 1270 Sixth Avenue, Rockefeller Center, New York City. Telephone Circle 7-3100. Cable address, "Quigpubco, New York." Mar- tin Quigley, Editor-in-Chief and Publisher; Colvin Brown, Vice-President and General Manager; Watterson R. Rothacker, Vice- President; Sam Shain, Editor; Alfred L. Finestone, Managing Editor; James A. Cron, Advertising Manager; Chicago Bureau. 624 South Michigan Avenue, C. B. O'Neill. Manager; Hollywood Bureau, Postal Union Life Building, William R. Weaver, Editor; Leon Friedman, Manager; London Bureau, 4 Golden Square, London Wl ; Hope Wil- liams, Manager, cable address "Quigpubco. London." All contents copyrighted 1941 by Quigley Publishing Company, Inc. Other Quigley publications: Motion Picture Herald, Better Theatres, International Motion Pic- ture Almanac and Fame. Entered as second class matter, Sept. 23, 1938. at the post office at New York, N. Y., under the act of March 3, 1879. Subscription rates per year $6 in the Americas and $12 foreign. Single copies 10c. irlwBirl i3i i i*j Directed bY !^ J»f <** Exe£.Pr»J Monday, March 3, 1941 Motion Picture Daily 5 Pittsburgh Houses Reject Games Ban Feature Review "A Girl, a Guy and a Gob" (RKO-Lloyd) TT AROLD LLOYD, this time as producer rather than actor, draws *• upon his extensive knowledge of. and experience in, comedy to furnish exhibitors with as satisfying a laughter-package in "A Girl, A Guy and A Gob" as has come from Hollywood in many a month. The picture has no other aim than to provide laughs. This it suc- ceeds in doing by methods so varied and unrelated, one to another, that chuckles or outright guffaws follow one upon another in quick suc- cession, or, after brief and infrequent periods of drought, burst in such floods that only the overtones are retained. Lloyd has returned for much of his formula to the comedy methods which made him one of the leading comedians of the screen. He has disdained sophistication, even for purposes of background, and ignored the subtle. His laughs and whatever breeds them are as obvious as the screen images. They are extracted from ludicrous situations, out- right slapstick, irresponsible and irrepressible — but likable — characters, and child-like adults and zaneys of the kind who enriched "You Can't Take It With You." The framework on which Lloyd has hung his generous outlay of amusing antics is simply the romance between the girl who loves the gob who loves the Navy more, and how, ultimately, she is presented by the gob to the guy who really loves her. The laughs are inherent in the characters and the situations which they create for themselves, rather than in plot or story, there being very little of either. The touch of true comedy is upon all characterizations and incident. All of it is played to the hilt by every member of the cast under the knowing direction of Richard Wallace. While the major chores fall to George Murphy as the gob, Lucille Ball as the girl, and Edmond O'Brien as the guy, others within the limits of their lesser roles are equally good. Especially is this true of George Cleveland as the father, Kathleen Howard as the mother, and Lloyd Corrigan as the brother. Good bits are added by Henry Travers, Doodles Weaver, Richard Lane and Franklin Pangborn. Despite its lack of marquee names in the cast, the picture can be readily sold wherever there is a market for comedy, a movie-goer in quest of laughs. It is an antidote for and a respite from the headlines of the day and the "experting" of radio commentators, and may be sold as such safely and truthfully. Minor fault might be found with the closing sequence which seems overlong in its development in contrast with the headlong pace of what precedes it. Running time, 92 minutes. "G." * Sherwix A. Kane. Encroaching Detroit, March 2. TROUBLES besetting the Wilson Theatre and its Mickey Mouse sign advertis- ing "Fantasia" were settled when the City Council de- cided to allow the sign pro- vided it was rebuilt of steel. The commissioner of build- ings reported it was of card- board and encroached two and one-half inches on city Pittsburgh, March 2. — Independent and circuit exhibitors alike have in- formally indicated that they will not voluntarily stop chance games fol- lowing receipt of a second letter from George Dennison, manager of the Bet- ter Business Bureau, asking them to ban theatre lotteries, while the B.B.B. is planning a campaign to try to abol- ish prize promotions through arous- ing public indignation if the theatres do not cease themselves, according to unofficial but authoritative sources. Following a meeting of Allied M.P. T.O. of Western Pennsylvania, Fred Herrington, secretary, declared that requesting theatres to stop games be- cause they were the cause of other gambling, was an insult to exhibitors, and that they probably would ignore Dennison's letter. Executives of the Warner Theatres and Harris Amusement Co., operators of more than 30 theatres in metro- politan Pittsburgh, thus far have de- clined to issue any statement on the question raised by the Better Busi- ness Bureau, but privately some of them have stated that the}' believe the bureau's attack is unwarranted and unjust, particularly in its impli- cation that motion picture houses are stimulating gambling. "One reason for continuance of games and similar promotions," con- tended on theatre official', "was be- cause of box-office competition from organizations, fraternal orders, and even churches." Indianapolis, March 2. — Standing committees for 1941 have been named for the local Variety Club by Ken- neth T. Collins, chief barker. Chairmen are: Heart fund — Wade W. Willman; membership — Fred Greenberg; entertainment — Carl Niesse ; house — Art Landes ; public re- lations— H. L. Hancock. Art Fund by Theatre Chicago, March 2. — A scholarship for the Chicago Art Institute, to be known as the American Institute of Decorators, will be provided by the receipts, at SI a ticket, of Friday night's opening of Today, newsreel house operated by Richard E. Beck. Joins Empire Staff St. Johns, N.B., March 2.— Ernest A. Whelpley has joined the sales staff of Empire-Universal here. He was formerly with RKO locally. * "G" denotes general classification. Mexican Theatres Sign Union Contract Mexico City, March 2. — Exhibitors here are assured freedom from labor troubles until 1943 with the signing of the collective contract that the Na- tional Film Workers Union has been demanding since October, 1939. This contract allows the continuance of high wage scales for most of the the- atre employes besides a 10 per cent increase for other workers. The union called five strikes to enforce the agree- ment. Union chiefs declare that this con- tract will be fully respected by the workers. Pedro Tellez is secretary general of the union. Reduces Admissions Indianapolis, March 2. — The Sher- idan Theatre, neighborhood house here has lowered admissions Thursdays, Fridays and Saturdays to 20 cents. Admissions the remainder of the week stay at 30 cents. Woman Exhibitor Dead Seattle, March 2. — Word has been received here of the death of Mrs. Helen E. Barry, owner of the Prin- cess Theatre at Edmond, Wash. Reformer Threatens Industry "Expose" Philadelphia, March 2. — Rev. Dr. William B. Forney, secretary of the Lord's Day Alliance, which is leading the fight against Sunday films in this state, has threatened to "expose" the film industry. Using his invitation to support "Land of Liberty" as a stepping stone, he charged the industry is presump- tuous in asking the ministry to support anything connected with it. He said he is writing a series of articles "blast- ing" the industry and "exposing unethical and illegal methods used by the industry to bet legislation." He was vague about the publication in which his articles would be published. Paper Attacks Film Philadelphia, March 2. — The Catholic Standard and Times, organ of the Catholic Church in this diocese, in an editorial on Friday attacked "This Thing Called Love" as "Holly- wood hash." Gets Republic Post Des Moines, March 2. — Francis Cappler is the new booker at the Republic Des Moines office. Mears and Smith Wage Contest for CEA Presidency London, March 2. — A vigorous battle is under way for the presi- dency of the Cinematograph Exhibit- ors Association for 1941-42. Harry P. E. Mears, incumbent, is a candidate to succeed himself, and is opposed by Sydney K. Lewis, current- ly vice-president of the exhibitor organization. Mears' bid for reelection is based on the plea that the organ- ization should not change horses in the middle of the stream, referring to the current emergency. He claims there are many vital problems still remaining to be solved, with which he is closely familiar. He also contends that his position as an independent is a guarantee of continued good service to the organization. Protests Election Expense Lewis, in turn, has protested the ex- pense of an election, contending he is constitutionally entitled to the elec- tion. The decision will be made on March 10. Exhibitors are expected to be seri- ously affected by an increase in the minimum age for reserved occupations as it relates to projectionists, which is understood to be made soon. Ex- hibitors already are suffering from the general shortage in technical labor. The C.E.A. annual report for the last war year records the achieve- ments of the exhibitors in the face of difficulties, and notes the increasing ap- preciation of the role played by the film theatre in maintaining public morale. Theatre Staffs Depleted The report particularly refers to depletion of theatre staffs and the work with the Ministry of Informa- tion films, which have been circulated to 20,000,000 patrons weekly. Refer- ence also is made to the product shortage and the contradictory situa- tion prevailing, with an increase in the exhibitors quota impending, while there is a decrease in available films. Building Under Way In New Haven Area New Haven, March 2.^-Spring construction has begun to ?et under way in Connecticut. Joseph Faith, operator of the Unionville, Collins- ville, and Terryville, will open his new 650-seat Carberry Theatre in Bristol, Conn., converted from a lodge hall, early this month. Peter Perakos and Joseph Quittner, are building a 1,000-seat house in East Hartford, Conn., Fred Quatrano, co- operator of the Lido, Waterbury, is proceeding with a 700-seat house to be constructed in Newington, Conn., which has no house at present. Strand Amusement Co., operator of Bridgeport neighborhood houses, will remodel the 700-seat Strand-Palace, built in 1912, installing new heating, new marquee, modernistic glass front and new seating. Bids are out for renovation of Michael Daly's 700-seat Plainfield Theatre. Philip Schwartz, operator of the Parkway, Bridgeport, will enlarge that house from its pres- ent 400 to 600 seats, and renovate generally. The Roger Sherman and other "A" houses on the Warner cir- cuit are trying out a new type of lamp for interior effect. Indianapolis Club Committee Named 6 Motion Picture Daily Monday, March 3, 1941 Great Majority Of Arbitration On Clearance (Continued from page 1) cur in selling and exhibition practices in the situation involved, as they may under the block-of-five method which will go in effect with the 1941-'42 selling season. For this reason, the RKO Uptown, Detroit, last week chose to bring an action in circuit court there, instead of in the local arbitration board, in the hope of obtaining the immediate clearance relief from a court which the arbitration board can not give. Alleges Contract Violation The action was in the form of an application for an injunction to re- strain Paramount, Loew's and 20th Century-Fox from licensing United Detroit houses as second runs, in what the Uptown charged was a vio- lation of its second run contracts with those companies. The defendants con- tended that the United Detroit houses so licensed are in neighborhoods com- petitively removed from the Uptown, and so not affected by the Uptown's contracts. One, and possibly three, of the 17 complaints on file are of dubious va- lidity. One of these, the only com- plaint on file with the Cleveland board, involves "some run" for a the- atre under construction which, it is said, does not replace one in exist- ence prior to last Nov. 20. Under the decree, such a theatre is not eligible for arbitration. However, the com- plaint has been permitted to stand in order that the arbitrator himself may make the ruling on its validity. Two by Drive-in-Theatres The other two doubtful complaints are on file with the New Orleans and Dallas boards. Both were entered by drive-in theatres, which are not men- tioned specifically in the decree as having arbitration rights. These also will be decided by arbitrators. The Dallas complaint was the last one filed during February. It was made by Joseph's Drive-in Theatre at Austin, Tex., and asks an adjust- ment of clearance and "some run" from Loew's and 20th Century-Fox. Theatres involved in the complaint are the Interstate, Underwood and Ezell, all in Dallas. Critics9 Quotes "NICE GIRL" (Universal) Refreshing and wholesome entertainment that should win the popular star new friends. The five songs she sings are first-rate and wisely involve no operatics. — Newsweek. . . A pleasant, if unimportant, little incident in the development of this singing star there's a lighthearted, humorous air about the whole thing which probably will satisfy the Durbin fans.— Virginia Wright, Los Angeles News. "TOBACCO ROAD" (20th Century-Fox) The director-writer team responsible for "The Grapes of Wrath" again turns a controversial and highly censorable narrative into an unusual and arresting screenplay . . . developed on the screen with the accent on the broad and folksy comedy. While this switch is effective in its own right, it remains less satisfying. — Newsweek. It all may just seem a conventional, folksy comic strip, with rather more expensive photography than the average, to many people who have never heard of Erskine Caldwell and his "Tobacco Road." — The New Yorker. "STRAWBERRY BLONDE" (Warners) A blithe, sentimental, turn-of-the-century buggy ride. Cagney makes the hero a tough but obviously peachy fellow. But the strawberry humdinger, Rita Hayworth, takes the picture away from him, and dark-eyed Olivia de Havilland, with her electric winks, takes it away from both of them.— 7 uiw. Not a sturdy story, and it is inclined to ramble, but excellent acting plus dialogue, impart to it a charm and warm humor that make it enjoyable.— Norman Clark, Baltimore News Post. "COME LIVE WITH ME" (M-G-M) A delightful picture in spite of a few inconsistencies ... alternately clever tender and humorous. And serious, too, but unobj ectionably so because this element is fleetingly inserted and seemingly necessary to set things right.— Wanda Hale, New York Daily News. _ _ Rather slow in getting under way, but developing a steady pace in its later passages, the film is a happy blend of comedy, sentiment and fortitious eccen- tricity.-^Robert W. Dana, New York Herald Tribune. "THE LADY EVE" (Paramount) This bubbling and frothy comedy-romance, which Mr Sturges has whipped ud for Paramount, possesses all the pristine bounce and humor, all the tresn- ness and ingenuity that seems to have been lacking from the movies since away back-we don't know when.— Bojfcy Crowther, New York Times. A hishfalutin' slapstick comedy that bristles with laugh-provoking ma- terial Sturges has written a highly amusing comedy and has directed it with' a cleverness that is sometimes extremely subtle and at others as broad as the beam of the ship on which the hilarious affair begins.— Kate Cameron, New York Daily News. "MEET JOHN DOE" (Warners) The picture has many excellent, many not so excellent details, and will doubtless accent for millions the virtues of neighborly compassion.— 1 ime. 16 Single Feature Dates Set on 'Doe9 (Continued from page 1) advanced admissions and extended runs. The 16 dates set thus far in- clude : Rivoli and Hollywood, New York, March 12 ; Hollywood and Down- town, Los Angeles, March 12 ; Vic- tory, Dayton, March 15 ; Colonial, Richmond, March 14; State, Harris- burg, March 21 ; Norva, Norfolk, March 21 ; Lincoln or Stuart, Lin- coln, Neb.. March 19; Criterion, Ok- lahoma City, March 12; Roxy, Springfield, 111., March 14; Mary An- derson, Louisville, March 14; Knick- erbocker, Nashville, March 14 ; Beach, Miami Beach, March 12; Par- amount, Miami, March 12, and Cir- cle, Indianapolis, March 12. Nathanson Reported Forming New Circuit In Canadian Cities Catholic Charities Drive Starts Today (Continued from page 1) of which Alfred E. Smith is chair- man; John A. Coleman, executive chairman; Postmaster General Frank C. Walker, treasurer, and George J. Schaefer, president of RKO, assistant treasurer. O'Connor announced members of the motion picture committee, on which Walker and Schaefer are serv- ing, as follows: W. B. Van Schmus, Radio City Music Hall; Nathan J. Blumberg, Universal; Herman Rob- bins, National Screen Service; Mar- tin Quigley, publisher of Motion Pic- ture Daily and Motion Picture Her- ald ; Harry Brandt, Brandt Theatres ; Austin C. Keough, Paramount; Jack Alicoate, Film Daily; Major Edward Bowes; Samuel Broidy, Monogram; Harry Buckley, United Artists ; Spy- ros Skouras, National Theatres; Wil- liam F. Rodgers, M-G-M ; Phil Reis- man, RKO; William A. Scully, Uni- versal. Also : Gradwell L. Sears, Warners ; Patrick Casey, Casey Enterprises; H. M. Doherty, Warners; George Skou- ras, Skouras Theatres ; William White, Skouras Theatres; John No- lan, Comerford Theatres; John Mur- phy, Loew's ; Leon Netter, Para- mount; Dennis F. O'Brien, of O'Brien, Driscoll & Raf erty ; Si Fa- bian, Fabian Theatres ; James R. Grainger, Republic; Al Hovell, Cen- tury Circuit; E. C. Grainger, Feiber & Shea Theatres ; John Kane, Colum- bia; Maurice Kann, Boxoffice; Jo- seph McConville, Columbia ; Charles B. McDonald, RKO Theatres; Jo- seph P. McLaughlin, Paramount; Jo- seph E. McMahon, Consolidated Film Industries ; William Morris, William Morris Agency ; William T. Powers, National Theatres; John O'Connell, Republic; Charles Reagan, Para- mount; Bert Sanford, Altec Corp.; Charles L. O'Reilly, Sen. William J. Murray and P. A. Powers. (Continued from page 1) tribution executive here, identified with the Nathanson enterprises, are reported to be directing the circuit building activities. Further acquisi- tions of theatres in Western, Central and Eastern Canada, particularly Ot- tawa and Montreal, are expected. It is also reported that negotiations are under way for the acquisition of Twentieth Century Theatres, Ltd., a circuit developed recently by Nat Taylor, who has been an officer of the Independent Theatres Association of Ontario for several years. It was learned that William J. Long of Vancouver has been named supervisor for the new Odeon The- atres Company in British Columbia. The development activities have been so active, it was learned, that Hanson was obliged to forego attend- ing the recent Universal annual sales convention in Chicago because of them. Hanson is director of Empire- Universal Films, Canadian distribu- tor for Universal. Arraigned in Tax Case Detroit, March 2. — Two brothers, Mac and Sol Krim, arraigned here before Federal Judge Edward J. Moi- net on a charge of failing to pay taxes on theatre admissions, pleaded not guilty. The theatres involved are the Harmony, Lasky and Park, neighbor- hood houses. Paramount Officials Confirm Canada Reports Paramount home office officials said they had heard reports that N. L. Na- thanson or his associates were en- gaged in theatre acquisitions in Can- ada. They declined to comment on the renewal of his contract as oper- ating head of Famous Players Ca- nadian. British Currency Is on 1940 Basis (Continued from page 1) in the allocations of British remit- tances to that company, according to unofficial estimates. This would be due to the. large increase last year from "Gone With the Wind" in Metro's normally good business in the United Kingdom. Inasmuch as the allocations will be on the same basis as last year, each company's receipts should be about one-third less than in 1940. This is due to the fact that only $12,900,000 may be withdrawn by eight com- panies, as compared with $17,500,000 by seven companies the year before. J. Robert Rubin, general counsel for Loew's, and Samuel D. Cohen of Loew's home office legal staff repre- sented that company. Joseph H. Ha- zen of Warners represented the other seven major companies. The hearings before Handler lasted about three weeks. His decision was accompanied by a 14-page opinion. Chakeres Takes Theatre Springfield, O., March 2. — Chakeres Theatres, Inc., which dominates this situation through operation of all first runs and also operates houses in sev- eral nearby towns, has taken over the Forum, at Hillsboro, O., from Wil- liam Hill. Film on Palestine "Palestine Speaks," new film pro- duced in that country by the Palestine Films Co., is currently playing at the I Ascot Theatre, Bronx. '^ROM MEN WHO KNOW BOX-OFFICE VALUES! DAVID 0. SELZNICK producer of "Gone With The Wind" and "Rebecca" and many other outstanding box-office successes, SCiyS' I have seen CHEERS FOR MISS BISHOP.' It is a tender and touching piece of Americana!" presents Cheers for Miss Bishop An Unforgettable Love Story ■with MARTHA SCOTT • WILLIAM GARGAN and featuring EDMUND GWENN " SIDNEY BLACKMER • DOROTHY PETERSON and introducing MARY ANDERSON • Directed by TAY GARNETT From the novel "Miss Bishop" by BESS STREETER ALDRICH • Screen adaptation by STEPHEN VINCENT BENET • Screenplay by ADELAIDE HEILBRON and SHERIDAN GIBNEY ♦ Released thru United Artists 8 Motion Picture Daily Monday, March 3, 1941 Off the Antenna SATURDAY was the final day on which the National Television Systems Committee accepted suggestions for standards in television. Although the NTSC rendered its final report to the FCC on Jan. 27, it was decided to accept further suggestions up to March 1 in order that the commission might have the benefit of later developments or suggestions on March 20, when the FCC will hold formal hearings on commercialization and standards for the new art. It was learned that the NTSC made March 1 the final date for new submissions because it was felt that at least two weeks were required for study and additional time for a report. Several papers on the question of lines per frame and syncronization were submitted, it was said. • • • Purely Personal: Franklin Pierce Adams, one of the regulars on "Infor- mation, Please," will repay Fred Allen for the latter's guest appearance with the experts by returning the call on Allen's show over CBS Wednesday at 9 P.M. .■ . . The engagement of Marian Schissel, director of women's affairs for KSO-KRNT, Des Moines, to Herbert Pike has been announced. . . . Jack Starr Hunt has been named Mexico City correspondent for Mutual. . . . E. P. H. James, sales promotion director for NBC-Blue will lead a round- table discussion on buying at the annual conference of Graphic Arts on Wednesday at the Biltmore Hotel. • • • WLWO, the Crosley short wave station in Cincinnati, has added pro- grams in French, in addition to those in Spanish, Portuguese and English previously carried. The station has obtained the services of Jean ten Have, French consul in Cincinnati, for a weekly news program Sundays at 8:15 P.M., EST. • • • WMCA at its signoff at 1. A. M Saturday started an expanded news service, utilizing the full Associated Press wire. International News, which had been used exclusively will now be supplementary to AP. Fourteen news broadcasts a day will be given, for a total of about three and one-half hours, not including the talks by staff commentators. The news setup is handled by Hal Janis and a newscaster staff of six. • • • Additional exploitation over the air for "Road to Zanzibar" has bean arranged by Paramount. The new spots include a guest appearance by Bing Crosby on Bob Hope's shoiv on April 8 and a subsequent return appearance by Hope on Crosby's "Kraft Music Hall." On April 7, 9 and 11, Hedda Hopper will dramatise the life of Bing Crosby on her CBS shozv. Theatre Changes 40th Anniversary Reading, Pa., March 2.— Local 135, of the American Federation of Musicians, has arranged a celebration on March 16 at the Abraham Lincoln Hotel to mark its 40th anniversary. Fred W. Birnbach, national secretary, will make the principal ad- dress and it is expected that James C. Petrillo, interna- tional president, also will at- tend. Frank L. Diefenderfer is president of the local. U.S. to Probe AFM, Agencies In AGMA Row (Continued from page 1) Artists to join the A. F. M. or be banned from all entertainment fields where the musicians' union has closed shop contracts. The department charged that_ Pe- trillo had entered into a conspiracy with the booking agencies and net- works in an attempt to destroy AGMA and to force the instrumental- ists into his own union. Complaints also are under investigation which al- leges that the networks and booking agencies have combined to monopolize the business of arranging concert tours and other public performances of AGMA members and to dictate the terms under which such appearances can be made. "The constitution and by-laws of the A. F. M. provide for a payment to that union of 10 per cent of the proceeds from every engagement," it was declared. "They provide further for payment of a Federation tax of 50 per cent of all proceeds collected in radio engagements by a guest con- ductor entering the jurisdiction of a local. The powers of Petrillo are absolute and subject to no control." AGMA 'Welcomes' Probe Intervention of the Department of Justice in the controversy between the American Federation of Musicians and the American Guild of Musical Artists is welcomed by the latter, ac- cording to Mrs. Blanche Wither- spoon, AGMA executive secretary, in a statement issued over the weekend. To Start Milwaukee 'Radio City* Shortly Milwaukee, March 2. — Work is scheduled to start shortly on the Mil- waukee Journal's "Radio City," which will house executive and program de- partments, musicians, announcers, music library, master control desk, short wave relay equipment and sev- eral storerooms and work shops. A television tower 300 feet high will be erected at the rear of the site adjoining a television transmitter house. The Journal, which owns WTMJ, also operates an FM station and is working on television. The new "Radio City" will be erected on a five-acre tract on the city's North Side. Break Ground for WISN Transmitter Milwaukee, March 2. — Ground has been broken in Greenfield, near here, for a new transmitter for WISN, which is planned for completion early in the Summer, according to Don Weller, the station's engineer. A shift in WISN's sports staff will take place this week when Alan Hale leaves to join WJJD, Chicago. His place at WISN will be taken by Hal Walker. Wilder Leaves for S. A. Thornton Wilder, film writer and novelist, left Friday for South Amer- ica to lecture under the auspices of the State Department. Dworski Resumes Post Mansfield, O., March 2. — William Dworski, manager of Warners' Ohio, and city manager here, who resigned recently to return to his home in Hartford, Conn., has changed his plans and will take charge of War- ners' 1,700-seat Palace, in Lorain, O. William Harrell, of the Ohio in Can- ton, succeeds Dworski here. Altec, Williams in Deal Mat Williams has appointed Altec Service to provide repair-replacement service for projection equipment in his five Interstate Enterprises theatres in southern Georgia. L. W. McClung negotiated for Altec. To Improve Fox Denver Denver, March 2. — The Fox Den- ver will have some $10,000 in new im- provements made during the next few weeks, Manager Bernie Hynes has announced. To Reopen California House Antioch, Cal., March 2. — George Stamm of the El Campanile Theatre has completed plans to remodel and reopen the Casino Theatre here. Rebuild California House San Francisco, March 2. — T. & D. Jr. Enterprises, with headquarters here, is rebuilding the Madera The- atre in Madera, a valley town. The house was destroyed by fire. Reopens Cincinnati House Cincinnati, March 2. — Mrs. J. T. Crone, who closed the Ideal, neigh- borhood house, seven years ago when construction was started on the new Columbia Parkway, has reopened the house. The Columbia thoroughfare was completed recently. Gore Opens Tampa House Tampa, Fla., March 2.— Butler E. Gore has reopened the Howard here, as an outlet for Warner product, play- ing second run. The 700-seat house is a unit in Gore's Broadway The- atres, Inc. Postpones Theatre Opening Bristol, Conn., March 2. — Joseph Faith, of Terryville, Collinsville and Unionville, has postponed opening of the new 700-seat Bristol, Conn, house. Work has been delayed and opening is scheduled for some time in March. Northio Shifts 2 Managers Middleton, O., March 2. — Robert Peffley, manager of the Northio Sorg, has been transferred to the Strand, succeeding James Stamper, who takes over the Sorg. Remodels Frisco Theatre San Francisco, March 2. — Dan Mc- Lean has called for bids for complete remodeling of the downstairs section of his Embassy Theatre, including in- stallation of new seats. Schechter Author Of Book on Radio A. A. Schechter, news and special events director for NBC, in collabo- ration with Edward Anthony, is the author of "Live On Air," published by Frederick A. Stokes Co. Told in a series of dramatic anec- dotes, the book gives a personalized account of the growth of one of the finest news gathering organizations in radio today. Whether it is a descrip- tion of NBC scoring a scoop by tele- phoning directly to a judge presiding over an important case, a. broadcast with singing mice, or the graphic, blow-by-blow description of the war in Europe, the tale is enlivened with a detailed record of names, places and misadventures in arranging the broad- cast. "Radio," says Schechter, "formu- lated its policies the hard way," and he illustrates with a story of a news flash that the dirigible Macon had crashed with an unknown number of dead. As the controls switched back to the interrupted program, an astounded radio audience heard Ben Bernie singing a line from a then- current tune, "Take a number from one to ten, double it and add a mil- lion." Crosley Seeks to Halt Hazeltine Suit Cincinnati, March 2. — The Crosley Corp. has filed motions in U. S. Dis- trict Court designed to halt prosecu- tion of nine suits by the Hazeltine Corp., Jersey City, N. J., charging in- fringements of as many patents on inventions of radio parts. Dismissal of the bills is asked or an injunction to restrain prosecution of the suits until final determination by the U. S. District Court in Dela- ware of a cause involving the same companies and the same "subject mat- ter." Kyler Heads Wis. League of Stations Janesville, Wis., March 2. — James F. Kyler, manager of WCLO here, has been elected president of the League of Wisconsin Radio Stations. Other officers named were the Rev. James A. Wagner, WTAQ, Green Bay; William Forest, WIBU, Poy- nette; George F. Frenchette, WFHR, Wisconsin Rapids, and H. J. New- comb, WBJN, Racine, all vice-presi- dents. Ed Cuniff, WKBH, La Crosse, was elected secretary, and Hiram Born, WHBL, Sheboygan, treasurer. TOBACCO ROAD THRU MiW MIAMI MCOIHK, IMOUAL OfiiWAfO/ Record Number 1 The biggest day's business ever done by the Lincoln and Surf Theatres combined! Record Number £ The biggest week-day's business in the history of the Lincoln Theatre! Record Number The third biggest day's business ever done at | the Lincoln Theatre! (Opening day — Thursday — exceeded only by two Sundays!) "TOBACCO ROAD" IS NOW THE MOTION PICTURE INDUSTRY'S GREATEST PROPERTY! RICO RADIO PICTURES Thanks the Academy of Motion Picture Arts and Sciences on the occasion of its thirteenth Annual Awards and again congratulates GINGER ROGERS For the Year's Best Performance in "KITTY FOYLE" r ;< o RADIO PICTURES V ACADEMY of MOTION PICTURE ARTS and SCIENCES 1 REBECCA" ACADEMY AWARD FOR THE BEST PRODUCTION OF 1940 With gratitude to the makers and voters . . . T)avid 0. Selznick The Outstanding Performance By an Actress % GINGER ROGERS ACADEMY o! MOTION PICTURE ARTS and SCIENCES i The Outstanding Performance By an Actor MY SINCERE THANKS JAMES STEWART 14 Motion Picture Daily Monday, March 3, 1941 War Has No Effect On Brazil Trade Washington, March 2. — The Euro- pean war has had little or no effect on the film industry in Brazil, accord- ing to a report to the U. S. Depart- ment of Commerce from Edward D. McLaughlin of the American Em- bassy at Rio de Janeiro. However, the number of foreign films has decreased, and censor regu- lations have been tightened to elimi- nate anything considered objectionable to the nations at war. No legislation is contemplated to establish quota laws, which do not exist in Brazil. In the period from Jan. 1, 1940, to Oct. 15, 1940, the report indicated that the censor examined 318 features, 581 shorts, 296 trailers and 140 newsreels. Ten films of all types were rejected — nine from the United States and one from England. The 1940 percentage of screen time in Brazil gives Ameri- can product 90 per cent, France five per cent, and Germany, Argentine and Brazil five per cent. Five domestic features were pro- duced in Brazil from Jan. 1 to Oct. 5, 1940. Production costs vary from $7,000 and $15,000 per feature. The total Brazilian film investment is es- timated at about $5,000,000. There are 1,350 theatres in Brazil. The aver- age weekly attendance is estimated at 1,950,000. At least 1,200 theatres are wired for sound. Estimates place the yearly gross income of Brazilian the- atres at from $10,000,000 to $15,000,- 000. Selznick First to Win Two Consecutive Film Awards Hollywood, March 2. — David O. Selznick has the coveted distinction of being the only producer in the his- tory of the an- nual Awards of the Academy of Motion Pic- ture Arts and Sciences to have won the out- standing award two consecutive years. His produc- tion for United Artists release, "Rebecca," took the accolade among 1940 pic- tures, and for 1939 his film, "Gone With the Wind," produced for M-G-M release, virtually swept the awards listing. Three Awards to Capra The only man to have accomplished some sort of a similar record was that of Frank Capra, who directed films which took the outstanding film award in 1934 with "It Happened One Night," in 1936 with "Mr. Deeds Goes to Town" and in 1938 with "You Can't Take It With You." This was for direction and not production, and the winners did not strike consecu- tively. An interesting comparison is to be had in the selection of the outstanding David Selznick Thanks Everybody PETE SMITH ACADEMY AWARD FOR ONE-REEL SHORT "QUICKER'N A WINK" MGM pictures of the past three years by the members of the Academy and the New York Film Critics. In 1940, while the Academy selected "Rebecca," the New York critics named "Grapes of Wrath" ; in 1939, the Academy picked "Gone With the Wind" and the critics chose "Wuthering Heights," while in 1938 the Academy vote went to "You Can't Take It With You" and the critics named "The Citadel." Wilson Speech Recalled A sidelight on the address to the Academy Awards banquet in Holly- wood by President Roosevelt via radio from the White House, was the his- toric fact that President Woodrow Wilson addressed a banquet of film notables at the Hotel Biltmore in Hollywood on the occasion of the launching of the Motion Picture Board of Trade. The date was Jan. 27, 1916. Among the awards for 1940 were the following: Bob Hope received the first award granted by the Academy for achieve- ment in humanity. Hope was cited for his participation in 258 benefit performances during 1940, most of them in support of film charities. Award for Army Work A special award was also given to Major Nathan Levinson for his work with the U. S. Army Signal Corps in the production of training films for the Army. Levinson is direc- tor of recording for Warners and vice-chairman of the Academy's Re- search Council. The award for the best musical score was made to Leigh Harline. Paul J. Smith and Ned Washington for "Pinocchio," Walt Disney film released by RKO. Alfred Newman won the musical scoring award for "Tin Pan Alley," 20th Century-Fox. The award for the best song went to "When You Wish Upon a Star," from "Pinocchio." Lyrics were by Ned Washington with music by Leigh Harline. Showmanship Flashes • • • Two Contests Used On 'Philadelphia Story5 Syracuse, N. Y., March 2. — Frank Murphy of Loew's here, for his cam- paign on "Philadelphia Story," ran simultaneous contests in the Syracuse Herald-J burnal and Post-Standard on "How to Turn Down a Man" and "Which Husband Would Y o u^l Choose?" Cash and guest tickets werdM awarded to the winners. Sleeping Girl Stunt Is Used on "Arise My Love" Philadelphia, March 2.— A live window display was arranged with a neighborhood furniture store by Perry Lessy, manager of Warners' Lindley, for "Arise My Love." Free passes to the theatre were awarded to passersby guessing the correct time when a girl asleep in the store window, would awaken. 'Vivacious Lady' Reissue "Vivacious Lady," with the Acad- emy Award combination of Ginger Rogers and James Stewart, will be reissued bv RKO, Andy Smith, sales manager of the company, announced over the weekend. Key city release will be March 28. The film was dis- tributed three years ago. Only House in Town Cincinnati, March 2. — Jerome M. Jackson, who operates the Jackson and Mt. Lookout, local suburbans, is building a 600-seat house at Williams- burg, O. The town has not had a theatre for two years since the one house there was condemned for thea- tre puproses. Acquires Chicago House Chicago, March 2. — Harry Neop, who recently sold the Lindy Theatre over the weekend, took over the Kim- bark, formerly operated by Fecher and Nortman. RKO Resemblance Contest Is "Kitty Foyle" Promotion Harry Mandel, publicity director of RKO Theatres, has instituted a "Kitty Foyle" resemblance and white-collar girl contest in the Metropolitan area, to select the girl most like Ginger Rogers in the film, in each community. Women over 16 are invited to submit photographs, which are placed on a large board in the lobby of each RKO theatre. Patrons may cast ballots in- dicating their preference. Theatres in Greater New York and Westchester County are participating, with prises offered for the final winners. Phone Number Game Aids You're the One' Baltimore, March 2. — Outside Keith's Theatre, where "You're The One" was showing, Manager Larry Schanberger placed a frame with descriptive matter explaining that 10 different telephone numbers painted thereon and changed each day, are selected at random from the phone book. If patron's number appeared, he telephoned the theatre and said, "I'm the One." In reply, pairs of tickets were sent. Special Sundaes Are 'Strawberry Blonde' Stunt Baltimore, March 2. — When "Strawberry Blonde" played here at Warners' Stanley, a chain of 47 drug stores featured "Strawberry Blonde" ice cream sundaes. Publicist Irving Martin has also provided the stores with a total of 6,000 photos of Olivia de Havilland imprinted on the back with name of the film and theatre and playdate. Mayor's Cooperation Aids "Nellie Kelly" Wausau, Wis., March 2.— As a plug for "Little Nellie Kelly," playing the Grand here, Manager Lawrence Beltz got Mayor August C. Polster to name Judy Garland honorary chief of police during the showing of the film. Also in connection with the showing of the film, a "courteous driver" movement was _ conducted with policemen giving admission cards to the Grand to courteous drivers spotted on city streets. The cards were signed, "Judy Garland, Honorary Chief of Police." Congratulations to all of the ^Academy ward inner s Of Course — Eastman negative was used on both "REBECCA" in black and white and "THE THIEF OF BAGDAD" in color J. E. BRULATOUR (INC.) SOLE DISTRIBUTOR Fort Lee • Chicago • Hollywood i ACADEMY of MOTION PICTURE ARTS and SCIENCES Best Cartoon "MILKY WAY" My appreciation to the Academy for the award received for the best cartoon. I am deeply ap- preciative to Metro-Goldwyn-Mayer and to my co-workers whose cooperation and help made this award possible. RUDOLF ISINC Our Sincere Thanks VINCENT KORDA LAWRENCE BUTLER Art Direction (Color Film) Award Special Effects Award "Thief of Bagdad" "Thief of Bagdad" THE GREATEST LOVE STORY IN SOUND PICTURE HISTORY! It is significant that throughout its eleven year history, the sound recording award of the Academy of Motion Picture Arts and Sciences has been made every year to ERPI licensees using Western Electric equipment. Congratulations to the individuals and Sound Departments who have won the awards! This Year's Winner: Douglas Shearer. . . MGM . . ."Strike Up The Band" Etectrical Research Products I tic 195 Broadway, New York, N. Y. Thousands of Theatres are using CT Product Digest is Motion Picture Herald's new and val- uable exhibitor service section. It is a master index to all infor- mation available to date on 1940-41 product and provides synopses, casts, release dates, re- view dates, audience classifica- tion, Legion of Decency ratings, running time, production num- bers and other information of inestimable value. - - - and for your convenience THIS BEAUTIFUL RING BINDER AT ACTUAL COST PLUS HANDLING A well known manufacturer of ring binders has agreed to fur- nish leather ring binders (11" x 12^") for the PRODUCT DIGEST section which appears in the Motion Picture Herald every other week at the actual manu- facturing cost of 54c which in- cludes handling charges. 54c CANADA... $1.00 {This includes Canadian Sales and War Tax.) MAIL COUPON TODAY QUIGLEY BOOKSHOP ROCKEFELLER CENTER, NEW YORK, N. Y. Please send me a leather ring binder for the PRODUCT DIGEST section of MOTION PICTURE HERALD. I enclose 54c covering the manufacturing cost, which includes handling charges. {Canada $1.00 which includes Canadian Sales and War Tax.) N ame Address City Name of Theatre. State . MOTION PICTURE ^ILY and Impartial NEW YORK, U.S.A., TUESDAY, MARCH 4, 1941 TEN CENTS Yates Urges U.S. Hands Off Defense Films Says Hollywood Can Make Them More Effectively By LEE ROGERS Atlanta, March 3. — "There will be less chance of the pictures smelling of propaganda if they will only tell us what they want, and then let us make those films our own way," Her- bert J. Yates, president of Consolidated Film Industries, said here today in referring to the use of the screen in the current national defense effort. "The great danger will come from Army and Navy supervision of the (Continued on page 6) w H. J. Yares B 'way Grosses Fair Despite Storm, Lent Broadway weekend grosses showed improvement Saturday and Sunday after the severe snowstorm and gale Friday afternoon and evening, and despite the beginning of Lent. The Paramount emerged with fly- ing colors. "The Lady Eve" with Tony Pastor on the stage grossed an estimated $25,000 Saturday and Sun- day and completes its first week to- night with about $55,000 expected. "So Ends Our Night" and a stage show at the Radio City Music Hall also was strong, drawing an esti- mated $55,000 Thursday through Sun- (Continued on page 6) Gordon Gets Pact As Col. Producer Max Gordon, producer of "My Sis- ter Eileen," Broadway comedy, plans to leave Friday for the Coast under a contract with Columbia whereby he will produce the comedy for the screen, Columbia having purchased the play for a consideration which Columbia announced yesterday as $225,000. His contract also calls for his services as a producer of other films as well. MPTOA National Convention June 2; Place Not Decided The M.P.T.O.A. national conven- tion has been definitely scheduled for June 2 to 6, but a final decision has not been made yet on the convention city, Ed Kuykendall, president, said yesterday. Tentatively set for Los Angeles in May several weeks ago, Kuykendall said the decision to hold the conven- tion during the first week in June in- stead was made when it was learned that a number of other conventions were already scheduled for May. Among them are the national Variety Clubs convention, the Society of Mo- tion Picture Engineers and the Pa- cific Coast Conference of Independent Theatre Owners, the latter at Los Angeles. Kuykendall said that several resort cities besides Los Angeles are under consideration for the M.P.T.O.A. convention. He expects final ar- rangements to be made within the next week or 10 days. Kuykendall will leave for Wash- ington tonight after attending a meet- ing of the theatres coordinating com- mittee on national defense at Joseph Bernhard's office at Warners this afternoon. Schaefer Appoints Armour Studio Aide Hollywood, March 3. — Reginald Armour, formerly European manager for RKO, has been appointed by George J. Schaefer, RKO president, as his personal assistant at the studio. B&K Starts New Ads in Chicago Chicago, March 3. — A new type of advertising copy for Balaban & Katz, patterned after the Loew circuit copy designed and supervised by Oscar A. Doob, made its ap- pearance in newspapers here yesterday. An increase of about 20 per cent in space over the previous type of ads is appearing in present in- sertions, but, according to B&K, this will be reduced shortly. Ascap Decree Approval Due In Court Today Federal Judge Henry W. Goddard indicated yesterday that he might give his formal approval to the consent de- cree which Ascap entered into with the Department of Justice some time today, despite objections which were made in court to the decree by Ne- ville Miller, president of Broadcast Music, Inc., Ascap's chief competitor, and the National Association of Broadcasters. Objections by others were also rejected. Miller's objections caused some con- sternation among observers, since the organizations which he heads and (Continued on page 6) Blue Law Fight Flares in Del.; Arrest Radio Official Wilmington-, Del., March 3. — The only arrests in the entertainment field yesterday were those of Gorman Walsh, manager of WDEL and WILM here, and Harvey Smith, an- nouncer, as enforcement agencies throughout the state cracked down in an effort to force repeal of the Dela- ware's 200-year-old Sunday Blue Laws. The decision to enforce the law rigidly was taken after the House de- feated a local option measure, follow- ing passage earlier by the Senate. Theatres were not open yesterday but practically every other line of business was hit by the wholesale en- forcement. The entertainment field drove the opening wedge in the legis- (Continued on page 6) Paramount Partners' Meeting in Chicago Chicago, March 3. — Paramount the- atre associates from the Midwest and Far West met here today to discuss operating problems and forthcoming product from all companies. Leonard Goldenson and Sam Dem- bow, Jr., represented the Paramount home office. Others at the meeting were : John Balaban and Jules Rubens, Chicago ; Harry Nace, Phoenix : Harry David, Salt Lake City; Earl Hudson. Detroit ; A. H. Blank and Ralph Branton, Des Moines. Goldenson will return to New York by plane Tuesday and Dembow will remain here for further conferences. UA Never to Join Decree: Silverstone Sees Youthful Viewpoint Improving Hollywood By IRVING YERGIN Chicago, March 3. — United Art- ists never will become a party to the Federal consent decree under which five companies will operate next season, Maur- ice Silverstone, United Artists chief execu- tive, said yes- terday while here en route to New York from the Coast. Silverstone said that if film release conditions which prevail in Chicago were to spread to other parts of the country, producers would be forced to make fewer but better pictures. He referred to the circumstances which force some pictures into neighborhood "A" houses for their first runs be- cause two B&K Loop houses are on extended run policies, making it impossible to clear all releases (Continued on page 6) Maurice Silverstone U ptown, Detroit, Case Is Postponed Detroit, March 3. — The injunction suit of the RKO Uptown here aimed at United Detroit Theatres was ad- journed today in circuit court until March 14. The RKO Uptown seeks to restrain Paramount, Loew's and 20th Century-Fox from licensing United Detroit houses as second runs, in alleged violation of the Uptown's second run contracts. Three Reviews Today Reviews of "Rage in Heav- en," "Melody for Three" and "Murder Among Friends" are on Page 4. 2 Motion Picture Daily Tuesday, March 4, 1941 Coast Flashes Hollywood, March 3 REPORTS that certain extra play- ers' are petitioning the Depart- ment of Justice for an investigation to insure them a voice in the manage- ment of the Screen Actors Guild to- day brought from Kenneth Thomson, S.A.G. executive secretary, the state- ment that at any time the extras feel they would prefer to represent them- selves in their own organization, they have the power to withdraw from the Guild. Walt Disney Productions, Inc., to- day declared a quarterly dividend of one and one-half per cent, amounting to 2>7l/2 cents a share on the six per cent convertible preferred stock of $25 par value, payable April 1 to stock- holders of record March 15. • William E. Raynor, Jr., today was appointed West Coast director of ad- vertising and publicity for Producers Releasing Corp., replacing Edward Graneman. Raynor until now was Monogram press book editor. Buffalo Complaint Brings Total to 18 The first arbitration complaint to be filed with the Buffalo tribunal, and the 18th for the 31 industry boards, was reported to American Arbitration Association headquarters here yester- day. The complaint was brought by Rich- ard DeToto, operator of the Genesee at Mount Morris, N. Y., against 20th Century-Fox and Warners. Asking that the two distributors be directed to license the Genesee for "some run," the complainant charges that this has been refused him for the past five months on this season's product. The competing Family Theatre, the com- plaint states, "has practically tied up all of the product of the two compa- nies" in Mount Morris. N. Y. Senate Passes Child Actors' Bill Albany, March 3. — The Senate tonight unanimously passed a bill changing regulations concerning child actors under 16 years. The bill, spon- sored by Sen. William H. Hampton, repeals the present penal statute and would substitute an enactment whereby permission for work by child actors is subject to written approval by boards of education and other authorized of- ficials. The bill exempts minors ap- pearing on radio amateur programs emanating in principal studios for not more than one hour a week. Jack Simons Honored Hartford, Conn., March 3. — Jack Simons, former manager of the Loew- Poli, promoted to Springfield, was honored at a farewell dinner at the Club Ferdinando here tonight, with Lou Cohen, his successor at the Loew- Poli, also as a guest. Harry Shaw, Lou Brown, managers from all Loew- Poli houses, and other theatres in Hartford were present. Kreisler Joins U.A. Samuel Kreisler, former newspaper- man, has been added to the United Artists home office publicity depart- ment as a feature writer. Personal Mention HERMAN WOBBER, general manager of distribution for 20th Century-Fox, leaves for the Coast to- morrow. Walter Gould, United Artists for- eign manager, returned yesterday from a vacation in Florida. • Hiller Innes, manager of Para- mount's home office production depart- ment, leaves tomorrow for a vacation in Florida and the West Indies. • George Dembow, George Skouras, Lou Dreyfus, Dave Levy, George Weltner, John W. Hicks, Edward Saunders, Max A. Cohen and M. A. Schlesinger lunching yesterday at Nick's Hunting Room in the Astor. • Jack Cohn, Haskell Masters, Clarence Eisem an, Bernard Brandt, Martin Moskowitz and George Burns lunching at Lindy's (51st St.) yesterday. Harry Buckley, Rube Jackter, Arche Mayer and Irvin Shapiro at Lindy's (next to the Rivoli) yester- day for lunch. • Lou Pollock, Hank Linet, Harry Thomas and Douglas Rothacker lunching yesterday at the Tavern. • Clarke Robinson and Louis Letito among those lunching at Sardi's yesterday. HARRY SHAW, Loew-Poli divi- sion manager in New Haven, and Mrs. Shaw, celebrating their 17th wedding anniversary, sail for Panama Thursday on the Cristobal. • Felix A. Jenkins, general counsel for 20th Century-Fox, has arrived on the Coast. • J. J. O'Leary of the Comerford Cir- cuit is recuperating from a minor op- eration at French Hospital here. • Ted A. Shaw, assistant to William C. Gehring, Central division mana- ger of 20th Century-Fox, is vacation- ing in Atlantic City. • William Keegan, manager of the W. C. Hunt Theatres, Trenton, N. J., is back at his post after two months in Miami. • Mitchell Franklin of Franklin & Herschorn theatres, St. John, N. B., is visiting here and Boston. • Lawrence Ayres of the 20th Cen- tury-Fox distribution department re- ports tomorrow for military training. • Bud Freeman, manager of the Grand, Philadelphia, has entered Mt. Sinai Hospital there for an operation. • W. F. Keller, manager of the Earle, Allentown, Pa., is the father of a boy. Group of Exhibitors Gets Trenton House Trenton, N. J., March 3. — A new theatre company, comprising a group of local independent exhibitors, has been organized here for the operation of the Orpheum. Headed by Mrs. Helen B. Hildinger, New Jersey Al- lied leader, the new group was incor- porated as the H. & L. Amusement Co,, with Frank P. Levy, treasurer ; Isaac Levy serving as secretary, and Clark Hildinger and James Lamont as di- rectors. While the company will operate the single house only, the individual cor- porate members operate the Stacy, Bijou, Greenwood, Strand, Rialto and Princess here. Taking over the house on a 20-year lease, approximately $125,000 will be expended in modern- izing the house and its adjoining stores. Hempstead Here to Confer on Next Film David Hempstead, producer of "Kitty Foyle" for RKO, arrived here yesterday from the Coast to confer with Ben Hecht on the script of "Journey Into Fear," by Eric Ambler, which Hempstead will produce next for RKO. To Honor Lewis Swaab Philadelphia, March 3. — The lo- cal industry will honor Lewis M. Swaab, a veteran of the industry, on April 5, marking his 75th birthday. Although retired, the veteran would have been in the business 44 years in April, having started back in 1897. On February 28 he and Mrs. Schwab celebrated their golden wedding anni- versary. Hal Roach Confers With John Balaban Chicago, March 3.— Hal Roach, United Artists producer, and E. J. Peskay, his Eastern representative, stopped off here today to confer with John Balaban of B & K Theatres. They are en route to New York from the Coast. From sources close to Roach, it was learned that Roach is still endeavoring to obtain industry support for his oft- expressed plan of making shorter fea- tures, such as three-reelers, for double- bill use. Roach is due "to arrive in New York tomorrow, having departed from here on the 20th Century train. Will Show 'Topper' Here Next Tuesday The United Artists-Hal Roach film, "Topper Returns," will be trade shown at 11:15 A.M. at the Astor Theatre here next Tuesday, March 11. In addition to the 15 key city trade shows on the picture already an- nounced, six in addition to the local showing have been set. They include: March 10, Park, St. Louis; Granada, Pittsburgh; March 11, Studio, Salt Lake City; Egyptian, Seattle, and Tower in Dallas ; March 12, Al- hambra in San Francisco. Briggs Back from Coast O. Henry Briggs, president of Pro- ducers Releasing Corp., returned yes- terday from three weeks of conferences on the Coast. En route East he stopped off at exchanges in Dallas, Oklahoma City and Chicago. Obituaries Col. Branch Head Dies Atlanta, March 3. — Walter W. Anderson, Sr., who was branch man- ager for Columbia here for the past 10 years, died yesterday following a brief illness. Anderson was 52 years old and had been in the film business here for the past 20 years. He is survived by his wife and one son. Mrs. Michael Shea Dead Buffalo, March 3. — Mrs. Michael Shea, widow of the founder of Shea Theatres, died here yesterday after a protracted illness. She is survived by two brothers, John E. Carr, man- ager of Shea's Hippodrome Theatre, and Edward G. Carr of New York; two sisters, Eilzabeth Carr and Mrs. Edward Carney, and a daughter, Mrs. Emile Giffoniello. Funeral services will be held Wednesday. Burial will be in Mt. Calvary Cemetery. Rites Held for Mrs. Davis Atlanta, Ga., March 3. — Final services for Mrs. Thomas L. Davis, formerly of Philadelphia and wife of T. L. Davis, district sales manager for United Artists, were held yesterday at Sacred Heart Church. Burial was in West View Cemetery here. Rites for Mrs. Aberman Funeral services were held Sunday for Mrs. Esther Aberman, 56, mother of Sam Aberman of the Quigley Pub- lications circulation department, who died early Sunday. Services were held at the Glassman Memorial Chapel and burial was in Mt. Carmel Ceme- tery, Brooklyn. She is survived by two daughters in addition to her son. St. John Manager Dies St. John, N. B., March 3. — James A. Golding, 39, of the staff of the Community here, is dead. He had been ill several months. He is sur- vived by his widow and two children. Party for Gell Today W. Ray Johnston, president of Monogram, will play host this after- noon at the Hotel Warwick at a cock- tail party for William Gell of Pathe, Ltd., London, who arrived yesterday by clipper plane after delays of more than a week en route. Gell is confer- ring with Johnston. MOTION PICTURE DAILY {Registered U. S. Patent Office) Published daily except Saturday, Sunday and holidays by Quigley Publishing Company, Inc., 1270 Sixth Avenue, Rockefeller Center. New York City. Telephone Circle 7-3100. Cable address, "Quigpubco, New York." Mar- tin Quigley, Editor-in-Chief and Publisher; Colvin Brown, Vice-President and General Manager; Watterson R. Rothacker. Vice- President; Sam Shain, Editor; Alfred L. Finestone, Managing Editor; James A. Cron, Advertising Manager; Chicago Bureau. 624 South Michigan Avenue, C. B. O'Neill. Manager; Hollywood Bureau, Postal Union Life Building, William R. Weaver, Editor; Leon Friedman, Manager; London Bureau, 4 Golden Square, London Wl; Hope Wil- liams, Manager, cable address "Quigpubco. London." All contents copyrighted 1941 by Quigley Publishing Company, Inc. Other Quigley publications: Motion Picture Herald. Better Theatres, International Motion Pic- ture Almanac and Fame. Entered as second class matter, Sept. 23, 1938, at the post office at New York, N. Y., under the act of March 3, 1879. Subscription rates per year $6 in the Americas and $12 foreign. Single copies 1 0c. THE GREATEST HEADLINE NAMES IN THE WORLD TO- DAY...TOGETHER IN ONE EXTRAORDINARY FILM! HARRY WARNER SPYROS SKOURAS BOB O'DONNELL HARRY ARTHUR JOHN H. HARRIS SAM DEMBOW, Jr. have seen and enthusias- tically booked this sen- sational motion picture scoop in their theatres .. DOROTHY THOMPSON America's "First Lady of Journalism"; noted columnist and National Broadcast- ing Company's ace commentator. WYTHE WILLIAMS Commentator over Mutual Network; famous war correspondent, noted for his uncanny foreign affairs prophecies. WILLIAM L SHIRER Foreign correspondent ; for many years Columbia Broadcasting Com- pany's chief newsgatherer in Berlin. LINTON liV ELLS Former IJnited Press star reporter, famed for broadcasts from the Orient and other trouble spots. in the First Round -Table of the Screen New! Timely! Different! Exciting! A COLUMBIA SPECIAL 2-REEL PRESENTATION, FIRST OF A NEW SERIES • NO. 1 RELEASED NOW ! A William Rowland Production • Burnet Hershey, Supervising Editor 4 Motion Picture Daily Tuesday, March 4, 1941 42 New Films Now Shooting; Nine Finished Hollywood, March 3. — Forty-two pictures were before the cameras this week, as nine were finished and nine were started. Fourteen were being prepared, and 68 were in the cutting rooms. The tally by studio : Columbia Finished: "She Knew All the Answers." In Work: "Her First Beau," "Sen- ate Page Boys," "Chain Gang." Started: "Naval Academy," "Time Out for Rhythm." M-G-M In Work: "Billy the Kid," "A Woman's Face," "Blossoms in the Dust," "Love Crazy," "Dr. Jekyll and Mr. Hyde." Started: "Washington Melodrama." Monogram In Work : "Tumbledown Ranch in Arizona." Paramount Finished: "One Night in Lisbon," "Kiss the Boys Goodbye." In Work : "Caught in the Draft," "Skylark," "Pioneer Woman," "Nurses Don't Tell," "Hold Back the Dawn." Started: "Night of January 16th." RKO In Work : "Sunny," "Before the Fact," "Tom, Dick and Harry." Started: "My Life With Caroline." Republic Finished: "Mr. District Attorney," "In Old Cheyenne." In Work : "Sis Hopkins," "Two Gun Sheriff." Started: "Pals of the Pecos," "Rookies on Parade," "Lady from New Orleans." 20th Century-Fox Finished: "The Cowboy and the Blonde." In Work : "Blood and Sand," "The Great American Broadcast." Universal "Oh, Charlie," "Double Finished : Date." In Work : "The Flame of New Or- leans," "Unfinished Business," "Hit the Road," "The Black Cat." Warners Finished : "The Nurse's Secret." In Work : "The Bride Came C.O.D.," "Affectionately Your s," "Sergeant York," "Three Sons O' Guns," "Highway West," "The Gen- tle People." Bolognino-J oelson Deal N earing Close Deal by which Julius Joelson, for- mer New York and New England circuit operator, would take over operation of Consolidated Amusement Enterprises from Laurence S. Bolog- nino is expected to be closed in the near future, it was indicated yesterday. Principals in the negotiations said that discussions are continuing and will not be terminated until the latter part of the week. Feature Reviews "Rage in Heaven" {M-G-M) XTOVELS by James Hilton in the past have made unusual film mate- rial and "Rage in Heaven," which was published in 1932, is no exception. For the author of "Goodbye, Mr. Chips" and "Lost Horizon" has traced the depraved working of a paranoiac's mind and W. S. Van Dyke II, who directed, has brought it to the screen in all its stark reality. Robert Montgomery is the unfortunate, demented husband whose jeal- ous furies drive him to suspect his devoted wife, Ingrid Bergman, and his closest friend, George Sanders. Together, the trio offer effective performances in this combination romance and horror story. Miss Berg- man gives an excellent account of herself, adding new laurels to her career on the American screen. Like other Hilton stories, "Rage in Heaven" should find a large audience, especially in the larger cities. The grimness of the story is hardly ever relieved by either humor or sentiment and the tenseness it created in a preview room was well indicated when a minor humorous incident drew a hearty laugh of relief near the end of the film. Montgomery, who has lived under the influence of his mother, Lucille Watson, and his friend, Sanders, returns home to find Miss Bergman. Both he and Sanders fall in love with her but Montgomery wins her hand. After the marriage, however, Montgomery suspects that Miss Bergman and Sanders are still in love, and his mania compels him to attempt to murder both. When he fails, he contrives a fiendish scheme to commit suicide and plant a murder charge on Sanders. However, a psychiatrist solves the mystery for a satisfactory conclusion. Gottfried Reinhardt, who produced, has provided an excellent sup- porting cast which includes, among others, Oscar Homolka, Philip Meri- vale, Matthew Boulton and Aubrey Mather. Running time, 83 minutes. "A."* Edward Greif 'A" denotes adult classification. B Melody for Three (RKO-Stephens-Lang) Hollywood, March 3 Y far the best of the "Dr. Christian" series being produced for RKO and excellent all purpose entertainment in its own right, "Melody for Three" is the sixth of the series of Jean Hersholt's cinematic portrayals of the kindly country doctor of River's End. This one has sustained human interest, comedy, and pathos wrapped up in a substantial story of universal appeal, as well as a musical background that is part of the plot. It is producer William Stephens' finest effort. Chief figure is a film "find," 13-year-old Schuyler Standish, who plays the violin with rare feeling. In the story, the boy is reared by his mother, who divorced his father before he was born. The father, now a famous conductor, is hurt in an airplane crash at River's End, and the doctor brings the former wife and husband together. However, a misunder- standing occurs before the conductor can find out that the boy is his son. The physician takes the boy to Chicago and effects a complete reconciliation. In addition, Stephens and Erie C. Kenton, the director, used stronger talent, supporting Hersholt and Maude Eburne, another cast regular, with Fay Wray, Walter Woolf King, Patsy Lee Parson, Astrid Allwyn and Andrew Tombes. The CBS radio program featuring Hersholt as "Dr. Christian" is ex- tremely popular. Running time, 68 minutes. "G."* Vance King "Murder Among Friends" (20th Cenhvry-Fox) \ BLEND of comedy and mystery melodramatics, with Marjorie Weaver and John Hubbard playing the familiar amateur detectives, she the avid snooper and he a doctor who reluctantly permits himself to become involved, this is an engaging film whose comedy is satisfying and whose mystery is laden with suspense and at times exciting. It has a cleverly intricate plot, and in his direction, Ray McCarey lays stress on the comedy and simultaneously develops the necessary tenseness in deft handling of the mystery. Cobina Wright, Jr., has a relatively insignificant role but because of her social status it might be of value to mention her in promotional copy. Truman Bradley and Mona Barrie also are in support. Running time, 67 minutes. "G."* *"G" denotes general classification. Second Run First Des Moines, March 3.— When "Night Train" opened in Tri-States' Paramount here, it was the first time a film had been shown in one of the circuit's first run houses after second run. The film originally was set for the suburban houses but its popularity made a larger house necessary, and it wa° moved downtown to t' Paramount. Lloyd Film Will Open In Frisco Tomorrow San Francisco, March 3. — The Harold Lloyd production, "A Girl, a Guy and a Gob," released by RKO, will have a premiere at the Golden Gate Theatre here Wednesday eve- ning, following a similar opening to- morrow evening at the Hawaii in Honolulu. Lloyd will act as master of cere- monies at the opening here, introducing the stars of his film, who will make personal appearances. They will in- clude Lucille Ball, George Murphy, Edmund O'Brien, Nancy Kelly, Desi Arnaz and Carl Brisson. The latter will be on the vaudeville bill. The film will begin its regular run at each theatre the day after the opening. WB to Show Files in Phila. Trust Case Philadelphia, March 3.— Petition for a subpoena in the anti-trust suit of the Harrison Brothers, operators of the suburban Lansdowne, against W arner Theatres and major distribu- tors, scheduled to be argued in Fed- eral Court here today, has been with- drawn. Joseph A. Ball, counsel for the plaintiffs, advised the court that the Warner counsel had agreed to produce certain requested records. The tak- ing of pre-trial testimony has been set for next Friday. Those to be exam- ined are Lester Kreiger, circuit book- er ; John Turner, assistant booker, and William G. Mansell, local exchange manager. Legion Approves 8 Of 10 New Pictures The National Legion of Decency has approved eight of 10 new films, six for all audiences and two for adults, and found the remaining two pictures objectionable in part. The films and their classification follow : Class A-l, Unobjectionable for Gen- eral Patronage — "Footlight Fever," "Meet Boston Blackie," "Melody for Three," "Nice Girls?", "Outlaws of the Rio Grande," "Prairie Pioneers." Class A-2, Unobjectionable for Adults — "Free and Easy," "Road to Zanzi- bar." Class B, Objectionable in Part —"The Lady Eve," "This Thing Called Love" (revised version). Mitchell to Washington Chicago, March 3.— Capt. Gordon S. Mitchell, U. S. Army Signal Corps Reserve and manager of the Research Council of the Academy of Motion Picture Arts and Sciences, passed through here today en route to Wash- ington where he will show two Army training films made in Hollywood to ranking Army officers. FROM MEN ^WHO KNOW BOX-OFFICE VALUES! We've told you what David O. Selznick says. Now read what LOUIS B. MAYER Vice-President in Charge of Production, Metro -Goldwyn- Mayer Studios, Says: "I have seen 'CHEERS FOR MISS BISHOP! Dick Rowland has made a MAGNIFICENT picture that should achieve outstanding business at the box-office!" presents Cheers for Miss Bishop An Unforgettable Love Story ■with MARTHA SCOTT • WILLIAM GARGAN end featuring EDMUND GWENN • SIDNEY BLACKMER • DOROTHY PETERSON and introducing MARY ANDERSON • Directed by TAY GARNETT From the novel "Miss Bishop" by BESS STREETER ALDRICH • Screen adaptation by STEPHEN VINCENT BENET • Screenplay by ADELAIDE HEILBRON and SHERIDAN GIBNEY • Released thru United Artists 6 Motion Picture Daily Tuesday, March 4, 1941 Blue Law Fight Flares in Del.; Arrest Radio Official Ascap Decree Approval Due In Court Today (.Continued from page 1) which have been combating Ascap, a short time ago entered into a similar decree with the Department of Jus- tice. The N.A.B. decree was to be- come effective when Ascap "signed." Victor 0. Waters, special assistant to the U. S. Attorney General, stated in court he was "at a loss" to explain this latest Miller attitude. Waters told the court that the Government consid- ered the Ascap decree as following "very closely" the one entered into by Miller and his organizations. Other objections were made by the Xew York League of Theatres and by Schroeder & Gunther, a publisher member of Ascap. Miller's objections centered upon three phases of the Ascap decree. They were : 1. The continuation under the decree of long term, ex- clusive contracts between Ascap and its members. 2. The provision permitting Ascap licensees other than radio broadcasters to obtain commercial licenses on a per program as well as blanket basis, while this right is lim- ited to sustaining programs when sought by broadcasters. 3. The requirement that Ascap members who license their works directly to users must turn over royalties so received to Ascap for distribu- tion. The latter provision, Miller said, "destroys the economic incentive for private licensing." The other provi- sions, unless corrected, he said, will fail to produce the results sought for the decree and also will place Govern- ment sanction on illegal practices of Ascap. "The decree starts out to make Ascap a non-exclusive licensor," Mill- er said, "and ends by making it an exclusive licensor." Waters indicated that the distribu- tion by Ascap of royalties obtained from private licensing by its mem- bers was a safeguard adopted to pre- vent commercial agencies from invad- ing the field. Judge Goddard observed to Miller that the arrangement was "a matter between Ascap and its members." The New York League of Theatres asked that the decree be made to in- clude a guarantee that Ascap would not interfere with the broadcasting of condensed versions of dramatic pro- ductions, and that Ascap be required to keep records of the number of times each of its songs is performed in order that producers of musical productions may have a basis for de- termining their share of publishers' royalties. Judge Goddard reminded counsel for the League that a consent decree is "a decree consented to by the par- ties and is not dictated by the court." Schroeder & Gunther petitioned for provisions which would permit more prompt election of Ascap directors by the membership, charging that under the method of election proposed by the (Continued from page 1) lative fight to abrogate the ancient statutes, more than a year ago. The House today without a dis- senting vote strongly condemned yes- terday's enforcement drive, which re- sulted in the arrest of 493 persons throughout the state. The House called it an attempt by State's At- torney General James Morford to "coerce the members into favorable action" on the Rinard bill to liberalize Sunday observance. The House further resolved that it will take its time in deliberating the Rinard bill, which was restored to the calendar after its defeat, "even if it takes to the last day of the session." The Senate last Friday had passed a resolution directing the au- thorities to enforce the Blue Laws after the House defeated the measure. Among the type of business which felt the effect of the enforcement drive were the operators of trolley cars, buses, operators of all types of commercial vehicles, milkmen, gas station attendants, drug stores, ice cream parlors, grocery dealers and even a strike picket and city workmen engaged in snow removal. The police plan to continue their rigid enforcement until the old law either is changed or nullified. Vio- lators face a fine of $8 or 24 hours in jail for driving a vehicle, and $4 fine or 24 hours in jail for other "worldly employment," including busi- ness operations. Indiana Legalizes Sunday Night Sports Ixdiaxapolis, March 3. — Sunday night baseball and ice hockey were legalized in Indiana in a bill passed by both houses of the legislature. Neither is expected to make serious inroads into the receipts of exhibitors, however. A proposal to set up a state sales tax of 3 per cent, which would have applied to theatre tickets, apparently is abandoned. decree it will take 12 years to elect an entirely new board. The court indicated that it regard- ed the objection as being without merit. Judge Goddard asked Waters why the provisions of the decree relating to Ascap licensees other than broad- casters do not become effective for nine months, while those relating to broadcasters will be effective in 90 days. Waters explained that about 20,000 licensees have Ascap agreements which will expire at the end of the year and the deferred effective date was selected to avert "chaos" among these licensees. In presenting the decree to the court Waters said that the Government rec- ognized the necessity for the existence of a policing and collective bargaining agency like Ascap for copyright own- ers. However, he said, the Govern- ment took the position that Ascap had gone farther than necessary in carry- ing out these functions, and the decree is intended to correct the things which the Government believes are in viola- tion of the Sherman Act. BVay Grosses Fair Despite Storm, Lent (Continued from page 1) day. It will hold over. "Strawberry Blonde" with Raymond Scott at the Strand did about $21,000 Friday through Sunday. The film is now in its second week and will be held for a third. Business at the Roxy with "Tobacco Road" and a stage show amounted to an estimated $19,000 Thursday through Sunday of its second week. "That Night in Rio" will open at the Roxy on Saturday, it is reported. "Back Street" completes its third week at the Rivoli tonight with an estimated gross of S16,000 expected. It starts its fourth and final week to- morrow. "The Great Dictator" is reported by United Artists officials to have held up well at the Astor on its 20th week, which ended last night "A Dangerous Game" opened at the Ri- alto yesterday, replacing "Meet Boston Blackie." The latter drew about S5,000. At the Globe, "Night Train" grossed an estimated $2,000 Saturday and Sunday. Republic's Second Regional in Atlanta Atlanta, March 3. — Republic's plans for national advertising were outlined here today at the opening of the two-day regional sales convention at the Henry Grady Hotel. This is the second regional meeting, the first having been held last week in Los Angeles. James R. Grainger, president, is pre- siding. In attendance are Herbert J. Yates, A. C. Bromberg, Southern fran- chise holder, and the following branch managers : Henry Glover, Atlanta ; W. N. Snelson, Memphis ; L. A*. Seicshnaydre, New Orleans ; J. H. Dillon, Charlotte ; Harold Laird, Tampa. Also present are all members of the sales staffs of the Southern divi- sion branches. Hands Off Defense Films, Yates Urges (Continued from page 1) production of these propaganda films," he said. Yates, here attending Republic's Southern regional sales meeting, de- clared : "Men who know nothing about the film industry cannot be expected to direct propaganda." Film studios are currently working out plans with Army and Navy offi- cials for the production of propaganda pictures when this country goes to war, Yates asserted. "Film representatives are seeking to learn just the type of pictures the services will wish produced in time of war emergency," he said. Loretta Young Here Loretta Young, Tom Lewis, her hus- band, and Judy, her adopted daughter, arrived from the Coast by train yes- terday. UA Never to Join Decree: Silverstone (Continued from page 1) through houses in the Loop area. Discussing the recent Academv awards, Silverstone pointed out a marked change has occurred ... the ages of leading Hollywood pro- ducers and directors during recent years, the average age of the lead- ers being less than it was a few years ago. With the change has come a fresh and youthful view which has resulted in better pic- tures, he said. Charlie Chaplin will be in his next picture, Silverstone said. He conferred with Chaplin on the pro- duction while on the Coast, but would disclose no additional infor- mation about it other than it would be a comedy. Silverstone had been on the Coast six weeks conferring with United Artists producers on plans for next season and with Samuel Goldwyn on his release from his United Artists distribution con- tract. An agreement in principle was reached with Goldwyn but has not been consummated as yet. Sil- verstone plans to return to the Coast in about two weeks. Ericksen to New York To Confer cn Program Hollywood, March 3. — Clarence E. Ericksen, vice-president and general manager of Walter Wanger Produc- tions, left for New York by train tonight to confer with Maurice Silver- stone and Arthur W. Kelly on the 1941 -'42 program. Ericksen also rep- resents Edward Small and Sol Lesser. He plans to remain East a month. Janitors in Chicago Sign New Agreement Chicago, March 3. — The local unit of the Theatrical Janitors' Union has signed an agreement with all local houses, independent and circuit, which calls for a salary increase of five per cent, according to Thomas Burke, secretary-treasurer of the union. The new contract, retroactive to Jan. 1, 1941, also provides for a six- day, 40-hour week and one week's vacation with pay. The pact expires Feb. 28, 1942, when a new contract automatically will become effective, calling for an additional five per cent salary increase. Iowa I.T.O. Meeting Scheduled Monday Des Moixes, March 3. — The Inde- pendent Theatre Owners of Iowa and Nebraska plan to hold their annual meeting here next Monday and Tues- day. Election of officers and the numer- ous bills affecting theatres that have been proposed in the legislature will be the main business of the meeting. Leo F. Wolcott of Eldora, la., is president of the organization. Tuesday, March 4, 1941 Motion Picture Daily 7 Short Subject Reviews "Adventures of Captain Marvel" (Republic) A12-EPISODE serial based on the character currently appear- '-3k in Whis Comics Magazine, the __3'entures °f Captain Marvel" sfiould prove popular with devotees of sthe serial adventure story. In addition to the customary excitement attendant upon masked figures and machines for making gold, the "superman" charac- ter is still enough of a novelty to add an extra touch. When young Billy Batson (Frank Coghlan, Jr.), a member of an expe- dition into Siam, refuses to violate the tombs of an ancient Scorpion Dy- nasty, he is rewarded by being given the power to transform himself into Captain Marvel, a superman, played by Tom Tyler. The hero switches from Coghlan to Tyler as the occasion demands. Excellent effects are ob- tained for scenes showing Tyler flying through the air. The expedition finds a machine for making gold, but its parts are divided among members of the party. A masked figure attempts to steal the parts. Hiram S. Brown, Jr., was associate producer and William Witney and John English directed. The cast in- cludes William Benedict, Louise Cur- rie, Robert Strange, Harry Worth, Bryant Washburn, John Davidson and others. Running time, first episode 31 mins., others 19 mins. "International Forum" (Columbia) This is the first of a new series of film round-table discussions of world events by radio commentators and newspaper columnists. It offers the views of Dorothy Thompson, Wythe Williams, William L. Shirer and Lin- ton Wells on America's danger from Nazism and what they believe should be done about it. A more vital production might have been achieved had the views of all four commentators been more dis- similar than they are. At the same time, such a presentation would have contributed to making the discussion more of a forum and less a one-sided discussion of the subject now under debate in Congress. Despite its gen- eral interest and outspokenness, there may be audiences which will receive it as propaganda rather than an in- formative discussion of international affairs. William Rowland produced and directed. Running time, 16 mins. Named Club Delegates Detroit, March 3.— Charles C. Perry and John Howard have been elected by the local Variety Club as delegates to the national convention in Atlantac City in May. The club held its annual circus on Saturday, with William Carlson in charge of ar- rangements. Whale, Boyds Here James Whale, Warner director, ar- rives from the Coast today on the United States liner, America. Also arriving are William Boyd, Para- mount Western star, and Mrs. Boyd. Studios Swing Into Final Quarter of This Season Hollywood, March 3 A SSIGN'MENT of name players to roles in new vehicles made the week's biggest production news, as studios prepared to swing into their final quarter of 1940-'41 product. Twentieth Century-Fox borrowed Rita Hayworth from Columbia for a role in "Blood and Sand," Tyrone Power vehicle, while Columbia assigned her to "Our Wife," John M. Stahl production. Twen- tieth Century-Fox also borrowed Walter Pidgeon from M-G-M for "Man Hunt," in which George San- ders also will be featured. Milton Berle and Joan Davis drew the com- edy team assignments in "Sun Val- ley," Sonje Henie picture. Warners set Bette Davis to star in "The Gay Sisters," from the Stephen Longstreet novel. Errol Flynn, to star in "Dive Bomber," before "They Died With Their Boots On," will be supported by Fred MacMurray, borrowed from Paramount by Warners. Rio Rita, dance band leader, has been signed by Paramount for "Aloma of the South Seas," starring Dorothy Lamour and Jon Hall. On the screen she will be known as Rita Shaw. Rudy Vallee and John Bar- rymore are being sought by Para- mount for "World Premiere," ac- cording to Sol C. Siegel. The story deals with the Hollywood custom of gala openings for pictures. Freddie Bartholomew and Jimmy Lydon have been set to head the cast of "Naval Academy," at Columbia, while Lydon and Charley Smith are Paramount's new "Henry Aldrich" and "Dizzy," respectively, in the Aid- rich Family series there. Jackie Cooper and Eddie Bracken who played the roles in the first two Aldrich pictures have been dropped, the former because he had outgrown the role and the latter because he is too busy with other film commitments. Columbia also signed Gloria Dick- son, once under contract to Warners, for the feminine lead in "Chain Gang." Monogram is seeking Peter Lorre for the lead in "King of the Zombies," which Lindsley Parsons will pro- duce, and has signed Bela Lugosi for "Murder by the Stars," another horror picture. • • Kent Taylor draws the role of a tabloid newspaper editor in M-G-M's "Washington Melodrama." Given a term contract by Republic, Ray Mid- dleton, singer, goes into "Ladv from New Orleans," starring John Wayne and Ona Munson. Bob Crosby has been held for another picture by Re- public. RKO assigned James Craig and Anne Shirley for the romantic leads of "A Certain Mr. Scratch," which will star Thomas Mitchell and Walter Huston. June Preis- ser, released by M-G-M, has been signed by Paramount. Recent story buys include M-G-M's ourchase of "The Road Away From Home," original by Richard English and Clifford Dowdey dealing with conflict between western settlers and a big mining company ; "The Dam," by Lester Cohen; "Johnny Eager," by James Edward Grant about Chi- cago's underwold, and "Odor of Vio- lets," novel by Baird Kendrick of a blind war veteran who with the aid of a "seeing eye" dog, takes up de- tection of crime. Edward Arnold will be starred in the latter. Paramount has bought "Cupid with a Beard," original by Michael Uris, as a vehicle for Bing Crosby; and "War Town," by Sidney Bid- dell, which concerns the overnight building of a sleepy village to a metropolis by the influx of defense workers. Fred MacMurray, Dorothy Lamour and Brian Donlevy are tentatively set for top roles. The Crosby vehicle has a Latin Ameri- can background. "Journey Into Fear," novel by Eric Ambler of espionage in Turkey, and "Joan of Paris," original by Jacques Thiery and Georges Kessels of pres- ent day Paris, have been acquired by RKO as possible Michele Morgan vehicles. "In This Our Life," novel by Ellen Glasgow dealing with dis- tinguished Virginia families, was pur- chased by Warners, possibly for Errol Free Board Chilton, Wis., March 3 TT2RBERT GRAEF, man- ager of the Chilton, plugged "Come Live With Me" by inserting a newspaper advertisement as follows: "HUSBAND WANTED: Young man, neat and attrac- tive to become a husband of convenience for a beautiful Viennese refugee who wishes to avoid deportation due to the present war conditions in Europe. He will be given a comfortable income and main- tained in a very comfortable home. All applicants should call Chilton No. 6, any time after 6 P.M." The stunt, said Graef, created "considerable comment." Flynn and Olivia de Havilland. Monogram Producer E. B. Derr ac- quired John T. Neville's "I Give My Life." • • Renie Riano goes into Warners' "Affectionately Yours" . . . George Batcheller, production supervisor for Producers Releasing Corp., has added "The Confession," from the play, to the company's production schedule. T. H. Richmond's next picture for the company will be "South of Panama," spy melodrama by Sidney Sheldon and Ben Roberts. . . . Columbia has changed the title of "Show Business" to "Time Out for Rhythm". ... A Cincinnati secretary, Kay Harris has been signed by Columbia for the title role of "Tillie the Toiler." 8 Motion Picture Daily Tuesday, March 4, 1941 1 Off the Antenna THOSE magnetic storms cropped up over the weekend and radio engineers again found short wave communication considerably jammed. Reception from Europe was impossible most of the time although there were several clear periods. While the storms lessened in intensity yesterday, engineers reported that they will continue well into April with varying degrees of interference. These storms are not related to the difficulty created by sun- spots last year, it was said. Magnetic storms, it appears, are caused by the Northern Lights but there are different theories for their occurrence and nobody knows what to do about them. • • • Purely Personal: Thomas D. Connolly, CBS director of program promo- tion, mill address the Advertising Club at Columbus, O., Friday. . . . Gregory Centola, of WMCA's production staff, who was married recently to Derva Nappo, is on a honeymoon in Washington. . . . Wyllis' Cooper will be guest on "Behind The Mike" over NBC-Blue Sunday. . . . Jane Pickens and her press agent, David 0. Alber, will be guests on "On the Cuff" over WINS at 1 P.M. today. . . . Lisa Sergio toill celebrate the second anniversary of "Column of the Air" on WQXR Thursday. • • • WQXR has named the Foreman Co., Chicago, as its national sales representative. Hugh Kendall Boice, vice-president in charge of sales, made this announcement yesterday. • • • Philip L. Barber, who has been in charge of foreign press and foreign station relations for NBC's short wave international division, has been granted a leave of absence to join the Nelson A. Rockefeller Committee on Cultural and Commercial Relations with Latin American Republics. • • • Around the Country: Carl "Deacon" Moore, orchestra leader, has' been added to the WLW, Cincinnati staff. . . . Robert Dwnville, WLW sales manager, has been promoted to general sales manager for all Crosley stations. He will be succeeded in his sales post by Harry Mason Smith of the Crosley Nezu York offices. . . . Arden X. Pangborn, managing editor of the Port- land Oregonian has assumed his new duties as managing director of the paper's stations KGW and KEX there. . . . WFBM, Indianapolis, has added Lee Harris to the sports department. Liberty Cancels Heatter Program Liberty Magazine has can- celled its Thursday and Sat- urday sponsorship of Gabriel Heatter's talks over Mutual, and two of his present spon- sors are taking over the per- iods. Zonite Products, which sponsors him on Mondays, will take over the Thursday show in addition, and R. B Semler, for whom he is nf heard Wednesdays and Fi days, has added the Saturday program. 8 NBC Shows Are Cancelled; P&G Drops 5 Eight NBC shows have been can- celed effective during this month. Proctor & Gamble has canceled five of its programs. They are "This Small Town," "Pepper Young's Fam- ily," "Vic and Sade" and "The Story of Mary Marlin," all heard Mondays through Fridays between 10 and 11 A.M. over the Blue network, and Arch Oboler's "Everyman's Theatre" heard on the Red Fridays, 9:30' to 10 P.M. The cancellations are effec- tive after March 28. Also canceled are the Burns & Al- len show for the George A. Hormel Co. on behalf of Spam, heard _ Mon- days on the Red, which will wind up its season on March 24; "Wake Up and Sing," sponsored by Vick Chem- ical Co. on a Pacific Coast Red hook- up, effective after March 28; and "The Piso Co.," sponsored by the company of the same name, which was formerly heard over WJZ Mondays through Saturday. The last named program was cancelled as of yester- day- . „ "Cavalcade of America, sponsored by E. I. du Pont de Nemours Co., will move into the 7:30 to 8 Monday eve- ning spot vacated by the Burns & Allen program. At present "Caval- cade of America" is heard Wednes- days at the same time. Radio Chain Report Action Faces Delay Washington, March 3.— There will be no quick action by the Federal Communications Commission to dis- pose of the radio monopoly report, it was asserted today by Chairman James L. Fly in disclosing that the legal division's report on the subject of chain broadcasting will be taken up for consideration next week. First discussions of the report, the chairman said, will be purely explora- tory and nothing definite probably will be done for some time, until all mem- bers of the commission have had an opportunity to make a thorough study of the legal division's findings. Phila. Station Signs 3-Year A. C A. Pact Philadelphia; March 3. — WFIL has signed a three-year closed shop agreement with the American Com- munications Association, governing the station's engineers. The contract pro- vides for 10 per cent wage increases and minimums of $43 and maximums of $75 weekly, plus 10 per cent bonus for night work. The contract also provides for severance pay, sick leave and seniority rights. Plan Summer Concerts Philadelphia, March 3. — The way was smoothed for another Summer season of outdoor concerts at Robin Hood Dell this season when the local musicians union and the Dell manage- ment settled differences and signed an agreement calling for a seven-week season, providing 28 concerts between June 19 and Aug. 8 with an orchestra of 90 men. Women's Club Hits Phelps' Radio Bill Albany, March 3. — The efforts of Senator Phelps Phelps, New York radio commentator, to bar from broad- casting any statement tending to cre- ate hatred because of race, color, re- ligion or manner of worship came in for a blast in a pamphlet sent members of the legislature over the weekend by the Women's City Club of New York. The women's group, stating that the Phelps measure is along the lines of the bill which has worked so success- fully in New Jersey, admires the ends but is afraid the threat to democracy from a fifth column cannot be over- come "by subscribing to prohibitive legislation which is so drastic as to undermine democracy itself." Phelps asserted that nine Nazi Bundists have been convicted due to violations of broadcast laws inspiring hatred and said passage of this bill AFM Sifts Cases The American Federation of Musi- cians, in enforcing its rule against instrumentalists who refuse to join the union, will act in accordance with the requirements of each individual case, Henry A. Friedman, A.F.M. at- torney, declared yesterday. This at- titude was made necessary because the A.F.M. did not wish to cause interference with existing contracts or unnecessary hardships, Friedman explained. The American Guild of Musical Artists is scheduled to meet today to consider its next move. The March 1 deadline which was set by James C. Petrillo, A.F.M. president, for all AGMA instrumentalists to join his in New York would materially assist broadcasters in rejecting subversive scripts which they now occasionally must accept. Taylor Reelected NAB District Head San Antonio, March 3. — O. L. Taylor, president of KRVG, Amarillo, was reelected for the third time as director of the 13th district of the National Association of Broadcasters at the annual conference at the Gunter Hotel here. The meeting also sup- ported the broadcasting industry in its fight with Ascap. Changes Sunday Policy Cresco, Ia., March 3. — Central States' Cresco Theatre here has changed its policy, running continuous shows from 2 P.M. until 11 :30 P.M. on Sunday. Prices will be 30 cents until 6 .M. and 35 cents for evenings. in AGMA Dispute own union, passed over the weekend with at least one important defection from AGMA's ranks. Albert Spald- ing, violinist, resigned from the Guild to join the A.F.M., although the latter union does not require resignation from the Guild. Efrem Zimbalist, violinist, who will conduct a symphonic orchestra in Philadelphia shortly, also joined the A.F.M. This procedure would have been necessary even in the absence of a jurisdictional dispute between the two unions. Announcement was also made of Jose Iturbi, pianist, joining the A.F.M. but AGMA spokesmen pointed out that Iturbi, as an orches- tra conductor, had been an A.F.M. member for some time. F.C.C. Again Will Inspect Television Washington, March 3. — All five members of the Federal Communica- tions Commission and several of its staff will go to Philadelphia Thurs- day and New York the following day for another inspection of television developments, it was disclosed today by Chairman James L. Fly. In Philadelphia, Fry said, the Com- mission will inspect the Farnsworth- Philco synchronization pulse develop- ment and in New York will study the line experiments of the Bell Labora- tories and DuMont's work on frames. Synchronization is one of the prin- cipal problems which require solution before television standards can be fixed, it was indicated by Fly when he heard the informal report of the National Television Systems Commit- tee in January. The Philco develop- ment is a synchronizing pulse which is transmitted by FM in combination with the AM transmission of the rest of the television signal. Television Officials Optimistic on F.C.C. Television officials who have been studying the proposed rules promul- gated last week by the FCC are opti- mistic about the March 20 hearing which will decide the fate of the new art. It was pointed out that the FCC had gone to considerable pains to pre- pare these rules and that it was not likely that the commission would have done so if it had planned to hold up television because of the national de- fense program. Although the restrictions on the aluminum supply may prove a handi- cap, substitutes are available, it was pointed out. As for the factories' preoccupation with defense contracts, it was said that if every factory inter- ested in television should manufacture only a small number of television re- ceivers, the total supply would be likely to meet the demands of the near future. Four Firms Chartered Albany, March 3. — Four new com- panies incorporated here include : M & M Amusement Co., by Myron J. Glantz, Benjamin Davidson and An- nette Graifer ; Wellman, Inc., by Bern Barnard, L. Arnold Weissberger and William Herz ; Morris Park Amuse- ment Corp., by Marion Lehrfield, Mil- dred Miller and Florence Brown, and Affiliated Producers Corp., by David Freenan and Henry Cohen. All are New York City companies. MOTION PICTURE DAILY First in and Impartial 49. NO. 44 NEW YORK, U.S.A., WEDNESDAY, MARCH 5, 1941 TEN CENTS Financing Plan Considered for UA Producers Silverstone Also Reveals New Bonus Method By SHERWIN KANE Maurice Silverstone, chief of world-wide operations of United Artists, at a press interview held in his offices at the company's head- quarters, revealed yesterday that he is prepared to sponsor a new bonus plan and that a new financing plan for outstanding producers who seek to be associated with the company is also under consideration. This new plan, which he has worked out with certain "prominent West Coast fi- nanciers," Silverstone stated, will be presented to the United Artists board within the next month, after he returns to the Coast. He ar- rived here from the Coast on Mon- day. No further details of the plan were disclosed by Silverstone. He indi- cated that under the new plan, as (.Continued on page 6) New U. A. Program Set in Two Weeks Maurice Silverstone said yesterday that the complete United Artists lineup for 1941 -'42 will be ready in about two weeks, and numerically will not vary importantly from the 22 an- nounced for this season. The program will be ready in time for the company to hold its annual sales convention considerably earlier than usual, in the event that Arthur W. Kelly, United Artists distribution head, believes it desirable to begin new season selling earlier this year be- (Continued on page 6) Selznick Italy Deal To Benefit Britain Winthrop W. Aldrich, presi- dent of the British War Re- lief Society, announced yes- terday that $25,650 which Selznick International re- ceived from Italy from the sale of "Rebecca" and "In- termezzo" has been contrib- uted by the company to the fund for the purchase of small ships designed as sea ambulances which will be used in rescuing the victims of Axis submarine warfare. Carr in Charge of Monogram Lineup Of 50 Next Season Trem Carr will be in charge of Monogram's new season production schedule of 26 features and 24 West- erns, returning to the company as its production head after a two-year ab- sence, W. Ray Johnston, Monogram president, stated yesterday. Scott Dunlap, former production head, will continue with the company (Continued on page 6) 'IP OFFICIALS GET 7-YEAR CONTRACTS 'U' Profit Position Is Cited by Cowdin J. Cheever Cowdin, chair- man of Universal Pictures Company, Inc., and Universal Corp., made the following statement yesterday in regard to the new management em- ployment contracts author- ized for the senior operating officials: "The contracts, in most in- stances, represent a five-year extension of the* periods for which these men are current- ly under contract to the Uni- versal companies. "This will assure continu- ity of the executive manage- ment which has been respon- sible for increasing gross sales from $18,150,876 to $27,- 677,627 in the last three years and, in the same period, has converted a net loss of $1,- 084.999 into a net profit of $2,390,722." Goddard Approves Ascap Decree Without Change 'Wings' to Open at Astor on March 26 Paramount's "I Wanted Wings" will have its world premiere at the Astor on Broadway March 26. It will play a road show, advanced price engagement at the house, according to Neil F. Agnew, vice-president in charge of sales. Stars of screen, stage and radio will attend the opening, as well as Government officials and Army and Navy officers. Several additional road show engagements will be sched- uled shortly in key cities. Overruling the objections of the Na- tional Association of Broadcasters and the League of New York Theatres, Federal Judge Henry W. Goddard yesterday signed the consent decree in the Government's suit against Ascap. Judge Goddard, who had indicated at Monday's hearing that he would sign the decree, made no changes in the document as it was presented to him. No further progress was made, however, in the settlement of the dis- pute between the society and broad- casters. N.A.B. offices would not comment in the absence from the city of Neville Miller, president. How- ever, Miller had previously stated that negotiations would not start until Ascap prepared a contract based on a "per program" charge instead of a blanket license. Meanwhile, a BMI spokesman de- clared that his organization had 20 days after receipt of a certified copy of the Ascap decree to accent or re- ject it. Under the terms of the de- cree signed by BMI, it did not be- (Continued on page 7) S.E.C. Report Shows Loew 1940 Salaries A total of $16,104,869 was paid to 228 Loew executives for the year ended Aug. 31, 1940, an S.E.C. report filed with the New York Stock Ex- change revealed yesterday. Louis B. Mayer, vice-president in charge of production, received $697,049 and Nicholas M. Schenck, president, $318,882. Mayer received $541,049 of the total as his share of the profits. He received $688,369 during the prev- ious year, of which $541,119 repre- sented a share of profits. Other salaries and bonuses report- ed were : Hunt Stromberg, $332,267 ; J. Robert Rubin, $128,070; David Bernstein, $113,329; E. J. Mannix and Sam Katz, $96,356 each. Universal filed a report for the year ended Oct. 31, 1940, showing payments to W. C. Fields of $255,000 ; Deanna Durbin, $209,833, and Bing Crosby, $150,000. Management Continuity Assured; Leo Spitz Negotiated Pacts In order to assure the continuity of the present management headed by Nate J. Blumberg, president, and J. Cheev- er Cowdin, chairman, un- der whose di- rection Uni- versal was brought back from the red into a profit- able concern, they and five other senior executive op- erating offi- cials are to be n. j. Blumberg awarded new seven-year em- ployment contracts, retroactive to Jan. 1, 1941, it was announced yes- terday. These new contracts represent an extension of five years in most in- stances of the existing arrangements between these officials and the com- pany. Attorney Leo Spitz represented the management in the negotiations on the contracts. The new contracts will be submitted to stockholders for approval at Universal's annual meet- ing in Wilmington, Del., on March 15. Others who are to be awarded sim- ilar contracts are Charles D. Prutz- man, vice-president and general coun- sel ; Clifford Work, vice-president in (Continued on page 6) Agreement Banning 'Stars' Abandoned The "gentlemen's agree- ment" in effect for the past three years whereby major companies pledged not to use film critics' "star" awards and other symbols in their advertising has been aban- doned, due to the inability to obtain full adherence to it by all Broadway houses. The M.P.P.DA. Advertising Ad- visory Council has advised all member company adver- tising directors that they are free to use these symbols if they wish. 2 Motion Picture daily Wednesday, March 5, 1941 20th Anniversary Toronto, March 4. — A gala occasion was the 20th an- niversary of the opening of the Palace, in Toronto's East End, under the continuous management during the score of years of C. L. Querrie, former famous Canadian ath- lete and owner of a profes- sional hockey club. The the- atre ^is a part , of the Famous Players Canadian Circuit. All Amusements Aid Greek Relief Show All branches of the amusement in- dustry are cooperating in the midnight benefit show for Greek relief, known as the Greek Festival for Freedom to be held at the Radio City Music Hall March 28. Marvin Schenck, head of the pro- duction committee in charge of the show, declared yesterday that tickets will be scaled from $1 to $10. The show will be sponsored by the Amuse- ment Industry Division of the Greek War Relief Association, of which Adolph Zukor is chairman. W. G. Van Schmus, managing director of the Music Hall ; Gus Eyssell, his as- sistant, and other theatre executives are cooperating. Starts Stage Shows Buffalo, March 4. — The Hippo- drome has started a new policy with a stage show, the first in many years. Personal Mention L EO SPITZ leaves tonight for Cali- fornia. A. A. Sc hub art, manager of ex- change operations for RKO, is visiting exchanges in Chicago, Indianapolis and Kansas City. • W. M. Horne, circuit contact rep- resentative for RKO, is on a two-week vacation cruise in the Caribbean. • Clifford Johnson, operator of the Lyric in downtown St. Louis, is the father of a son, born late last week. • Tracy Barham, general manager of Northio Theatres, Cincinnati, is vaca- tioning in Florida. • Leon Leonidoff, Erno Rapee, Wil- liam F. Rodgers, Charles E. Mc- Carthy, Oscar Doob, Ralph Aus- trian and John W. Hicks lunching at Nick's Hunting Room in the Astor yesterdav. • Kay Kamen, Sam Goodman, Clar- ence Eiseman, Charles Stern, John Boles, Jack Pearl and George Givot having lunch yesterday at Lindy's (51st St.). GEORGE P. AARON S, secretary and counsel for U.M.P.T.O. of Philadelphia, has left with Mrs. Aarons for a vacation in Hot Springs, Ark. • Guy D. Hammitt, exploitation manager for Vonderschmitt Amuse- ment Enterprises in Crawfordsville, Ind., and Leoma G. Walden were married late last week. • Jack Furscha of the Bell Theatre, Scranton, and Paul Hagen, employed in the Comerford Circuit office in Scranton, were given a farewell din- ner before their departure for Army training. • L. W. Conrow, president of Altec, has returned from the Coast. • Abe Montague, Max Weisfeldt Al Margolies, Monroe Greenthal and John Wright at Lindy's (next to the Rivoli) yesterday for lunch. • Maurice Silverstone, Moe Streim- er, Leon Leventhal, Arthur Kelly, Robert Stolz, Joseph Burstyn, Wal- ter Futter and Phil Baker having lunch yesterday at the Tavern. N.O. Exhibitor Dies New Orleans, March 4. — Alex- ander Schulman, 51, owner of the Best and Casina, neighborhood the- atres, died yesterday after a brief ill- ness. Two sons, a daughter, two brothers and a sister survive. ALIFORNIA AMERICAN'S SOUTHERN SUNSHINE ROUTE ■^r Five American Flagships daily take you along the Southern route across Virginia, Tennessee, and through the sunshine of Texas and Arizona to Los Angeles and the Pacific Coast. Save days of time, enjoy every minute of your trip. For reservations, call your Travel Agent or HAvemeyer 6-5000. Ticket Offices: 18 W. 49th St. at Rockefeller Center and Airlines Terminal, 42nd Street at Park Avenue. AMERICAN AIRLINES * ROUTE OF THE FLAGSHIPS Jackter at Atlanta Meeting Tomorrow Atlanta, March 4. — Rube Jackter, Columbia assistant general sales man- ager, will preside at a Southern divi- sion meeting here Thursday in con- nection with the "Exhibitors' Good Will Campaign" which started this week. Attending will be Sam Mos- cow, division manager, and branch managers R. J. Ingram, Charlotte; J. B. Underwood, Dallas; J. J. Rog- ers, Memphis ; C. A. Gibbs, Okla- homa City, and H. Duvall, New Or- leans. M.P.P.D.A. Meeting Is Set for March 31 The annual meeting of the M.P.P.- D.A. has been set for March 31. Will H. Hays, president, whose current contract expires today, his 19th anni- versary in the position, is expected from the Coast in about two weeks. His new five-year contract as M.P.- P.D.A. head, agreed upon some time ago, was signed on Feb. 3. Ermolieff Sues Again Los Angeles, March 4. — Joseph Ermolieff, European producer, today filed a new suit against RKO, this time seeking $40,000 damages for al- leged distribution of "The Soldier and the Lady" in Ireland. He re- cently obtained a declaratory judg- ment in Superior Court which ruled Ireland is not part of the United Kingdom. O'Brien Left 5 Million Toronto, March 4. — M. J. O'Brien, president of the Ottawa Valley Amusement Co., which operates four theatres in Ontario, left an estate of $5,200,000, according to the probate of the will. O'Brien, who died a few weeks ago, made provision for cash gifts to many employes and relatives. Newsreel Parade rJ1 HE address of President Roose- -*- velt to the Academy of Motion Picture Arts and Sciences' annual azvards banquet, and the aftermath of the tragic plane crash near Atlanta captured considerable nezvsrecl atten- tion. The reels and contents follozv^- MOVIETONE NEWS, No. 51— WV news in Libya, India, the United States,"" Scotland and England. Captain Ricken- backer injured in Georgia plane crash. Roosevelt lauds screen in address to film Academy. The Cleveland Indians train for ball season; the Chicago Cubs in training. Running of the Santa Anita handicap. NEWS OF THE DAY, No. 249— British desert army smashes toward Tripoli. Balkan crisis finds England on the alert. Royal Family visits bombed Portsmouth, England. American bombers span Atlan- tic. Roosevelt praises work of screen. Steel strike settled. Freak accident at Miami outboard race. Spills feature roller skating derby in Chicago. Long shot takes Santa Anita race. PARAMOUNT NEWS, No. 54— Defense chiefs bring end to steel strike. Dedicate bridge over Niagara River. Probe fatal plane crash near Atlanta. Naturalized citi- zens at Portland, Ore. Triplets born to New York State calf. Prime Minister Churchill inspects defenses. British forces continue African advance. Baseball teams play in Havana. Girls' team opens train- ing in New Orleans. Outsider wins Miami race. Long shot wins at Santa Anita. RKO PATHE NEWS, No. 54— Defense heads end steel strike. Tobruk falls in Africa. President addresses film Acad- emy. Ambassador Winant leaves for Lon- don. Fire razes Fort Myer barracks. Largest troop transport completed in Okla- homa. Skaters spill in Chicago race. Flor- ida and Santa Anita horse races. New citizens see democracy at work in Ore- gon. UNIVERSAL NEWSREEL, No. 959— President Roosevelt addresses Academy. British capture Italian Libyan fort. Ital- ian prisoners in India. Steel strike ends. U. S. troops on march at Fort Sill, Okla- homa. Seven die in Georgia plane crash. Roller derby in Chicago. Regatta in Mi- ami. Widener handicap race at Miami. 'Doe' Opening in 3 Cities Wednesday "Meet John Doe," Capra-Riskin picture released by Warners, will have a premiere at the Paramount and Beach theatres in Miami next Wednes- day, in addition to the openings at the Hollywood and Rivoli in New York and the Hollywood and Down- town in Los Angeles on the same day. MOTION PICTURE DAILY (.Registered U. S. Patent Office) Published daily except Saturday, Sunday and holidays by Quigley Publishing Company, Inc., 1270 Sixth Avenue, Rockefeller Center, New York City. Telephone Circle 7-3100. Cable address, "Quigpubco, New York." Mar- tin Quigley, Editor-in-Chief and Publisher; Colvin Brown, Vice-President and General Manager; Watterson R. Rothacker, Vice- President; Sam Shain, Editor; Alfred L. Finestone, Managing Editor; James A. Cron, Advertising Manager; Chicago Bureau. 624 South Michigan Avenue, C. B. O'Neill, Manager; Hollywood Bureau, Postal Union Life Building, William R. Weaver, Editor; Leon Friedman, Manager; London Bureau, 4 Golden Square, London Wl ; Hope Wil- liams, Manager, cable address "Quigpubco. London." All contents copyrighted 1941 by Quigley Publishing Company, Inc. Other Quigley publications: Motion Picture Herald, Better Theatres, International Motion Pic- ture Almanac and Fame. Entered as second class matter, Sept. 23, 1938, at the post office at New York, N. Y., under the act of March 3, 1879. Subscription rates per year $6 in the Americas and $12 foreign. Single copies 10c, SHORTS CHAMP OF THE INDUSTRY! When you buy Shorts for the coming season remember M-G-M gave you TWO OUT OF THREE ACADEMY AWARD WINNERS this year. BEST CARTOON Rudolph Ising's THE MILKY WAY" BEST ONE-REELER Pete Smith's QUICKER'N A WINK THE TWO ACADEMY Ginger Rogers, best performance by an actress . . in "Kitty Foyle." li K O RADIO PICTURES V PANDRO S. BERMAN IN CHARGE OF PRODUCTION with JAMES ELLISON i • i!i:i i.| PRINTS- NEW ADS: NEW AC( \ WARD WINNERS James Stewart, ] best performance by an actor. . in The Philadelphia Story. Illl • CUIUS COBURN A GE0R6E STEVENS PRODUCTION Screen Play by P. J. Wolfson and Ernest Pagano SORIES: FOR A N 6 Motion Picture Daily Wednesday, March 5, 1941 Plan Headquarters For Theatres Unit In Defense Effort Separate headquarters will be es- tablished for the theatres division of the Motion Picture Committee Co- operating for National Defense, it was decided yesterday at a meeting in the office of Joseph Bernhard, head of Warner Theatres, who is chairman of the division. Only Government-released, free films will be sponsored by the division, it was determined, and not commercially- released product. Present at the meeting, in addition to Bernhard, who presided, were : Spyros Skouras, Leonard Goldenson, Si Fabian, Charles C. Moskowitz, John J. O'Connor and Ed Kuyken- dall. Publicists to Name Negotiating Group A group of representatives to ap- pear for the Screen Publicists Guild in all future negotiations with the major companies on a contract will be elected at the guild's next monthly meeting on March 13. Of nine mem- bers nominated, five will be selected. Additional nominations will be made at the meeting. Hearings on the guild's petition to act as bargaining agency for all pub- licity department employes, involving Warners and M-G-M, will be resumed today before Daniel Baker, N.L.R.B. trial examiner. On their conclusion all major companies will have ap- peared. 105 ANGELES FLY THE CENTRAL, YEAR 'ROUND MAIN LINE AIRWAY Three flights daily offering scenic daylight service and two thru sleepers coast-to- coast without change of planes. Enjoy Mainliner serv- ice on the world's most ex- perienced airline. Reserva- tions: travel agents, hotels or UNITED AIR LINES Airlines Terminal: 80 E. 42nd St. 67 Wall St. Pennsylvania Hotel 649 Fifth Ave. MU-2-7300 Universal Officials Are Awarded 7-Year Pacts {Continued from page 1) charge of studio operations ; William A. Scully, vice-president in charge of domestic sales ; Joseph H. Seidelman, vice-president in charge of foreign sales, and Mat- thew Fox, vice- president and executive assist- ant to the presi- dent. Authorization for the new contracts was voted by the boards of di- rectors of Uni- versal Pictures Company, Inc., and the Universal Corporation, at j cheever Cowdin special meetings. Under the new terms, the annual salaries of the group will range from $62,400 to $91,000 during the first two years and thereafter will range from $75,400 to §117,000. _ Additional incentive compensation will also be provided through a profit- sharing plan in which the executives will share by receiving a percentage of the operating income up to $2,- 500,000, and an additional percentage of operating income above that figure. Individual participations will range from one-half of one per cent to one per cent of operating income up to $2,500,000 and from one to two per cent in excess of that figure. The contracts provide also that these per- centages are to be reduced propor- tionately to any future increase in tax rates and that balances blocked in Great Britain shall be excluded in computing operating income for any year, any adjustment with respect to these amounts to be made only when and as these balances are actually transferred into dollars. Under the terms of the contracts with Universal Corp., each of the five vice-presidents is to receive each year warrants to purchase 3,000 shares of Universal Corp. common stock at $10 per share, expiring in April, 1956. The chairman and president will re- ceive 5,000 such warrants. The war- rants now held by members of the executive group, running for five years and giving them the right to buy stock at prices ranging from $8 to S10 per share, are to be exchanged for the longer-term warrants stipulat- ing the higher price. Carr in Charge of Monogram Lineup {Continued from page 1) in charge of a production unit. Johnston said that Monogram's pro- duction budget would be increased 18 per cent for the new season and would include four specials, 'Army Host- ess," "Navy Bound," "God's Country and the Law" and "Land of the Sky Blue Water." Other productions on the new sea- son's schedule are : "Clancy Street Mob," " 'Neath Brooklyn Bridge," "The Pride of Third Avenue" and "Chinatown Mystery," all featuring the East Side Kids. Also : "The Monster Strikes," "Girl of My Dreams," "King of the Zombies," "Aunt Emma Paints the Town," "Old Fashioned Girl," "Mil- lion Dollar Mystery," "Beating Back," "Nights of Horror," "False Colors," "Thirty Fathoms Down," "On the Stroke of Twelve," "The Fighting Cadet," "Isle of Terror," "Freckles Comes Back," "Lil' Louisiana Lady," "Flaming Terror," "Man from Head- quarters" and "Hill Billy Romance." In addition, the company will reis- sue "Yesterday's Hero," with Mickey Rooney ; "Boy of the Street," with Jackie Cooper, and "Siren of the South Seas," with Movita. The 24 Westerns on the schedule will include 16 new productions, eight of which will be the second series of the "Range Busters," and eight will be a new group entitled the "Rough Riders." Eight John Wayne West- erns will be reissued. Monogram's annual sales convention is scheduled for the first week in April, in Los Angeles, and will be at- tended by company franchise holders. Johnston's announcement was made at a cocktail party given at the Hotel Warwick vesterday for William Gell. managing director of Pathe Pic- tures, Ltd., of London, who arrived from Europe by clipper on Monday. Gell's company distributes for Mono- gram in England and Monogram dis- tributes here for Pathe, Ltd., and will handle the bulk of Pathe's 1941 pro- gram of 12 features for American dis- tribution. Gell plans to be here about a month and may attend the Monogram con- vention. Johnston will leave for his West Coast headquarters in about 10 days. He plans to visit the East about every three months. Fox West Coast Will Build Three Houses San Francisco, March 4. — Con- struction of three new film houses in northern California at a cost of ap- proximately $400,000 has been or- dered by Fox West Coast Theatres, in line with its current West Coast building program. Theatres costing $150,000 each will be constructed at Richmond and Val- lejo, across the bay from San Fran- cisco, with $100,000 to be spent on a house at San Luis Obispo. Prelimin- ary work already has begun on the Yallejo project. Exchanges Honor Prince RKO exchanges in Atlanta, Char- lotte, New Orleans and Memphis will honor David Prince, Southeastern district manager, during the week of May 3, as a phase of the Ned Depi- net sales drive. 'Fantasia' in Pittsburgh Pittsburgh, March 4. — Walt Dis- ney's "Fantasia" opens here tomorrow at the Fulton. Toni Spitzer of the Disney home office, who handled the New York and Chicago openings, is here on the campaign. Financing Plan Considered for UA Producers {Continued from page 1) distinguished from the Sliverstone Plan which is utilized by U.A. pres- ently, producers will have the oA tunity of participating in the ean^_0s of their own pictures without respect to the consolidated program results of the company. This new financing method, Silverstone stated, will be pro- vided through a new and sep- arate unit of United Artists, soon to be organized. The fi- nancial interests which will be part of the organizations, he stated, have not before been associated with U.A. produc- tions. Producers who will wish to take advantage of the plan will be required to contribute a certain investment of their own. Since the new producers' bonus plan appears to meet the basic objec- tions of Samuel Goldwyn to continu- ing his distribution deal with the company, Silverstone was asked whether Goldwyn would continue to release through United Artists even though he were to withdraw as an owner of the company, under the pending settlement of litigation. Silverstone declined comment on the ground that the settlement is still in negotiation, but added signifi- cantly : "Goldwyn is a great producer. I would like to have him stay in the company." Silverstone said that the present 12 United Artists producers, other than Goldwyn, would contribute to the company's new season schedule and that deals with several additional pro- ducers are in work and will be con- cluded soon. A production deal has been closed with Arnold Pressburger, he said, and "New Wine," produced by William Szekeley, recently signed by M-G-M, will be a new season re- lease. New U. A. Program Set in Two Weeks {Continued from page 1) cause of the uncertainties of film buy- ing with five major companies operat- ing under the consent decree. In reply to a question, Silverstone said United Artists has no thought of voluntarily adopting the decree selling method. Before the new season schedule is finally set, he said, home office offi- cials will confer with representative theatre circuit heads to obtain their reactions to productions planned and their suggestions for possible changes. Cooper Leaves Red Cross Toronto, March 4. — Col. John A. Cooper, chairman of the Motion Pic- ture Distributors of Canada, has re- tired as president of the Ontario branch of the Red Cross Society of Canada, to which he has devoted con- siderable time in the past few years. He is succeeded by Wallace R. Campbell, vice-president of the Ford Motor Co. of Canada. Wednesday, March 5, 1941 Motion Picture Daily 7 I 9,165 Companies Net $51,983,000 in 1938 Washington, March 4. — Total in- come of 9,165 amusement corporations ( operating in 1938 was $1,140,769,000 and total deductions were $1,088,785,- 000, leaving a net profit of $51,983,000 and a net income, resulting from the elimination of $77,000 in tax exempt interest on Government securities, of $'^06,000, it was reported tonight h, il' Internal Revenue Bureau. \'\ ^^ese companies, an analysis of the 1938 returns disclosed, paid income taxes of $11,614,000 and excess profits taxes of $88,000, leaving them a net profit, after tax, of $40,281,000. Divi- • dends paid during the year included $43,285,000 in cash and assets other than the corporation's own stock, and $319,000 in corporation stock, it was shown. The bureau figures disclosed that the 9,165 corporations had gross receipts from operations of $1,023,426,000 and receipts of $58,358,000 from sales, $22,680,000 from rents and royalties, $14,945,000 from dividends from do- mestic corporations, and $3,041,000 in dividends from foreign corporations. Levy Must Repay CBS $85,000 Total Isaac D. Levy, director of CBS, was ordered yesterday by N. Y. Su- preme Court Justice John Carewe to repay to CBS $85,000 and interest after trial of a stockholders' suit against CBS, its officers and directors. Henry G. Mason and Nat Gluck, plaintiffs, had charged that Levy and his associates had participated in a transaction in which CBS had ac- quired the entire interest of the Amer- ican Record Co. from Consolidated Film Industries, Inc. Goddard Approves Decree for Ascap (Continued from page 1) i come effective until Ascap signed one substantially similar. While the of- ficial would not disclose BMI's atti- tude until the decree had been stud- ied, he indicated that the objections presented by the N.A.B. had no appli- » i cation to BMI and that only minor ' changes in phraseology would be sought in the BMI decree to make it conform to the one signed by Judge Goddard yesterday. French Film to Open ; "The Mad Emperor," French film starring Harry Bauer, will open on Saturday at the 55th St. Playhouse. Mutual Gross Up 31% in February Mutual's gross billings con- tinued to increase during February and ended with a total of $442,157, a rise of 31 per cent over the same month last year. The cumulative total for the first two months was $947,388, an increase of 44.6 per cent over the same period last year when the gross totaled $655,378. CBS and NBC discontinued dis- closures of gross billings in January. Republic Opens N. Y. Meeting Tomorrow Republic's fourth regional sales meeting will open tomorrow at the home office, with James R. Grainger, president, presiding, and Herbert J. Yates in attendance. Grainger and Yates arrive here to- day from Atlanta, where they attend- ed the Southern regional which ended yesterday. They previously had at- tended the meetings in Los Angeles and Kansas City. Among the sales representatives who will attend the two-day local meeting are : Jake Flax, Washington franchise owner ; Nat Lefton, Cleve- land and Cincinnati franchise owner ; J. H. Alexander and S. A. Fineberg, Pittsburgh franchise owners, and the following branch managers : Morris Epstein, New York ; Arthur New- man, Albany ; Jack Bellman, Buffalo ; M. E. Morey, Boston ; Sam Seletsky, New Haven; Max Gillis, Philadel- phia ; Sam Seplowin, Detroit ; Sam Gorrel, Cleveland, and George Kirby, Cincinnati. 'Hopkins' Premiere in St. Louis Hollywood, March 4. — Republic will hold the world premiere of "Sis Hopkins" at the Fox, St. Louis, April 4. Judy Canova, star of the film, will head a Hollywood group attending. Republic Studio Damaged Hollywood, March 4. — A produc- tion shut-down on four pictures was caused today at the Republic studio when lightning burned out the gen- erators. Several thousand dollars' damage was caused. Film Program on WMCA WMCA will start a weekly Holly- wood gossip program at 6:45 P.M. today. The show will be called "Hol- lywood Busybody." AGMA to Continue Fight Against AFM The American Guild of Mu- sical Artists will continue to fight the efforts of James C. Petrillo, American Federation of Musicians president, to compel all instrumentalists to join the A.F.M., Cora With- erspoon, AGMA executive secretary, asserted after a meeting of the AGMA board of governors yesterday. Miss Witherspoon added that be- cause of pending litigation in the New York Court of Ap- peals and the Department of Justice statement that a Federal grand jury investiga- tion would be started, further details could not be revealed now. March 10 Set for Casanave Hearing Argument on a motion to consolidate actions filed against officers of Na- tional Screen Service and affiliated companies by Charles Casanave was postponed yesterday to March 10 in Supreme Court at White Plains. The separate actions seek a declaratory judgment setting forth that the con- tract between Casanave and National Screen's subsidiaries, National Screen Accessories, Inc., and American Dis- play, is valid. National Screen Service attorneys are expected to seek a change of venue to New York where the cases would be heard in conjunction with a suit filed in N. Y. County Supreme Court by National Screen Service, through Herman Robbins and Toby Gruen, di- rectors, against Casanave as vice-presi- dent and general manager of National Screen Accessories. N.Y. Board Leading In Complaints Filed The New York arbitration board took the lead in number of complaints on file when Jack Fields, operator of the Cameo, Jersey City, entered a clearance complaint against all five consenting companies yesterday. The case was the fourth filed in New York. The Washington tribunal is second with three cases pending. Fields' complaint states that he is obliged to follow the Fulton, Apollo and Orient, operated by Skouras The- atres, despite the fact that all three are 500-seat houses, whereas the Cameo seats 1,450. The theatres are all located within a mile of his, the complaint sets forth. Clearance Complaint Filed in Philadelphia Philadelphia, March 4. — The first complaint in this territory under the consent decree was filed yesterday by John Geyser, president of the High Bridge Corp., operating the Florence Theatre in Florence, N. J. The com- plaint charges unreasonable clearance and names the five consenting major distributors, in a situation involving the Fox Theatre at Burlington, N. J., operated by Ben Amsterdam's Atlantic Circuit. Indianapolis Panel Of Arbitrators Set An initial panel of 10 arbitrators for the local board at Indianapolis was named yesterday by the American Ar- bitration Association. The list includes business men, edu- cators, lawyers and financiers, typical of whom are : Louis J. Borinstein, cap- italist and industrialist, and Professor James E. Moffat, head of the depart- ment of economics, Indiana Univer- sity. Tobacco road ...aftei dual opening thurs day which smashei 3 miami records., gives the lincoli theatre bigges saturday in it! HISTORY!!! And at Augusta, Ga. — Opening day of "TOBACCO ROAD beats entire run of "The Grapes of Wrath." DO NO Alert, to the lotion Picture Industry MOTION PICTURE DAILY First In Accu and Impartial iI5 NO. 45 NEW YORK, U.S.A., THURSDAY, MARCH 6, 1941 TEN CENTS NBC Tries Out Live Talent in Color Telecast FCC in Philadelphia on Television Inspection On the eve of the departure of FCC members for a last minute trip through Philadelphia and New York for an inspection of televi- sion developments prior to a hear- ing on television March 20, it was revealed yesterday that NBC had telecast a live talent show in color last Friday. That NBC and RCA would em- bark on color television tests was re- ported in Motion Picture Daily Feb. 13. The transmission involves a me- chanical system with revolving color disks on camera and receiver. NBC withheld announcement of the color telecast but confirmed the fact upon inquiry. Additional tests will be made from time to time in the next few weeks, it was said. FCC members and staff will be in Philadelphia today to inspect the {Continued on page 6) Consolidated Film 1940 Net $590,031 Net income for 1940 of $590,031 was reported by Consolidated Film Industries yesterday. The result com- pares with net of $628,297 for 1939. In his letter to stockholders, H. J. Yates, president, reports that gross income of Republic Pictures for 1940 amounted to S8,330,000, an increase of 4.7 per cent over the preceding year. He states that Consolidated has acquired an additional 139,000 shares of Republic stock during the {Continued on pane 6) Schenck Has Deal On for N. Y. Yanks Joseph M. Schenck yester- day told reporters that he would like to buy the New York Yankees baseball club of the American League. He said he hopes to meet attor- neys representing the Jacob Ruppert estate interests, which own the club, and he will go through with the deal if the price is right and $1,000,000 down will swing it. Kuykendall Is Not A Candidate for MPTOA President Ed Kuykendall, M.P.T.O.A. presi- dent, indicated yesterday he would not be a candidate for reelection to the post at the or- ganization's na- tional board meeting and con- vention scheduled for the first week in June. Inquiry failed to reveal any other candidate in prospect for the post, however, and it is believed that the M. P. T. O. A. board will act to draft Kuy- kendall for an- other term as or- ganization head. He has filled the post for the past six years. Kuykendall left New York for Washington last night. Ed Kuykendall Agreement on 'Star' Publicity on Again Twice disavowed in recent months, only to be reaffirmed again, the "gentlemen's agreement" among New York advertising directors to refrain from using critics' four-star awards symbols in advertising, has emerged stronger than ever from its latest dis- avowal, it was learned yesterday. The agreement was abandoned re- {Continued on page 6) American Way Washington, March 5. — Ob- served in line in front of the Keith's Theatre box-office a few nights ago were Lord Halifax, British Ambassador to the United States, and Lady Halifax. A phone call from the Embassy would have made his wait at the ticket window unnecessary but he chose to enter in the regular way. Gov't Opens Trial Of Joseph Schenck "I enter this trial with complete con- fidence," Joseph M. Schenck, 20th Century-Fox board chairman, stated yesterday as the trial of the Govern- ment suit against him and Joseph H. Moskowitz, assistant to Schenck, started before Federal Judge Grover M. Moscowitz. "No man ever complained that I did him any wrong — much less have I wronged my Government," Schenck added. After a jury was impaneled, U. S. Attorney Matthias F. Correa outlined the charges in the indictment in his opening statement. Correa informed the court that he expected the prose- cution to take between 10 days and two weeks while Harold R. Corbin, attorney for the defense, predicted that the trial would continue for five or six weeks. Correa referred to transactions in which he claimed Schenck had profited but upon which no income taxes had been paid. Seattle Theatres Get Taste of War In Test Blackout Tomorrow Night By WILLIAM A. PRAGER Seattle, March 5. — A taste of possible things to come in this day of wars and impending wars, as they would affect the amusement industry of the United States were the clouds of war to come down over this country, will be provided the population of this city on Friday. Along with other businesses, motion picture theatres and other places of amusement in this major city of the Northwest will undergo a blackout. The blackout will last for a half-hour, from 10:30 to 11 P.M., in an experiment conducted by the U. S. War and Navy Departments. This will be the first blackout experiment in the country, and may be the forerunner of others on American coastal cities on the Atlantic and Pacific Oceans. Entertainment as usual will be provided in the interior of Seattle's theatres, but the usually brilliant exteriors of the houses will be completely dark during the half-hour blackout, as will all other exterior lights in the city. There are approximately 50 film theatres in Seattle, which has a population of 367,000. This city is the county seat of King County, which has a population of about 463,500, most of whom seek their entertainment in the city. First Hearing On Arbitration Set in Capital Arbitrator Is Named in Walbrook Case Washington, March 5. — The distinction of being the first arbitra- tion case to be scheduled for hear- ing under the industry's new arbi- tration system went today to the Walbrook Theatre's clearance com- plaint, which was also the first case filed. E. Barrett Prettyman, promi- nent local attorney, was unani- mously selected by the parties involved in the Walbrook's complaint as the first arbitra- tor to have jurisdiction over an industry case. He set the hearing for March 25. The Walbrook, a Baltimore house, operated by Thomas Goldberg, charges unreasonable clearance and names 20th Century-Fox, Warners and three competing Baltimore theatres operated by the Frank H. Durkee Circuit. The complaint was filed Feb. 7. Thus, {Continued on page 6) Estimate $500,000 6U' Net in Quarter Universal's net profit for the first quarter of the company's current fis- cal year is estimated by Wall Street sources in excess of $500,000, or sub- stantially above the net profit of $460,631 reported by the company for the corresponding quarter the year before. It was disclosed yesterday that Nate J. Blumberg, Universal president, and {Continued on page 6) Minn. Sets March 13 For 5-Block Hearing St. Paul, March 5. — The general legislation committee of the Minnesota Senate late today set March 13 for a hearing on the bill designed to con- travene the block-of-five provision of the Federal consent decree. Opposi- tion appeared when the bill came up. Reviewed Today Reviews of "Here Comes Happiness" and "A Danger- ous Game" appear on Page 3. Short subject reviews on Page 6. 2 Motion Picture Daily Thursday, March 6, 1941 Pilfered Pipes Denver, March 5 B ERNIE HYNES, manager of the Fox Denver, is be- ginning to worry. Last year burglars broke into the house and stole 50 pipes from the organ, cramping the organ- ist's style when special ef- fects were desired. The other night, almost a year to the day, 40 more pipes were miss- ing when the doors were opened. N.Y. Measure Bans Admission Refusal Albany, March 5.— A bill intro- duced into the New York legislature today by Assemblyman Irwin David- son would insert a new section in the Civil Rights Law prohibiting wrongful refusal of admission and wrongful ejection from places of entertainment, including theatres. The measure provides, in effect, that no person over 21 years who pre- sents a ticket of admission at a reason- able time before the beginning of a performance shall be denied admission. It provides also that a patron cannot be asked to leave even if the theatre offers to refund the admission price, when nothing tending toward a breach of the peace is committed. Albany, March 5. — Senator Alex- ander Falk yesterday introduced meas- ures amending the law in relation_ to discrimination in businesses affecting the public interest. Assemblyman Wil- liam Andrews previously introduced the measure in the Assembly, The discrimination situation _ was aired before the Assembly Judiciary Committee at a public hearing yester- day afternoon. N. Y. Allied Meeting In Buffalo March 18 The New York State Unit of Na- tional Allied, which is in process of formation, will hold a regional meet- ing at Buffalo on March 18 at which two representatives will be selected to serve on the organizing committee. The New York City and Albany re- gions are already organized. The organizing committee is direct- ing activities until a state-wide meet- ing is held at which officers will be elected. Max Cohen of the Lido, Brooklyn, and Robert Goldblatt of the Music Hall, Tarrytown, represent the New York City area. Albany is rep- resented by Abe Stone of Albany and Leonard Rosenthal of Troy. Personal Mention MR. and MRS. EDWIN L. WEISL left yesterday for Cali- fornia. • E. Z. Walters, comptroller of Al- tec, has returned from a Florida va- cation. • Nat Holt, RKO Theatres division manager, left for his headquarters in Cleveland last night. • Herman Wobber, Leo Spitz, Nate Blumberg, Sam Shain, William C. Gehring, Malcom Kingsberg, Nat Holt and Lowell Calvert lunching at the Plaza Grill yesterday. • William C. Gehring, Central di- vision manager for 20th Century-Fox, left last night for Detroit and Chicago and expects to return here Saturday. • Frank Culp, manager of the Fox Tabor in Denver, is recovering from an operation. • J. Louis Rome, circuit operator in Baltimore, is on a month's visit to the Coast. • Herbert J. Bowers of the Comer- ford Circuit, Scranton, and Eliza- beth Anne Finnerty were married there recently. • Katherine Braggs, secretary to John Nolan, Comerford film buyer in Scranton, has recovered from an illness. • Frank Mullen, M-G-M office manager in New Haven, has returned to his post after recovering from a leg inj ury. • Vernon Burns, assistant at the Bijou, New Haven, is on a leave of absence. • Matt Schulter, in charge of book- ing for the St. Louis Amusement Co., is vacationing in Hot Springs, Ark. J ROBERT RUBIN has left New • York for a West Coast business and vacation trip. • Lou Weinberg, Abe Schneider, Harry Buckley and John Wright lunching yesterday at Lindy's (next to the Rivoli). • James Mulvey, Maurice Silver- stone, Gracte Allen, George Burns, Fred Allen, and Kenny Baker hav- ing lunch at Lindy's (51st St.) yes- terday. • Budd Rogers, Ben Blake, Monroe Greenthal, Dave Lipton, and Doug- las Rothacker at the Tavern yes- terday for lunch. • Milton Kusell, J. J. Unger, George Dembow, Owen Davis, George Jessel, and Guy Bolton lunching yesterday at Nick's Hunting Room in the Astor. • R. B. Wilby, Charlotte, and M. A. Lightman, Memphis, are in New York for Paramount home office con- ferences. • Robert C. Sherwood, Columbia producer, left New York for Wash- ington last night. • Sam Briskin is en route to the Coast. • Jackson Shields Hurford, man- ager of the Fox, Detroit, has returned from a two-week Florida vacation with Mrs. Hurford. • John Roberts, chief booker for the Comerford Theatres in Scranton. and Mrs. Roberts celebrated their 25th wedding anniversary this week. • Everett C. Callow, Warner pub- licity chief in Philadelphia, has been appointed honorary member of the Notre Dame Club of that city. Late News Flashes from the Coast Rodgers Speaks at Ampa Meet Today William F. Rodgers, M-G-M gen- eral sales manager, will address the Ampa luncheon meeting at the Hotel Edison today on the functions of ad- vertising and publicity in the indus- try. Harry Goldberg, Warner The- atres director of advertising and pub- licity, will be toastmaster. Among those in attendance will be Ralph Pielow, New York exchange manager for M-G-M, wbose recent appointment to that post has been warmly received here, according to trade circles. Olga Karga-u will en- tertain with songs before tbe speaking starts. Hollywood, March 5 SPYROS SKOURAS, head of National Theatres, arrives tomorrow from New York to conduct the circuit's annual meeting at Arrowhead Springs. About 60 executives, including division managers, film buyers and home office representatives, will be present. The meeting is expected to last until the end of the week. Charles Skouras heads the Los Angeles delegation. • • James H. Stedman, investigator for the Dies Congressional committee on un-American activities, today reopened the committee's offices in the Federal Building in Los Angeles and indicated that film personalities interviewed some time ago would be recalled in a continuation of the committee's investigation. • • I.AT.S.E. locals today decided to appeal to the International Alliance for assistance in pushing negotiations for new wage scales and working conditions. The decision was reached at a meeting by representatives of costumers, la- borers, projectionists and grips. Property Men's Local 44 already has asked the International to take over the studio locals' autonomy, while Charles Ferguson of Local 728 said he would take the matter up with his board. Arthur M. Loew, vice-president of Loew's in charge of foreign activities, left last night for a week's stay at Palm Springs before returning to New York. • • Lou Brock, producer, having completed "They Met in Argentina'' for RKO will check off the lot this week. • • Republic today extended the contracts of Roy Rogers and George (Gabby) Hayes, featured together in westerns. Name Committees on Variety Club Party Atlantic City, March 5. — Repre- I sentatives of 15 local clubs met here the other day to make prep- arations for the national convention of Variety Clubs, May 15-17. The : Traymore will be convention head- quarters and scene of the anniversary banquet on Friday evening, May 16, at which time the Humanitarian Award will be made. With 25 present, the following conveni committees were appointed: Harris Heads Committee John Harris, convention chairman; Louis Rome, Earle W. Sweigert and Collier Barron, co-chairmen; Frank P. Gravatt, executive finance ; Grad- well L. Sears and Ned E. Depinet, Eastern honored guests ; Robert J. O'Donnell. Walter Wanger, Paul Short, Western honored guests; Harry Mayer and Edward Sherman, entertainment : William Clark, trans- portation ; Mort Lewis and George Weilland, greeters ; Ted Schlanger, Boardwalk parade ; Emanual Munzer, Boardwalk stores and decorations; Henry Freedman. registration and hotel ; Jay Emanuel, souvenir pro- gram make-up ; Charles E. Lewis, program advertising. Golf Committee Named Bert King, Sam Galanty and John Howard, golf tournament ; William McAvoy, Jr., technical and decora- tions ; Max Leven, souvenir badge and events ; Charles E. Lewis and Mau- rice D. Kann, publicity and general advertising; Earle W. Sweigert, newsreel ; Jay Emanuel, photographic and highlights ; Frank Elliott, fishing party and expedition ; Jack Beresin, banquet food and Friday evening din- ner ; Leon Rains, boxing show ; Dr. Leon Levy, radio ; William McAvoy, Jr., games, equipment and money scrip ; Dave Barrist, special events ; John Maloney, hearts; Hardie Mea- kin, Humanitarian Award ; James Balmer, attendance ; Earle W. Swei- gert, attendance; Ray O'Rourke, ex- hibition, and Charles Goldfine, gen- eral utility. Edwin Percival Dies Santa Barbara, Calif., March 5. — Edwin Percival, 62, former Canadian theatre manager and uncle of Norma Shearer, died at his home near here yesterday after a lingering illness. MOTION PICTURE DAILY (.Registered V. S. Patent Office) Published daily except Saturday, Sunday and holidays by Quigley Publishing Cempany, Inc., 1270 Sixth Avenue, Rockefeller Center. New York City. Telephone Circle 7-3100. Cable address, "Quigpubco. New York." Mar- tin Quigley, Editor-in-Chief and Publisher; Colvin Brown, Vice-President and General Manager; Watterson R. Rothacker, Vice- President; Sam Shain, Editor; Alfred L. Finestone, Managing Editor; James A. Cron, Advertising Manager; Chicago Bureau. 624 South Michigan Avenue, C. B. O'Neill. Manager; Hollywood Bureau. Postal Union Life Building-, William R. Weaver, Editor; Leon Friedman, Manager; London Bureau, 4 Golden Square, London Wl ; Hope Wil- liams, Manager, cable address "Quigpubco. London." All contents copyrighted 1941 by Quigley Publishing Company. Inc. Other Quigley publications: Motion Picture Herald. Better Theatres, International Motion Pic- ture Almanac and Fame. Entered as second class matter. Sept. 23, 1938, at the post office at New York. N. Y., under the act of March 3. 1879. Subscription rates per year in the Americas and S12 foreign. Single rrtrtips 1 Or Thursday, March 6, 1941 Motion Picture Daily h 4Rio Grande,' Show $14,300, Milwaukee Milwaukee, March 5. — The week's best gross was Earl Carroll's "Vani- ties" with the film, "Romance of the Rio Grande" at Fox's Wisconsin with $14,300. "The Invisible Woman" at the Riverside, with a stage show, took $12,600. Estimated takings for the week end- ing Feb. 25-27 : "Virginia" (Para.) ^Life With Henry" (Para.) ^"lALACE— (2,400) (30c-40c-55c) 7 davs. -«-"ss: $7,800. (Average, $4,000) ^*The Invisible Woman" (Univ.) RIVERSIDE — (2,700) (33c-44c-55c) 7 days. Stage: Andrews Sisters. Gross: $12,600. (Average, $6,500) "Come Live With Me" (M-G-M) "The Wild Man of Borneo" (M-G-M) STRAND— (1,400) (30c-40c-55c) 7 days. Gross: $2,000. (Average, $1,500) "Strawberry Blonde" (W. B.) "She Couldn't Say No" (W. B.) WARNER— (2,400) (30c-40c-55c) 7 days. Gross: $6,CO0. (Average, $4,500) "Romance of the Rio Grande" (20th-Fox) WISCONSIN— (3.200) (40c-55c) 7 days. Stage: Earl" Carroll's "Vanities." Gross: $14,300. (Average, $5,500) 'Virginia' $4,500; Montreal in Slump Montreal, March 5. — "Virginia" and "Keeping Company" at the Capi- tol was the only bill to do better than average business in a slow week, with $4,500. "The Philadelphia Story" drew $6,500 in the second week at Loew's. Estimated takings for the week end- ing Feb.- 27: ■ "Kit Carson" (U. A.) "Where Did You Get That Girl?" (Univ.) ORPHEUM— (1,000) (30c-43c) 7 days. Gross: $3,500. (Average, $4,000) "The Philadelphia Story" (M-G-M) LOEW'S— (2,900) (30c-40c-60c) 7 days, 2nd week. Gross: $6,500. (Average, $7,000) "Kitty Foyle" (RKO) PALACE— (2,200) (25c-45c-6Sc) 7 days. Gross: $5,500. (Average, $7,000. "Virginia" (Para.) "Keening Company" (M-G-M) CAFITOL— (2,800) (25c-45c-55c) 7 days. Gross: $4,500. (Average, $4,000) "Dulcy" (M-G-M) "Gall and Sons" (M-G-M) PRINCESS — (2,200) "(25c -40c -50c) 7 days. " .,900. (Average, $2,500) Gross 'Virginia' $7,000 New Haven's High New Haven, March 5. — A week of school vacation helped business. The Paramount with "Virginia" and "Blackout" took $7,000. "Strawberry Blonde" and "Father's Son" at the Roger Sherman grossed $6,600. Estimated takings for the week end- ing Feb. 28 : "Land of Liberty" (M-G-M) "Laddie" (RKO) COLLEGE — (1,499) (39c-50c) 7 days. Gross: $1,700. (Average, $2,700) "Andy Hardy's Private Secretary" (M-G-M) "Lcne Wolf Keeps a Date" (Col.) LOEW-POLI— (3,040) (39c-50c) 7 days. Gross: $9,500. (Average, $8,000) "Virginia" (Para.) "Blackout" (U. A.) PARAMOUNT— (2,348) (39c-50c) 7 days. Gross: $7,000. (Average. $4,500) "Strawberry Blonde" (W. B.) "Father's Son" (W. B.) ROGER SHERMAN— (2,200) (39c-50c) 7 days. Gross: $6,600. (Average, $5,000) Wobber Leaves on Trip to Hollywood Herman Wobber, in charge of dis- tribution for 20th Century-Fox, left yesterday on a trip to the Coast. En route he plans to stop off at Den- ver, Salt Lake City, Portland, Ore., San Francisco and Los Angeles. He is expected to be gone about three weeks. Feature Reviews "Here Comes Happiness" ( Warners) 'TPHE problem of a poor young man in love with an heiress and the A difficulties of a rich young girl who can't find a "real" man within her own set are re-examined in "Here Comes Happiness." Mildred Coles is the girl and Edward Norris is the man, while Richard Ainley rounds out the triangle as the fortune seeker who loves Miss Coles for her father's money. Miss Coles is about to be engaged to Ainley but she refuses to go through with it. Her social-climbing mother, Marjorie Gateson, is shocked. Her father, Russel Hicks, remembering his hard-working days as a prospector, secretly approves. Miss Coles takes an apartment in the Bronx where she meets Norris and falls in love with him. Norris fails to understand when he sees her in the company of several rich men, but Hicks works out a reunion. Although it is a simple story, Noel M. Smith, who directed, has pro- vided several humorous sidelights and the film should make satisfactory program fare. William Jacobs was associate producer. Running time, 58 minutes. "G."* Edward Greif "A Dangerous Game' (Unwersal) A NOTHER in the series of socalled adventures teaming Richard \V'Arlen and Andy Devine in the leading roles, this film is out-and- out farce, with little to recommend it to other than double bill addicts in the lesser situations. It is composed largely of slapstick excitement and "rarely climbs above that level. A satirical yarn poking fun at the eerie type of detective- murder mystery, the story lacks the touch of subtle cleverness which is a necessary ingredient of the better films of its kind. John Rawlins, who directed, apparently concentrated on providing as much general noise and excitement as could be engendered from a' sanitarium for the seemingly insane, a man obviously under the influ- ence of drugs, another with a satchel containing an enormous sum in cash, a murder and a whole set of utterly ridiculous crooks all after the money. Arlen emerges as an insurance detective and Devine posing as a masculine nurse in the sanitarium, as Arlen's assistant. Running time, 61 minues. "G." * Charles S. Aaronson. * "G" denotes general classification. Hearings Resumed On Publicists' Plea Hearings were resumed yesterday at the Natiqpal Labor Relations Board offices here before Examiner Daniel Baker on the petition of the Screen Publicists Guild for designa- tion as collective bargaining agency in the Warner and M-G-M publicity and advertising departments. Taking of testimony was completed -several weeks ago in the .cases against the other six major companies. The hearing yesterday was con- cerned chiefly with presentation of evidence by the Guild concerning the workings of the advertising and pub- licity departments of the two com- panies involved in order to lay the basis for a determination of which employes are eligible to _ vote for a collective bargaining agenc}r. Managers Threaten To Strike in Detroit Detroit, March 5. — Claiming that its members were compelled to do janitor work, Local No. 22,313 of the Theatre Managers and Assistant Managers Union has served notice with the state labor board of inten- tion to strike against the William J. Schulte circuit of neighborhood the- atres. Fox Sets Reduced Price in Wisconsin Milwaukee, March 5. — Twenty- cent early bird prices have been insti- tuted by Fox in a number of its houses around the state on various days in the week. At its Orpheum in Green Bay, a "shoppers' bargain mati- nee" of 20 cents until 2 P.M. is being offered daily while at the Fox in Stevens Point, the 20-cent admission until 6 P.M. has been inaugurated on Wednesdays, Thursdays, Fridays and Saturdays. At Beaver Dam, Fox is now operat- ing its Odeon all day from 2 P.M. on with a 20-cent admission policy pre- vailing to 6 P.M. on Tuesdays, Wed- nesdays, Thursdavs and Fridays and 20 cents to 4 P.M. on Saturdays and 30 cents to 2 P.M. on Sundays. Mati- nee shows have also been instituted by the circuit at its Venetian and Zenith theatres here with a T5-cent admission to 2 P.M. and 20 cents to close at the former house on the first three days in the week. Para. Partners Will Convene in Chicago Chicago, March 5. — Paramount theatres associates will hold a pre- liminary meeting here late this month before leaving for their scheduled meeting at White Sulphur Springs, W. Va., March 27-29. 'Virginia' Grosses $12,000 in St. Louis St. Louis, March 5. — "Virginia," dualed with "Golden Hoofs," at the Ambassador led the city with $12,000. "Back Street" garnered $5,200 in its second week, having moved to the Missouri from the Ambassador. Estimated takings for the week end- ing Feb. 27: "Virginia" (Para.) "Golden Hoofs" (20th-Fox) AMBASSADOR — (3,018) (28c-39c-44c-56c) 7 days. Gross: $12,000. (Average, $11,500) "Buck Private" (Univ.) "Flight from Destiny" (W. B.) FOX— (5,038) (30c-40c-50c) 7 days. Gross: $9,500. (Average, $11,000) "Back Street" (Univ.) "Six Lessons from Madame LaZonga" (Univ.) MISSOURI— (3,514) (30c-40c-50c) 7 days, 2nd week. Moved from Ambassador. Gross: $5,200. (Average, $4,000) "The Son of Monte Crista" (U. A.) "Nobody's Children" (Col.) LOEW'S STATE— (3,162) (28c-39c-44c- 56c) 7 days. Gross: $8,5C0. (Average, $13,- 000) "Michael Shayne, Private Detective" (2ttth-Fox) "Little Men" (RKO) ST. LOUIS— (4,003) (2Sc-30c-35c) 7 days. Gross: $1,900. (Average, $2,600) 'Western Union' at $8,000, Kansas City Kansas City, March 5. — "Western Union" took $3,500 at the Esquire and $4,500 at the Uptown, for a total of $8,000. "Virginia" scored $9,000 at the Newman. Estimated takings for the week end- ing Feb. 25-27 : "Western Union" 20th-Fax) ESQUIRE-(800) (28c-44c) 8 days. Gross: $3,500. (Average, 8 days, $2,000) "The Philadelphia Story" (M-G-M) "Maisie Was a Lady" (M-G-M) MIDLAND— (4,000) (28c-44c) 7 days. 2nd week. Gross: $8,400. (Average, $9,500) "Virginia" (Para.) NEWMAN— (1,900) (28c-44c) 7 days. Gross: $9,000. (Average, $7,000) "Mr. and Mrs. Smith" (RKO) "The Case of the Black Parrot" (W. B.) ORPHEUM— (1,500) (28c-44c) 7 days. Gross: $5,000. (Average, $5,000) "Ridin" on a Rainbow" (Rep.) TOWER— (2,200) (30c) 7 days. Stage: Clyde Hager, Three St. John Bros., Win- ston & Lolette. Gross: $7,000. (Average, $6,000) "Western Union" (20th-Fox) UPTOWN— (2,000) (28c-44c) 8 davs. Gross: $4,500. (Average, 8 days, $3,400) 'Story' with $9,000 Tops Indianapolis Indianapolis, March 5. — "The Philadelphia Story" and "Gallant Sons" were strong in their second week at Loew's, with $9,000. "Straw- berry Blonde" and "Convoy" did $7,000 at the Indiana. Estimated takings for the week end- ing Feb. 28 : "Virginia" (Para.) "Let's Make Music" (RKO) CIRCLE — (2,800) (28c-33c-44c) Gross: $6,500. (Average. $6,000) "Strawberry Blonde" (W. B.) "Convoy" (RKO) INDIANA— (3,200) (28c-33c-44c) 7 days. Gross: $7,000. (Average, $6,000) "The Philadelphia Story" (M-G-M) "Gallant Sons" (M-G-M) LOEW'S— (2,800) (28c-33c-44c) 7 days. 2nd week. Gross: $9,000. (Average, $7,000) "Road Show" (U. A.) LYRIC — (2,000) (28c-33c-44c) 7 days. Stage: Maxine Sullivan; John Kirby and His Orchestra. Gross: $9,200. (Average, $8,000) days. Honor 'U' Manager Cincinnati, March 5.— To honor Peter Rosian, Universal branch man- ager here, the exchange will conduct a special playdate drive from April 6 to May 10, at the conclusion of the William Scully drive. Ml WARNERS MADE THE SEA HAWK ROfiSONltf ID THE THUNDERING SEA EPIC TO TOP IT! ho mm OF TERROR MLOIVT lv bv *obert RosW« • 6 Motion Picture Daily Thursday, March 6, 194 Short Subject Reviews First Hearing On Arbitration Set in Capital (Continued from page 1) slightly more than six weeks will have been required to bring the case to hearing. Reports that the case would be set- tled before going to hearing were heard in Washington and Baltimore shortly after it had been filed. How- ever, principals in the case subse- quently made emphatic denials, assert- ing that a question was at stake on which a final decision was desired. Braden to Talk On Film Arbitration J. Noble Braden, executive secretary of the American Arbitration Associa- tion, will discuss the organization and functioning of the motion picture and other arbitration systems at two forums next week. On Monday he will address the Wharton School of Finance and Commerce at the Uni- versity of Pennsylvania in Philadel- phia, and the following day he will address the Harvard School of Busi- ness at the Harvard Club here. Estimate $500,000 4U' Net in Quarter (.Continued from page 1) Joseph H. Seidelman, vice-president and foreign manager, will conduct a convention of the company's Latin American sales representatives in Panama, April 2 to 6. C. C. Margon, Latin American supervisor, and For- tunat Baronat, foreign publicity man- ager, will accompany them. Peyton Gibson, secretary of the company, will be proposed for elec- tion to the Universal board of direc- tors at the annual meeting of stock- holders in Wilmington, March 15, to. fill the post left vacant by the resig- nation some time ago of William Frei- day. Gibson was designated by the board recently to serve out Freiday's unexpired term. All present members of the board will be proposed for re- election. In addition, the stockholders will act on the new seven-year contracts for the company's seven "key" execu- tives. They will also vote on a pro- posed amendment to the company's by-laws which would indemnify cur- rent and former directors and officers and their personal representatives against all costs and expenses result- ing from legal actions to which they were made parties by reason of their positions, except upon findings of their having acted in bad faith. Consolidated Film 1940 Net $590,031 (Continued from page 1) past two months and reports that during 1940 Republic acquired film exchanges in New York, Philadelphia, St. Louis, Omaha and Des Moines. Consolidated's net sales and royal- ties for 1940 amounted to $7,235,337. The company reported cash on hand and in banks of $601,335 ; total cur- rent and working assets of $6,374,288, and total current liabilities of $1,- 150,652. "Splits, Spares and Strikes" (Columbia) The current feminine interest in bowling should make this a worth while subject as the right and wrong way of heaving the ball is made clear by Tillie Taylor, expert extraordinary. Miss Taylor performs gracefully and scores a strike invariably. A few trick shots are included. By way of contrast, a plump miss clumsily tries her hand at the game. Running time, 10 mins. "Take It Or Leave It, No. 3" (Columbia ) Bob Hawk conducts for the screen another quiz based on his radio pro- gram. Four coiiteVtants answer a va- ried lot of queries but only one."wifts the maximum $64. Finally a jackpot question is given to the contenders 'on the screen and the audience. Running time, 11 mins. / "Mad About Moonshine" (RKO) Edgar Kennedy, Vivian Oakland and Bill Franey go to the hill billy country to produce lots of laughs in this two-reel comedy. Kennedy is be- rated by his wife because he can't make any decisions when he learns that his father-in-law has inherited an estate. Franey knows the estate is worthless but finally accepts Ken- nedy's repeated offers to buy. When they get to the "estate" they find themselves in the midst of an old feud and with a charge of moonshining lodged against them. Running time, 19 mins. "From Singapore to Hong Kong" (Columbia) In undistinguished fashion the camera moves through the streets of Singapore and Hong Kong and the commentator calls attention to such points of interest as junks, rickshas and the oriental dress, all of which have been seen before. Running time, 10 mins. "Community Sing, No. 5" (Columbia) The audience is asked to sing in company with Lew White's organ, heard but not seen, and a group of vo- calists. The songs played are "Be- yond the Blue Horizon," "Walkin' My Baby Back Home," "You've Got Me This Way," "Beautiful Dreamer" and "So You're the One." There is noth- ing unusual about the short. Running time, 10 mins. "Fresh as a Freshman" (Columbia) Here David Durand, Paul Hurst, Wally Vernon, Rita Rio and others are assembled in a comedy affair in college. The comedy is unadulterated slapstick with the dean continually the victim of a fiving- shoe or somethi ig equally effective in rendering him un- conscious. Miss Rio's work is limited to one song and a small part in the story. Running time, 18 mins. "Forbidden Passage" (M-G-M) This "Crime Does Not Pay" short, in exploring the racket of smuggling aliens into the country, is exciting and tense and at times achieves a degree of stark realism that is almost unbearable. Upon finding bodies wrapped in sacks and chains in Florida waters, the immigration agents investigate and by clever de- vices eventually uncover the racket. Running time, 21 minutes. "Wild Boar Hunt" (Warners) Howard Hill, who is described as the "world's greatest archer," again demonstrates that the title is justified. Here he embarks on a boar hunt with his 'three dogs and 'during the search handles the bow with incredible speed arid accuracy. Most of the shots are repeated in slow motion. The/final se- quences are mote exciting ak Hill is seen rescuing iwith a timely shot a farmer being attacked by a 'boar. It is all very thrilling and well done in color. Running time, 10 mins. "Picture People, No. 6" (RKO-Pathe) Here is a lively little short with big film names which should please. On view are Warren William with a vac- uum cleaner to take up leaves from the lawn ; Jerry Colonna, Smiley Burnette and Preston Foster harmonizing in a ditty about a coyote ; Anita Louise in herhoneymoon cottage, and C. Aubrey Smith working in his garden. Charles Laughton and Elsa Lanchester wind up the reel with a radio rehearsal di- rected by Arch Oboler. First rate. Running time, 10 mins. ' "Sniffles Bells the Caf ( Warners) A group of mice decides that the only way to leafn when the cat is ap- proaching is to tie a bell around his neck. The smallest, Sniffles by name, is elected to do the job. His finally successful effort, sometimes amusing, forms the main body of the cartoon. Running time, 7 mins. "Fight, Fish, Fight' ( W arners) A marlin expedition in the New Zealand Bay of Islands with Mr. and Mrs. Michael Lerner is photographed well in color and the result is truly exciting entertainment. From the time a sea monster, said to weigh 706 pounds, nibbles on Lerner's hook to the time he is reeled in the battle is thrilling. The surrounding country, filmed in color, adds to the effect. Running time, 10 mins. "Ice Capers" (Columbia) This an ice skating demonstration by Olympic Champion Irving Jaffee, who essays a dual role, champ and chump. It might prove instructive for the attentive winter sport enthusiast since Jaffee's maneuvering on the ice is masterful. As the chump charac- ter, Joe Flop, donning high hat and fur coat, he is seen falling repeatedly in a manner which some may consider amusing. Running time, 10 "mins. NBC Tries Oul Live Talent in Color Telecasl (Continued from page 1) Philco laboratory developments oiH synchronization and will make a sec 1 ond call at the Allen B. DuMont labo ratories here tomorrow. Neither NBC ' nor RCA plans to demonstrate^^) television for the FCC unless a ^ Jt fic request is made, it was said. Friday's telecast was the first liv talent program in color ever to b transmitted over the air here. How ever, CBS had previously tested coin television from films before its trans mitter was compelled to go off thi air for adjustments to a new fre quency. Agreement on 'Star' Publicity on Agair (Continued from page 1)> cently, and all major company adver tising directors were so informed b; the Advertising Advisory Council o M.P.P.D.A. Later, however, severa advertising directors who had beei discouraged from attempting to pre serve the agreement by the latest out break of "star" advertising on Broad way, agreed to give it "one mort trial." Largely influencing their de cision, it was said, was the decisioi of the Rivoli to become a party to flu "agreement." The Rivoli, which was directly re- sponsible for one of the earlier aban donments of the agreement, has noi been a party to the "pact" up to now Some advertising managers yester- day expressed the hope that the Brandt Circuit's Broadway houses might also be brought into the agree- ment later. They are the only house; of standing on Broadway still not par- . ties to it. Warner Ball Saturday / The 12th annual banquet and bal: of the Warner Club takes place Sat urday night in the grand ballroom ol the Hotel Waldorf-Astoria. Aboul 1.500 are expected. Music will be furnished by Jack Teagarden, Ray- mond Scott and their orchestras and by Ramon's Cuban Caballeros. "Take the Air" (Warners) A musical comedy of the "Broad- way Brevities" series, this is ably per- formed by William T. Orr, Mary Brodel, Eddie Foy, Jr., Andrew Tombes and Frank Ferguson. The story concerns Foy's effort to bring new talent to his father's radio sta- tion. Orr becomes involved as a * hitch-hiker who, after accompanying Foy to the station, meets Miss Brodel. Almost immediately they go into a song. The short is gay and entertain- ing throughout. Running time, 20 mins. "The Haunted Mouse" (W arners) A clever variation of the over- worked cat-pursuing-mouse theme, this "Looney Tune" has the cat in alt sorts of perplexities because thei mouse is really a ghost and appears! and disappears. Running time, 7 minsB THE BIG SURPRISE OF ALL LAUGH SENSATIONS . . HENRY TRAVERS • FRANKLIN PANGBORN Mcfedh RICHARD WALLACE HO RADIO vmmmm mmmmm mum COMPLETE THEATRE LIBRARY MOTION ; PICTURE;. 1940-41 edition now in circulation. Worldwide in scope. Completely covers every branch of the business. Who's Who section alone records over 11,000 biographies. The indus- try's most exhaustive refer- ^5 ence manual postpaid Motion Picture Sound Engineering — the most advanced sound manual to date. Prepared by the country's leading sound engineers. 547 pages, explaining every detail of ap- paratus. Profusely illustrated with diagrams, tables, charts $£,50 and graphs postpaid ■ Here is a library of factual information that meets an urgent need. Authoritative manuals expressly prepared for theatremen as practical aids in their daily routine. Glance over the titles! There are books here that should be on your desk now — books that will save you time, effort and expense in the voluminous information they will put at your fingertips. Theatre Management Record is the most simplified book- keeping system yet devised for the exhibitor! No accounting experience necessary. Indi- vidual sections for all operat- ing data. Full tax informa- tion always readily £^ 00 available postpaid The second revision, sixth edition of the Bluebook. Supplemented with sound trouble shooting charts and alphabetical index. 700 pages. A quick trouble-shooter and a sure solution to all projection £7 25 problems postpaid A practical treatise devoted to all the diverse elements of theatre air- conditioning and its operation, includ- ing codes and ordinances regulating installation. An indispensable manual that all theatremen will £4 qq welcome postpaid QUIGLEY BOOKSHOP ROCKEFELLER CENTER, NEW YORK op Thursday, March 6, 1941 MOTION PICTURE DAILY 11 'Wind' Draws $8,700, Holds Seattle Pace Seattle, March 5— With five houses showing holdovers, grosses were down. "Gone With the Wind" drew $8,700 in the second week at the Paramount. The weather was mild Caid dr>'- -Estimated takings for the week end- ing Feb. 28: "Come Live With Me" (M-G-M) BLUE MOUSE — (950) (30c-40c-50c) 7 days, 2nd week. Gross: $3,000. (Average, $4,000) "Virginia" (Para.) "Life With Henry" (Para.) FIFTH AVENUE— (2.500) (30c -40c - sCc - 65c) 7 days. Gross: $6,800. (Average, $7,000) "This Thing Called Love" (Col.) "Phantom Submarine" (Col.) LIBERTY— (1,800) (30c-40c-50c-6oc) 7 days, 3rd week. Gross: $5,500. (Average, $5,000) The Philadelphia Story" (M-G-M) "Michael Shane, Private Detective" (ZOth-Fox) v „ MUSIC BOX— (950) (30c-40c-50c-6:>c) 7 days, 6th week. Gross: $3,400. (Average, $4,000) "Buck Privates" (RKO) "The Case of the Black Parrot" (W. B.) ORPHEUM — (2,450) (30c-40c-50c) 7 days, 2nd week. Gross: $5,700. (Average, $6,000) "Flight from Destiny" (W. B.) PALOMAR— (1,500) (20c-30c-40c-50c) 7 days. Vaudeville headed by Haines Twins. Gross: $4,500. (Average, $5,000) "Gone With the Wind" (M-G-M) PARAMOUNT— (3,050) (40c-58c) 7 days, 2nd week. Gross: $8,700. (Average, $6,000) Speech-Maker St. Louis, March 5.— Harry Crawford, manager of the Ambassador Theatre here, has made 150 speeches before various clubs in the city in the last year. 'Virginia' $10,500 Providence Best Providence, March 5. — The Strand, playing "Virginia" and "Girls Under 21," took $10,500, and "Buck Pri- vates," dualled with "The Invisible Woman," was good for $7,600 at the RKO Albee in the second week. Estimated takings for the week end- ing Feb. 26-27 : "Buck Privates" (Univ.) "The Invisible Woman" (Univ.) RKO- ALBEE — (2.239) (28c-39c-50c) 7 days, 2nd week. Gross: $7,600. (Average, $6.0C0) "Come Live With Me" (M-G-M) "Blondie Goes Latin" (Col.) LOEWS STATE— (3,232) (28c-39c-50c) 7 days. Gross: $10,800. (Average, $11,000) "Strawberry Blonde" (W.B.) "Father's Son" (W.B.) MAJESTIC— (2,250) (28c-39c-30c) 7 days. Gross: $7,500. (Average, $7,000) "Virginia" (Para.) "Girls Under 21" (Col.) STRAND— (2,200) (28c-39c-50c) 7 days. Gross: $10,500. (Average. $6,000) "Hoosier Schoolboy" (Mono.) METROPOLITAN — (3,045) (28c-39c-55c- 75c). Revival. 3 days. Stage show with Marcus All-Girl Revue featuring Hin Low, Sparky Kaye. Flagg and Arnold; Latasha and Lawrence, Roberta Jonay and Ruth Durrell. Gross: $6,800. (Average, $4,700) "Tall, Dark and Handsome" (20th-Fox) FAY'S— (1,800) (33c-39c-44c) 7 days. Stage show with Major Bowes amateurs: Dave Barry. Bridgeport Four, Francis Lacey. Wanda Gibson. Joan & Ernie, Skate O'Maniacs and Ginny Wavne. Gross: $6,000. (Averatre. $5,000) "So Ends Our Night" (U.A.) "Maisie Was a Lady" (M-G-M) CARLTON— (1,526) (28c-39c-50c) 2nd week. Gross: $2,300. (Average "Love Thy Neighbor" (Para.) (3 days) "South of Suez" (W.B.) (3 days) "Kitty Foy'e" (RKO) (4 days) "Hudson's Bay" (ZOth-Fox) (4 days) EMPIRE — (1.200) (20c-28c) 2nd run Gross: $1,900. (Average. $1,700) ' Andy Hardy9 Frisco High, Gets $17,500 San Francisco, March 5. — Busi- ness held up well here with favorable weather. The Fox took $17,500 with "Andy Hardy's Private Secretary" and "Murder Among Friends." "Gone With the Wind" took $14,500 in the second week at the Warfield. Estimated takings for the week end- ing Feb. 25-28 : "Mr. and Mrs. Smith" (RKO) GOLDEN GATE— (2,850) (35c-40c-5c) 7 days, 2nd week. Stage: Vaudeville. Gross: $15,000. (Average, $15,000) "Virginia" (Para.) "Wild Man of Borneo" (M-G-M) PARAMOUNT - (2,740) (15c-35c-40c-50c) 7 days. Gross: $12,800. (Average, $11,500) "Andy Hardy's Private Secretary" (M-G-M) "Murder Among Friends" (20th-Fox) FOX — (5,000) (15c-35c-40c-50c) 7 days. Gross: $17,500 (Average, $16,000) "Western Union" (20th-Fox) "You're the One" (Para.) ST. FRANCIS— (1,400) (15c-35c-40c-50c) 7 days, 2nd week. Gross: $5,300. (Average, $6,000) "The Devil Commands" (Col.) "The Face Behind the Mask" (Col.) ORPHEUM— (2,440) (15c-35c-40c-50c) 7 days. Gross: $7,300. (Average, $8,000) "Gone With the Wind" (M-G-M) WARFIELD— (2,680) (25c-40c-55c) 7 days, 2nd week. Gross: $14,500. (Average, $12,- 000) "Road Show" (U. A.) UNITED ARTISTS — (1,200) (15c-35c- 40c-55c) 7 days. Gross: $7,000. (Average, $8,000) "They Met on Skis" (C. L. Import) CLAY— (400) (15c-35c-45c) 7 days, 2nd week. Gross: $700. (Average, $1,000) Minneapolis Gives $13,000 to 'Sierra' Minneapolis, March 5. — "High Sierra," with a stage show, did $13,000 at the Orpheum in a generally good week, despite adverse weather conditions. Estimated takings for the week end- ing Feb. 28: "High Sierra" (W. B.) ORPHEUM— (2,800) (28c-39c-44c-55c) 7 days. On stage, Clyde McCoy orchestra, Gil Lamb, Bennett Sisters, Hudson Won- ders, others. Gross: $13,000. (Average, $5,500) "Virginia" (Para.) STATE — (2,300) (28c-39c-44c) 7 days. Gross: $8,500. (Average, $6,000) "Flight From Destiny" (W. B.) WORLD— (350) (28c-39c-44c-55c) 7 days. Gross: $2,200. (Average, $1,600) "Honeymoon for Three" (W. B.) GOPHER— (998) (28c) 8 days. Gross: $3,200. (Average, $2,500) "This Thing Called Love" (Col.) CENTURY— (1,600) (28c-44c) 7 days, 2nd week. Gross: $5,500. (Average, $4,000) "Li'l Abner" (RKO) 5 days "Charter Pilot" (ZOth-Fox) S days "Face Behind the Mask" (Col.) 2 days "Lef s Make Music" (RKO) 2 days ASTER— (900) (15c-28c) 7 days. Gross: $2,300. (Average, $1,800) days, $3,500) 'Wind' in Detroit Garners $19,000 Detroit, March 5.— "Gone With the Wind," at the United Artists in its second week at normal prices, grossed $19,000. The Michigan reported $20,000 with "Virginia" and "You're The One." Estimated takings for the week end- ing Feb. 27: 7 days. (Aver Sets Weekly Vaudeville Stamford, Conn., March 5. — The Palace here has changed its policy to include vaudeville exclusively one day a week and straight films the other six days. "Back Street" (Umv.) "Meet the Chump" (Univ.) ADAMS— (1,600) (15c-39c-44c-55c) "Street," 2nd week. Gross: $6,000. age. $5,500) , „ . "Flight Command" (M-G-M) "The Thief of Bagdad" (U. A.) FISHER— (2,700) (15c-39c-44c-55c) / days. Gross: $6,600. (Averaere. $7,000) "Western Union" (20th-Fox) "Blcndie Goes Latin" (Col.) FOX— (5.000) (20c-44c-5Sc-65c) 7 days, 2nd week. Gross: $14,000. (Average, $15,000) "Virginia" (Para.) "Ycu're the One" (Para.) MICHIGAN— (4.000) (15c-39c-44c-55c-65c) 7 davs Gross: $20,000. (Average, $12,000) "Hiirfi Sierra" (W. B.) "Kitty Foyle" (RKO) PALMS— (3,000) (25c -39c -44c -55c) 7 days. Gross: $10,000. (Average, $7,000) "Gone With the Wind'" UNITED ARTISTS- davs, 2nd week. Gros< * m. ooo) "Fantasia" (Disney) WILSON— (1.400) (75c-$1.10-$1.6S). $15,000. (Average, $10,000) 'Blonde' and Show $19,400 in Capital Washington, March 5. — "Straw- berry Blonde" at Warners' Earle with a stage show drew $19,400. "Tall, Dark and Handsome" took $18,500 with a show at Loew's Capitol. Estimated takings for the week end- ing Feb. 27-28 : "The Philadelphia Story" (M-G-M) LOEW'S PALACE— (2,300) (39c-55c) 7 days, 3rd week. Gross: $12,200. (Average, $8,000) "Strawberry Blonde" (W. B.) WARNER'S EARLE— (2,200) (28c-39c-44c- 66c-77c) _ 7 days. On stage: Minnevitch's Harmonica Rascals, Naitto Troupe. Hoo Shee, Roxyettes. Gross: $19,400. (Average, $15,000) "Tall, Dark and Handsome" (20th-Fox) LOEW'S CAPITOL— (3,434) (28c-39c-44c- 66c-77c) 7 days. On stage: Henry Busse and Orch., Ross Wyse, Jr., and June Mann, Eunice Healey and Ginger Harmon. Gross: $18,500. (Average, $15,500) "Back Street" (Univ.) RKO KEITH'S— (1,834) (39c-55c) 7 days, 3rd week. Gross: $7,500. (Average, $5,000) "Virginia" (Para.) WARNER'S METROPOLITAN— (1,600) (28c-44c) 7 days, 2nd week, return engage- ment. Gross: $5,600. (Average, $4,500) "Maisie Was a Lady" (M-G-M) LOEW'S COLUMBIA— (1,250) (28c-44c) 7 days, return engagement. Gross: $4,000. (Average, $4,000) 'Smith' Draws Good $17,800, Los Angeles Los Angeles, March 5. — "Mr. and Mrs. Smith" drew a total of $17,800 at two theatres in the second week, . ,500 at the Hillstreet and $9,300 at the Pantages. "Gone With the Wind" drew $7,200 at the 4 Star and $16,000 at the United Artists. Estimated takings for the week end- ing Feb. 26 : The Trial of Mary Dugan" (M-G-M) "Maisie Was a Lady" (M-G-M) CHINESE — (2,500) (33c-44c-55c-75c) 7 days. Gross: $9,300. (Average, $12,500) "Fantasia" (RKO) CARTHAY CIRCLE— (1,518) (55c-$1.65) 7 days, 4th week. Gross: $14,200. (Average, $17,000) "Gone With the Wind" (M-G-M) 4-STAR— (900) (44c-55c) 7 days. Gross: $7,200. (Average, $3,250) "Mr. and Mrs. Smith" (RKO) "Lefs Make Music" (RKO) HILLSTREET— (2,700) (33c-44c-55c-75c) 7 days. "Smith" 2nd week. Gross: $8,500. (Average, $6,500) "The Trial of Mary Dugan" (M-G-M) "Maisie Was a Lady" (M-G-M) LOEW'S STATE— (2,500) (33c-44c-55c-75c) 7 days. Gross: $12,000. (Average, $14,000) "Mr. and Mrs. Smith" (RKO) "Let's Make Music" (RKO) PANTAGES— (3,000) (33c -44c -55c -75c) 7 days. "Smith" 2nd week. Gross: $9,300. (Average, $7,000) "Virginia" (Para.) "Life With Henry" (Para.) PARAMOUNT — (3,595) (33c -44c -55c -75c) 7 days. "Virginia" 2nd week. Stage: Bob Crosby and his Orchestra with the Bob Cats. Gross: $16,000. (Average, $18,000) "Gone With the Wind" (M-G-M) UNITED ARTISTS— (2,100) (44c-55c) 7 days. Gross: $16,000. "The Strawberry Blonde" (W. B.) "Father's Son" (W. B.) WARNER BROS: (HOLLYWOOD) — (3.000) (33c-44c-55c-75c) 2nd week. Gross: $10,000. (Average, $14,000) "The Strawberry Blonde" (W. B.) "Father's Son" (W. B.) WARNER BROS. (DOWNTOWN) — (3,400) (33c-44c-55c-75c) 2nd week. Gross: $11,500. (Average, $12,000) -(2,000) (44c-55c) 5 : $19,000. (Average. Gross 'Virginia' Scores $13,000 in Buffalo Buffalo, March 5. — "Virginia" and "Life With Henry" took $13,000 at the Buffalo. "Back Street" and "Meet the Chump" at the Lafayette, drew $7,100. Estimated takings for the week end- ing March 1 : "Virginia" (Para.) "Life With Henry" (Para.) BUFFALO — (3,489) (30c-55c) 7 days. Gross: $13,000. (Average, $12,000) "Hudson's Bay" (20th-Fox) "Tall, Dark and Handsome" (ZOth-Fox) GREAT LAKES — (3,000) (40c-55c) 7 days. Gross: $8,100. (Average, $7,500) "The Son of Monte Cristo" (U. A.) "Blackout" (U. A.) HIPPODROME— (2.100) (30c-50c) 7 days. 2nd week. Gross: $6,100. (Average, $6,800) "Who Killed Aunt Maggie?" (Rep.) 3 days "Little Men" (RKO) 4 days "Barnyard Follies" (Rep.) 4 days TWENTIETH CENTURY— (3,000) (30c- 35c-55c) 7 days. Singer's Midgets on sta<*e in a revue for three days, featuring Betty Taner. Gross: $7,300. (Average, $7,500) "Back Street" (Univ.) "Meet the Chump" (Univ.) LAFAYETTE— (3.000) (30c-50c) 7 days, 2nd week. Gross: $7,100. (Average, $6,300) 'Strawberry* Gets $13,500, Cincinnati Cincinnati, March 5. — "Straw- berry Blonde" brought the RKO Pal- ace a big $13,500, and "Blondie Goes Latin" took $13,000 at the RKO Shu- bert, where Blackstone the magician and his company were featured on the stage. Estimated takings for the week end- ing Feb. 26-March 1 : "Virginia" (Para.) RKO ALBEE— (3,300) (33c-40c-50c) 7 days. Gross: $11,400. (Average, $12,000) "Strawberry Blonde" (W.B.) RKO PALACEW(2,70O) (33c-40c-50c) 7 days. Gross: $13,500. (Average, $10,000) "Blondie Goes Latin" (Col.) RKO SHUBERT— (2,150) (33c-44c-60c) 7 days. Stage: Blackstone, magician and Co. Gross: $13,000. (Average, $10,000) "Western Union" (20th-Fox) RKO CAPITOL— (2,000) (33c-40c-50c) 7 days, 2nd week. Gross: $3,600. (Average, $5,500) "Flight from Destiny" OV.B.) RKO GRAND— (1,450) (33c-40c-50c) 7 days. Gross: $4,800. (Average, $5,000) "Back Street" (Univ.) RKO LYRIC— (1,400) (28c-33c-42c) 7 days. 3rd week. Gross: $3,000. (Average, $4,500) "Law and Order" (Univ.) "Bowery Boy" (Rep.) RKO FAMILY— (1,000) (15c-28c) 4 days. Gross: $1,100. (Average. $1,200) "Remedy for Riches" (RKO) "Ellery Queen — Master Detective" (Col.) RKO FAMILY— (1.000) (15c-28c) 3 days Gross: $900. (Average, $800) "Buck Privates" (Univ.) KEITH'S— (1,500) (33c-40c-50c) 7 days Gross: $3,200. (Average, $5,000) MOTION PICTURE DAILY Thursday, March 6, 194) Off the Antenna FOR the third year, WOR will broadcast the play-by-play description of the Brooklyn Dodger baseball games with Red Barber and Al Heifer at the microphone. General Mills and Lever Bros, will sponsor. Pre-season games have already been aired. Daily games will be cut off the air at 5 :30 P.M. if other programs interfere. Weekend games will go until 6 :30. Barber will start April 7 with a nightly talk, excepting Thursdays and Sundays, under the sponsorship of Christian Feigenspan Brewing Co. • • • Purely Personal: The engagement of Helen Harper, secretary to A. D. Willard, Jr., general manager of WJSV, Washington, to Ralph Shultz, WJSV engineer, was announced yesterday. They will be married March 17. . . . Robert Kornheiser, recently appointed JVHN traffic manager, will be inducted into the army tomorrow. . . . Wythe Williams, Mutual commentator, will have his book, "The Riddle of the Reich" published by Prentice-Hall tomorrow. • • • A news program of purely local interest will start Monday over WMCA and will be heard daily at 11:30-11:45 A.M. The station will use the Associated Press regional wire for the quarter hour. • • • Program News: Art Metal Works will sponsor "Paul Sullivan Reviews the News" oyer 23 CBS stations on Fridays, beginning April 11. Sullivan is sponsored Mondays through Thursdays by Brown & Williamson Tobacco Co. . . . Griffin Shoe Polish Co. has renewed "Who Knows" over four Mutual stations for 52 weeks, effective March 24. . . . Hecker Products has renewed "Lincoln Highway" over 61 NBC-Red stations for seven weeks, effective March 15. . . . John Gambling's "Musical Clock" celebrates its 16th birthday on the air over WOR Saturday. Gambling's program is one of the oldest continuous shows in radio. . . . WOR's Sunday schedule has been rearranged to provide 90 minutes of children's shows. "First Offender" will be heard 8:30-9 A.M., "Uncle Don Reads the Comics," 9-9:30 A.M., and "This Wonderful World," 9:30-10 A.M. . . . Ted Malone's "American Pilgrimage" will originate from Jack London's California ranch in a Warner Bros, tieup for "The Sea Wolf." . . . "Double or Nothing" will travel to Cincinnati March 30 to test the possibilities of a wider tour this spring. • • • Film Players on the Air: Constance Bennett and Bob Hope will be heard in "The Awful Truth" over CBS during the "Lux Radio Theatre" Monday. . . . Franchot Tone zvill have the leading role in "An American Crusader," zvritten by Robert E. Sherwood, playwright, for the "Free Com- pany" scries over CBS Sunday. . . . Carole Lombard will be featured on the "Silver Theatre" Sunday over CBS. . . . Gary Cooper, Joan Bennett, Francis Langford and Edward Arnold will join Fibber McGee & Molly in an original comedy for the "Screen Guild Theatre" over CBS Sunday. Several Stations Are Authorized to Increase Power Washington, March 5. — The Fed- eral Communications Commission has authorized Stations WFHR, Wiscon- sin Rapids, Wis., to increase night power from 100 to 250 watts ; WJOB, Hammond, Ind., to extend time of op- eration from sharing to unlimited ; KSO, Des Moines, to increase night power from 1,000 to 5,000 watts; WGES, Chicago, to increase power from 500 to 5,000 watts and increase hours of operation from sharing to un- limited, and WKZO, Kalamazoo, Mich., to increase day power from 1,000 to 5,000 watts. FM Permits Sought Applications were received for con- struction permits for two regular and one FM broadcasting stations. The FM permit was asked by the Colum- bia Broadcasting System for a 44,900- kilocycle station in Hollywood, to cover 20,560 square miles with a popu- lation of 2,594,086. The other applica- tions were filed by the Southern Cali- fornia Broadcasting Co. for a 1,400- kilocycle, 1,000-watt day station at Pasadena, Cal., and Howard H. Wil- son for a 1,490-kilocycle, 250- watt sta- tion at Oshkosh, Wis. An application for change of frequency from 1,500 to 1,230 kilocycles was submitted by Sta- tion WOPI, Bristol, Tenn. Hearings Ordered Hearings were ordered on the appli- cations of the Mid-American Broad- casting Corp. for a new 1,040-kilo- cycle station at Louisville, Ky., with 1,000 watts night, 5,000 watts day, and Stations WMAS, Springfield, Mass., for increase of power from 250 watts to 1,000 watts night, 5,000 watts day, and change of frequency from 1,420 to 880 kilocycles ; WBRE^ Wilkes-Barre, Pa., for a synchronous station at Scranton, Pa., with 100 watts, and WSNJ, Bridgeton, N. J., for a booster station in Camden, N. J., with 100 to 250 watts. Armstrong, 2 Others Get Permits f or FM Washington, March 5. — Three ad- ditional FM licenses were issued by the FCC today, making a total of 42 thus far. Edwin H. Armstrong, who developed noiseless FM, received one of the licenses. The station is to be constructed on the site of Armstrong's experimental station at Alpine, N. J. Other construction permits issued were to the Moody Bible Institute at Chicago, and Stromberg-Carlson Tele- phone Manufacturing Co., Rochester. Cal. Bill Provides Schools' Film Use Sacramento. Cal., March 5. — A bill which would authorize schools to show motion pictures of all sorts for educational purposes has been intro- duced in the legislature by Assem- blyman Alfred Robertson of Santa Barbara. Philco Sets Dividend Philadelphia, March 5. — The di- rectors of Philco Corp. have declared a dividend of 25 cents per share, pay- able March 26 to stockholders of rec- ord March 14. Malin Craig Named To CBS Directorate Gen. Malin Craig, who was Chief of Staff of the U. S. Army up to the time of his resignation about a year and a half ago, was elected yesterday as a member of the CBS board of directors. Gen. Craig was graduated from the U. S. Military Academy at West Point in 1898. In 1925 he was ap- pointed Chief of Staff and as part of his duties reorganized the mobile troops of the Army and helped set up the Civilian Conservation Corps camps. Upon his resignation in the summer of 1939, his final report rec- ommended the establishment of a peace time defense army of 1,000,000 men. Hearing on Nebraska Ascap Law in April Omaha, March 5. — Hearing of Nebraska's appeal on a Federal court decision holding its anti-Ascap law to be unconstitutional is scheduled for the week of April 3 before the U. S. Supreme Court. According to reports, the state has insufficient funds to finance the appeal, due largely to the heavy cost of print- ing the lengthy record of the case for the appeal. Indications are, however, that a further appropriation to cover the necessary costs will be forthcom- ing. Milwaukee Ascap Hearing March 13 Milwaukee, March 5. — The hear- ing on the Government's criminal in- formation action against Ascap which was scheduled for today in Federal District court here was postponed to March 13 at the request of Victor O. Waters, special assistant to the U. S. Attorney General. When the case comes before Fed- eral Judge F. Ryan Duffy on March 13 the Government is expected to ask for its dismissal on the levying of fines totaling $24,000 against Ascap officers and publishers who are repre- sented on the music society's board. Pellegrin Is Head Of NAB Ad Bureau Omaha, March 5. — Frank Pelle- grin, sales manager of Central States Broadcasting System (KOIL, Omaha, KFAB and KFOR, Lincoln) has accepted the position of director of the radio advertising bureau of the National Association of Broadcasters. Pellegrin will leave for Washing- ton within 60 days, as soon as his suc- cessor here is selected. He has been with Central States since 1938. Dismiss Decca Suit N. Y. Supreme Court Justice Sam- uel I. Rosenman has dismissed the complaint of Ollie Shepard, band leader, against Decca Records, Inc., and subsidairy companies with leave to the plaintiff to amend his complaint. Wakefield Named Member of F.C.C. Washington, March 5. — President Roosevelt today sent to the Senate the nomi- nation of Ray C. Wakefield of Fresno, CaL, to succeed the late Thad H. Brown as a member of the Federal Com- [ munications Commission, for the term ending June 30, 1946. ', Wakefield is a member of the California Railroad Com- mission, which has jurisdic- tion over intrastate tele-^^ phone lines and other public"^ utilities, his term expiring in the near future. He is a Re- publican, as required to maintain the bi-partisan character of the Communica- tions Commission. RCA Plans Largest Radio Laboratory RCA will build the largest radio re- search laboratories in the world at Princeton, N. J., David Sarnoff, pres- ident, said yesterday. The new labo- ratories will be headquarters for all research and original development work of the company and for its pat- ent and licensing activities. Otto S. Schairer, vice-president in charge of the patent department, has been named vice-president in charge of the laboratories, which will include the patent department. Ralph R. Beal. research director, will be in charge of all research and original development. C. B. Jolliffe has been named chief engineer ; E. W. Engstrom will be director of the Princeton laboratories with V. K. Zworykin and B. J. Thompson as associates; Harold H. Beverage will be director of communi- cations research in charge of the laboratories at Riverhead and Rocky Point, L. I.; and Arthur Van Dyck will be manager of the industry serv- ice section. A' research consulting board will be composed of the chief engineers of the RCA subsidiarv companies, including O. B. Hanson, NBC; E. W. Ritter, RCA Manufacturing; C. W. Latimer, RCA Communications and I. F. Byrnes, Radiomarine. General supervision of all research will be vested in an executive hoard consisting of Sarnoff as chairrnan, with Schairer, Beal and Jolliffe and the heads of subsidiary companies, G. K. Throckmorton, RCA Manufactur- ing; Niles Trammell. NBC; W. A. Winterbottom, RCA Communications, and Charles J. Pannill. Radiomarine. 10,352,000 Radio Sets Made in 1939 Washington, March 5. — More than 10,352,000 radio receiving sets, valued at $158,965,000, were produced in this country in 1939, an increase of about 2,500,000 in number but a reduction of $17,000,000 in value compared with 1937, according to the U. S. Census Bureau. Production was at an all-time peak in 1939, running more than double that of 1929, when 4,980,000 sets were made, but lower prices resulted in a drop of $94,000,000 in factorv value from the 1929 record of $252,787,000, the report showed. FROM MEN WHO KNOW BOX-OFFICE VALUES! "I have seen 'CHEERS FOR MISS BISHOP! It is MARVELOUS!" presents Cheers for Miss Bishop An Unforgettable Love Story ■wuh MARTHA SCOTT • WILLIAM GARGAN and faring EDMUND GWENN • SIDNEY BLACKMER • DOROTHY PETERSON and introducing MARY ANDERSON • Directed by TAY GARNETT From the novel "Miss Bishop" by BESS STREETER ALDRICH • Screen adaptation, by STEPHEN VINCENT BENET • Screenplay by ADELAIDE HEILBRON and SHERIDAN GIBNEY • Released thru United Artists to Will CO JS s g.BB. CD S £ s ^£ CW ~ * «J3 e as 51 J 3 CJ -d CO ^ a cd g &0 5* cdQ 1- ■89. « .. 1 = •w © "a < I* CO CO | WARNERS Flight from Destiny (D) T. Mitchell Jeffrey Lynn Great Mr. Nobody (C) Eddie Albert Joan Leslie Strawberry Blonde (D) James Cagney O. De Havilland Shadows on the Stairs (D) F. Inescort P. Cavanagh Footsteps in the Dark (C) Errol Flynn B. Marshall Here Comes Happiness (D) Mildred Coles Edward Norris The Sea Wolf (D) Ed. G. Robinson Lupino-Garfield Knockout (D) Art Kennedy Olympe Bradna 1 ITNTVERSA1 Back Street (D) Charles Boyer M. Sullavan Meet the Chump (C) Hugh Herbert Jeanne Kelly Nice Girl (D) Deanna Durbin Franchot Tone Dark Streets of Cairo (D) Ralph Byrd Sigrid Gurie Mr. Dynamite (D) Lloyd Nolan Irene Hervey Double Date (D) Peggy Moran Rand Brooks Man Who Lost Himself (D) Bury Me Not On the Lone Prairie (D) Horror Island (D) Man- Made Monster (D) Mutiny in the Arctic (D) Richard Arlen Andy Devine Lady from Cheyenne (O) Loretta Young Flame of New Orleans (D) M. Dietrich Bruce Cabot c\ ■o o < b So Ends Our Night (D) Fredric March M. Sullavan Cheers for Miss Bishop (D) Martha Scott William Gargan The Great Dictator (C) Chas. Chaplin Goddard-Oakie Topper Returns (C) Joan Blondell Roland Young That Uncertain Feeling (C) 20TH-FOX Ride, Kelly Ride (C) 129 E. Pallette Golden Hoofs (C) 130 Jane Withers Buddy Rogers Western Union (D) 126 Scott-Jagger Robert Young Murder Among Friends (D) M. Weaver John Hubbard Tobacco Road (D) 133 C. Grapewin Gene Tierney Murder Among Friends (D) John Hubbard 132 The Outlaw (O) 135 Walter Huston Jane Russell Dead Men Tell (D) 136 Sidney Toler K. Aldridge Scotland Yard (D) 131 John Loder Nancy Kelly That Night in Rio (M) 137 Alice Faye Don Ameche Ride On Vaquero (O) Cesar Romero Mary B. Hughes Inspector Hornleigh Goes RKO RADIO Along the Rio Grande (0) 183 Tim Holt Ray Whitley Play Girl (D) 121 Kay Francis James Ellison Scattergood Baines (D) 123 Guy Kibbee Dink Trout Citizen Kane (D) 118 Orson Welles A Girl, A Gob and A Guy (C) George Murphy Lucille Ball Footlight Fever (D) 119 Alan Mowbray Donald McBride Melody for Three (D) Jean Her shot t Repent at Leisure (C) Kent Taylor Wendy Barrie Devil and Miss Jones (C) Jean Arthur Charles Coburn Robbers of the Range (O) Tint Holt Virginia Vale N ' •4-» % S s S ^ S i. <: REPUBLIC Petticoat Politics (C) 020 Higgins Family The Phantom Cowboy (O) 075 Don "Red" Barry Prairie Pioneers (O) 065 3 Mesquiteers Great Train Robbery (O) Bob Steele Claire Carleton Citadel of Crime (D) John Wayne Frances Dee Back in the Saddle (O) Gene Autry Smiley Burnette Mr. District Attorney (D) Florence Rice Dennis O'Keefe In Old Cheyenne (O) Roy Rogers Gabby Hayes Sis Hopkins (C) 2-Gun Sheriff (O) Pals of the Pecos (O) 3 Mesquiteers CO •a "O O u- o cs PARA. You're the One (M) Bonnie Baker Orrin Tucker The Mad Doctor (D) B. Rathbone Ellen Drew Virginia (O) F. MacMurray M. Carroll Monster and the Girl (D) Ellen Drew Rod Cameron The Hard-Boiled Canary (M) 4020 Allan Jones In Old Colorado (O) 4052 Boyd-Hayden The Lady Eve (C) B. Stanwyck Henry Fonda Las Vegas Nights (M) Regan-Wheeler Tommy Dorsey Roundup (O) Richard Dix Pat. Morison Road to Zanzibar (C) Bing Crosby Lamour-Hope Border Vigilantes (O) William Boyd Russell Hayden > - s - uQ- o | MONOGRAM The Kid's Last Ride (O) Range Busters Ridin' the Cherokee Trail (O) Tex Ritter Air Devils (D) Leo Gorcey Bobby Jordan Sign of the Wolf (D) Grace Bradley Louise Beavers At the Villa Rosa (D) Judy Kelly Kenneth Kent M-G-M Blonde Inspiration (C) John Shelton Virginia Grey Trial of Mary Dugan (D) 125 Robert Young Andy Hardy's Private Secretary (C) 126 Free and Easy (C) 127 Ruth Hussey Robt. Cummings Rage in Heaven (D) R. Montgomery I. Bergman The Penalty (D) L. Barrymore Edward A mold The Bad Man (O) 124 Wallace Beery L. Barrymore Washington Melodrama (D) Frank Morgan Men of Boys Town (D) Mickey Rooney Spencer Tracy Ziegfeld Girl (M) Stewart- Lamarr Turner-Garland Q £ cn <- > the sports fans. The contents: MOVIETONE NEWS, No. 52 army cars made at Ford plant, ^teel mills busy with defense orders, warships in Scotland port. New ZeaiWj troops in raily for retiring general. Eng lish lads learn to fly. California family in - eludes 17 children. British babies under Red Cross protection. Golden Gloves box- ing. Army-Navy basketball. Ski jumping in Washington. NEWS OF THE DAY, No. 250— Royal Air Force training. London children in exodus. Machine gun defenses in England. Carnival in Rio de Janeiro. New army cars at Ford plant. Biggest California family on picnic. Baseball stars in Spring training. Basketball. PARAMOUNT NEWS, No. 55— Golden Gloves. Baseball Spring training. Sk: iumps in Washington. Belated Christma> celebration in Louisiana. Academy Awards inventors' convention in Dallas. New York baby, feared kidnapped, is found. RKO PATHE NEWS, No. 55— Training at Fort Dix. Boy Scout leader in Africa Ford's combat cars for the army. New ship for South American run is launched Wallace addresses Spanish students. Car- nival in Rio. Culinary' show in Chicago California family of 17 children on picnic. Army-Navy basketball. Golden Gloves Baseball teams in training. UNIVERSAL NEWSREEL, No. 960— In- vasion maneuvers in England. British coast patrol rescues stranded sailors. New recon- naissance cars for the army. Radio engi- neering students graduate. Aircraft work- ers donate engines to England. New carg^o -hip for South American run. Inventors' convention in Dallas. Auto race in Connecti- cut. Army-Navy basketball. Baseball players in Spring training. Golden Gloves. .c kiing. Columbus Club Will Dine Ohio Officials Columbus, O., March 6. — The lo- cal Variety Club on March 14 will hold a dinner, to which have been invited the Governor and his staff, the heads of the various state depart- ments, county and city judges and the heads of the county and city depart- ments. The affair is being staged to ac- quaint the officials with the aims of the Variety Club. The committee in charge of the dinner includes : My- ron B. Gessaman, chairman ; Col. Lynn Black and P. J. Wood. MOTION PICTURE DAILY (Registered U. S. Patent Office) Published daily except Saturday, Sunday and holidays by Quigley Publishing Company. Inc., 1270 Sixth Avenue, Rockefeller Center, New York City. Telephone Circle 7-3100. Cable address, "Quigpubco. New York." Mar- tin Quigley. Editor-in-Chief and Publisher; Colvin Brown, Vice-President and General Manager; Watterson R. Rothacker, Vice- President: Sam Shain. Editor; Alfred L. Finestone. Managing Editor; James A. Cron. Advertising Manager; Chicago Bureau. 624 South Michigan Avenue, C. B. O'Neill, Manager: Hollywood Bureau. Postal Union Life Building. William R. Weaver. Editor; Leon Friedman, Manager; London Bureau, 4 Golden Square, London Wl: Hope Wil- liams. Manager, cable address "Quigpubco. London." All contents copyrighted 1941 by Quigley Publishing Company, Inc. Other Quiglev publications: Motion Picture Herald. Better Theatres. International Motion Pic- ture Almanac and Fame. Entered as second class matter. Sept. 23, 1938, at the post ffice at New York. N. Y., under the act of March 3. 1879. Subscription rates per year S6 in the Americas and $12 foreign. Single copies 10c. Here's something Showmen can get their teeth into! . . . " e%t page • . • and here's something that audiences can get their teeth into! IS Yea* s »*w T1*« When it comes to turning out hits . . • PARAMOUNT sure knows its apples? WINGS Friday, March 7, 1941 Motion Picture Daily 9 TNEC Completes Report on Film Industry Sunday Is Called Best Theatre Day Sunday is rated as poten- tially the best day of the week from a box-office stand- point, according to the film industry report of the T.N. E.C. The days of the week in ^elation to attendance are ~~?ated by percentages as fol- lows: Monday, 10 per cent; Tuesday, 10; Wednesday, 10; Thursday, 10; Friday, 15; Saturday, 20, and Sunday, 25. Loan System Seen Cutting Competition The T.N. E.C. film industry report claims the Hollywood star loan-out system minimizes competition among the major companies, and is one in which it is difficult for independent producers to participate. Since 1933, the report says, the number of star loans of major producers have been: Loew's, 610 to majors, 56 to inde- pendents ; Paramount, 439 and 46 ; 20th Century-Fox, 251 and seven; Warners, 223 and 12; Universal, 198 and 11; Columbia, 175 and 36; RKO, 109 and 12. The report, in the course of its recitation of the history of the in- dustry, declares that "sound pictures saved the day" in 1926, when the in- dustry was suffering from "reckless spending and extravagance" and from the introduction of the "assembly line technique of picture-making, resulting in poor quality pictures." Box-Office Analysis The report claims that of the "high- quality" features which yielded the greatest box-office returns during the past several years, 20th Century-Fox, Paramount, RKO and Warners col- lectively released about 20 per cent, while Columbia, United Artists and Universal released about 15 per cent. On June 16, 1938, Congress created the Temporary National Economic Committee, with a membership of 12, three each from the Senate and House, and one each from the Departments of Justice, Treasury, Labor, Commerce, the Securities and Exchange Commis- sion and the Federal Trade Commis- sion. Theodore J. Krepps, Economic Ad- viser of the T.N.E.C., submitted the report to Sen. Joseph C. O'Mahoney, chairman of the committee. The docu- ment runs 83 pages. U.S. Not Governing Decree, Report of TNEC Declares Quigley Winners On Coast March 17 (Continued from page 1) studio publicity heads. The committee includes : Jock Lawrence, Robert Taplinger, George Brown, Howard Strickling, Harry Brand, Perry Lei- ber, Lou Smith, John Joseph, Al Vaughan, John Johnston, Jerry Dale, George Glass, Frank Seltzer, John Miles, Victor Shapiro, Catherine Hunter, Janet Martin, Lou Lifton, Walter Compton and William E. Raynor, Jr. (Continued from page 1) many on various industries in the country, is designed as a Congres- sional guide toward remedial legis- lation if necessary. The monograph is the result of investigation and com- pilation by a staff of Government economists and investigators working for more than a year. The report on the film industry is one of the first ready for submission because the history of the picture bus- iness encompasses a period of only about 40 years, and because it is said to present a clear picture of the typi- cal pattern of American business as it is constituted today. Cites Films' Importance "The motion picture . . . has evolved into an important social and cultural force," the report says. "Its impor- tance must be measured in terms other than the conventional one of dollars and cents." The report traces the history of the film industry from its beginnings. It is pointed out that conclusions in the report, "are not recommendations but summaries of the facts . . . they . . . should be of inestimable value to the Congressional committees vested with the duty of reviewing proposed legis- lation which occurs each year." The motion picture in a few years, the report says, "has changed from an activity in the hands of a large number of small and financially weak in- dividuals to an industry con- trolled by a few large compa- nies which dominate its poli- cies and control its actions." The history of block booking is traced, and, according to the T.N. E.C, the practice has been opposed almost from its inception by independent ex- hibitors. Some concessions were obtained by independent exhibitors under the NRA code, although "control of the indus- try remained undisturbed under it," the report says. Trade Disputes Classified Most of the trade practice controver- sies of the industry may be divided in- to two classifications, according to the report. One class "includes distributor organizations that maximize their profits at the expense of the exhibi- tors and the public. . . . The other class comprises those practices which small exhibitors contend have been used by large exhibitor organizations to drive them out of business or place them in subordinate competitive posi- tions." The report cites the alleged control by the major distributors of the more important exhibition outlets, and de- clares that the Neely block booking bill would not be a solution, and would plunge the industry into "a new period of extensive and costly litigation." Blind selling is described as working to the disadvantage of the independ- ent exhibitor and the public. Over- buying by large interests to keep prod- uct from smaller exhibitors "is a con- stant threat to the small exhibitor competing with a powerful opponent," the report says, and "when under- taken with the express purpose of eliminating competition, is almost cer- tainly a violation of the Federal anti- trust statutes." The industry report is officially known as "Monograph 43, the Motion Picture Industry — A Pattern of Con- trol." It was written by Daniel Ber- trand, administrative assistant to the T.N. E.C. ; W. Duane Evans, Senior Economist, Bureau of Labor Statistics, U. S. Department of Labor, and E. L. Blanchard, a member of the T.N. E.C. staff. The report is part of the work of the group investigat- ing the "concentration of eco- nomic power" in "big business" in the United States, as rec- ommended by President Roose- velt in April, 1938, in a message to Congress. The President acted, he stated, be- cause "among us today is a concentra- tion of private power without equal in history" and "this concentration is seriously impairing the economic ef- fectiveness of private business." Distributor Control Of Theatres Noted Citing control of theatres by producer-distributors, the film industry report of the Temporary National Economic Committee lists ownership or affiliation as follows: Paramount, 1,273 theatres; Warners, 557; 20th Century- Fox 538; RKO, 132; Loew's, 122. This adds up to a total of 2,622 houses. Eight Majors Rule 70% of Production Seventy percent of all producing is in the hands of the eight major com- panies, according to the Temporary National Economic Committee's film industry report. The total of produc- tion from the seasons of 1930-'31 to 1938-'39, inclusive, is shown as fol- lows : Season Total 1930- '31 510 1931- '32 490 1932- '33 510 1933- '34 480 1934- '35 520 1935- '36 517 1936- '37 535 1937- '38 450 1938- '39 526 HAROLD LLOYD'S****^ LAUGH SHOW BOMBAI San Francisco, scene of a hundred premieres with Hollywood stars and all the rest, got a new thrill Wednesday... as ALL OPENING DAY RECORDS FOR YEARS WERE SHATTERED BY RKO RADIO'S SENSATIONAL SURPRISE HIT! ... Crowds that started lining up at 8:30 A. M. jammed the Golden Gate Theatre all day long. They laughed! They howled! They roared.. .and went out shouting the praises of the big two-ocean naval comedy... agreeing enthusiastically with the Chronicle reviewer, who said: "If this film doesn't tickle every rib in your body, brother, you're ready for the ash heap." Boys, the fleet's INL.AII the good things you've been hearing about Harold Lloyd's first production are TRUE!... It's ROUGH, ROWDY, ROMANTIC -AND SENSATIONALLY BOX OFFICE! GEORGE LUCILLE EDMOND MURPHY * BALL* O'BRIEN HENRY TRAVERS- FRANKLIN PANGBORN directed b/HIchard WALLACE SCREEN PLAY BY FRANK RYAN AND BERT 6RANET PRODUCED B HAROLD Ll^f I 12 Motion Picture Daily Friday, March 7, 1941 "That Night in Rio" [20th Century-Fox] (Continued from parte 1 ) ties, his business associates (S. Z. Sakall and Curt Bois) enlist Martin's aid to impersonate the baron at an important reception. Miss Faye, as the baron's estranged wife, knows of the deception, but Martin does not know that she knows. Before the evening is over, the baron returns unexpectedly and the confused identities become even more confused, with the baron imitating the night club entertainer imitating the baron. In the midst of this welter of hilarious confusion, Miss Faye, who has spent the night with her own husband, the baron, is led to believe that it was the night club entertainer. The audience, however, is aware of the true state of facts. Martin succeeds in solving the baron's difficul- ties by a series of blunders and effects a reconciliation between the baron and his wife by revealing the truth to the latter. Meanwhile, Car- men, who is in love with Martin, is also drawn into the tangle. Although the humors of these situations are not designed for children, adults should find this entertainment, in addition to the musical num- bers, a good evening's amusement. Rounding out the cast are J. Carrol Naish, Leonid Kinsky, Frank Puglia, Lillian Porter, Maria Montez, Georges Renavent, Edward Conrad, Fortunio Bonanova, Carmen Mi- randa's orchestra and the Flores Brothers. Irving Cummings, who directed, has given the story pace, and Fred Kohlmar, who produced, has enriched it with important production values. Running time, 90 minutes. "A." 'Let Us Have Unity' Rodgers Urges Trade (Continued from page 1) The M-G-M chieftain asked for har- mony in the trade. "In times of industrial and national crises such as all of us are facing now, we should do all we can for unity," he said. He urged that the consent decree be given a fair trial and delved also into the humanitarian side of the busi- ness,, and the work which is being done by individuals and by groups to help alleviate the suffering of the un- fortunates in the trade and even of others outside the industry. "The consent decree deserves a fair trial," Rodgers stated. "We didn't ask for it. We had no choice but we have decided and it was the best course to pursue under the circumstances, and we will stick by it. "This is no time for misunderstand- ing among people who have the same objective. There is a bond of friend- ship— even affection — among us in the various branches of the trade com- parable perhaps in no other industry. "It's fair dealing we want on both sides, and if we have that, what dif- ference does it make how we sell pic- tures— singly, or in blocks of two, five, ten or twenty. I think it is high time to abandon mistrust of one an- other." Then he went on to tell how M-G-M was tackling the problem and about the instruction which he had sent to all the sales force, at home and in the field. "All of M-G-M's sales force has been instructed that the company will not countenance any violation of the provisions of the decree. We also have written to all of our customers outlining the company's stand in this regard. "We will countenance no subter- fuge in dealing with our customers and we will not ask for a price be- yond the ability of the individual cus- tomer to pay, and we will stick by arbitration." Rodgers decried the fact that the "same body" which was instrumental in sabotaging the old code plan is now attempting through legislation to kill the new method. "This is no time for misunderstand- ing among us," Rodgers said. "This is no time for quarreling. Let us go * "A" denotes adult classification. forward together toward our common objective." Rodgers also spoke on the humani- tarian work done in the trade by in- dividuals and groups, and praised this work. "It is a pleasure to note," he said, "that we, in our industry, not only take care of our own, through vari- ous forms of relief and charity, but we also take care of others. Whether it is a patriotic cause sponsored by the Government or a civic cause, or a private charity, 'our industry is al- ways the first to respond." As an example he cited the various relief funds supported by the indus- try, and also that last year, 27,000 film subjects, from shorts to features had been loaned gratis to various charitable causes. Dietz on the Lighter Side Leon Bamberger, Ampa chieftain, presided at the meeting. Harry Gol- berg of Warner Bros. Theatres intro- duced Rodgers. Howard Dietz, Loew's advertising and publicity di- rector, also addressed the assemblage. On the dais, additionally, were E. K. O'Shea, Central Division manager of M-G-M, and H. M. Richey, assistant to Rodgers, in charge of exhibitor relations. It was announced that Arthur Mayer, managing director of the Rialto Theatre, will speak next week. Dietz provided the lighter side of the show, in an amusing off-the-cuff speech, in which he said that for a time he feared he would not be able to attend the session and was happy that he did come even though he ar- rived in time to eat luncheon. Among those in attendance were Jack Bowen, M-G-M district manager ; Ralph Pielow, New York branch manager ; George Skouras, Max A. Cohen, William White, Si Fabian, Fred Schwartz, Bob Wolf, George Lynch, Arthur Rapf, Sam Strauss- berg, Maurice Gibbons of Bermuda, Frank A. J. McCarthy, Universal di- vision manager ; Louis Pollock, Uni- versal's Eastern advertising man- ager; Dave Levy, Universal's New York branch manager ; Art Schmidt of Loew's and Ben Grauer. Republic Acquires Midwest Franchise (Continued from page 1) will continue in their posts and no changes in personnel are in prospect at any of these branches. Republic previously acquired from franchise holders its own exchanges in New York, Philadelphia, St. Louis, Omaha and Des Moines. Meeting Ends Today Grainger is presiding at the sales meeting, which will be concluded to- day. It is being held at the home of- fice. Others in attendance are H. J. Yates, G. C. Schaefer, John O'Con- nell, Charles R. Jones, Jack Pindat and Frank Soule of the home office, and, from the field, Sam Seplowin, Detroit ; Jake Flax and George Flax, Washington ; J. H. Alexander and Sam Fineberg, Pittsburgh ; Max Gil- lis, Philadelphia ; Arthur Newman, Albany ; M. E. Morey, Boston ; Jack Bellman, Buffalo; Sam Seletsky, New Haven ; Morris Epstein, New York ; Nat Lefton and Sam Gorrel, Cleve- land, and George H. Kirby, Cincin- nati. The fifth and final regional meeting will be held at Toronto, April 1 and 2, for Canadian representatives. Grainger to Chicago Monday on New Setup Chicago, March 6. — James R. Grainger, Republic Pictures president, is expected here from New York on Monday to complete arrangements for the take-over of the Republic of- fices for the Illinois, Indiana and Wis- consin territories from Harry Mandel. Mandel will be associated with the construction of a new film exchange building here on the site of the present Republic exchange. The local RKO exchange, it is reported, will occupy space in the new building when com- pleted. Arbitration Cases Now Total 23 With 3 New Ones Filed (Continued from page 1) ance complaint against Paramount, yesterday brought an identical com- plaint against Loew's. These are the only two cases on file in New Or- leans. . Details of the complaint filed in DaB las yesterday had not been receiveS here up to a late hour. However, the complaint is known to have been brought by a drive-in theatre, and is believed to be similar to the other complaint on file in Dallas. The panel of arbitrators from among whom the principals in the first complaint filed with the New York board will select an arbitrator to hear the case, was completed yesterday. The selection must be made by March 13, and the arbitrator selected will set the hearing date. The case was filed Feb. 19 by the Regent, Brooklyn, against all five con- senting companies and involves clear- ance. It was the first New York complaint. While clearance awards are not en- forceable under the decree until new contracts are made, sentiment was ex- pressed in major company quarters that distribution companies, in their expressed desire to live up to the spirit as well as the letter of the de- cree, would do what they could to make awards effective immediately. It was pointed out, however, that any accomplishment in this direction would depend upon the willingness of exhibitors against whom decisions are made to voluntarily relinquish the clearance provided for in their exist- ing contracts. U. S. and Little 3 Will Confer Today (Continued from page 1) Federal court at Buffalo would be the first to be tried. It is now learned that further talks between the Government and counsel for Schine are not unlikely, and their outcome would have a bearing on the order of trials of the Government's pending cases. Today's conference does not involve consent decree discussions, however. It will be confined solely to proce- dure and particularly to an agreement on answers to interrogatories which will be filed by both sides. At the conference will be Herbert Borkland, special assistant to the U.S. Attorney General ; Edward C. Raftery and Benjamin Pepper, counsel for United Artists and Universal, and Louis D. Frohlich, Columbia counsel. United Artists and Universal are scheduled to file their answers today to the Government's amended com- plaint in the anti-trust suit in U. S. District court here. Columbia will file tomorrow or on Monday. Technicolor Pays 25c. Directors of Technicolor, Inc., at a meeting yesterday declared a dividend of 25 cents on the company's stock, payable March 31 to stockholders of record March 17, it was announced by Dr. Herbert T. Kalmus, president and general manager. Kalmus arrived from the Coast early this week. In Between One of Howard Dietz's tid- bits with which he regaled the Ampa assemblage yester- day was about the time when with William F. Rodgers, Jack Flynn and Sam Eckman, he was a member of the sales council of Samuel Goldwyn Pictures, way back in 1923. "You know what a sales council is," he said to the assemblage. "It is a provi- sional government between the appointment of sales managers." Friday, March 7, 1941 Motion Picture Daily 13 Quebec to Reconsider Approval of 'Called Love 4Story' Montreal's Leader at $15,000 Schenck Overpaid U. S., Says Counsel In the second day of the trial of the Government suit against Joseph M. Schenck, board chairman of 20th Cen- tury-Fox, and Joseph H. Moskowitz, his assistant, Harold R. Corbin, de- fense attorney, declared in his opening statement that Schenck had overpaid $165,000 in income taxes, rather than nderpaying $412,000, as the Govern- ent contends. He termed the prose- cution "the most outrageous thing I have ever heard." Corbin's statement occupied the en- tire morning. He stated that Schenck had paid $125,000 on a 20th Century- Fox dividend which was declared out of assets, not profits, and therefore was not taxable. Corbin also declared that a stock transaction loss in 1936 entitled Schenck to a credit far in ex- cess of the alleged deficiency. The at- torney said he would prove that all deductions were legitimate and that character witnesses would depict Schenck as "one of the best-known and most beloved men in the film in- dustry." William J. O'Brien, deputy tax col- lector, was the first witness in the afternoon session. He identified in- come tax returns. Following him, John B. Codd, West Coast comptrol- ler for 20th Century-Fox, identified records relating to Schenck's income.. Codd also testified that he sent weekly reports of Schenck's income to Mos- kowitz. The trial continues this morn- ing. 'Night Train9 Tallies $24,500, Cleveland Cleveland, March 6. — With Glenn Miller's band on the Palace stage, "Night Train" was tops here with a smashing $24,5 00. "Philadelphia Story" earned $5,500 in its third week at the Stillman. Estimated takings for the week end- ing Feb. 27: "Western Union" (20th-Fox) ALLEN — (3,000) (33c-39c-47c) 7 days, 2nd week. Gross: $3,500. (Average, $4,000) "Back Street" (Univ.) WARNERS' HIPPODROME— (3.800) (33c- 39c-47c) 7 days. Gross: $11,700. (Average, $11,000) "Night Train" (ZOth-Fox) RKO PALACE— (3,100) (33c-47c-55c) Glenn. Miller on stasre. 7 days. Gross: $24,500. (Average, $13,500) "Virginia" (Para.) LOEWS STATE— (3.500) (33c-39c-47c) 7 days. Gross: $9,800. (Average, $11,000) "Philadelphia Story" (M-G-M) LOEWS STILLMAN— (1,900) (33c-39c-47c) 7 days, 3rd week. Gross: $5,500. (Average, $5,500) 'Virginia' Omaha's Winner at $8,200 Omaha, March 6. — "Virginia" and "South of Suez" grossed $8,200 at the Omaha for the city's only outstanding business. The weather was clear and warm. Estimated takings for the week end- ing Feb. 26-27: "Santa Fe Trail" (W.B.) "Let's Make Music" (RKO) BRANDEIS— (1,200) (30c-40c-44c) 7 days, 2nd week. Gross: $3,600. (Average, $4,000) "Virginia" (Para.) "South cf Suez" (W.B.) OMAHA— (2,000) (30c-44c) 7 days. Gross: $8,200. (Average, $6,000) "Back Street" (Univ.) "Night Train" (ZOth-Fox) ORPHEUM— (3,000) (30c-44c) 7 days. Gross: $7,400. (Average, $7,200) Montreal, March 6. — The Quebec Provincial Board of Censors in Mon- treal will reconsider its decision to permit showing of the film, "This Thing Called Love," following can- cellation of a scheduled run at the Granada Theatre in Sherbrooke, Que- bec. When it was announced that the picture was to begin a four-day show- ing at the theatre yesterday, Mayor Joseph LaBrecque expressed objec- tion. The paper of the Catholic Dio- cese of Sherbrooke, Le Messager Saint Michel, also carried a criticism of the film in last week's edition. Although approved by the Quebec Censors several weeks ago, the Mes- sager contends that it was condemned by the Legion of Decency in the United States and by the Toronto Le- gion of Decency. Officials of the pub- lication have requested the censors to review the film again, in the light of these protests. Shortly after 1 P. M. yesterday, an hour before the film was scheduled to be shown for the first time in Sher- brooke, B. H. Lavell, manager of the Granada, was notified by the home of- fice of United Amusements here that the film was not to be screened. "This Thing Called Love" was shown in Montreal at the Palace. Critics reviewed it as being good en- tertainment, but for adults only. It played two weeks to good attendance. "This Thing Called Love," origi- nally rated as "C" (Condemned) in the Legion of Decency classification in this country, subsequently was given a rating of "B" (Objectionable in Part) after revisions were made. Broadway Grosses Hold Average Level Business on Broadway continued at an average level during the week al- though grosses were checked some- what by the storm last weekend and by Lent. One exception is "Strawberry Blonde" at the Strand, which finished its second week last night with an es- timated $33,000, high for the house, and is being held. Raymond Scott is appearing on the stage with his new orchestra. "That Night in Rio" has its pre- miere at the Roxy tomorrow. In its second week which ended Wednesday night, "Tobacco Road" with a stage show drew about $26,500. It plays two extra days. "So Ends Our Night" is a holdover attraction at the Radio City Music Hall. Business for the first week with that film and a stage show amounted to an estimated $74,000. "Come Live With Me" bowed out of the Capitol after a week's run which brought the theatre an esti- mated $21,500. "Andy Hardy's Pri- vate Secretary" opened yesterday. "Night Train" is expected to give the Globe about $7,000 in its 10th week, which ends tonight, and holds over. Rosso to Pathe Lab L. T. Rosso, who was service man- ager of Consolidated Film Industries for 10 years, has joined Pathe Labo- ratories as general manager of the Bound Brook laboratories, it was an- nounced yesterday. Toronto, March 6. — "The Phila- delphia Story" at Loew's drew $15,- 500. "Virginia" accounted for $7,500 at the Uptown for its second week. The start of Lent and the return of cold weather made a difference. Estimated takings for the week end- ing March 2 : "Victory" (Para.) "You're the One" (Para.) IMPERIAL— (3,373) (15c-25c-35c-50c-75c) 6 days. Gross: $7,500. (Average, $9,000) "The Philadelphia Story" (M-G-M) LOEW'S— (2,074) (15c-25c-35c-50c-65c) 6 days. Gross: $15,500. (Average, $9,000) "Lady With Red Hair" (W. B.) "Here Comes the Navy" (W. B.) SHEA'S— (2,663) (15c-25c-40c-50c) 6 days. Gross: $7,200. (Average, $7,500) "No, No, Nanette" (RKO) "Four Mothers" (W. B.) TIVOLI— (1,434) (15c-25c-40c) 6 days. Gross: $4,200. (Average, $3,900) "Virginia" (Para.) UPTOWN— (2,761) (15c-25c-35c-50c-75c) 6 days, 2nd week. Gross: $7,500. (Average, $9,000) 'Strawberry Blonde' $17,000 in Baltimore Baltimore, March 6. — Best business went to "Strawberry Blonde" at the Stanley with $17,000. Estimated takings for the week end- ing Feb. 27 : "The Philadelphia Story" (M-G-M) CENTURY— (3,000) (28c -44c) 7 days, 2nd week. Gross: $12,500. (Average, $10,000) "You're the One" (Para.) KEITH'S— (2,406) (15c -28c -33c -44c) 7 days. Gross: $7,000. (Average. $9,000) "Western Union" (20th-Fox) NEW— (1,581) (15c-28c-35c-55c) 7 days, 2nd week. Gross: $7,000. (Average, $7,000) "Strawberry Blonde" (W. B.) STANLEY— (3,280) (15c-28c-39c-44c-55c) 7 days. Gross: $17,000. (Average, $12,000) "Mr. and Mrs. Smith" (RKO) HIPPODROME — (2,205) (15c-28c-39c-44c- 55c -66c) 7 days. On stage: variety show with Gene Sheldon; the Six Honeys, Wes- son Bros.; Lynn, Royce and Vanya. Gross: S15.0CO. (Average, $14,000) SOL LESSER presents £tmt Jlultitick'* "THAT UNCERTAIN FEELING' Released thru UNITED ARTISTS 14 Motion Picture Daily Friday, March 7, 1941 Off the Antenna A RADICALLY new type of news program will start Monday over WHN. Designed to simulate a newsreel theatre, the program will feature 10 minutes of news, then a commercial, then the news and the commercial again. This will be continued for a full hour between 6 and 7 A.M., Mondays, through Saturdays, 7 to 8 A.M. on Sundays, and nightly seven days a week, from 11 P.M. to midnight. Important news flashes will be included, otherwise the program will consist of repetitions. MacMillan Petroleum Corp. signed contracts to sponsor the entire 14 hours weekly without waiting for an actual test of the idea over the air. Stack-Goble is the agency. • • • Purely Personal: Frank Capra zvill be a guest speaker on "I Am an Ameri- can" over NBC when the program is broadcast from Hollywood, Sunday. March 23. . . . Helen Hayes, zvho starts a road tour with the "Twelfth Night" company Sunday, will fly to either Chicago or New York for her "Helen Hayes Theatre" broadcasts over CBS. . . . Basil Ruysdael, announcer on the CBS "Your Hit Parade," is the narrator on the film "Annapolis," just re- leased by Columbia Pictures. . . . John Dored, Paramount Nczvsrccl camera- man, zvill be interviewed over WOR on the "Bessie Beatty" shozv Tuesday at 11 :15 AM. • • • Residents of both occupied and unoccupied France are using the NBC International short wave division as a clearing house to send mail through to French refugees in England. The letters are sent to Lisbon, air-mailed to NBC and then forwarded to the ultimate addresses. • • • First commercial FM station to get approval to start operations was W47NV, Nashville, Tenn., which went on the air earlier this week. There are 41 other construction permits for commercial FM stations outstanding but the Nashville station was the first to receive authority to start with commer- cial programs. W47NV is operated by WSM, Nashville. The first sponsor, incidentally, was the Standard Candy Co., which also was WSM's first sponsor 16 years ago. • • • Program News: Carter Products has renewed "Inner Sanctum Mysteries" for an additional 52 weeks over NBC Blue, effective March 16 for 62 sta- tions. The program will be heard Sund-ays at 8 :30 P.M. instead of Tuesdays. . . . P. Lorillard & Co. zt'ill start sponsorship next zveck of "Old Fashioned Favorites," a program of recorded music to be heard 8:20-8:25 A.M. Mondays. Wednesdays and Fridays. . . . Glenn Miller has added "The Modernaires" to his CBS Chesterfield programs. . . . "Musical Mysteries" will celebrate its first anniversary on WINS Sunday at 3 P.M. • • • The NBC television schedule next week includes the Golden Gloves boxing bouts from Madison Square Garden Wednesday at 8 P.M. and wrestling from the Jamaica Arena Friday. Swing's MBS Talks Go to S.A. via NBC Raymond Gram Swing's news commentary over Mu- tual four nights a week will be translated into Portu- guese and Spanish and will be broadcast to South Amer- ica by NBC short wave, with Standard Oil of New Jersey as sponsor, for a total of eight periods a week. McCann- Erickson is the agency. Sunday Competition Faces British Film London, March 6. — Considerable new competition will face English film theatres beginning April 20, when a new Government Sunday entertain- ment order becomes effective. The text of the order was published to- day. While film houses in England are compelled to pay a charity tax for Sunday operation, legitimate and vaudeville houses and music halls are permitted to open without being taxed. Now, under the new ruling, other types of entertainment are also tax- free. Boxing, wrestling and dance halls are excluded from this privilege, however. The provision permits local munici- pal councils on request of either the military authorities or a representa- tive of the Ministry of Labor, to place a request for Sunday opening before the Home Secretary for presentation to and approval by Parliament. The only concession to film houses in the new order is the right of the local industrial authorities to make a formal request for Sunday entertain- ment, whereas previously only the military authority could make such a request. The council of the Kinematograph Renters Society (distributors) met to- day to consider the request of the Cinematograph Exhibitors Association for special rental terms to theatres in the bombed areas. It is understood from authorities that the exhibitors suggested a sliding scale but that the distributors were unwilling to accept the plan. The K.R.S. council pledged consideration to individual exhibitor cases. To Test Virginia's Sunday Blue Laws Norfolk, Va., March 6. — The Vir- ginia Blue Law prohibiting the show- ing of motion pictures on Sunday again will be subjected to one of the innumerable tests it has undergone through the years. Contesting the legality of the law is Harl Wolever, district manager for Dominion Theatres, who has been summoned to appear before a trial justice in nearby Warwick County in connection with the Sunday operation of the recently opened Village The- atre at Hilton Village. Until the case is settled, Wolever said there will be no Sunday showing. Retired Exhibitor Dies Statesville, N. C, March 6. — Ru- fus A. Cooper, 70, retired motion pic- lure theatre operator, banker and business man, died recently at his home here. He had been in ill health for some time. 'Sierra/ Calloway $26,000, Pittsburgh Pittsburgh, March 6. — "High Sierra" on the screen and Cab Callo- way on the stage gave the Stanley $26,000. Loew's Penn took $17,000 for "Virginia." Estimated takings for the week, end- ing Feb. 27 : "Back Street" (Univ.) FULTON— (1,700) (28c 44c) 7 days, 2nd week. Gross: $4,300. (Average, $5,000) "Virginia" (Para.) LOEW'S PENN— (3,400) (28c-39c-55c) 7 days. Gross: $17,000. (Average. $13,000) "The Philadelphia Story" (M-G-M) RITZ— (800) (28c-39c-55c) 7 days, 4th week. Gross: $3,500. (Average, $3,500) "Western Union" (20th-Fox) SENATOR — (1,800) (28c-39c-55c) 7 days, 2nd week. Gross: $4,400. (Average, $5,000) "High Sierra" (W.B.) STANLEY— (3.600) (28c-44c-66c) Onstage: Cab Callowav's band, revue. Gross: $26,000. (Average, $17,000) "Kitty Foyle" (RKO) WARNER — (2,000) (28c-39c-55c) Gross: $8,000. (Average, $5,000) Decrease Reported In St. Louis Triples St. Louis, March 6. — Mrs. A. F. Burt, leader of the Better Films Council of Greater St. Louis, reports a decrease in the number of triple bill programs among St. Louis theatres in the last month. The council has been carrying on an intensive campaign against lengthy programs for the last several months and is considering sponsoring a bill in the Missouri legislature limiting the length of programs in theatres. Odeon in Canada Builds New House Toronto, March 6. — The newly formed Odeon Theatres circuit, with which Paul Nathanson and Oscar Hanson of the N. L. Nathanson enter- prises are identified, announced today that it has completed plans for the construction of a theatre at Owen Sound, Ont. It was reported but not confirmed that Odeon has acquired the Palace at Gait, Ont, from Harry Goldhar. Famous Players Canadian, of which N. L. Nathanson is head, operates the Capitol and Grand at Gait and the Paramount at Owen Sound. The new circuit previously ac- quired 12 houses in Western Can- ada and another here, and has a the- atre under construction at Kingston, Ont. Negotiations for other theatres also have been reported. Election of officers of Famous Play- ers Canadian will be held here next July. N. L. Nathanson's five-year contract with Paramount as president will expire in June. His final option 'o purchase 11,000 shares of Famous Players Canadian common stock at $16 a share recently was extended to April. Four previous annual options to acquire 11,000 shares each at prices ranging from $12 to $15 a share were exercised •by- Nathanson. _ A dividend of. 25 cents a share on the common stock was declared re- cently for the first quarter of 1941. Bid for FM Station N.Y. 'Times' Ponders The New York Times is surveying the FM field with a view to applying for a license, a spokesman for the paper declared yesterday. Nothing definite has been decided as yet, it was said. If the Times does make an application it will have to convince the F.C.C. that it is the most worthy contender, as there already are more applications than there are chann^fe in this area, observers pointed yesterday. One of the applications filed is by the Daily Nezi's, and if it gets a li- cense it intends to make a close tieup between the station and the paper, with promotional activities of both closely linked. The Daily News has before it the accomplishments of its sister paper, the Chicago Tribune which operates WGN, Chicago. The FM license granted yesterday to Major Edwin E. Armstrong for a station at Alpine, N. J., is for a super- station to cover an area of 15,610 square miles. Although most FM stations will operate with 10,000 watts. Major Armstrong's outlet has per- mission to go up to 55,000. House Loses Point In Action on Games Portland, Ore., March 6. — Circuit Judge Alfred P. Dobson has sustained the demurrer of District Attorney James R. Bain and Sheriff Martin T. Pratt to the complaint of the Rainier Theatres Corp. in its suit to enjoin the officials from interfering with weekly quiz contests held at the Orien- tal and Hollywood Theatres here. A temporary injunction was ob- tained some time ago by the corpora- tion. Judge Dobson held that quizzes in which persons participating must through a drawing gain opportunity to win an award by answering questions, are a lottery, although some degree of skill and knowledge is needed to answer the questions. Puerto Rico Outlet Approved by FCC Washington, March 6. — A finding was made by the FCC yesterday that Enrique A. Sanfeliz is qualified to construct and operate a station at San Juan, Puerto Rico, and the com- mission proposed to grant him a con- struction permit on the 580 k.c. fre- quency. At the same time, the com- mission found that United Theatres, Inc., another applicant for the same frequency, was not financially quali- fied and it was proposed that the lat- ter's application be denied. Seeks Permit for New Texas Station Washington, March 6. — Applica- tion for a construction permit for a 580-kilocycle, 1,000-watt station at Russelltown, Tex., has been' filed with the Federal Communications Commis- sion by the Russell Plantation, and a request for increase of power from 100 to 250 watts was submitted by Station KBIX, Muskogee, Okla. New Quarters for WINS WINS, which was recently granted a construction permit for a 50,000 watt station, has signed a lease for new quarters at 23 West 43rd St. InteWgei ana \ Inmspen to trie hq otion Picture Industry MOTION PIf V'T1» * DAI First In 1\ L 49. NO. 47 NEW YORK, U.S.A., MONDAY, MARCH 10, 1941 TEN CENTS Chances Good For 'Go Ahead' On Television Commercialization of Art Seen as Defense Aid By EDWARD GREIF Chances are good that the FCC in the near future will give the "go ahead" signal to television, grant- ing full commercial privileges, ac- cording to sentiment expressed among radio officials over the week- end following the FCC members' in- spection of television developments in New York and Philadelphia late last week. Army and Navy officers have shown interest in television for military purposes, it was pointed out, and commerciali- zation will probably stimulate increased research in this par- ticular field. The FCC tour of television plants was completed Friday. Radio offi- cials said they were encouraged by the considerable time and effort which the FCC is devoting to preparation for its March 20 hearing on televi- sion. In New York, the FCC saw a demonstration at the Bell Telephone Laboratories of the differences in pic- ture definition possible on frequency (Continued on page 7) Comedy Dramas to Lead 20th-Fox List Comedy dramas will predominate on the new season production schedule of 20th Century-Fox, Joseph M. Schenck. chairman of the board, said on Fri- day. In addition, the schedule tentatively includes eight musicals. No biographi- cal themes are scheduled for produc- tion, nor are any "outdoors" pictures at this time, he said. Individual budgets will be set for pictures as production plans are de- cided, Schenck said. No over-all pro- duction budget for the studio will be established. Schenck said that extended runs will be essential to the further improve- ment of business next season and that producers should concentrate on the type of pictures which will merit such runs. Double features, he said, are a matter for the public and the individ- ual exhibitor to decide. Roach Reported Set on Four-Reel Featurette Plan Hal Roach is reported to have reached an accord with United Art- ists, during his visit to New York last week, where- by that company will release his newly contemplat- ed four-reel fea- turettes. Production of these short fea- tures has been under consid- eration by Roach for some time as a solution to the double feature problem in the in- dustry. These Hal Roach four-reel pictures, made with the same care and quality as the bigger features will be intended as program substitutions for second features on duals. Roach's plan is described as con- templating productions with strong ;tory and cast values. He left for the Coast on Fridav. Vogel to Hollywood For Quigley Awards A-Mike Vogel, chairman of Mana- gers' Round Table of Motion Picture Herald, leaves today by American Air- lines for Hollywood to attend to final arrangements for the presen- tation of the Quigley Grand Awards on March 18. PLAY BUYS FOR PICTURES BOOM Nine Broadway Productions Already Sold To Films for Aggregate $1,535,000, Considered an All-Time Record By SAM SHAIN Of about 25 current plays and musicals on Broadway, which are avail- able for pictures, nine have been sold already to films, for an aggregate price of $1,535,000, or an average price of $170,000 each, which in theatre annals is something of a record figure. Broadway play managers have never before experienced this kind of a bumper season in this regard. studios Del. Grants Sunday Films Local Option Dover, Del., March 9. — The Dela- ware legislature has repealed the state's 200-year-old Sunday blue laws. In its place the legislature Friday night passed a bill setting up new regulations for observance of the Sab- bath. The new act provides local op- tion in incorporated cities or towns for establishing ordinances for ob- servance of "worldly activities." Out- side incorporated cities and towns the new law prohibits motion pictures, (Continued on page 6) Seattle Finds Blackout Big Show; Grosses Sliced By WILLIAM A. PRAGER Seattle, March 9. — Downtown the- atre and amusement business gener- ally fell from 10 to 20 per cent below normal Friday night as the city was plunged in darkness for 20 minutes during the first test blackout in an American city. From 10:40 to 11 o'clock the city's 50 theatres, and all business, industry and homes united in extinguishing all exterior illumination and masking in- door lights from outside view. The experiment was conducted by the War and Navy departments. All traffic stopped, street lights were extinguished and total darkness (Continued on page 6) Blizzard Cuts N. Y. Weekend Business The worst blizzard of the winter, which swept New York and the East- ern seaboard Friday and Saturday, cut Broadway weekend theatre grosses to about half. Traffic throughout the city was stalled, and the usual large crowds of visitors from the suburbs and sur- rounding areas were absent, with downtown theatre and shopping cen- ters feeling it most. Business was off also in the neighborhoods. So eager have the been thus far to obtain stage properties that in at least one case, the play producer, com- posers and certain other mem- bers of the production staff have been retained also to work on the film. In another case, in addition to the price paid for the film rights in cash, the studio also has agreed to pay a percentage of the gross film returns above a certain figure. With the domestic market having become increasingly important, in fact, almost exclusively so, since the Euro- pean and foreign market generally has declined, these Broadway plays have become the particular aim of the stu- dios. It is comparable to a studio's eagerness for a best seller among books. The Broadway plays, like books, are of such tremendous public interest around the country, that the studios are described as considering it (Continued on page 6) Ga. House Group Approves Block Bill Atlanta, March 9. — A Georgia House of Representatives com- mittee on Friday reported fa- vorably the Senate approved bill providing that distributors may offer their full season's program to exhibitors with a 20 per cent cancellation, su- perseding the blocks-of-five selling provision of the Federal consent decree. Minneapolis, March 9. — Northwest Allied has employed counsel to argue the constitutionality of the anti-block- of-five unit bill before the Minnesota house committee which is considering the measure, as sponsored by the or- ( Continued on page 6) 2 Motion Picture Daily Monday, March 10, 1941 Personal Mention Mexico City Aiding Legitimate Theatre Mexico City, March 9.— The local Civic Government has granted $26,000 and three building lots for the use of theatrical groups, in fulfill- ing its recent promise to aid the legitimate theatre. The groups will be required to use the cash and land to es- tablish three playhouses to present Mexican plays. The money is to be repaid on the basis of 10 per cent of the gross revenue of the plays. Campbell MacCulloch Rites in Hollywood Hollywood, March 9. — Campbell MacCulloch, who resigned as Central Casting head last year, was buried here today following funeral services. He succumbed Friday to a lingering illness. MacCulloch was a pioneer film man, having been with the old Tri- angle company as a writer, then man- ager of the New York office. He was brought here 15 years ago by Louis B. Mayer as an efficiency expert, and later joined Universal in the same capacity. In 1933 MacCulloch was appointed by President Roosevelt to organize the NRA in Los Angeles, and follow- ing its dissolution served as regional director of the National Labor Board. He served as Central Casting head from 1934 to 1940. S CHARLES EINFELD, War- . ners' director of advertising and publicity, arrived yesterday from the Coast. • Arthur Loew, vice-president of Loew's, is expected from the Coast late this week. • R. M. Gillham, Paramount adver- tising and publicity director, is ex- pected from the Coast on Wednesday. • Mort Spring, M-G-M distribution executive, returned over the weekend from California. • Rube Jackter, Columbia assistant sales manager, left for Florida over the weekend. • Gilbert Golden of Warners' adver- tising department is in Florida. • Betty Goldsmith, secretary to James Mulvey, left Saturday on the Kungsholm for a cruise in Southern waters. • Lou Brown, Loew-Poli publicity head, addressed the New Haven Ad- vertising Club the other day. • Charles Judge of the Arcadia, Philadelphia, and Eleanor Keegan of the Mayfair, also in Philadelphia, were married last week. • John Dored, Paramount News cameraman, will leave this week for Rio de Janeiro. AW. SMITH, RKO general • sales manager, is in Florida. • Stanton Griffis, chairman of the Paramount executive committee, plans to go to the Coast later this month. • Leo .Justin, Walter Reade The- atres' executive, has left for a Mexico City vacation of about 30 days. • David Snaper, New Jersey circuit operator, is in Hot Springs, Ark. • George Beattie, sales manager at the Paramount Philadelphia exchange, became the father of a boy last week. • _ Norris Nelson, of the Stanley, Bal- timore, is home ill. • William Smalley, head of Smalley Theatres, Cooperstown, N. Y., is in Florida. • Harold Danson of the Paramount home office is in Miami. • Charles Wilson, owner of the Bijou, Troy, N. Y., will leave for Florida this week. • Lee Alderman, salesman at War- ners' New Haven exchange, is recu- perating from an operation. • Fred Quatrano of the Lido, Water- bury, Conn., is vacationing in Miami and Havana. English Theatres Fight Sunday Tax London, March 9. — The Cinemato- graph Exhibitors Association will take immediate steps to bring about a re- duction in the charity tax for Sunday operation of film theatres, following the recent Government order which permitted competitive entertainment to operate on Sunday without beingorc^- ject to the same tax. laflfci The C.E.A. is understood to^Rl it would be bad policy to oppose op- eration of other forms of entertain- ment on Sundays, but that it is jus- tified in asking a reduction of the tax on film houses. It is felt that with the greater part of the weekly business on weekends, the tax is unfair. The Government has indicated that it will not amend or remove the tax clause. The London and Home Counties Branch of the C.E.A. will meet with the County Council tomorrow to ask a reduction in the Sunday tax from 12^ to five per cent, and possibly for an extension of Sunday operating hours. Warner Zone Heads Will Meet Tomorrow Joseph Bernhard, general manager of Warner Theatres, will preside at a meeting of zone managers tomor- row at the home office. Attending will be: James Coston, Chicago ; Nat Wolf, Cleveland ; I. J. Hoffman, New Haven; Don Jacocks, Newark; Moe Silver, Albany; Ted Schlanger, Philadelphia; Harry Kal- mine, Pittsburgh ; John J. Payette, Washington. Among the home office executives who will participate are : Clayton Bond, Ed Hinchy, Harry Goldberg, Leonard Schlesinger, Frank Phelps, Sam Morris, Nat Fellman, Abel Vi- gard, W. S. McDonald, Harry Rosen- quest, Louis Kaufman, Herman Maier and Frank Cahill. Van Lear Joins Para. Philadelphia, March 9. — Arnold Van Lear has been added to the local Paramount staff as publicist. He fills the post vacated by William Brooker, who was promoted to direct exploita- tion ■ in the Philadelphia, Pittsburgh and Washington territories. MOTION PICTURE DAI IY (Registered U. S. Patent Office) Published daily except Saturday, Sunday and holidays by Quigley Publishing Company, Inc., 1270 Sixth Avenue, Rockefeller Center. New York City. Telephone Circle 7-3100. Cable address, "Quigpubco, New York." Mar- tin Quigley, Editor-in-Chief and Publisher; Colvin Brown, Vice-President and General Manager; Watterson R. Rothacker, Vice- President; Sam Shain, Editor; Alfred L. Finestone, Managing Editor; James A. Cron, Advertising Manager ; Chicago B.ureau. 624 South Michigan Avenue, C. B. O'Neill. Manager; Hollywood Bureau, Postal Union Life Building, William R. Weaver, Editor; Leon Friedman, Manager; London Bureau, 4 Golden Square, London Wl; Hope Wil- liams, Manager, cable address "Quigpubco. London." All contents copyrighted 1941 by Quigley Publishing Company. Inc. Other Quigley publications: Motion Picture Herald, Better Theatres, International Motion Pic- ture Almanac and Fame. Entered as second class matter, Sept. 23, 1938, at the post office at New York. N. Y., under the act of March 3, 1879. Subscription rates per year $6 in the Americas and $12 foreign. Single copies 10c. Richey Speaker at Iowa ITO Meeting E)es Moines, March 9. — H. M. Richey, in charge of exhibitor rela- tions for M-G-M, is to be the guest speaker at the noon luncheon that opens the annual convention of the In- dependent Theatre Owners of Iowa and Nebraska at the Savery Hotel here tomorrow. Legislation, the consent decree and a new Iowa organization idea are the main subjects for discussion at the two-day session. Eltinge Services Held ^Funeral services for Julian Eltinge, 57, were held yesterday in the Little Church Around the Corner under the auspices of the Actors' Fund. He died Friday. He was famous for half a century as a female impersonator. The Eltinge Theatre on 42nd St. was named for him. Brandt Acquires Two New Theatres Brandt Theatres, headed by Harp Brandt, has acquired the Rialto Thea tre, at Poughkeepsie, N. Y., 1,600-seat house, from Elite Amusement Enter- prises, Inc. Also, with David Weinstock, Brandt has purchased the Queen Anne from the Queen Anne Amusement En- terprises, at Bogota, N. J. It is a 1,399-seat house, and is the 17th Brandt and Weinstock have in part nership. Stewart Set for Army Hollywood, March 9. — James Stewart has been placed in class 1-A by the selective service board and ex- pects to be called for Army service this month. Loew's Declares Dividend Directors of Loew's, Inc., have de- clared a dividend of 50 cents a share on the common stock, payable March 31 to stockholders of record March 18. LYNN FARNOL PUBLIC RELATIONS 250 PARK AVENUE N EW YORK, N. Y TELEPHONE PLAZA 8-022S Variety Club Heads Due in Charlotte Charlotte, March 9.— Three offi- cials of the Variety Clubs of Amer- ica are expected here tonight to at- tend the opening of the Variety Club here tomorrow. Expected are John H. Harris of Pittsburgh, National Chief Barker ; R. J. O'Donnell of Dal- las, National Assistant Chief Barker, and James G. Balmer of Pittsburgh, National Dough Guy (treasurer). N. J. Allied Meets in Passaic Tomorrow New Jersey Allied will meet at Harry Hecht's Ritz Restaurant in Passaic, N. J., tomorrow afternoon, the session to be followed by a beef- steak dinner in the evening. Lee Newbury will preside at the business meeting, which will be devoted largely to a discussion of the arbitration sys- tem under the consent decree. To Honor Veteran Philadelphia, March 9.— The lo- cal industry is planning a testimonial luncheon for Marcus Benn, veteran exhibitor, who celebrated his 75th birthday last week. Lou Krouse, I. A. T. S. E. secretary, is chairman of the sponsoring committee. SAFETY-SERVICE-CONVENIENCE Here you are certain to get the exact In- predlents your physician prescribes, accurately compounded. We maintain extensive stocks of domestic and foreign preparations, and they're moderately priced. International Pharmacy, Inc. Complete Drug, Prescription and Cosmetic Depts. 36 W. 51st St. CI. 6-0575 50 Rockefeller PI. WHEN 5 HOLLYWOOD PRODUCERS CHEEK THE WORK OF ANOTHER- DAVID 0. SELZNICK says: "I have seen 'CHEERS FOR MISS BISHOP'. It is a tender and touching piece of Americana !" WALTER WANGER says: "I have seen 'CHEERS FOR MISS BISHOP'. It is MARVELOUS!" HUNT STROMBERG says: "I have seen 'CHEERS FOR MISS BISHOP'. It is a beautiful picture and will be a strong contender for 1941 honors! " MERVYN LeROY says: "I have seen 'CHEERS FOR MISS BISHOP'. It is a GREAT picture." LOUIS B. MAYER says: "I have seen 'CHEERS FOR MISS BISHOP'. Dick Rowland has made a MAGNIFICENT picture that should achieve outstanding business at the box-office!" presents Cheers for Miss Bishop An Unforgettable Love Story ■with MARTHA SCOTT • WILLIAM GARGAN and featuring EDMUND GWENN • SIDNEY BLACKMER • DOROTHY PETERSON and introducing MARY ANDERSON • Directed by TAY GARNETT From the novel "Miss Bishop" by BESS STREETER ALDRICH • Screen adaptation by STEPHEN VINCENT BENET • Screenplay by ADELAIDE HEILBRON and SHERIDAN GIBNEY • Released thru United Artists 4 Motion Picture Daily Monday, March 10, 1941 Mexico Censorship Goes Under Interior Ministry Customers toi Get Metro's Product First M-G-M will continue to offer its product first to its present custom- ers, under the consent decree method of selling which will start in the summer, William F. Rodgers, general sales manager, informed ex- hibitors by letter over the weekend. •'We have no idea of placing^ our product on the auction block," his letter asserted. Rodgers informed exhibitors M-G-M's first group of pictures would be ready for trade show- ing and selling under the new procedure by June or July, for early Fall release. The first group will be offered "far enough in advance to protect the playing time of our antici- pated customers," he said. The letter sets forth the company's views and policies in relation to the decree. Present accounts will be given first call on the 1941 -'42 product wherever the existing business rela- tionship is satisfactory, it is ex- plained. Of the decree itself, Rodgers wrote : "It appears to me that there is far too much emphasis placed upon _ the mistaken theory that it is impractical, and too little evidence of a desire to give its principles the support neces- sary for at least a fair trial. I am unwilling to admit that it is either unworkable or impractical. "The position of our company can be summed up in a very few words. We will respect the consent decree in all of its content; we will not toler- ate, much less countenance any viola- tions on the part of our representa- tives." Reiterating that M-G-M will not price its product "beyond the possibilities of our custom- ers to pay," Rodgers reaffirmed the company's stand against employment of any "subter- fuges" in selling short sub- jects, newsreels or trailers. "Every unit of our output will stand on its own merit," he wrote. Of arbitration, he said : "We will recognize any claim for arbitration as provided for in the decree, and will vigorously yet fairly defend our po- sition where we feel we are right ; yet in any instance where the final judgment is rendered against us, it will be accepted graciously and with- out any hard feelings in any direc- tion." Rodgers assured exhibitors that M-G-M "will deliver not less than our minimum obligation of features and short subjects this year." New Operator's Union The Alliance of Motion Picture Machine Operators has been formed, with Irving Friedlander as president and Peter Waxberg as secretary. Its membership numbers about 12, em- ployed in independent theatres, mostly in Brooklyn, according to a spokes- man for the group. Compromise Reached On Schine Procedure A compromise on procedure cover- ing interrogatories and inspection of documents in the Government's anti- trust suit against the Schine Circuit and the Little Three was agreed upon over the weekend by attorneys for the Department of Justice and United Artists, Columbia and Universal. A motion scheduled to be argued in the U. S. District Court at Buf- falo today will be adjourned and an order for the elimination of some in- terrogatories and consent to others will be drawn and submitted to the court in the near future. No trial date has been set so far and a further con- ference on procedure will be held. Attorneys at the conference were Benjamin Pepper, U. A. ; Irving Morros, Columbia ; Adolph Schimel, Universal, and Seymour Simon, De- partment of Justice. Col. Plans Awards In Sales Campaign Awards for leading branch mana- gers, salesmen, office managers and bookers in Columbia's annual sales drive, termed the Columbia Exhibitors Good Will Campaign, have been posted by the company. Awards will go to the entire sales staffs of the 12 branches which show the greatest improvement in billings over their campaign quotas during the 13 weeks ending May 30. The cam- paign quota for each branch repre- sents its billings for the fiscal year ended June 28, 1940. In addition, spe- cial bonuses will go to the 10 leading salesmen showing the greatest im- provement in accounts sold by May 30, as compared with the number of accounts sold by June 8, 1940. New Omaha Theatre Firm Planning House Omaha, March 9. — Blank and Green Enterprises, Inc., consisting of Ralph Blank and Walter M. Green, plan a $100,000, 1,000-seat theatre in west Omaha. The firm is new. Blank is a nephew of A. H. Blank, head of Tri-States Theatres, and Green owns and operates Fepco, thea- tre advertising company in Omaha. Blank until recently was district man- ager for Central States Theatres in Nebraska with headquarters in Fre- mont, Neb. Trial Set in Coast Exhibitors' Action Los Angeles, March 9. — Although Federal Judge Harry Hollzer on Fri- day set March 18 for trial of the damage suit of Lou Bard's Colcata Corp. against Fox West Coast and the major distributors, attorneys for both sides indicated that settlement negotiations may be resumed. The suit charged Bard is unable to obtain films for the Colorado in Pasadena, formerly a Fox West Coast house. Mexico City, March 9. — The new law, sponsored by President Manuel Camacho, giving the Federal Minis- try of the Interior exclusive jurisdic- tion over the supervision and censor- ing of films, has gone into effect. The law requires that the ministry render a decision on each picture with- in three days after it has been pre- sented for review. Protest in writing to the ministry is permitted on any decision, and a new inspection of the film must be made promptly. Review fees are $1.10 for each commercial film and 65 cents for every Mexican film intended for export. No fee is charged for newsreels of less than SO meters in length. Approval by the ministry permits exhibition anywhere in Mexico. State and municipal authorities may not permit exhibition of a film not previously ap- proved by the ministry. Meanwhile, Mexican producers look forward to a period of harmony in their hitherto troubled relations with labor,, since the expected replacement of Vincente Lombardo Toledano as head of the Confederation of Mexican Workers by Fidel Velazquez, former- ly publicity secretary. The Confed- eration is Mexico's most powerful labor organization. Francisco J. Macin, high official of the National Cinematographic Work- ers Union, failed to obtain Velazquez' former post, which went to Matias Platas, indicating that the film union now wields less power in the Confed- eration than formerly. First Defense Reel Ready for Theatres "Power for Defense," first short film approved by the Motion Picture Committee Cooperating for National Defense, is now available to exhibitors who pledged cooperation to the com- mittee. The film, produced by the Govern- ment, runs 11 minutes, and is being booked without charge. Twelve one- minute trailers on defense will be available shortly. To date the com- mittee has received pledges from 8,000 theatres. Joseph Bernhard, general manager of Warner Theatres, is chair- man of the committee. Free Films Sent to 1£73 Institutions The industry during 1940 supplied 13,357 features and 14,404 short sub- jects without charge to 1,273 institu- tions throughout the country for the entertainment of shut-ins, the M.P. P.D.A. conservation department re- ported yesterday. Types of institutions receiving the service were homes for crippled chil- dren, orphanages, hospitals, reforma- tories, prisons, homes for aged per- sons, schools supported by charity, war veterans' convalescent homes and in- stitutions for underprivileged children. Adds Stage Shows Columbus, O., March 9. — The sub- urban Main, playing subsequent run double features, last Saturday added a stage program at the 9 P.M. show and plans to continue the policy. 'Wind' at $17,000 Is High in Detroit Detroit, March 9. — "Gone With the Wind," in its third week at normal prices drew $17,000 at the United Art- ists. "Fantasia" at the Wilson re- ported $14,000 and the Michigan grossed $13,000 in the second week with "Virginia" and "You're the One." Estimated takings for the week/dF6"'- ing March 6 : "Western Union" (20th-Fox) "Six Lessons from Madame LaZonga" (Univ.) ADAMS— (1,600) (15c-39c-44c-S5c) 7 days. Gross: $7,500. (Average, $5,500) "Santa Fe Trail" (W. B.) "Mcom Over Burma" (Para.) FISHER— (2,700) (15c-39c-44c-55c) 7 days. Gross: $7,000. (Average, $7,000) "Adam Had Four Sons" (Col.) "Michael Shayne, Private Detective" (20 th- Fox) FOX— (5,000) (20c-44c-55c-65c) 7 days. Gross: $15,000. (Average, $15,000) '"Virginia" (Para.) "You're the One" (Para.) MICHIGAN— (4,000) (15c-39c-44c-55c-6Sc) 7 days, 2nd week. Gross: $13,000. (Aver- age, $12,000) "High Sierra" (W. B.) "Kitty Foyle" (RJCO) PALMS— (3,000) (25c-39c-44c-55c) 7 days. Gross: $8,500. (Average, $7,000) "Gone With the Wind" (M-G-M) UNITED ARTISTS — (2,000) (44c-55c) 7 days. Gross: $17,000. (Average, $10,000) "Fantasia" (Disney) WILSON— (1,400) (75c-$1.10-$1.65) Gross: $14,000. (Average, $10,000) 6,000 Houses Will Help Greek Drive More than 6,000 theatres through- out the country will participate in the Greek War Relief Drive, Adolph Zukor, chairman of the Amusement Industries Division, stated over the weekend. The theatre drive will be from March 25 to 30. Approximately 500 theatres will hold midnight benefit shows, including more than 50 theatres in greater New York. Theatres now are being serviced with pressbooks and accessories, and 5,- 000,000 buttons have been distributed. National Screen Service is distribut- ing gratis a trailer running 175 feet, produced by M-G-M, with Melvyn Douglas as commentator. Brooklyn Unit Must Use 306 Operators N. Y. Supreme Court Justice Aaron J. Levy on Friday confirmed an award directing People's Cinema, Inc., own- er of the People's, Brooklyn, to re- instate Local 306 projectionists and restraining the defendants from em- ploying others. The order also af- fects the I.T.O.A, under the basic contract of that organization with Local 306. People's Cinema had claimed that it was not bound by the contract since it had become an I.T.O.A- member after the contract was signed. Kent Drive Final Standings Issued Final standings in the S. R. Kent drive at 20th Century-Fox were dis- closed over the weekend. The Wash- ington branch, of which Sam Wheeler is manager, placed first in the Na- tional Group, and Salt Lake City, where C. S. Walker is manager, first in the International Group. The Wash- ington branch also led in the short subjects division. Prizes to winning exchanges ranged from 60 per cent of one week's salary to three weeks' extra salary for employes. IN PERFECT AGREEMENT EASTMAN negative films — each in its special field — work in perfect agreement with director and cameraman to capture completely the beauty of every scene. Eastman Kodak Company, Rochester, N. Y. J. E. BRULATOUR, INC., Distributors Fort Lee Chicago Hollywood PLITS-X SUPER-XX for general studio use when little light is available RACKGROUND-X for backgrounds and general exterior work EASTMAN NEGATIVE FILMS 6 Motion Picture Daily Monday, March 10, 1941 Play Buys for PicturesBoom; 9 Already Sold {Continued from page 1) a matter of prestige also to obtain the successful and most talked-of plays. Thus the competition for plays and musicals has grown keen. Several of the film companies, no- tably Paramount, M-G-M and War- ner Bros., own interests in some of the present crop of shows, in order to have an inside angle on the pro- ductions. This sort of association also pro- vides the companies with closer con- tact for new talent possibilities. Besides the plays already sold for films, such shows as "Mr. and Mrs. North," "The Corn Is Green" and "Flight to the West" are also reported under Hollywood consideration. No- table exceptions in this respect are the Ed Wynn show, "Boys and Girls To- gether," and the recent Al Jolson show, "Hold on to Your Hats," neither of which have been mentioned in studio reports thus far. The Jolson show, although a hit, closed because of the star's illness, and is now reported as reopening soon on the road. On the other hand, the producers of "Life With Father," are said to have refused all film offers made to date. The list of shows already sold to films and the prices reported as having been paid, follow : George Washing- ton Slept Here," $83,000, Warner Brothers ; "Arsenic and Old Lace," $175,000, Warner Brothers ; "Dubarry, $140,000 ; "Pal Joey," $75,000, Colum- bia; "Lady in the Dark," $285,000; "Claudia," $187,500, Selznick; "Old Acquaintance," $75,000, Warner Broth- ers; "My Sister Eileen," $225,000, Columbia; "Panama Hattie," $140,000, M-G-M ; "Louisiana Purchase," $150,- 000 Paramount. Move to Organize Employes in Phila. Philadelphia, March 9. — A new attempt to organize ushers, doormen, cashiers, ticket-takers and janitors in the independent houses is being made by a new union, Employes of Inde- pendent Theatres, claiming A. F. L. support. The I. A. T. S. E. several years ago organized a "B" local among the same class of employes at the Warner theatres, and included assis- tant managers. Several attempts have been made in the past by the I. A. local to bring in the independent circuits, but with no success. The "B" local, currently negotiating for a new contract with Warners, which expired Jan. 1, asked I. A. support to secure a minimum $45 weekly wage for assistant man- agers, representing an 80 per cent in- crease, raising the $18.50 minimum for cashiers and doormen to $25, and a general 33^3 per cent increase for ushers. Warners to Show Shorts Hollywood, March 9. — Warners will hold weekly showings of short subjects in key cities for film critics and exhibitors. Under the Federal consent decree, trade showings of shorts and features is compulsory. Seattle Finds Blackout Big Show; Grosses Sliced Ga. House Group Approves Block Bill (Continued from page 1) ganization. Clarence Holten has been retained. This action followed the charges of unconstitutionality leveled at the bill by David Shearer, attorney represent- ing four consenting companies to the New York case consent decree, 20th Century-Fox, RKO, Loew's and War- ner Bros. Shearer made his charges before the committee late last week. Fred Strom, Northwest Allied sec- retary, and Holten will appear before the Minnesota Senate committee on the bill at a hearing Wednesday. The bill seeks to set aside the selling provisions of the consent decree en- tered into in New York. First Minneapolis Complaint Is Filed First arbitration demand to be filed with the Minneapolis board was re- ported by the local board to the American Arbitration Association in New York over the weekend. The complainant is the White Bear Theatre at White Bear Lake, Minn., which asks "some run" of Loew's, Warners, RKO and 20th Century- Fox. The State Theatre in the same town is named as having the sole run on product of those distributors. The complaint reported late last week as the second to be filed with the Dallas board was identified as merely a revision of the first and only complaint on file there. A revised com- plaint was ordered when errors were discovered in the first form. The complaint is that of Joseph's Drive- In at Austin, Tex., asking "some run" of Loew's and 20th Century-Fox and naming the Underwood, Interstate and Ezell theatres in Dallas. Baltimore Gives 'Nice Girl?' $15,000 Baltimore, March 9. — "Nice Girl?" drew $15,000 to Keith's while "The Son of Monte Cristo" barely made the average at the Century. Estimated takings for the week end- ing March 6 : "Son of Monte Cristo" (U. A.) CENTURY — (3.000) (28c-44c) 7 days. Gross: $11,000. (Average, $10,000) "Nice Girl?" (Univ.) KEITH'S— (2,406) (15c-28c-33c-44c) 7 days. Gross: $15,000. (Average. $9,000) "Western Union" (ZOth-Fox) NEW — (1,581) (15c-28c-35c-55c) 7 days, 3rd week. Gross: $6,000. (Average, $7,000) "Strawberry Blonde" (W. B.) STANLEY— (3,280) (15c-28c-39c-44c-55c) 7 days, 2nd week. Gross: $10,000. (Average, $12,000) "Mr. and Mrs. Smith" (RKO) HIP POO ROME — (2,205) (15c-28c-39c-44c- 55c-66c) 7 days, 2nd week. Stage show fea- turing Gene Sheldon, Wesson Bros, the Six Honeys; Lynn. Royce and Vanva also held over. Gross: $12,000. (Average, $14,000) Plan Reading Ordinance Reading, Pa., March 9. — A new ordinance regulating air-conditioning devices in theatres and other public buildings using water from artesian wells instead of city water is being prepared by local authorities. An or- dinance covering the situation, passed in 1939, was never put into effect. (.Continued from page 1) prevailed in all areas. While theatre performances continued as usual, and the public was advised to this effect for several days in advance through newspapers and by radio, all exteriors were entirely dark. Most managers reported that early patronage was fairly normal but late business failed badly, indicating that patrons attend- ed only if they could be out of the theatre and on the streets during the actual blackout. Suburban theatre business also de- creased, with the general consensus of theatre managers being that most residents wanted to be on the streets, or at home listening to radio broad- casts of the blackout, rather than in theatres. Residents of the city accorded the authorities complete cooperation in this major test and hundreds of vol- unteer workers assisted in organizing and patrolling. The general effect of the blackout was as though this city of 400,000 was suddenly stricken by a weird catastrophe that extinguished all lights, stopped all activity and silenced every noise except hushed voices on the streets. Army and Navy authorities pro- nounced the test exceptionally satis- factory, with the cooperation of the- atres and radio stations especially helpful prior to and during the actual blackout. 'Navy,' Pat O'Brien $11,200, Milwaukee Milwaukee, March 9. — A stage show headed by Pat O'Brien and the Merry Macs, together with the film, "Here Comes the Navy," took $11,200 at the Riverside. "Andy Hardy's Pri- vate Secretary" and "Land of Liberty" tallied $8,000 at Fox's Wisconsin. Estimated takings for the week end- ing March 4-6: "Virginia" (Para.) "Life With Henry" (Para.) PALACE— (2.400) (30c-40c-55c) 7 davs. 2nd week. Gross: $4,000. (Average. $4,000) "Here Conies the Navy" (W.B.) RIVERSIDE— (2,700) (33c-44c-55c) 7 days. Stage: Pat O'Brien, the Merry Macs. Gross: $11,200. (Average, $6,500) "The Devil Commands" (Col.) "The Face Behind the Mask" (Col.) STRAND— (1,400) (30c-40c-55c) 7 days. Gross: $2,100. (Average. $1,500) "Back Street" (Univ.) "Road Show" (U. A.) WARNER— (2.400) (30c-40c-55c) 7 days. Gross: $7,700. (Average, $4,500) "Andy Hardy's Private Secretary" (M-G-M) "Land of Liberty" (M-G-M) WISCONSIN— (3.2CO) (30c-40c-55c) 7 days. Gross: $8,000. (Average, $5,500) Wis. Senate Passes Daylight Saving Bill M'adison, March 9. — The State Sen- ate by a 14 to 13 vote has approved reconsideration of the Murray daylight saving bill, which it killed the week before by a 16 to 13 vote. Exhibitors have strongly opposed the measure. Dietrich in Col. Film Hollywood, March 9.- — Marlene Dietrich has been signed by Colum- bia to star in "Miss Madden Is Will- ing," which is scheduled to start in June with Mitchell Leisen as pro- ducer-director. Del. Grants Sunday Films Local Option (Continued from page 1) dancing, racing, auctions and theatri- cals on Sunday. The bill, introduced by Rep. R^ H. Richards, Jr., Republican leader, passed the house 18 to 16, and the Senate 13 to 3. It now goes to Gov. Walter W. Bacon for his sig- nature. The bill gives incorporated com- munities the power to regulate their own Sabbath observances between noon and 6 P. M., and from 8 P. M. to midnight. Under it, it would be unlawful for any person in any incorporated city or town to attend a film show, for in- stance, before noon and between 6 and 8 o'clock Sunday night. Attorney General James R. Mor- ford characterized the new bill as "possibly more liberal" than the Ri- nard Sunday local option bill it re- placed. Court Rules News On Sunday 'Necessity' Wilmington, Del., March 9. — Sunday blue law charges against Manager J. Gorman Walsh and pro- gram director Harvey Smith of Wil- mington radio stations WDEL and WILM, who were arrested last Sun- day while broadcasting sermons in Wilmington churches, were dismissed by Judge Henry Isaacs in Municipal Court here Friday. The court held serving of news by either newspaper or radio is a neces- sity of the modern day world. Fully 75 per cent of Wilmington residents have radio sets which have become a vital part of their every-day lives, the court ruled. Prosecutor William Poole main- tained that when both were arrested the stations were operating intrastate and the programs aired at the time were disseminated within state boun- daries, but defense counsel Albert Young claimed that the stations op- erate under a Federal license and any effort of control by local statute would be construed as an interference with interstate commerce. 'Nice Girl?' Garners $6,000 in New Haven New Haven, March 9 — "Nice Girl?" and "Romance of the Rio Grande" at the Roger Sherman took $6,000. Otherwise the holdover week of "Andy Hardy's Private Secretary" and "Lone Wolf Keeps a Date" was the only over-average bill, taking $3,200 at the College. Estimated takings for the week end- ing March 7 : "Andy Hardy's Private Secretary" (M-G-M) "The Lone Wolf Keeps a Date" (Col.) COLLEGE— (1,499) (35c -50c) 7 days. 2nd week. Gross: $3,200. (Average, $2,700) "The Son of Monte Cristo" (U. A.) "Michael Shayne, Private Detective" (20th-Fox) LOEW-POLI— (3.040) (39c-50c) 7 davs. Gross: $6,800. (Average. $8,000) "Virginia" (Para.) "Blackout" (U. A.) PARAMOUNT— (2,348) (39c-50c) 7 days, 2nd week. Gross: $3,500. (Average, $4,500) "Nice Girl?" (Univ.) "Romance of the Rio Grande" (20th-Fox) ROGER SHERMAN— (2,200) (39c-50c) 7 days. Gross: $6,000. (Average, $5,000) Monday, March 10, 1941 Motion Picture daily 7 Chances Good for 4 Go' on Television (.Continued from page 1) ' bands of varying width "Tanging from 20 megacycles to At the Alien B. DuMont laboratories the demon- stration consisted of a televised film at varying lines and frame frequen- cies. -Although industry executives anti- 1 t'iat tnere may be some delay , ..Aise of defense orders m supplying transmitters to news stations if com- Tnercialization is granted, the supply of receivers will meet the demand, it was said. No difficulties will arise from the aluminum shortage, it was pointed out, as little of this metal is used in television receivers and there are substitutes available if no aluminum can be obtained. Seek Permission to Move Transmitters Washington, March 9. — Applica- tions have been filed with the Federal Communications Commission by Sta- tions WWRL, Woodside, N. Y., for change of frequency from 1,500 to 1,600 kilocycles, transmitter removal from Woodside to New York and in- crease of power from 250 to 5,000 watts ; WLAW, Lawrence, Mass., to move transmitter from Andover to Burlington, Mass., and increase power from 5,000 to 50,000 watts; WDAS, Philadelphia, Pa., for change of fre- quency from 1,370 to 1,260 kilocycles and increase of power from 250 to 1,000 watts night, 5,000 watts day, and KSAN, San Francisco, for change of frequency from 1,420 to 1,430 kilo- cycles and increase of power from 250 to 1,000 watts. Extend Licenses On Games in Ohia Columbus, O., March 9. — Aside from churches and charitable institu- tions, which are tax exempt, all Ohio institutions where chance games are played are required to take out an amusement license, and, like theatres, must pay the State a three per cent tax based on gross receipts, which is comparable to the three per cent retail sales tax which the public pays in other lines, it was learned from Wil- liam S. Evatt, State Tax Commis- sioner. 'Dictator' Set in Toronto Toronto, March 9. — Loew's The- atre here will play the long-delayed engagement of "The Great Dictator" at regular prices subsequent to the national release of the Chaplfn pic- ture and following the current run of "The Philadelphia Story." This will be the Toronto first run, Loew's hav- ing declined to book the picture dur- ing the six months that it was being presented as a special attraction at advanced prices. Charter 3 Companies Albany, March 9. — Three new companies incorporated here include : Secatogue Theatre Corp., New York, by James A. Tuck, Helen Tolmachoff and M. W. Merritt; Inter-American Distributors, Inc., by I. I. Brandwein, M. H. Wertkin and J. J. Sweedler, and Film House, Inc., by Irving Ja- coby, Beatrice Jacoby and Stuart Legg. Off the Antenna ! 1 5 1 5 lb .- ■ j: • .? • FIFTEEN consuls, representing as many .Latin American countries, will be heard in a good will broadcast to Lat^ri America bver the shbrt wave station of WCAU, Philadelphia, in- a tieup arranged by 20th Century-Fox. The talks will [take place following -an advance screening of "That Night in Rio," 20th Century-Fox film, being arranged in Philadelphia, which the consuls will attend. Purely Personal: Edward P. Ehrich, manager of syndicated' programs for the NBC radio recording division, has been married to Edith F. Barnes. . . . Elmo RiCss, former director 'of special presentations at WM.CA, has joined U. S. Mujic, Inc. • • • The William-Esty Agency on the Coast announced~over the weekend that Louella O. Parsons, film columnist, has been signed for a Lifebuoy soap series on CBS from 7 to 7:30 P. M., Pacific time, on Fridays. The show will be known as "Louella Parsons Presents," and players will enact tabloid versions of their films before and during release. • • • WHOM has reshuffled its all-night program, with George McCoy re- placing "Windy" Hogan as Frank Krueger's partner. • • • Program News: Dr. Miles Laboratories lias renewed for an additional seven weeks, effective today, its sponsorship of the fivc^minute news periods over WABC, Mondays' through Fridays at 3:55 P.M. and 'at 11 A.M. Satur- days, . . . Esterbrook Steel Pen hats renezved for the remainder of the Metro- politan Opera season its sponsorship of the Spanish intermission commentary over NBC short wave. Texaco sponsors the operas. • • • Deems Taylor will be permanent understudy to Clifton Fadiman as quizmaster on "Information, Please," it has been decided following Tay- lor's recent appearance on the program when Fadiman was ill. Fadiman has missed- only three broadcasts since the quiz show has been on- the air. Warner Club Ball Attended By 1,500. Jack L. Warner, yJce-president in charge of Warner production, headed the list of executives who attended the 12th annual Warner Club Ban- quet and Ball in the grand ballroom of the Waldorf-Astoria Hotel Satur- day evening. About 1,500 attended. Music was provided by the orches- tras of Jack Teagarden, Raymond Scott and Ramon's Cuban Caballeros. The entertainment committee was headed by A. W. Schwalberg and Harrv Maver. Ray MacDonald on Contract with M-G-M M-G-M has signed 19-year-old Ray MacDonald to a contract and lias as- signed him to a role in "Babes on Broadway," which will star Mickey Rooney and Judy Garland. He is a son of William McDonnell, sales pro- motion manager of Quigley Publica- tions. Bausch & Lomb Profit .Bausch & Lomb Optical Co. over the weekend reported consolidated net profit for the year ended Dec. 31 last of $1,675,773, leaving a balance of $3.41 a share for the common stock after preferred dividends. This com- pares with net of $1,387,356, or $2.77 a share on a smaller amount of com- mon the year before. RCA Votes Dividends Dividends of 87^ cents a share on the first preferred stock and $1.25 on the "B" preferred were declared by the RCA board of directors on Friday for the quarter ending March 31, to be paid April 1 to stockholders of record March 14. Guaranteed Gets Films Guaranteed Pictures Co. has ac- quired exclusive world distribution rights to the group of 12 two-reel Chaplin films which; were synchro-, nized, I Miller, 'LaZonga' $17,500a Cincinnati \ Cincinnati, ..March 9. — Glen Miller aJid a stage show plus "Six Lessons from Madame LaZonga" on the screen, took $17,500 atffhe RKO Shubert, and "Nice Girl?" vfas good for $12,000 at the RKO Palace. Estimated takings for the week end- ing March 5-St "So Ends Our Night" (U. A.) RKO ALBE©-(3,300) (33c-40c-50c) 7 days. Gross: $9,000. (Average, $12,000) "Nice Girl?" (Univ.) RKO PALACE— (2.700) (33c-40c-50c) 7 days. Gross: $12,000. (Average, $10,000) "Six Lessons from Madame La Zonga" (Univ.) RKO1 SHUBERT— (2,150) (33c-44c-60c) 7 days. Stage: Glen Miller and acts. Gross: $17,500. (Average, $10,000) "Virginia" (Para.) RKO CAPITOL— (2,000) (33c-40c-50c) 7 days, 2nd week. Gross: $4,300. (Average, $5,500) "You're the One" (Para.) RKO GRAND— (1,459). (33c-40c-50c) 7 days. Gross: $4,000. -^Average, $5,000) "Western Union" (28th-Fox) RKO LYRIC— (l',-400) (28c-33c-42c) 7 days. 3rd week Gross: $2,700. (Average, $4,500) "Ridin' on a Rainbow" (Rep.) "Secret Evidence" (P. R. C.) RKO FAMILY— (1,000) (15c-28c) 4 days. Gross: $1,300. (Average, $1,200) "The Saint in Palm Springs" (RKO) "The Face Behind the Mask" (Col.) RKO FAMILY— (1,000) (15c-28c) 3 days. Gross: $900. (Average. $800) "Strawberry Blonde" (W. B.) KEITH'S— (1.500) (33c-4Oc-S0c) 7 days, 2nd week. Gross: $5,400. (Average, $5,000) Hyman on Tour Louis Hyman, general sales man- ager for Ernst Lubitsch-Sol Lesser Productions, left here over the week- end for a 10-day tour through the Midwest in connection with the United Artists release, "That Uncertain Feel- ing." JOHN WAYNE -FRANCES DEE EDWARD ELLIS WALLACE FORD ■ WARD BOND • HAROLD HUBER ALEXANDER GRANACH-jo HN H. AUER — D/recfor HAL ROACH INVITES EVERY EXHIBITOR TO SEE ONE OF THE SMASH COMEDIES OF RECENT YEARS! in A/ecu Ifo^A . . TOMORROW IS THE DAY! (TUES. MARCH 11th) ASTOR THEATRE THE PLACE! 11:15 A. M. THE HOUR! COME EARLY! THE DEMAND FOR SEATS IS TERRIFIC! RELEASED THRU UNITED ARTISTS MOTION PICTURE DAILY rirsx in (Radio )N' Mccurait 1 and Impartial 49. NO. 48 NEW YORK, U.S.A., TUESDAY, MARCH 11, 1941 TEN CENTS Decency Unit Favors Minn. Legislation Cancellation Is Desirable, House Committee Told By ROBERT E. MURPHY Minneapolis, March 10. — The Catholic Legion of Decency today entered the fight for Northwest Al- lied's anti- blocks-of-five bill before the Minnesota Legislature as the House Judiciary Committee set final action on the bill for Wednesday. The bill would set aside sales pro- visions of the Federal consent de- cree in favor of block booking with a 20 per cent cancellation. Helen Lynch of Minneapolis, representing the Legion of De- cency, said the organization favors the bill because of its (Continued on page 6) Big 5 Dismissal in Schine Case Monday Buffalo, March 10. — The Big 5, parties to the Federal consent decree in the New York anti-trust suit, are scheduled to be dismissed as defend- ants in the Government anti-trust suit against the Schine Circuit in Federal Court here next Monday. A hearing scheduled for today be- fore Federal Judge John Knight was postponed for one week at the request of U. S. Attorney George L. Grobe, who will offer the motion for dis- missal of the consenting companies at that time. The dismissal action, authorized by Herbert Borkland . and Seymour Simon, special assistants to the U. S. Attorney General, will leave the Schine Circuit, Columbia, United Artists and Universal as defendants. Those scheduled to be eliminated are (Continued on page 6) N. Y. Chain Tax Bill Excludes Theatres Albany, March 10. — Assemblyman Louis Bennett of the Bronx told Motion Picture Daily today that he would amend his chain store tax bill to exclude the definition of theatres in the measure's enabling clause. "My bill has never been intended to apply to theatres, although I have had flattering support from independent exhibitors, expressed by them in let- ters to me," Bennett said. Diamond Jubilee Scranton, March 10 T1 HE Bullshead Theatre, independent in North Scranton, has had a long period of contention with labor unions. The other day it observed an unusual anni- versary and its marquee fea- tured the following announce- ment: "Diamond Jubilee . . . 75 Weeks of Picketing." Changing of Title Poses New Problem Trade experts were busy yesterday trying to figure out the implications of a brand new problem arising out of the exhibition at the Central Thea- tre, Broadway, of the French film cur- rently titled, "The Virgin Bride." The production which carries the marquee billing, "The Virgin Bride," was examined by the Production Code Administration under the title, "Mile. Ma Mere," and after certain altera- tions were agreed to by the distribu- tor was awarded a code seal. Subse- quently the picture showed up for local exhibition under the new title, a title which was not passed upon and not approved. Responsibility for the change is dis- claimed by the distributor, J. H. (Continued on page 6) Storm Cuts Grosses More Than Strike; 4Eve\ 4Rio' Strong New York City is in the throes of a bus strike involving the Fifth Ave- nue Bus Co. and its associate, the New York City Omnibus Corp., which operate 95 per cent the bus lines in Manhattan. The strike started at dawn yesterday on the heels of the worst snowstorm the city has experi- enced in six years and which sliced grievously into Broadway weekend grosses and neighborhood trade. With the blizzard having subsided yesterday, although many of the city's thoroughfares were still partly im- passable, the bus strike, affecting a normal estimate of 900,000 passen- gers daily, was reported by Broadway managers as having little or no effect on the day's grosses. The weather caused more harm than the strike. "The Lady Eve," with Tony Pas- tor's band on the stage gave Bob Weitman's citadel, the Paramount, a good $21,000 over the weekend on its second week, despite the blizzard. The new musical, "That Night in Rio," at the Roxy which also harbors a stage presentation, is reported as having garnered a similar amount, about $21,- 000. until yesterday morning. At the Strand, where "Strawberry Blonde," is on its third week, plus Raymond Scott's band on the stage, the figure (Continued on page 6) Fly Foresees Television Standards in Near Future Washington, March 10. — James L. Fly, chairman of the FCC, said today that he felt it may be possible to adopt standards and give television the "green light" for commercializa- tion in the near future. Fly refused to elaborate and emphasized that he did not wish to conjecture about the attitude which will be taken at the FCC hearing set for March 20. Motion Picture Daily reported yesterday that chances were "good" for a go-ahead signal according to sentiment ex- pressed by radio officials in New York. Fly said that the demonstrations given for FCC officials last week in Philadelphia and New York indicated conclusively that the most important problems are nearing solution. Com- mission officials, he said, were enthu- siastic over the "significant" develop- ments which they saw last week. Kuykendall, Richey Speak at Iowa Meet Des Moines, March 10. — Ed Kuy- kendall, president of the M.P.T.O.A., and H. M. Richey, assistant to Wil- liam F. Rodgers, M-G-M general sales manager, were principal speakers at the annual convention of the I.T.O. of Iowa and Nebraska which opened at the Hotel Savery here today. The meeting opened with a lunch- eon with 120 persons present, includ- ing Central States and Tri-States cir- cuit officials. Exchange managers, salesmen and bookers were guests. Leo F. Wolcott, president, was in charge of the session. Kuj-kendall deplored public indif- ference to increasing government con- trol of private industry. He urged exhibitors to give thought to building well balanced programs and to help each other, as, he said, they are the (Continued on page 6) Goldwyn-U.A. Deal on Stock Finally Closed Board Action Due Today On $300,000 Transaction By SAM SHAIN Samuel Goldwyn has at last dis- posed of his one-fifth share in United Artists to the company, and becomes a wholly free agent, with leave to pro- duce for whom- soever he may choose, under terms of a set- tlement, finally reached, it was reported in high circles of the trade yes- terday, after negotiations had been brok- en off more than once in the past two or three weeks. Goldwyn, so authorities assert, will receive (Continued on page 6) Samuel Goldwyn Two Arbitration Hearings This Week Hearings on arbitration complaints will be held in Boston on Friday and in Chicago, Saturday, American Ar- bitration Association headquarters here was advised yesterday. The Boston hearing is expected to be the first to go before an arbitrator for a decision under the Federal con- sent decree, and the Chicago case, the second. The only other case set for hearing is at Washington on March 25. The fifth arbitration demand for the New York local board was filed here yesterday. The complaint was brought by the River Theatre Corp. operator of the Central at Pearl River, N. Y., and names all five consenting companies. It asserts that the Pas- (Continued on page 6) In Today's Issue U. S. may interv ene to start Ascap- networks negotiations on new contract — Page 9. . . . Reviews of "Mr. Dynamite" and "The Penalty" — Page 5. 2 Motion Picture daily Tuesday, March 11, 1941 Personal Mention Coast Flashes Hollyiuood, March 10 DAVID O. SELZNICK today an- nounced that he had signed W. Somerset Maugham, novelist, to write an original screenplay based on an idea by Selznick. • Mark Hellinger, Warner producer, and the studio over the weekend set- tled his contract, and Hellinger will leave the lot at the end of the week. • Edward Gross, formerly an associate producer with David Loew and Sol Lesser, today announced the purchase of screen rights to "The Lone Ranger" radio series and plans four features for Columbia release. • S. Barret McCormick, RKO direc- tor of advertising and publicity, ar- rived today for two weeks' confer- ences with George J. Schaefer, presi- dent, and studio officials. • John Wayne was set today by Cecil B. DeMille to star in "Reap the Wild Wind" for Paramount. Consolidated Deal Closing This Week Formal closing of the deal by which Julius Joelson will take over the 21 Consolidated Amusement houses in Manhattan and the Bronx is scheduled for Wednesday or Thursday of this week. The deal is with Laurence S. Bolognino, head of Consolidated. Joelson, former New York and Massachusetts circuit operator, yester- day confirmed that Julius Klein, head booker for the Cocalis circuit here, will have the same post for Con- solidated under the new management. He will succeed Al Suchman. Joel- son, whose New England houses were disposed of to Mullin & Pinanski some time ago, plans to establish his head- quarters at the Bryant Theatre, but buying and booking offices for the circuit will remain 1560 Broadway. British Net $25,000 From Dallas Affair Dallas, March 10. — Approximately $25,000 was netted for the British Re- lief Fund here over the weekend, at a premiere of "The Hardboiled Canary" and a banquet attended by several Hollywood stars. The premiere was held at the Audi- torium, with the 5,000 seats filled and many turned away. The gross was estimated at $30,000, with expenses figured at about $5,000. The affair was sponsored by local newspapers and the Interstate Circuit, with R. J. O'Donnell, circuit executive in charge. JACK L. WARNER, vice-president in charge of Warner production, arrives on the Coast today after two weeks at the home office. • Barney Balaban, president of Paramount, is due tomorrow from Florida. • T. J. Connors, Eastern, Southern and Canadian sales manager for M-G-M, returned yesterday from Florida. Ike Libson, RKO Theatres man- aging director in Cincinnati, is in Florida. • A. G. Constant, head of Interstate Theatres, Inc., Steubenville, O., is spending two months in California with Mrs. Constant. • Archibald Silverman, owner of the Strand in Providence, and Edward L. Reed, manager, sailed last weekend on a two-week cruise to Havana. • Theodore Rosenblatt, manager of Community Theatres, Centerdale, R. I., is the new president of the North Providence, R. I., Chamber of Com- merce. • Earl N. Manbeck, Jr., Carlisle, la., exhibitor, and Betty Roth were mar- ried recently. • Nat Harris, Paramount student salesman in Philadelphia, has returned to the home office. • Lester H. Wurtele, Columbia of- fice manager in Philadelphia, has left for Florida. Ted Schlanger, Warner Theatres zone head in Philadelphia, returned from Florida yesterday. • Vincent Hart, formerly associated with the MPPDA, has been named a captain attached to the Adjutant Gen- eral's Department of the New York Guard. Warners Improve Phila. Area Houses Philadelphia, March 10.— Warner Theatres are modernizing and reno- vating five houses in this territory. Alterations are being made for the Virginia, Atlantic City ; Capitol and Strand, York, Pa. ; Harrogate, Phila- delphia, and Victoria, Reading, Pa., which will be renamed the New War- ner on opening. Work on all houses will be completed in time for Easter. In addition, a rebuilding program was announced by two independent oper- ators here, Sidney A. and I. Edward Kapner for their Upsal, and R. Hex- ter for the Breeze Theatre. New Orleans Tax Again Is in Effect New Orleans, March 10. — The two per cent sales tax in this city is on again, at least for a time, as the State Supreme Court has suspended the injunction against collection of the tax until its constitutionality is decided. The tax affects rentals of films. EK. O'SHEA, Central division • manager for M-G-M, and Mrs. O'Shea leave Friday for Florida. • Charles Chaplin is expected in New York from the Coast late this week. • J. Noble Braden, executive secre- tary of the American Arbitration As- sociation, will return from Philadel- phia today. • James R. Grainger, president of Republic, left by plane Sunday night for Chicago, Dallas and New Orleans and expects to return in 10 days. Felix Jenkins, general counsel of 20th Century-Fox, returned from the Coast over the weekend. • Monroe Greenthal, Lou Pollock, Sam Sax and Sam Tulpan at the Tavern yesterday for lunch. • John Hicks, Tom Connors, Ed Saunders, Charles E. McCarthy, Robert Weitman, Pat Scollard, Sam Shain, Laurence Bolognino, E. K. O'Shea, Frank Alstock, Paul Raibourn, Russell Holman, George Skouras, Owen Davis, Jack Pegler, Maurice Bergman and Mor- ris Kinzler at Nick's Hunting Room in the Astor for lunch yesterday. • Nate Blumberg, James Mulvey, Kay Kamen, Harry Gold, Charles Stern, Arthur Silverstone, Eman- uel SlLVERSTONE, EDWARD PeSKAY, Harry Kosiner and Stephen Pal- los at Lindy's (51st St.) yesterday for lunch. • Marvin Schenck, Lou Weinberg, Seymour Poe, Max Weisfeldt and William Moses lunching at Lindy's (next to the Rivoli) yesterday. • A. A. Schubart, returned yester- day from a trip to Chicago, Indian- apolis and Kansas City. • George Wares, 20th Century-Fox salesman in St. Louis, has returned to work after an operation. 'Screeno' Outlawed By Chicago Police Chicago, March 10. — "Screeno," which a short time ago was reinstated in a number of independent theatres here, ended abruptly Saturday when police officers visited the various theatres and told the exhibitors that the game was a violation of the law and would have to cease at once. The exhibitors immediately complied with the police order and "screeno" is not being played in any Chicago theatre. Associates Decide To Open Quarters Motion Picture Associates soon will open permanent quarters at the Hotel Lincoln, it was decided at a meeting Saturday at the Hotel Astor. The session was the first conducted by the organization's new president, Joseph J. Lee, and was attended by more than 70 members. Lee announced that Jack Ellis, former president and now a board member, will be in charge of all entertainment activities. Obituaries Canadian Pioneer Ottawa, March 10. — B. F. Staple- ton, 67, president of the Centre Amusement Co. and a motion picture pioneer in Canada, died yesterday at his home here. Stapleton was one of the organizers of First National Pic- tures in eastern Canada. Circuit Head's Kin ff^ Clinton, La., March 10. — Betty Mae Houck, 7, niece of Joy Houck, owner of a circuit of theatres in the South, was burned to death when she stepped too close to a gas heater and her clothes were ignited. William Otterbein North Bergen, N. J., March 10. — William Otterbein, 61, head of the American Stage Equipment Co., New York, died of a cerebral hemorrhage yesterday at his home here. For 20 years he was vice-president of the Peter Clark Co., which supplied stage equipment to many film houses. He formed his own company three years ago. Projectionist Dies Atlantic City, March 10. — Funeral services were held Saturday for Reese L. Wentzell, 41, for many years pro- jectionist at Warners' Virginia here. He died after a six-weeks' illness. His wife, father, sister and two broth- ers survive. Smith in Atlanta for Depinet Drive Meet Atlanta, March 10. — A. W. Smith, Jr., sales manager of RKO, will at- tend a meeting at the local exchange tomorrow with other sales executives, and will visit several other offices in connection with the Ned Depinet Drive. Attending the session tomorrow will be Leo Devaney, drive captain ; Harry Michalson, short subject sales man- ager, and David Prince, Southeastern district manager. Robert Mochrie, Eastern division sales manager, has returned to New York, after accom- panying the other executives who left New York Feb. 25. MOTION PICTURE DAILY (Registered U. S. Patent Office) Published daily except Saturday, Sunday and holidays by Quigley Publishing Company, Inc., 1270 Sixth Avenue, Rockefeller Center, New York City. Telephone Circle 7-3100. Cable address, "Quigpubco, New York." Mar- tin Quigley, Editor-in-Chief and Publisher; Colvin Brown, Vice-President and General Manager; Watterson R. Rothacker, Vice- President; Sam Shain, Editor; Alfred L. Finestone, Managing Editor; James A. Cron, Advertising Manager; Chicago Bureau, 624 South Michigan Avenue, C. B. O'Neill, Manager; Hollywood Bureau, Postal Union Life Building-, William R. Weaver, Editor; Leon Friedman, Manager; London Bureau, 4 Golden Square, London Wl ; Hope Wil- liams, Manager, cable address "Quigpubco, London." All contents copyrighted 1941 by Quigley Publishing Company, Inc. Other Quigley publications: Motion Picture Herald, Better Theatres, International Motion Pic- ture Almanac and Fame. Entered as second class matter, Sept. 23, 1938, at the post office at New York, N. Y., under the act of March 3, 1879. Subscription rates per year $6 in the Americas and $12 foreign. Single copies 10c. Baltimore Considers Soldiers' Price Cut Baltimore, March 10. — Local exhibitors are consid- ering a request that lower admission rates be offered soldiers from nearby army posts. The request was made by officers of the Committee on Social Agencies and De- fense which is taking a lead- ing part in the move for in- creased entertainment facili- ties for the men. "ZIEGFELD GIRL" by Gilbert Bundy, one of the celebrated artists' series in M-G-M's national competition to capture tbe spirit of tbe Ziegf eld Girl of 1941. Among otber famed artists wbo bave contributed are Jobn La Gatta, McClelland Barclay, Neysa McMein and Albert Varga. ★ ★ ★ ★ * * ★ ★ ★ * ★ ★ ★ ★ ★ ★ ★ ★ ★ ★ ★ ★ * ★ ★ ★ ★ ★ ★ ★ ★ ★ ★ ★ ★ ★ * ★ ★ ★ ★ ★ ★ ★ ★ ★ ★ ★ ★ ★ ★ ★ ★ ★ ★ ★ ★ ★ ★ * * * * ★ * * ★ ★ ★ ★ ★ * ★ "Daddy, do you remember 'The feld Follies'?", said Little Cub, lc ing up at us with large leonine eyes. ★ ★ ★ ★ And, reaching back into the haunted wings of the New Amster- dam Theatre, we were launched on the bed- time story of those nights of stars provided by the memorable Flo. ★ ★ ★ ★ Soon we worked our way to the chapter wherein M-G-M immortalized "The Great Ziegfeld", and we drifted natu- rally into the glamour story of 1941: ★ ★ ★ ★ THE ZIEGFELD GIRL ★ .-*★★ For many moons Robert Z. Leonard, the director, and Pandro Berman, the producer, have been stud- ding the stars in a cluster designed to give the Auro- ra Borealis second billing. ★ ★ * ★ As Tony Martin softly sings "You Stepped Out of A Dream", which is Public Melody No. 1, you will step into a dream of glorified girls— of Hedy Lamarr and Lana Turner. Romance, in a beaming web, is spun around the personal problems of a guy played by James Stewart, the last three letters of whose name typify his work. Give up? ★ * ★ * And Judy Garland! Words fail us ★ ★ ★ ★ Lush, plush and splendiferous, thi Eyeful Tower gives us a hall of fame for a cast. ★ ★ ★ ★ For in addition to Garland, Stewart, Lamarr, Turner and Martin, there are (to name but a few) Jackie Cooper, Ian Hunter, Charlie Winninger, Edward Everett Horton, Philip Dorn, Felix Bressart, Eve Arden, Rose Hobart, Al Shean, Dan Dailey Jr., Paul Kelly, Mae Busch, Fay Holden, Ed McNamara and Girls, Girls, Girls, Girls. ★ ★ * ★ Settings by Gibbons, Gowns by Adrian. ★ ★ ★ ★ Magnificent! Glamorous! A/ighty! ★ ★ ★ ★ THE ZIEGFELD GIRL ★ ★ ★ * Glorifying the American lion. _£m Advertise merit tor Uttra-Goldvoyn-Mayer Pic turn lis ■\ 1 f/ TbU column appear* in: Cosmopolitan, True Story, Redbook, American Magazine, Ladies' Home Journal, Parents' Magazine, Liberty, Saturday Evening Post, Look. Hollywood Screen Life, Movie Story, Motion Pictures, Photoplay-Movie Mirror, Screen Romances, Modern Screen, Silver Screen, Screenland Movies, Movie Life, Screen Guide, Glamour, Picture Play, Country Gentleman, Capper's Farmer, Successful Farming, Farm Journal A Fanners' Wife, Progres- sive Farmer A So. Ruralist. TLe Spotlight, America ! • Tuesday, March 11, 1941 Motion Picture Daily 5 Feature Reviews "Mr. Dynamite" {Universal) Hollywood, March 10 HP HIS little number starring Lloyd Nolan as a baseball pitcher involved in a murder mystery and Irene Hervey as a Canadian agent on the trail of saboteurs responsible for damage to munitions plants in the United States conforms to all the rules of the school it represents except plausibility, probability and logic. Lack of these detracts in some meas- ure from the sum total of thrills piled up in a series of escapes, pursuits, murder attempts and so on which, coming close together and without a great deal of humor to counterbalance them, are in themselves well done. Scene of the affair is principally, New York's "Street of Bagdad," a place of carnival, the murder at the start of the picture occurring during a ventriloquist's pitch. In the same show occurs the finale, including another murder, and the capture of the leaders in the plot to destroy American munitions works. Between these incidents many shots are fired, none taking effect, and much deducing is done by the hero and heroine. In addition to Nolan and Miss Hervey the cast offers Ann Gillis in an effective portrayal of an adolescent, J. Carrol Naish, Robert Arm- strong, Frank Gaby, Elizabeth Risdon, Shemp Howard and, in a bit, Cliff Nazarro. Marshall Grant produced, John Rawlins directing. Running time, 63 minutes. "G."* Roscoe Williams "The Penalty" (M-G-M) '"THIS is exciting gangster fare with gun play in every reel. Several bank robberies and manhunts by the Federal Bureau of Investigation enliven the plot and the addition of such names as Edward Arnold, Lionel Barrymore, Marsha Hunt, Robert Sterling and Gene Reynolds make it a better than average program picture. Arnold is cast in the role of "Stuff" Nelson, a notorious bank bandit, whose principal interests are his son (Reynolds) and a blonde friend (Veda Ann Borg). After each robbery, the F.B.I, net tightens around the fugitive but Gene is deeply devoted to his father. Finally, young Gene is seized by the police and sent to a farm in an effort to trap the bandit. Here Barrymore, Sterling and Miss Hunt assume charge of the lad to teach him that his father's way of life is not the best. The boy remains unconvinced until the end, when Arnold returns to help Gene escape from the farm. Seeing his father shoot down Barrymore in cold blood turns him against his parent. Arnold, disgusted, decides that the boy has "gone straight." As he leaves the house, he is shot down in a hail of machine gun bullets. Harold S. Bucquet directed and Jack Chertok produced. Running time, 81 minutes. "G."* Edward Greif Pass Chaplin Film in Ecuador, Costa Rica Despite objections by the German and Italian legations, authorities of Ecuador and Costa Rica have decided to permit the exhibition of "The Great Dictator" in those countries, it was learned here yesterday. Reports from San Jose in- dicated the new Government ,of Costa Rica was taking a 'more liberal view, since its predecessor had refused to permit showing of films to which the legations of the totalitarian countries ob- jected. Providence Police Restricting Games Providence, March 10. — In an ef- fort to end games run for commercial purposes under the guise of charity, the police have put into effect a new set of rules governing the chance games. Hereafter, under the State law passed three years ago, games may be run only by bona fide char- itable organizations, and the games must be conducted in the quarters of the organization. Enforcing stricter supervision of games, the police today denied licenses for the operation of games to four groups, including a post of the Vet- erans of Foreign Wars, an auxiliary of that organization, the Columbus Club and the Providence Fraternal Association. Methodists Fight Legalizing Games Allentown, Pa., March 10. — The Philadelphia Methodist Conference, meeting here, threw its support be- hind other church and dry forces throughout the state in the battle ! against bills now before the legisla- ture that would legalize horse racing, slot machines, theatre chance games and other forms of socalled gambling. The conference also endorsed mea- sures against an "open Sunday," to increase the penalty for the violation of the 1794 Blue Laws and the act prohibiting children under 15 from at- tending films on Sunday unless ac- companied by parents. Ohio Censor Makes 39 Cuts in February Columbus, O., March 10. — The Ohio censors reviewed a total of 438 reels in February, from which 39 eliminations were ordered. This com- pares with 646 reels and 47 elimina- tions in January, while in February, 1939, there were 459 reels reviewed and 39 eliminations ordered. In connection with a bill recently introduced in the Ohio legislature to eliminate newsreels from censorship, it was revealed that there have been only three eliminations from news- reels in the past two years. Fee for censorship is $3 per reel. Buys Theatre in Iowa Ocden, la., March 10. — Victor Mantz, operator of the Ogden The- atre, has bought the Grand at Grand Junction, la. *"G" denotes general classification. Buys Philadelphia House Lebanon, Pa., March 10. — The Samler Building, housing the Capitol, was purchased by Joseph Riley, prominent Philadelphian, for $75,000. The house is now operated by the Comerford Circuit on a lease that runs to July 15, 1943. Form Yiddish Film Firm Sacramento, Cal., March 10. — Arti- cles of incorporation have been filed here for the Hollywood Yiddish Film Corp. Directors are Nathan Hale Goldberg, S. N. West, Robert D. Katz and Jean Ruth Katz, all of Los An- geles. 43 Pictures In Work as Eight Finish Hollywood, March 10. — Forty- three pictures were before the cam- eras this week, as nine were started and eight finished. Seventeen were being prepared, and 68 were being edited. The tally by studios : Columbia Finished: "Her First Beau," "Chain Gang." In Work : "Senate Page Boys," "Naval Academy," "Time Out for Rhythm." Started: "Return of Daniel Boone." M-G-M In Work: "Billy the Kid," "A Woman's Face," "Blossoms in the Dust," "Love Crazy," "Dr. Jekyll and Mr. Hyde," "The Uniform," "Lady Be Good," "Washington Melodrama." Started: untitled Dr. Kildare. Paramount Finished: "Caught in the Draft." In Work : "Skylark," "Pioneer Woman," "Little Miss Muffet," "Hold Back the Dawn," "Night of January 16th." RKO In Work : "Sunny," "Before the Fact," "Tom, Dick and Harry," "My Life with Caroline." Started: "Hurry, Charlie, Hurry," "A Certain Mr. Scratch." Republic Finished: "Sis Hopkins," "Two Gun Sheriff." In Work : "Pals of the Pecos," "Rookies on Parade," "Lady from New Orleans." Started : "Singing Hills." 20th Century-Fox In Work : "Blood and Sand," "The Great American Broadcast." Started : "Miami." Universal Finished: "The Flame of New Or- leans," "Hit the Road." In Work : "Unfinished Business," "The Black Cat." Started : "Cracked Nuts," "Horror Island," "Sandy Steps Out." Warners Finished: "Affectionately Yours." In Work : "The Bride Came C.O.D.," "Sergeant York," "Three Sons O'Guns," "Highway West," "The Gentle People," "Underground." Legion Approves 4 Of 7 New Pictures Of seven new pictures reviewed by the National Legion of Decency this week, four were approved, two for general patronage and two for adults, two others were classed as objection- able in part, and one was condemned. The new films and their classifica- tions follow : Class A-l, Unobjectionable for General Patronage — "A Girl, a Guy and a Gob," "Pirates on Horseback." Class A-2, Unobjectionable for Adults — "Missing Ten Days," "Rage in Heaven." Class B, Objectionable in Part— "That Night in Rio," "That Uncertain Feeling." Class C, Con- demned— "Adolescence." Read Trade Papers to Keep Abreast Of Arbitration, MPTO Bulletin Urges Exhibitors are urged to make full use of the trade papers in keeping abreast of the filing of arbitration complaints under the consent decree, and the subsequent disposition of the cases, in a recent bulletin to members from Ed Kuykendall, president of the M.P.T.O.A. "The more responsible trade papers are now starting a very important service in reporting in detail the complaints filed for arbitration and the progress of each complaint," the bulletin says. "They are in a position to supply this information promptly and accurately to any and all exhibitors interested in the arbitration development." The bulletin continues: "Through these trade paper reports you will know just how it (arbitration) operates . . . and what you yourself can expect from the arbitration system." 6 Motion Picture Daily Tuesday, March 11, 1941 Sale of Fairbanks Estate Share In U.A. Also Being Considered Sale to the company or to individuals approved by the remain- ing stockholders of United Artists, of the one-fifth share in the company which is owned by the estate of the late Douglas Fair- banks has also been considered lately within company meetings, but so far no deal has been made, according to latest report. Disposal to the company of the one-fifth share in the firm held by Samuel Goldwyn will reduce the number of owner-members of U.A. to four. These are the Fairbanks estate, Mary Pickford, Alexander Korda and Charles Chaplin. Pickford and Chaplin were among the original seven owner- members who elected Goldwyn to owner-membership in United Artists in October, 1927. At that time, besides Goldwyn, Pickford and the late Douglas Fairbanks, the owner-members comprised, additionally, Norma Talmadge, Gloria Swanson, D. W. Griffith and Joseph M. Schenck. Goldwyn-U.A. Deal on Stock Finally Closed (.Continued from page 1) $300,000 cash for his stock and with this settlement all of his obligations under a releasing ar- rangement with the company will have been completely liquidated. An announcement of the set- tlement is expected to be forth- coming today, as there is a meeting of the U. A. board scheduled at the home offices, and the belief in the trade is that the directors will act on the settlement at that time. One of the obstacles which was overcome in reaching the settlement had to do with claimed returns from the company's income abroad. On the Goldwyn side, this amounted to ap- proximately $90,000, it is said. Gold- wyn is reported waiving these funds in the interest of peace and obtain- ing an unconditional release from United Artists. Goldwyn's Plans Not Known The decision to settle was reached last week on the coast and negotiations were concluded here over the weekend, it is said. The producer's future plans are not revealed. That he may become asso- ciated with some major company other than U. A. is said to depend upon offers made to him by several firms and which he has under consideration. Additional to the U. A. possibility, Goldwyn is reported considering alter- native associations with at least two other companies. Goldwyn, who is 56, entered the motion picture business in 1910 when with Jesse Lasky he founded the then Lasky company. In 1917 he was in- strumental, according to the Motion Picture Almanac, in bringing about the $25,000,000 Famous Players-Lasky merger. He was chairman of the new company. Later, he formed the Gold- wyn Pictures Corp., in 1918, with Archie and Edgar Selwyn, and later sold his interest to Metro, once again returning to independent production. He became associated with United Artists in 1926. On Oct. 13, 1927, he was unanimously elected an owner- member of U. A. by the others who held that position. Storm Cuts Grosses More Than Strike {Continued from page 1) for the weekend, beginning with Fri- day, is $13,500. "Cheers for Miss Bishop" opens at the Music Mall Thursday, succeeding "So Ends Our Night." The latter with a stage show brought about $46,- 000 Thursday through Sunday. "Back Street" finishes its fourth and final week at the Rivoli tonight with about $11,- 000 expected. Halt Pittsburgh Paper Pittsburgh, March 10.— The Morn- ing Post-Gazette suspended publica- tion last night until further notice as the result of a strike called last Thurs- day by 40 employes of the circulation department. Two Arbitration Hearings This Week (Continued from page 1) cack at Westwood, N. J., has 49 days' clearance over the Central and asks that it be permitted to play day and date with that theatre or that its clearance be reduced to a maximum of seven days. The Boston complaint, scheduled for hearing Friday was filed Feb. 13 by Paulston, Inc., operator of the Park, Nashua, N. H., against Paramount, 20th Century-Fox, RKO and Warners and asks "some run." Arthur L. Brown, Boston University law profes- sor, was selected as arbitrator in the case. The Chicago complaint scheduled for hearing on Saturday was filed, also on Feb. 13, by E. F. Vanderveer, op- erator of the State, Morris, 111., against Loew's and seeks "some run." Charles Zane Henkle, vice-president of the Continental Illinois National Bank & Trust Co., has been selected as arbitrator. Changing of Title Poses New Problem (Continued from page 1) Hoffberg Co., which has the Amer- ican rights for the film, leaving the responsibility with the Central thea- tre management. The Central Thea- tre is under the direction of the enter- prises headed by Harry Brandt, presi- dent of the Independent Theatre Own- ers Association (N. Y.). In keeping with the title change the French film, doubled-billed with "School for Husbands," was adver- tised over the weekend in newspaper copy featuring a scantly-clad feminine figure and with accompanying text proclaiming as follows : "8th Spicy Week (And She's Still Naughty and Chic). Also, "2 Naughty and Risque Comedies" and "A Gay Spicy Bedroom Farce." _ The Production Code Administra- tion, in its regular requirements for a code seal, insists upon title ap- proval and also the distributor's agree- ment that all prints issued conform with the approved version. 12 Firemen Die in Brockton House Fire Brockton, Mass., March 10. — Twelve firemen were killed and 16 injured early today when the snow- laden roof of the 30-year-old Strand Theatre here collapsed during a fire which destroyed the building 1940 Profit of W.E. Up to $32,787,030 Consolidated net earnings of $32,- 787,030 were reported by Western Electric Co. yesterday for 1940. Re- sult compares with net of $16,476,086 for 1939. The company's investment in Elec- trical Research Products, Inc., a wholly owned subsidiary, amounted to $16,033,524 at the end of 1940. This valuation was reduced by $650,000 during the year to add to the reserve to cover possible loss due to the war and other world conditions. This re- serve at the end of the year amounted to $2,400,000. Western Electric reported total sales and other operating revenue for 1940 of $248,850,272, compared with $192,763,694 for 1939, while costs amounted to $217,068,843 last year compared with $175,964,072 the pre- ceding year. The company reported total current assets of $108,624,456 at the end of 1940, of which $11,363,853 was cash and deposits, and $4,543,728 was in marketable securities. Total consolidated current and accrued lia- bilities amounted to $30,897,082. Arguments Heard in Casanave-N.S.S. Case Arguments were heard by N. Y. Supreme Court Justice Mortimer B. Patterson in White Plains yesterday on motions for consolidation of actions filed by Charles L. Casanave against officers of National Screen Service and against its subsidiaries, Advertising Accessories and American Display. Briefs are to be filed today on the motions. A decision is expected later in the week. Hearings were set for March 17 on a motion by the defendants for a change of venue to New York where Herman Robbins and Toby Gruen, di- rectors of National Screen Service, have filed an action against Casanave as vice-president and general mana- ger of Advertising Accessories. At- torneys for the defendants were Jo- seph L. Hochman and Arthur B. Krim. Gustave Simons and William D. Cunningham appeared for Casa- nave. The Casanave actions ask a declara- tory judgment that his contract with Advertising Accessories and American display is valid. The Robbins-Gruen action seeks an accounting of alleged secret profit made in a stock purchas- ing and manufacturing agreement be- tween Advertising Accessories and American Display. Decency Unit Favors Minn. Legislation (Continued from page 1) provision for cancellation of unsuitable features. Miss Lynch said the organization had been told exhibitors had no ofc portunity to cancel undesirable fea- tures under present arrangements. The representatives of Loew's, RKO, War- ners and 20th Century-Fox, which pre- viously had attacked the bill did not appear. David Shearer, their attor- ney, made no appearance. The committee acted to forestall at- tacks on constitutionality of the bill by writing in an amendment pointing to the state's police power to safe- guard public morals. Clarence O. Holten, attorney for Northwest Al- lied, told the committee the Federal consent decree is not a remedy for cancellation difficulties now affecting exhibitors. Fred Strom, Northwest Allied sec- retary, pointed out the preview clause of the consent decree would prove im- practicable since it would take too much of an exhibitor's time to see all new features. Big 5 Dismissal in Schine Case Monday (Continued from page 1) 20th Century-Fox, RKO Pictures, Loew's, Inc., Warner Brothers Pic- tures, Vitagraph, Paramount Pictures and Paramount Film Distributing Corp. U. A., Universal File New York Suit Answers United Artists and Universal yes- terday filed answers to the Govern- ment's amended anti-trust complaint in the New York equity suit in Fed- eral district court here. Columbia has been given a brief extension of time for the filing of its answer. The United Artists and Universal answers, filed by Edward C. Raftery and Benjamin Pepper of O'Brien, Driscoll & Raftery, counsel for both companies, consisted of general denials of all of the Government's basic al- legations contained in the amended complaint and asked for dismissal of the case. Kuykendall, Richey Speak at la. Meet (Continued from page 1) "shock absorbers" of the industry. He suggested the importance of contact- ing local law makers to forestall new taxes. Richey told the meeting that the major companies are doing a better "pre-selling" job for pictures than ever before. M-G-M expects to spend $2,500,000 on pre-selling activity during the year. To realize the full benefit of these ef- forts and expenditures on the part of the distributors, Richey said, exhibi- tors must apply themselves more earn- estly than ever before to good show- manship. Richey made a plea for every ele- ment in the industry to aid in "making the consent decree work." un NEW YORK, SATURDAY, MARCH 8, 1941. 1 1 J I (1- (tHUHtd w«UIUT upon «n SNOW HEAVIEST IN 6 YEARS 8 Motion Picture Daily Tuesday, March 11, 1941 Compiled by THEODORE J. SULLIVAN GUARD AGAINST LOSSES AVOID TAX TROUBLES THIS NEW EASY ACCOUNTING SYSTEM DEVISED EXPRESSLY FOR EXHIBITORS TIME-SAYING ACCURATE SIMPLE 2 .oo POSTPAID INDIVIDUAL SECTIONS FOR EVERY ITEM ■ Just published for the first time, Theatre Management Record and Annual Tax Register, meets the urgent need of exhibitors for a simplified theatre bookkeeping system. Devised to cover all operating data, the Record enables you to keep a complete and up-to-the-minute account of every phase of your business without any bookkeeping ex- perience. Exhibitors, this accounting system has been compiled expressly for your con- venience. It is designed particularly for your needs and is a self-operating safeguard against losses and tax troubles. Once tried, you will be amazed at its utter simplicity. Order today and take advantage of the special introduc- tory price. QUICLEY BOOKSHOP ROCKEFELLER CENTER NEW YORK Bill in Minn. Bans Slot Films in Bars Minneapolis, March 10. — Senator B. G. Novak intro- duced today in the Minnesota Legislature a bill outlawing nickel - in - the - slot films in places selling hard liquor. The measure is a companion bill to one in the House. Marxes on Stand In Schenck Trial Harpo and Chico Marx were called as witnesses yesterday by the Govern- ment during the third day of the trial of Joseph M. Schenck and Joseph Moskowitz in U. S. District Court. Harpo, in answer to questions put to him by U. S. Attorney Matthias F. Correa, stated that although he had been friendly with Schenck for 15 years, the latter had at no time sought to bring him under contract to 20th Century-Fox. Both Marx brothers were ques- tioned as to personal dealings with Schenck. At the close of the testi- mony Chico informed the Court that he was taking the train back to the Coast immediately to start work on a new picture Monday. According to testimony, Chico is business man- ager for the Marx brothers. Victor Johnson, captain of Schenck's yacht in 1937, also was questioned yesterday. John B. Codd, West Coast comp- troller of 20th Century-Fox, will con- tinue his testimony today. 4-Hour Shows Match Triples in St. Louis St. Louis, March 10.— The Weh- renberg-Kaimann circuit of 25 neigh- borhood houses will introduce four- hour shows in its theatres three nights a week, "with nothing repeated," said Fred YA'ehrenberg, co-partner and St. Louis M. P. T. O. president. The move is in retaliation against the St. Louis Amusement Co. policy of triple features in several of its neighborhood houses. The four-hour shows will be held on Tuesday. Wednesday and Thurs- day night of each week, beginning at 7 P.M. Giveaways will not be dis- continued. Iowa Tax Revenue $70,019 for Quarter Des Moixes, March 10. — The Iowa amusement tax, part of the state's two per cent sales tax, for the period from July 1 to Sept. 30, 1940, on 1,363 places of amusement amounted to $70,019.04, indicating the establish- ments did a total business amounting to $3,500,952 in that period. This was the tax collected on mo- tion pictures and established places of amusement and does not include one night or one-week shows, circuses or carnivals. Schwartz Promoted Philadelphia, March 10. — Murray Schwartz, salesman at the Peerless exchange here, has been promoted to branch manager. He fills the post va- cated by William J. Heenan, who joined the local Paramount exchange as salesman. Two Mexican Films Are Sold for Spain Mexico City, March 10. — Jesus Grovas, former Paramount manager, now a producer, has sold two films to a Spanish syndicate for exhibition in Spain. This is the first sale of Mex- ican pictures to that country, accord- ing to trade circles here. Pictures with religious themes, which for several years were under a Government ban in Mexico, are novm being shown with excellent results." This is seen here as indicating that the Avila Camacho Government is keeping its pledge about tolerance on religion. Jose Luis Bueno, Mexican pro- ducer, following a recent visit to New York, is completing work on two fea- tures. They are designed to appeal to audiences in the United States. Mig- uel Contreras Torres is producing 'The Life of Simon Bolivar." (Lovey With $8,300 Tops Indianapolis Ixdiaxapolis, March 10. — "This Thing Called Love" and "Escape to Glory" drew $8,300 at Loew's in a week of moderate weather. At the Lyric, the Andrews Sisters and Joe Venuti's band on the stage and "Fath- er's Son" on the screen drew $8,600. Estimated takings for the week end- ing March 7 : "The Mad Doctor" (Para.) "The Monster and the Girl" (Para.) CIRCLE— (2,800) (28c-33c-44c) 7 days. Gross: $4,900. (Average, $6,000) "Footsteps in the Dark" (W. B.) "Ride, Kelly, Ride" (20th-Fox) INDIANA — (3,200) (28c-33c-44c) 7 days. Gross: $4,600. (Average. $6,000) "This Thin? Called Love" (Col.) "Escape to Glory" (Col.) LOEW'S— (2,800) (28c-33c-44c) 7 days. Gross: $8,300. (Average, $7,000) "Father's Son" (W. B.) LYRIC— (2,000) (28c-33c-44c) 7 days. Stage: Andrews Sisters, with Joe Venuti and other acts. Gross: $8,600. (Average, $8,000) Western Union' Is $8,600 Omaha Lead Omaha, March 10. — "Western Union" and "Lady With Red Hair" grossed $8,600 at the Orpheum in a good week. The weather was warm and clear. Estimated takings for the week end- ing March 4-5 : "Mr. and Mrs. Smith" (RKO) "Case of the Black Parrot" (W. B.) BRANDEIS — (1.200) (30c-40c-44c) 7 days. Gross: $5,300. (Average, $4,000) "Son of Monte Cristo" (U. A.) "Keeping Company" (M-G-M) OMAHA— (2,000) (30c-44c) 7 days Gross: $7,200. (Average, $6,000) "Western Union" (ZOth-Fox) "Lady With Red Hair" (W. B.) ORPHEUM— (3.000) (30c-44c) 7 days. Gros-,: $8,600. (Average. $7,200) Wage-Hour Bill Hits Michigan Theatres Detroit, March 10. — A new mini- mum wage and hour bill for Michi- gan theatres has been introduced in the state legislature. It supplants a former bill which has been pigeon- holed pending the action on the new measure. The old bill provided a $16 weekly minimum wage for women employes. The new bill provides a maximum work-week of 44 hours the first year, 42 the second and 40 the third. It specifies minimum hourly wages of 40 cents the first year, 45 cents the second and 50 cents thereafter. Tuesday, March 11, 1941 Motion Picture Daily 9 "Doctor's Dilemma" Will Open Tonight George Bernard Shaw's "The Doctor's Dilemma," pro- duced by Katharine Cornell, opens tonight at the Shubert with Miss Cornell and Ray- mond Massey in the top roles. The play is staged by Guthrie McClintic. Members of the supporting cast in- clude Bramwell Fletcher, Ralph Forbes, Colin Keith- Johnston and Cecil Hum- phreys. AFM Renews Drive On Radio Industry A renewed drive by the American Federation of Musicians for the use of more muscians on radio was indicated yesterday when it became known that James C. Petrillo, president, had ap- pointed Benjamin Selvin, vice-presi- dent of the Associated Music Pub- lishers, as head of a committee to investigate transcription and record companies in relation to their employ- ment of musicians. Selvin's appointment was regarded as particularly significant because he is himself head of a transcription and recording firm as well as a member of Local 802, A.F.M. The nature of the investigation was not disclosed and Selvin is the only appointee thus far, it was said. A detailed statement from Petrillo is ex- pected today. Benny Show Renewed On One-Year Pact Jack Benny, star of the Jello series n NBC-Red, and his sponsor, Gen- eral Foods Corp., have signed a new contract for an additional year, it was disclosed yesterday. Benny's pres- ent contract will expire June 1. Terms of the new pact were not revealed. Under his present contract Benny receives $18,500 weekly, from which he must pay all costs of the program, including talent. His show has the highest rating of any program regularly on the air. General Foods was victorious in a dispute with Benny on the length of his new contract. Benny was reported seeking a three-year pact, while Gen- eral Foods was desirous of keeping it at a maximum of one year because of the uncertain international situa- tion. Agency circles pointed out that in the event of a war food might be rationed, and a national advertiser might be embarrassed with a long- term contract for advertising a prod- uct which he could not sell. To Quiz NBC Official In Tarkington Case Warners filed notice in U. S. Dis- trict Court here yesterday that it will take testimony on Friday from Louis MacConnach, secretary of NBC, in connection with Booth Tarkington's suit against Warners. The writer seeks $100,000 damages and an in- junction to restrain exhibition of "Penrod and His Twin Brother" on the ground that Warners used his literary property without authoriza- tion. The film company has entered a counter-claim. The film was re- leased in 1938. Off the Antenna WG. H. FINCH, president of Finch Telecommunications, Inc., yester- • day received permission to establish an experimental facsimile station at the company's Bendix Airport laboratory in New Jersey. The new station, W2XAH, is authorized to use frequencies between 30 and 40 m.c. with 1,000 watts power. At the same time, it was announced that Finch Telecommuni- cations had been licensed by Major Edwin H. Armstrong to manufacture FM mobile communication and miscellaneous apparatus. • • • Purely Personal: George Faultier, formerly with Erwin, Wasey & Co., Jim joined WMC, M em-phis, as announcer. . . . Mrs. Maria M. Garrett of War- ners' foreign publicity department will be guest speaker on General Electric's short wave station WGEO' March 22. . . . Ted Van derVeer is a new com- mentator for Mutual and will be heard Sahtrdays, 6 to 6:15 P.M. from WSGN , Birmingham. . . . Lester Vail, of the NBC production department, has been engaged by the Theatre Guild to direct "Hope for a Harvest." . . . Fred Briggs, formerly of KVOE and KREC, Santa Ana, Cal, and KGMB and KGU, Honolulu, has been named program director of KYA, San Francisco. • • • Preparing for an extended radio and newspaper campaign for Esso Oil Burners, Standard Oil of New Jersey yesterday used a new method to emphasize the importance of radio advertising to their salesmen. Since the copy will feature "Life With Father" slogans, the salesmen were gathered in one of the major network studios, shown an act from that Broadway play and instructed on how to integrate radio advertising with sales. • • • Program News: The largest deal thus far set by Young & Rubicam with Mutual is the new "Amazing Mr. Smith" zvhich will be heard on 77 stations Mondays at 8 P.M., starting April 7, under the sponsorship of American Can Co. . . . The "Quiz Kids" infill be guests on "Behind the Mike" over NBC- Blue Sunday. . . . Starting March 20, "The Breakfast Club" will have the largest network of any daytime commercial program when Szuift & Co. will add 68 stations for a total of 142 over NBC-Blue. . . . Starting March 24, General Mills will switch its "Gold Medal Hon/' over NBC-Red. The new schedule calls for "Light of the World" at 2 P.M. ; "Mystery Man" at 2:15, and "Arnold Grimm's Daughter" at 2:45, while "Valiant Lady" remains at 2 :30 P.M. Gross to Red Cross Toronto, March 10. — Receipts of the opening performance of the new Brock Theatre at Niagara-on-the- Lake, Ontario, recently constructed by Jack Allen, proprietor of the Tivoli at Thorold, Ont, were donated to the Canadian Red Cross Society. Form Radio Companies Albany, March 10. — Two radio companies chartered here are : W. F. R. H. Broadcasting Corp., New York, by Samuel L. Fuller, Stuart Hedden and Earle H. Rodney, and Midstate Radio Corp., Utica, by Robert T. Jones, Arthur Carter and Daniel B. Conger. U.S. May Seek Start of Nets- Ascap Parleys The Department of Justice, which recently negotiated consent decrees with Ascap and BMI, may inter- vene to bring about negotiations between Ascap and the broad- casters on a new licensing agree- ment, in the event the networks do not agree soon to a meeting date, it was indicated yesterday by Ascap spokesmen. No definite arrangements for a meeting to begin negotiations with broadcasters on a new Ascap licens- ing agreement have been made yet. An Ascap official said yesterday that the society would accept any oppor- tunity to negotiate with broadcasters that "it is given a chance to." He added that he did not think "it will be necessary" to prepare a provisional contract such as has been requested by the broadcasters. Meanwhile, a special commit- tee of Ascap officers and direc- tors yesterday began revising Ascap's by-laws to conform with the Federal consent de- cree approved by the court last week. A principal phase of the work will be revisions covering the decree re- quirements for election of directors. Since the decree will not become effective until June 1 and Ascap's an- nual meeting ordinarily is held in March, there appears little likelihood of a membership election of the two directors whose terms expire this month. m SOL LESSER presents frltock- * "THAT UNCERTAIN FEELING Released thru UNITED ARTISTS ^,^^1^0 \^ I j — liiE ERN "ONE KILOWATT" ARCS USE "NATIONAL," "SUPREX" AND "OROTIP" CARBONS NATIONAL CARBON COMPANY, INC Unit of Union Carbide and Carbon Corporation HIGH INTENSITY PROJECTION POSSESSES BOX OFFICE MAGIC • It gives you full measure of profits because your patrons receive full measure of enjoyment from this high quality screen illumination. The snow white light of daylight quality assures clearer reproduction of black and white pictures — color that is really natural — and clear, comfortable vision at all times. Even the smallest theatre can now offer the comfort and enjoyment which High Intensity projection affords. The modern "One Kilowatt" High Intensity arcs are designed especially for small theatre operation. Fifty to one hundred per cent more screen light than Low Intensity projection at no higher cost. Give your patrons a High Intensity show with pleasant and safe supplementary lighting and they will respond at the box office. If you are not now using High Intensity projection ask your dealer for a demonstration. It's a profitable in- vestment. 1 881 1941 LEADERS THEN LEADERS NOW The pioneer organization, from which National Carbon Company, Inc. has grown, was founded in 1881. Throughout the intervening 60 years "National" carbons, by constant research and development, have been steadily improved and adapted to the needs of the time. THE WORDS "NATIONAL", "SUPREX" AND "OROTIP" ARE TRADE-MARKS OF NATIONAL CARBON COMPANY, INC. CARBON SALES DIVISION, CLEVELAND, OHIO General Offices: 30 East 42nd Street, New York, N. Y. Branch Sales Offices: New York - Pittsburgh - Chicago - St. Louis - San Francisco Alert, to the Picture Industry tion MOTION PICTURE DAILY and Impartial 49. NO. 49 NEW YORK. U.S.A., WEDNESDAY, MARCH 12, 1941 TEN CENTS Schine Decree Is Practically Set, U. S. States Would Drop Circuit from Buffalo Trust Suit By BERTRAM F. LINZ Washington, March 11. — De- partment of Justice officials stated today that the Government "is in practical agreement" with the Schine Circuit on the provisions of a consent decree which would eliminate it as a defendant in the Federal anti-trust suit pending at Buffalo. It was said that the agree- ment, which was reached sev- eral weeks ago, leaves little to be done before final acceptance. No indications were given of the basis of settlement. It was stated that, while no further meetings with representatives of the (Continued an page 4) Wolcott Reelected Head of Iowa ITO Des Moines, March 11. — Leo F. Wolcott was reelected president of the I.T.O. of Iowa and Nebraska at the close of the organization's conven- tion at the Hotel Savery here today. The convention adopted resolutions opposing new tax measures affecting theatres and indorsing full cooperation with the Federal consent decree and the industry's new arbitration setup. A committee was appointed and au- thorized to investigate suggestions to reorganize the unit and to report at the Spring convention. W. B. Franke was reelected vice- president and W. A. Dutton secretary. C. A. Myrick and Harold Hall were elected directors. 'John Doe' Opens In 3 Cities Tonight The Capra-Riskin film, "Meet John Doe," released by Warners, will open tonight at the Hollywood and Rivoli here, the Hollywood and Downtown, Los Angeles, and the Paramount and Beach Theatres, in Miami. Seats for tonight's performance at the Los Angeles Hollywood will be reserved for tonight's performance only, while on Broadway, blocks of reserved seats will be held for in- vited guests at the two performances this evening at both houses. Other- (Continued on page 4) I U. A. Confirms Deal For Goldwyn Stock United Artists yesterday issued a statement confirm- ing the formal closing of the agreement which relieves Samuel Goldwyn of his dis- tribution contract with the company whereby United Artists acquires Goldwyn's one-fifth stock interest in the company. The agreement was executed at a meeting of the United Artists direc- tors yesterday. This confirms Motion Pic- ture Daily's exclusive story yesterday of the closing of the deal and forecast of the board action. Theatre League Sues Drama Guild The League of New York Theatres yesterday served a complaint on the Authors League of America, parent body of the Dramatists Guild, in an anti-trust suit brought in N. Y. Su- preme Court. The complaint alleges that the Guild is a combination in restraint of trade and seeks an imme- diate temporary injunction against en- forcement of the new minimum basic agreement prepared by the Guild and which was to go into effect March 1. The League members are not will- ing to accept the new contract, ac- (Continued on page 4) LEGION DISAVOWS MINN. BILL SUPPORT Ho ff berg Makes A Call About 'Mile. Ma Mere By A. L. FINESTONE Motion Picture Daily yesterday published a report that trade experts were busy trying to figure out the implications of the brand new prob- lem arising from the exhibition at the Central Theatre on Broadway of the French film advertised as "The Virgin Bride." The story reported that the Production Code Administra- tion had examined the film under the title "Mile. Ma Mere." Later in the day, J. H. Hoffberg, distributor of the picture, called Motiox Picture Daily by telephone. "The story," said Hoffberg, "was somewhat embarrassing to me, but more so to other people. "Who are those people? "I can't tell you over the phone, but I will tell you who they are if you'll come up and see me. "What," asked Hoffberg, "was your motive in printing the story? Who are the trade experts who are trying (Continued on page 4) Orson Welles Demands 'Citizen Kane' Release Orson Welles, in a statement issued yesterday, declared that the public is entitled to see "Citizen Kane," the film he produced for RKO, that he has sufficient funds to buy the film from RKO to release it himself, and that under his contract, he has a legal right to demand immediate release of the film. His statement follows : "I believe that the public is entitled to see 'Citizen Kane.' For me to stand by while this picture was being sup- pressed would constitute a breach of faith with the public on my part as a pioducer. "I have at this moment suffi- cient financial backing to buy 'Citizen Kane' from RKO and to release it myself. "Under my contract with RKO I have the right to demand that the picture be released and to bring legal (.Continued on page 4) A. A. A. Reception for Appeals Board Today The American Arbitration Associa- tion will give a cocktail reception to members of the national appeals. board of the industry arbitration system at the Rockefeller Center Lounge in the RCA Building today. Prominent mem- bers of the industry have been invited to attend. The following are among those expected : Van Vechten Veeder, George W. Alger and Albert Putnam, the appeals board members ; Barney Balaban, Chief Magistrate St. George Bissell, C. V. Whitney, Martin Quigley, T. J. Connors, Neil F. Agnew, Professor W. H. Atkins, Leonard Goldenson, James V. Hayes, Mrs. Rebecca Brownstein, Joseph Proskauer, Louis Phillips, Mrs. Roger Williams Straus, (Continued on page 4) National Decency Group Disclaims Backing of Allied Measure The National Legion of Decency, through Mrs. James F. Looram, chairman of the reviewing commit- tee, yesterday disavowed the testi- mony in support of the anti-blocks- of-five legislation sponsored by Allied Theatres of the Northwest in the Minnesota legislature. The testimony was given to the House judiciary committee at a hear- ing on Monday by Miss Helen Lynch of Minneapolis, who said the Legion of Decency approved the bill, which provides for a 20 per cent cancella- tion, because the Federal consent decree does not give exhibitors the right to cancel unsuitable features. Mrs. Looram said that Miss Lynch was not authorized to speak for the Legion of De- cency. She said that its only authorized spokesmen in Min- nesota are the Very Reverend Donald J. Gregory, Chancellor of the Diocese of St. Paul, and Father Martin Larkin of Du- luth. The former, she said, has been asked to make plain the Legion's position. Mrs Looram said the Legion of Decency has not "considered or acted (Continued on page 4) AGVA Negotiating Chicago Contracts The Chicago local of the American Guild of Variety Artists is negotiating for contracts with the Mort Singer circuit, the Riverside Theatre in Mil- waukee, the Warner circuit and the Oriental in Chicago, it was revealed yesterday in a letter by AGVA to its membership. Contracts with the Balaban & Katz circuit are ready for signature, it was said. A plan has been devised to reorgan- ize the AGVA national board to give each local representation. Letters will be sent before board meetings to all locals advising them of the agenda. In Today's Issue Reviews of "Men of Boys Town" and "Topper Returns" will be found on Page 8. . . . Television agrees on 525-line standard, Page 9. 2 Motion Picture Daily Wednesday, March 12, 1941 Buffalo Chance Game Is Fought by Pastor Buffalo, March 11. — The Rev. Neil Crawford, pastor of the University Church of Christ here, from the pulpit sharply reprimanded the op- erators of the Granada Thea- tre, Schine house, for its Sat- urday afternoon Pay Day for children. It is a chance game plan in which children only par- ticipate. The clergyman scored the game as "gam- bling" and promised to lead a fight against it. N.J. Anti-Ascap Bill Discussed by Allied Allied of New Jersey members at a meeting at the Ritz restaurant in Passaic yesterday discussed the anti- Ascap bill recently introduced in the New Jersey legislature and other matters, including arbitration and a tieup between the organization and National Screen Service. A social gathering in the evening followed. Lee Newbury presided. Buffalo Benefit Sunday Buffalo, March 11.— The Buffalo Variety Club will conduct its charity dance at the Statler Hotel Sunday night. Mayor Thomas L. Holling will receive for the city apparatus donated by the club for infantile paralysis vic- tims. Personal A -MIKE VOGEL, chairman of Managers' Round Table of Motion Picture Herald, arrived on the Coast yesterday via American Air- lines. Ned Depinet, RKO vice-president and distribution head, left the Coast last night for New York. • Joseph Coopee, Denver circuit oper- ator, is in town. • Harry Mersey, head of the 20th Century-Fox print department, is in Miami. Walter Reade, Jr., son of the circuit operator, will report in Tren- ton Friday for a year's army service. • Edgar Moss, Philadelphia district manager for 20th Century-Fox, is resting in Hot Springs, Ark., after an illness. e Milton Silver, National Screen Service advertising director, and Mrs. Silver will have the leading parts in a "Bundles for Britain" show in West- port, Conn., Friday evening. « Charles B. Moss, managing direc- tor of Loew's Criterion, leaves Friday for three weeks in Florida with Mrs. Moss. • Harry Kalmine, Warner Theatres zone manager in Pittsburgh, plans a trip to Miami shortly. Mention JOHN H. HARRIS of Pittsburgh, National Chief Barker of the Variety Clubs, is in town. • Robert J. O'Donnell of Interstate Circuit is in New York from Dallas. • Monroe Greenthal, Oscar Doob, Ben Abner, C. J. Scollard, Rudy Montgelas, F. J. A. McCarthy, Ed Saunders, E. K. O'Shea, George Skouras, Art Schmidt and George Kaufman lunching yesterday at Nick's Hunting Room in the Astor. • Louis Pollock, Lou Rydell, Joe Gallagher and Malcolm Kingsberg having lunch at Toots Shor's yester- day. • Stanton Griffis, Austin Keough, Louis Phillips, Marvin Schenck, Sidney Phillips, Al Altman, George Dembow, Carol Bruce, Ruth Gordon, Lee Shubert, John Golden, Guy Bolton, Boris Kaplan and Dennis King lunching at Sardi's yesterday. • Charles Stern, Clarence Eise- man, J. J. Milstein and Arthur Gottlieb at Lindy's (Slst St.) yester- day. • Emanuel Silverstone, Walter Gould, Morris Helprin, Al Mar- golies, Harry Gold and John Wright lunching at Lindy's (next to the Rivoli) yesterday. • William J. Heineman, J. J. Jordan, Armand Schneck, Don Hancock, Gordon Mitchell, Alan Freedman and Irvin Shapiro having lunch yesterday at the Tavern. • Mrs. Lou Brown, wife of the Loew-Poli publicity chief in New Haven, will leave this week for Orlando, Fla. Brown will join her later. • Morton Freedgood of United Art- ists' publicity staff has completed a novel to be published shortly. 8,000 Houses Sign Defense Aid Pledge A total of 8,000 theatres already have signed pledges to cooperate fully with the Motion Picture Committee Cooperating for National Defense, ac- cording to Harry Brandt, chairman of the organizing committee. The rest of the theatres in the country are expected to send in their pledges within the next few weeks. Film Man's Kin Killed Matthew McGeary, a brother of Clarence McGeary of the RKO home office playdate department, was one of 12 firemen killed in the Brockton, Mass., fire early Monday which de- stroyed the Strand Theatre. Another brother, James, was injured. Comer ford Kin Dies Scranton, Pa., March 11. — Mrs. Joseph F. Comerford died here yes- terday. She was the wife of Dr. Joseph F. Comerford, nephew of the late M. E. Comerford, founder of the Comer- ford circuit.' Pascal Seeks Office For 'Barbara9 Here Gabriel Pascal, it is reported, must obtain separate business representation for "Major Barbara," to be released by United Artists, due to the inability of the Alexander Korda organization here to undertake supervision of the Pascal film. Korda's New York organization, headed by Steven Pallos and Emanuel Silverstone, is concentrating on the early release of "That Hamilton W^ man," Korda's latest for U.A. Sine ^ Pascal production is scheduled for . lease at approximately the same time, Korda felt that his organization here would be unable to do justice to both. Pascal, as a result, has been trying to obtain representation through the Selznick-International Company here. It is understood no deal has resulted as yet. Para, to Release Short for Greece Paramount will distribute at once a special short subject, "Greece Fights Back," for the benefit of Greek war relief, Neil Agnew, general sales man- ager, announced yesterday. The one- reel subject was produced by the March of Time, and will be available to theatres on a rental basis. All proceeds will go to the relief fund. The Greek War Relief Association will introduce the subject at a part}' at Toots Shor's Restaurant tomor- row. To Contribute Weekly New Haven, March 11. — Members of the local Warner exchange staff have pledged themselves to contribute weekly to the Greek War Relief Fund until the local campaign is over. Hannah Ginsberg and Jack Mullen are in charge. Phila. Club Dinner To Honor Leon Levy Philadelphia, March 11. — A for- mal dinner dance in honor of Dr. Leon Levy, new chief barker, will be held by the Philadelphia Variety Club this Saturday at its clubrooms in the Belle - vue-Stratford Hotel. The Women's Auxiliary has set April 26 as the date for its donor dinner dance, to be held at the Ritz-Carlton Hotel. Mrs. Samuel Gross and Mrs. Harry Biben are co-chairmen for the affair. MOTION PICTURE DAILY {Registered U. S. Patent Office) Published daily except Saturday, Sunday and holidays by Quigley Publishing Company, Inc., 1270 Sixth Avenue, Rockefeller Center, New York City. Telephone Circle 7-3100. Cable address, "Quigpubco, New York." Mar- tin Quigley, Editor-in-Chief and Publisher; Colvin Brown, Vice-President and General Manager; Watterson R. Rothacker, Vice- President; Sam Shain, Editor; Alfred L. Finestone, Managing Editor; James A. Cron, Advertising Manager; Chicago Bureau. 624 South Michigan Avenue, C. B. O'Neill, Manager; Hollywood Bureau. Postal Union Life Building, William R. Weaver, Editor; Leon Friedman, Manager; London Bureau, 4 Golden Square, London Wl; Hope Wil- liams, Manager, cable address "Quigpubco. London." All contents copyrighted 1941 by Quigley Publishing Company. Inc. Other Quigley publications: Motion Picture Herald. Better Theatres, International Motion Pic- ture Almanac and Fame. Entered as second class matter, Sept. 23, 1938, at the post office at New York, N. Y., under the act of March 3, 1879. Subscription rates per year $6 in the Americas and $12 foreign. Single copies 10c. California AMERICAN'S SOUTHERN SUNSHINE ROUTE •^r Five American Flagships daily take you along the Southern route across Virginia, Tennessee, and through the sunshine of Texas and Arizona to Los Angeles and the Pacific Coast. Save days of time, enjoy every minute of your trip. For reservations, call your Travel Agent or HAvemeyer 6-5000. Ticket Offices : 18 W. 49th St. at Rockefeller Center and Airlines Terminal, 42nd Street at Park Avenue. AMERICAN AIRLINES * ROUTE OF THE FLAGSHIPS FRANK CAPRA PRODUCTION FOR 1941 GARY BARBARA 0OPER- STANWYCK with EDWARD ARNOLD • WALTER BRENNAN Spring Byington • James Gleason and Gene Lockhart This Screen Play, as were most of the major successes of Frank Capra, is by ROBERT RISKIN Directed by Frank Capra Distributed by Vitagraph, Inc. Produced at the Studios of WARNER BROS. jjjjjj AT 2 NEW YORK THEATRES THE RIVOLI THE HOLLYWOOD AT 2 LOS ANGELES THEATRES THE HOLLYWOOD THE DOWNTOWN AT 2 MIAMI THEATRES THE PARAMOUNT THE BEACH AND AT THE CRITERION, OKLAHOMA CITY 4 Motion Picture Daily Wednesday, March 12, 1941 Orson Welles Demands 'Citizen Kane9 Release Nat'l Legion DisavowsMinn. Bill Support {Continued from page 1) upon" the Minnesota bill, and is not likely to, since it regards the measure as an industry matter. Shearer to Appear Against Five-Block Bill Minneapolis, March 11. — David Shearer, attorney for 20th Century- Fox, Loew's, Warners and RKO, said today he would appear before Senate and House committees on the anti-consent decree bill sponsored by Northwest Allied to press his con- tention that the measure is uncon- stitutional, a charge he already has made before the House committee. "Everybody wants ■ to give the de- cree a fair trial except the relatively small group backing the bill, which is an attempt to throw the decree out the window," he said. The House judiciary committee has scheduled final action on the bill for tomorrow, while the Senate general legislation committe at its meeting tomorrow will decide when it will vote on the measure. A, A. A. Reception for Appeals Board Today (Continued from page 1) William Zimmerman, Sam Shain, Howard Levinson, J. Noble Braden, Lawrence Stessin, William Sussman, P. S. Harrison, Maurice Kann, Charles Lewis and Chester Bahn. Members of the New York board's panel of arbitrators and A. A. A. of- ficials also will attend. Braden Says Decree Aids U. S. Defense The industry consent decree was pictured as an important contribution to national defense by J. Noble Braden, A.A.A. executive secretary, in an address to the Harvard School of Business at the Harvard Club here yesterday. Pointing to costly litigation between the Government and the industry which preceded the decree, Braden said that it "could not but adversely be reflected in the attitude of the general public while abroad it was just such situations which gave the impression that this was a country of wide commercial and industrial strife." A panel of 10 arbitrators for the Albany board was made public by the A.A.A. yesterday. Typical of those comprising it are Louis Groch, Albany manager of J. S. Bache & Co., and Eugene Orvris, industrialist. 'They Walk Alone' At Golden Tonight "They Walk Alone," a new play by Max Catto, staged by Berthold Viertel, will be presented tonight at the Golden Theatre by Ben A. Boyar. Elsa Lanchester and Carol Goodner head the cast. (Continued from page 1) action to force its release. RKO must release 'Citizen Kane.' If it does not do so immediately, I have instructed my attorney to commence proceed- ings. "I have been advised that strong pressure is being brought to bear in certain quarters to cause the with- drawal of my picture, 'Citizen Kane,' because of an alleged resemblance be- tween incidents in the picture and in- cidents in the life of Mr. William Randolph Hearst. "Any such attempts at suppression would involve a serious interference with freedom of speech and with the integrity of the moving picture indus- try as the foremost medium of artistic expression in the country. Says Character Is Fictitious "There is nothing in the facts to warrant the situation that has arisen. 'Citizen Kane' was not intended to have nor has it any reference whatso- ever to Mr. Hearst or to any other living person. No statement to the contrary has ever been authorized by me. 'Citizen Kane' is the story of a wholly fictitious character. "The script for 'Citizen Kane' was scrutinized and approved by both RKO Radio Pictures and the Hays office. No one in those organizations nor anyone associated with me in the production of the picture believed that it represented anything but a psycho- logical analysis of an imaginary in- dividual. I regret exceedingly that anyone should interpret 'Citizen Kane' to have a bearing upon any living per- son, or should impugn the artistic purposes of its producers." Welles' 'Kane' Contract Gave Him Wide Power "Citizen Kane" was produced by Welles under a contract which gave him unusually wide powers in connec- tion with selection of story, treatment and casting. While the picture was in production, and details concerning it were carefully guarded, word leaked out of the studio to the effect that it was "a story about Hearst." When seen by a Hollywood column- ist several weeks ago, the produc- tion was immediately made the focus of much controversy and discussion. (Continued from page 1) to figure it out? Maybe the trade experts who steered you onto the yarn are competitors who are jealous of the picture's success. "There are no trade experts in the business such as you say there are. Anyone who has been in the business long enough to be an expert knows that a picture is entitled to a show- ing as long as it brings money into the box-office. "I have been in the business 26 years, and I know box-office values, having handled a lot of pictures. "Your reporter got the story cock- eyed. If he would come up and see m,e before writing stories such as this, I would show him that the pic- Following the initial screening it was shown to Louella Parsons who imme- diately took a strong position against it, summoning to her side various executives of the Hearst organization together with several leading Holly- wood executives. Miss Parsons and others insisted that the production mirrored the ca- reer of W. R. Hearst and at the same time presented an unfavorable picture of the noted editor and publisher. In view of this, several key executives in Hollywood declared that the pro- duction fiiiould nQt be publicly exhib- ited because of the Hearst opposition, insisting that Hearst has always been a friend of the industry and also point- ing out that the industry could ill- afford to be made the object of counter attack by the Hearst newspapers. A proposal was tentatively advanced in Hollywood that the principal companies share the cost of the production and shelve it. The producing company has insisted from the start that it was not intended to suggest Hearst in the picture and that the characters and incidents pre- sented are all purely fictional. Early in the controversy Welles made a statement to the effect that the story was not about Hearst but that if there had not been a man like Hearst it would not have been written. Various Reactions Reported Various reactions have been re- ported by persons who have seen the picture, many contending that it sug- gests the personality and career of W. R. Hearst. All are agreed, or virtu- ally so, that the production is of high merit in its interest-holding qualities, its novel and effective direction and in its unusual photographic effects. Welles, who plays the central char- acter in the story, is credited with a performance of vigor and distinction. It has been reported that the story idea of the production originated with Joseph L. Mankiewicz, M-G-M writ- er, who turned it over to his brother, Herman Mankiewicz. The latter ,is given screen credit together with Welles. RKO Radio Pictures Corp. has made no disclosure as to its intentions about releasing the picture. ture is doing well all over the country. "The only people who don't like the picture are the rabble, because they do not understand subtle, so- phisticated humor. It's a bedroom farce and full of risque situations, but clean. Intelligent people appreciate it. "It's true the title, 'Mile. Ma Mere', was dropped from the advertising, but both the title and the line 'Virgin Bride' appear on the marquee. "The theatre management is entitled to advertise the picture in any way it will bring business, the same as the 'big trust' houses on Broadway, so long as no toes are stepped on. "The way they "are advertising the film does not violate any ethics. Neither are we." Schine Decree Is Practically Set, IL S. States (Continued from page 1) theatre company are planned for th£ immediate future, the Department, nevertheless, is "satisfied with /*M situation." m Statement Called 'Premature' Buffalo, March 11. — Government representatives here and Federal court attaches could not be reached for com- ment tonight on the Department of Justice intimation that a "practical" agreement had been reached with the Schine Circuit on a consent decree. Unofficial sources, however, were in- clined to discount the report or to regard it as premature. No Comment by Schine Counsel Willard S. McKay, attorney for the Schine Circuit, declined to comment on the statement from the Department of Justice until such time, he said, "as he has been officially advised by the Department of its views." New York trade officials received the statement with surprise, recalling that a Department of Justice repre- sentative while here a few weeks ago informed the trade press that the de- cree negotiations with Schine had been abandoned and the Government was preparing for trial of the case. 'John Doe9 Opens In 3 Cities Tonight (Continued from page 1) wise, the box-offices at both theatres will open to the general public at 6:30 P.M. one hour before the film opens. The picture will play its en- gagement on a continuous basis with no reserved seats, at popular prices. Industry executives and society and official figures are expected to attend the New York opening. WMCA will broadcast the opening tonight from both Broadway houses, from 9 to 9:30 P.M. The New York Subway Advertis- ing Co., which controls the, advertis- ing car cards in New York's sub- ways and other transportation vehi- cles, has instituted a plan of using certain of the car cards for editorial material to stimulate public interest in the cards. This will feature a "picture, of the month." First film selected is "Meet John Doe." The card has been placed in 17,000 trans- portation units, and carries photo- graphs of the stars and copy prais- ing the film. N.Y. Theatre League Sues Drama Guild (Continued from page 1) cording to the complaint, and find the closed shop provisions against foreign dramatists particularly objectionable. League members also object to the fact that they have no voice in the sale of film rights and seek an increase from 40 to 50 per cent of the proceeds of such sales. Hoffberg Phones About 'Ma Mere9 RKO leads tlie EASTER PARADE witlt a sRow made to order (or #&k^f PI T riayinQ I aymg lime R K O RADIO PICTURES SWING OH FRANK ROSS and NORMAN KRASNA pre JEAN ARTHUR rfii Directed by SAM WOOD Director of "KITTY FO and "MR CM With the gayest, freshest, brightest comedy Lance you could ever hope fori A sprightly, speedy, spicy delight direc- ted by the man who gave you "Kitty Foyle"and writ- ten by the author of "Mr. and Mrs. Smiths.. BOOKED attra"£wqnby scores of FIRST RUNS>*£RXWHEREJ BERT CHARLES CUMMINGS COBURN EDMUND GWENN • SPRING BYINGTON • S. Z. SAKALL |AKDI§ WILLIAM DEM AREST • produced by frank ROSS PICTURES 8 Motion Picture Daily Wednesday, March 12, 1941 British Industry Is Alarmed Over Technician Lack London, March 11. — All sections of the British film industry are seriously concerned over what they belive indi- cates an impending labor crisis, in view of the unofficial but authoritative reports that the Government will re- move some film technicians from the list of reserve occupations. It is reported the Government shortly will overhaul the labor re- serve occupation schedules, which pre- scribe which classes of emploj'es need not £0 into active military service, but may be classed as in reserve occupa- tions. May Raise Age Limit It is believed the revision will re- sult in stepping up the minimum age to 35 in some cases and the removal of other types entirely from the re- serve listing. Producers and labor in- terests are convinced that such a move would result in an industry crisis. Xot only studio technicians but thea- tre projectionists also would be af- fected. It is thought likely that an all-industry deputation to protest to the Government over the expected changes may be organized in the im- mediate future. The new reservation schedules have not yet been published, but their terms are generally known. Commission Approval Expected The Association of Cine Technicians at its forthcoming annual meeting will insist that the maintenance of film technicians on the reserved occupation list is essential. The association also is expected to approve the Govern- ment plan for a Films Commission on the ground that it will prevent the sort of industry' catastrophe which fol- lowed the last war. Currently on the reserved list, with the minimum age set at 30, are cut- ters, cameramen, carpenters, directors, electricians, makeup men. painters, plasterers, sound engineers, producers and scenarists. Also on the reserved list, with an age minimum of 25, are projectionists. Warner Pittsburgh Managers Shifted Pittsburgh, March 11— Six staff changes have been announced for Warner theatres by Fred A. LaBelle, personnel director in this area. Al Skigen, formerly Manor assist- ant manager, has been named manager of the New Oakland. Charles Alcott succeeds Edward Solomon, resigned, as assistant manager of the Warner. Milton Ripu. formerly Schenley as- sistant manager, has been transferred to the Enright in a similar post. Victor Goldberg, formerly assistant manager at the Ambridge, has been transferred to Cambria, Johnstown, in a similar capacity. John Marini has been pro- moted from doorman to assistant man- ager at the Mt. Oliver, and Alex Stra- tigos from Rowland doorman to assist- ant manager at the State, Wilkinsburg. Kohlmar Settles Pact Hollywood, March 11. — Fred Kohl- mar, 20th Century-Fox associate pro- ducer for the past 18 months, has settled his contract and will report to Paramount shortly as associate producer. Feature Reviews "Men of Boys Town" {M-G-M) \X7'ITH a lavish hand. Producer John W. Considine, Jr., and Nor- " * man Taurog, director, have bestowed upon "Men of Boys Town" ample portions of those qualities of sentimentality and heart-touching drama which always can be depended upon to mean much at the box- office. When those qualities of story have reference to the famous Boys Town of Father Flanagan, the original screen portrayal of which made such successful screen merchandise, and when the interpretations are in the extremely capable hands of Spencer Tracy and Mickey Rooney, the exhibitor has a picture which can be sold to the hilt, and which should yield most generous results. Tracy, in the role of Father Flanagan which he created in the first "'Boys Town," here again offers a portrayal so richly human and per- fectly attuned to the character that in itself it becomes a strong selling point. Rooney, although at times he has a slight tendency to overplay, offers a fine performance as the mayor of Boys Town whose temporary adoption and attempt to aid a runaway from a reformatory brings new problems to Father Flanagan. Opportunity is afforded in the script, and well handled by Tracy, to plead for more "Boys Towns" in the country, for more intelligent and sympathetic treatment of so-called wayward boys. The picture is con- cerned with Father Flanagan's efforts to raise money for new buildings he has begun without the necessary funds at hand, his rejuvenation of the runaway reformatory inmate, and the wiping out of that breeder of young criminals. Woven into the story is the characterization of Rooney, as a boy typical of the best that Boys Town produces, whose loyalty to Father Flanagan and his ideals makes for the dramatic incident and wide audience appeal. The film may be considered to have slightly too much emphasis on sen- timentality, and perhaps with more judicious cutting of several scenes, might have been more compact, but this detracts but little from a real box-office picture. Bobs Watson, Larry Nunn, Darryl Hickman, Henry O'Neill, Lee J. Cobb and Arthur Hohl are most effective in an able supporting cast. Running time, 106 minutes. "G."* Charles S. Aaroxsox Pittsburgh Stage Has Good Season Pittsburgh, March 11.— Boom-time box-offices for four of the past five weeks at the Xixon, the city's only legitimate theatre, and bookings for at least seven more weeks this Spring, indicate that the season here, starting with few shows, will wind up as one of the most profitable during the past decade. During Februarv, "Tobacco Rc (ft drew $19,000 at $1.65 top in nine \. ~ formances. "Hellzapoppin" grossed $61,000 in two weeks at $3.30 top, and "The Male Animal" pulled $11,500 at $2.75. Extra matinees were given for "Tobacco Road," which beat its last year's gross of $17,500, and for the Olsen-Johnson show. Following "Night Must Fall" last week and the current "Blossom Time," the Nixon will present a return en- gagement of "The Alan Who Came to Dinner," which grossed $40,000 in two weeks here a couple months ago, a return of "The Little Foxes" which premiered here two years ago, and "Twelfth Night" with Helen Hayes and Maurice Evans under American Theatre Society auspices. After a dark week, will come "Cabin in the Sky," with Ethel Waters, the Lniversity of Pittsburgh Cap and Gown Show, and "DuBarry Was a Lady." Built 35 years ago, the Nixon seats 2,216. "Topper Returns" {Hal Roach-United Artists) OMEDY, suspense and mystery, with comedy predominating, are neatly blended to provide a "Topper" sequel which is aiways entertaining and compares well with its predecessor, "Topper Takes a Trip." Employing the characters conceived by the late Thorne Smith, there has been fashioned a story which bends the popular mystery dramas of several seasons ago to the hilarious purposes of Producer Hal Roach and Director Roy Del Ruth. That story is of the murder through mistaken identity of Joan Blondell, as Gail Richards, and of the bizarre happenings wmich follow upon her supernatural reappearance to aid the unwilling Topper in recovering not only the corpse, which has disappeared, but in identifying the murderer as well. Roland Young accounts for another excellent characterization of the bewildered and helpless Topper to whom the animated "ghost" of Gail Richards attaches itself. Billie Burke again gives one of her good performances as the not-too-bright wife, and Eddie "Rochester" Ander- son contributes importantly to the comedy. Good characterizations are provided by H. B. Warner, George Zucco, Donald MacBride. Dennis O'Keefe, Carole Landis and others. "Topper Returns" may best be sold as comedy, with its cast featured. However, its mystery elements should not be ignored, as the picture has moments of genuine suspense, with concealment of the murderer's identity well contrived, as is the unravelling of the mystery. It should appeal to the many who are partial either to comedy or mystery, or to both. Running time, 88 minutes. "G."* Sherwix A. Kane Chico Marx Reveals 20th-Fox Parleys Chico Marx, recalled as a witness in Federal district court here yesterday in the Government's tax suit against Joseph M. Schenck and Joseph H. Moskowitz. testified that he had sev- eral conversations with Schenck in 1936 and 1937 regarding a 20th Cen- tury-Fox contract for the Marx Brothers. The testimony was brought out under questioning of Harold H. Cor- bin. defense counsel, to prove that Schenck's entertainment expenses were part of his efforts to secure talent for his company. Dolph Schadler, head of Loew's tax department, a Government witness, tes- tified he prepared Schenck's tax re- turns from figures submitted to him by Joseph Moskowitz. Other witnesses were Sam Silver, studio barber, and Catherine Sullivan. Joseph Moskowitz's secretary. She identified expense vouchers which she said the company paid for Schenck while he was in New York. "G" denotes general classification. Loses Case Against W.B. Buffalo, March 11. — Supreme Court Judge Piper today denied Joan Havens an injunction to restrain the Warner circuit from remodeling and repairing the Havens at Olean, N. Y., under lease to Warners. Mrs. Havens, a one-third owner of the property, charged the project was a "waste." Anti-Discrimination Bill Albany, March 11.— Another anti- discrimination bill was introduced in the Legislature today by Assemblv- man Robert F. Wagner, Jr., to make'it unlawful for persons or firms conduct- ing business involving a public interest to discriminate because of race, color or creed. O'Mahoney Urges Federal Charters Washington. March 11. — Legisla- tion requiring Federal charters for na- tional corporations, thorough enforce- ment of the anti-trust laws and the en- couragement of small business by revi- sion of tax laws were recommended today by Sen. Joseph C. O'Mahoney, chairman of the Temporary Economic National Committee. The committee held its final meeting today prior to beginning the draft of its report on monopoly in industry. Basketball Playoff Set The M-G-M and National Screen Service basketball teams will play for the championship March 29 at the Riverside Plaza Hotel. Wednesday, March 12, 1941 Motion Picture Daily 9 Senate Group Votes On Wakefield Today Washington, March 11. — Senate Interstate Commerce Committee will meet in ex- ecutive session tomorrow to consider the nomination of Ray C. Wakefield for the vacant FCC post. Unless op- position develops, necessitat- ing hearings, it is likely that the committee will make a re- ^oort on the nomination to •*i\e Senate immediately. Station Ordered to Halt Ban on Union Washington, March 11. — Capital Broadcasting Co., operator of Station WCOV, Montgomery, Ala., today was ordered by the National Labor Rela- tions Board to cease interfering with the union organizational activities of its employes to bargain collectively with the International Brotherhood of Electrical Workers, A.F.L., as repre- sentative of its radio engineers. The station was ordered to offer reinstate- ment with back pay to four employes held unfairly discharged because of their union activities. Duke Sponsors Opening The Duke and Duchess of Wind- sor will sponsor the opening of "Major Barbara" at the Cinema, Nas- sau and Savoy Theatres in Nassau, B.W.I., on March 20. The proceeds will go to British war relief. The film was produced by Gabriel Pascal and will be released by United Art- ists. To LOS ANGELES Thru Mainliner Sleepers No Change of Planes The Continental. Lv. 5: 10 pm with morning arrival in Los Angeles. The Overland Flyer. Lv. 11:10 pm with daylight for the scenic west- ern portion of the trip. Reservations: travel agents, hotels or UNITED Air Lines Airlines Terminal: 80 E. 42nd St. 67 Wall St. 649 Fifth Avenue Pennsylvania Hotel Ph MU-2-7300 Off the Antenna MUTUAL will add two more stations this month to bring its total number of affiliates to 177. The new outlets are WALB, Albany, Ga., a new station which is scheduled to go on the air March 29 under the ownership of the Albany Herald, and KWLM, Willmar, Minn., which will join March 24. WALB will operate on 1,530 k.c. with 1,000 watts full time. KWLM operates on 1,310 k.c. with 100 watts unlimited time. The latter station also will join the Northcentral Broadcasting System, a regional network, on the same day it becomes affiliated with Mutual. • • • Maxwell Wane yesterday joined WMCA as sales promotion manager. He was formerly promotion manager of Look and was also retail promo- tion manager of the New York Evening Journal. Lillian Corsover has joined the station to handle promotion and publicity for women's programs. • • • Purely Personal: Mary Rennie, director of publicity and sales promotion for WCCO, Minneapolis', is in town for conferences at CBS . . . Bernard Gimbel, Jr., president and Murray Arnold, program director, of W1P , Phila- delphia, were in town yesterday for conferences of Mutual . . . Juan Arznsu, Latin American singer, has joined the staff of CBS artists. He will be featured on the nezv CBS Latin American short wave network to be inaugu- rated Sept. 1. • • • Program News: Pepsi-Cola will use a 135-station NBC-Bluo hookup for Ray Perkins in "The Nickel Man" for 20 weamo to the^| cjtion Picture inuu&iry DD MOTION PICTURE DAILY 49. NO. 50 NEW YORK, U.S.A.. THURSDAY, MARCH 13, 1941 TEN CENTS Gov't Station Is Urged to Inform Public TNEC Cites Need for 'Adequate Machinery' Washington". March 12. — The establishment of a Government-owned and operated radio station for the dis- semination of information on public problems, particularly including the activity of lobbyists, is recommended in a Temporary Xational Economic Committee report. The monograph, prepared by Don- ald C. Blaisdell, an economist of the Temporary National Economic Com- mittee, urges the Government station in the event that it is not possible to require private radio chains to keep the public informed as a condition of retaining their licenses and as a public service. Blaisdell recommended the registra- tion of lobbyists as well as the pub- licizing of their activities by radio. Citing the Motion Picture Producers .ind Distributors of America among (Continued on page 7) Para. Purchases Japanese Bonds Paramount has purchased Japanese government bonds totaling 765,000 yen (approxi- mately $179,000 at the present exchange rate) with its blocked currency in that country, according to cabled dispatches from Tokyo which credited the information to Japanese newspapers. John W. Hicks, Paramount vice-president and foreign manager, could not be reached yesterday for comment. Dispose of Ascap Case in Wis. Today Disposition of the Government's criminal information pending against Ascap is scheduled to be made today in Federal District court at Milwau- kee. Ascap officials and attorneys, in- cluding Gene Ruck. E. C. Mills. John G. Paine, Louis D. Frohlich and Herman Finkelstein left New York- last night to attend the Milwaukee hearing. The case is scheduled to be disposed of through the levying of fines totalling $24,000 against Ascap and some of its publisher members. Meanwhile, the National Associa- tion of Broadcasters has apparently (Continued on page 7) $243,482,000 1939 Gross at 517 Exchanges Washington, March 12. — Re- ceipts of 517 film exchanges oper- ating throughout the country in 1939 were $243,482,000, an increase of 10.4. per cent over the $220,- 605,000 reported by 533 exchanges for 1929, it was reported tonight by the U. S. Census Bureau. [The Motion Picture Almanac for 1940-'41 lists a total of 436 exchanges in the United States.] Preliminary figures compiled by the bureau showed that 303 producer- (Continucd on pane 3) MINNESOTA BILL WINS APPROVAL Distributors Wage Fight Against Georgia Bill; Hearing on Today By LEE ROGERS Atlanta, March 12. — Distributor representatives have gone to work in earnest in an effort to prevent passage of the bill to contravene the selling provisions of the Federal consent de- cree in the Georgia House, after its passage in the Senate late last week without opposition. The House judiciary and rules com- mittee will hold a public hearing on the measure at noon tomorrow. Large delegations to argue both sides ar- rived today to attend the hearing. In- dependent exhibitor representatives were confident tonight that the bill would pass the House as it did the Senate. The Georgia bill, similar to the one pending in Minnesota, would permit the distributors to offer their full sea- son's program in block with a 20 per cent cancellation to the exhibitor. Since the startling success of the bill in the Senate, where distributor representatives said it was passed un- der the guise of an administration measure, they have intensified efforts to have the bill killed. They contend that it is illegal since it is contrary to the consent decree of a Federal court. They also urge that the decree should be given a fair (Continued on page 3) Doe' Has Double Opening on B'way "Meet John Doe," the new Frank Capra production being released by Warners, was given its two-theatre opening on Broadway last night with virtually all of the fanfare and swarms of sightseers which ordinarily accom- pany only those premieres which offer a generous assortment of stellar names for their audienoe.v The picture begins its continuous runs at both houses today, after the (Continued on page 7) New Blackout to Cover Entire Puget Sound Area House Unit Recommends Anti-Decree Measure With 'Moral' Clause By ROBERT E. MURPHY Minneapolis, March 12. — The House judiciary committee of the Minnesota legislature today recom- mended for passage the bill intended to set aside the blocks-of-five pro- vision of the Federal consent de- cree and to regulate the film in- dustry in Minnesota. The Senate general legislation committee con- ducted additional hearings on a companion bill, but deferred action for one week. At the request of the Minne- apolis Legion of Decency, the House committee added an amendment calling for cancella- tion of films by exhibitors on moral, racial or religious grounds. The Legion was represented by Miss Helen Lynch, secretary of the Minneapolis Council, who appeared despite statements she was not au- thorized by the National Legion of Decency. Donald Rogers, attorney, and Ralph Cramblet, district manager for United (Continued on page 3) By WILLIAM A. PRAGER Seattle, March 12. — A second "test blackout" is planned by military authorities here, which would include the entire Puget Sound area. The date for the blackout has not yet been de- termined. The first successful black- out, in Seattle only, was held last week. The territory to be included consists of Seattle, Tacoma, Everett. Belling- ham, Vancouver and Victoria. B. C. Obviously the experiment is to be a joint defense effort of the military au- thorities of the United States and Can- ada. Local exhibitors are hoping the time will be changed from the 10:30 to 11 P.M. period used for the initial test. Last week's experiment, hitting (Continued on page 7) Hays Visits F. D. R. On Defense Plans Washington, March 12. — Will H. Hays, who arrived here today en route to New York from the Coast, visited the White House to acquaint President Roosevelt with the film in- dustry's activities in cooperation with the national defense program and the problems which confront it in the way of labor and supply requirements af- fected by defense priorities. Hays reported on the production of films supporting the Administration's rearmament effort, on the cooperation extended in improving relations with Latin American countries and other (Continued on page 3) $25,000 Ad Cost on Opening for 'Wings' Paramount, under the direction of Robert Gillham, director of advertis- ing and publicity, will spend at least $25,000, it is reported, in advertising to exploit the opening of the film, "I Wanted Wings," at the Astor Thea- tre on March 26. The film is re- ported set for an eight-week stand, and the ticket arrangement as well as the general theatre operations of the house will be under the direction of Robert Weitman. managing director of the Paramount Theatre, who will work in cooperation with Lee Kam- ern, manager of the Astor. Weitman will supervise the front decoration and (Continued on page 3) Reviewed Today "Meet John Doe" is re- viewed on Page 3; "Road to Zanzibar" on Page 7. 2 MOTION PICTURE DAILY Thursday, March 13, 1941 Coast Flashes Personal Mention Hollywood, March 12 D RESIDENT AVILA CAMACHO 1 of Mexico today telegraphed James Roosevelt a formal invitation to open his "Pot p' Gold" in Mexico City for the first Pan-American world pre- miere. April 12, and Roosevelt ac- cepted. The President's message, transmitted through Secretary of State Aleman of Mexico, stressed the cordial relations between the republics. The exchange of wires brings to a final phase the plans already made known for flying studio and press groups from Hollywood to the Mexican capital for the premiere. • Don Ameche today signed a long- term contract to appear on the Kraft Music Hall show Thursday evenings on the NBC-Red. He will be an ad- dition to Bing Crosby, Bob Burns and other regulars. • Paramount today announced that "Louisiana Purchase," B. G. DeSylva's Broadway show which it recently pur- chased, will be filmed in Technicolor. DeSylva heads Paramount production. British Trade Hits New Reserve Lists London, March 12. — Representatives of all branches of the industry will meet with the British Minister of Labor tomorrow to ask reconsideration of the new reserve occupation listing, which it is feared will accentuate the industry's already acute shortage of technicians. The new plan, to take effect April 1, will raise the age for reserve oc- cupations as follows: projectionists, 35 ; painters, plasterers, carpenters and electricians, 35. Non-craft workers have been eliminated from the reserve listings entirely. It is estimated the new rules will affect 3,000 projection- ists and 1,500 studio technicians. Cleveland Trade to Entertain Shut-ins Cleveland, March 12. — Local ex- changes, the operators' union and the Cleveland Variety Club are cooperat- ing 'to provide a series of film pro- grams for shut-ins in Cleveland hospitals and institutions. Mrs. Georgia Moffet of the Variety Club is booking the films, which will be presented at 55 agencies. The union will donate the services of two oper- ators for each showing. /V Y Budget Passes With Censor Fees Albany, March 12. — Tax imposed on original film and prints when sub- mitted for licensing to the New York State censor was continued today under the State budget passed both by the Assembly and Senate. Xo new tax levies were made and the one per cent emergency impost on personal income taxes will be dropped in 1942. RKO Signs Garnett Hollywood, March 12. — Tay Gar- nett has been signed by RKO to direct "Unexpected Uncle," an Erich Pom- mer production from the Liberty Mag- azine serial by Eric Hatch. BARNEY BALABAN returned from Florida yesterday. He was accompanied from Washington by Arthur Israel, his assistant. • Maurice Bergman, 20th Century- Fox advertising manager, was home with a cold yesterday. • Hal Horne, vice-president and Eastern representative of Walt Disney Productions, returned from the Coast yesterday. • George Beattie, recently appointed sales manager of the Paramount Philadelphia exchange, became the father of a son last week. • George A. Nevin, manager of the Capitol in Danville, Pa., has been elected chairman of the Danville Chapter of the American Red Cross. • Maxwell Weinberg, manager of the Little Theatre in Baltimore, and Martha Berman were married early this week. • George Weber of M-G-M's New Haven exchange, has gone to Cleve- land. • Lawrence Wynne of the Comer- ford Theatre, Scranton, Pa., has en- tered the Army. Maurice Silverstone, Lou Pol- lock, Hank Linet, Marvin Sch- enck, Dave Lipton, Mort Wormser Tess Michael, Edward McEvoy, J. H. Hoffberg, Jeffrey Bernerd, Henry Jaffe and Jack Mills lunch- ing at the Tavern yesterday. Hammons Plans to Re-enter Production Work is scheduled to start within the next two weeks at Eastern Serv- ice Studio on the first of a short sub- ject series to be known as "Hands of Destiny," Earle W. Hammons, for- merly head of Educational Pictures, announced yesterday as part of his plans to return to active production in the East. Al Christie will direct. Hammons also plans to produce a feature on the Coast, he said. No release ar- rangements have been made yet for the shorts and he is negotiating financ- ing for the feature. The story for the latter has been purchased, he said. Lustig Is Publicity Head for Goldwyn Hollywood, March 12. — Myron Lustig, for seven years publicity and advertising director for M-G-M in Australia, has been named publicity and advertising director for Samuel Goldwyn, effective this week. Acquires British Film American rights to the two-reel doc- umentary film, "Battle of London," have been acquired by Mack Littman. The film depicts London before, dur- ing and after the heaviest bombard- ments, and commentary is by Frank Philips, B. B. C. commentator. The subject was reviewed from London in Motion Picture Herald of Jan. 11 under the title, "London's Got Grit." ARTHUR M. LOEW, M-G-M vice-president in charge of foreign activities, is scheduled to return to his office today following a Coast visit. • Monroe Greenthal, David Wesh- ner, Clarence Eiseman, Sam Shain, Emanuel Silverstone, Harry Ko- siner, Edward Peskay, Al Mar- golies and Lou Weinberg having lunch at Lindy's (next to the Rivoli) yesterday. • Laudy Lawrence, Mort Spring, Joseph Rosthal, William Mel- niker, David Blum, Henry Krecke, I. E. Lopert, Lester Fuller, Char- les Sonin, Sidney Phillips, Harry Thomas, George Hale, Dennis King, Clayton Bond and Frank Phelps at Sardi's yesterday for lunch. • Lowell Calvert, Russell Hol- man, Morris Kinzler, Charles E. McCarthy, John Bvram, George Skouras, William Morris, Jr., Stanton Griffis, E. K. O'Shea, John W. Hicks, George Weltner, Ed Saunders, Oscar Doob, Louis Nizer and Max A. Cohen lunching yesterday at Nick's Hunting Room in the Astor. • William Brandt, Fredric March, Louis Bernstein, Martin Mos- kowitz and Arthur Gottlieb hav- ing lunch vesterdav at Lindv's (51st St.) • Arthur Hornblow. Jr.. is due to- day from the Coast. • Ruth Goldberg, cashier at the RKO New Haven exchange, is visit- ing in Washington. Reade Honored by RKO Circuit Heads Walter Reade, Sr., was tendered a luncheon at the Rockefeller Center Luncheon Club yesterday by officials of RKO Theatres on the occasion of completion of alterations on the RKO Trent at Trenton, and the breaking of ground today for the new RKO theatre in Trenton. Reade, some of whose houses are pooled with RKO in New Jersey, was presented a watch by Malcolm Kingsberg, vice-chairman of the K-A-O board. A gift also was pre- sented to Walter Reade, Jr., who enters the Army tomorrow. Others present were J. J. O'Connor, Leon Goldberg, Fred Meyers, L. E. Thomp- son, Alex Reoch, J. M. Brennan, Richard Huber, Allan Wolf and Charles Bryan. Universal Corp. Reelects Directors All retiring directors of Universal Corp., parent company of Universal Pictures, were reelected at the annual meeting of stockholders at the home office yesterday. Those reelected are : N. J. Blum- berg, Paul G. Brown, D. C. Collins, J. Cheever Cowdin, Preston Davie, Peyton Gibson, Ottavio Prochet, Charles D. Prutzman, J. Arthur Rank, Budd Rogers, Daniel M. Schaeffer and W. H. Taylor, Jr. Wis. Senate Kills Daylight Time Bill Madison, Wis., March 12.— After twice being revived, the Wisconsin Senate has finally killed the Murray Daylight Saving measure. Variety Club Party Committees Add^f) Additional committees on arrange- ments for the National Variety Clubs convention, to be held in Atlantic City, May 15-17, have been appointed by John H. Harris, national chief barker. The appointments include those of George F. Dembow as chairman of the trailers and short subjects committee ; Earle W. Sweigert, chairman of the banquet committee; Harry Kalmine, chairman of the printing supplies com- mittee, and Frank Gravatt, chairman of the pier and theatre courtesies com- mittee. Members of the publicity committee are: Charles E. Lewis, chairman; Maurice Kami, co-chairman : James Cunningham, Abel Green, Chester Bahn, Sam Shain, Eli Sugarman, Ray Lewis, Herb Miller, Arthur Ungar. William Wilkerson, Mo Wax, Lionel Toll, Welford Beaton, P. S. Harrison and James Finn. Tentative program arrangements call for a meeting of national officers and canvassmen on opening day, May 15, with a luncheon and fishing and boating party that afternoon, and box- ing and wrestling matches at night. The main business session will run all day May 16. followed by a lobster dinner and night club party and en- tertainment. On the final day a golf tournament and boardwalk pageant is scheduled, with the farewell banquet following. Washington Club To Honor Berger Washington, March 12. — Rudolph Berger, M-G-M exchange manager, will be honored at a Variety Club tes- timonial dinner April 7 celebrating his 30th anniversary in the film industry. Sam Wheeler, head of the 20th Cen- tury-Fox exhange, is ticket chairman for the event, which will be held at the Willard Hotel. Sidney Lust is gen- eral chairman. MOTION PICTURE DAILY (Registered U. S. Patent Office) Published daily except Saturday, Sunday and holidays by Quigley Publishing Company. Inc., 1270 Sixth Avenue, Rockefeller Center. New York City. Telephone Circle 7-3100. Cable address, "Quigpubco, New York." Mar- tin Quigley, Editor-in-Chief and Publisher: Colvin Brown, Vice-President and Genera' Manager; Watterson R. Rothacker, Vice- President; Sam Shain, Editor; Alfred L. Finestone, Managing Editor; James A. Cron, Advertising Manager; Chicago Bureau. 624 South Michigan Avenue, C. B. O'Neill. Manager; Hollywood Bureau. Postal Union Life Building, William R. Weaver, Editor; Leon Friedman, Manager; London Bureau. 4 Golden Square, London Wl ; Hope Wil- liams, Manager, cable address "Quigpubco. London." All contents copyrighted 1941 bv Quigley Publishing Company. Inc. Other Quigley publications: Motion Picture Herald. Better Theatres, International Motion Pic- ture Almanac and Fame. Entered as second class matter, Sept. 23. 1938. at the post office at New York, N. Y.. under the act of March 3, 1879. Subscription rates per year $6 in the Americas and $12 foreign. Single copies 10c. Thursday, March 13, 1941 Motion Picture Daily 3 Feature Review "Meet John Doe" (Capra- Warne rs ) TTERE it is, Mr. Exhibitor. "Meet John Doe," the first independent *■ ■* production of the Frank Capra-Robert Riskin combination, and carrying the unmistakable stamp of the Capra technique, a technique which has made Capra a director with the marquee pulling power of a ranking star, and has made his pictures synonymous with box-office dollars in abundance straight across the country. Here is box-office power, a picture with a tremendous popular pull. It tugs at the heart-strings, raises hopes of better things to come, plays upon the tightly-drawn strings of public sentiment in a world uncertain and plunging aimlessly about. The picture has the inherent drama of fighting for causes, but it is attuned to the average man, Mr. John Doe, the man without a name, the whole people. It is the average man in terms that everyone understands, and as such it should have an appeal for the whole people. It has those basic elements of box-office magic of drama, of subtly applied humorous touches most aptly placed for maximum effect, of a slow-growing love which is screen romance at its best, and of sincere, honest fight for a cause, all wielded masterfully by the hand of Capra to produce Entertainment, spelled with a capital "E." In the role of that average man, living his performance in a character which fits his personality as a glove fits a hand, is Gary Cooper, a marquee name of the first order, and offering a job of acting as good as you will see in many a long year. Opposite him is Barbara Stanwyck, giving as good as or better than she ever has done before, while equally good are such supporting players as Edward Arnold; Walter Brennan, who gives concrete evidence of the justification of that Academy Award; James Gleason; Spring Byington, Regis Toome)^ and numerous others. The story, stripped of all the byplay and overtones of significance, of drama and comedy which contribute so much to its box-office power is this : Miss Stanwyck, about to lose her job when tycoon Arnold buys the Bulletin, concocts a letter from a John Doe, who, unable to face man's inhumanity to man, promises to jump from the City Hall roof on Christmas Eve to arouse the world to its plight. As a circulation stunt, she sells Gleason, Arnold's tough editor, the idea of finding a John Doe, and out of a host of hungry hoboes picks Cooper, a baseball pitcher whose arm has gone bad. With misgiving, his hobo friend Brennan watches from the sidelines, as the stunt mush- rooms, Arnold takes it over with John Doe Clubs across the country, planning it as a national pull for his White House aspirations. Cooper, coming to believe in what he is stumping across the country to put over, suddenly learns from Gleason that a gigantic John Doe Club convention has been engineered by Arnold to launch his third party. Cooper's attempt to tell the truth is scotched by Arnold, and Cooper's dream is shattered. Going to keep the promise of that first faked letter, to make his millions of former followers believe, Miss Stanwyck saves him, pointing the w7ay to a new start and new hope, as Arnold sees for the first time what faith in an ideal can mean. Running time, 123 minutes. "G"* Charles S. Aaronson Minn. Measure Wins Approval In Committee (Continued from page 1) Artists, told the committee United %*ists could not operate under the ^ because it could not determine an advance what pictures its various units would produce during a given period. David Shearer, representing the - major company assentors to the de- cree, except Paramount, also ap- peared and reiterated his charge that the bill was unconstitutional. The industry as a whole wants to give the decree a trial, he told the committee. Shearer represents M-G-M, RKO, Warners and 20th Century-Fox. Clarence O. Holten, attorney re- tailed by Northwest Allied, which sponsored the measure, and Fred S. Strom, secretary of the organization, appearing for the bill, reiterated argu- ments they presented at previous committee sessions. The Senate committee heard only opponents of the bill at today's ses- sion, with M. A. Levy, district man- ager for 20th Century-Fox, Rogers and Shearer appearing. They urged that the measure would not only scuttle a plan to settle much of the industry's difficulties, but would add more difficulties and perhaps prevent operations in Minnesota. The Senate committee will hear proponents next week. Levy said the bill would so slow up distribution in Minnesota that films would be played "very late," and pos- I sibily that situation would bar the company entirely from operating in I the state. Shearer made the point that the bill makes no provision for disposal of the features cancelled by an exhibitor un- der the 20 per cent cancellation clause, since it provides for the sale of an entire season's product, of which the rejected features would be only a portion. Distributors Wage Fight on Ga. Bill (Continued from page 1) trial inasmuch as the proposed Georgia law provides the same selling system as exists now, to which exhibitors have objected. Leading support for the bill appears to be from the large circuit operators. Senator Homer Edenfield, who intro- duced it, is from the district of Arthur Lucas of Lucas & Jenkins, a Paramount theatre affiliate. Scheduled to support the measure at tomorrow's hearing are E. E. Whitaker and Willis Davis of the Lucas & Jenkins circuit ; Nat Wil- liams of Thomasville ; Sen. Alpha Fowler, a co-sponsor of the measure, who operate theatres in Atlanta and Douglasville ; R. B. Wilby of Wilby & Kincey circuit; Roy Martin of Martin circuit ; Oscar Lam of Lam Amusement Co., and others. Among those expected to attend the hearing are district and branch man- agers of the major companies who are *"G" denotes general classification. parties to the consent decree. Prob- ably appearing will be R. L. McCoy, Warners ; C. E. Kessnich and Roy Avery, M-G-M ; Harry Ballance and Paul Wilson, 20th Century-Fox ; Her- bert Lyons, RKO, and Jack Price, Paramount. Henry Troutman and Sam Guy are the attorneys represent- ing the film companies in the matter. 20th-Fox Cleared In Suit Over Name A ruling that an occasional and only incidental unauthorized use of a personal name in a film does not con- stitute a criminal violation of the New York Civil Rights Law was handed down by Magistrate Joseph Ringel in dismissing a complaint of Harry Sea- man against 20th Century-Fox and officers of the company. The decision came after trial, in which the plaintiff claimed the name Hurtig and Seaman, former theatrical partnership, had been used in the film, "Tin Pan Alley," without first securing the consent of the complain- ant. Conviction for a misdemeanor had been sought. Hays Visits F. D. R. On Defense Plans (Continued from page 1) projects in which the industry is active. Industry to Seek Action from OPM M.P.P.D.A. directors have con- ferred several times recently on threatened shortages of production materials due to priority ratings for war and defense requirements, Motion Picture Herald will say in its issue out tomorrow. As a result of the meetings, it is said, it is certain that representations will be made to the Office of Pro- duction Management in Washington, with expectation of action calculated to recognize the importance of the maintenance of normal production. Reopens Wisconsin House Sheboygan, Wis., March 12— Wal- ter E. Hoffman, formerly of South Bend, Ind., has reopened the State. $243,482,000 1939 Gross at 517 Exchanges (Continued from page 1) distributor exchanges had film rentals of $210,938,000, doing over 85 per cent of the business with approxi- mately 60 per cent of the offices, as compared with 214 independent ex- changes with rentals of $32,544,000. The average receipts of all ex- changes amounted to $470,952 in 1939, compared with $413,893 in 1929, but the major company exchanges in 1939 averaged $696,000 compared with only $152,000 for the independents, and did that volume at a relatively lower cost, total expenses amounting to only 12.8 per cent as compared with 21.2 per cent for independents. The total operating expenses of all exchanges were $33,839,000 in 1939 against $34,639,000 in 1929, but the breakdown showed that the operat- ing expenses of the producer-distribu- tor exchanges were $26,914,000 against $6,925,000 for the independents. Labor costs comprised nearly two-thirds of the total expense of operation in 1939 compared with a little over 50 per cent in 1929, the bureau reporting that 11,332 employes were paid $21,- 195,000 in 1939 compared with 9,342 employes receiving $17, 978,000 a decade earlier. The 1939 figures showed that the producer exchanges employed 9,639 persons who received $17,088,000 while the independent establishments employed 1,693 persons receiving $4,107,000. . New York State had the greatest number of exchanges in 1939, with 98, of which 67 were independent and 31 producer exchanges. The next highest total was in California, with 44, of which 23 were independent and 21 producer exchanges. New York sales in 1939 were $49,598,000, and in California, the same year, $26,055,000. $25,000 Ad Cost on Opening for 'Wings' (Continued from page 1) will also be in charge of tickets. In the meantime, Gillham has ar- ranged for the fullest cooperation of the U. S. War Department and air officials in connection with the show- ing. According to company announce- ments several important U. S. mili- tary officials will attend the opening. William S. Knudsen, head of the OPM, is among those invited. Under Gillham, a special model air- plane contest has been arranged in a tieup with the Journal- American be- ginning Monday and through March 29. Paramount will take additional advertising for the contest idea in that paper. This end, it was said, was arranged by Lynn Farnol, employed for special duty by Gillham in con- nection with the roadshow of the film. The tieup will bring about an addi- tional $1,500 advertising expenditure on the part of Paramount. Hitherto the Journal-American tieups ranged from $300 and the extra expenditure raises the tieup cost to a new high. MARCH 215T STARTS UNIVERSAL HELPS YOU SPRING - Officially! 5TART IT- Box-Officially! It's (he release date for a comedy-honey. . . that will rib-rouse the whole country. .. set ten million wives laughing and thinking about the gal whose husband "doubled" up on her! jjmii jji :__m A UNIVERSAL PICTURE • NATIONAL RELEASE MARCH 2 f5: O Mi & I2 • s 3.S !■§ .2 ll Si ■SO _J 09 H eg S ^* • • ••e § 33 < 2 2-~ § "•5"§ S ft § •£ 4>^>h^ SI 13 coll r? 0 S? "> » ^ O n< ^ 43 .So |. J ft J£ *2 S 15 "3^ oi « v -4-> Q O " ( O ft J *■ • ° CO << i>.5 £ S 5 Pi o 2> _ 55 13 WJ^ . g .s B '*! ^ 2c3 J3 cq a, Wago : Night Bogart The Rolla! H. Sylvt •2 -« 13 'to o - ■ftg to S ^ ft ■2 ^-a 5 <* § -a c id •SB O ^ C (0 o S ° *> a . >> S 5 •a J? - zBl^ °B|1 W.SP-1 01 § *Bs ^ 8 a ^ 4> a a o H 1 I 1-2 „ hit r> o h t «> to ^ on S e •a ~, S S C 3 ^ v. OA O «> C ^ 2 I=s 3 ^ w v H Q a to •St- ^ w > o ft^ «o s k ft Mr^,^; 55 •O a ' C-« . S.v " 55 J; ^ 5- /-v 53 5 3 § to li <~) 01 W2 & K c 2 « •P o s J3 o a 2 ftj /-s 55 < C — ' ft 'S. 55 -O ft ^ -£5 5^ftS 9» —J 00 S .2 3 ft O E ■*-' 2 o < 03 1 s— at v a £ S O «3J 551 1 ^ a v. O •— ^ e S O i H 5a ~~ oi »a •2.S& c ■a « « n » « ••§ ^ ^o^5 4) TV S 01 O ■5 M 5 §■§ » Br N ■Sr8 5 oi ^ -V I" sfl ft ft C •(-> 1 V 01 a' 60^ ^ ^ i; 53 S ^.gt*. 2 ^ •o (4 C 4) Si 8^ 41 ^-s ft 4> < •o c fa 53 S fe-2 5 r- of « 00 < i- - 00 < .a a 2 £~ & •Our; cs is "s S 2 ^< <5« 4) "S^ *55 43 >~' ~ ^3 1 2Q | o, ^l1 re 4> a ■a ~ o 41 43 mw .£ c rd 4> « o aiQ be 3 ctf bBq » M 0 J3 u 43 .5 ^ fhursday, March 13, 1941 Motion Picture Daily 7 Hollywood Review "Road to Zanzibar" (Paramount) Hollywood, March 12 P ARAMOUNT'S "Road to Zanzibar" is one of the funniest pictures ever made. It is a rare combination of farce and slapstick put together with the sole purpose of zaney entertainment, of making film patrons here, there and everywhere roar, laugh, chuckle, grin and give every other indication of getting their money's worth in fun. Bing- Crosby, Bob Hope and Dorothy Lamour of "The Road to Singapore," to which this is a companion piece, are starred in this film, locale of which is Africa and the story of which deals with the efforts of Crosby and Hope, Americans, to return home. The trio is supported by Una Merkel, Eric Blore, Douglas Dumbrille, Iris Adrian, Lionel Royce, Buck Woods, Leigh Whipper, Ernest Whitman, Noble Johnson, Joan Marsh, Luis Alberni and Robert Middlemass. Victor Schertzinger, who directed "Singapore," guided "Zanzibar," which was made by Producer Paul Jones. Every opportunity was utilized by Jones to afford the maximum of laughs, Crosby enacts the role of a smooth talking promoter who manages to wield a Svengali-like influence over Hope, who portrays a rather dull witted youth. Crosby's influence makes Hope in turn a "human cannonball," a bear wrestler, a "bat man," and a "human dynamo" as they tour Africa as a side show attraction in order to obtain enough money to return to America. Crosby buys a diamond mine which is worthless, Hope sells it to two rough characters, and they have to flee. They finance a safari under false pretenses, are captured by cannibals and have other hilarious adventures. Crosby and Hope are in their best form throughout. Six musical numbers are used. Running time, 90 minutes. "G"* Vance King * Denotes general classification. 'Five Alarm Waltz' Will Open Tonight "Five Alarm Waltz," a new comedy by Lucile S. Prumbs, featuring Eliza Kazan and Louise Piatt, opens tonight at the Playhouse. Everett Wile produced the play, which was directed by Robert Lewis. The supporting cast includes Roman Bohnen, Helen Zelin- skaya, Howard Freeman, Ann Thomas and Robert Shayne. Dispose of Ascap Case In Wis. Today {Continued from page 1) reversed its stand and is not likely to insist that contracts be prepared on agger program basis before starting Mtiations with Ascap, it was re- |,, . L'ed yesterday. At a meeting of the N.A.B. board here next Monday and Tuesday the method of conduct- ing negotiations will be discussed and a committee will be appoitned to start negotiations at once, it was indicaed. Previously, Neville Miller, N.A.B. president, had said that he would re- quire something definite in the form of a draft contract before he would renew negotiations but this attitude has apparently been abandoned. Yesterday Fred Weber, Mutual general manager said that he might call a meeting of Mutual stockhold- ers for March 21 to consider which ■nethod the network should adopt for the \scap talks. Since Mutual does not originate any programs but relies instead on member stations for pro- gram material, two courses are open for the network. Either each station can conduct its own negotiations or the network can negotiate for all. An exchange of letters among Buck, Ascap president; Alfred J. McCosker, Mutual chairman of the board, and Miller was made public yester- day. Buck wrote to McCosker ask- ing if the N.A.B. was authorized to negotiate for Mutual and McCosker answered that N.A.B. had no au- thority to negotiate for Mutual and that the network would conduct its own negotiations. McCosker en- closed a copy of his letter to Buck in a letter to Miller. Yesterday, Miller wrote McCosker pointing out that the N.A.B. repeatedly had stated that it had no authority to nego- tiate for any broadcaster or network and that the meeting next week had been called expressly for the purpose of deciding whether or not this au- thority should be granted. Buck, as president of A.scap, has voluntarily taken a salary cut of $15,- 000 a year, reducing his compensation to $35,000, due to the loss in Ascap's income, it was disclosed yesterday. E. C. Mills, administrative committee chairman, accepted a similar reduc- tion. John G. Paine, general man- ager, agreed to a cut from $27,500 to $24,750. Enabling Act Passed Milwaukee, March 12. — The Wis- consin Senate today passed and sent to the lower House the Cashman bill which authorizes the Secretary of State to enforce provisions of the state law licensing Ascap and assess- ing 25 per cent on its receipts in this state. Col. Signs Hayden Hollywood, March 12. — Russell Hayden who played the role of "Lucky" in Harry Sherman's "Hop- along Cassidy" films for Paramount release has been signed to a term con- tract by Columbia. His first picture will he "One Way Street" in which lie will play the lead. Sherman will announce Hayden's successor next week. New Blackout to Cover Puget Sound (Continued from page 1) while the evening was still "young" and which darkened the city complete- ly for the half-hour, with plenty of ad- vance publicity and public anticipation, played havoc with theatre attendance at the city's 50 houses the entire eve- ning. The communities involved include approximately 122 film houses, divided in the various communities named as follows : Seattle, 53 ; Tacoma, 20 ; Everett, four ; Bellingham, five ; Van- couver, 34; and Victoria, six. In addi- tion it is believed several other smaller communities will be affected by the blackout. Last week's test was the first to be undertaken in a city of the United States, and is believed to have been the forerunner of a series of similar experiments in cities on both coasts. Gov't Station Urged In Report by TNEC (.Continued from page 1) several hundred other organizations which he declared devote themselves to more or less extent to lobbying, Blaisdell followed the course of the Neely block booking bill in the last Congress, asserting that "the Hays organization brought powerful pres- sure against the bill." "It did not reach the floor of the House in 1938, and in July, 1939, it again passed the Senate, only to be again held up in the House," he pointed out. "The need for registration of lobby- ists and adequate machinery for pub- licity grows out of the obscurity in which lobbies operate to affect public policy." the monograph declared. New Judy Canova Pact Hollywood, March 12. — Republic- today extended Judy Canova's contract for three more pictures in addition to the one still due her current contract. Mrs. Trotta in Portrait A portrait of Mrs. Vincent Trotta, wife of the art director of Advertising Accessories, Inc., formerly with Para- mount, has been selected for the Spring Exhibition of the National Academy of Design. (Doe' Has Double Opening on B'way (Continued from page 1) six more or less special perform- ances of last night. Sections of both houses were reserved for the opening performances for industry officials, circuit operators and other invited guests. A midnight show was added at both houses. Similar openings were given the production last night in Los Angeles at the Hollywood and Downtown ; in Miami at the Paramount, Beach and Sheridan, and at the Criterion, Okla- homa City. Among those at the Hollywood Theatre opening here last night were : Gradwell L. Sears, Joseph Bernhard, Carl Leserman, Mort Blumenstock, Sam Schneider, Sam Morris. Leonard Schlesinger, Stewart McDonald, Harry Goldberg, Ben Kalmenson, Roy Haines, Ed Schnitzer, Neil Agnew, Jack Cohen, Abe Schneider, Joseph Hummell, Jack Schaeffer, Arthur Kelly, Joseph Hazen, Meyer Schine. Arthur Sachson, Stanton Griffis and John Benas. LADY—NEW ORLEANS A REPUBLIC PICTURE 8 Motion Picture Daily Thursday. March 13, 1941 Second Milwaukee Complaint Is Filed Milwaukee, March 12. — The sec- ond demand for arhitration to be filed with the local board here was brought today by Lee Macklin, operator of the Grand, New London, Wis., against all five consenting companies. The complaint charges that the Rio and Appleton in Appleton, Wis., the Grand and Times at Clintonville, and the Waupaca and Palace at Waupaca, receive unreasonable clearance over the Grand, which in some cases amounts to 30 to 50 days, according to the complaint. Macklin asks an arbitration finding that the theatres named are entitled to no clearance over New London. Reception Held for Appeals Board Here A reception for the three members of the national appeals board of the industry arbitration system was given in the Rockefeller Center Lounge of the RCA Building by the American Arbitration Association yesterday, marking the formal opening of the appeals board headquarters in Radio City. Among those present were : Van Vechten Yeeder, Albert W. Putnam, George W. Alger, the appeals board members ; Federal Judge Henry W. Goddard. C. V. Whitney, Joseph M. Proskauer, Martin Quigley, Sr., Pro- fessor Willard H. Atkins, Leonard Goldenson, Sam Dembovv, Jr., Leon Netter, Austin C. Keough, Louis Phillips. Tyree Dillard, Joseph Hazen, Leopold Friedman, T. J. Connors, Max Cohen, Sam Shain. Martin Quigley, Jr. ; Bertram Shipman, Wil- liam Zimmerman. Terry Ramsaye. F. K. O'Shea. Gordon Youngman, Charles Wall, Jack Alicoate, Maurice Kami, Charles E. Lewis, J. Noble Braden, Lawrence Stessin. E. M. Saunders and Leo Brecher. Gambling Ban Helps Grosses in Helena Helena. Mont.. March 12.— As a result of the action of State's Attorney General John W. Bonner in banning all gambling here, grosses at the Marlow. largest theatre in the city, took a sudden upward leap in the 10- day period ending yesterday. The expected Lenten slump was largely overcome by the edict, with the house more than doubling average. "Kitty Foyle," playing from Feb. 24 through March 4, coincidentally with the Academy Award to Ginger Rogers, the film's star, grossed $1,706. "Gone With the Wind" followed, playing from March 5 through yester- day, with three shows daily, and grossed $2,504. Regular admission, 40 cents plus tax. was charged for both pictures. The average gross for a five-day run is about $1,000 at the Marlow, which seats 1,265. Fine weather also helped at the box-office. Writer Bankrupt Voluntary petition in bankruptcy has been filed in U. S. District Court by Geza Herczeg, author and script w riter, lifting liabilities of $71,129 and no assets. Among creditors listed are Alexander Korda, $2,000; Winfield R. Sheehan, $2,800 ; Frank Orsatti, $250, and Otto Preminger, $1,000. Lewis Is Elected President of CEA London, March 12. — Sydney K. Lewis, vice-president of the Cinematograph Exhibi- tors Association, has been elected president, succeeding Harry P. E. Mears. Lewis and Mears had engaged in a vigorous contest for the pres- idency. Lewis, general manager of the Deeming Circuit, has been a member of the Bir- mingham branch of the C. E. A. for 15 years and of the general council of the nation- al organization for eight years. Schadler Testifies At Schenck's Trial Dolph Schadler, tax division chief of Loew's, who had previously testi- fied at the Government trial of Joseph M. Schenck that he had prepared all Schenck's tax returns, testified yester- day that Government investigators had approved these returns after inspect- ing the defendant's personal record. Schadler insisted that all Schenck's records for the years of 1935, 1936 and 1937 had been carefully examined by Government agents after each re- turn had been prepared. In answer to questions of Harold H. Corbin, Schenck's attorney, Schad- ler said that he and the co-defendant, Joseph Moskowitz, segregated deduc- tible expenses from those that were subject to tax after examining all bills paid by the defendant. Schenck at no time took part in this work and relied on their judgment, he said. Schadler declared positively that at no time did he have occasion to suspect that there was any scheme to defraud the U. S. Average 'A' Actor Income Is $14,867 Hollywood, March 12. — Average annual income of 300 Class A mem- bers of Screen Actors Guild is $14,867 according to a survey conducted for the Guild by Dr. Leo C. Rosten. who was granted a fellowship by the Rockefeller and Carnegie Foundations for the stud>'. It was pointed out, however, that this high average resulted from inclusion of top salaried performers and that 6.1 per cent earned more than $2,000 weekly. Taking the income of performers numerically at the halfway mark in their careers, the survey found that the annual income was $4,700. The survey covered earnings of 300 Class A mem- bers during the years 1937 through 1939. Of these it was found that 42 per cent earned $499 weekly or less ; 36.3 per cent, $500-$999 ; and 14.9 per cent, $1,000-$1,999. 606 Radio Officials Over $10,000 in '39 W ashington, March 12.— The FCC today listed 606 officials in the com- munications field who earned salaries of $10,000 or more during 1939. No names were given. Salaries listed for RCA were $100,000 for the president (David Sarnoff) ; chairman of the board (Maj. Gen. James G. Harbord), $60,000 ; vice-president and general counsel (Manton Davis), $27,500; a vice-president at $30,000, and another at $25,000. Documentary Theatre Set The National Documentary Theatre Co., Inc., has been formed with Har- old McCracken as president, to show documentary and commercially spon- sored films only, at the Belmont Thea- tre, under the name Documentary Theatre. Eastman 1940 Net Profit $20,076,739 Eastman Kodak Co. yesterday re- ported net profit of $20,076,739 for 194(1. which compares with 1939 profit of $20,818,200. Total sales for the Year amounted to $130,896,780, compared with $123,- 834.076 for the preceding year. The company transferred $10,000,000 to re- serve for contingencies due to the^k- certainties of future market condit^/ leaving earned surplus at the en(T*5i 1940 of $38,697,282 after eliminating $8,429,405 of earned surplus of sub- sidiaries not included in the consoli- dated report. The company reported current assets of $100,890,661, of which $30,548,050 is cash and $18,261,911 is marketable se- curities. Current liabilities amounted $24,368,159. The company's investments in and advances to foreign subsidiaries amounted to $23,460,989. Of foreign operations, the report of F. W. Love- joy, president, and W. G. Stuber, chairman, says in part : "During the past year and up to the date of this report, no war damage has been sus- tained by any of the manufacturing plants, nor by other foreign prop- erties of your company with the ex- ception of the loss of a wholesale stock depot, the major portion of which loss was covered by com- modity insurance." Senate Expected to Confirm Wakefield Washington, March 12.— Con- firmation by the Senate without any difficulty of the nomination of Ray C. Wakefield as a member of the FCC is expected here as the result of the In- terstate Commerce Committee's action today ordering a favorable report. Alert, InteWgei to the^| gtion Picture Industry MOTION PIGS"** DAI q> 14 York/ ™ ST. Y. ' Impartial 49. NO. 51 NEW YORK, U.S.A., FRIDAY, MARCH 14, 1941 TEN CENTS Loew's Settles Its First Case In Arbitration Four Other Firms to Be Heard in Boston Today Having made a settlement this week with the Park Theatre, Nashua, N. H., on its "some run" arbitration complaint against the five consenting companies, Loew's, Inc., was eliminated yesterday as a respondent in the action, which is scheduled for hearing in Boston today as the first proceeding under the new industry arbitration system. Paramount, Warners, 20th Century- Fox and RKO will be represented at the hearing by Edward F. McClennen, resident attorney at Boston. J. Noble Braden, executive secretary of the American Arbitration Association, will attend the hearing. Arthur L. Brown, Boston University law pro- fessor, is the arbitrator. The second arbitration hear- ing is scheduled for tomorrow in Chicago on the complaint of (Continued on page 4) 4Rio' and 4Doe' Lead In Slow BVay Week A combination of bad weather, poor traffic conditions as the result of the uncleared snow from the severe snow- storm of last weekend, and the slight but continuing effect of the bus strike depressed Broadway grosses generally this week. Lent also had its effect. "John Doe" opened strong at the Hollywood and Rivoli, grossing an estimated $4,500 at the two houses Wednesday night. Another exception was "That Night in Rio," playing at the Roxy with a stage show, which is expected to gross $48,000 in its first week, end- ing tonight. It will be held. At the (Continued on pane 4) In Today's Issue Four reviews: "That Un- certain Feeling," "A Man Betrayed" — Page 3; "The Round Up," "Back in the Saddle" — Page 8. Hollywood production news — Page 4. N.T.S.C. to urge 375-line standard for color television —Page 10. Ascap and Officials Are Fined $35,250 Ending Wis. Action Milwaukee, March 13. — The Government's criminal information against Ascap was terminated in U. S. District court here today on the levying of fines totalling $35,- 250 against officers, directors, 19 corporate members and the music society itself. The defendants entered pleas of .role contendere, and on the applica- tion of Government attorneys, Federal Judge F. Ryan Duffy levied fines totaling $16,000 against 26 officers and directors, $14,250 against 19 cor- porate members and $5,000 against Ascap. New Haven, March 13. — The judiciary committees of the Legislature today heard arguments for and against three pending anti-Ascap bills. Con- necticut exhibitors attended the hear- ings. Proponents of the measures urge the state to enact them as valid exercise of its police powers, while opponents pointed out that similar measures have been ruled unconstitutional in three states following enactment. Madison, March 13.— The Wis- consin Senate today adopted by un- (Continued on page 4) It Pays to Kick JTZHEN Mutual network rr executives saw Frank Caprris "Mr. Smith Goes to Washington" they noted that in the scene where H. V. Kaltenborn makes his broad- cast only NBC and CBS microphones were visible. A polite note was sent to Capra pointing out the oversight. Yesterday, Mutual sent an- other letter to Capra thank- ing him not only for includ- ing an MBS microphone in "Meet John Doe," but also draping a small Mutual ban- ner on it. NBC and CBS have not been heard from yet this time. Universal Quarter Profit Is $553,795 Universal Pictures Co., Inc., yester- day reported consolidated net profit of $553,795 for the 13 weeks ended last Feb. 1, constituting the first quar- ter of the company's current fiscal year. This is an improvement of ap- proximately $158,000 over the cor- responding quarter last year, similarly computed. Nate J. Blumberg, J. Cheever Cowdin, Charles D. Prutzman, Pey- ton Gibson and other board members will go to Wilmington, Del., to- morrow to attend the annual meeting of the company's stockholders. Among (Continued on page 4) Admiral Calls Films Vital in Maintaining Morale of Navy Para, Party Screens Greek Relief Film Paramount yesterday was host to home office and circuit executives, members of the Greek War Relief organization and the trade press at a cocktail party at Toots Shor's res- taurant on the occasion of a screen- ing of "Greece Fights Back." The subject was prepared by March of Time and will be distributed by Paramount, with all proceeds to be donated to the Greek war relief fund. The company has ordered 740 prints for the widest possible simultaneous distribution throughout the country. The first release is tentatively sched- uled for late next week. Eastman Kodak contributed stock for the film. Among those attending were : Neil Agnew, Oscar Morgan, Charles Rea- (Continued on page 4) Washington, March 13. — Rear Ad- miral Chester W. Nimitz, Chief of the U. S. Bureau of Navigation, today testified at hearings on the Navy Ap- propriations bill before the House Appropriations Committee that "mo- tion pictures have become the most important element" contributing to maintenance of naval morale. Following Rear Admiral Nimitz' testimony, the House committee pro- vided an increase from $85,000 to $125,000 in the fund_ for film rentals in the appropriation bill for the coming fiscal year. The increase will permit the Navy's Motion Picture Service to increase the rental of films to four prints of each picture. In addition, $44,000 was pro- vided for the purchase of projection equipment at 11 Navy stations. The funds provided by Congress are only part of the total expense of the (Continued on page 4) Georgia House Group Rejects Block Measure Anti 5-Block Bill Voted Down, 12 to 7 Atlanta, March 13. — The House judiciary committee of the Georgia legislature today voted 12 to 7 against the Edenfield bill to set aside the blocks-of-five provi- sion of the Federal consent decree. The measure was passed by the Senate unanimously a week ago. The House committee re- turned the bill to the House with the recommendation that "it do not pass." Debate at the committee hearing was heated. A minority committee report was filed, which paves the way for the measure to be brought up on the floor of the House. Observers, however, foresee no favorable action on the bill as adjournment is only a few days off. Circuit theatre operators backing the bill entered into spirited argu- ments with producers' representatives at the public hearing before the com- mittee. Among speakers for the bill were Nat Williams, circuit operator of Thomasville, and Senator Alpha Fowler, also a circuit operator. Ap- pearing against the measure were John I. Kelly, former candidate for Governor, among others. Williams is a former president of the Southeastern Theatre Owners Association, but is backing the bill as an individual, as are other mem- bers of the organization. The Georgia bill is similar to, the one pending in Minnesota. It re- portedly "slipped" through the Senate as an administration measure, quiet- ly, without an opportunity for the op- ponents to fight it at that time. Seven Sue to Gain Admission to Union Seven candidates for admission to New York Operators' Local 306 filed suit yesterday in N. Y. Supreme Court against the union and its officers, seek- ing an injunction to compel the union to admit them immediately. The plaintiffs claim that they are either brothers or sons of members of the local, and that they made a contract in 1937 with the union under which they were to take priority for admission. Local 306 and its offi- cers are charged with conspiring to violate the contract by admitting other applicants before them. 2 MOTION PICTURE DAILY Friday, March 14, 1941 Personal Mention Late News Flashes from the Coast Hollywood, March 13 GEORGE BROWN, International president of the I.A.T.S.E., today re- ceived a new appeal from Technicians Local 695 for assistance in nego- tiating a studio contract calling for wage increases and partial jurisdiction held by the International Brotherhood of Electrical Workers. The appeal, made in a telegram, read in part: "We have waited a long time for your as- sistance in negotiating an agreement between the local and the major pro- ducers. . . . Your immediate assistance is requested as it will have a direct bearing on our attitude toward exemption or non-exemption in our hearing before the Wage-Hour administrator on March 25." • • Stuart Walker, 53, director and producer, died today of a heart attack at his Beverly Hills home. He was associate producer for Paramount from 1938 until last Fall. He started in film production as a writer for Columbia after a long career as an actor, playwright and producer. He was an associate of David Belasco in his early days in the theatre. Surviving is a son, Arthur H. Walker. • • William LeBaron's first production at 20th Century-Fox will be "Caribbean Cruise," in Technicolor, starring Carmen Miranda and Betty Grable. • • Ann Sheridan, suspended for several months in a salary dispute with War- ners, will return to the studio tomorrow. Warners said she is returning under the terms of her present contract, the dispute having been settled by Jack Warner, vice-president in charge of production, and Myron Selznick, her agent. Her first assignment will be "Navy Blues." • • Max Gordon, Broadway producer, reported today at the Columbia studio to begin work as a producer. NED E. DEPINET, RKO vice- president, is due today from the Coast. e Lee Newbury, president of Allied of New Jersey, plans a Florida trip in two weeks. • Robert Weitman, Nate Blum- berg, Fredric March, Florence Eldridge, Irving Berlin and Martin Moskowitz having lunch yesterday at Lindy's (51st St.). • William Brandt, Anita Louise, Jack Pearl, Morris Gest, Arthur Loew, Moss Hart, Russel Crouse, Vincent Trotta, and John Buch- anan lunching at Sardi's yesterday. • Joseph Seidelman, Monroe Green- thal, Harry Buckley, Al Mar- golies, Arche Mayer and Irvin Shapiro at Lindy's (next to the Rivoli) yesterday for lunch. • Earle Hammons, Maurice Berg- man, Dave Lipton, Jeffrey Bern- erd, Charles Paine and Sid Silvers having lunch yesterday at the Tavern. • John and Hilda Connor, who operate the Strand at Glace Bay, N. S., are the parents of a son. Luncheon for O'Shea E. K. O'Shea, Central division man- ager for M-G-M, was honored at a luncheon yesterday in Nick's Hunting Room at the Hotel Astor, prior to his departure with Mrs. O'Shea for Florida. Present were: Martin Quigley, T. J. Connors, Ed Saunders, Clayton Bond, Lowell Calvert, Sam Shain and Max A. Cohen. Mayer Ampa Guest Arthur Mayer, operator of the Ri- alto on Broadway, will be the guest of honor at the luncheon meeting of the Ampa, scheduled for next Thurs- day at the Hotel Edison. Victoria Cordova, RKO singer, will entertain at the luncheon. RESTAURANTS 1626 BROADWAY 1655 (Next to the (51st Street Rivoli Theatre) Corner) For over 20 years the luncheon and dinner place for Motion Picture People Sole agents in New York for FAMOUS BLUM'S ALMONDETTES from San Francisco, California Warners to Show 'Wolf on Steamer Warner Bros, yesterday announced it would hold a "world premiere" of "The Sea Wolf," aboard the S. S'. America during the steamer's sched- uled journey from Los Angeles to San Francisco next Friday. The ship is now en route to San Francisco from New York and will arrive in Los An- geles Thursday. Edward G. Robinson, John Garfield and Ida Lupino will be among the ship's guests on the coastal trip. The regular premiere will fol- low in San Francisco. The ship's screening was by special arrangement with the United States Lines. Smith on Drive Tour Cresson E. Smith, Western division sales manager for RKO, will join the Ned Depinet Drive tour at St. Louis on Monday. He will continue with the drive leaders through the West- ern territory to Los Angeles. Goodman in S. A. Morris Goodman, Republic vice- president in charge of foreign sales, is in Mexico City, on the first leg of an annual trip to Republic's Latin American branches. He will be gone about four months. Reels Weigh Use Of Extra Footage Newsreel officials are giving con- sideration to the possibility of using surplus footage on news clips for separate reels to be shown in special localities, or as major distributors' short subjects or featurettes. There are differing opinions among the newsreel executives as to the practicability of the plan to make use of newsreel "overmatter." It was pointed out that certain of the reels used extra footage on last Fall's foot- ball games with considerable success in some localities, notably New Eng- land. Canadian Exhibitor Dies Halifax, N. S., March 13.— R. J. Macadam, proprietor of the local Ca- sino and its manager until three years ago, is dead here. He began his af- filiation with theatres 30 years ago at Sydney, N. S., as manager of a silent picture house there. Stapleton Rites Held Ottawa, March 13. — Funeral ser- vices for Ben Stapleton, founder of the Center Theatre, were held yes- terday. Burial was in Beechwood Cemetery. Newsreel Parade TjyAR defense and sports/ made up rr the greater part of the new is- sues with unanimous attention given to Roosevelt's signing of the history- making Lend-Lease bill. The contents : MOVIETONE NEWS, No. 54— Roosevelt signs British-aid bill. Greeks push ojfc.jri Albania. French war heroes decojS) ' King George welcomes Winant in land. London firemen at work. Maryrand i plane factory speeds production. American troops in Newfoundland. Flower festival in Florida. Baseball players in training. Fishing in Washington. New York boys in boxing bouts. NEWS OF THE DAY, No. 252— Greeks advance in Albania. Queen Elizabeth holds wartime court. Winant arrives in England. Roosevelt signs Lend-Lease bill. Navy gives gas defense instructions. Troops in Newfoundland. Golf match in Florida. Boys' Club holds bouts. PARAMOUNT NEWS, No. 57— Roose- velt signs aid-to-Britain bill. Winant meets King George. Bombers in Mary- land for England. Army equipment set for shipment to England. New York boys in boxing bouts. Groundbreaking in Bermuda for U. S. base. Troops arrive in Newfoundland. U. S. bases on the Caribbean. Battle of Eritrea. RKO PATHE NEWS, No. 57— British march into Eritrea. British student of- ficers in training. King George greets Winant. Roosevelt signs Lend-Lease bill. Maryland airplane plant expanded. Troops land in Newfoundland. Services in Athens lor General Metaxas. Gas mask drills in California and Washington. Exhibition of surrealist art in Virginia. Miniature auto race in Los Angeles. UNIVERSAL NEWSREEL, No. 962— Roosevelt signs war-aid bill. Government appeals for labor's aid. British victory in North Africa. King George welcomes Winant. Gas maneuvers in Washington and California. Troops in Newfoundland. Maryland plane factory steps up produc- tion. New York youngsters in boxing bouts. Ski jumps in New Hampshire. Grainger Plans No Changes in Midwest Chicago, March 13. — No changes in personnel in any of the Midwest exchanges are contemplated at the present time, James R. Grainger, Re- public president, announced here to- day. Grainger is in Chicago conferring on the new Republic product. This is his first visit since Republic pur- chased the Illinois, Indiana and Wis- consin franchise from Irving H. Man- del. MOTION PICTURE DAILY {Registered U. S. Patent Office) Published daily except Saturday, Sunday and holidays by Quigley Publishing Company, Inc., 1270 Sixth Avenue, Rockefeller Center, New York City. Telephone Circle 7-3100. Cable address, "Quigpubco, New York." Mar- tin Quigley, Editor-in-Chief and Publisher; Colvin Brown, Vice-President and General Manager; Watterson R. Rothacker, Vice- President; Sam Shain, Editor; Alfred L. Finestone, Managing Editor; James A. Cron, Advertising Manager; Chicago Bureau, 624 South Michigan Avenue, C. B. O'Neill, Manager; Hollywood Bureau, Postal Union Life Building, William R. Weaver, Editor; Leon Friedman, Manager; London Bureau, 4 Golden Square, London Wl ; Hope Wil- liams, Manager, cable address "Quigpubco, London." All contents copyrighted 1941 by Quigley Publishing Company, Inc. Other Quigley publications: Motion Picture Herald, Better Theatres, International Motion Pic- ture Almanac and Fame. Entered as second class matter, Sept. 23, 1938, at the post office at New York, N. Y., under the act of March 3, 1879. Subscription rates per year $6 in the Americas and $12 foreign. Single copies 10c. 25 Years in Same House Pittsburgh, March 13 TWENTY-FIVE years ago Joe Miller wound the first film at the opening of the Plaza Theatre in the Bloomfield neighborhood. Last week he observed his 25th anniversary in the same house, estimating that he has projected 420,095,700 feet of celluloid on the job. Recalling the days when "projection booths .were just a few slabs of asbestos pieced together, about nine feet high and six feet wide," Miller also remem- bered that "we never paid much attention to schedules then as we do now. We were mainly interested in finishing the last show on time — at 11 P.M. If we were running behind, we just speeded up the machine. Many's the time I've had the characters running and jump- ing, all a-scramble on the screen so we wouldn't go nast quitting time. "Then again, if the show was going too fast, we'd slow up the film. Then the characters just loafed about." In 1916, Miller quit a shovel job to become an assistant operator at $1 a day. [ Friday, March 14, 1941 Motion Picture Daily British in Plea on Reserve Listings London, March 13. — The industry today made an urgent plea to the Min- istry of Labor to retain the status quo on the reserved occupations list- ing, with respect to film technicians, declaring that the changes now pro- posed to be effective April 1, will mean the virtual extinction of the in- j*£of technical labor was presented to the Government this morning by the producers and this afternoon by ex- hibitors and labor. Meanwhile, the general council of the Cinematograph Exhibitors Asso- ciation reported that the Kinemato- graph Renters Society (distributors) is unwilling to institute a sliding scale of rentals for the relief of exhibitors in bombed areas, but will ask individ- ual distributors to treat separate cases fining bombed areas. The report of with consideration. The K.R.S. dis- putes the possibility of arbitrarily de- the C.E.A. council confirms the recent forecast of Motion Picture Daily on the situation. Ask Court Approval For Fox Accounting Kenneth P. Steinreich and Leopold Porrino as trustees of Fox Theatres Corp. filed notice of application yester- day in N. Y. Supreme Court for ap- proval of an accounting of Fox The- atres for the year ending Dec. 31, 1940. The report reveals $87,187 available last Dec. 31 for distribution to certifi- cate holders and for payment of taxes and allowances to trustees and attor- neys. The application, which will be heard by Justice Edward B. McLaughlin on March 31, asks in addition for ap- proval of a plan of operation for 1941 and for authorization to sell certain land located in the Bronx held by the trustees. Fees and allowances are sought for services rendered in 1940. A sum of $80,000, the report states, is being held as a reserve for the pos- sible distribution to William Fox on his claim, estimated at $8,000,000. Fox's claim is subject to litigation, and the trustees have interposed a cross- claim against him. Carolina MPTO in Membership Drive Charlotte, N. C, March 13. — The Theatre Owners of North and South Carolina plan a membership drive, centering chiefly in South Carolina. Charles Arrington, president, and Mrs. Pauline Griffith, secretary, have completed a tour of North Carolina, during which they signed a number of theatres to membership. Hardy Tax Affirmed Washington, March 13. — The Board of Tax Appeals today affirmed deficiency taxes of $75,755 against Oliver Hardy for the years 1934 to 1937, inclusive, holding a property set- tlement between the actor and his wife in 1933 was in full force even though they had become reconciled. Feature Reviews "That Uncertain Feeling" (Lubitsch-Lcsscr-United Artists) D EGINNING with little more in the way of a story idea than a young wife in the throes of boredom, Ernst Lubitsch ends by delivering a sophisticated comedy drama of married life which sparkles frequently, sometimes merely glimmers, but always is rich in produc- tion values. Since Lubitsch has chosen to diagnose the young wife's boredom as due almost exclusively to an insufficiency of provision for her physical appetite, the resulting production, also, is suited almost exclusively to mature audiences. This, perhaps, would be less the case if the producer- director had been as subtle in all sequences as he is in the final one when he causes the young husband to open the door of his wife's bed- room and place the photograph of the erstwhile amorous intruder on the floor outside, signalizing that all is well again within. But such is not the case. The Lubitsch "touch," on occasion, here becomes a sock in the jaw, as in the blunt insinuations of the doctor's consultation with the young wife, which leave no doubt that he and Lubitsch are in diagnostic agreement. Merle Oberon, as the young wife, is well prepared for an extra- marital adventure by that consulation. In fact, as though he were a prescription supplied on order, she encounters the means for that adven- ture in the doctor's waiting room in the person of Burgess Meredith, as a pianist of the "arty" genre. From there on, her boredom as the wife of Melvyn Douglas, a suc- cessful insurance man too engrossed in his work, progresses to the divorce stage, then retraces its steps to the reconciliation when she comes to realize that an artist, as well as an insurance salesman, can be too wrapped up in his occupation to make of a woman's life an endless courtship. Miss Oberon's performance is almost flawless. Her transition from the dissatisfied woman bent upon divorce to the reawakened wife again in love with her husband is one of expertness and appeal. Douglas has difficulty overcoming his unsympathetic original characterization of the indifferent husband, but once launched upon his campaign to re-win his wife, he is again on solid ground, and ends both the picture and the role as its master. Meredith is an amusing, irresponsible artist-adven- turer, not too likable, as the script directs, but believable. In the lesser roles, Harry Davenport as the family lawyer ; Alan Mowbray as the doctor ; Sig Rumann as an insurance client, and Olive Blakeney as a friend, stand out. The story runs from the risque to the warmly comic. Full use should be made of the cast and producer's names in selling the picture as sophisticated entertainment for adults. The title's own implications are not likely to be misread. Running time, 85 minutes. "A."* Sherwin A. Kane *"A" denotes adult classification. (A Man Betrayed' {Republic) Hollywood, March 13 /")NE of the better of the consistently improved pictures of Republic, "A Man Betrayed" is a powerful story of graft and corruption in high places of a city's government. The tale deals with the endeavors of a small town attorney, played by John Wayne, in determining the real cause of the death of a friend, with the subsequent exposure of the crooked elections and politics and the eventual overthrow of the town's "boss." Supporting Wayne are Frances Dee and Edward Ellis, in featured roles ; Wallace Ford, Ward Bond, Harold Huber, Alexander Granach, Barnett Parker, Ed Stanley, Tim Ryan, Harry Hayden, Russell Hicks, Pierre Watkin and Ferris Taylor. At first called "Gangs of Kansas City" and later "Citadel of Crime," the film is amenable to exploitation and advertising campaigns, keynotes of which play up the exposures of graft. The film, directed by John H. Auer, while not edited as carefully in its preview version as it might have been, merits special attention, being able to hold its own with others of much higher budgets. Armand Schaefer was the associate producer. Running time, 80 minutes. "G."* Vance King *"G" denotes general classification. TNEC Issues Its Report on Screen Washington, March 13. — The Temporary National Eco- nomic Committee today for- mally issued its monograph on motion pictures, prepared by Daniel Bertrand, W. Duane Evans and E. L. Blanchard. Motion Picture Daily pub- lished a full report on the monograph in the issue of March 7. The report was released without comment by the TNEC, other than a foreword that its publication "in no way signifies nor implies as- sent to, or approval of, any of the facts, opinion or recom- mendations." The same dis- claimer has been made in all of the 29 industrial mono- graphs submitted. Jay Paley Witness In Schenck Trial Joseph M. Schenck conferred with almost all 20th Century-Fox Film of- ficers on a number of trips in his yacht, Caroline, Jay Paley testified yesterday in the Government suit against Schenck and Joseph H. Mos- kowitz in Federal court here. Paley said Schenck used the yacht for a goodwill tour, and that important film executives such as Samuel Goldwyn, Darryl F. Zanuck, William Goetz and Louis B. Alayer visited him on the yacht during the trip. Important ex- hibitors also visited Schenck aboard the yacht, Paley said. This testimony was corroborated by Louis Wer- theimer. Harry C. Wilson, another witness, declared that Schenck had held many business conferences aboard the yacht with producers and film executives. The witness, who had been Schenck's yacht broker, stated that Schenck pur- chased his first yacht, The Invader, for $96,000 and later sold it for $35,000. Ruth Nolader, Schenck's former secretary, will be the first witness called today. Cincinnati's Games Feb. Gross $206,505 Cincinnati, March 13. — There was a total attendance of 279,358 at 259 city-licensed chance game parties here in February, at which gross was $206,- 505.68, prizes, $49,803.80, leaving net of $156,701.88 to sponsoring organiza- tions, it was disclosed in a report of Police Chief Eugene T. Weatherly to City Manager C. O. Sherrill, who issues the playing permits. Average net cost per player was 55.1 cents. The January figures were 249 parties with attendance of 301,942 ; gross, $216,161.80; prizes, $52,474:74, and net, $163,687.06. January net cost per player was 54.2 cents. K.C. Club Party April 11 Kansas City, March 13. — Leon Allen, chairman of the entertainment committee of the local Variety Club, has announced that "Days of '49," annual Variety event open to the pub- lic, will be held in the clubrooms April 11 and 12. 4 Motion Picture Daily Friday, March 14, 1941 Loew's Settles Its First Case In Arbitration (Continued from page 1) E. F. Vanderveer of Morris, 111., on a "some run" complaint against Loew's. Charles Zane Henkle, vice-president of the Continental Illinois National Bank & Trust Co., is arbitrator. The third hearing is scheduled for Washington, March 25, on the clear- ance complaint of the Walbrook, Baltimore, against 20th Century-Fox and Warners, and the fourth has been set for March 26 in Cleveland on the clearance complaint of the Ellet Thea- tre, Akron, against all five consenting companies and the Rialto and Norka, Akron. Daniel B. Cull, former Cleve- land municipal court judge, civil serv- ice commissioner and Chamber of Commerce arbitrator there, has been selected as arbitrator for the Ellet complaint. The first arbitration case filed with the St. Louis local board this week may not be eligible for a hearing since it requests "first runs" of the five con- senting companies and Universal, Columbia, United Artists and Re- public. Demands for "first runs" are not qualified for arbitration under the consent decree until new season's con- tracts are in negotiation. However, the A.A.A. headquarters said that if the case does go to hearing the four non-consenting companies named in the complaint would be advised of the complaint and could participate in it voluntarily if they wished. The St. Louis complaint was brought by Louis M. Sosna, Mexico, Mo., who claims that he had been promised first runs before opening his theatre last June but was unable to obtain them. He names the Liberty and Rex, operated by the Frisina Circuit, and asks 208 first run films annually. Nine New Story Properties Set for Early Production Hollywood, March 13 NINE story properties were purchased last week by various studios for early production. Columbia purchased "Take Back Your Dreams," Lynn Root-Frank Fenton original; "Navy Nurse," by Hilary Lynn, to be made under the title of "Women of the Navy" ; "Just Another Dame," by Robert Hyde, and "The Man Who Came to Life," by Samuel W. Taylor. Sam Marx's original "Side Streets," dealing with a tabloid newspaper edi- tor, and "The Strange Adventure," original with a San Francisco, Hono- lulu and China background by Clyde Brion Davis, have been bought by M-G-M. Republic acquired "Hurricane Smith," by Charles Booth, and "Pardon My Stripes," by Adrian Johnson. Twentieth Century - Fox bought "Private Confusion," play by Hardie Albright and Austin Parker, which was produced in England. 4Rio' and 4Doe' Lead In Slow B 'way Week (Continued from page 1) Strand, "Strawberry Blonde," with a stage show headed by Raymond Scott and his orchestra, completed its third and final week last night with an esti- mated $19,000. The new show starts today, with "Footsteps in the Dark" on the screen and Ben Bernie and his orchestra on the stage. "So Ends Our Night," plus a stage show, finished its second week Wednesday night at the Music Hall with an estimated $58,000. It was succeeded yesterday by "Cheers for Miss Bishop." At the Globe, "Night Train," continuing, is expected to finish its 10th week tonight with about $4,000. The 11th week starts to- morrow. "Mr. Dynamite" started at the Rialto yesterday, after an esti- mated $5,000 week with "Ellery Queen's Penthouse Mystery." Sells House in Oakland Oakland, Cal., March 13. — Ty Win- kel has sold the Piedmont Theatre to Gerald Hardy, George Bruce has been signed by Paramount to write the script for "War Town" with Sidney Biddell. . . . Stephen Longstreet, author of "The Gay Sisters," has been signed to a term contract by Warners. . . . Columbia has given Richard Wallace, the director, a term deal. • • M-G-M has signed Anita Loos to a term writing contract. . . . Because of his performance in "I Wanted Wings," William Holden has had his contract extended by Paramount. . . . Martha O'Driscoll gets one of the top roles in Paramount's "World Premiere." . . . Robert Preston has been bor- rowed by RKO from Paramount for "Parachute Battalions," in which Harry Carey also will be featured. . . . Loretta Young will be starred in "Tonight Belongs to Us," formerly titled "Ballerina," which Gregory Ratoff will direct for Columbia. . . . Warners will costar Errol Flynn and Joan Leslie in "The Constant Nymph," which Edmund Goulding will direct. • • Charles Vidor's directorial con- tract at Columbia has been extended. . . . Larry Darmour's next Ellery Queen story will be "The Devil Pays." . . March 17 has been set as the start for the Marx Brothers next picture at M-G-M. Charles Reisner will direct and Louis K. Sidney produce. . . . Ralph Bellamy goes into War- ners' "Dive Bomber." Universal Quarter Profit Is $553,795 Ascap and Officials Fined $35,250 in Wis. (Continued from page 1) animous vote a measure authorizing the state to license Ascap agents in Wisconsin. Although the state's anti- Ascap law was enacted in 1937, it made no provision for the enforce- ment of specifications that Ascap representatives be required to pay a $25 annual license fee and assessing a 25 per cent tax on their collections in the state. Senator John E. Cashman, author of the enabling bill, said that if the measure became law it would yield the state $100,000 annually. The bill now goes to the Assembly where its pass- age is believed certain. (Continued from page 1) other business, the stockholders will vote on proposed seven-year contracts for Cowdin, Blumberg, Prutzman, Cliff Work, W. A. Scully, J. H. Seidelman and Matthew J. Fox. The reported 13-week profit is after all charges and provision of $150,000 as a reserve to cover normal Federal income taxes for the period, but be- fore provision for the Federal excess profits tax, to be computed at the year's end. Making reasonable al- lowance for this tax, the result still is estimated to be in excess of $500,000 for the period, as estimated in Motion Picture Daily on March 6. Universal's net profit for the quar- ter before provision for Federal taxes amounted to $703,795, which com- pares with a profit similarly computed but after provision of $65,000 as a special amortization reserve, of $395,- 631 in the corresponding quarter a year ago. Based on company experience to date this year, J. Cheever Cowdin, Universal board chairman, said that no reserve for amortization is deemed necessary at this time. Cowdin said that Universal did not accumulate any additional blocked sterling balances in England during the quarter, not yet having transferred its full quota under this year's remit- tance agreement. Additional accumu- lations of blocked sterling are to be expected before the year's end, how- ever, he said. All present directors, including Peyton Gibson, who was elected to the board recently to serve the un- expired term of William Freiday, re- signed, are scheduled to be reelected at the stockholders' meeting to- morrow. The stockholders will also vote on an amendment to the company's by- laws to indemnify officers and direc- tors on judgments resulting from legitimate exercise of their official authority. Para. Party Screens Greek Relief Film (Continued from page 1) gan, C. J. Scollard, A. J. Richard, Martin Quigley, Louis de Rochemont, W. F. Githens, L. E. Thompson, Gradwell Sears, George Skouras, Mort Blumenstock, Sam Shain, Her- man Robbins, Leonard Goldenson, Ai Wilkie, Sam Dembow, Jr., George Dembow, Max Cohen, Walter Futter, Arthur Mayer, P. S. Harrison, Cres- son Smith, Milt Kusell, Fred Meyers, Gordon Youngman, J. J. O'Connor, William Zimmerman, Maurice Kann, John C. Flinn, Nicholas Lely, Greek consul general at New York, Herb Berg, Sid Rechetnick, James Cron, Sherwin A. Kane, Charles E. Lewis and Herb Fecke. 6 Comrade X' Hits $17,000, Best in Loop Chicago, March 13. — "Comrade X," plus a variety show, drew $17,000 at the Oriental. The International Casino Revue on the stage with "Night Train" on the screen brf >ovo CO TOMMY DORSEY AND HIS ORCHESTRA • BERT WHEELER Constance Moore • Phil Regan • Betty Brewer • Lillian Cornell • Virginia Dale • Red Donahue and His Mule Uno Directed by Ralph Murphy . Original Screen Play by Ernest Pagano and Friday, March 14, 1941 Motion Picture Daily 7 'Henry' and Show $18,500, Philadelphia Philadelphia, March 13. — Compe- tition from snow-storms on weekend .days and the "Ice Follies of 1941" r' toe capacity business at the Arena (iftpd too much for the downtown !v uses. The best business was done at V the Earle, Lou Holtz's Hollywood revue aiding "Life with Henry" to bring in $18,500. Of the holdovers, "Fantasia" brought $12,300 at the Al- dine for its third week. Estimated takings for the week end- ing March 5-7 : "Fantasia" (Disney) ALDINE— (1,400; (86c-$1.14-$1.71) 7 days, 3rd week. Gross: $12,300. (Average, $9,000) "Victory" (Para.) ARCADIA— (600) (35c-46c-57c) 7 days, 2nd run. Gross: $2,000. (Average, $2,600) "Come Live With Me" (M-G-M) BOYD — (2,400) (35c-41c-46c-57c-68c) 7 days. Gross: $13,500. (Average, $13,000) "Life With Henry'' (Para.) EARLE — (4,000) (35c-41c-46c-57c-68c) 7 days. Vaudeville, with Lou Holtz's Holly- wood revue with Wendy Barrie, Lola Lane, Arline Judge, Diana Del Rio, Ruth Daye and Jack Sidney. Gross: $18,500. (Aver- age, $14,000) "The Lone Wolf Keeps a Date" (Col.) FAY'S — (2,190) (15c-29c-35c-46c-57c)_ 7 days. Vaudeville, including Paula Lind, Roxanne, Freddie Stritt with Valla Kay, Jimmy & Mildred Mulcay, Eddie Shayne & Charlotte Armstrong, and Harry Reso. Gross: $5,800. (Average, $6,900) "Western Union" (20th-Fox) FOX— (3,000) (35c-41c-46c-S7c-68c) 7 days. Gross: $12,000. (Average, $13,000) "Philadelphia Story" (RKO) KARLTON— (1,000) (35c-41c-46c-57c-68c) 7 days, 2nd run, 3rd week. Gross: $5,900. (Average, $3,000) "Cheers for Miss Bishop" (U. A.) KEITH'S— (2,200) (35c-41c-46c-57c-68c) 7 days, 2nd run. Gross: $3,500. (Average, $4,500) "Virginia" (Para.) STANLEY— (3,700) (35c-41c-46c-57c-68c) 7 days. Gross: $12,000. (Average, $14,000) "Flight from Destiny" (W. B.) STANTON— (1,700) (35c-46c-57c) 7 days. Gross: $3,000. (Average, $4,500) 'Mr. Smith' Scores $12,000 in Toronto Toronto, March 13. — "Mr. and Mrs. Smith" captured honors at the Up- town with a gross of $12,000. "The Philadelphia Story" scored $10,800 in its second week at Loew's. The weath- er was fair but the Skating Club Car- nival cut into theatre patronage. Estimated takings for the week end- ing March 8: "Western Union" (20th Fox) IMPERIAL — (3,373) (15c-25c-35c-50c-75c) 6 days. Gross: $10,200. (Average, $9,000; "The Philadelphia Story" (M-G-M) LOEW'S — (2,074) (15c-25c-35c-50c-65c) 6 days, 2nd week. Gross: $10,800. (Average, $9,000) "Trail of the Vigilantes" (Univ.) "Where Did You Get That Girl?" (Univ.) SHEA'S— (2,663) (15c-35c-40c-50c) 6 days. Gross: $7,000. (Average, $7,500) "The Letter" (W. B.) "Father's Son" (W. B.) TIVOLI— (1,434) (10c-25c-40c) 6 days. Gross: $4,300. (Average, $3,900) "Mr. and Mrs. Smith" (RKO) UPTOWN— (2,761) (15c-25c-35c-50c-75c) 6 days. Gross: $12,000. (Average, $9,000) Add to Maine Circuit St. John, N. B., March 13.— Bern- stein & Lieberman, with headquarters here, have acquired the Savoy, Fort Kent, Me., as the 11th house in their circuit. The Savoy seats 400. Fort Kent is opposite Clair, N. B., on the St. John River, the two border towns being connected by a bridge. 'Hardy' Providence Lead, Pulls $12,500 Providence, March 13. — "Andy Hardy's Private Secretary" and "The Wild Man of Borneo," dualed at Loew's State, took $12,500, and "Buck Privates," in its third week at the RKO Albee, was good for $6,500. Estimated takings for the week end- ing March 5-6 : "Buck Privates" (Univ.) "The Invisible Woman" (Univ.) RKO-ALBEE— (2,239) (28c-39c-50c) 7 days, 3rd week. Gross: $6,500. (Average, $6,000) "Andy Hardy's Private Secretary" (M-G-M) "The Wild Man of Borneo" (M-G-M) LOEW'S STATE— (3,232) (28c-39c-50c) 7 days. Gross: $12,500. (Average, $11,000) "Nice Girl?" (Univ.) "Murder Among Friends" (20th-Fox) MAJESTIC— (2,250) (28c-39c-50c) 7 days. Gross: $6,400. (Average, $7,000) "Virginia" (Para.) "Girls Under 21" (Col.) STRAND— (2,200) (28c-39c-50c) 7 days, 2nd week. Gross: $6,500. (Average, $6,000) "Secret Evidence" (P. R. C.) METROPOLITAN — (3.045) (28c-39c-55c- 75c) 3 days. Stage show with Bab Chester and orchestra; Henry Armetta; Joe and Jane McKenna; the Three Wiles; Dorn Bros, and Mary. Gross: $5,600. (Average, $4,700) "Robin Hood of the Pecos" (Rep.) FAY'S— (1,800) (33c-39c-44c) 7 days. Stage show with Singer's Midgets. Gross: $4,700. (Average, $5,000) "Strawberry Blonde" (W. B.) "Father's Son" (W. B.) CARLTON— (1,526) (28c-39c-50c) 6 days, 2nd week. Gross: $3,200. (Average, $3,500) "Victory" (Para.) (3 days) "Land of Liberty" (M-G-M) (3 days) "Flight Command" (M-G-M) (4 days) "Dancing on a Dime" (Para.) (4 days) EMPIRE— (1.200) (20c-28c) 2nd run. Gross: $1,500. (Average, $1,700) 'Smith' Capital Hit, Garners $14,000 Washington, March 13. — "Mr. and Mrs. Smith" turned in $14,000 at RKO Keith's. "Come Live With Me," aided by a stage show headed by Jay C. Flippen, drew $21,000 at Loew's Capitol. Estimated takings for the week end- ing March 5-6 : "High Sierra" (W. B.) WARNER'S EARLE— (2,200) (28c-39c- 44c-66c-77c) 7 days. On stage: Cass Daley, Harris, Claire & Shannon, Adriana & Charly, Roxyettes. Gross: $14,200. (Aver- age, $15,000) "Mr. and Mrs. Smith" (RKO) RKO-KEITH'S— (1,834) (39c-55c) 7 days. Gross: $14,000. (Average. $7,500) "Come Live With Me" (M-GM) LOEW'S CAPITOL— (3,434) (28c-39c-44c 66c -77c) 7 days. On stage: Jay C. Flippen, Bob Neller. Billy Branch & Co., Gil & Bernie Mason, Rhythm Rockets, Marjorie Gainsworth. Gross: $21,000. (Average, $15,- 500) "This Thing Called Love" (Col.) WARNER'S METROPOLITAN— (1,600) (28c-44c) 7 days, return engagement. Gross: $5,700. (Average, $4,500) "The Son of Monte Cristo" (U. A.) LOEW'S COLUMBIA— (1,250) (28c-44c) 7 days, return engagement. Gross : $3,200. (Average, $4,000) "So Ends Our Night" (U. A.) LOEW'S PALACE— (2,300) (39c-55c) 7 days. Gross: $10,500. (Average, $15,000) Film Men in Service New Haven, March 13. — Several additional film men in this area are in the Army. John Perakos, son of Peter Perakos, Connecticut exhibitor, has joined the Marines. John was man- aging the Strand, Thompsonville, after his brother, Speri, left for service. Edward Canelli, Warner exchange as- sistant shipper here, leaves Friday for camp, as well as Sidney Lax, Colum- bia shipper. William Nutile, former Paramount shipper, who left several weeks ago, has been replaced by Har- old Garceau. 1,000,000 Youngsters Attend 'Kiddie' Show Pittsburgh, March 13. — More than 4,500 boys and girls attended "the world's largest kiddie show" at the Enright Theatre recently, celebrating its seventh an- niversary. Approximately 1,- 000,000 youngsters have at- tended the bills since they were inaugurated, according to Walt Framer, master of ceremonies. Featuring organ- ist Johnny Mitchell and youthful amateur entertain- ers chosen from cutomer-ap- plicants, the program is broadcast every Saturday morning over WWSW. 'Virginia' at $9,800 Strong in Denver Denver, March 13. — "Virginia" took $9,800 at the Denham. "Nice Girl?" at the Fox Denver took $10,900 on a single bill backed with a musical stage show, while "Come Live With Me" on a dual at the RKO Orpheum drew $10,000. Estimated takings for the week end- ing March 4: "Western Union" (20th-Fox) ALADDIN— (1,400) (25c-40c) 7 days, 2nd week. Gross: $2,500. (Average, $2,000) "Gone With the Wind" (M-G-M) BROADWAY— (1,040) (40c-50c) 7 days, 3rd week. Gross: $1,900. (Average, $1,775) "Virginia" (Para.) DENHAM— (1,750) (25c-35c-40c) 7 days, 2nd week. Gross: $9,800. (Average, $6,400) "Nice Girl?" (Univ.) DENVER— (2,600) (25c-35c-40c) 7 days. With Lamont Melodeers on stage. Gross: $10,900. (Average, $8,700) "Come Live With Me" (M-G-M) "Play Girl" (RKO) ORPHEUM— (2,600) (25c-35c-40c) 7 days. Gross: $10,000. (Average, $8,700) "Maisie Was a Lady" (M-G-M) "Wild Man of Borneo" (M-G-M) PARAMOUNT— (2,200) (25c-40c) 7 days. Gross: $5,000. (Average, $3,800) "Back Street" (Univ.) "You're Out of Luck" (Mono.) RIALTO— (900) 25c-40c) 7 days, 3rd week. Gross: $2,500. (Average, $2,100) 'Dugan' and Show $11,700 for Buffalo Buffalo, March 13. — "The Trial of Mary Dugan" with "Streets of Paris," first stage show at the house in years, drew $11,700 to the Hippodrome. "Adam Had Four Sons" and "Ellery Queen, Master Detective" took $10,000 at the Lafayette. Estimated takings for the week end- ing March 8 : "Western Union" (ZOth-Fooc) "The Girl in the News" (20th- Fox) BUFFALO— (3,489) (30c-55c) 7 days. Gross: $9,000. (Average, $12,000) "High Sierra" (W. B.) "Blonde Inspiration" (M-G-M) GREAT LAKES— (3,000) (40c -55c) 7 days. Gross: $8,500. (Average, $7,500) "The Trial of Mary Dugan" (M-G-M) HIPPODROME— (2,100) (30c-35c-55c) 7 days. "Streets of Paris," revue, on stage, with Sid Marion and Cliff Hall, Frank and Jean Hubert, Petch and Deauville, Ernesto and Talia, Three Little Maids, Anne Crosby, Peggy Alexander, Don Richards and L'Adorable Parisiennes. Gross: $11,700. (Average, $6,800) "Bowery Boy" (Rep.) (3 days) "Convoy" (RKO) (4 days) "She Couldn't Say No" (W. B.) (4 days) TWENTIETH CENTURY— (3,000) (30c- 35c-55c) 7 days. Count Basie and orchestra on stage three days, with Pegleg Bates, Son and Sonny, James Rushing and Helen Humes. Cross: $8,700. (Average, $7,500) "Adam Had Four Sons" (Col.) "Ellery Queen, Master Detective" (CoL) LAFAYETTE— (3,000) (30c-50c) 7 days. Gross: $10,000. (Average, $6,300) 'Hardy' Gets $29,500 at 2 L.A. Theatres Los Angeles, March 13. — "Andy Hardy's Private Secretary" and "Dr. Kildare's Crisis" garnered a total of $29,500 at two houses, with $13,000 at the Chinese and $16,500 at Loew's State. Estimated takings for the week end- ing March 5 : "Andy Hardy's Private Secretary" (M-G-M) "Dr. Kildare's Crisis" (M-G-M) CHINESE— (2,500) (33c-44c-55c-75c) 7 days Gross: $13,000. (Average, $12,500) "Fantasia" (Disney) CARTHAY CIRCLE— (1,518) (55c-$1.65) 7 days, 5th week. Gross: $12,800. (Average, $17,000) "Gone With the Wind" (M-G-M) 4 STAR— (900) (44c-55c) 7 days, 2nd week. Gross: $6,200. (Average, $3,250) "Mr. and Mrs. Smith" (RKO) (3rd week, 2 days) "Let's Make Music" (RKO) (2d week, 2 days) "Back Street" (Univ.) (5 days) "Blondie Goes Latin" (Col.) (5 days) HILLSTREET — (2,700) (33c-44c-55c-75c) Gross: $10,500. (Average, $6,500) "Andy Hardy's Private Secretary" (M-G-M) "Dr. Kildare's Crisis" (M-G-M) LOEW'S STATE— (2,500) (33c-44c-55c-75c) 7 days. Gross: $16,500. (Average, $14,000) "Mr. and Mrs. Smith" (RKO) (3rd week, 2 days) "Let's Made Music" (RKO) (2d week, 2 days) "Back Street" (Univ.) (5 days) "Blondie Goes Latin" (Col.) (5 days) PANTAGES — (3,000) (33c-44c-55c-75c) Gross: $11,000. (Average, $7,000) "Buck Privates" (Univ.) PARAMOUNT— (3,595) (33c-44c-55c-75c) 7 days. Stage: Night Life of Los Angeles. Gross: $17,000. (Average, $18,000) "Gone With the Wind" (M-G-M) UNITED ARTISTS— (2,100) (44c-55c) 7 days, 2nd week. Gross: $14,000. "Footsteps in the Dark" (W.B.) "Here Comes Happiness" (W.B.) WARNER BROS. (HOLLYWOOD) - (3,000) (33c-44c-55c-75c) 7 days. "Happiness" matinees only. Gross: $11,000. (Average, $14,000) "Footsteps in the Dark" (W.B.) "Here Comes Happiness" (W.B.) WARNER BROS. (DOWNTOWN) - (3,400) (33c-44c-55c-75c) 7 days. "Happi- ness" matinees only. Gross: $10,900. (Aver- age, $12,000) 'Blonde' Leader in Cleveland, $13,900 Cleveland, March 13. — "Straw- berry Blonde" drew $13,900 at War- ners' Hippodrome to lead the city. "Buck Privates," aided by Ray Noble's orchestra on the Palace stage, earned $14,800. Estimated takings for the week end- ing March 6 : "Back Street" (Univ.) ALLEN— (3.000) (33c-39c-47c) 7 days, 2nd week. Gross: $4,800. (Average, $4,000) "Strawberry Blonde" (W. B.) WARNERS' HIPPODROME — (3,800) (33c-39c-47c) 7 days. Gross: $13,900. (Aver- age, $11,000) "Buck Privates" (Univ.) RKO PALACE— (3,100) (33c-47c-55c) Ray Noble's orchestra on the stage. 7 days. Gross: $14,800. (Average. $13,500) "Son of Monte Cristo" (U. A.) LOEW'S STATE— <3.500) (33c-39c-47c) 7 days. Gross: $10,100. (Average. $11,000) "Road Show" (U. A.) LOEW'S STILLMAX — (1,900) (33c- 39c-47c) 7 days. Gross: $2,200. (Average, $4,000) Agency Signs Harmon A Arbor, Mich., March 13. — Tom Harmon, All-America half-back of 1940, disclosed here he had signed with the Crosby Agency in Holly- wood for one picture at S13.500, with I an option for a second at $17,500. 8 Motion Picture Daily Friday, March 14, 1941 'Wind' Holds Frisco Pace With $13,500 San Francisco, March 13. — "Gone With the Wind" took $13,500 at the Warfield in its third week. The weather improved, aiding grosses. "Strawberry Blonde" and "Honey- moon for Three" scored $17,000 at the Fox. Estimated takings for the week end- ing March 4-8: "Mr. and Mrs. Smith" (RICO) GOLDEN GATE— (2,850) (35c-40c-55c) 7 days, 3rd week. Stage: vaudeville. Gross: $12,500. (Average, $15,000) "Andy Hardy's Private Secretary" (M-G-M) "Murder Among Friends" (ZOth-Fox) PARAMOUNT— (2,740) (15c-3Sc-40c-50c) 7 days, 2nd week. Gross: $11,000. (Average, $11,500) "Strawberry Blonde" (W. B.) "Honeymoon for Three" (W. B.) FOX— (5,000) (15c-35c-40c-50c) 7 days. Gross: $17,000. (Average, $16,000) "Virginia" (Para.) "Wild Man of Borneo" (M-G-M) ST. FRANCIS— (1,400) (15c-35c-40e-50c) 7 days, 2nd week. Gross: $5,700. (Average. $6,000) "Buck Private" (Univ.) "Meet Boston Blackie" (Col.) ORPHEUM — (2,440) (15c-35c-40c-50c) 7 days. Gross: $8,500. (Average, $8,000) "Blackout" (U. A.) UNITED STATES— (1,200) (15c-35c-40c- 55c) 7 days. Gross: $7,600. (Average, $8,000) "Gone With the Wind" (M-G-M) WARFIELD— (2,680) (25c-40c-55c) 7 days, 3rd week. Gross: $13,500. (Average. $12,000) "They Met on Skis" (C. L. Import Co.) CLAY— (400) (15c-35c-45c) 7 days, 3rd week. Gross: $600. (Average, $1..000) "Fantasia" (Disney) GEARY— (1,288) (55c-75c-$1.10-$1.65) 4 days. Gross: $10,000. (Average, $9,000) 'Nice Girl?' Takes $12,500, St. Louis St. Louis, March 13— "Nice Girl?" billed/ with "Dr. Kildare's Crisis," grossed $12,500 at the Ambassador. The week was marked by' an intensive primary campaign, which hurt grosses. Estimated takings for the week end- ing March 6 : "Nice Girl" (Univ.) "Dr. Kildare's Crisis" (M-G-M) AMBASSADOR— (3,018) (28c-39c-44c-56c) 7 days- Gross: $12,500. (Average, $11,500) "High Sierra" (W. B.) "Honeymoon for Three" (W. B.) FOX— (5,038) (30c -40c -50c) 7 days. Gross: $11,000. (Average, $11,000) "So Ends Our Night" (U. A.) "Maisie Was a Lady" (M-G-M) LOEWS STATE— (3,162) (28c-39c-44c-56c) 7 days. Gross: $11,500. (Average, $13,000) "Virginia" (Para.) "Buck Privates" (Univ.) MISSOURI— (3,514) (30c-40c-50c) 7 days, 2nd week. Moved over from Ambassador. Gross: $5,800. (Average, $4,000) "Romance of the Rio Grande" (ZOth-Fox) "Arkansas Judge" (Rep.) ST. LOUIS— (4,000) (25c-35c) 7 days. Gross: $1,800. (Average, $2,600) Dual Intermission Is Tried in Seattle Seattle, March 13.— A new "relief period" for audiences at double-feature shows has been inaugurated here at Hamrick - Evergreen's Fifth Avenue, Paramount and Or- pheum Theatres. Twice daily, once in the afternoon and once in the evening, between the showing of the two fea- tures, a five-minute intermis- sion is scheduled. Feature Reviews The Round Up yy {Paramount) T> ICHARD DIX, Patricia Morison and Preston Foster are joined by Don Wilson, the well known announcer on the Jack Benny radio program, in an outdoor action film directed by Lesley Selander. Dix, a wealthy rancher, marries Miss Morison just as Foster returns. The latter is a ne'er-do-well who was believed to be dead. Foster attempts to resume the romance with Miss Morison and she is perplexed by her devotion to her husband on the one hand and her love for Foster on the other. Foster gets into a series of scrapes in which he involves Miss Morison. Dix plays the role of the strong, silent man and murders one man who attempts to annoy his wife. Later, a gambler (Jerome Cowan) is shot and Dix is accused, but Foster clears him by a confession. Complica- tions are provided by a gun running gang which smuggles rifles to the Apache Indians. Three songs are woven into the plot, and several laughs result from the romance of Wilson and Ruth Donnelly. Running time, 90 minutes. "G."* Edward Greif Back in the Saddle" (Republic) Hollywood, March 13 <ACK in the Saddle," starring Gene Autry, top western star, and featuring Smiley Burnette and Mary Lee, is a modern story dealing with the fight of cattlemen attempting to stop copper miners from polluting streams. Autry, as leader of the ranchers, effects a solution to the problems presented by an unscrupulous mining company head, through legal action backed by gunfire. A musical western, there are eight songs of the outdoor type sung by Autry, Burnette, Mary Lee and Jacqueline Wells. Others in the cast are Edward Norris, Addison Richards, Arthur Loft, Edmund Elton, Joe McGuinn, Edmund Cobb and Robert Barron.* Lew Landers directed this Harry Grey production. Running time, 71 minutes. "G."* Vance King *"G" denotes general classification. 'Strawberry Blonde' $17,500, Pittsburgh Pittsburgh, March T3. — "Straw- bery Blonde" pulled $17,500 at Loew's Penn. "Buck Privates" built to $7,200 at the Senator, and "Honeymoon for Three," helped by "Folies Bergere" on the stage, drew $19,000 at the Stanley. Estimated takings for the week end- ing March 6 : "Strawberry Blonde" (W. B.) LOEW'S PENN— (3,400) (28c - 39c • 55c) 7 days. Gross: $17,500. (Average, $13,000) "Kitty Foyle" (RICO) RITZ— (800) (28c-39c-5Sc) 7 days, 3rd week. Gross: $4,800. (Average, $3,000) "Buck Privates" (Univ.) SENATOR— (1,700) (28c-39c-55c) 7 days. Gross: $7,200. (Average, $5,000) "Honeymoon for Three" (W. B.) STANLEY— (3,600) T28c-44c-66c) 7 days. On stage: "Folies Bergere." Gross: $19,000. (Average, $18,000) "Virginia" (Para.) WARNER— (2,000) (28c-39c-55c) 7 days, 2nd week. Gross: $6,500. (Average, $5,000) Uses Singles, Duals Kansas City, March 13. — Fox Zimm at Winfield, Kan., has. reopened under Manager Hugh Siverd, and will use a single feature the first half of the week and duals the second half. The Regent there discontinues double features under the new arrangement. Takes Over la. Theatre Cresco, la., March 13. — Jack Kuech, operator of the Gem Theatre at Charles City, la., has taken over the operation of the Mode here. J. A. Tuchek, who built the Mode last Fall, owns the theatre building. 'Night Train' Draws $8,000, Kansas City Kansas City, March 13. — Pinky Tomlin and his orchestra on the stage and "Night Train" at the Tower drew $8,000. "Virginia" brought $7,500 to the Newman in the second week. Estimated takings for the week end- ing March 4-7: "Western Union" (20th-Fox) ESQUIRE— (800) (28c-44c) 6 days, 2nd week. Gross: $2,000. (Average, 6 days, $1,900) "This Thing Called Love" (Col.) "WUd Man of Borneo" (M-G-M) MIDLAND— (4,000) (28c-44c) 7 days. Gross: $8,500. (Average, $9,500) "Virginia" (Para.) NEWMAN— (1,900) (28c-44c) 7 days, 2nd week. Gross: $7,500. (Average. $7,000) "High Sierra" (W. B.) "Play Girl" (RKO) ORPHEUM— (1,500) (28c-44c) 7 days. Gross: $5,500. (Average, $5,000) "Night Train" (ZOth-Fox) TOWER— (2,200) (30c) 7 days. Stage: Pinky Tomlin and orchestra, Betty Bennett. Gross: $8,000. (Average, $6,000) "Western Union" (ZOth-Fox) UPTOWN— (2,000) (28c-44c) 6 days, 2nd week. Gross: $2,800. (Average, 6 davs. $2,600) Buys House in Indiana Delphi, Ind., March 13. — Raymond V. Whitman of Chicago has pur- chased the Arc here from Mrs. J. M. Gardner and has reopened it. The house had been closed since the death of Mr. Gardner a few years ago. Reopens Drive-In House New Orleans, March 13. — The open-air drive-in theatre on Canal Boulevard here which operated last Summer has reopened. Charles Wool- ner is manager. ' Andy Hardy9 Seattle High With $8,500 Seattle, March 13. — "Andy Hardy's Private Secretary" at the Fifth Ave- nue and "Strawberry Blonde" at the Orpheum were the two best grossers, the former with $8,500 and the rffNr with $6,300. Extremely mild SR' 1 weather and a city-wide housing ex- position offered competition. Estimated takings for the week end- ing March 7: "Virginia" (Para.) "Life with Henry" (Para.) BLUE MOUSE— (950) (30c-40c-50c) 7 days. 2nd week. Gross : $2,900. (Average. $4,000) "Andy Hard's Private Secretary" (M-G-M) "Ride. Kelly, Ride" (ZOth-Fox) FIFTH AVENUE— (2,500) (30c-40c-50c- 65c) 7 days. Gross: $8,500. (Average, $7,000) "This Thing Called Love" (Col.) "Phantom Submarine" (Col.) LIBERTY — (1,800) (30c-40c-50c-65c) 7 days, 4th week. Gross: $5,500. (Average, $5,000) "Gone With the Wind" (M-G-M) MUSIC BOX— (950) (40c-58c-75c) 7 days, 3rd week. Gross: $4,900. (Average, $4,000) "Strawberry Blonde" (W. B.) "Behind the News" (Repub.) ORPHEUM— (2,450) (30c-4Oc-50c) 7 days. 7 days. Gross: $6,300. (Average, $5,000) "Meet the Chump" (W. B.) PALOMAR— (1,500) (20c-30c-40c-50c) 7 days. "Cocoanut Revue" on stage. Gross: $4,900. (Average, $5,000) "Western Union" (ZOth-Fox) "Wild Man of Borneo" (M-G-M) PARAMOUNT— (3,050) (30c-40c-50c) 7 days. Gross: $5,700. (Average, $6,000) Minneapolis Gives 'One' Good $10,500 Minneapolis, March 13. — "You're the One," with a stage show, regis- tered $10,500 at the Orpheum, while "Mr. and Mrs. Smith" did $9,500 at the State, despite adverse weather. Estimated takings for the week end- ing March 7: "Mr. and Mrs. Smith" (RKO) STATE— (2,300) (28c-39c-44c) 7 days. Gross: $9,500. (Average, $6,000) "You're the One" (Para.) ORPHEUM— (2,800) (28c -39c -44c -55c) 7 days. Stage, International Casino revue. Gross: $10,500. (Average, $5,500) "Flight From Destiny" (W. B.) WORLD— (350) (28c-39c-44c-55c) 7 days, 2nd week. Gross: $1,600. (Average, $1,600) "Road Show" (U. A.) (4 days) "Michael Shayne, Private Detective" (ZOth-Fox) (4 days) GOPHER— (998) (28c) 8 days. Gross: $1,900. (Average, $2,500) "Virginia" (Para.) CENTURY— (1,600) (28c-44c) 7 days, 2nd week. Gross: $5,500. (Average, $4,000) "Let's Make Music" (RKO) (4 days) "Face Behind the Mask" (CoL) (4 days) "Father's Son" (W.B.) (4 days) "Along the Rio Grande" (RKO) (4 days) ASTER— (900) (15c-28c) 8 days. Gross: $1,800. (Average, $1,800) AGVA Says Ranks Firms Despite AFM Blanche Witherspoon, executive sec- retary of the American Guild of Musi- cal Artists, in a statement yesterday declared that the union's ranks were holding despite the defection of Albert Spalding, concert violinist, and several others, who have joined the American Federation of Musicians. She asserted that AGMA would continue to fight the order of James C. Petrillo, A.F.M. president, that all concert instrumentalists must join the A.F.M. She also pointed out that liti- gation is pending in the New York Court of Appeals for an injunction. QUIGLEY PUBLICATIONS afford to this industry the service which is its standard in dependability in swift information and ever reliable in policies, in consistent delivery of high level performance MOTION PICTURE HERALD MOTION PICTURE DAILY OP 10 Motion Picture Daily Friday, March 14, 1941 Off the Antenna THREE CBS shows will go over to NBC-Red April 28. General Foods will sponsor "Home of the Brave" over 80 Red stations at 5-5:15 P.M. and "Portia Faces Life" over 84 outlets at 5:15-5:30 P.M. Best Foods will sponsor "We, the Abbotts" over 52 stations 5:30-5:45 P.M. All are script shows heard Mondays through Fridays. "Girl Alone," "Lone Journey" and "Jack Armstrong," now heard during those periods, will be shifted to spots made vacant by the removal of the Procter & Gamble programs which are leaving the network. • • • Purely Personal: Arthur Kurlan has written the radio adaptation of "Petri- fied Forest" which will be broadcast to England on "Friendship Bridge" pro- gram by WRUL, Boston short zvave station, next Thursday. . . . Charles Stark, free lance announcer, will celebrate his 12th anniversary on the air March 27. . . . Alfred J. McCosker, IVOR president and chairman of the Mutual board, and Harry Hershfield, cartoonist and humorist heard over IVOR, were awarded B'nai B'rith meritorious service medals yesterday for their ivork as sponsors of the McCosker-Hershfield Cardiac Foundation. • • • Mutual and NBC-Blue will acquire full time outlets in Oklahoma City April 27. KOCY will join Mutual and KTOK, which is now affiliated with both networks, will become a full time Blue outlet. Both stations operate on 250 watts. • • • Program News: E. I. duPont de Nemours has renewed "Cavalcade of America" for an additional 26 weeks over 55 NBC- Red stations, effective March 31. On that day it will move from Wednesdays to Mondays at 7 :30-8 P.M., the spot which will be made vacant by Burns & Allen after March 24. . . . Dorothy Thompson will discontinue her Sunday night commentary series over Mutual after March 30. . . . General Mills has renewed for 52 weeks the 2:15- 2:30 P.M. period Mondays through Fridays over 28 NBC-Red stations but beginning March 24 will substitute "The Mystery Man," dramatizations of famous mystery stories, for "Betty Crocker." . . . WABY, Albany, again will broadcast Eastern League baseball games in that city this season with Atlantic Refining and Wheaties sharing sponsorship. Sherb Herrick and Gren Rand will be at the microphone. . . . Art Metal Works will sponsor the Friday night period of "Paul Sullivan Reviews the News" over CBS. . . . WHN again will climax its hockey coverage with broadcasts of the Stanley Cup playoffs. • • • NBC will fly a group of its star performers to Washington to supply a show for the White House Correspondents Association annual dinner at the Willard Hotel tomorrow. Clarence L. Menser, national program director, will produce the show. Theatre Changes INTSC to Urge 375-Line Color For Television An increase in the number of lines from 343 to 375 for color television will be recommended as a standard by the National Television Systems Com- mittee to the FCC at the television hearing next Thursday, it was learned yesterday. This move follows the decision to increase the lines for black and white from 441 to 525 and brings color to within 66 lines of the exist- ing standard (441) for black and white. Tests Convince Experts Tests conducted since Jan. 27 when the NTSC rendered its first report to the FCC have convinced the engineers of the practicability of increasing the definition of the color picture. In January, FCC Chairman James L. Fly expressed great interest in the color system demonstrated by Dr. Peter C. Goldmark, CBS chief engineer for television, and asked for additional ex- periments. A final meeting of the NTSC will be held today for the purpose of edit- ing the recommendations which have been changed since January. The problem of synchronization has also been solved by a compromise just as in the case of the number of lines. Instead of insisting on the Radio Man- ufacturers Association standards which were approved in January, the NTSC will recommend three alternative sys- temSj the RMA, Dumont and Hazel- tine-Philco. By making all three standard and permitting the individual telecaster to decide which one he pre- fers, all factions will be satisfied. Present Receivers Adaptable This compromise was possible be- cause existing television receivers will operate regardless of which syn- chronizing pulse is transmitted. How- ever, there is a tacit understanding that all manufacturers will continue to manufacture receivers capable of all three pulses until one method is proved superior and adopted as a standard. Members of the NTSC be- lieve, it was said, that if the FCC adopts standards there will be suffi- cient experimentation with all three methods to make a final decision pos- sible in from three to six months. Action Against NBC, Winchell Dismissed N. Y. Supreme Court Justice Ed- ward B. McLaughlin yesterday dis- missed the $1,000,000 libel suit of Jo- seph Curran, as president of the Na- tional Maritime Union of America against Walter Winchell, RCA, NBC, The Daily Mirror, Inc., and the An- drew Jergens Co., with leave to amend the complaint. The plaintiff charges Winchell with broadcasting over WJZ that the union was subversive. Wakefield Vote Monday Washington, March 13. — The Sen- ate Interstate Commerce Committee today sent to the Senate a favorable report on the nomination of Ray C. Wakefield to the Federal Communica- tions Commission and his confirmation was placed on the calendar for action Monday. New Columbus Company Columbus, O., March 13. — The Pal- ace Amusement Co. has been incor- porated here by Mrs. Ethel Miles, Warren E. Insley and Elinore Strong to operate the 600-seat Palace, subse- quent run in downtown Dayton, O. Arthur A. Miller is president and Mrs. Miles secretary and treasurer. Both are associated in the Mid- West Book- ing Agency operating a circuit here formerly known as the Chesbrough Theatres. Thomas R. Young has been named manager of the Palace. To Renovate Newport House Newport, R. I., March 13. — The Strand here has closed for extensive alterations. Front of the house and all public rooms will be rebuilt, and the theatre will be reseated where necessary. It is part of the M. & P. circuit, and is managed by David Dugan. Open Michigan House Soon Detroit, March 13. — The new Bloomfield Theatre at Birmingham, near here, will be opened shortly. Seating 1,000, the house is owned by United Detroit Theatres. Malcolm Ross will be manager. Plans Connecticut House Waterbury, Conn., March 13. — Fred Quantrano of the Lido here, has re- ceived a permit to build a 700-seat theatre in Newington. Conn. Buys Dayton Suburban Dayton, O., March 13. — Manny Marcus, who operates the suburban Esquire here as well as theatres in Indianapolis and Ft. Wayne, Ind., has purchased the 900-seat Columbia, lo- cal subsequent run. Homer Guy, for- mer owner, will devote his entire time to the Mayfair, burlesque house which he has operated for some time. Add Nova Scotia Theatres St. John, N. B., March 13.— B. & L. Theatres here have added the Strand, Sydney; King's, Annapolis Royal, and Capitol, Shelbourne, all in Nova Scotia. Takes Pittsburgh House Pittsburgh, March 13. — The Mt. Oliver Amusement Co. soon will be- gin operation of a new theatre in the Shadyside neighborhood. The house, seating 800, was built by Aaron Ro- senzweig, an attorney, and associates. Buys Ontario Theatre Toronto, March 13. — William S. Woolf, manager of the Liberty The- atre at Amherstburg, Ont., for a num- ber of years, has purchased the the- atre, seating 412 persons, for $27,500 cash. Reopens Wisconsin House Sheboygan, Wis., March 13. — Wal- ter E. Hoffman, formerly of South Bend, Ind., has reopened the State Theatre here. FCC Approves 2 New FM Stations Washington, March 13. — The Federal Communications Commis- sion has granted construction permits for two new FM stations. The stations will be constructed by Gordon Gray, Winston-Salem, N. C, to operate on the 44,100-kilocycle channel to cover 69,400 square miles with a population of 4,346,000, ^t-X1 the Midland Broadcasting Co., ■ J sis City, Mo., to operate on 46^x1 kilocycles with 1,500 watts power. A construction permit also was granted Thomas J. Watson for a reg- ular broadcast station at Eridicott, N. Y., to operate on 1,420 kilocycles with 250 watts power, and applica- tions were approved to increase the power of Station KBIX, Muskogee, Okla., from 100 to 250 watts, and au- thorizing Station KFBC, Cheyenne, Wyo., to change frequency from 1,420 to 1,210 kilocycles and increase night power from 100 to 250 watts. Two Hearings Ordered The commission ordered hearings on the applications of the Triple Cities Broadcasting Co., Inc., for a new 1,420-kilocycle, 250-watt station at Binghamton, N. Y., and the Utica Observer Dispatch, Inc., for a 1,420- kilocycle, 250-watt station at Utica, N. Y. WHN, New York, has been granted permission to increase power from 5,000 watts day and 1,000 watts night, to 50,000 watts, with a change of frequency to 1,050 kilocycles. The FCC also authorized WLBZ, Bangor, Me., to increase its power from 500 watts night and 1,000 watts day to 5,000 watts full time, and WSIX, Nashville, to increase from 250 watts full time to 1,000 watts night and 5,000 watts day. Crosley' s 1940 Net Loss at $1,589,288 Cincinnati, March 13. — -The Cros- ley Corp., operating stations WLW, WSAI and short wave station WLWO, and manufacturing radio re- ceiving sets and other electrical appli- ances, showed a net loss of $1,589,288 in 1940, Powel Crosley, president, ad- vised stockholders in his annual state- ment. In 1939, the company had a net profit of $84,949. Net sales in 1940 were $16,915,349, compared with $16,- 051,076 in 1939. The 1940 loss was partially attrib- uted to reorganization program of per- sonnel, particularly in the manufactur- ing division, and the expenditure of considerable sums for manufacturing process changes, sales promotion plans and new designs of product, Crosley said. Time, Inc., Net $3,494,590 Time, Inc., producers of March of Time and publishers of Time, Life. Fortune and Architectural Forum, yes- terday reported net profit of $3,494,- 590 for 1940, or $14.80 a share on the common stock. This compares with $3,206,751, or $13.65 a share, in 1939. New Pact for Nugent Hollywood, March 13. — Frank Nu- gent, former l\Fezv York Times' film critic, has been given a one-year ex- tension of his writing contract by 20th Century-Fox. to the Picture Industry tion NO MOTION PICTURE DAILY First in and Impartial B" \ 49. NO. 52 NEW YORK, U.S.A., MONDAY, MARCH 17, 1941 TEN CENTS Television 'Go' Expected Next Week, for Fall FCC Ruling Anticipated On Flexible Basis Radio and theatre observers in New York believe that the FCC will approve commercialization of television to start in the fall, after its hearing on the subject on Thurs- day, but will set standards on a flexible basis, permitting continued experimentation to develop the field. The hearing is expected to last not more than two or three days. Meanwhile, the issue of vertical as opposed to horizontal polarization, one of the big problems in fixing standards last year, has been re- solved by a reportedly unanimous agreement on the horizontal method, members of the National Television (.Continued on page 8) Famous Players to Hold Meet in May Toronto, March 16. — Famous Play- ers Canadian Corp. is arranging to hold its annual convention of all theatre managers at Toronto ;n May before the expiration of the five-year contract of N. L. Nathanson, presi- dent, in June. The convention was cancelled last year because of the war. In previous years the annual meeting was held at the end of July. The early convention is linked by observers with recently disclosed re- ports that Nathanson will head a new circuit, Odeon Theatres of Canada. Ltd., which already has acquired 12 houses in Western Canada and one in Toronto and is reported to be nego- (Continued on page 5) Pathe Films Office In London Bombed London headquarters of Pathe Films, Ltd., were dam- aged by bombs during last week's air raids, according to word received in New York by William Cell, managing director of the company, who is here on a business visit. The extent of the damage was not reported. N. Y. Tax on Boxing Affects Fight Films Albany, March 16.— Attor- ney General John J. Bennett, Jr., has ruled that the state's five per cent tax on gross re- ceipts of boxing exhibitions within the state also applies to receipts on pictures of fights shown not only in New York State but in other states as well. FIRST ARBITRATION AWARD TO THEATRE 10 Firms Spending $5,000,000 on War And Defense Films The 10 leading production compa- nies are spending more than $5,000,- 000 on films based on war or defense stories, Joseph M. Schenck, 20th Century - Fox board c h ai rman, told reporters on Friday. Schenck said that the produc- tion plans, which include those of Republic and Monogram as well as the eight major companies, are part of the industry's pro- gram for cooper- ation with the Government for defense. The 10 companies, he said, (Continued on page 5) Joseph Schenck U. A. Fighting Anti 5 -Block Bill in Georgia United Artists is opposing enact- ment of the Georgia bill as well a; the Minnesota measure which would set aside the blocks-of-five pro- vision of the Federal consent de- cree and require distributors to offer their entire product with a 20 per cent cancellation privilege to the exhibitor. This is said to be because United Artists is obliged to sell the releases of its various pro- ducers separately, and the com- pany is described as viewing the exhibitor-sponsored bills to maintain block booking and selling as a threat to its estab- lished system, which might force it to withdraw from states adopting such legislation. Although not a party to the Fed- eral consent decree and actually op- posed to blocks-of-five selling itself, United Artists thus finds itself in the position of defending the decree against the two state measures to in- (Continued on page 4) Delaware Has Shows on Sunday After 200 Years Wilmixgtox, Del., March 16. — Gov. Walter W. Bacon on Friday signed the Richards "liberal Sunday"' law repealing Delaware's ancient blue laws and providing local option, thereby permitting film theatres to operate legally on the Sabbath for the first time in the 200-year history of the state. Film shows are permitted in incor- porated cities and towns between 12 o'clock noon and 6 P. M. and from 8 P. M. to midnight, where no local ordinances or rulings to the contrary exist. Exhibitors, however, for the (Continued on page 5) Joelson Takes Over Consolidated Circuit Julius Joelson, former New York and New England exhibitor, on Sat- urday took possession of the 18 the- atres owned by Consolidated Amuse- ment Enterprises. Neither Joelson nor Louis Nizer, attorney, who represented him in the deal, would disclose the purchase price. Laurence S. Bolognino, who has op- erated the theatres for the past 20 years, will operate a new theatre under construction at 19th Street and Eighth Avenue and will continue to buy and (Continued on page 5) Nashua, N.H., House Gets Product on 'Some Run' at Boston Hearing Boston, March 16. — An exhibi- tor was the victor in the first arbi- tration case to come to a decision since the system was instituted under the New York case Federal consent decree, in a 45-minute hear- ing here on Friday. The winner was Paulston, Inc., operator of the Park Theatre at Nashua, N. H.. which received an award for "some run" against Paramount, Warners, RKO and 20th Century-Fox. The four companies were ordered to offer the Park their releases up to July 31, 1942. The award does not state when the order becomes effective. Loew's, Inc., was eliminated as a re- spondent when it made a settle- ment with the complainant last week, as reported in Friday's Motion Picture Daily. The victory by Paulston, Inc., came exactly four weeks after its claim was (Continued on page 4) Omaha Meeting to Discuss Problems Omaha, March 16. — Industry rep- resentatives from all over the country will be invited to attend a one-day meeting here on April 22, sponsored by the Omaha Variety Club, for a discussion of problems of general in- dustry interest. Ed' Kuykendall, M. P. T. O. A. president, who was here late last week to aid with plans for the meeting, will be one of the speakers. Company ex- ecutives from New York will be in- vited to address the meeting. The tentative program discussed w ith Kuykendall by Albert Menden- (Continued on page 4) Army Fliers to See 'Wings' in Texas San Antonio, March 16. — Paramount's'T Wanted Wings" will be shown to the press and Army men at the post theatre at Randolph aviation field here Saturday. Kelly Field and Randolph Field are scheduled to supply no less than 250 planes for a gigantic show as part of the program. 2 Motion Picture Daily Monday, March 17, 194 New 7 -Year Pacts Voted 'U' Executives Wilmington", Del., March 16. — New seven-year contracts for seven Universal Pictures Co. executives were approved by the company's stock- holders at their annual meet- ing here Saturday by 231,427 shares of common stock, voted in person or by proxy, with 100 shares opposed. All retiring directors were re- elected. Harold Wilkes Rites Held; Was with Para. New Orleans, March 16. — Funeral services for Harold F. Wilkes, former Paramount Southern district manager, were held here yesterday. Wilkes, who was 48 years old, died of a chronic cardiac condition late last Thursday following a long illness. He had been on a leave of absence from Paramount since last April. He had been with Paramount since 1913 when he joined the company as a booker. He was executive manager for S. A. Lynch Enterprises, then New Orleans branch manager and, in 1939, was made Southern district manager. He is survived by a widow and two children. Report Col. Deal for English Production London, March 16. — Reports here indicate that Columbia will announce a British production deal, probably within a few days. Three companies are said to be involved in the deal, one of which is reported to be the new organization established by George Formby for the production of his own films. Hollywood, March 16. — Joseph Friedman, former managing director for Columbia in England, and now at the studio, admitted over the week- end that a deal is being negotiated by Columbia for British production, but declined to reveal further details. Brooklyn Theatre Is Fined as Tax Evader A fine of $250 was imposed on Monard Theatre Corp., operator of the Shubert, Herkimer St. and Broadway, Brooklyn, and another of $500 on Al- bert J. Mackler, president, by Judge Matthew T. Abruzzo in the Brooklyn Federal Court Friday. The imposition of the fines followed a plea of guilty two weeks ago to a charge of failure to turn over amusement taxes collected at the theatre. At the time of the guilty plea, the theatre agreed to pay $1,700 in collected taxes to the Gov- ernment. Augusta Mayor Will Sue Over 'Tobacco' Atlanta, March 16. — Mayor James M. Woodall of Augusta, Ga., has an- nounced intention of filing suit against 20th Century-Fox charging libel in the film "Tobacco Road." Charging that the film prejudiced the entire na- tion against Augusta, Woodall said he would ask damages of $500,000 and that the money would be used to build a needed farmers' market for Augusta. Personal Mention WILL H. HAYS returned to his office Friday from the Coast and Washington. • James Mulvey, Eastern represen- tative for Samuel Goldwyn, left on Friday for a Southern cruise on the George Washington. • W. C. Gehring, 20th Century-Fox Central division manager, returned from the Midwest over the weekend. • William K. Saxton, city manager for Loew's in Baltimore, who returned to his post recently after an operation, is ill with the grippe. • Sam Galanty, Mideast division manager for Columbia, has returned to his Washington headquarters from a tour of his territory. • Joseph McConville, foreign sales manager for Columbia, is in Florida. • Thomas Donaldson, M-G-M man- ager in Boston, has left for Florida. FRED KENT, attorney for the Sparks and Wilby & Kincey cir- cuits, was in New York at the week- end for Paramount home office con- ferences. • Frederick L. Herron, M.P.P.D.A. treasurer and foreign department head, will return today from a vacation in Arizona. • John N. Dillon, Los Angeles branch manager for 20th Century- Fox, is back at his post after a check- up at the Methodist Hospital there. • William M. James, former exhibi- tor in Columbus, O., is ill in Holly- wood, Fla., where he has been on va- cation. • Max Factor, manager of the Pio- neer Circuit in Des Moines, has left for a two-week vacation in Los An- geles with Mrs. Factor. • Harry Holdsburg, manager of the Tri-States Des Moines Theatre in Des Moines, is convalescing at home after a minor operation. Court Rules 'Carson* True, Frees Manager City Magistrate Joseph Ringel yes- terday dismissed a criminal libel case against Paul Murphy, manager of Loew's Ziegfeld Theatre, on the com- plaint of Captain John C. Fremont and Jesse Fremont, grandchildren of Gen- eral John C. Fremont. The com- plainants had charged the defendant with exhibiting the United Artists' film, "Kit Carson," which they claimed libelled the character of their grand- father by allegedly depicting him as a bigamist and as stupid and stubborn. The Magistrate ruled that the film fairly depicted Fremont's character after seeing it at a special screening. John Balaban Marks 25th Anniversary Chicago, March 16. — John Balaban, operating head of the Balaban & Katz theatres, observed his 25th anniversary in the business here yesterday. Bala- ban was felicitated by numerous friends during the day, including Oscar Doob, advertising and publicity director of Loew's theatres, and former B. & K. worker, who came here from New York for Balaban's anniversary. Spyros Skouras Is Due Here from Coast Spyros Skouras, head of National Theatres, and other executives of the circuit are expected here midweek from the Coast, where they held their annual meeting. Returning with Skouras will be William T. Powers, Milton Hossfeld, Irving Barry, Man- fred Lundgren, H. C. Cox, Aubrey Schenck, John Healy and Edward Zabel. Walker Rites Tomorrow Cincinnati, March 16. — Funeral services will be held here Tuesday afternoon for Stuart Walker, former Paramount producer-director, who died Thursday in Beverly Hills, Calif. Burial will be in the family lot at Spring Grove cemetery. Greater N. Y. Fund Makes Drive Film The Greater New York Fund has prepared a nine-minute film, "For the People," for exhibition in theatres during the forthcoming campaign. Al- though an appeal is made for funds, the audience is told to make contribu- tions through their employers. No ar- rangements have been made yet for distribution, which will be free to theatres. Raymond Massey is the commenta- tor. Scenes from institutions benefited by the Fund are shown. Prints are available in 16mm. for showing to or- ganizations and employe groups. Col. Posts Awards In Playdate Drive Columbia has posted special awards for division managers in the company's annual sales and playdate drive, termed the "Columbia Exhibitors Good Will Campaign," which ends May 30. Two prizes will be awarded to the division managers whose districts ac- complish the greatest percentage of improvement in billings at the con- clusion of the 13 weeks drive, as com- pared with their campaign quota. Al Vaughan Joining Small as Ad Head Hollywood, March 16. — Al Vaughan, publicity and advertising director for Sol Lesser, is resigning to take a similar position with Edward Small Productions, also releasing through United Artists. He will join Small March 24, after handling the preview and premiere of "That Uncertain Feel- ing," Ernst Lubitsch-Sol Lesser film. Injured in Ejecting Patrons, Gets Award Detroit, March 16. — The Michigan Supreme Court has ruled that six weeks' work- men's compensation should be paid to Lawrence Appleford, assistant manager of the Royal Oak Theatre, who was injured by persons he had ejected from the theatre. Club Honors UA Men Detroit, March 16.— Jack Gold- har, district manager for United Artists, and Morris Dudelson, Detroit branch manager, were honored last night by the local Variety Club at a United Artists Night program in the Hotel Book-Cadillac clubrooms. MacGowan Starts Amity Film Work Washington, March 16. — Kenneth MacGowan, 20th Century-Fox pro- ducer on leave of absence, will under- take at once an extensive program for the collection, distribution and, if neces- sary, production of non-theatrical films for exhibition in Latin America, as part of the hemisphere amity program of the United States government. This announcement was made over the weekend by Nelson Rockefeller, coordinator of commercial and cul- tural relations between the American Republics. MacGowan will be direc- tor of production under John Hay Whitney, chairman of the motion pic- tures section. The assembling and editing of the films will be done by the Museum of Modern Art in New York, which has in its files 13,000,000 feet of educa- tional films. Rockefeller said that this activity will be carried on simultaneously with the movement to encourage production of commercial films as a medium for promotion of better relations among the American republics, which is being conducted by Hollywood committees, headed by Y. Frank Freeman, presi- dent of the Producers' Association. Julian Street Appointed John Hay Whitney, president of the Museum of Modern Art, an- nounced over the weekend the resig- nation of Julian Street, Jr., as secre- tary of the Museum to work with the Nelson Rockefeller group. James Stewart to Army Hollywood, March 16. — James Stewart will become an Army private next Friday. His draft board set the date. He was deferred several months ago because he was under weight. MOTION PICTURE DAILY (Registered U. S. Patent Office) Published daily except Saturday, Sunday and holidays by Quigley Publishing Company. Inc., 1270 Sixth Avenue, Rockefeller Center. New York City. Telephone Circle 7-3100. Cable address, "Quigpubco, New York." Mar- tin Quigley, Editor-in-Chief and Publisher; Colvin Brown, Vice-President and General Manager; Watterson R. Rothacker, Vice- President; Sam Shain, Editor; Alfred L. Finestone, Managing Editor; James A. Cron, Advertising Manager; Chicago Bureau. 624 South Michigan Avenue, C. B. O'Neill. Manager; Hollywood Bureau, Postal Union Life Building, William R. Weaver, Editor; Leon Friedman, Manager; London Bureau. 4 Golden Square, London Wl; Hope Wil- liams, Manager, cable address "Quigpubco. London." All contents copyrighted 1941 bv Quigley Publishing Company, Inc. Other Quigley publications: Motion Picture Herald. Better Theatres, International Motion Pic- ture Almanac and Fame. Entered as second class matter, Sept. 23, 1938, at the post office at New York, N. Y., under the act of March 3, 1879. Subscription rates per year $6 in the Americas and $12 foreign. Single copies 10c. THESE ARE THE ADS THAT ARE SELLING ADAM HAD FOUR SONS" EVERYWHERE! thinq- \ is *e w*1'^^^ ***** t,o<""* of Hester, of the honeyed lips...Emitie..iandher fierce devotion ... Adam and his attractive sons . . . their loves and wars and amazing destiny . Based opon w "^GACY 'novel 1 ufchories Bonner g „ Rob..< s^X0„Ro»(l || PICTURE H BERGMAN BAXTER unfa • »™« • boSSmc • leva ■ siii . the Lafayette, BUFFALO • the Fox, DETROIT • fAe Earle and Amuassaaor (day and date) WASHINGTON • the Pantages and HILL St. (day and date) LOS ANGELES • the Lincoln, MIAMI BEACH .the Bijou, SPRINGFIELD, Mass. • the Malco, MEMPHIS , the Palace, YOUNGSTOWN /ft* Palace, CANTON 4 Motion Picture Daily Monday, March 17, 1941 Feature Reviews "Sleepers West" (20th Century -Fox) Hollywood, March 16 THE second in the series of melodramas based on the character of Michael Shayne, detective, moves briskly for most of its length, accel- erated in a measure by the device of staging most of the action aboard a westbound train making up time, slowing occasionally as characters sit down and talk. Having to do with the attempt of the detective to smuggle an important witness across country to 'Frisco, and with the attempts of the opposition to prevent him from doing so, the film rates as average for its kind and class. Lloyd Nolan plays the detective, Lynn Bari the newspaper reporter opposed to him by the plot but not by the romantic equation, Mary Beth Hughes the secret witness whose addiction to liquor upsets the detective's plans, Louis Jean Heydt an outsider caught up in the plot, Edward Brophy and Don Costello a pair of detectives whose paths cross Nolan's. At the end the purposes of justice have been served and the detective has made a date with the reporter to get some marrying done. The story contains no murders, but refers to one committed some time before it opens. There is a crash of the train into a truck, injuring the engineer, and a winging of one detective by another, no fatalties. Humor is handled by several Pullman porters. Eugene Forde directed for executive producer Sol Wurtzel. Running time, 74 minutes. "G."* Roscoe Williams "Free and Easy" (M-G-M) A 10- YEAR-OLD stage play by Ivor Novello, then known on the Broadway stage as "The Truth Game," this wholly inauspicious effort might better have been left on the Broadway stage — or anywhere else for that matter. It is in fact an inept screen concoction, which compels the doughty Metro lion to emit an entirely unaccustomed squeak instead of the usual roar. At the same time it takes the services of at least a half-dozn ex- tremely able performers, and causes them to appear to much less than good advantage, although they do their best with the material at hand. George Sidney's direction failed to provide the piece with sufficient movement, action or general excitement to overcome the handicap of a story which is essentially weak, basically and in execution. It concerns Robert Cummings, son of Nigel Bruce, both without funds and living by their social wits in English silk hat circles. Cummings is all set to marry the extremely wealthy and unattractive (in this film) Judith Anderson, when he falls in love with attractive, but poor, Ruth Hussey, widow. But when his father signs a check to pay a gambling debt, without money to cover it, Cummings does the noble thing, gets himself engaged to Miss Anderson to save his father, then tells her the truth and goes back to Miss Hussey. Running time, 56 minutes. "G."* Charles S. Aaronson First Award In Arbitration To Exhibitor {Continued from page 1) filed on Feb. 14. Benjamin Gold is general manager of the company. The Park seats 750. Arthur L. Brown, professor of law at Boston University, was the arbitra- tor. The hearing took place at the local American Arbitration Associa- tion office. Colonial Theatres, Inc., was also named in the complaint. The speed with which the case was arbitrated was considered impressive by observers in the trade here. Following a statement of the case by George S. Ryan, attorney for the complainant, Edward F. McLennonof the law firm of Nutter, McLennon & Fish, representing Paramount, War- ners and RKO, declared that he had no argument to present and his cli- ents would abide by the arbitrator's award. Charles Young of the New York law firm of Dwight, Harris, Koegel & Caskey, made a similar statement for 20th Century-Fox. No other evi- dence was presented by the distribu- tors. Arbitrator's Statement The arbitrator's statement of award reads : "In accordance with the consents filed with the arbitrator, I direct the distributors to offer their pictures for license to said Paulston, Inc., for ex- hibition at the Park Theatre to the extent of pictures released for exhi- bition up to July 31, 1942, inclusive, on a run to be designated by said dis- tributors, which are not calculated to defeat the purpose of Section 6 of the consent decree." Myers Sees Boston Outcome Encouraging Washington, March 16. — Abram F. Myers, chairman of the board of Allied States Association, made the following comment today on the first case to be arbitrated under the in- dustry's new system: "The satisfactory outcome of the first arbitration in Boston and the speed with which it was accom- plished should encourage exhibitors having just claims to file such pro- ceedings. I am gratified that the sys- tem got off to such a good start and congratulate all who participated for their fair attitude." Chicago Hearing Decision Due Soon Chicago, March 16. — A ruling on the "some run" arbitration complaint of the State, Morris, 111., against Loew's, first case to be heard by the local board here, will be handed down within the next few days by Charles Zane Hirikle, arbitrator, who pre- sided at the hearing yesterday. Loew's, it was learned at the hear- ing, had invited a settlement of the complaint prior to the hearing by of- fering "a run" for the State. How- ever, the offer was rejected by E. F. Vanderveer, owner of the theatre. Ed Lee of Loew's home office legal *"G" denotes general classification. staff represented the company at the hearing. Lee was permitted to put John Kemptgen and Sam Shirley of M-G-M's Chicago office on the stand in an at- tempt to show that third run had been offered Vanderveer, but the offer was refused. Both testified that it was against M-G-M's policy to sell second run in a town of about 5,000 but under the consent decree terms were forced to do so. Vanderveer had sought sec- ond run, but a contract had been signed with the Anderson circuit. Maryland Clearance Complaint Settled . Washington, March 16.-^The Charles Theatre of LaPlata, Md., yesterday withdrew its petition for arbitration of a clearance dispute with the five consenting companies follow- ing a settlement resulting from in- formal conferences among the parties involved. Terms of the settlement were not made known, but it is understood that an adjustment of clearance in favor of the Charles was agreed upon by the five companies and the Marlboro, Upper Marlboro, Md., operated by Sidney Lust, which was named in the complaint as having "unreasonable" clearance. 'Father' of Arbitration On First N. Y. Case Julius Henry Cohen, known as the "father" of arbitration, was selected on Friday as the arbitrator for the first complaint filed with the New York local board. No date has been set for a hearing, but it is expected to be the first case heard here. It in- volves clearance. The complaint is that of the Hilary Theatre, Brooklyn, against the five consenting companies and the Apollo, Brooklyn. Cohen, a prominent New York attorney, was the sponsor in 1920 of the New York State arbitra- tion act. U.A. Fighting Anti 5 -Block Bill in Georgia {Continued from page 1) validate the decree's sales provisions. The company sent Benjamin Pep- per of O'Brien, Driscoll & R? '|', New York counsel, to Atlanta - their allegedly anti-Com- rjbJlst viewpoint were "He f,ed for Breakfast" and >, "Ninotchka." 10 Firms Making Films on Defense British to Consider Joelson Takes Over Consolidated Circuit {Continued from page 1) oook for the Chelsea, Squire and vlorningside, which are not included n the deal. Joelson has renamed the circuit the C J. Theatres. They are the Bryant, Times, Arena and the Tivoli in Man- hattan, and the Earle, Kent, Luxor, Surrey, Mount Eden, Oxford, Jerome, \scot, Kingsbridge, Fleetwood, Ogden, Forum, Casino and Avalon in the Bronx. Headquarters will be main- tained by Joelson in the Bryant The- atre. Paul Josephs, a New Jersey exhibitor, has been appointed manager Df the circuit under Joelson, and Har- Dld Klein, former head booker and buyer for the Cocalis Circuit, has been given the same post with J. J. The- atres. He succeeds Al Suchman, who is reported to be joining National Screen Service. All film contracts of the Consoli- dated houses are being assumed by the new company. Joelson said there will be no radical changes in policy but that he believes a "new day for exhibi- tors has arrived with the consent de- cree, and that there is room for new methods of operation to fit the times." He formerly operated a circuit of 12 theatres here which he sold to Fox Metropolitan Playhouses in 1929. Thereafter, he formed a 17-theatre circuit in New England, which he sold to M. & P. Theatres of Boston. Strauss & Thanhauser were brokers in the deal, which was exclusively re- ported in Motion Picture Daily on Feb. 27. {Continued from page 1) have each agreed to produce at least one feature and one short subject hav- ing a military theme or content. The films will not sacrifice enter- tainment value to "messages," Schenck said, and many of them will be musi- cals. Productions either completed, in work or planned which are a part of the industry's cooperative program fol- low : Twentieth Century- Fox : "A Yank in the R.A.F.," "Flight Surgeon," "Nazi Ace in the U. S.," "Pearl of Pearl Harbor," and a series of shorts carrying out War Department suggestions. Columbia : "He's My Uncle," a Fred Astaire musical, and "Red, White and Blue." Monogram : "Navy Bound." Republic : "Rookies on Parade." M-G-M : "Flight Command," "Land of Liberty," "Our Flag" and a war feature not set yet. Paramount : "I Wanted Wings," "Caught in the Draft," "Little Miss Muffett," "Power Dive," "Forced Landing," and "Among the Living." RKO : "Army Surgeon," "Para- chute Squadron," two Harold Lloyd features, "A Girl, a Guy and a Gob" and "My Favorite Spy." United Artists: "Landfall," "Battle of Britain" and "The Eagle Squad- ron." Universal : "Buck Privates" and a sequel to that production. Warners : "Three Sons o' Guns," "The Tanks Are Coming," "Eagle Es- cadrille," "I've Got Your Number," "Bomb Shelter," "Navy Blues," "Mother's Boy," "Dive Bomber" and "Parachute Jumpers." U ptown, Detroit Hearing Tomorrow Detroit, March 16. — Universal, Warners and Columbia have agreed to grant clearance to the RKO Up- town here, counsel for the theatre dis- closed Friday as Circuit Judge Henry G. Nicol set Tuesday for trial of the Uptown's injunction suit against United Detroit Theatres and distributors. The Uptown seeks to restrain film companies from licensing United De- troit houses as second runs in alleged violation of its second run contracts. Paramount, United Artists and United Detroit Theatres, operator of the Royal, specifically named, remain defendants in the suit. Testimony of witnesses will be taken Tuesday. CoL Wins Time for Gov't Suit Answer The time for Columbia to file its answer to the Government's amended anti-trust complaint in U. S. District court here was extended to March 31 by a stipulation filed Friday. The original date was March 10. The ex- tension was granted because Schwartz & Frohlich, Columbia counsel, have been occupied with the settlement of the Government's litigation against Ascap, which the firm represents. Reserves Protest London, March 16. — It is under- stood the British Ministry of Labor officials have agreed that the protest of the film industry against the proposed change in the reserve occupations list- ings, as it affects the industry, merits consideration. It is contended by the Ministry that suitable machinery exists for taking care of any exemptions which may be deemed warranted. The industry, on the other hand, claims that such ma- chinery is too cumbersome in the pres- ent emergency, with 4,500 technical film employes involved. Union lead- ers ask that the status quo be main- tained on reserve listings, pending investigation and a final decision. Under the changes proposed to take effect April 1, projectionists' mini- mum reserve ages will be increased for projectionists, and various types studio technical employes, and it is ex- pected that at some future date, prob- ably in June or July, those groups also will be eliminated entirely from the lists of reserve occupations. Take New Orleans House New Orleans, March 16. — United Theatres, Inc., has taken over the Fa- mous Theatre here. Republic Sharing Canova with Para, Hollywood, March 16. — Judy Ca- nova, at one time under contract to Paramount, and more recently a Re- public player, has been signed by Paramount to star in one film annually for the next five years. Miss Canova is under contract to Republic for three pictures a year. She made two pic- tures for Paramount in 1937. Delaware Has First Shows on Sabbath (Continued from page 1) most part had no plans for immediate Sunday opening this weekend. Mayor J. Wallace Woodford of Dover, meanwhile, announced that he will call a special session of the city council next week to consider plans for a referendum on enforcement of the new law. The liberal statute was passed by the legislature March 7 after much controversy and a state-wide drive to enforce the old laws, characterized as a move to force their repeal. It gives town councils the power to regulate or prohibit any form of "worldly busi- ness" on Sunday, other than those mentioned in the law. In unincorporated districts, the statute specifically bans Sunday horse racing, public auctions, public dances, theatrical performances and film shows. They are permitted in incorporated areas within the specified hours unless prohibited by action of their councils or commissioners. Stipulations End Goldwyn U-A Suit Stipulations terminating the litiga- tion between Samuel Goldwyn and United Artists were filed in U. S. District court here Friday, following upon the recent purchase by the com- pany of Goldwyn's United Artists stock and the release of the producer from his distribution contract with the company. One stipulation terminated the Gold- wyn suit for a declaratory judgment invalidating his distribution contract, and the other ended an action which alleged that United Artists had not paid Goldwyn the full amount due him in 1939 under the company's producer bonus plan. LADY™* NEW ORLEANS A REPUBLIC PICTURE Famous Players to Hold Meet in May (Continued from page 1) tiating for others in various sections of the Dominion. Work has resumed on the house being built by the Odeon circuit in Kingston, Ont., after an apparent at- tempt to buy out the Biltmore, under construction by independent interests. Work had been halted on both houses during the negotiations. Plans Documentaries Edmund L. Dorfman, head of the American Institute of Motion Pic- tures, plans a series of documentary short subjects on American public opinion. j you John- JOHN WAYNE • ONA MUNSON RAY MIDDLETON- HENRY STEPHENSON HELEN WESTLEY • Bernard Vorhaus — Director = 6 Motion Picture Daily Monday, March 17, 1941 MOST ADVANCED TEXTBOOK ON MODERN SOUND REPRO- DUCTION AND PROJECTION SECOND REVISION SIXTH EDITION — SUPPLEMENTED WITH SOUND TROUBLE CHARTS and ALPHABETICAL INDEX ■ You will find this revised edition of F. H. Rich- ardson's Bluebook of Projection the most practical treatise of its kind and a sure solution to all the perplexing problems of projection room routine. Over 700 pages of up-to-the-minute text, diagrams and charts, this book is not only the greatest author- ity on sound reproduction and projection, but it is also a quick, certain trouble-shooter — a practical guide to swift repairs in any projection room emergency. ORDER THIS BOOK TODAY QUICLEY BOOKSHOP ROCKEFELLER CENTER, NEW YORK Critics9 Quotes ... "MEET JOHN DOE" (Capra-Warners) A great picture. The story is vitally arresting, as it has to do with the problems of the great masses of poor people; its presentation, under the mas- terful direction of Frank Capra, is full of surprise, not the least of which is its spiritual significance, and its acting is fine. — Kate Cameron, New York Daily News. A film which is eloquent with affection for gentle people, for the plain, un- impressive little people who want reassurance and faith. . . . We mus^'^rtily suggest you make his (John Doe's) acquaintance at once. — Bosley ( 'wither, j f Nezv York Times. A- ,| This film is, by far, his (Capra's) most impressive piece of work. . . it has terrific box-office appeal.- — Lee Mortimer, New York Daily Mirror. The full power of the screen is unleashed in Frank Capra's "Meet John Doe.". . . A vastly entertaining and moving film. — Howard Barnes, New York, Herald Tribune. Granting its faults, "Meet John Doe" is nevertheless one of the big and , important pictures of 1941. — Archer Winsten, New York Post. The finest film Frank Capra has ever made, bar none. — William Boehnel, New York World Telegram. Like all recent Capra films, it is made according to formula. The formula ; is good, the performances splendid, the direction sleek. The formula, how- ever, is beginning to show too clearly. — Eileen Creelman, New York Stm. The production is impressive, the performances are likeable and the dialogue is natural and, at times, deeply affecting. See "Meet John Doe." — Rose Pels- wick, New York Journal American. For an all-out glorious time at the movies, as well as a sugar-coated warn- ing against a technique of Fascism, "Meet John Doe." — Cecelia Ager, PM (New York). A patently symbolic story. ... If they (Capra and Riskin) come out in the black, as they seem likely to, they may film for Paramount Ernest Heming- way's novel, "For Whom the Bell Tolls." — Life. "CHEERS FOR MISS BISHOP" (Rowland-United Artists) In truth, I'm still sniffling and wiping my eyes. It's the result of one of the ; most intense vicarious emotional experiences of my life. . . . "Cheers for Miss Bishop," yes ; but three times three thousand cheers for Miss Scott in one of the great performances of all times. — Lee Mortimer, New York Daily Mirror. "Cheers for Miss Bishop" is bound to attract wide attention through Martha Scott's superb characterization of the Midwestern school teacher. It is one of the best star performances we have seen on the screen this year. — Kate Cameron, New York Daily News. An American feminine Mr. Chips is tenderly eulogized in "Cheers for Miss Bishop." It is a human and gentle document, full of honest atmosphere and sentiment. ... A notable addition to the screen's more serious contemplation of our roots, customs and ideals. — Howard Barnes, New York Herald Trib- une. What "Goodbye, Mr. Chips" was to the English school for boys, "Cheers for Miss Bishop" tries to be to a small American university in the Midwest. Mr. Chips came off rather better in the competition. — Archer Winsten, Neiu York Post. Secures a firm hold on the spectator's affection*. "Cheers for Miss Bishop" is a picture with a heart, with warmth and that rare thing in -motion pictures, with the strength of sincerity. — Eileen Creelman, New York Sum. I think "Cheers for Miss Bishop" is one of the most compelling films of the season. . . . Martha Scott distinguishes herself with her sincere and delicate performance. — William Boehnel, New York World-Telegram. "THAT NIGHT IN RIO" (20th Century-Fox) The perfect picture, not only for the tired business man but for the rest of the world who need entertainment in these depressing days. ... I think Darryl Zanuck can well be satisfied with this musical for it will bring the shekel^ into the box-office. — Louella 0. Parsons, Los Angeles Examiner. Gay and amusing, tuneful and very pleasing to the eye . . . belongs in the class of nice, light spring entertainment. — Virginia Wright, Los Angeles News. The whole thing lacks sparkle, zest and invention. However, there are several good songs and some of the dancing strikes a fresh note. — William Boehnel, New York World Telegram. Pretentiously dull entertainment ... a big, boring spectacle that owes next , to nothing to Rio and little enough to beguiling showmanship. — Howard Barnes, New York Herald Tribune. J Has one of the gayest, silliest plots of the season . . . embraces several grand, lilting tunes. . . . The pace of the film is satisfactory after recovering from a halting, faltering start. — Lee Mortimer, New York Daily Mirror. "THE LADY EVE" (Paramount) One of the most delightful farces to liven the screen in a long time. — Newsweek. Writer-Director Preston Sturges' third straight comedy hit. It displays a complete set of highly original box-office wiles from the opening moment. — Time. 2600 years ago Democracy was born in Greece. For 2600 years the Greeks have kept its flame alive. Today they are fight- ing to preserve it. Democracy must not die. They want it to live and grow— as much as we do. That's why we must not let them down. We must give them the allies they so desperately need; the pennies, dimes and dollars which are as important as soldiers. Adolph Zukor has called upon us in the Amusement Industry to rally to the support of the women and children of Greece— to help — as best we can — the husbands and fathers who are so gallantly struggling. We are therefore asking for every exhibitor's cooperation in staging special midnight shows, and in making theatre and lobby collections. The campaign is on at this moment and will reach its peak with Greek War Relief Week, March 25th -30th. As National Chairman of the Distributors' Committee, I earn- estly request the aid of our entire Industry. Today — right now — get in touch with any branch manager or film salesman. He'll tell you what you can do to help. Remember, the Greeks' fight is our fight! Chairman, Distributors' Committee, Greek War Relief Association. 8 Motion Picture daily Monday, March 17, 194 Off the Antenna GENERAL ELECTRIC has developed a mercury type of television flood- light which produces daylight illumination without the extreme heat created by the large number of incandescent lamps previously required, A. F. Dickerson, lighting division manager, announced over the weekend. The heat from the new lights is only one-fourth of the incandescents, it was said, and over 50 per cent of this reduced heat is carried away by water cooling. The lamps can be moved by remote control to follow the movements of performers. • • • Purely Personal: Louis A. Mindling has joined Columbia Artists aw as- sistant to Herbert I. Rosenthal, executive vice-president. . . . Mary Margaret McBride, heard over CBS, is doing a background series on radio programs during her 3 P.M. period. On Wednesday she will tell about "The Battle of the Sexes," a quiz show heard on NBC-Red. . . . Theodore Granik and Mau- rice C. Dreicer, who individually have arranged many forums for radio, have organised the Forum Service. • • • Radio executives and performers have received an appeal from the American Committee for the Defense of British Homes asking for con- tributions of stop watches for blitzkrieg roof spotters. The watches are used to measure the speed of oncoming Nazi aircraft. • • • Program News: Amos 'n' Andy will celebrate their 13th anniversary on the air Wednesday. They are now heard on CBS for Campbell's Soup. . . . Glenn Miller's CBS "Moonlight Serenade" will originate from Hollywood be- ginning March 25. . . . Tommy Riggs and his "Betty Lou" character return to the air April 17 on NBC Pacific Red network. He will be heard Fridays at 9 :30 P.M., PST, sponsored by P. Lorillard Co. . . . Major Bowes will note his seventh anniversary in radio Thursday over CBS. . . . Wythe Williams' pro- gram over 99 Mutual stations has been renewed for 13 weeks by American Safety Razor Co. . . . Feewamint has renewed "Double or Nothing" on 117 Mutual stations. • • • Dick Hogue, WHN announcer, was given a farewell party by the sta- tion Thursday night on the eve of his induction in the Army. The follow- ing day he returned to work — rejected by Army physicians. Television 'Go' Expected Next Week, for Fall (Continued from page 1) System Committee reported over the weekend. The N.T.S.C. at the FCC hear- ing will recommend definite standards, except in the case of the synchronizing pulse, while the Allen B. DuMont Laboratories will submit a minority demand for permission to all broadcasters to select their own standards and permit the public to decide which method is superior. Television interests are expected to oppose two major points in the FCC rules at the hearing. These are the requirement for minimum operation of five hours daily, except Sunday, and the limitation of three stations which may be owned by any one company or individual. The five-hour requirement is ex- pected to find opposition on the ground that telecasters, by judiciously dividing the time, can provide all the television entertainment which the public can be expected to absorb. As for the three-station maximum, it probably will be opposed on the ground that it will interfere with eco- nomical network operation. The huge cost of television programing is re- garded by television officials as making network operation a virtual necessity. The agreement on polarization rep- resents the third troublesome point eliminated in recent weeks. The others were disposed of by agreement on 525 lines for black and white and 375 for color, and the decision to stand- ardize all three opposing synchroni- zation methods. Vertical polarization was favored by its proponents because a vertical aerial is easier and cheaper to install. However, the introduction of FM this year has altered the situation. FM operates on a horizontal basis and if television were to operate with verti- cal polarization two aerials would be needed instead of one. The agreement eliminates this duplication. Bill on Television Theatres in Ohio Columbus, O., March 16. — Thea- tres showing television will come under the jurisdiction of the Depart- ment of Workshops and Factories under the terms of a bill introduced by Representative Ford at the request of P. J. Wood, secretary of the I.T.O. of Ohio. The bill has been approved by the House and awaits Senate action. Therese Wright Signed Therese Wright of the New York stage cast of "Life With Father" has been signed by Samuel Goldwyn for a role in "The Little Foxes," which he will produce. Miss Wright will leave for the Coast about the middle of April. I. A. to Represent Locals at Hearing Hollywood, March 16. — The I.A.- T.S.E. will represent studio locals at the wages and hours hearing scheduled March 25 for Los Angeles, according to a statement sent the producers' labor relations committee on Friday by George E. Browne, I.A.T.S.E. president. Brown said the decision was due to the repeated requests of the Holly- wood locals. Joseph Padway, counsel, will represent the Alliance. Meanwhile, the producers' commit- tee announced that employment con- ditions of all I.A.T.S.E. classifications which were changed on Friday as a result of tentative exemptions by the wages and hours administrator will revert to their former status tomorrow pending final determination. Oregon Kills Bill to Make Games Legal Salem, Ore., March 16. — A Senate measure redefining the state lottery law to legalize chance games in thea- tres and other places was killed by indefinite postponement late last week when the House adopted a "do not pass" report of its judiciary com- mittee. The measure would have legalized drawings and contests gen- erally when no extra consideration was charged. Canada Firm Reorganized Toronto, March 16. — Colonial Pic- tures, Ltd., of Toronto has been re- organized for Canadian distribution of Alliance films. Mrs. Joshua Smith, owner oi the Avenue and Pylon the- atres, is secretary and treasurer, and her son, Jay L. Smith, general man- ager. N.Y. Measure Would Tax Gross Incomes Albany, March 16. — A bill giving cities permission to impose one-tenth of one per cent gross tax on income has been introduced in the Legislature by Assemblyman Abbott Low Moffat and Senator Walter J. Mahoney. The measure is similar to the authority New York City possesses, but of a turnover rather than a sales tax nature. The vending machine tax bill intro- duced late last week by Senator Edward Coughlin provides specific ex- emptions for admission turnstiles, which would not be subject to tax. Assemblyman Harold B. Ostertag on Friday introduced a bill amending the labor law and repealing part of the general business law in intended changes in the licensing and regulation of fee-charging employment agencies. GeorgiaHouse Passes Bill to Change Time Atlanta, March 16.— The lower house of the Georgia legislature has passed a reconsidered bill which will place the state on Eastern standard time. _ Atlanta is now on Central standard time with daylight saving time in the Summer months. Two-thirds of the state is on Eastern time. Some oppo- sition to the bill in past years has been made by theatre operators. The bill now goes to the Senate where favorable action is expected. The House killed the bill earlier in the session. Metro Buys 'Pulham' Hollywood, March 16.— M-G-M has purchased screen rights to "H.M. Pulham, Esquire," new novel by J. P. Marquand. It originally was published as a serial in McCall's Magazine. FCC Warns of Private Deals On Frequency — Washington, March 16.— Broadcasters were warned by the FCC Friday that they must no attempt to deal directly f'A th owners of stations in neig^wrin;. countries or with officials of thoss countries on matters having to dd with the allocation of frequencies. The warning was the result of reports that some broad- casters were discussing propo- sals for changes of frequencies with broadcasters in Canada, Cuba or Mexico to eliminate interference. The FCC pointed out that privat< negotiations might prove embarrass ing to the U. S. Government anc might jeopardize any internationa negotiations in progress. All nego tiations, it said, should be conductec through official sources and the mat ter should be presented to the FCC which would make appropriate rep- resentations through diplomatic chan- nels if required. It was explained that the cautioi relates only to frequencies and has no effect on negotiations concerning the exchange of programs among the various countries. Connecticut Station Approved by F.C.C Washington, March 16.— A con- struction permit for a new 1,370- kilocycle, 250-watt broadcasting sta- tion at Stamford, Conn., has been is- sued to Stephen R. Rintoul by the Federal Communications Commission The commission also ordered a, hearing on the application of the Piedmont Publishing Co., Winston Salem, N. C, for a construction per- mit for an FM station on 46,700 kilo- cycles, to cover 4,600 square miles. Ruppel in Hollywood On Publicity Plans Hollywood, March 16. — Louis Rup- pel, director of publicity for CBS, is scheduled to arrive here tomorrow for a week of conferences on West Coast publicity plans for the network. He will meet with Hal Rorke, head of the publicity department here, and other CBS executives. Ruppel will be tendered a press luncheon Wednesday. New Madison Transmitter Madison, Wis., March 16. — Con- struction of a new transmitter for WIBA will be started within the next few weeks on a 20-acre site, station officials said over the weekend. WIBA recently received permission to in- crease its power from 1,000 to 5,000 watts. Roland Young Here Roland Young, who has the title role in "Topper Returns," Hal Roach production released by United Art- ists, is in town for a brief vacation before returning to the Coast for an- other picture assignment. He is ex-j pected to leave here next Saturday. Alert, to the lotion Picture Industry MOTION PICTURE DAILY First In 49. NO. 53 NEW YORK. U.S.A., TUESDAY. MARCH 18. 1941 TEN CENTS British Gov't Asks Industry Realignment Requests Trade Study to Revamp Methods By AUBREY FLANAGAN London, March 17. — The British Board of Trade, official Government agency, has requested the Cinemato- graph Exhibitors Association and the Kinematograph Renters Society (distributors) to consider overhaul- ing jointly the whole physical proc- ess of the distribution and exhibi- tion of British films. The effect of such a revision of the method of handling distribution and exhibition of films here as is appar- ently proposed, on American compa- nies, is not immediately evident, ac- cording to observers. It appears that if the Gov- ernment aim is to increase the availability of product to Eng- lish independent houses, there should be increased induce- ment to American companies to produce in this country, or to provide product. This may be especially true, it is said, if the revision by the English Government should involve changes in (Continued on page 4) Hold Quigley Awards Presentation Today Hollywood, March 17. — E. C. Cal- low of Warners' Philadelphia The- atres and J. R. Wheeler, manager of Great States' Granada Theatre, South Bend, Ind., winners of the 1940 sil- ver and bronze plaques, respectively, awarded by Managers' Round Table of Motion Picture Herald, will re- ceive their awards in a presentation ceremony here tomorrow. The awards will be made formally at a luncheon at the Beverly- Wilshire Hotel, with Walter Wanger, president (Continued on page 4) Ask Censor Unit For San Antonio San Antonio, March 17. — A petition presented to the City Council asks enactment of an ordinance providing a local censor board for all amuse- ments. The petition urges a board of nine members, with not more than three nor less than one to be paid. BVay Box-Office Improves; $48,500 For 4Doe' in 5 Days The wake of the surprise storm which took a heavy toll of life in the West and Northwest on Sunday blew into New York yesterday, accompanied by a sharp drop in temperature which did not help business. The cold is ex- pected to continue. Good weather helped improve grosses at Broadway film theatres over the weekend. Practically all of the houses showed to larger Saturday and Sunday business than the previ- ous weekend, when the local area was ripped by a blizzard. Some of the theatres also claimed to have benefited yesterday by the huge St. Patrick's Day parade on Fifth Avenue. Marchers and watch- ers alike are described as filling the theatres yesterday at the conclusion of the exercises, in which about 25,000 participated, with the spectators esti- mated at more than 100,000. "Meet John Doe," being shown at the Rivoli and Hollywood theatres, grossed about $48,500 on its first five {Continued on page 6) Herron Is Called For Duty with Army Frederick L. Herron, treasurer and head of the M.P.P.D.A. foreign de- partment, will report for duty today at the Adjutant General's office in Washington. He is a lieutenant col- onel in the regular Army reserve. No successor to Herron has been named and" it is believed likely that action in this regard will await the annual meeting of the M.P.P.D.A. board on March 31. Theatres Shelter Blizzard Victims Minneapolis, March 17. — Many theatres throughout North Dakota and Minnesota remained open all night to ac- commodate stranded patrons when a sudden blizzard whip- ped through the area over the weekend. Some of the houses served coffee and doughnuts. Among them were: the Grand, Crookston. Minn.; Forks, Paramount and Dako- ta, Grand Fords, N. D.: Far- go, State and Grand. Fargo. N. D., and Gem, Hillsboro, N. D. Five New Cases In Arbitration; Two in Albany Five new arbitration complaints were filed yesterday. Two were brought in Albany on clearance, naming the Schine Circuit ; two in Minneapolis over inability to obtain "some run," and one in St. Louis on clearance. David Gillman. operator of the Gaiety, Minneapolis, filed both com- plaints with the local board there. In the first he asked some run from 20th Century-Fox and in the second some run from Paramount. Papayanakos Files Two Complaints in Albany Albany, March 17. — Two arbitra- tion complaints, the first for the local board here, were filed today by Alex (Continued on page 4) U. S. Drops 'Big 5' from Schine Anti-Trust Suit Buffalo, March 17. — Federal Judge John Knight today granted the Gov- ernment's motion to dismiss the "Big 5" consenting companies from the Federal anti-trust suit against the Schine Circuit and distributors pend- ing in U. S. District court here. Thomas Penney, Jr., local attorney for the Schine interests, said following the hearing that no word has been re- ceived as to whether or not the Gov- ernment intends to proceed against the circuit or has come to an agreement with it on a consent decree. Department of Justice officials in Washington last week said that it {Continued on page 6) Mrs. Hal Roach Dies; Services Tomorrow Hollywood, March 17. — Funeral services will be held Wednesday morning for Mrs. Hal Roach, wife of Hal Roach, who died early this morning at Good Samaritan Hospital of pneumonia. The service will be held at the Church of Good Shepherd in Beverly Hills. Mrs. Roach was taken ill about a week ago, on her return from vaca- tion in Honolulu. The couple had two children. Margaret, 19. and Hal, Jr., 99 RKO Releasing 'Citizen Kane' Trade Hears Announcement Expected Within Few Days RKO will release "Citizen Kane," it was reported in high trade circles yesterday. The distribution terms under which the picture will be offered to exhibitors, how- ever, have not been revealed. It is reported that the company will make its first official ex- pression public- ly in regard to the film within the next few- days. There have _ . , been many re- George Schaefer , , ports published that RKO might shelve the film, but the com- pany officially has not stated its in- tention, so far, one way or the other. George J. Schaefer, president of the company, with others of the firm's (Continued on page 4) Universal Officers Are All Reelected All officers of Universal Pictures Co., Inc., were reelected at an organ- ization meeting of the board of di- rectors held at the home office yes- terdav. Officers are : J. Cheever Cowdin. chairman ; Nate J. Blumberg, presi- dent; Charles D. Prutzman. W A. Scully, J. H. Seidelman, Cliff Work and Matthew J. Fox, vice-presidents ; Samuel Machnovitch, treasurer and assistant secretary ; Peyton Gibson, secretary: Eugene F. Walsh and Harold Brewster, assistant treasurers, and Edward Muhl. assistant secretarv. In Today's Issue Five reviews: "Inspector Hornleigh Goes to It," "The Ghost Train," both from Lon- don, Page 4; "Double Date," "Chamber of Horrors," "The Mad Emperor," Page 5. Short subject reviews, Page 6. Late Coast flashes, Page 2. 2 Motion Picture Daily Tuesday, March 18, 1941 Canada's War Film Cost Was $70,000 Toronto, March 17. — The Canadian Director of Public Information, in charge of the dissemination of official war propaganda, spent $70,000 for motion pictures during the six months ending last De- cember, according to official announcement. The prints, which were produced by private companies and Gov- ernment technicians for re- lease through the National Film Board, were made avail- able to theatres on a rental basis as well as to non-thea- trical organizations. Personal Mention Para. Session Here On Selling of 'Wings9 Paramount district managers will meet with home office executives at the Waldorf-Astoria Hotel here March 27 to discuss promotion and exploitation plans for "I Wanted Wings," Neil F. Agnew, general sales manager, announced yesterday. The men will attend the opening of the film at the Astor Theatre the night before. District managers who will attend are: William E. Erbb, Boston; Harry H. Goldstein, Cleveland; E. W. Swei- gert, Philadelphia; Allen Usher, Chi- cago ; R. C. LiBeau, Kansas City ; Hugh Braly, Los Angeles ; Hugh Owen, Dallas; J. F. Kirby, Atlanta, and Dell Goodman, Canada. The new Denver district manager, whose name will be announced shortly, and M. S. Kusell, New York district manager, will also take part in the meeting. SIDNEY R. KENT, president of 20th Century-Fox, leaves for the South tomorrow. • A. W. Smith, Jr., RKO sales man- ager, returned yesterday from a tour of several Southern branches. • William Wobber, brother of Her- man Wobber, 20th Century-Fox dis- tribution chief, has been elected presi- dent of the San Francisco Board of Police Commissioners. • Charles Kessnich, district mana- ger for M-G-M in Atlanta, has re- turned from Florida. • Henry Nasser, manager of the Royal, San Francisco, has been elect- ed president of the Polk- Van Ness- Larkin District Merchants Associa- tion there. • Toby Ross, manager of Schine's Elmwood in Penn Yan, N. Y., has been cited by the local American Legion for community service. • Don Hancock, Douglas Roth- acker, Hortense Schorr, Maurice Freeman, Charles Bonn, Walter Futter and Milton Silver having lunch yesterday at the Tavern. • Jack Kerfoot of the 20th Century- Fox publicity department and Mae McNally have announced their en- gagement. • Ruth Calechman, daughter of Barney Calechman of the Howard Theatre, New Haven, has become en- gaged to Lieut. Cyrus Stephson of New Haven. 'Chins Up' Rowland's Next Film for U. A. Chicago, March 17. — "Chins Up,' will be the title of one of Richard Rowland's newly contemplated pro- ductions for United Artists release the producer stated on his arrival here en route to New York to confer with Maurice Silverstone, UA. chief tain. The picture will have a British background. Boris Morros, Paramount pro ducer, was on the same train. Morros expects to return to the Coast about May 19 to start on a new musical film, "Tales of Manhattan." While in Chicago, Morros visited John Bala- ban, B. & K. chieftain, and Maurice Leonard. Leaves Canada Circuit St. John, N. B., March 17.— Arthur A. Fielding, for 16 years gen- eral manager of the F. G. Spencer Co., operating 21 Canadian theatres, leaves that circuit next month. Fred G. Spencer, president, has named his son, F. Gordon Spencer, to succeed Fielding, who plans his own circuit. Seltzer Joins AMPP Hollywood, March 1 7. — Frank Seltzer, has resigned as publicity di- rector for Hal Roach to join the As- sociation of Motion Picture Producers as assistant to Jock Lawrence, who is assistant to Y. Frank Freeman, as- sociation president. COL. WILLIAM J. DONOVAN is scheduled to arrive by Clipper this morning from Europe. • Tom Connors, George Skouras, Sam Shain, Elliot J anew ay, Toby Gruen, Owen Davis, Charles E. McCarthy, Max A. Cohen, Ed- ward Saunders, Morris Kinzler, Max Dreyfus, Richard Rodgers, Lou Dreyfus, John W. Hicks, George Weltner and Russel Hol- man lunching yesterday at Nick's Hunting Room in the Astor. • Barney Balaban, Adolph Zukor, Arthur Loew, Sidney Phillips, Vincent Trotta, Lee Shubert, Mort Spring, Laudy Lawrence at Sardi's yesterday for lunch. • Hal Horne, George Burns, Charles Stern, Clarence Eiseman, Fredric March and Florence Eld- ridge having lunch at Lindy's (51st St.) yesterday. • Emanuel Silverstone, Ben Ber- nie, Monroe Greenthal and Sey- mour Poe lunching at Lindy's (next to the Rivoli) yesterday. • Harry Haynes, Jr., Universal ex- change booker in St. Louis, will be inducted in the Army this week. • William Wyler arrived in New York yesterday from the Coast. Lillian Hellman has returned from Washington. • W. M. Horne of RKO has return- ed from a two-week Caribbean cruise. 800 Special Shows In Greek Campaign Late News Flashes from the Coast Hollywood, March 17 HERMAN WOBBER, 20th Century-Fox director of distribution, arriving today from the East, said that the company is enjoying its biggest three months' business in years for the present quarter. Wobber said he found general theatre attendance increasing strongly during his tour of exchanges en route to the Coast. "The public wants music and comedy in its film enter- tainment, and the producers are hitting the keys of public taste," he declared. • • Six international labor unions in the studio basic agreement today filed through Francis Carothers, secretary of Motion Picture Internationals' Com- mittee, written notices of protest before the wages and hours division over reclassifications affecting workers in key positions and other changes. Involved in the protest are teamsters, electrical workers, carpenters, musicians, laborers and plasterers. Other subjects of discussion will be distant location rates and conditions long since established by contractual agreement dating back as far as 1928. Having accumulated $800,000 in its building fund, the Motion Picture Relief Fund today announced completion of negotiations for the purchase of property for erection of a new rest home. It will be located near the town of Calabasas, immediately east of Warner Brothers' ranch on the south side of Ventura Blvd. William Pereira, Paramount studio architect, has volun- teered his services in designing the building and is at work on the plans in cooperation with the Screen Set Designers Guild. The fund has been acquired through proceeds of the Gulf Oil Co.'s Screen Guild radio show. Frank Lloyd, producing for Universal release, today purchased "River Lady," unpublished novel by Houston Branch. He is reported to have paid $50,000 for the story. • • Another acquisition was by Republic, which announced it paid $17,500 for "Mercy Island," a novel by Theodore Pratt. John Wayne will be starred in it. A camera crew will leave shortly for Florida to make background shots. • • M-G-M today signed Roy Del Ruth to a term contract as director. He formerly was with the company in the same capacity. More than 800 theatres will hold midnight benefit performances during Greek War Relief Week, from March 25 to 30, according to Gradwell L. Sears, chairman of the distributors committee, and John H. Harris, chair- man of the exhibitors committee. It is expected that more than 6,000 the- atres through the country will r "~- ticipate in the drive. I t'le Detroit will stage one of the m'Lt benefits at the Fox Theatre March 24, with tickets scaled to a $5 top. De- troit city officials are cooperating. More than 400 theatres in the Phila- delphia area pledged aid to the drive, following a meeting at the Bellevue Stratford Hotel late last week. * Ap- proximately 35 theatres in that area will hold special benefit shows. Cleve- land will stage two benefits March 26, at Loew's State and the RKO Palace. More than 100 houses in the Atlanta area are scheduled to hold midnight shows. Montana ITO Names Moore as President Butte, Mont., March 17. — Joseph B. Moore of Havre, Mont., has been elected president of the I. T. O. of Montana. Other officers are : Jack Sauckstorff , vice-president ; Herbert Bonifas, secretary-treasurer. Direc- tors are Lloyd Sissel, Jens Hansen, B. F. Soutter, Frank Faust, Rex Flynn and Clarence Severson. The organization will meet at Billings, Mont., on May 15. Helprin Returns to Position with Korda Morris Helprin, who has been on a six-month leave of absence from his duties with Alexander Korda, re- sumes his post with the Korda organi- zation today. Helprin has been en- gaged in legitimate production during his leave of absence. Indiana Exhibitor Dies Mitchell, Ind., March 17. — Lowell T. Moore, 46, owner and operator of the Orpheum Theatre here, died at his home Sunday night of heart disease He was chairman of a local drive to care for Ohio River flood refugees in 1937. MOTION PICTURE DAI LY (Registered U. S. Patent Office) Published daily except Saturday, Sunday and holidays by Quigley Publishing Company, Inc., 1270 Sixth Avenue, Rockefeller Center, New York City. Telephone Circle 7-3100. Cable address, "Quigpubco, New York." Mar- tin Quigley, Editor-in-Chief and Publisher; Colvin Brown, Vice-President and General Manager; Watterson R. Rothacker, Vice- President; Sam Shain, Editor; Alfred L. Finestone, Managing Editor; James A. Cron, Advertising Manager; Chicago Bureau, 624 South Michigan Avenue, C. B. O'Neill, Manager; Hollywood Bureau, Postal Union Life Building, William R. Weaver, Editor; Leon Friedman, Manager; London Bureau, 4 Golden Square, London Wl; Hope Wil- liams, Manager, cable address "Quigpubco. London." All contents copyrighted 1941 by Quigley Publishing Company, Inc. Other Quigley publications: Motion Picture Herald, Better Theatres, International Motion Pic- ture Almanac and Fame. Entered as second class matter, Sept. 23, 1938, at the post office at New York, N. Y., under the act of March 3, 1879. _ Subscription rates per year $6 in the Americas and $12 foreign. Single copies 10c. with EDWARD ELLIS „IU« f ORD • WARD BOND • HAROIO HUBER GRANACH A REPUBLIC PICTURE _ JOHN H. AUER-««c»or 4 Motion Picture Daily Tuesday, March 18, 1941 London Reviews "The Ghost Train" (Gainsborough-G. F. D.) London, March 5 (By Mail) D ROB ABLE radio favorite number one in wartime Britain is pint- •*■ sized Arthur "Big Hearted" Askey. Not the least popular mystery play is Arnold Ridley's "The Ghost Train," already filmed more than once. The blending of these two sound entertainment factors has re- sulted in a film likely to break blitz records in Britain. It would be a good film with anyone. With the irresistible comedy leprechaun Askey it is what is known in darts-playing circles as a "double top." The story concerns a ghost train which the villagers in a remote cor- ner of Cornwall believe runs through the junction. A modern twist is given the drama by the discovery that there is such a train, used by Fifth Column gun runners. The whole yarn is set in the deserted railroad station of Fal Vale and revolves around the reactions of some stranded passengers — and ultimately the train, and its origins. It is a mystery yarn of course, and Walter Forde, director, has put plenty of suspense and eerie atmosphere into it. But it is an Askey film, and the treatment is 85 per cent comedy with the mercurial gnome gagging, cavorting, leg- pulling and occupying the spotlight practically the whole time. Askey 's teamster, Richard Murdoch, does an excellent job as a suave and polished foil. Kathleen Harrison's portrayal of a spinster who even- tually falls victim to the brandy bottle is another distinct asset. Running time, 83 minutes. "A."* Aubrey Flanagan *"A" denotes adult classification. "Inspector Hornleigh Goes to It" (Gainsborough-G. F. D.) London, March 5 (By Mail) D REVIOUS adventures of Inspector Hornleigh, whose fame was born *■ on the radio, have been immensely popular with the bread and but- ter audience, certainly because of the excellent team work of Cockney Gordon Harker as the Inspector and Scots Alistair Sim as his blunder- ing Sergeant Bingham. A like popularity is assured for this new adven- ture which upholds the production and comedy standards set by its predecessors. This time the sleuths sent to cover a robbery in the 1941 Army, tumble on a Fifth Column network, and discover in a dental surgeon a danger- ous spy, and in his "patients" a chain of sinister associates. The busi- ness of linking up the clues is well done, and the climax aboard a mail train has plenty of crisp and crackling action. The treatment, however, is for the most part comedy, with the conflict between the acidulous Cockney and the dour Scot exploited to the full. Harker's po^e as a history master in an evacuated school and Sim's compulsion to act as dentist to a determined client are the best episodes in the picture. It is not necessarily Harker who gets all the laughs. Photography and cutting are competent and the script work leaves no room for criticism. Walter Forde's direction is as sound with the drama as it is with the fun. Running time, 87 minutes. "G."* Aubrey Flanagan RKO Releasing 'Citizen Kane' Trade Hears (Continued from page 1) executives have been studying the "Citizen Kane" situation lately on the Coast. Observers believe that the publicity which the picture has at- tracted and the controversy which has been going in some sections of the daily press and the magazines of the country have helped to focus un- usual public attention on the film. There is no indication from any official source that the picture will reach the screen with any deletions. Only last week, Orson Welles, chief figure both in the screen version and in the newspaper controversy on the film, issued a statement that he would sue RKO to bring about a release of the picture, to which serious objec- tions were reported to have been reg- istered by William Randolph Hearst, noted publisher. Hearst is plaintiff in a suit which is now pending against Friday, a week- ly magazine, in connection with cer- tain publicity given the picture in that periodical. A national magazine advertising campaign has been under way on the film, for several weeks. This was prepared by the Donahue & Coe agency. Schaefer Reported Coming East Hollywood, March 17. — George J. Schaefer, president of RKO, is re- ported planning to leave here by plane Wednesday for New York, where he is due Thursday. Warner Executives Off to Studio Today Warner home office executives will leave today for the Coast for studio conferences at which the 1941-'42 pro- gram will be discussed. In the group will be Gradwell L. Sears, general sales manager ; Carl Leserman, assist- ant general sales manager ; Mort Blu- menstock, in charge of advertising and publicity in the East; Ben Kalmenson, Southern and Western sales manager, and Sam Schneider. Conferences will be held with H. M. Warner, president ; Jack L. War- ner, vice-president in charge of pro- duction ; Hal B. Wallis, associate ex- ecutive in charge of production, and S. Charles Einfeld, director of advertis- ing and publicity. The New York executives expect to return in about two weeks. 'Hopkins' Opening In St. Louis April 4 St. Louis, March 17.— Campaign in connection with the world premiere of Republic's "Sis Hopkins," starring Judy Canova, at the 5,000-seat Fox here April 4 was developed last week by William Saal, Republic studio rep- resentative, and Les Kaufman, Fan- chon & Marco local advertising di- rector. Saal was in town last week and is scheduled to return this week for further conferences, Jack Van Pelt, St. Louis publicity man, has been en- gaged for special exploitation on the campaign. G" denotes general classification. Neidhart Testifies In Schenck Trial Enrique Neidhart, manager of the Agua Caliente Hotel, testified in Fed- eral District Court yesterday during the trial of Joseph M. Schenck that the hotel became practically worthless in 1935 when the Mexican Government banned gambling. After the sale of Schenck's interest in the hotel to Roland West, the de- fendant made no effort to control the policy of the hotel, the witness said. The Government is claiming that the transaction was a "wash sale," made for the purpose of taking a loss so that Schenck could claim a deduction on his tax return. Schenck purchased the hotel for $403,000, sold it to West for $50,000, and claimed a loss of $170,000. Mathias F. Correa, U. S. Attorney, brought out that in 1937 the assets of the hotel were listed at $4,150,623 and liabilities at $3,358,000, but on cross- examination Neidhart said that this value was merely a book value. Hold Quigley Awards Presentation Today (Continued from page 1) of the Academy of Motion Picture Arts and Sciences, acting as toast- master. Other studio executives will address the luncheon, as will A-Mike Vogel, chairman of the Managers' Round Table. The two winners will be entertained here for a week as guests of Quigley Publications by a committee of studio publicity heads. Seek Met Exemption Albany, March 17.— Senator Fred- eric R. Coudert and Assemblyman Abbot Low Moffat introduced legis- lation tonight to exempt from taxation the Metropolitan Opera House, New York City, excepting for those parts of the building which are used com- mercially. British Gov't Asks Industry Realignment (Continued from page 1) the present restrictions on monetary withdrawals as an added inducement to the flow of badly needed Amerce product. y the The Government request came as"a consequence of the C.E.A. plea for a reduction of the exhibitors' quota per- centages. It is understood to be the Board of Trade belief that greater playing time is possible for quota films in independent theatres if restrictions are limited and single features and weekly program changes could be brought about. This latter is in sequel to the pro- test of independent exhibitors that the circuits control the market. The K.R.S. will meet tomorrow and the C.E.A. in the near future, which sessions will be followed by a joint meeting prior to the preparation of a memorandum to the Government on the proposal. The problem is com- plicated since the circuits hold the key to the situation, and it will neces- sitate a comprehensive study and long discussions, trade observers believe. _ The whole plan is seen in trade circles as in line with the Government intention of taking a closer interest in industry affairs, with the Ministry of Information playing a dominant part. Five Arbitration Complaints Filed (Continued from page 1) Papayanakos, head of American The- atres, Canton, N. Y. The first complaint was against RKO and the second against Warners. Papayanakos charges in both that the distributors grant unreasonable clear- ance to the Schine Circuit's Strand and Pontiac in Ogdensburg over the complainant's American in Canton. He asserts that while only 14 days clear- ance is specified, in some cases the Schine houses do not use films until 60 to 90 days after release. St. Louis, March 17.— The Shirley Theatre Corp. of Cape Girardeau filed a clearance complaint against RKO with the local board here today. The company operates the Rialto in that city. The complaint charges that RKO is giving the Broadway and Orpheum, Cape Girardeau houses operated by Fox Midwest, unreasonable clearance over the Rialto and asks the arbitra- tor to make a revision in its favor. The complaint is the second on file here. Briefs to Delay Chicago Decision Chicago, March 17— Attorneys for Loew's and E. F. Vanderveer, opera- tor of the State, Morris, III, were directed to file briefs concerning the theatre's arbitration complaint for "some run" against Loew's, a hearing on which was held here Saturday be- fore Charles Zane Hinkle, arbitrator, As a result, a decision in the case may be delayed for several weeks. Tuesday, March 18, 1941 Motion Picture Daily 5 Feature Reviews "The Mad Emperor" ( Far k as- Wo rid ) TTARRY BAUR has been cast in another impressive role, this time as Paul I, who followed Catherine on the throne of Russia. This French film was produced by Nicolas Farkas in Paris just before the war, according to World Pictures, which is releasing the film here. English titles are adequate. Although no modern parallel is drawn, the film points out the con- sequences when a madman becomes a despot. Paul I came into power as a result of intrigue against his mother, Catherine the Great. Upon his ascension, he launches a reign of terror among the people. His private life is evil. Finally, his ministers conspire to remove him, and his son (Gerard Landry) joins the conspiracy, which ends in the Em- peror's assassination. In supporting roles are Paul Renoir who, as the Emperor's most trusted minister, leads the conspiracy, and Suzy Prim, who undertakes to spy on the Czar but ultimately comes to love him. Colette Darfeuil, as Paul's inamorata, also provides a convincing performance. A high- light of Baur's performance is his interpretation of a despot whose constant fears of assassination drive him to the verge of insanity. Maurice Tourneur directed. Running time, 89 minutes. "A"* Edward Greif A" denotes adult classification. "Double Date" {Universal) Hollywood, March 17 HpHE story of Universal's "Double Date" deals with the efforts of a *■ boy and a girl conspiring to stop the romance of the former's father with the latter's aunt. Utilizing a patent formula for producing laughs, which includes reports of stolen cars, holdups, and elopements, in which the so-called "chase" element becomes highly involved in the plot, the story sees the boy and the girl become friends and the pair of the older generation getting married. Edmund Loew and Una Merkel play the father and the aunt, respec- tively, with Peggy Moran and Rand Brooks assaying the roles of the younger pair. Others in the cast are Tommy Kelly, Hattie Noel, Eddy Waller, William Ruhl, Sam Flint, Pat O'Malley, Joey Ray and Charlie Smith. Glenn Tryon directed this Joseph G. Sanford production. Running time, 60 minutes. "G"* Vance King "Chamber of Horrors" (Monogram) 'HPHIS is an eerie murder mystery, produced simply by John Argyle in England, with an all-British cast working under the direction of Nor- man Lee. The story is of the will of a Briton of note and a conspiracy to deprive the rightful beneficiary of the estate, a familiar theme often handled with greater effect. Leslie Banks has the lead as one of the conspirators, and although he and Romilly Lunge, as a detective, handle their roles ably, the other sup- porting players are not too convincing. This is particularly so in the highly melodramatic sequences. As a result a mid-afternoon audience at the New York Theatre on Broadway refused to take seriously the entire film and found many of the tense circumstances on the screen amusing rather than, as intended, suspenseful or exciting. Running time, 80 minutes. "G."* Interest High in Educational Films St. Louis, March 17.— Chil- dren are more interested in educational films than in Hollywood glamor pictures, W. N. Sellman, principal of Harris Teachers' College of St. Louis, said in a radio interview last week. Schools, he added, select films that fit ^■^-their individual interests, vX5,''4and I don't think we need to worry about competition with Hollywood." Amelia Meiss- v ner, curator of the schools' Educational Museum, re- ported improvement in the quality of educational films. 'Hamilton' Opening On Coast Tomorrow Hollywood, March 17. — The world premiere of "That Hamilton Woman," produced by Alexander Korda for United Artists release, will be held at the Four Star Theatre here Wednes- day evening, as a benefit for the Brit- ish Royal Air Force Development Fund. Tickets for the opening are priced at $5, and the theatre is reported to be sold out. Vivien Leigh and Laur- ence Olivier, the stars, are in England. Among the Hollywood personalities who already have purchased tickets to the opening are : Basil Rathbone, Ronald Colman, Alexander Korda and Merle Oberon, Douglas Fairbanks, Jr., Herbert Mar- shall, Charles Chaplin, Harry War- ner, Bing Crosby, Charlotte Green- wood, Gary Cooper, Greer Garson, Sir Charles and Lady Mendl, Mary Pickford and Buddy Rogers, Alan Curtis and Ilona Massey, Alan Mow- bray, Halliwell Hobbes, Herbert Wil- cox and Anna Neagle, Olivia de Havilland, Claudette Colbert, Ian Hunter, Vincent Korda, William Wy- ler, Victor Saville, Samuel Goldwyn, David O. Selznick, Edward Small, Jack Benny and Mary Livingstone, Julien Duvivier, Ernst Lubitsch, Bur- gess Meredith, May Robson, Sir Cedric Hardwicke, Dame May Whit- ty, Nigel Bruce, Norma Drury, Harry Cohn, Ronald Sinclair, Watterson Rothacker, Richard A. Rowland, Sara Allgood, Hal Roach, Gladys Cooper, Walter Wanger and Joan Bennett. Drafted Employes To Get Col. Bonus Columbia will give employes called for military service two to four weeks pay, depending on length of service with the company, and will reinstate them on application at the end of a one-year leave of absence, the com- pany stated yesterday. Premiums on group life insurance of trainees will be paid by the com- pany for the one-year period if the United States does not enter the war. Two weeks salary will be paid to em- ployes who have been with the com- pany one year ; three weeks salary to those with the company at least two years, and four weeks salary to those with the company three years or more, with a maximum of $400 to any individual. *"G" denotes general classification. Plans Butte Benefit For Men in Service Butte, Mont., March 17. — William Woolfall, manager of the Montana Theatre here, plans a special program from April S to 9 as the chief fea- ture of the campaign of the Silver Bow Club, No. 88, of the Navy Mothers of America, to raise $1,000 for comforts for local men in the service. The money will be pooled in a national fund. A feature and sev- eral shorts will comprise the program. Pre-Suit Quiz for Warner, Bernhard H. M. Warner is scheduled to be examined before trial here on March 21 and Joseph H. Bernhard today in the anti-trust suit against the com- pany pending in Federal court at Philadelphia which was brought last year by Lansdowne Amusement Co., two other corporate and seven other individual plaintiffs. Notices of ex- amination were filed in U. S. District court here yesterday. Of 42 Pictures In Work, Ten Are at Metro Hollywood, March 17. — Forty-two pictures were before the cameras this week, with M-G-M the busiest studio, having 10 in work. A total of eight pictures were finished, with seven starting. Twenty-one are being pre- pared, and 63 are being edited. The tally by studio : Columbia Finished: "Naval Academy." In Work : "Senate Page Boys," "Time Out for Rhythm," "Return of Daniel Boone." M-G-M In Work: "Billy the Kid," "A Woman's Face," "Blossoms in the Dust," "Love Crazy," "Dr. Jekyll and Mr. Hyde," "The Uniform," "Lady Be Good," "Washington Melo- drama," untitled Dr. Kildare. Started : "Man from the City." Monogram Finished : "Tumbledown Ranch in Arizona." Started: "Widows of the Press." Producers Releasing Started: "South of Panama," "Billy the Kid's Trigger Pals." Paramount Finished: "Little Miss Muffet." In Work: "Skylark," "Pioneer Woman," "Hold Back the Dawn," "Night of January 16th." RKO In Work : "Sunny," "Before the Fact," "Tom, Dick and Harry," "My Life with Caroline," "Hurry, Charlie, Hurry," "A Certain Mr. Scratch." Republic Finished: "Pals of the Pecos." In W ork : "Rookies on Parade," "Lady from New Orleans," "Sing- ing Hills." 20th Century-Fox In Work : "Blood and Sand," "The Great American Broadcast," "Miami." Started: "Man Hunt." Universal Finished: "The Black Cat." In Work : "Unfinished Business," "Cracked Nuts," "Horror Island," "Sandy Steps Out." Started: "Mutiny in the Arctic," "Sing Another Chorus." Warners Finished: "The Bride Came C. O. D.," "Highway West," "Three Sons O'Guns." In Work: "Sergeant York," "The Gentle People," "Underground." 'Dictator9 Chaplin's Biggest, Says Kelly According to Arthur W. Kelly, vice president in charge of domestic distribution of United Artists, "The Great Dictator," starring Charlie Chaplin, is the biggest grosser in the actor's acreer. Kelly stated that his opinion is based on the box-office re- turns of the film since it started on its popular run in several key cities. (Editor's Note: For grosses on this! picture as well as all others, watch Motion Picture Daily's wcck-to- zveck box-office reports from principal cities. ) 6 Motion Picture daily Tuesday, March 18, 1941 Short Subject Reviews BVay Box-Office Improves; $48,500 For 'Doe' in 5 Days {Continued from page 1) days. The Rivoli, with a capacity of more than 2,000 seats, about 500 seats more than the Hollywood, garnered the major share, or about $31,000. The twin theatre showing, officials assert, will be continued for at least two weeks, while the Rivoli run is for a long and indefinite stay. "Andy Hardy's Private Secretary," makes way for "Rage in Heaven," at the Capitol on Thursday, after a two- week run with an estimated $36,000, of which about $20,000 was garnered the first week. "Cheers for Miss Bishop" at the Radio City Music Hall, with a stage presentation, is doing a nice business, grossing about $53,000 on the first four days. It will be followed on Thursday by "Adam Had Four Sons," Columbia feature. "That Night in Rio" at the Roxy, with a stage show, hit the box-office for an estimated $22,000 over the weekend. At the Strand, "Footsteps in the Dark," Warner Bros, film starring Errol Flynn, will leave Thursday night after a week's run to make way for "The Sea Hawk." The Flynn film with the help of the stage show grossed about $18,000 on its first three days. At the Paramount, "Lady Eve" has finally elected to depart after a three- week run and will make way on Wednesday for "Las Vegas Nights," with Allan Jones and Ina Ray Hut- ton on the stage. "Lady Eve," is hav- ing an uncommonly good third week, grossing an estimated $20,000 for the weekend, and on the week is estimated for a minimum of $32,000. Ground Broken for Theatre in Trenton An announcement made yester- day states that ground has been broken on Brunswick Ave. in Tren- ton, N. J., for a new 1,000-seat the- atre. According to RKO officials, this theatre is being built by the Trenton New Brunswick Theatre Co., in which RKO Theatres owns a 50 per cent interest. Walter Reade and the Frank Storrs estate own the other 50 per cent. William I. Hohauser is the architect. H. D. Best McCaffery Co., it is stated, will build the house. Churchill Attends 'Uncle Sam' Showing Prime Minister Winston Churchill found time Sunday evening to attend a film showing at the London home of Lord Beaverbrook, minister of air- craft production and London news- paper publisher. The program in- cluded March of Time's "Uncle Sam — The Non-Belligerent." Lord Beav- erbrook yesterday so advised March of Time officials here by cable. Fire Damages Theatre Harrisburg, Pa., March 17. — Fire which swept through the business sec- tion of Millerstown, Pa., today did damage estimated at several thousand dollars to the Millerstown Theatre, owned by Peter Shenk. "Stranger Than Fiction, No. 88" {Universal) The subject matter here. is formed of a group of items, which, although not too unusual, make the short an entertaining addition to the series. It concerns fish flies, a hotel construc- ted with driftwood, the use of lye and water as automobile fuel, mosaic pic- tures made up of postage stamps and a young contortionist. Running time, 9 mins. "High Spots in American History" ( U niversal) This cartoon burlesques in funny fashion various historical events such as Columbus discovering America, the landing of the Pilgrims and Paul Re- vere's ride. Some of the gags fall flat. This is especially so with two of its characters, Brenda and Cobina, who are continually in search of men. Running time, 7 mins. "Stranger Than Fiction, No. 87" ( Universal) The usual array of six subjects, some moderately amusing and fairly interesting, are presented in the same style as were those in this subject's 86 predecessors. On view are minia- tures of famous shrines and churches, a unique device for protection against a cow's wagging tail, a well that spouts flames, a feminine railroad worker, the making of muzzle-loading rifles and a pet bird which does som- ersaults. Running time, 9 mins. "Going Places, No. 88" (Universal) A tour of various deserts in the United States makes for an inter- esting travelogue. The colored sands in a Maine desert, dune-skooter rid- ing in Michigan, the white sands in New Mexico and California oases are depicted. Running time, 9 mins. Legion Approves 8 Of 10 New Pictures The National Legion of Decency for the current week has approved eight of 10 new films, two for general patronage and six for adults, while one was called objectionable in part and one was condemned. The films and their classification follow. Class A-l, Unobjectionable for Gen- eral Patronage — "Dead Men Tell," "Mr. Dynamite." Class A-2, Unob- jectionable for Adults — "Adam Had Four Sons," "Footsteps in the Dark," "Meet John Doe," "The Penalty," "The Sea Wolf," "Sleepers West." Class B, Objectionable in Part— "Sins of Youth." Class C, Condemned — "Pepe le Moko" (French). Raise Weekend Prices Allentown, Pa., March 17. — Ex- periment of the Colonial of raising weekend prices proved successful, ac- cording to manager Charles Bierbau- er, with the result that it has been adopted as a permanent policy of both the Colonial and Rialto with other theatres in town expected to follow. "Greece Fights Back" (March of Time-Paramount) Prepared by March of Time, this subject is a panorama-like account of Greece's war activities, giving glimpses of many branches of her fighting forces in action and in movement, as well as telling views of the civilian population in wartime. It compresses into comparatively brief footage a comprehensive picture of Greece's tremendous task in de- fending herself, conveys something of the spirit of the Greek people which has made possible the nation's brave stand in past months, and makes clear the need for immediate further aid to Greece. Proceeds from rentals of the film will be contributed for Greek war relief. Running time, 7 mins. "Australia at War" (March of Time-RKO) This graphically surveys Australia's position in the war, giving attention to the Commonwealth's resources and its aid to the mother country, depict- ing the victorious Anzacs in Africa and the supplies sent to England. It lays stress on the relative proximity to Japan and illustrates the forces which an aggressor would encounter. The film also notes the significant lo- cations of other islands in the Pacific, including Hawaii, Singapore, the Philippines and the Dutch East In- dies. The study is thorough and in- structive and should be of interest to every war observer. The subject is presented forcefully. Running time, 18 minutes. "Fishing Fever" (Paramount) Here we see many interesting people engaged in fishing for trout, bass and whatever else happens their way. Ted Husing handles the nar- ration and also is seen casting a line here and there. Others pictured are Frances Langford, Jon Hall, Mr. and Mrs. Guy Kibbee and Andy Devine. The avid Hollywood fan should find this much to his liking. Running time, 10 minutes. Doric in Toronto Allowed to Reopen Toronto, March 17. — Sam Lester, proprietor of the Doric Theatre, To- ronto neighborhood house which was the scene of an accident in January when many children were affected by coal gas fumes, has been permitted by the Ontario Government to reopen his theatre for matinee performances. The Theatres Inspection Branch had ordered the Doric to remain closed for matinees for an indefinite period as the penalty for the accident, following an official probe. In the meantime the theatre staff had been drilled regarding safety measures and the theatre's equipment had been overhauled under the supervision of the Government department. Canadian Exhibitor Dies Canso, N. S., March 17. — E. Percy White, 64, proprietor and manager of the Canso Theatre here, died suddenly of a heart attack while walking on the street. Surviving are his widow and three daughters. Cassils Lose Suit Against 8 Majors St. Joseph, Mo., March 17. — The $452,775 damage suit of Eugenia and Frank Cassil, operators of two the- atres here, against Dubinsky Broth- ers, circuit operators, and the eight major companies, was dismissed, with prejudice, by Federal Judge Merrill E. Otis in U. S. District court here Saturday. . 't'h The dismissal came midway cR»i.- ing the presentation of defense testi-- mony, and after plaintiff's witnesses had been heard. The Cassils alleged conspiracy among the distributors and Dubinsky Brothers against the plaintiffs' Rialto on product supply and runs. Branch managers of the eight defendant com- panies testified that they knew of no conspiracy against Cassil and that they had sold first to Dubinsky only be- cause his operations here could re- turn them the most money for their product. The case was filed early last year. Cassil is president of the Kansas- Missouri Theatre Association, an affili- ate of the M.P.T.O.A. Seeking Action on N. /. Anti-Ascap Bill Trenton, March 17. — An attempt to force New Jersey's anti-Ascap bill from committee will be made in the near future by Assemblyman H. Stan- ley Herbert, Monmouth, sponsor of the measure, he stated today. The bill would impose a five per cent tax on receipts from the licensing of copyrighted music in the state and would prohibit licensing by organi- zations such as Ascap except on a "per piece" basis. A similar bill failed to pass last year. U. S. Drops (Big 5y From S chine Action (Continued from page 1) was "practically agreed" on a decree with the Schine circuit. The companies dismissed from the action were : Loew's, RKO Radio Pictures, 20th Century-Fox, Warners, Vitagraph, Paramount Pictures and Paramount Film Distributing Corp. Remaining as defendants in addition to Schine Theatres and its affiliates are Universal, United Artists and Col- umbia. Grainger on Visit to New Orleans Office James R. Grainger, president of Re- public, has arrived in New Orleans after visiting Dallas, where a cock- tail party was tendered him at the Variety Club late last week. R. J. O'Donnell, vice-president and general manager of Interstate Circuit, was toastmaster. DeMille Grandson Dead Hollywood, March 17. — Plans are being completed today for the funeral of Christopher Quinn, 2-year-old grandson of Cecil B. DeMille. The child was drowned on Saturday, when he fell into a pond. He was the son of Mr. and Mrs. Anthony Quinn, the latter the adopted daughter of the producer. Motion Picture Daily Off the Antenna NBC will devote a special 15-minute program at 7:15 P.M. Friday, March 28, to explain the frequency changes made necessary under the Havana Treaty. Both Red and Blue networks will be combined for the broadcast. A total of 192 of the 224 NBC affiliates are required to change frequencies. • • • Purely Personal: Hudson Hawley, NBC short wave news editor, will be principal speaker before the Honors College of Wesleyan College March 26. 'On the same program will be Fernand Aubc-rjonois, French short wave announcer for the network. . . . Edward J. Fitzgerald, director of radio for Erwin, W asey & Co., has been named vice-president in charge of radio by the agency. . . . Leora Thatcher of the "Tobacco Road" cast will be guest today on the "Ellen Randolph" program over NBC-Red. . . . Sam Brotvn, WMCA 'annowtcer , left yesterday for observation at Johns Hopkins Hospital. . . . Keenan Wynn, son of Ed Wynn, will have the leading role in "The Amazing Mr. Smith" which starts over Mutual Monday, April 7. . . . Dick Goggin of the VVABC program department left yesterday for a vacation in Savannah, Ga. • • • Mutual yesterday started a weekly printed clip sheet service similar in content to that of NBC. Eight items are included and two mats are offered in the first edition. The clip sheet is attached to the printed program folio of the network. • • • M-G-M has obtained a half-hour over NBC-Blue on Wednesday, April 2, 4:15-4:45 P.M. for a broadcast of a luncheon to Bishop Ryan of Omaha and Father Edward J. Flanagan, founder of Boys Town. The lunch- eon will take place at the M-G-M Culver City studio. Spencer Tracy, Mickey Rooney and Judy Garland, who appear in "Men of Boys Town," will also be on the broadcast. • • • Program News: Linton Wells yesterday started a midnight news resume over CBS. The program will be heard Mondays through Saturdays at 12- 12:05 A.M., sustaining. . . . "Special Correspondent," a dramatization of the adventures 'of foreign newspaper correspondents, will be heard shortly on NBC. It was prepared by Robert Eisenbach and Lars Skattebol, both of the NBC newsroom. . . . Johnson & Johnson will sponsor Dorothy Kilgallen, Journal-American columnist. The network has not yet been selected. . . . Con- gress Cigar Co. has started a radio campaign with sports and news programs in Chicago, Detroit and Cincinnati and foreign language programs in Detroit and Buffalo. Ascap-Broadcasters Parley Due to Commence Tomorrow h Tuesday, March 18, 1941 IF M Donated By Armstrong For Defense — 1 Washington, March 17. — Free use during the national emergency of_ his 17 patents on FM broad- , 0^ing has been offered to the War .apartment by Major Edwin H. Armstrong, developer of the system l '"of noiseless FM transmission, and has been accepted with thanks, the Department announced tonight. . Pointing out that by his action the [ noted inventor has foregone the op- portunity to make a considerable sum I of money under the defense program, ! Secretary Henry L. Stimson person- ally acknowledged Maj. Armstrong's offer to grant a license under his pa- tents to any manufacturer designated by the War Department for one dollar a year royalty "for so long as the present national and international ■ emergency shall exist." Immediate advantage will be taken of the opportunity by the Army which is now procuring a large number of FM sets for the armed forces and other units, as well as developing I three new sets in which FM is to be used. FM 'Ideal' for Army Many experts regard FM as ideal for military purposes because atmos- pheric conditions do not interfere with reception and because it is very diffi- cut to interfere or "jam" FM signals. On the other hand, AM transmission is subject to static and can be jammed easily. Interference on AM can be caused with as little as five per cent of the signal strength by the interfering station, while with FM as much as 50 per cent is required. Ask FCC to Approve Two New FM Stations Washington, March 17. — Applica- tions for construction permits for two new FM stations have been received by the Federal Communications Com- mission from WHEC, Inc., Rochester, N. Y., planning a station on 44,700 kilocycles to cover 2,318 square miles with a population of 551,374, and the King-Trendle Broadcasting Corp., Detroit, for a station on 47,300 kilo- cycles to cover 6,900 square miles with a population of 2,564,008. The commission also received an ap- plication from Station KAND, Cor- sicana, Tex., for increase of power from 100 to 250 watts. Start Work Soon on NBC Frisco Building San Francisco, March 17. — Con- struction of the new $1,000,000 NBC Building in the downtown area, post- poned repeatedly since early last Fall when newsreels took advance pictures of "ground-breaking" which never oc- curred, is now slated to commence in 10 days, according to local NBC of- ficials. Hettinger to 20th-Fox Hollywood, March 17. — Mark Hel- linger, who left Warners last week, has signed a contract as a producer with 20th Century-Fox. Negotiations between Ascap and the National Association of Broadcasters are expected to begin tomorrow, it was reported following an NA.B. board of directors' meeting at the Hotel Roosevelt yesterday. The board discussed the music situ- ation all day but failed to conclude the discussions. As a result, _ the selection of a negotiating committee which was scheduled to be completed yesterday was delayed. It was pointed out that the board must decide on its general policy for the negotiations before starting meet- ings with Ascap. Some board mem- bers wish to make no concessions to Ascap at this time, it was reported, although the majority appears to fa- vor immediate conferences In any event, the negotiating com- mittee will not have the power to bind any of the networks or stations The group will conduct the conferences and then permit the individual inter- ests to decide what to do about sign- ing, it was reported. Some doubt exists as to the proce- dure to be adopted. The NA.B. board has several important matters to con- sider besides music, especially those relating to the forthcoming St. Louis convention. Since leading members of the board will be required for the negotiating committee, it may be nec- essary to adjourn board meetings while the committee members are absent. The board is scheduled to conclude its meeting today but it is probable that the sessions may be extended. Wakefield Selection Confirmed by Senate Washington, March 17. — The Sen- ate today confirmed the appointment of Ray C. Wakefield as a member of the Federal Communications Com- mission and President Roosevelt will be advised of its action before he leaves for his vacation later this week. It is probable that the new commis- sioner will be sworn in in time to participate in the television hearings Thursday. Unanimously approved by the In- terstate Commerce Committee, the nomination was confirmed by the Sen- ate without opposition. Baukhage Elected by Air Correspondents Washington, March 17. — H. R. Baukhage, NBC commentator, has been elected president of the Radio Correspondents Association. He suc- ceeds Albert Warner of CBS. Other new officers are Fred Morrison. Trans- radio, vice-president ; Steve McCor- mick, Mutual, secretary, and Francis J. Tully, Jr., Yankee network, treas- urer. Joan Blondell Due Joan Blondell and Dick Powell are due here today from the Coast. She has just completed work in "Topper Returns," Hal Roach film being re- leased by United Artists. 7 10 Companies Set on Hearing For Television Washington, March 17. — Ten commercial companies and the Na- tional Television System Commit- tee have filed notices of intention to appear at the FCC television hearings opening here Thursday, it was disclosed today. FCC Chairman James L. Fly is confident that the hearings would be brief and could be completed in two days. The companies giving notice of in- tention to appear are : Balaban & Katz, CBS, Don Lee Broadcasting System, Allen B. DuMont Labora- tories, Farnsworth Television and Radio Corp., Hughes Productions, NBC, Paramount Pictures, Scophony and Zenith Radio Corp. There are comparatively few mat- ters in dispute, Fly said, and it is not expected that representatives of the major companies will require any lengthy presentation. Indications are that those who testify will be asked to be as brief as possible in order to con- serve time. The FCC is now engaged in con- sideration of the monopoly report and is anxious to hold a session devoted to the report on Saturday. New York Changes In Frequency Cited Albany, March 17.— Walter T. Brown, secretary to the Governor, over the weekend issued a statement calling attention to the fact that most New York stations will move to new- frequencies March 29 under the Hava- na Treaty. The stations of New York State listed by Brown and their new fre- quencies are: Albany, WABY, 1,400 k.c. ; WOKO, 1,460; Auburn, WMBO, 1,340; Batavia, WBTA, 1,490; Binghamton, WNBF, 1,490; Brooklyn, WARD, 1,430; WBBC. 1,430; WBBR, 1,330; WCNW, 1,600; WVFW, 1,430; Buffalo, WBEN, 930; WBNY, 1,400; WEBR, 1,340; WGR, 550; WKBW, 1,520; WSVS, 1,400. Also, Canton WCAD, 1,250; El- mira, WENY, 1,230; Freeport, WGBB, 1,240; Ithaca, WHCU, 870; Jamestown, WJTN, 1,240; Kingston, WKNY, 1,490; Newburgh, WGNY, 1,250; New York, WABC, 880; WBNX, 1,380 ; WEAF, 660 : WEVD, 1,330; WHN, 1,050; WINS, 1,000; WJZ, 770; WLTH, 1,430; WMCA, 570; WNEW. 1,280; WNYC, 830; WOV, 1,130; WQXR, 1,560. Also, Niagara Falls, WHLD, 1,290 ; Ogdensburg, WSLB, 1,400; Olean, WHDL, 1,450; Plattsburgh, WMFF, 1,340; Poughkeepsie, WKIP, 1,450; Rochester, WHAM, 1,180; WHEC, 1,460; WSAY, 1,240; Salina, WAGE, 620; Saranac Lake, WNBZ, 1,320; Schenectady, WGY, 810 ; Syracuse, WFBL, 1,390; WOLF, 1,490; WSYR, 570; Troy, WHAZ, 1,330: WTRY, 980; Utica, WIBX, 1,230: Watertown, WATN, 1,240; WWNY. 1,300; White Plains, WFAS, 1,240; and Woodside, WWRL, 1,600. * Don't let a good thing die . . . crowd on the steam while the goings good. Remember. . .one ringer never won a championship yet. It takes constant ringing of the pin . . . continued plug- ging for the "ace." * Capitalize on the big pictures . . . press your advertising luck with con- tinuous advertising. * Settle on a standard minimum but keep the glamour shining. * And we've got everything you need to give your house that "good* show-here- tonight" look . . .Trailers . . . Lobby Displays... General Accessories for any picture . . . _ DTicinr. orrcccnnicc Alert, InteWgei same to thei^ gtion Picture Industry MOTION PICTURE DAILY V12L. 49. NO. 54 NEW YORK, U.S.A.. WEDNESDAY, MARCH 19, 1941 TEN CENTS Coast Chiefs at Quigley Award Presentations W anger, Freeman, Crisp Participate; 119 Attend Hollywood, March 18. — Climax- ing the seven-year history of the Quigley Awards for outstanding showmanship, 119 studio execu- tives, personalities and Hollywood ; correspondents of the nation's press and wire services today attended luncheon ceremonies at the Beverly- Wilshire Hotel presided over by Walter Wanger, president of the Academy of Motion Picture Arts and Sciences, to witness the award- ing of plaques to Everett C. Cal- low of Warner Theatres, Philadel- phia, and J. R. Wheeler, manager (.Continued on facie 4) 481 Out of 539 Films N E \\ $6,000,000 tPDr„dc;nLeYgioa„1 FINANCING FOR 'IT NAB Names Group For Ascap Parleys The National Association of Broad- casters' board of directors yesterday named a negotiating committee of 15 to meet with an Ascap committee for the purpose of laying a basis for the settlement of the music "war." The N.A.B. committee will meet today to discuss general problems and will set a date for a joint meeting with the Ascap group. Yesterday it was considered a possibility that the first joint meeting will be held today. Ascap officials have indicated that they are (.Continued on page 8) Delaware Theatres Set for Sunday Films Wilmington, Del., March 18. — At a meeting at the Warner Theatre here this week managers of the 12 local houses will work out details of the operation of their houses next Sun- day, following the legislature's re- peal of Delaware's 200-year-old Blue Laws. Only one Delaware house, the Plaza at Milford, was open last Sun- day. The others did not open because the time was too short to prepare. Under the measure performances arc permitted in incorporated cities and towns on Sunday from 12 noon to (> P. M„ and from 8 P. M. to mid- night. _ The blue laws still apply, how- ever, in unincorporated areas. The National Legion of Decency approved 481 out of 539 domestic and foreign features reviewed during the year from November, 1939, to November, 1940, according to the annual report released yesterday. Of the 481 films approved, 271 were rated as unobjectionable for general patronage and 210 were classed as un- objectionable for adults. Of the 539 total, 47 were rated objectionable in part, 10 were condemned and one was placed in a category called "Separate- ly Classified." Of the 539 features, 497 were domestically produced and 42 were foreign films in seven lan- guages. According to the report issued by the Rev. John J. McClafferty, execu- tive secretary of the Legion, from (Continued on page 4) Borthwick, Milliken Take Herron Duties George Borthwick, assistant treas- urer of the M.P.P.D.A., will take over the financial duties of Frederick L. Herron with that organization, and Carl E. Milliken, M.P.P.D.A. secre- tary, will serve as acting head of the organization's foreign department while Herron is on Army duty, it was stated yesterday. Milliken will be assisted in the for- eign department by Harold L. Smith, (Continued on page 4) Chicago's Second Arbitration Case Hearing Tomorrow The Chicago arbitration board will "try" its second industry complaint tomorrow when the clearance demand of Ben Banovitz, operator of the Ken, against 20th Century-Fox, RKO and Paramount, involving the Schoenstadt circuit, will be heard by Charles Megan, arbitrator. Megan is ex-pres- ident of the Chicago Bar Association. American Arbitration Association headquarters yesterday also reported that arbitrators have been chosen for two cases in Detroit and one in New Orleans. Jerome G. Thomas, head of the business administration department of Wayne University, and L. J. Carey, attorney, will hear the first and second cases filed in Detroit. Julius D. London, independent exhibi- tor, is complainant in both cases, in- volving clearance and naming War- ners and Paramount. Phillip E. James, attorney, was named arbitrator in the New Or- leans case, which involves Charles J. Woolner's demand for "some run" from Paramount for his Drive-In Theatre. Hearings for the Detroit and New Orleans cases have not been set. Winter's Goodbye Blast Stuns Theatre Grosses Xate BlumberK" Theatre receipts in some situations fell off as much as 60 per cent from normal in the Midwest under the im- pact of a sudden and furious blizzard which struck North Dakota and Minnesota over the weekend and the icy winds of near-gale proportions which swept New York State and the entire Eastern seaboard Monday and yesterday. Winter's parting shot — it is offi- cially scheduled to depart tomorrow — caused the closing of schools in many communities in upper New York Slate, and affected theatre business seriously. Temperatures plummeted downward 15 degrees or more in New York City overnight, and dropped to lows of two above zero in Albany and (Continued on page 4) British Production Vi tal, Commons Told London, March 18. — The impor- tance of maintaining British film pro- duction was brought before the House of Commons today by several mem- bers. Oliver Lyttleton, president of the Board of Trade, responded that he was aware of the importance of main- taining British production consistent with the national interest, and that he has been in communication with Ern- est Bevin, Minister of Labor, on the question of manpower. Lyttleton promised the House that he would make a strong plea to the Labor Min- ( Continued on page 4) Boston Firm Is Reported In Deal for 5-Year Arrangement By SAM SHAIN Arrangements are reported under way, according to Wall Street ob- servers, whereby the First Boston Corp., leading mmm invest- ment hanking concern of Boston, will make available to Universal Pictures Com- pany approxi- mately $6,000,- 000, over a period of five years, at a low rate of inter- est, to meet all future possible capital re- quirements of the film company. Of the reported sum, about $4,500,000 is said to be new money. In July of last year, the same bank- ing house made available to Universal $1,500,000 for purposes of retiring a mortgage of $1,- 110,000 on the c o m p a n y ' s studio, held by C o nsolidated Film Laborator- ies. Universal ear- ned $535,795 net profit for the first quarter this year, ended Feb. 1. This was an improvement of $158,000 over the same period the previous year. J. Cheever Cowdin, chairman, Nate Blumberg, president, and five other executive officers, who constitute the executive management of the company, (Continued on page 4) J. Cheever Cowdin In Today's Issue A review of "Man Made Monster" will be found on Page 6. Short subject re- views are on Page 7. Holly- wood production news, on Page 5. 2 Motion Picture Daily Wednesday, March 19, 1941 Coast Flashes Hollywood, March 18 THE arbitration panel of the Los Angeles local board will meet tomorrow with J. Xoble Braden, executive secretary of the American Arbitration Association, for a discus- sion of procedure. Noble, whose headquarters are in New York, is here to set up A. A. A. headquarters Xo complaints have been filed with the Los Angeles board. • A "tentative" settlement has been reached in the Colcata Corp. damage action against Fox W est Coast The- atres and major companies over alleged inability to obtain "satisfac- tory" product for Bard's Colorado Theatre in Pasadena, it was dis- closed today by attorneys in court when the :ase was called. As a re- sult, the trial was postponed. • Joseph Skirball, business manager for Frank Lloyd Productions, releas- ing through Universal, left tonight for Dallas to start a series of previews of "Lady from Cheyenne," scheduled for 10 key cities. Second Week for 'Bishop' Business at the Radio City Music Hall being above expectation, "Cheers for Miss Bishop" will be held for a second week beginning tomorrow, it was stated yesterday. Personal TJ. CONNORS, Eastern, South- • ern and Canadian sales manager •for M-G-M, left yesterday by plane for a business trip to Miami. He is expected to return on Monday. • Leox Xetter, Paramount theatre executive, returns today from Greens- boro, N. C. • B. E. Hoefmax, Warner Theatres executive in New Haven, is vacation- ing at White Sulphur Springs. Orsox Welles, John Housmax, Lee Shubert, Arthur Kelly, Ar- thur Krim, Nat Karsox, Dennis Kixg, Eddie Dowlixg lunching at Sardi*s yesterday. • Harry Kugel, cashier at the M-G- M branch here, who is to be married Saturday to Ruth Feirixg, will be given a luncheon by associates today at the Hickory House. • Elmer Hollander, manager of Warners' Stanton, Philadelphia, has returned to his post after an illness. • Rocco Longo, operator of the Com- munity Theatre. Oakville, Conn., has returned from a visit to Philadel- phia. • Michael Tomasino, operator of the Victory and White Way, New Haven, left this week for Florida with Tony Casella, projectionist. Mention MR. and MRS. ABE LAST- YOGEL leave Chicago today for the Coast. • Frances Webb, secretary to Wil- liam Goetz, has arrived here from the Coast. Oscar Doob, William Orr, John W. Hicks, Maurice Bergman, Sid- ney Phillips, Arthur Mayer, Max A. Cohen, Stanton Griffis, Bar- ney Balaban, Austin Keough, Richard Rodgers, Russell Holman and Edward Saunders having lunch yesterday at Nick's Hunting Room in the Astor. David Lipton, Sam Shain. Monroe Greenthal, Morris Kinzler, Irving Lesser, Jack Partington, Morris Helprin, Meyer Beck. Seymour Poe, Dave "Skip" Weshner and James Cron lunching at Lindy's (next to the Rivoli) yesterday. B. S. Moss. Harry Gold. Charles Stern, Maurice Silverstoxe, Fred- Ric March, Nate Blumberg. Mar- tin Moskowitz and Lou Brandt at Lindy's (51st St.) yesterday for lunch. Ralph Poucher. Harry Thomas, Lou Pollock, Hank Linet. Jef- frey Bernerd. Budd Rogers. Arthur Greenblatt, W. Ray Johnston and Vincent Trotta lunching yesterday at the Tavern. Baltimore Theatre Club to Be Formed Baltimore, March 18. — A group of Baltimore theatre men have met in the interest of organizing a new club. Robert Marhenke, owner of the Broadway, and Michael Reaber of the Mayfair are handling the details. "It is our idea to have something like the Showmen's Club of Philadel- phia," states Marhenke, "so that the theatre workers in moderate circum- stances will have a worth while place to go after hours." Tentative plans are to name the Baltimore organiza- tion the Showman's Club. Reduce 'Doe' Price At 2 B'way Houses The scale of prices for "Meet John Doe" at the Rivoli and the Hollywood has been reduced from 55 cents' to 40 cents up to 1 P.M. and from 77 cents to 65 cents up to 6 P.M. The evening scale of 99 cents remains the same. The change was made late Monday afternoon. The new scale is the same as that in effect regularly at the Rivoli. English Reel Booked "This Is England." defense docu- mentary prepared in England, which Columbia will distribute here, is sched- uled for simultaneous showings in 200 Greater Xew York theaters during the week of March 27. Net proceeds will be contributed by Columbia to the R. A. F. Spitfire Fund. Newsreel Parade pRESIDEXT ROOSEl'EL'fS ad- -*■ dress at the annual dinner of the White House correspondents is out- standing among the varied defense subjects in the new issues. Contenu follow : MOVIETONE NEWS, No. 55— Kf - » I velt's address. Army engineers in nefg^SH tics. Virginia cadets in maneuvers. I Miami" chosen. Petain and Francd^Bset in France. Xew British troops in training. Former U. S. destroyers in British service. King George and Queen Elizabeth in Scot- land. Windsors referee golf match in Nassau. NEWS OF THE DAY, No. ZS3 — Roose- velt urges united defense effort. Army en- gineers learn new war methods. King George and Queen Elizabeth in Scotland. Tommy-gun defenses in Britain. Train wreck in Ohio River. Daffodil festival in Washington. Xotre Dame football stars training. Windsors at golf match. PARAMOUNT NEWS, No. 58— Roose- velt's message. Xew powder mill in Vir- ginia. Xew army engineers in maneu- vers. Xorwich University cavalry unit in training. Train wreck. Golf match in Xassau. Pistol tournament in Florida. Football practice at Xotre Dame. RKO PATHE NEWS, No. 58— Roosevelt pledges all-out aid. Xew powder plant in Virginia. Engineers learn new attack methods. German freighter arrives in Brazil. Australian troops leave for Singa- pore. Daffodils bloom in Washington. Pistol experts in Florida competition. Windsors at X'assau golf match. Xotre Dame football team in practice. UNIVERSAL NEWSREEL, No. 963— Roosevelt's address. Warehouse fire in Xew Orleans. Xew powder plant in Vir- ginia. St. Patrick's Day parade in Xew York. Army engineers in training. Cav- alry cadets in maneuvers. Daffodil festi- val in Washington. Spring football at Xotre Dame. Windsors at Xassau golf match. Urge Admission Tax In Maryland Town Salisbury, Md., March 18.— A bill urging one-cent tax on all film ad- missions, the revenue to finance recre- ational activities in the city of Salis- bury, has been presented to the Man - land state legislature by Delegate J. Howard Johnson. Indorsement of the Mayor and City Council has been ob- tained. Johnson estimates an annual revenue under the measure at from $12,000 to $15,000 annually. MOTION PICTURE DAILY (Registered U. S. Patent Office) Published daily except Saturday, Sunday and holidays by Quigley Publishing Company. Inc., 1270 Sixth Avenue, Rockefeller Center. New York City. Telephone Circle 7-3100. Cable address, "Quigpubco, New York." Mar- tin Quigley, Editor-in-Chief and Publisher; Colvin Brown, Vice-President and General Manager; Watterson R. Rothacker, Vice- President; Sam Shain, Editor; Alfred L. Finestone, Managing Editor; James A. Cron, Advertising Manager; Chicago Bureau. 624 South Michigan Avenue, C. B. O'Neill. Manager; Hollywood Bureau, Postal Union Life Building, William R. Weaver, Editor; Leon Friedman, Manager; London Bureau. 4 Golden Square, London Wl; Hope Wil Hams, Manager, cable address "Quigpubco. London." All contents copyrighted 1941 by Quigley Publishing Company, Inc. Other Quigley publications: Motion Picture Herald. Better Theatres, International Motion Pic- ture Almanac and Fame. Entered as second class matter, Sept. 23, 1938, at the post office at New York, N. Y., under the act of March 3, 1879. Subscription rates per year $6 in the Americas and $12 foreign. Single copies 10c. California AMERICAN'S SOUTHERN SUNSHINE ROUTE Five American Flagships daily take you along the Southern route across Virginia, Tennessee, and through the sunshine of Texas and Arizona to Los Angeles and the Pacific Coast. Save days of time, enjoy every minute of your trip. For reservations, call your Travel Agent or HAvemeyer 6-5000. Ticket Offices: 18 W. 49th St. at Rockefeller Center and Airlines Terminal, 42nd Street at Park Avenue. AMERICAN AIRLINES im. ROUTE OF THE FLAGSHIPS SPENCER TRACY MICKEY ADVERTISING "MEN OF BOYS TOWN ! Full Pages in the following National Weeklies and Monthlies: Saturday Evening Post • Collier's • Liberty • Look Magazine • Life • Time • Newsweek • American Boy • Boy's Life Young America • Open Road for Boys • Scholastic Magazines • Parents' Magazine • Extension Magazine Columbia • Our Sunday Visitor • Register • Callahan's List of Catholic Weeklies • Catholic Boy • Silver Screen Screen Romances • Modern Screen • Your Charm • Motion Picture • Photoplay-Movie Mirror • Movie Story Screenland • Glamour • Screen Life • Screen Guide • Hollywood • Movies Magazine • Movie Life Plus THE LION'S ROAR, the most successful magazine ad in America M-G-M...NO HALFWAY MEASURES! 4 MOTION PICTURE DAILY Wednesday, March 19, 1941 Winter's Goodbye Blast Stuns Theatre Grosses New Financing Of $6,000,000 For Universal (Continued from page 1) were recently awarded new employ- contracts by the company's stockhold- ers at the company's annual meeting in Delaware last Saturday, as a re- ward for their service in bringing the company from the red into the black. These men are William A. Scully, in charge of domestic distribu- tion; Cliff Work, vice-president in charge of production ; J. H. Seidel- man, vice-president in charge of for- eign distribution ; Charles Prutzman, vice-president and general counsel, and Matthew Fox, vice-president and as- sistant to the president. Under Blumberg's direction, the company's annual gross has increased from $18,150,876 to $27,677,627, and in the last three years, according to a statement recently made by Cow- din, this management "converted a net loss of $1,084,999 into a net profit of $2,390,722." Minn. Measure Hits All Booking Agencies Minneapolis, March 18. — A bill before the state Senate Labor Com- mittee would regulate theatrical book- ing agencies, compelling them to register as employment bureaus. Only a few agencies have applied thus far for registration. The bill would prevent an agency or bureau collecting a fee if an em- ploye is called back to work a sec- ond time by the employer. FLY THE CENTRAL, YEAR 'ROUND MAIN LINE AIRWAY Three flights daily offering scenic daylight service and two thru sleepers coast-to- coast without change of planes. Enjoy Mainliner serv- ice on the world's most ex- perienced airline. Reserva- tions: travel agents, hotels or UNITED AIR LINES Airlines Terminal: 30 E. 42nd St. 67 Wall St. Pennsylvania Hotel 649 Fifth Ave. MU-2-7300 (Continued from page 1) Syracuse and three above in Roches- ter and Buffalo. Even the South felt the sting of the unexpected cold wave, with most of the Southern states reporting freezing and below. While temperatures moderated somewhat in the Midwest yesterday, sub-zero cold persisted in Wisconsin and Minnesota and press dispatches set at 79 the death toll in the storms which whipped through the Northen states. Theatre attendance was most se- verely hit in Minnesota and the Da- kotas. Although the blizzard was not as severe in South Dakota as else- where, it cut theatre grosses up to 60 per cent in the area about Sioux Falls, S. D. "Gone With the Wind" suffered most severely in Sioux Falls, doing only 40 per cent of normal weekend business at the State The- atre there, with business off espe- cially in the evening. Northeastern South Dakota was affected by a 12- hour railroad tieup. High winds and snow in the Minneapolis area cut grosses as much as 30 per cent under normal week- end figures even before the blizzard and dropped to 50 per cent below afterwards. West of Minneapolis the situation was worse, with grosses dropping 20 per cent or more in such spots as Fargo and Grand Forks, N. D., and Moorehead and Crookston, Minn. Bus- iness returned to more nearly normal figures yesterday as roads were opened in the affected areas. The blizzard did not strike Chicago, but zero weather had a depressing ef- fect on business. Grosses fell off to some extent at the Loop houses, but affected the neighborhood houses less. Borthwick, Milliken Take Herron Duties (Continued from page 1) former European manager for the M.P.P.D.A., who is now at the home office. As a result of this assign- ment, F. W. Allport, M.P.P.D.A. London representative, has been named European manager. Herron, a lieutenant colonel in the Army reserve corps, retains his titles of treasurer and foreign department manager of the M.P.P.D.A., while on leave of absence for military serv- ice. He reported for duty yester- day at the Adjutant General's office in Washington. House in Ohio Kills Newsreel Measure Columbi s, O., March 18. — Despite pressure by the industry, the bill in- troduced by Representative Ford at the instance of P. J. Wood, secretary of the I. T. O., to eliminate newsreels from censorship, was killed in com- mittee. The Ohio censorship law was en- acted as a police measure, but has be- come a revenue measure, Wood said, in substantiation of which he pointed out that the censor board received $1,073,241 in fees during the past six year while the operating cost of the board was $130,325 during that period. 481 Out of 539 Films Approved in Year By Decency Legion (Continued from page 1) November, 1937, to November, 1940, chere has been an increase of three per cent in the number of pictures classed as objectionable in part, and an increase of five per cent in the number rated as unobjectionable for adults. At the same time, theie has been a decrease of nine per cent in die number classified as unobjectionable for general patronage. The report declares in its preface : "This increase of indecencies in films is perceived not only quantitatively in terms of the statistics, but qualitative- ly in terms of the growing boldness of producers in the choice of film treatment and story material." Of the total reviewed, 50 per cent were rated unobjectionable for gen- eral patronage, 39 per cent unobjec- tionable for adults, nine per cent ob- jectionable in part, and two per cent were condemned. Of the 42 foreign language films re- newed, 12 were of English origin, 21 were French, four Spanish, two Irish, and one each Italian, Mexican and Yiddish. British Production Vital,Commons Told (Continued from page 1 ) istry on behalf of English production. Meanwhile, the Board of Trade has issued a virtual edict that new econo- mies must be applied by the industry in the use of film stocks. Following conferences, Whitehall has officially requested less positive and negative stock be used. The objective is to con- serve shipping space, since most of the stock used here comes from the United States. A united producer front has been developed with the consolidation of the Association of Short Film Pro- ducers and the British Short Film Makers Society — documentary and commercial groups — with the Film Producers Association. A.G.V.A. Meeting in Phila. on April 2 Philadelphia, March 18. — The first general meeting this year of the local branch of the American Guild of Variety Artists has been called for April 1 by Richard Mayo, local ex- ecutive secretary. Intended as a show of membership strength, nominations of officers and a board of directors will be made at the meeting, with elections 30 days later. Pathe Film Dividend The board of directors of Pathe Film Corp. has declared a regular quarterly dividend of $1.75 per share on the $7 convertible preferred stock, payable April 1 to stockholders of record March 24. Coast Chiefs at Quigley Award Presentations (Continued from page 1) of Great States' Granada Theatre, South Bend, Ind. Y. Frank Freeman, president of the Association of Motion Picture « Jucers and Paramount studio made the presentation of the v^Mj plaque to Wheeler. Donald Crisp, rep . esenting Warner Bros., presented tW silver plaque to Callow. Wanger paid tribute to the winners as "the men whose efforts produce the revenues which we in Hollywood use to make more pictures." Wanger stressed the importance of pro- viding to the men in the field a consistent supply of screen entertainment keeping abreast of the times and the market. On the dais were Wanger, E. J Mannix, Dr. A. H. Giannini, Sol Les- ser, Donald Crisp, A-Mike Vogel, chairman of the Managers' Round Table of Motion- Picture Herald; (esse Lasky, Herman Wobber, Harold Lloyd, Harry Rapf and the award winners. Edward Arnold, president of the Screen Actors Guild ; Sheridan Gib- ley, president of the Screen Writers Guild, and J. P. McGowan, executive secretary of the directors guild, were introduced by Wanger. Among others present were Win- field R. Sheehan, Harry Sherman, Irv- ng Asher, Jack Chertok, Jack War- ier, Jr., Carey Wilson, Gordon Hol- lingshead, Daniel T. O'Shea, Albert \. Galston, Ben Wallerstein, Ida '^overman, Fred Beetson, Fred Pel- on, Lou Halper, Charles Koerner. William Stephens, Jane Darwell, Gloria Jean, Edmund O'Brien, Glenn Ford, Martha O. Driscoll, Tex Putter. Kenneth Thomson, Douglas Churchill. Hedda Hopper and Robbin Coons. Col. Sets Deal on English Pictures London, March 18. — Columbia Pic- tures today announced completion of a deal with the recently organized company of George Formby, leading English comedy star, whereby Colum- bia would handle world-wide distribu- tion of two Formby pictures annually. The deal was forecast in Motion Picture Daily last week. It is un- derstood Columbia would undertake financing, wholly or in part, of the Formby productions. Max Thorpe, managing director for Columbia in England, who negotiated the deal, declared that he believes Formby to be an international per- sonality and that the films will be designed for the world market, in- cluding the United States. Sign Ice Show for Film Kansas City, March 18. — The en- tire company of the "Icecapades" show now appearing at the Plamor here, has been signed by Republic for a picture. The contract was nego- tiated by John Harris, Pittsburgh cir- cuit head and president of the ice show corporation, and M. J. Siegel, president of Republic Productions, Inc. Wednesday, March 19, 1941 Motion Picture Daily 5 | Griffis Buys 1,000 Paramount Shares Washington, March 18. — Acquisi- tion of 1,000 shares of Paramount Pictures common stock by Stanton Griffis, New York director, giving him a total of 7,500 shares, was the largest of the few transactions of film officials in the securities of their com- panies reported today by the Securi- ties and Exchange Commission in its \~- January summary. ,ie only other personal acquisition •» icported was 400 shares of Consoli- dated Film Industries preferred stock by Walter P. Stevens, Scranton, Pa., director, who held 400 shares at the close of the month. Stevens also filed reports for December showing the ac- quisition of 900 shares and the dis- position of 1,000 shares of preferred, and the acquisition of 153 shares and the sale of 500 shares of common stock. Consolidated Film Dealings Also in Consolidated, E. H. Sei- fert, Fort Lee, N. J., director, re- ported the disposition of 100 shares of preferred, all he held. In General Theatres Equipment, R. B. Laure re- ported the disposition of 100 shares of capital stock, leaving him with 500 shares, and in Universal Corp. Daniel M. Sheaffer reported that in Decem- ber he acquired 100 common voting trust certificates and in January sold a similar quantity. Another 60 shares of Loew's Bos- ton Theatres common stock was ac- quired by Loew's Inc., giving it a to- tal of 117,847 shares. Disposition of 600 shares of Class A common stock of Columbia Broad- casting System, by gift to his family, was reported by Isaac D. Levy, who held 60,146 shares at the close of the month. Four Stories Purchased In Week for Production Official Asks Probe Of Game in Buffalo Buffalo, March 18. — An investiga- tion of the Granada Theatre's chance game for children has been asked by District Attorney Leo J. Hagerty in a letter to Austin J. Roche, Buffalo's new Police Commissioner. Hagerty suggested that "such action be taken as the facts warrant." Hagerty said he contacted the Rev. Xiel Crawford, clergyman who had protested the game, and that facts in- dicate the game is a possible violation of the state lottery law. Louis Le- vitch, manager of the theatre, a Schine house, said: "If people feel that the game is wrong I certainly will cooperate by discontinuing it im- mediately." Hollywood, March 18 FOUR stories were purchased last week by various studios. M-G-M bought "Jackass Mail," original by C. Gardner Sullivan to star Wal- lace Beerv. Columbia acquired Sam Marx's original. "Side Street," story of a tabloid newspaper editor, and Marx will produce it. Republic purchased "Washington Correspond- "Sun Valley," at 20th Century-Fox. . . . David O. Selznick has signed Rose Franken and William Brown Meloney to adapt "Claudia," from the New York stage play written by Miss Franken. . . . Frank McHugh, Ward Bond, Joyce Compton and Barbara Pepper will support Mar- lene Dietrich and George Raft in Warners' "Manpower," directed by Raoul Walsh. . . . Paramount has signed William Cabanne, son of Christy Cabanne, veteran director, to a term acting contract. Report of T.N.E.C. Riles Justice Dep't Washington, March 18. — The De- partment of Justice has no quarrel with the report of the Temporary National Economic Committee with regard to the picture of the growth of the film industry and its practices, but it is understood not willing to accept the monograph's view of the consent decree. Assistant Attorney General Thur- man Arnold is out of the city and could not be reached today for com- ment. The matter is being held in abeyance pending his return. ent," by Charles E. Blake, local news- paper reporter, and Warners, "Pass- age from Hongkong." by Earl Derr Biggers. • • Last two weeks in March will see the start of five Monogram produc- tions, an unprecedented spurt of activ- ity for the company in that period of time. First to start was Scott R. Dunlap's "Widows of the Press," with Jean Parker, Wallace Ford, Jed Prouty, Dennis Moore and Bob Praser topping the cast and Phil Rosen directing. Bela Lugosi's vehicle, "The Phantom Monster," be- ing produced by Sam Katzman, be- gins this week with Joseph Lewis di- recting. • • Producer Lindsley Parsons will place "King of the Zombies" in work March 25, and Jean Yarborough will direct. "Redhead," story by Dorothy Reid, Betty Burbridge and Conrad Seiler, will be produced by I. E. Chadwick starting March 27. Edward Finney's special, "The Pioneers," based on a story by James Fenimore Cooper, will start at the end of the month. It will star Tex Ritter and "Arkansas Slim" Andrews, with Al Herman scheduled to direct. e • "Robert E. Lee" will be the first the 1941 -'42 season's historical pa- triotic shorts at Warners. Sidney Blackmer gets the name role in the script being written by Owen Crump. . . . Joan Bennett will appear oppo- site Walter Pidgf.on in "Man Hunt," new title for "Rogue Male," novel by Geoffrey Household. Fritz Lang directs. Lucile Ball and Desi Aknaz get the romantic leads in RKO's picture which will star Edgar Bergen, Charlie McCarthy. Fib- ber McGee and Molly. Allan Dwan will produce and direct from a script by James V. Kern. . . Nancy Kelly has been borrowed from 20th Century-Fox to appear with Robert Preston as the romantic leads of RKO's "Parachute Battalion." . . . Twentieth Century-Fox has signed Jules Furthmax, Joan Harr'S >x and Anne Morrison Chapix. writers. • • Jaxe Mirfix will do the script for "Strange Victory." Sol Lesser pro- duction to star Martha Scott. . . . Jerrold T. Braxdt has signed Mil- dred Coles for the feminine lead of the next Scattergood Baines picture, "Scattergood Pulls the Strings." . . . She also goes into "Hurry. Charlie, Hurry." Leon Errol vehicle at RKO. . . . Paramount has promoted Film Editor Hugh Bennett to director and his first assignment will be "Henry for President." next in the series of Aldrich Family pictures. . . . Ted Tetzlaff. Paramount cinematograph- er, also has been given a chance at direction, drawing the guidance of "World Premiere" as his first. • • Cobina Wright, Jr., has switched roles with Lynn Bari. The former goes into "Miami" and the latter, May Seek Texas Tax on Receipts Austin, Tex. — A V/i per cent gross receipts tax is be- ing suggested by Representa- tive J. N. Reed, member of the state legislature, that will apply to theatre tickets, sports, and athletic events. By levying such a tax, S500,- 000 a year would be collected. Religious, charitable organ- izations and educational asso- ciations would be exempt. Michael Curtiz' directorial con- tract has been extended by Warners. . . . Regis Toomey, because of pre- view reaction to his work in "Meet John Doe," has been given an impor- tant part in "Dive Bomber," starring Errol Flynn and Fred MacMurray at Warners. . . . Jinx Falkenberg, photographers' model, has been set for a top role in Columbia's "Girls from Panama." . . . Joseph Schildkraut joins Charlie Ruggles, Ellen Drew and Phil Terry in Paramount's "Par- son of Panamint." . . . Second of the series of Warner two-reel shorts taken from well known short stories will be "The Rells," from a story by Leopold Lewis, and third will be "The Mon- key's Paw," from a story by W. W . Jacobs. . . . Nils Asther has been given a role in "Forced Landing." William Pine-William C. Thomas production for Paramount release. . . . Cliff Nazarro, now working in Re- public's "Rookies on Parade," goes in- to Warners' "Navy Blues." . . . Em- mett Lynn has been cast for "Para- chute Battalion," RKO. Rochelle Hudson, Bruce Bennett and Roger Pryor head the cast of Columbia's "The Officer and the Lady." with Sidney Blackmer, Oscar O'Shea and Tom Kennedy in sup- porting roles. Sam White directs under supervision of Leon Barsha. . . . Jane Darwell and Simone Si- mon have been added to the cast of "A Certain Mr. Scratch," first of the William Dieterle productions for RKO release. Thomas Mitchell, Walter Huston. Anne Shirley, James Craig, Gene Lockhart and John Qualen are in the other roles. 6 Motion Picture Daily Wednesday, March 19, 1941 Technicolor 1940 Net Profit $882,125 Technicolor, Inc., yesterday reported consolidated net profit for 1940 of $882,125 after all charges and Federal taxes. The result compares with net profit of $912,614 for the preceding- year. The report states that its English subsidiary, Technicolor, Ltd., had a loss of approximately $42,000 during 1940, but that operations in the plant near London will be continued. The company's consolidated bal- ance sheet shows current assets of $4,327,543, of which $3,705,566 is cash, and current liabilities of $807,943. Technicolor's net sales for the year amounted to $5,103,404, and approxi- mated 80,632,000 feet, compared with 70,126,156 feet of positive prints in 1939. The report of Herbert T. Kalmus, president, states that for the period from last October to January, print footage sales amounted to approxi- mately 32,500,000 feet. He reports progress on the devel- opment of a monopack negative to re- place Technicolor's present three- strip process but makes no definite prediction for its commercial introduc- tion for release prints. Kalmus indi- cates, however, that monopack will be ready for use as originals. Bela Lugosi Signed Hollywood, March 18. — Bela Lu- gosi has been signed by Sam Katz- man to star in three horror films for Monogram release. The first will be ''The Phantom Monster." Feature Review "Man-Made Monster" (Universal) A LTHOUGH the theme of this film is somewhat preposterous, delv- ing into the weird results of the experiments of a crack-brained scientist, the picture has its moments of excitement and suspense for the run-of-the-mine film fans, who do not ask too many questions of their screen diet, as long as it is filling. Lionel Atwill, Lon Chaney, Jr., Anne Nagel, Frank Albertson and Samuel S. Hinds are most prominently cast in this adaptation to the screen of a story, "The Electric Man," which, incidentally, might have been an even better title than that selected. George Waggner, who directed, contrived to keep the film moving with reasonable skill. Jack Bernhard was associate producer. As the story has it, Atwill, scientist associate of Hinds, finds a ready subject for his experiments when Chaney is discovered to have survived electrocution when a bus in which he was a passenger crashed into power lines. Atwill's theory is that he can make individuals completely dependent upon supplied electricity, making them virtually robots. He succeeds with Chaney, who kills Hinds. The film reaches a far-fetched but novel climax when Chaney, charged but unhurt by the power appli- cation in the electric chair, stalks out of the prison as a walking electric chair himself, and settles accounts with Atwill before he dies when his electrical power leaves him. Running time, 60 minutes. "G."* Charles S. Aaroxson *"G" denotes general classification. 3 Producers Leave N. Y. Theatre League George Abbott, Howard Lindsay and Russell Crouse were reported last night as having resigned from the League of New York Theatres because of the organization's suit against the Dramatists Guild. A * M * P * A GOES DOUBLE FEATURE! Something for everybody at our next talk-of-the-industry luncheon. THURSDAY, MARCH 20 AT 12:45 SHARP HOTEL EDISON-SUN ROOM "The Merchant of Menace" ARTHUR MAYER New York, Managing Director, Rialto Theatre, speaking on it I PLAY THE BAD ONES ★ ★ ★ ACNES MENCEL CREW Director, Women's Institute of Audience Reactions "WHAT DO YOU WANT TO KNOW ABOUT WOMEN?" * ★ ★ ROASTMASTER— Lou Pollock,. Universal Pictures EXTRA! -SIMONE SIMON-WENDY BARRIE- EXTRA! PLUS SURPRISES— all with super quality food at $1.25 including tip! Phone Miss Gleitzman, Circle 6-5000 for full tables (10). SILVER JUBILEE — APRIL 4 — BENEFIT AMP A RELIEF FUND Reels, Networks to Tour Army Centers Newsreels and radio networks have been invited by the Army to make a two-week tour of inspection of the 13 points at which Army activities are concentrated. The tour, which will start tomorrow from Boiling Field, Washington, came as the result of a shakeup in Army publicity staffs. It was pointed out that key news- paper men were taken on such a trip last Fall but motion picture and radio interests were omitted. Photo serv- ice representatives will also be in- cluded this time. The tour will be made by air in Army bombing planes and will end in Hollywood where defense films will be inspected. Newsreel representatives will be : William Montague, Paramount News ; George Dorsey, RKO Pathe ; Earl Allvine, Movietone News ; James Lyons, from Universal Ncwsreel's Washington office, and Charles Matthews (tentative). News of the Day. Representing the networks will be Arthur Feldman, NBC; William Slocum, CBS, and Madeline En- sign, of WOL, Washington, repre- senting Mutual. Seek Mexico Ruling On German Picture Mexico City, March 18. — The Mexican Federal Attorney General has been asked to determine whether a picture imported duty free as an educational film must pay duty, since it subsequently was shown publicly for profit. The film at issue is the German documentary picture on the last Olympic Games held in German)', which was imported by Angel Tru- chuelo Robles. The ruling of the Gov- ernment is awaited with interest by the industry, since it is expected to set a precedent. 'Dictator' Is Philadelphia Hit at $14,500 Philadelphia, March 18. — In spite of snow and slush opening day, "The Great Dictator" gave the Stanton an unusual week with $14,500. The hou«^ scale, normally 57 cents, was chat*-:-, to 68 cents to conform with the qMpP downtown first run houses. Grosses at most of the other theatres continued at about average levels. Estimated receipts for the week- ended March 12-14: "Fantasia" (Disney) ALDINE — (1.400) (86c-$1.14-$1.71) 7 days, 4th week. Gross: $8,500. (Average. $9,000) "Flight Command" (M-G-M ) ARCADIA— (600) (35c-46c-57c) 3 days, 2nd run. Gross: $900. (Average, $2,600) "Mr. & Mrs. Smith" (RKO) BOYD— (2.400) (35c-41c-46c-57c-68c) 7 davs. Gross: $14,600. (Average. $13,000) "The Trial of Mary Dugan" (M-G-M) EARLE — (4.000) (35c-41c-46c-5/c-68c) 7 days. Vaudeville including Clifford C. Fischer's "Folies Bergere" unit with Senor Wences, Gloria Gilbert, Herman Hyde, Red Donahue. Three Martels & Mignon, Denas &• Dubins, John Leopold. Lily Sandan, Era- mett Casey. Xan Merriman and Myrtill. Gross: $18,300. (Average, $14,000) •WLd Man of Borneo" (M-G-M) FA\"S-(2.190) (15c-29c-35c-46c-57c) 7 davs with vaudeville including Jo-Ann Carroll, Charmaine. Betty Jane Smith, Ross & Ben- nett. The Dodo Boys. Carr Bros., and Bobbv Bernard. Gross: $6,000. (Average, $6,900) "Sc Ends Our Night" (U. A.) FOX— (3.000) (35c-41c-46c-57c-68c) 7 days. Gross: $13,000. (Average, $13,000) "Land of Liberty" (M-G-M) KARLTON— (1.000) (35c-41c-46c-57c-68c) 7 days. Gross: $1,900. (Average, $3,000) "This Thing Called Love" (ZOth-Fox) KEITH'S — (2.200) (35c-41c-46c-57c-68c) 7 days, 2nd run. Gross: $4,500. (Average, $4,500) "Tcbacco Road" (20th-Fox) STAXLEY— (3,700) (35c-41c-46c-57c-68c) 7 days. $14,700 ; 3 days. 2nd week, $3,100; 10- dav average. Gross: $17,700. (Average. $14,000) "The Great Dictator" (U. A.) STANTON— (1,700) (35c-41c-46c-57c-68c) 7 davs. Gross: $14,500. (Average, $4,500) M-G-M Files Counter Claim in Roach Suit Loew's, Inc., and M-G-M Distrib- uting Corp. yesterday filed an answer in the U. S. District Court here to the $1,263,993 damage suit of Hal Roach Studios, Inc., in which a count- er-claim is made against Roach for an estimated $500,000. The answer charges Roach with violating five distributing contracts by charging higher production costs for films than actually incurred and by allegedly including cost items pro- hibited in the contracts. The defend- ants say the exact amount of damages, unknown to them, would be disclosed by an examination of Roach's books. The answer denies all substantial charges made in Roach's complaint and raises two affirmative defenses affecting part of the complaint. One defense claims that four of the six causes of action are barred by the statute of limitations. This defense refers to three contracts made prior to 1934. The suit, filed in January', charged M-G-M violated provisions of five re- leasing contracts with Roach, includ- ing alleged failure to push sales of films, failure to allow for tax returns, and improper charges of positive print costs. Wednesday, March 19, 1941 Motion Picture Daily 7 Short Subject Reviews Note Pa. Gain in Non-Theatricals Wilkes-Barre, Pa., March 18. — A decided increase in (non-theatrical showings of motion pictures has been no- ticed here with churches, civic organizations and schools booking educational, religious or commercial shows. Many of the programs are announced in news items ^=^in local papers. 'Hudson's,' Show Minneapolis Top Minneapolis, March 18. — "Hud- son's Bay," coupled with a stage show, drew a big $8,800 at the Or- pheum. "Western Union" did a healthy $8,500 at the State. Estimated takings for the week ending March 14 : "Western Union" (20th-Fox) STATE — (2,300) (28c-39c-44c) 7 days. ; Gross: $8,500. (Average, $6,000) "Hudson's Bay" (W. B.) ORPHEUM — (2,800) (28c-39c-44c-55c) 7 days. With Jane Fioman, Gray Gordon's band on stage. Gross: $8,800. (Average, , $5,500) "Ride Kelly Ride" (20th-Fox) (5 days) "Blackout" (U. A.) (5 days) "Meet the Chump' (Univ.) (2 days) "Devil's Command" (Col.) (2 days) ASTER— (900) (15c-28c) 7 days. Gross: $1,800. (Average, $1,800) "Dr. Kildare's Crisis" (M-G-M) GOPHER— (998) (28c) 7 days. Gross: $2,500. (Average, $2,500) "Virginia" (Para.) WORLD— (350) (28c-39c-44c-55c) 7 days, 3rd week. Gross: $2,500. (Average, $1,600) "Mr. and Mrs. Smith" (RKO) CENTURY— (1.600) (28c-44c) 7 days. 2nd week. Gross: $5,000. (Average. $4,000) Snowstorm Wrecks New Haven Grosses New Haven, March 18. — The snow- storm took a heavy toll of local busi- i ness. "Western Union" and "Blondie ' Goes Latin" at the Loew-Poli grossed $7,500. The Roger Sherman, with 1 "Footsteps in the Dark" and "Remedy 1 for Riches," drew $4,300. Estimated takings for the week end- i ing March 14 : "The Son of Monte Cristo" (U. A.) "Michael Shayne, Private Detective" (2»th- Fox) COLLEGE— (1,499) (39c-50c) 7 days, 2nd week. Gross: $2,000. (Average, $2,700) "Western Union" (ZOth-Fox) "Blondie Goes Latin" (Col.) LOEW-POLI— (3,040) (39c-50c) 7 days. Gross: $7,500. (Average, $8,000) "The Mad Doctor" (Para.) "The Monster and the Girl" (Para.) PARAMOUNT— (2.348) (39c-50c) 7 days. Gross: $4,000. (Average, $4,500) "Foosteps in the Dark" (W. B.) "Remedy for Riches" (RKO) ROGER SHERMAN— (2.200) (39c-50c) 7 days. Gross: $4,300. (Average, $5,000) Ga. House Passes Projectionist Bill Atlanta, March 18. — The Georgia House of Representatives has passed a measure requiring all film theatre projectionists in the state tu obtain licenses and pass examinations con- ducted by the State Fire Inspector. The bill, sponsored by circuit oper- ators, gives equal rights to license holders to operate anywhere in the state. "Picture People, No. 7" (RKO-Pathe) Many film and radio stars appear in this issue of "Picture People." Jack Benny, in an amusing sequence with his gag writers, and Gracie Allen and George Burns painting and posing, re- spectively, provide the highlights. Ad- ditionally, are seen Margaret Lindsay learning to rhumba, Lum and Abner in character and in real life, and Joe E. Brown exhibiting a collection of sport souvenirs. Running time, 10 mins. "Information, Please, No. 7" {RKO-Pathe) Anna Neagle, in a return appear- ance as guest expert among the wiz- ards of "Information, Please," suc- ceeds in stealing at least part of the show. The group follows its familiar but altogether pleasing pattern of questions, answers and quips. A weight guessing contest, and a Gilbert & Sullivan duet by Franklin P. Adams and Miss Neagle add to the gaiety. Running time, 10 mins. "Delhi" (Paramount) A host of colorful, highly photo- genic characters and structures are recorded in this so-called "Fascinat- ing Journey" to Delhi in northern In- dia. The commentary recounts the history of the city while the camera moves about slowly, at times almost tediously, taking note of the intrigu- ing tombs, palaces and the like. The color camera had ideal material in this instance. The travelogue addict, especially, should enjoy this. Running time, 11 mins. "Unusual Occupations" (Paramount) A varied assortment of oddities, filmed in color, makes a worthwhile presentation, especially where variety is needed on the program. The sub- jects are a collection of crown jewel creations, a Connecticut hobbyist who creates unique designs with yarn and linen, an amateur locomotive builder, a traveling beauty studio, a feminine bull fighter and a newspaper cartoon- ist, Clifford McBride, at work. Run- ning time, 11 mins. "Going Places, No. 87" ( Universal ) Bar Harbor and x\rcadia National Park are explored here with both camera and commentator placing em- phasis on the estates of the rich Sum- mer inhabitants and the occupations of the not-so-rich natives. Repeated reference is made to the historical significance of the points visited. The short is instructive, although not very entertaining. Running time, 9 mins. "Sun Fun" (Paramount) This Grantland Rice "Sportlight" pictures the sporting activities at Sun Valley, Idaho, where swimming is a Winter pastime and ice skating is on the Summer program. The snow-cov- ered mountains, over which the ski experts glide, are particularly pic- l turesque. Running time, 10 mins. "Bob Chester and His Orchestra" (Paramount) The up and coming Bob Chester, his bandsmen and Betty Bradley and Bill Darnell, vocalists, all perform adequately, but there is little to dis- tinguish the short from the usual mu- sical. There are renditions of "On the Sunny Side of the Street," "Deep River" and "Chesterwoogie," the lat- ter being a spirited jive number. Run- ning time, 10 mins. "Screen Snapshots, No. 6" (Columbia) With Larry Simms, the youngster in the "Blondie" series, acting as guide-in-chief, the audience is taken to the Navy training station at San Diego and to an army post. George Burns and Gracie Allen are seen en- tertaining the middies with their silly chatter while at the soldiers' camp, Abbott and Costello become involved in an amusing conversation on base- ball. Rita Hayworth then demon- strates how the conga should be exe- cuted. This is entertaining, although there is only a minimum of Holly- wood talent on view. Running time, 10 mins. "Western Wonderland" (Columbia) Producer Andre de la Varre here offers an interesting study of the Grand Canyon and the Sequoia for- ests. The enormous rocks and the huge trees have been photographed effectively at various angles while off-screen comment is made on the dimensions. The immensity of the canyon is recorded with startling ef- fect. It is a splendid subject. Run- ning time, 10 mins. "Movie Magic" (Columbia) Something different in the way of short subject entertainment, this "Cine- scope" amusingly follows the manu- facture of lipstick from raw material to finished product in the first half, and in the latter part depicts the pro- duction of magicians' devices and their use in creating illusion. These in- clude the headless-woman and man- sawed-in-half acts. This is highly enjoyable. Running time, 10 mins. "Popular Science" (Paramount) Here are seen the use of motion picture film in a Broadway advertis- ing sign, an ultra modern kitchen, a microbe farm in North Carolina, a sneeze catcher and an airmail service for remote towns. The subject mat- ter is amusing and entertaining and forms a splendid addition to an in- teresting series. Running time, 11 mins. "Red, White and Blue Hawaii" (Paramount) This Paramount "Paragraphic" un- dertakes to acquaint audiences with the industrial aspects of Hawaii and the island's defense forces. The sugar and pineapple industries are examined thoroughly. The short is in color. Running time, 11 minutes. Para, to Release New Short Series Paramount will release a series of six one-reel short subjects as part of its 1941 -'42 program, titled "Hedda Hopper's Hollywood," it was an- nounced yesterday by Russell Holman, eastern production manager. The shorts will feature notables of the film world, at work and play, with commentary by Miss Hopper. First in the series is now before the cameras at the Hal Roach Studios, with Her- bert Moulton producing. 'Hardy' at $22,500; Snow Hurts Capital Washington, March 18. — The worst snowstorm of the Winter turned downtown streets into seas of slush and cut heavily into business. Box- office leader was "Andy Hardy's Pri- vate Secretary," combined with a stage bill at Loew's Capitol, which took $22,500. Estimated takings for the week end- ing March 12-13 : "Western Union" (ZOth-Fox) LOEW'S PALACE — (2,300) (39c-55c) 7 days. Gross: $10,500. (Average, $15,000) "Andy Hardy's Private Secretary" (M-G-M) LOEW'S CAPITOL— (3,434) (28c-39c-55c- 66c-77c) 7 days. On stage: Larry Adler, Watson Sisters, Alexander & Santos Revue, Thompson Bros. & Norma. Rhythm Rockets. Gross: $22,500. (Average, $15,500) "Adam Had Four Sons" (Col.) WARNER'S EARLE— (2.200) (28c-39c-55c- 66c -77c) 7 days. On stage: Vikings & Mary Dooley, Ferdinand the Bull, Ralph Olsen & Lynn Shirley, Jeanne Brideson. Roxyettes. Gross: $12,900. (Average, $15,000) "Mr. and Mrs. Smith" (RKO) RKO -KEITH's — (1.834) (39c-55c) 7 days, 2nd week. Gross: $9,500. (Average, $8,000) "Arizona" (Col.) WARNER'S METROPOLITAN — (1,600) (28c-44c) 7 days, return engagement. Gross: $4,200. (Average, $4,500) "The Philadelphia Story" (M-G-M) LOEW'S COLUMBIA— (1,250) (28c -44c) 7 days, return engagement. Gross: $6,000. (Average, $4,000) 'Tobacco' Garners $12,000, Baltimore Baltimore, March 18. — Stormy weather over the weekend sent busi- ness off to a poor start. "Tobacco Road" drew $12,000 at the New and "The Saint in Palm Springs" with a stage show at the Hippodrome drew $20,000. Estimated takings for the week end- ing March 13 : "So Ends Our Night" (U. A.) CENTURY — (3,000) (28c-44c) 7 days. Gross: $10,500. (Average, $10,000) "Nice Girl?" (Univ.) KEITH'S— (2,406) (15c-28c-33c-44c) 7 days. 2nd week. Gross: $8,500. (Average, $9,000) "Tobacco Road" (2»th-Fox) NEW— (1.581) (15c-28c-35c-55c) 7 days. Gross: $12,000. (Average, $7,000) "Virginia" (Para.) STANLEY— (3,280) (15c-28c-39c-44c-55c) 7 days. Gross: $12,000. (Average, $12,000) "The Saint in Palm Springs" (RKO) HIPPODROME — (2,205) (15c-28c-39c-44c- 55c-66c) 7 days. Bolstered by stage show of Tommy Dorsey and his Orchestra, plus Pied Pipers and Dorsey 's other radio art- ists. Gross: $20,000. (Average, $14,000) Ilona Masse y Signed Hollywood, March 18. — Ilona Mas- sey has been signed to a long term starring contract by Edward Small. Her first assignment will be a lead- ing role in "G-Man vs. Scotland Yard," which Small will produce for United Artists release. s Motion Picture Daily Wednesday, March 19, 1941 NAB Appoints Committee for Ascap Parleys Off the Antenna SENATOR PHELPS PHELPS, WINS commentator, yesterday spon- sored a resolution in the New York State legislature praising radio as serving a great public function in bringing cultural entertainment and relaxa- tion to millions in this country. The Phelps resolution asks the Senate to felicitate the U. S. Secretary of State "on completion of an important step in the public interest" in conjunction with the frequency changes effective March 29. • • • Purely Personal: llrilliam Spier, formerly producer-director with Batten, Barton, Durstine & Osborn, has been named CBS director of scripts, suc- ceeding Max Wylie, resigned. . . . Raymond F. Guy, NBC engineer, wilt address the N. Y. Electrical Society on FM tonight. . . . William Rousseau, Young & Rwbicam director, became the father of a ly^-pound boy Mon- day. . . . N. B. McClancy, NBC traffic chief, is in Hollywood on business. . . . Boake Carter, Mutual commentator, will be guest on Walter Compton's "Double or Nothing" over Mutual Sunday. . . . Arch Kepiwr has been named IVQXR chief announcer to succeed William D. Strauss, who joins the Army tomorrow. • • • WHN, second oldest station in New York City, celebrates its 19th birthday today. • • • General Electric's two short wave stations in Schenectady, WGEA and WGEO, have made arrangements to have 40 Latin American long wave sta- tions rebroadcast a new Spanish show, "The Old Fashioned Revival Hour," which will be launched Sunday. The program, which is a non-sectarian religious period in Spanish, will be carried by WGEA Sundays from 4 to 4:30 P.M. for the rebroadcasts and will be aired again at 9 P.M. by WGEO for Latin American listeners. • • • Program News: General Mills zvill sponsor "Hymns of All Churches" 9:45-10 A.M. Mondays, Tuesdays and Thursdays over 33 CBS stations be- ginning March 24. On Wednesdays and Fridays "Betty Crocker" will be heard under the same sponsorship. . . . Kirkman Soap has renewed "Betty & Bob" for an additional 13 weeks, effective April 7, over WEAF. . . . S. B. Thomas, Inc., has renewed Don Goddard's 7:30-7:45 A.M. newscast Tuesdays, Thurs- days and Saturdays over WEAF effective April 15. • • • Film Players on the Air: Dick Powell will co-star with Wendy Barrie on the CBS "Campbell Playhouse" Friday. . . . Myrna Loy will be guest of Edgar Bergen over NBC-Red Sunday. . . . Robert Taylor, Walter Pidgeon and Ruth Hussey will be heard on the CBS "Lux Radio Theatre" Monday. . . . Luise Rainer will appear on "What's Your Idea" over NBC- Red Sunday. . . . Paul Muni will portray Edwin Booth in a new "Caval- cade of America" series over NBC-Red Monday, March 31. Fly and Roosevelt Talk on FCC Policy Washington, March 18.— FCC Chairman L. Fly today visited the White House where, he said, he discussed "matters of policy" with President Roosevelt. Fly would not amplify his statement but it is believed he acquainted the President with the latest developments in television, the monopoly report and other current a tivities of the commission indicate to President Roose velt the nature of the situa- tion which Ray C. Wakefield, new member, will face when he takes office this week. {Continued from page 1) ready to discuss the matter as soon as the broadcasters are. The committee is headed by Neville Miller, president of the N.A.B. and BMI. Others are Edwin W. Craig, WSM, Nashville; Walter J. Damm, WTMJ, Milwaukee; John Elmer, WCBN, Baltimore ; Mark Ethridge, WHAS, Louisville; John J. Gillin, Jr., WOW, Omaha; Harold Hough, WBAP, Fort Worth; Herbert Hol- lister, KANS, Wichita; Edward Klau- ber, CBS ; Paul W. Morency, WTIC, Hartford; Samuel R. Rosenbaum, WFIL, Philadelphia: John Shepard III, Yankee network ; Theodore C. Streibert, Mutual ; Niles Trammell, NBC, and William West, WTMV, East St. Louis. Will Suggest Armistice Ascap has no definite proposals pre- pared in advance for presentation at the initial meeting. It will, however, make the suggestion that an armistice be declared pending the conferences with the N.A.B. committee and the subsequent negotiations with the net- works and stations which will have to follow. Under such armistice, Ascap music would be returned to the air immediately and the subse- quent agreement would be made re- troactive to the first day of the armistice. Man}'' broadcasters, however, are firmly opposed to this method because of the belief that it would be difficult to remove Ascap music from the air for a second time if it became nec- essary to do so because of the break- down of negotiations. Individual Consent Needed The joint meetings will be in the nature of conferences rather than ne- gotiations. If a licensing formula can be reached, it will still be necessary to obtain the consent of the individual stations and networks, and if no agree- ment is reached with the N.A.B. com- mittee, Ascap will be free to ap- proach such stations and networks for individual contracts. Ascap officials anticipate that one of the greatest problems involved in the meetings with the N.A.B. will be the future status of BMI. Ascap believes that the broadcasters will make some effort either to dispose of BMI entirely by sale, or drop it and ask Ascap to assume some of the cost. However, some broadcasters believe that the only way radio can hope to have a free market in music is to continue BMI. Ascap officials said they had no suggestions to offer in this matter. Illinois Bill Would Regulate Ascap Fees Springfield, 111., March 18. — A measure which would prohibit Ascap from operating in Illinois as an illegal monopoly was introduced in the As- sembly here today. The measure would void all existing contracts for public performances of music con- trolled by organizations such as As- cap, except in instances where the licensee had paid a "reasonable" charge. The hill carries penalties up to $5,000. Canadian Press in Fight Against CBC Toronto, March 18. — The Cana- dian Press, news-gathering organiza- tion of the daily newspapers in the Dominion, has struck back at the Canadian Broadcasting Corp., follow- ing the cancellation of its news ser- vice for radio broadcasts over the Government network, by the decision that the Canadian Press bulletin ser- vice "may be sold for commercial sponsorship on the air under terms and conditions to be determined by the board of directors." This is the opening gun in a battle between the cooperative news service, backed by the daily press of the Do- minion, and the broadcasting chain of the Canadian Government. Never in harmony because of competitive re- lease of topical material, CBC re- cently widened the breach through a regulation that commercial sponsor- ship of newscasts was prohibited and also through the setting up of its own news organization with a staff of edi- tors and reporters, thus terminating an agreement with the Canadian Press. Form Theatre Firm Springfield, 111., March 18. — A state charter has been granted to Rio Amusement Corp. of Chicago. WMCA Adds Nine Talent Programs In the first major program realign- ment since the new management took over WMCA, the station disclosed yesterday that starting next week it will have nine new talent shows pre- senting 20 broadcasts weekly for a total of seven hours a week. The major addition will be novelty musical presentations prepared by Joseph Rines, recently appointed mu- sical director who assumes his duties with the station Saturday. Rines will split the studio orchestra into spe- cialized units for popular, serious and novelty programs. The new programs are "Open House," with Rines and Nita Carol, Jerry Baker and "Mr. Hollywood," Mondays through Fridays, 4 :30-5 P.M. ; "Curtiss & Colby," a two-piano team with Lucille Johnson, soloist, Mondays, Wednesdays and Fridays, 6 :45-7 P.M. ; Stuart Allen, formerly a soloist with Richard Himber's band, and an orchestra, Mondays, Wednes- days and Fridays, 7:30-7:45 P.M.; "Memory Lane," with the studio or- chestra, Mondays and Fridays, 8 :30- 9 P.M. ; "Concert Hall," recorde 1 popular classics, Mondays through Fridays, 9-9 :30 P.M. ; a string en- semble, Tuesdays and Thursdays, 6:45-7 P.M.; "Old Ireland," Tuesdavs and Thursdays, 7:30-7:45 P.M.; "Tintypes," with Walter Scanlon, soloist, and the studio orchestra, Tues- days 8:30-8:45 P.M., and "Familiar Waltzes" with the studio orchestra Thursdays, 8:30-9 P.M. '26 by Corwin9 New CBS Workshop Show Norman Corwin, CBS director-pro- ducer, on April 27 will take over the Columbia Workshop program on Sun- day evenings for a 26-week series of dramatic presentations. The series will be known as "26 by Corwin." Network officials said this will be the first time that the Workshop has been put in the hands of one director. Tn addition to producing and direct- ing the show, Corwin will write orig- inal scripts for the programs, and he may take a part in some of them. For the first, he has scheduled a verse play titled "Appointment," in which he plans to do the narration. The program is broadcast 10:30 to 11 P.M., with a repeat for the West Coast. Television Eager for Ascap Peace So Films Can Be Put on the Air Television interests are looking forward eagerly to the settle- ment of the broadcasters' dispute with Ascap because of its effect on the use of films over the air. As a curious side issue in the major music battle, telecasters found that most motion pictures, both those made for theatres as well as advertising films, used Ascap compositions for background music. As a result, few films have been seen on television sets since the first of the year when the Ascap contracts with broadcasters ex- pired. To television, film programs are of the utmost importance because they are relatively inexpensive as compared with studio presentations. With a settlement of the music fight imminent, television officials are wondering what terms Ascap will seek for the continued use of the society's music on the new medium. 1 'as*- TON Alert. PICTURE First In 49. NO. 55 NEW YORK. U.S.A., THURSDAY, MARCH 20, 1941 TEN CENTS -_ > , Committees on Film Defense Effort Named Schaefer Heads National Coordinating Group Heads of 30 industry organiza- tions were named yesterday ?.s members of the Motion Picture Committee Co- operating for National De- fense in an en- largement of the group designed to include in its membership rep- resentation of all industry ele- ments. George J. Schaefer, RKO president, is chair- man of the Na- George Schaefer tional Coordinat- ing Committee and Francis S. Harmon of the M. P. P. D. A. is coordinator. The national coordinating committee also has been designated to function for the sponsoring committee of 30. More than 9,000 theatres have signed certificates of cooperation with the committees, and an additional 3.000 theatres are expected to partici- pate, according to Harry Brandt, who has been active in the field organi- zation work among exhibitors. The 30 members of the national com- (Continued on page 4) High Court to Hear Anti-Ascap Appeals Washington, March 19. — The U. S. Supreme Court has directed that arguments on appeals to determine the con- stitutionality of anti-Ascap legislation enacted by Florida and Nebraska be presented to it concurrently. The hear- ings are tentatively sched- uled for the end of April, and will be the first Supreme Court hearing on the consti- tutionality of such legisla- tion. As a result of the pro- cedure prescribed by the high court, the Nebraska hearing will be set back about four weeks. It was originally scheduled for argu- ment April 7. New York Demands License for Every Coin Film Machine New York City License Commis- sioner Paul Moss yesterday an- nounced that he was starting a cam- paign to compel all coin-in-the-slot film machines to obtain licenses. At the same time he issued an invitation to all manufacturers and distributors to meet with him for the purpose of formulating rules and regulations con- cerning these machines. Moss declared that the matter of fees and the character of the place where such machines would be per- mitted are matters that will be settled in conferences with manufacturers and distributors. He added that the law which requires the licensing of such machines. Chapter 32, Article 2, Sec- (Continued on page 4) Columbia Six-Month Net Profit $307,006 Columbia Pictures Corp. yesterday reported net profit of $307,006 after all charges and provision for Federal taxes for the six months ended last Dec. 28. The result compares with net profit of $215,582 for the correspond- ing six months of the preceding year. The company's working capital con- tinues in a strong position, according (Continued on page 7) MINN. ANTI-5 BILL SET FOR PASSAGE U. S. May Contest State Legislation Trade observers regard the possibility of legislation against the block-of-five provisions of the New York case consent de- cree, such as the Minnesota pro- posal, as likely to force the U. S. Department of Justice to try two possible means of over- coming it : 1. By challenging the consti- tutionality of such legislation in the Federal Courts. 2. By sponsoring enabling legislation through Congress in support of the consent decree provisions. There is a reference in the consent decree terms to this kind of a possibility. Should the second method be utilized, such Congressional legislation might be sponsored, it is observed, on the basis of superseding the consent decree provisions, thus in effect bring- ing about as a law that which is now only a voluntary agree- ment. Such legislation would also supersede state legislation in contradiction with it. F. C. C. Orders Probe on Papers' FM Ownership Washington, March 19. — Public hearings and an investigation to determine the policy to be adopted with respect to the ownership of FM stations by newspapers were ordered today by the FCC. The date for the hearings has not Start Television Hearings Today Washington, March 19. — With most of the major issues settled by agreement or compromise, the FCC to- morrow will open what are expected to be the final hearings on the question of standards and commercialization of television. Many believe that the in- dustry will be given the word to go ahead with the date probablv fixed for the Fall. FCC officials indicated tonight that there are few questions on which there will be any controversy. One of the questions which may not be decided immediately is that of color, the prob- ability being that the FCC will leave the matter of color standards open for (Continued on page 9) been determined but the commission explained that its objective will be to decide whether joint control of news- papers and broadcasting stations tends to result in an impairment of radio service under the standard of public interest, convenience and necessity. It was pointed out that the question of newspaper ownership of stations has long been debated before the com- mission and elsewhere and has been an issue in a number of specific cases and that, in the past, licenses have been denied to newspapers where there was another well qualified applicant for the same facilities. "In undertaking public hearings, the commission does not imply that it is opposed to newspaper ownership of radio stations in general or in any particular situation," it was stated. "The purpose of the hearings and the (Continued on page 9) State Senate Committee Approves Measure; Enactment Seen By ROBERT E. MURPHY Minneapolis, March 19. — The Minnesota Senate committee on general legislation today favorably reported the anti-consent decree bill without a dissenting vote. The measure previously was recom- mended for passage by the House judiciary committee. Enactment of the measure into law is anticipated by observers. The bill provides for state regula- tion of the sale and distribution of films, permitting exhibitors to buy a company's full season's output in ad- vance, with the privilege of cancelling 20 per cent on their own judgment, on moral, religious or racial grounds, or for other reasons. M. A. Levy, Minneapolis branch manager for 20th Century-Fox, told a Senate committee hearing today that exhibitors' statements that distributors had refused to cancel films on religious or moral grounds were untrue. "As a matter of fact," he said, "we have been blamed for refusing to cancel on occasions when exhibitors bought and showed films only for their box- office return." Eileen DeLong of St. Paul, repre- senting the local Legion of Decency, disagreed with Levy's testimony and named two St. Paul exhibitors who. she said, cancelled bookings of "Strange Cargo" at financial loss to themselves because the Legion had objected to the film. David Shearer, counsel for 20th Century-Fox, Warners, RKO and (Continued on page 4) Ga. Block Selling BUI Is Seen Dead Atlanta, March 19. — Geor- gia's bill to invalidate the block-of-five sales provision of the industry consent de- cree by requiring full line selling within the state is re- garded by observers here as "dead" for this session of the legislature. Although passed by the Senate, there is virtually no prospect of House action on the measure before adjourn- ment, it is said. 2 Motion Picture Daily Thursday, March 20, 1941 Coast Flashes Hollywood, March 19. THE RKO series based on "The Saint" will be made in England, it was announced today, and will be supplanted on the domestic schedule with a series of detective mysteries built from Michael Arlen's novel, "The Gay Falcon," starring George Sanders and Wendy Barrie. Samuel Broidy, Monogram sales manager, arrived here today from New York to confer on 1941-'42 pro- gram. He will remain for the Coast convention late in April. J. R. Wheeler and E. V. Callow, winners of the 1940 Quigley Awards for showmanship, will be among those making the trip on the S. S. America to San Francisco as guests of Warn- ers Friday and Saturday, during which "The Sea Wolf" will be screened. Universal today purchased "The Man Who Lived Alone," story by Sonya Levien, for a Joe Pasternak production starring Margaret Sulla- van. Patric Knowles, sergeant-pilot in the Canadian air force, now on four weeks furlough, was signed today by RKO for a featured role in "Para- chute Battalion." More Committees for Variety Club Meeting Several additional committees have been appointed for the National Vari- ety Club Convention May 15-17 in Atlantic City by John H. Harris, na- tional chief barker. The committees and their chairmen are : registration, George F. Weilland, Philadelphia ; boardwalk decoration, Henry I. Wax- man, Atlantic City ; ticket and coupon book, Jay Emanuel, Philadelphia, and meeting rooms, Henry Friedman, Ard- more, Pa. Personal Mention COLVIN BROWN, vice-president and general manager of Quigley Publications, arrived on the Coast yesterday. W. A. Scully, Universal vice presi- dent and general sale manager, left Florida yesterday on a business trip through the South. He is expected here early next week. Si Seadler, M-G-M advertising manager, is expected Monday from a visit to the Coast, which included a a vacation. Hank Kaufman, Columbia's man- ager of exchange operations, has re- turned from a tour of company branches. Richard A. Rowland is in town from the Coast. • Gilbert Golden of the Warner home office advertising department, has returned from Florida. Lou Weinberg, Max Weisfeldt, Ben Bernie and Sol Edwards having lunch yesterday at Lindy's (next to the Rivoli). • Marvin Schenck, Earle Ham- mons, Emanuel Silverstone, Eu- gene Castle, Walter Reade, James A. Cron. Ray Gallagher, Joe Gal- lagher, Lou Pollock, Hank Linet, Ray Bell and Norton Ritchey lunch- ing yesterday at the Tavern. NATE J. BLUMBERG, Universal president, and Joseph H. Seidel- man, vice-president and foreign man- ager, will leave for Panama by boat next Thursday, to be gone about two weeks. Ned E. Depinet, RKO vice-presi- dent and distribution head, has re- turned from the Coast. • Moe Sanders, office manager at the 20th Century-Fox exchange here, left yesterday for Florida. • Harry Brandt is due Monday from Miami. • Alec Arnswalder, booker at the M-G-M exchange here, is on jury duty. • Boris Morros, Adolph Zukor Stanton Griffis, R. B. Wilby, Bar ney Balaban, Sam Shain, Leonard Goldenson, Austin Keough, John D. Hertz, Jr., C. J. Scollard, Toby Gruen, George Dembow, Sidney Phillips, John Golden, David Pal freyman and Dennis King lunching at Sardi's yesterday. • Jack Goetz, Lou Brandt and Fred Allen at Lindy's (51st St.) yesterday for lunch. • Howard Dietz, William Brandt Max A. Cohen, Charles E. McCar- thy and Milton Kusell at Nick's Hunting Room in the Astor for lunch yesterday. Schnitzels Son to Marry on Sunday Gerald Schnitzel", son of Edward Schnitzer, Eastern district manager of Warner Bros., and Mrs. Schnitzer, and Janet Feiler, daughter of Mr. and Mrs. Herbert Feiler of New York, will be married in Hollywood on Sun- day. Mr. and Mrs. Schnitzer left Tuesday by train to attend the wed- ding. Gerald Schnitzer is a writer at the Universal studio. Ga. Senate Passes Sunday Local Option Films Bill Detroit Clearance Decision Reserved Detroit, March 19. — With hearings completed today in Circuit Court here on the RKO Uptown injunction suit against United Detroit Theatres, de- cision was reserved and is expected to be handed down in a few days. Briefs were submitted at the conclusion of the hearing. The case, which involves clearance, includes as defendants Para- mount and United Artists. Atlanta, March 19. — The Georgia Senate has passed a bill permitting Sunday films on a local option basis in communities where 25 per cent of the voters sign a petition requesting them. Passage of the measure followed bit- ter political wrangling in which efforts were made five times to defeat it by parliamentary means. Roll calls were demanded by opponents on each par- liamentary move. But it passed. The bill, as it was sent to the House, permits a petition of 25 per cent of the voters in any community to legal- ize Sunday films or prohibit them. Only one referendum a year of this type may be taken. At present film theatres may oper- ate on Sunday only when most of the proceeds are donated to charity. Denver Showmen To Honor W anger Denver, March 19— Walter Wan- ger will be guest of honor and chief speaker at the annual founder's day of the Rocky Mountain Screen Club here on March 28. The day will be- gin with a luncheon, followed by a series of events for showmen culminat- ing in a dinner-dance and a coast-to- coast broadcast in the evening. Film Machines Face Levy in Minnesota Minneapolis, March 19. — Coin machine films, coin phonographs and other mechanical entertainment de- vices henceforth will pay at least some public revenue. Up to now machines have not been taxed because operators of places where they are located disclaim own- ership. The state Senate Tax Com- mittee, however, has approved a bill which permits assessors to class all such machines found on the premises as personal property, and therefore taxable against the place itself. Sol Wurtzel Returns Hollywood, March 19. — Sol M. Wurtzel, executive producer for 20th Century-Fox, has returned to the studio after a three-months business and pleasure trip through Central and South America. He was accompanied by Mrs. Wurtzel, Lester Ziffren, 20th Century-Fox writer, and Mrs. Ziffren. 'Topper' Set for Capitol "Topper Returns," Hal Roach pro- duction released by United Artists, goes into the Capitol on Broadway fol- lowing "Rage in Heaven," which opens at the theatre today. Impressed Helena, Mont, March 19 P RANK PRATT, manager *■ of the Rio here, will take his horse operas sitting down from now on — if possible. With Jack Edwards, manager of the Mar low, he went on a 15-mile cross-countrg eques- trian excursion last week. "But there's more to being a cowboy than living in the West," Pratt groaned. "V experience deeply." impressed ^ Child Performer Bill Is Killed in Albany Albany. March 19.— The Ehrlich- Hampton bill prohibiting the employ- ment of children under 16 in theatrical performances, was killed today in a committee of the New York Assembly, following passage earlier in the week by the State Senate. However, Assemblyman Harold B. Ehrlich today sponsored a new meas- ure, authorizing local boards of edu- cation to issue written permits in ad- vance to allow such performances when employment is not harmful to the morals or education of the chil- dren. The bill is said to clear up existing difficulties under the present law in many communities. Among other bills killed were the Bennett chain store measure, which included circuits and several anti-dis- crimination measures. The proposed business turnover tax of one-tenth of one per cent of gross, including ad- missions, was amended to apply only to New York City. The bill making it unlawful to refuse admission to any person over 21 was reported out in amended form. RKO Building New Forest Hills House The RKO Circuit will construct a new 2,000-seat theatre at Queens Boulevard and 71st Road, Forest Hills, which, it is expected, will be opened about Christmas. Ground breaking is scheduled to start May 1. Charles Lee of Los Angeles and Thomas Lamb of this city are the architects. MOTION PICTURE DAILY (Registered U. S. Patent Office) Published daily except Saturday, Sunday and holidays by Quigley Publishing Company, Inc., 1270 Sixth Avenue, Rockefeller Center, New York City. Telephone Circle 7-3100. Cable address, "Quigpubco, New York." Mar- tin Quigley, Editor-in-Chief and Publisher; Colvin Brown, Vice-President and General Manager; Watterson R. Rothacker, Vice- President; Sam Shain, Editor; Alfred L. Finestone, Managing Editor; James A. Cron, Advertising Manager; Chicago Bureau. 624 South Michigan Avenue, C. B. O'Neill, Manager; Hollywood Bureau, Postal Union Life Building, William R. Weaver, Editor; Leon Friedman, Manager; London Bureau, Golden Square, London Wl; Hope Wil- liams, Manager, cable address "Quigpubco. London." All contents copyrighted 1941 bv Quigley Publishing Company, Inc. Other Quigley publications: Motion Picture Herald, Better Theatres, International Motion Pic- ture Almanac and Fame. Entered as second class matter, Sept. 23, 1938, at the post office at New York, N. Y., under the act of March 3, 1879. Subscription rates per year $6 in the Americas and $12 foreign. Single copies 10c. 's a Wuth . for the W may now be booked for EASTER WEEK engagements in her stunning new triumph GEO. BRENT- MARY ASTOR LUCILE WATSON • HATTIE McDANIEL • DIRECTED BY EDMUND GOULDING Screen Play by Lenore Coffee • From a Novel by Polan Banks • Music by Max Steiner 4 Motion Picture Daily Thursday, March 20, 1941 Committees Named for Film Defense Aid British Trade Faces Reform By Legislation London, March 19. — The British Government will impose by legislation reforms it has requested in film dis- tribution and exhibition methods if the present studies being given the ques- tion by the trade fail to result in meas- ures meeting the Government's re- quirements, according to general in- dustry belief. Officials of the Kinematograph Rent- ers Society (distributors) have ex- pressed the belief, however, that joint- ly with the Cinematograph Exhibitors Association a formula can be achieved which will be satisfactory to the Board of Trade, Government agency which seeks the changes. Trade circles believe that the cir- cuits are the key to the situation, and that their cooperation will be needed. Although most of the problems are felt to be chiefly in exhibition, the KRS nevertheless is prepared to give all possible assistance in reaching a solution. Meantime, all factors in the trade are giving serious consideration to the Government's request. The KRS to- day resumed its session adjourned from' yesterday at which an exhaus- tive study of the Board of Trade's request was undertaken. The distribu- tor group is expected to meet in joint session with CEA representatives in the near future. Minn. Anti-5 Bill Set for Passage (.Continued from page 1) Loew's, asserted that passage of the bill would make an "island" of Min- nesota in film operations, since ad- justments of sales methods would be too costly and burdensome for the four companies to undertake in the one state, while operating elsewhere under the decree. Fred Strom, secretary of North- west Allied, which sponsored the measure, outlined the bill and the con- sent decree before the committee, and cited figures from a poll of theatre owners which showed that 92 per cent, both independent and affiliated, were opposed to the decree. The committee's action ended long and frequently heated debate on the measure in legislative hearings. United Artists, not a party to the decree, appeared at one stage of the hearings in opposition to the measure on the ground that its producers' films were sold separately and it therefore could not operate on a re- quired block selling method. Resumes First Runs Montreal, March 19. — The Strand here formerly a first run theatre, and until recently under the banner of N. L. Nathanson's United Amuse- ments Ltd., playing second runs, will experiment again with first runs. The house seats 750. Defense Groups Include All Branches of Industry (.Continued from page 1) mittee, all serving as official repre- sentatives of the organizations which they head, and the various other com- mittees follow. Sponsoring Groups Motion Picture Committee Cooper- ating for National Defense : Edward Arnold, president, Screen Actors' Guild; Barney Balaban, presi- dent, Paramount; Nate J. Blumberg, president, Universal ; Harry Brandt, president, Independent Theatre Own- ers Association; Frank Capra, presi- dent, Screen Directors' Guild ; I. E. Chadwick, president, Independent Mo- tion Picture Producers Association ; James P. Clark, president, National Film Carriers ; Harry Cohn, president, Columbia; H. A. Cole, president, Allied States Association; Y. Frank Freeman, president, Association of Motion Picture Producers ; Sheridan Gibney, president, Screen Writers' Guild ; James R. Grainger, president, Republic ; John H. Harris, president, National Variety Clubs; Will H. Hays, president, Motion Picture Pro- ducers and Distributors of America. Company Chiefs Serve Emery Huse, president, Society of Motion Picture Engineers ; W. Ray Johnston, president, Monogram ; Sid- ney R. Kent, president, Twentieth Century-Fox; Edward L. Kuykendall, president, Motion Picture Theatre Owners of America ; Frank W. Love- joy, president, Eastman Kodak; Rob- ert H. Poole, executive secretary, Pa- cific Coast Conference of Independent Theatre Owners ; Herman Robbins, president, National Screen Service ; George J. Schaefer, president, RKO. Nicholas M. Schenck, president, Loew's ; Maurice Silverstone, presi- dent, United Artists ; T. Kennedy Stevenson, president, Electrical Re- search Products, Inc. ; W. G. Van Schmus, managing director, Radio City Music Hall ; G. K. Throckmor- ton, president, RCA Manufacturing Co. ; Walter Wanger, president, Acad- emy of Motion Picture Arts and Sci- ences ; Harry M. Warner, president, Warner Bros. ; Herbert J. Yates, president. Consolidated Film Indus- tries. Coordinating Unit National Coordinating Committee : George J. Schaefer, chairman ; Fran- cis S. Harmon, coordinator ; Barney Balaban, Joseph H. Hazen, William C. Michel, Nicholas Schenck, Walter Vincent, R. B. Wilby, Nathan Yam- ins, Joseph Bernhard, chairman thea- tres division, ex-ofncio ; Y. Frank Free- man, chairman production division, ex- officio ; E. B. Hatrick, chairman news- reel division, ex-officio; Martin Quig- ley, chairman trade press division, ex- officio ; William A. Scully, chairman distributors' division, ex-officio. Division Committees The personnel of the various divi- sions follows : Production Division — Y. Frank Freeman, chairman ; Sam Briskin, E. J. Mannix, Sol Lesser, Hal Wallis, Walter Wanger, Darryl F. Zanuck, producers ; Jack Chertok, Gordon Hollingshead, short subjects; Frank Capra, Directors Guild; Edward Ar- nold, Actors Guild; Sheridan Gibney, Writers Guild; Fred Beetson, AMPP; Richard Day. art direction ; Nathan Levinson, Edward Hanson, sound; John Arnold, camera; John Nickolaus, laboratory ; Alfred Newman, music ; Charles Boren, Fred Myers, industrial relations ; Howard Strickling, Robert Taplinger, public relations ; Mendel Silberberg, counsel ; Jock Lawrence, secretary. Distributors Division - — W. A. Scully, chairman ; Neil F. Agnew, George Dembow, Ned E. Depinet, William F. Rodgers, Gradwell L. Sears, Herman Wobber. Newsreel Division — E. B. Hat- rick, chairman; Louis de Rochemont, Thomas Mead, Albert J. Richard, Walton C. Ament, Truman Talley. Trade Press Division — Martin Quigley, chairman ; Jack Alicoate, Jay Emanuel, John C. Flinn, Charles E. Lewis, Ben Shlyen, Arthur Ungar, William R. Wilkerson. Theatres Division — Joseph Bern- hard, chairman; E. V. Richards, co- chairman ; A. H. Blank, Harry Brandt, Si H. Fabian, John H. Harris, E. L. Kuykendall, Charles C. Moskowitz, Sam E. Morris, John J. O'Connor, R. J. O'Donnell, Spyros Skouras, R. B. Wilby, Nathan Yamins. Theatres Sub-Committees Sub-committees of the Theatres Division are as follows : Coordinating — R. B. Wilby, chair- man; A. H. Blank, Charles C. Mos- kowitz, E. V. Richards, Spyros Skou- ras. Organization — Harry Brandt, chairman ; John H. Harris, E. L. Kuykendall, John J. O'Connor, Na- than Yamins. Field Organization — John Bala- ban, E. C. Beatty, Carl Buermele, William F. Crockett, Jay Emanuel, Si H. Fabian, Harold Fitzgerald, John Friedl, Julius Gordon, L. C. Griffith, Harry Kalmine, Jack Kirsch, E. L. Kuykendall, Ike Libson, M. A. Light- man, Frank Newman, R. J. O'Donnell, Samuel Pinanski, Robert H. Poole, Elmer Rhoden, Rick Ricketson, Sam- uel Rinzler, John Rugar, Meyer Schine, Fred Schwartz, Mort Singer, William Skirball, Charles Skouras, Roy Walker. Publicity — Oscar Doob, chair- man; Harry Brand, Harry Goldberg, Claude F. Lee, Harry Mandel, Aubrey Schenck. Finance — Si H. Fabian, chairman and treasurer; Nathan Yamins, Leon- ard Goldenson, E. L. Kuykendall, Spyros Skouras. D.W.I. House Opens The West End Theatre at Willem- stadt, Curacao, Dutch West Indies, opened recently, with "Spring Pa- rade," Universal film, as the open- ing attraction, according to J. H. Seidelman, Universal foreign vice- president. First Complaint Is Filed in Pittsburgh The first demand for arbitration filed with the Pittsburgh board was entered yesterday by Herman Lorery'i operator of the 18th Street Theaf_^ Erie, Pa., against Warners, RIsSj' 20th Century-Fox and Paramount. The complaint asks "some run" for the 18th Street, and names the Ameri- can Theatre, Erie, as an interested party. Lorence gave notice with the demand that he would argue the case himself when it goes to hearing. Plaintiffs in all cases heard or set for hearing thus far are represented by counsel. Pittsburgh is the sixteenth local board to receive a complaint since the 31 tribunals were opened on Feb. 1. The case was the 32nd filed to date. No complaints have been entered at 15 of the boards. Sefton Darr Named Capital Arbitrator Washington, March 19. — Sefton Darr, former president of the District of Columbia Bar Association, today was selected as arbitrator for the clearance complaint of the Westway Theatre, Baltimore, against 20th Cen- tury-Fox, Loew's and Warners, which names the Edgewood Theatre, Balti- more. Hearing has been tentatively set for April 8. Hearing March 25 In Denver Complaint Denver, March 19. — Hearing has been set for March 25 on the arbitra- tion complaint of J. J. Goodstein En- terprises, Inc., against Loew's, Para- mount and 20th Century-Fox on inability to obtain sufficient product. The Fox, Longmont, Colo., is also named. George D. Begole, former Denver mayor, is arbitrator. N. Y. Will License Coin Film Machines (Continued from page 1) tion B32-22.0 of the Administrative Code, left the size of the fee to his discretion. The Commissioner disclosed that agents of his department as well as the police have been instructed to watch for the first appearance of the machines but that none has been seen in the city thus far. One of the ques- tions to be decided, Moss said, is whether the manufacturer or distribu- tor shall obtain the licenses for the machines or whether each individual location where the machines are placed shall be licensed. The Administrative Code defines motion picture as "a display on a screen or other device of pictures or objects in motion or rapidly changing scenery whether or not such display shall be accompanied by lecture, reci- tation or music." Moss said that tele- vision sets apparently came within this definition but that his department is withholding its ruling pending clari- fication of the status of television by the FCC. .11 cat T" t« to* • sU M» ., tits. NOW look a* *CSC . Neck and neck w* ad holidnv ng \'*™eX- 3 3% ' AT<.ANTA "V.. 1 Thursday, March 20, 1941 Motion Picture Daily Feature Review "Las Vegas Nights" {Paramount') \ \T HERE there are jitterbugs in abundance the exhibitor has an item * * of salable merchandise in "Las Vegas Nights." Chief reason is the presence in the cast of Tommy Dorsey, one of the idols of the jitter- bugs, and his orchestra. Dorsey is seen at length in the film, leading his orchestra and playing his trombone in solo. Three numbers which receive special attention in the script, and which probably are scheduled for considerable atten- tion are: "Dolores," "Mary, Mary, Quite Contrary" and "I Gotta Ride." The material with which Dorsey is surrounded cannot be considered a contribution of note to the art of the screen. It appears to be a sort of pseudo-musical comedy, with Bert Wheeler, Phil Regan, Constance Moore, Virginia Dale, Lillian Cornell and Hank Ladd featured. The setting is Las Vegas, New, where W heeler and the three girls come to collect the inheritance of one and to perform their vaudeville act. They run into Ladd, a shady lawyer, who wants the property they are to inherit; Regan, wealthy young ranch owner, and Dorsey, who conducts the chief night club in what is represented as a very wide-open town. W heeler is engaging with his comedy antics, Regan and Miss Moore provide the romance and Dorsey the music, with vocal assistance from others of the cast. Ralph Murphy directed. Running time, 89 minutes. "G."* Charles S. Aaronson 'Blonde' and O'Brien Show Hit in Chicago Chicago, March 19. — Headlining a stage show, Pat O'Brien, plus "Straw- s—berry Blonde" grossed $40,000 at the hicago theatre. At the Oriental ^-Dancing on a Dime" with the "Pan American Follies" on the stage grossed ■> $17,500. Estimated receipts for the week ending March 14: "Fantasia" (Disney) APOLLO — (1,400) (75c-$1.10-$1.65) 7 days, 3rd week. Gross: $12,500. (Average, $6,500,) "Strawberry Blonde" (W. B.) CHICAGO — (4,000) (35c-55c-7Sc) 7 days. Stage: Pat O'Brien and stage show. Gross: $40,000. (Average, $32,000) "Victory" (Para.) GARRICK — (1,000) (35c-55c-75c) 7 days. Gross: $3,500. (Average, $5,000) "Dancing on a Dime" (Para.) ORIENTAL — (3,200) (25c-40c) 7 days. Stage: Pan American Follies. Gross: $17,500. (Average, $13,000) "Back Street" (Univ.) (4 days) "Madame LaZonga" (Univ.) (4 days) "Mr. and Mrs. Smith" (RKO) (3 days) "Scattergood Baines" (RKO) (3 days) PALACE — (2,500) (35c-55c-75c) 7 days. Gross: $13,000. (Average, $13,000) "Gome with the Wind" (M-G-M) ROOSEVELT— (1,500) (35c-55c-75c) 2nd week. Gross: $11,000. (Average, $11,000) "Invisible Woman" (Univ.) STATE-LAKE— (3,700) (25c-40c) 7 days. Stage: Milt Britton Band— Patricia Ellis. Gross: $17,000. (Average, $15,000) "Come Live With Me" (M-G-M) UNITED ARTISTS— (1,700) (35c-55c-75c) 2nd week. Gross: $10,000. (Average $14,000) British Film Leads Toronto Grosses Toronto, March 19.— "I See Ice," British film, with George Formby, led with $12,400 at the Uptown. The Im- perial Theatre registered $11,300 with "Strawberry Blonde." Estimated receipts for the week ending March 15 : "Strawberry Blonde" (W. B.) IMPERIAL— (3.373) (15c-25c-35c-50c-75c) 6 days. Gross: $11,300. (Average, $9,000) "The Philadelphia Story" (M-G-M) LOEWS — (2,074) (15c-25c-35c-50c-65c) 6 days, 3rd week. Gross: $7,500. (Average, $9,000) "Tall, Dark and Handsome" (20th-Fox) "Ride, Kelly, Ride" (20th-Fox) SHEA'S — (2,663) (15c-25c-40c-50c) 6 days. Gross: $8,000. (Average, S7,500) "Kitty Foyle" (RKO) "Dreaming Out Loud" (RKO) TIVOLI — (1,434) (10c-25c-40c) 6 days. Gross: $4,100. (Average, $3,900) "I See Ice" (British) UPTOWN— (2.761) (15c-25c-35c-50c-75c) 6 davs. Gross: $12,400. (Average, $9,000) 'Road' at $11,000 In Indianapolis Indianapolis, March 19. — "Tobac- co Road" brought a smash $11,000 to the Indiana and was held. Jan Savitt's band and "Flight from Destinv" did $9,000 at the Lyric. Estimated takings for the week end- ing March 14: "Buck Privates" (Univ.) "Where Did You Get That Girl" (Univ.) CIRCLE — (2.800) (28c-33c-44c) 7 days. Gross: $5,700. (Average, $6,000) "Tobacco Road" (20th-Fox) "Play Girl" (RKO) INDIANA — (3.200) (28c-33c-44c) 7 days. Ooss: $11,000. (Average, $6,000) "The Son of Monte Cristo" (U. A.) "Keeping Company" (M-G-M) LOEWS — (2,800) (28c-33c-44c) 7 davs. Cross: $6,700. (Average. $7,000) "Flight from Destiny" (W. B.) LYRIC— (2.000) (28c-33c-44c) 7 days. Stage: Jan Savitt and his Top Hatters, with Allan DeWitt. Four Toppers, Jack Palmer, AI Lepol. Gross: $9,000. (Average, $8,000) *"G" denotes general classification. 'Hardy' at $13,000 High in Cincinnati Cincinnati, March 19. — "Andy Hardy's Private Secretary" gave the RKO Palace a big $13,000, and Keith's had $4,800 for the third week of "Strawberry Blonde." A stage show helped "Golden Hoofs" to $12,000 at the RKO Shubert. Estimated takings for the week end- ing March 12-15 : "Tobacco Road" (20th-Fox) RKO ALBEE— (3.300) (33c-40c-50c) 7 days. Gross: $11,700. (Average, $12,000) "Andy Hardy's Private Secretary" (M-G-M) RKO PALACE— (1,270) (33c-40c-50c) 7 days. Gross: $13,000. (Average, $10,000) "Golden Hoofs" (20th-Fox) RKO SHUBERT— (2,150) (33c-44c-60c) 7 davs. Stage: "Screwballs of 1941." Gross: $12,000. (Average, $12,000) "Nice Girl?" (Univ.) RKO CAPITOL— (2,000) (33c-40c-50c) 7 davs. 2nd week. Gross: $4,500. (Average, $5,500) "The Trial of Mary Dugan" (M-G-M) RKO GRAND— (1,450) (33c-40c-50c) 7 days. Gross: $3,500. (Average, $5,000) "Virginia" (Para.) RKO LYRIC— (1,400) (28c-33c-42c) 7 days, 3rd week. Gross: $3,000. (Average, $4,500) "Arkansas Judge" (Rep.) "The Devil Commands" (Col.) RKO FAMILY— (1,000) (15c-28c) 4 days. Gross: $1,100. (Average, $1,200) "Jennie" (20th-Fox) "Along the Rio Grande" (RKO) RKO FAMILY— (1,000) (15c-28c) 3 days. Gross: $800. (Average, $800) "Strawberry Blonde" (W. B.) KEITH'S— (1.500) (33c-40c-50c) 7 days, 3rd week. Gross: $4,800. (Average, $5,000) Columbia Six Month Net Profit $307,006 (Continued from page 1) to Harry Cohn, president. Current assets on Dec. 28 were approximately 512,672,000, and current liabilities $2,009,000, leaving net working capital of $10,663,000, he reported. Cohn stated that foreign revenues which have not been converted into dollars are not included in the report, and assets of foreign subsidiaries lo- cated where dollar conversions are impossible, as in Japan, Spain and Denmark, have been completely charged off. Milwaukee's Best Is 'Wind,' $11,400 Milwaukee, March 19. — Grosses were generally up for the week with "Gone with the Wind" at Fox's Pal- ace the leader with $11,400. "Black- out" and Ray Herbeck's orchestra at the Riverside took $9,300. Estimated takings for the week end- ing March 11-13 : "Gone With the Wind" (M-G-M) PALACE— (2,400) (40c-55c) 7 days. Gross: Sll,400. (Average, $4,000) "Blackout" (U. A.) RIVERSIDE — (2.700) (28c-44c) 7 days. Stage: Ray Herbeck's orchestra. Gross: S9.300. (Average, $6,500) "Andy Hardy's Private Secretary" (M-G-M) "Night Train" (20th-Fox) STRAND — (1.400) (30c-40c-55c) 7 days. Gross: $2,000. (Average. $1,500) "Footsteps in the Dark" (W. B.) "Buck Privates" (Univ.) WARNER— (2.400) (30c-40c-55c) 7 days. Gross: $6,600. (Average. $4,500) "Tcbacco Road" (20th-Fox) "Michael Shayne, Private Detective" (ZOth-Fox) WISCONSIN— (3.200) (30c-40c-55c) 7 davs. Gross: $8,800. (Average, $5,500) 'Blackout' at $4,100 In Montreal Slump Montreal, March 19. — "Blackout" and "Margie" at the Orpheum formed the only program to do better than average business, with $4,100. Bad weather was largely responsible. Estimated takings for the week end- ing March 13 : "Blackout" (U. A.) "Margie" (Univ.) ORPHEUM — (1.000) (30c-43c) 7 davs. Gross: $4,100. (Average, $4,000) "The Philadelphia Story" (M-G-M) LOEWS — (2.900) (30c-40c-60c) 7 days, 4th week. Gross: $3,300. (Average, $7,000) "Honeymoon fcr Three" (W. B.) "Father's Son" (W. B.) PRINCESS— (2.200) (25c-40c-50c) 7 days. Gross: $2,300. (Average, $2,500) "Mr. and Mrs. Smith" (RKO) PALACE— (2,200) (25c-45c-65c) 7 davs. Gross: $6,500. (Average, $7,000) "Tall, Dark and Handsome" (20th-Fox) "Ride, Kelly, Ride" (20th-Fox) CAPITOL— (2.800) (25c-45c-55c) 7 days. Gross: $3,800. (Average, $4,000) 'Road' Takes $26,800 at 2 L. A. Houses Los Angeles., March 19.— "Tobacco Road" and "Murder Among Friends" drew a total of $26,800 at two thea- tres, with $10,300 at the Chinese and $16,500 at Loew's State. Estimated receipts for the week end- ing March 12 : "Tobacco Road" (20th-Fox) "Murder Among Friends" (20th-Fox) CHINESE — (2.500) (33c-44c-55c-75c) 7 days. Gross: $10,300. (Average, $12,500) "Fantasia" (RKO) CARTHAY CIRCLE— (1,518) (55c-$1.65) 7 days, 6th week. Gross: $12,500. (Aver- age, $17,000) "Gone With the Wind" (M-G-M) 4 STAR— (900) (44c-55c) 7 days, 3rd week. Gross: $5,000. (Average, $3,250) "Back Street" (Univ.) "Double Date" (Univ.) HILLSTREET— (2,700) (33c-44c-55c-75c) 7 days, 2nd week. Gross: $6,800. (Average, $6,500) "Tcbacco Road" (ZOth-Fox) "Murder Among Friends" (20th Fox) LOEWS STATE— (2.500) (33c-44c-55c-75c) 7 days. Gross: $16,500. (Average, $14,000) "Back Street" (Univ.) "Double Date" (Univ.) PANTAGES— (3,000) (33c-44c-55c-75c) 7 davs, 2nd week. Gross: $6,800. (Average, $7,000) "The Hard-Boiled Canary" (Para.) "Buck Privates" (Univ.) PARAMOUNT — (3,595) (33c-44c-55c-75c) 7 days. Stage: Ralph Edwards' "Truth or Consequences." Gross: S14,500. (Average, $18,000) "Gone With the Wind" (M-G-M) UNITED ARTISTS— (2,100) (44c-55c) 7 days, 3rd week. Gross: $10,900. "Footsteps in the Dark" (W. B.) "Here Comes Happiness" (W. B.) WARNER BROS. (Hollywood)— (3,000) (33c-44c-55c-75c) 7 days, 2nd week. Gross: $8,400. (Average, $14,000) "Footsteps in the Dark" (W. B.) "Here Comes Happiness" (W. B.) WARNER BROS. (Downtown)— (3,400) (33c-44c-55c-75c) 7 days, 2nd week. Gross: $9,100. (Average, $12,000) 'Tobacco' Smash $32,000 in Detroit Detroit, March 19. — "Tobacco Road" at the Fox led a booming week here with $32,000. The Michi- gan, with "Four Mothers" and "Earl Carroll's Vanities" on the stage grossed 824,000 while "Gone With the Wind" in its fourth week at the United Artists reaped $13,000. Estimated takings for the week end- ing March 13 : "Western Union" (20th-Fox) "Adam Had Four Sons" (CoL) ADAMS— (1,600) (15c-39c-44c-55c) 7 days. Gross: $8,000. (Average, $5,500) 'Back Street" (Univ.) "This Thing Called Love" (Col.) FISHER— (2,700) (15c-39c-44c-55c) 7 days. Gross: $7,000. (Average. $7,000) "Tcbacco Road" (20th-Fox) "Murder Among Friends" (20th-Fox) FOX — (5.000) (20c-44c-55c-65c) 7 davs. Gross: §32.000. (Average, $15,000) "Four Mothers" (W. B.) MICHIGAN — (4.000) (15c-39c-44c-55c-65c) 7 davs. On Stage: Earl Carroll's "Vanities" with Bert Wheeler. Hank Ladd, Bob Wil- liams, and Red Dust, Francetta Malloy, The Biltmorettes. Reginald Craig. Georgio. Beryl Cameron. Artie Rice. Jetsa Parker, Virginia Maples. Rosemary Randall and Frakson the Magician. Gross : $24,000. (Average, $12,000) "Virginia" (Para.) "Victory" (Para.) PALMS— (3,000) (25c-39c-44c-55c) 7 days. Gross: $8,000. (Average, $7,000) "Gone With the Wind" (M-G-M) UNITED ARTISTS — (2.000) (44c-5Sc) 7 davs. 4th week. Gross: $13,000. (Average. $10,000) "Fantasia" (Disney) WILSON— (1,400) (75c-$1.10-$1.65). Gross: $14,000. (Average, $10,000) «Sf o »«- ■- GO aS ""«i 1 2 - § 2 a •Si ^ •Si ^ § s © GO K » «s GO O o to s •» ©5 *> fi •Si W •Si Gj S . J © V «J go ^ a WARNERS 1 Strawberry Blonde (D) James Cagney 0. De Havilland Shadows on the Stairs (D) F. Inescort 1 P. Cavanagh Footsteps in the Dark (C) Errol Flynn B. Marshall Here Comes Happiness (D) Mildred Coles Edward Norris The Sea Wolf (D) Ed. G. Robinson Lupino-Gar field Knockout (D) Art Kennedy Olympe Bradna A Shot in the Dark (D) Wm. Lundigan Nan Wynn The Great Lie (D) Bette Davis George Brent Strange Alibi (D) Art. Kennedy Joan Perry The Wagons Roll at Night (D) H. Bogart Sylvia Sidney 1 UNIVERSAL Nice Girl (D) Deanna Durbin Franchot Tone Dark Streets of Cairo (D) Ralph Byrd Sigrid Gurie Mr. Dynamite (D) Lloyd Nolan Irene Hervey Double Date (D) Peggy Moran Rand Brooks Man Who Lost Himself (D) Bury Me Not On the Lone Prairie (D) Horror Island (D) Man-Made Monster (D) Mutiny in the Arctic (D) Richard Arlen Andy Devine Lady from Cheyenne (O) Loretta Young Robert Preston Flame of New Orleans (D) M. Dietrich Bruce Cabot Model Wife (D) Joan Blondell Dick Powell Black Cat (D) Basil Rathbone Hugh Herbert < Cheers for Miss Bishop (D) Martha Scott William Gargan The Great Dictator (C) Chas. Chaplin Goddard-Oakie Topper Returns (C) Joan Blondell Roland Young That Uncertain Feeling (C) Merle Oberon Melvyn Douglas 20TH-FOX Western Union (D) 126 Scott-Jagger Robert Young Murder Among Friends (D) M. Weaver John Hubbard Tobacco Road (D) 133 C. Grapewin Gene Tierney Murder Among Friends (D) John Hubbard 132 The Outlaw (O) 135 Walter Huston Jane Russell Dead Men Tell (D) 136 Sidney Toler K. Aldridge Scotland Yard (D) 131 John Loder Nancy Kelly That Night in Rio (M) 137 Alice Faye Don Ameche Ride On Vaquero (O) Cesar Romero Mary B. Hughes Inspector Hornleigh Goes To It (D) Alastair Sim Great American Broadcast (M) Alice Faye Oakie-Payne RKO RADIO Scattergood Baines (D) 123 Guy Kibbee Dink Trout Citizen Kane (D) 118 Orson Welles A Girl, A Gob and A Guy (C) George Murphy Lucille Ball Footlight Fever (D) 119 Alan Mowbray Donald McBride Melody for Three (D) Jean Her shot t Repent at Leisure (C) Kent Taylor Wendy Barrie Devil and Miss Jones (C) Jean Arthur Charles Coburn Robbers of the Range (O) Tim Holt Virginia Vale They Met in Argentina (M) Maureen O'Hara James Ellison Hurry, Charlie, Hurry (C) Leon Errol Tom, Dick and Harry (C) Ginger Rogers George Murphy REPUBLIC Prairie Pioneers (O) 065 3 Mesquiteers Great Train Robbery (O) Bob Steele Claire Carleton Citadel of Crime (D) John Wayne Frances Dee Back in the Saddle (O) Gene Autry Smiley Burnette Mr. District Attorney (D) Florence Rice Dennis O'Keefe In Old Cheyenne (O) Roy Rogers Gabby Hayes Sis Hopkins (C) 2-Gun Sheriff (O) Pals of the Pecos (O) 3 Mesquiteers Rookies On Parade (C) Bob Crosby Ruth Terry Lady from New Orleans (D) John Wayne Ona Mimson Singing Hills (O) Gene Autry Smiley Burnette PARA. Virginia (O) F. Mac Murray M. Carroll Monster and the Girl (D) Ellen Drew Rod Cameron The Hard-Boiled Canary (M) 4020 Allan Jones In Old Colorado (O) 4052 Boyd-Hayden The Lady Eve (C) B. Stanwyck Henry Fonda Las Vegas Nights (M) Regan-Wheeler Tommy Dorsey Roundup (O) Richard Dix Pat. Morison Road to Zanzibar (C) Bing Crosby Lamour-Hope Border Vigilantes (O) William Boyd Russell Hayden Power Dive (D) Richard Arlen Jean Parker Reaching for the Sun (D) Joel McCrea Ellen Drew MONOGRAM Ridin' the Cherokee Trail (O) Tex Ritter Flying Wild (D) Leo Gorcey Bobby Jordan Sign of the Wolf (D) Grace Bradley Michael Whalen Hoosier Schoolboy (D) Mickey Rooney (Re-issue) Tumbledown Ranch in Arizona (O) Phantom Monster (D) Widows of the Press (D) Jean Parker Wallace Ford Human Ghost (D) Judy Kelly Keneth Kent M-G-M Andy Hardy's Private Secretary (C) 126 Free and Easy (C) 127 Ruth Hussey Robt. Cummings Rage in Heaven (D) 128 R. Montgomery I. Bergman The Penalty (D) 129 L. Barrymore Edward Arnold The Bad Man (O) 124 Wallace Beery L. Barrymore Washington Melodrama (D) Frank Morgan Men of Boys Town (D) Mickey Rooney Spencer Tracy Ziegfeld Girl 130 Stewart- Lamarr Turner-Garland COLUMBIA Adam Had Four Sons (D) Meet Boston Blackie (D) Blondie Goes Latin (C) Outlaw of the Panhandle (O) Lone Wolf Takes a Chance (D) Warren William June Storey Penthouse Mystery (D) R. Bellamy M. Lindsay North From the Lone Star (O) BUI Elliott Dorothy Fay Penny Serenade (C) Cory Grant Irene Dunne Under Age (D) Nan Grey Alan Baxter Chain Gang (D) They Dare Not Love (D) Her First Beau (C) Jane Withers Jackie Cooper >2 N & « 3 i - 1 • 2N • *• k 00 i JO < go, •Si © GO' 0) © •§ s * .. si .5 © a •Si © CJJ "Si 90 GO "fcS "Si •s «M Thursday, March 20, 1941 Motion Picture Daily 9 Ascap-N.A.B. Conferences Begin Today Conferences will begin at 10 A. M. this morning between the committee of 15 appointed for the National As- ' ociation of Broadcasters and an — lght-man committee appointed by k Ascap in an effort to settle the music war which has been fought since Jan. I. The meeting will take place at the Hotel Roosevelt. The N.A.B. group held a prelimi- nary conference yesterday, following which Neville Miller, N.A.B. presi- dent, telephoned Gene Buck, Ascap head, and arranged the appointment. The Ascap committee consists of Buck, John G. Paine, E. C. Mills, Walter Fischer, Oscar Hammerstein II, Irving Caesar, John O'Connor and Herman Starr. Neither side would reveal its de- mands or suggestions to be made. The joint meetings will be held for the purpose of laying a basis upon which individual networks and stations will later sign with Ascap. Meanwhile the impression grew stronger among radio officials yester- day that Mutual would be the first to fall in line with Ascap. Executives from stations affiliated with Mutual started arriving here yesterday and there will be a meeting of all stock- holder stations at the Hotel Ambas- sador tomorrow to discuss the Ascap situation. Start Television Hearings Today (Continued from page 1) consideration when color is further advanced. Some difference of opinion over standards and operating regulations is expected but officials are confident that the differences can be adjusted with- out difficulty. It is understood that officials be- lieve that television development has reached the point where public par- ticipation is justified but it is expected that standards will not be tied down so completely that they cannot be modi- fied as further progress is made. The military value of television is regarded here as an important argu- ment for commercialization. Although some experimentation has taken place along military lines, it is felt that commercialization will encourage fur- ther development. Additional requests for time to be heard at the sessions were filed with the commission today by John Reed Porterfield, Metropolitan Television, Telechordon Laboratories and General Television Corp. Kaye Sues on Contract Sammy Kaye, orchestra leader, yes- terday filed suit in N. Y. Supreme Court for $12,500 damages against Eli E. Oberstein, Charles M. Hemenway, Lowell A. Mayberry, and Sidney Newman, charging breach of a con- tract made by Kaye with United States Record Corp. The company filed reorganization proceedings after making the contract. Off the Antenna MERLE PITT, WNEW music director, has had his studio orchestra seriously disrupted by the drafting of Phil Krauss who played the vibra-harp. Of about 20,000 members of Local 802, only eight vibra- harpists are listed, all of them steadily employed. Only two classifica- tions have fewer men listed than the vibra-harp category, according to Pitt. They are Swiss handbell players and players of the viola da gamba, of which there are only one each. Some interesting statistics are appended by Pitt. There are 3,080 who play the violin; 2,835 saxophone; 1,195 drums; 1,954 cornet and trumpet; 3,368 pianists; 1,025 trombone; 875 bass violin; 534 clarinet; 245 flute and piccolo; 210 French horn; 170 oboe; 86 bassoon; 175 viola; 455 cello; 780 guitar; 455 accordion; 234 banjo, and 105 tuba. • • • Purely Personal: Bert Lee, WHN announcer, left for Detroit yesterday to cover the hockey games . . . Pete Cassel has been added to the entertainment staff of WSB, Atlanta . . . Cliff Corbet, WNEW1. engineering supervisor, will marry Margaret Gabriel of the station's sales department March 29 . . . Thomas Tart 1ms been named head of the Ritz Theatre studio by NBC. John Mills, who held that post, is now guest relations operations supervisor. George M. Nelson has been named supervisor of the mail and messenger service, with John WahU strom as his assistant . . . Warren M. Pack and William De Mauro of the publicity staff of WYNC are authors of "All Around the Town," dramatic program heard Saturday 1 :45 — 2 P. M. on the station . . . Douglas Way, former chief engineer for WJJD, Chicago, and WFBM, Indianapolis, has joined WWRL for a series of news programs. • • • WOR has installed a facsimile receiver at Fort Dix and each Tuesday between 2 and 4 A. M. transmits an edition for the soldiers at the camp. Most of the material is culled from the "Reception Center Gazette," published by the trainees. Pvt. Charles Davidson, formerly a WOR engineer, made the arrangements. • • • Louella Parsons will start her "Hollywood Premieres" series March 28 with a tabloid dramatization of "Flame of New Orleans," a Universal film, with the stars of the picture, Marlene Dietrich and Bruce Cabot, scheduled to be heard in their roles. Lever Bros., on behalf of Lifebuoy Soap, is sponsoring the series, 10 — 10:30 P.M. Fridays over 71 CBS stations. U.S. Watches Broadcasts From Abroad Washington, March 19. — Con- tinuous monitoring of foreign broadcasts entering the United States to detect subversive and other pertinent propaganda has been initiated by the Defense Com- munications Board, it was disclosed today. The work will be done by the FCC which will have a picked force of 350 technicians, translators, propaganda analysts and other experts working in eight-hour shifts to keep abreast of all overseas broadcasts which may in- volve propaganda intended for persons in the United States or neighboring countries. The question of radio propaganda by the axis countries has been under study for some time, it was learned. The newly established "listening posts" will provide material for fur- ther study but no decision has been made whether counter action is neces- sary or what action could be taken. Two Set for LeBaron Hollywood, March 19. — William LeBaron, whose first film as a 20th Century-Fox producer is "Caribbean Cruise," will next produce "Miss Pil- grim's Progress" and "A Straight Left." F.C.C. Authorizes Power Increase Washington, March 19. — The Fed- eral Communications Commission has authorized Station KFOR, Lincoln, Neb., to increase its night power from 100 to 250 watts. Hearings were ordered held at dates to be set later on the applications of Stations WDAS, Philadelphia, for change of frequency from 1,370 to 1,260 kilocycles and increase of pow- er from 250 watts to 1,000 watts night, 5,000 watts day, and KDRO, Sedalia, Mo., for change of frequency from 1,500 to 800 kilocycles, change of time from unlimited to day and in- crease of power from 250 to 1,000 watts. F.C.C. Orders Probe On Newspapers' FM (Continued from pane 1) investigation is to obtain for the com- mission sufficient information so that it will have a rational basis for the determination of future cases." Approximately one-fourth of the FM applications filed have been sub- mitted bv newspaper interests, it was disclosed. In the standard broadcast field more than one-third of the sta- tions are identified with newspapers to a greater or lesser extent and at least 100 are owned by publishers with more than one newspaper and more than one radio station connection. WSGN Studio Moves Birmingham, Ala., March 19. — Station WSGN here has moved into its new studios in the Dixie Carlton Hotel. Henry Johnston is president. "M-m! THAT'S WORTH REAL THOUGHT!" Smart showmen know they can rely on regular Altec service — sound and booth parts service — to keep the show hitting the sheet top-quality-wise — which is box- office-wise in any showman's language. But that isn't all ! Altec's high-standard service protects the exhibitor's money- investment in his present equipment, and when the need for future modernization comes, exhibitors know they can rely- on Altec's technical advice on buying new equipment. Change to Altec today. 250 West 57th Street, New York City CHANGE TO ALTEC SERVICE • A CHANGE FOR THE BETTER Wt BIGGEST "1 DAY-AND-DATE BOOKING IN SHORT-SUBJECT HISTORY! Radio City Music Hall • Paramoun Roxy • Strand • Criterion • Globe Rialto * Palace • Bryant • New Yorl Trans-Lux Embassy Grand Central AirlineS and ail leadina naiaitltonnooc Ivoui&i in Manhattan. . . Bionx. . . £ . . . j£ona Oiland. . . nositlteAst Alea* ft (one reel) Special International Broadcast! By arrangement with CBS! Murrow will describe "THIS IS ENGLAND" 6:45 p.m., E.S.T.,Wed., March 26th . . . Direct from London. ..Coast to Coast! TO BE RELEASED NA- TIONALLY IN KEY CITIES APRIL 3! REST OF THE COUNTRY... APRIL 101 ★ Proceeds of distribution are being turned over by Columbia to the "Spitfire Fund" of the R.A.F.! RESERVE YOUR PRINT NOW! A COLUMBIA SHORT- SUBJECT PRESENTATION Alert, InteWgen to the^H sjtion Picture Industry MOTION PICTURE DAILY Fife* In rirst In (Radio) Mi 1 and Impartial j=2>L. 49. NO. 56 i3= NEW YORK, U.S.A., FRIDAY, MARCH 21, 1941 TEN CENTS DuMont Urges Television Be Kept Flexible FCC Standards Hearing Opens in Capital Washington, March 20. — Allen B. DuMont, testifying before the FCC today at the opening of hear- ings on commercialization and standards for television, urged that standards be left flexible so that development work may be contin- ued unhampered. DuMont advo- cated commercial operation at an early date. Possible shortages of trained technicians and necessary ma- terials needed for the defense program were cited by CBS representatives as a factor to {Continued on page 10) Skouras Weighs Decentralization Decentralization of film buying for National Theatres, of which Spyros Skouras is operating head, is being given consideration by top executives of the circuit. If the plan is decided upon, the New Yojk home office would continue to supervise buying and retain the authority to approve contracts. Most of the buying for the National Theatres divisions is done by the New York office. Under consideration is to (Continued on page 4) Loew's Settles Third Exhibitor Complaint Loew's yesterday effected its third settlement of an ar- bitration complaint prior to hearing by granting a run to Joseph's Drive-In Theatre, Austin, Tex. Loew's, therefore, has been eliminated from the Drive-in's arbitration complaint for "some run," which was filed with the Dallas local board. Warners and 20th Century- Fox, also named in the com- plaint, remain as respondents. Loew's previously had set- tled complaints by Paulston, Inc., Nashua, N. H., and with the Charles Theatre, La Plata, Md., both for "some run." K-A-0 Nets $780,004; B. F Keith $543,614 Keith-Albee-Orpheum Corp. and subsidiaries yesterday reported net profit of $780,004 for 1940 after all charges and provision for taxes. For 1939 the corresponding figure was $976,627. K-A-O's 1940 income amounted to $14,966,601, of which $13,293,852 was theatre admissions. Expenses amount- ed to $12,900,493, of which $3,989,240 was film cost. Operating expenses and theatre overhead were $4,888,818 and salaries and wages $3,551,073. Current assets are reported at $2,- 989,353, of which $2,923,433 is cash. Current liabilities amounted to $1,- 295,320. Every Picture Can Be Sold, Ampa Is Advised by Mayer By SHERWIN A. KANE No picture is so bad that it can't be sold, even though the exhibitor may be obliged to forsake dignity and the "use of white space" in his advertising in order to sell it. That was the message which Ar- thur Mayer, operator of the Rialto on Broadway, where the kind of pictures to which he had reference always may find a haven, delivered to members and guests of Ampa at a luncheon meeting at the Hotel Edison yester- day. "If the Rialto waited until it got good pictures to advertise, it would never advertise at all/' Mayer said. "I claim to be America's leading ex- pert in selling bad pictures. It's so (Continued on page 4) B. F. Keith Corp. and subsidiary companies yesterday reported net profit of $543,614 for 1940, after all charges. Net profit for 1939 was $575,271. CHICAGO FIRST RUN CASE IS DISMISSED Arbitrator Rules Ken Theatre Complaint For Clearance and Run Cannot Be Arbitrated Before September 1 By IRVING YERGIN Chicago, March 20. — In the first arbitration case of its kind of record to be so decided, Charles P. Megan, arbitrator, in the case of the Ken Theatre, on Chicago's South Side, against RKO, Paramount and 20th Century- Fox, dismissed the complaint for lack of jurisdiction, on grounds that the questions of clearance and run involved cannot be arbitrated prior to next Sept. 1. Schoendstadt Theatres was an intervenor in the Georgia Anti-5 Bill Due to Be VotedonToday Atlanta, March 20. — A motion to consider Georgia's anti-block-of-five bill on the floor of the House was carried today by a vote of 75 to 43. The bill is expected to be voted on by the House tomorrow after failure of an attempt to bring it to a vote today. Opponents of the measure, which has been passed by the Senate_ but was rejected by a House committee, claim sufficient votes to kill it. They also claim the governor opposes it. Representatives of parent-teachers associations and women's clubs ap- peared in the House today in opposi- tion to the measure. The bill would invalidate the industry consent decree in this state and would require all distributors to offer their full season's product program, with a 20 per cent cancellation privilege, to the exhibitor. Business, Professional Families Are Best Film Customers in New England Washington, March 20.— Families of independent business and professional men are the exhibitors' best customers in New Eng- land, it was reported tonight by the Bureau of Labor Statistics in an analysis of family expenditures in that area. The survey showed also that there is little difference in the mo- tion picture expenditures of families in large, middle-sized and small cities, although there is less money spent on all recreation in the small communities, due probably to the fact that there are fewer other amusements available. In general, it was found, average expenditures for motion pic- ture attendance of families in the large cities run from $3 a year in the $500-$750 income group to $29 for the $2,500-$3,000 group; in the middle-sized cities from $3 to $30, and in the small cities from $5 to $29. In the same income groups, the expendi- tures of the professional and business classes were found to be slightly higher than those of the clerical and wage-earning classes. The motion to dismiss was made by Eli Fink, of the law firm of Spitz & Adcock, representing Paramount and RKO ; Aaron Stein, counsel for the Schoenstadts, and Felix Jenkins, of New York, general counsel of 20th Century-Fox. The dismissal was granted following a brief recess dur- ing which Megan examined the decree sections cited on behalf of the motion. Megan held that since the complaint involved a request for first run, it failed to come within the provisions of either (Continued on page 4) Army, Navy Heads Will Attend 'Wings' Industry executives and trade paper representatives will attend the open- ing of Paramount's "I Wanted Wings" at the Astor Theatre on Wednesday evening, in addition to many ranking Army and Navy offi- cers, stage and screen stars, members of society and a Hollywood delega- tion. Paramount officials at the premiere will include Barney Balaban, Stanton Griffis, Adolph Zukor, John Hertz, Harvey Gibson, Neil Agnew, John Hicks, R. M. Gillham, Charles Rea- gan, Joseph J. Unger, George Smith, Paul Raibourn. Arthur Israel, Jr., Oscar Morgan, Duncan Harris, George Weltner, M. S. Russell, Fred Mohr- hardt, Louis Phillips, W. B. Cokell, (Continued on page 4) In Today's Issue Broadway and key city grosses of current pictures will be found on Pages 8 and 9. Late news flashes from the Coast, on Page 2. Motion Picture Daily Friday, March 21, 1941 Coast Flashes Hollywood, March 20 Y FRANK FREEMAN, Para- • mount production head, will leave for New York tomorrow and from there will go to Hot Springs, Va., for the Paramount theatre part- ners' three-day meeting starting next Thursday- • E A. Thomas and other lessees of the Grand Wilshire Theatre today filed a counter suit against RKO over the repossession of "Primrose Path' and demanded $20,000 damages, half actual and half punitive. The counter suit charged the film was leased for two weeks starting March 1 and that RKO took it back because it acquired new value due to Ginger Rogers' win- ning the Academy award. RKO filed suit for recovery of the print follow- ing the theatre's advertising "Primrose Path" as a sex picture. • William A. A. Castellini, president of the Notre Dame Club of Philadel- phia, today wired Everett C. Callow, winner of the silver plaque in the 1940 Quigley Showmanship Awards, that "in recognition of your services to University of Notre Dame and the Philadelphia Club" Callow has been elected a member of the club's board of governors. Callow is with War- ner Theatres in Philadelphia. • John Ardizona today filed a $150,- 000 damage suit against Olympe Bradna and Paramount alleging his manuscript, "A Bird on a Flying Tra- peze" was plagiarized in "Night of Nights." Ardizona said he gave the story to the actress who submitted it to the studio. • George Batchellor and Sigmund Neufeld of Producers Releasing Corp., left today for Chicago to attend the company's convention, Saturday and Sunday. • Stephen Vanderveer, New York executive for George Pal Produc- tions, making Puppetoon cartoons for Paramount release, arrived today. New Ft. Houston House San Antonio, Tex., March 20. — A second theatre at Fort Sam Houston to accommodate increased enlistments is being built at an estimated cost of $40,000. It will seat about 1,100. RESTAURANTS 1626 BROADWAY 1655 (Next to the Rivoli Theatre) (51st Street Corner) For over 20 years the luncheon and dinner place for Motion Picture People Sole agents in New York for FAMOUS BLUM'S ALMONDETTES from San Francisco, California Personal Mention N L. NATHANSON is in New • York from Toronto. Arthur A. Lee leaves for the Coast today. • Martin Mullin and Sam Pinan- ski are here from Boston for Para- mount home office conferences. • J. Noble Braden, executive secre- tary of the American Arbitration As- sociation, arrived from the Coast yes- terday. • Adolph Osso, French film pro- ducer, formerly associated with Para- mount abroad, is en route to New York from Lisbon. • Joseph Moskowitz, Norman El- son, Harry Gold, Martin Mosko- witz, Florence Eldridge, Fredric March and Joseph Pincus at Lin- dy's (Slst St.) yesterday for lunch. • Lilla Ruth Evans, daughter of Frank Evans, Altec inspector in At- lantic City, and Edgar F. Horner were married this week. • Mr. and Mrs. Samuel Calechman of the Howard Theatre, New Haven, are en route to Miami Beach by car. A -MIKE VOGEL, editor and chairman of Managers' Round Table of Motion Picture Herald cele- brates a birthday on Sunday. • Robert Wolff, Monroe Green- thal, Al Margolies, Edward Pes- kay, Emanuel Silverstone, Morris Helprin, Morris Kinzler, Dan Fraxkel, Seymour Poe and Harry Kosiner at Lindy's (next to the Riv- oli) for lunch yesterday. • Harry Fishman of the Commun- ity Theatre, Fairfield, Conn., has re- turned from five weeks in Miami Beach with his family. • Mrs. Louis Pratt, Deep River, Conn., exhibitor, has returned home from the hospital. • Charles E. McCarthy, M. A. Schlesixger, George Weltner, Wil- liam Brandt, Milton Kusell and Owen Davis having lunch yesterday at Nick's Hunting Room in the Astor. • Laudy Lawrexce, Robert Milton, Sidney Phillips, John D. Hertz, Jr., Donald Gibbs and Dave Blum lunching yesterday at Sardi's. • Harold Ekin, exhibitor in Stam- ford, Conn., has gone to Florida. Conn. Taxation Bill Dead This Session New Haven, March 20. — The "taxation of motion picture industry" bill, filed in blank as H.B. 2353, was not sponsored nor any full bill sub- stituted at its scheduled hearing be- fore the Judiciary Committee, and therefore will merit no further con- sideration for this session of the legis- lature. Two games bills, one to create a commission to regulate playing of the games throughout the state, and the other to substitute a maximum of $500 cash prizes for the present merchan- dise prize clause, were heard by the Judiciary Committee today. Suchman to Take New Post Shortly Al Suchman, former head film buy- er for Consolidated Amusement En- terprises, which has been sold to Ju- lius Joelson, has not joined National Screen Service, as was reported re- cently. He is remaining in his post at Consolidated, now J. J. Theatres, for a short while merely to clear pend- ing matters, and is expected to an- nounce a new association shortly. Abbott, Costello Party Universal will give a cocktail party at 21 Club on Monday for Bud Abbott and Lou Costello, who will leave for the Coast that night to start work on their second picture for the company, "We're in the Navy, Now." Plan New Orleans House New Orleans, March 20. — United Theatres, Inc., plans to construct a $45,000 theatre at St. Claude and Bar- tholomew Streets here. Industry Is Aiding Canada War Drive Montreal, March 20. ■ — Canadian exchanges, circuits and independent exhibitors will assist the joint War Services appeal for funds. Y. M. C. A., Canadian Legion, Salvation Army and Knights of Columbus war ser- vices will combine their campaign for funds to carry on work among Cana- dian armed forces. During the period from tomorrow to April 5, theatres from coast to coast will donate screening time to special trailers produced by Asso- ciated Screen Studios to assist the campaign. It is expected that over 800 Canadian theatres will play the special trailer, which will be distrib- ute under direction of the Canadian Film Boards of Trade. Republic-Saenger Deal New Orleans, March 20. — The first large circuit deal for Republic's 1941- '42 program was closed today by James R. Grainger, president, with the Paramount-Richards-Saenger Theatres Corp. Gaston Dureau and John Rich- ards represented the circuit. A. C. Bromberg, Republic's Southern fran- chise holder, and Leo Seicshnaydre, New Orleans branch manager, sat in on the deal. Grainger left today for St. Louis. Steam Joins Schine Rochester, March 20. — New dis- trict manager for Schine here is Harry D. Stearn, who comes to Rochester from Newark, where he was associated with Rapf & Ruden, and Warner Bros. Newsreel Parade 'T' HE big news in the new issues is an account of the surprise Britisli raid on the Lofoten Islands, Norway, whence both traitor and volunteer Norwegians and Nasi prisoners were taken back to England. The films were shipped here on the Atlantic Clipper. The contents: MOVIETONE NEWS, No. 56-BritSi raid on Norwegian coast. Mass produc- tion of military trucks in Michigan. Cav- alry show in Georgia. Boston fishing vessels frozen in. Giant tent in Washing- ton. Fashions. Bowling congress in St. Paul. Dazzy Vance in retirement. Record snowfall in Virginia. NEWS OF THE DAY, No. 254— British victory in Norway. Roosevelt dedicates Washington art gallery. Cavalry maneu- vers in Georgia. Gale wrecks boat at Fire Island, N. Y. N. Y. fashions. Horse racing. Bowling conference in St. Paul. PARAMOUNT NEWS, No. 59— Dogs in Minneapolis field trials. Art sales in San Francisco streets. Art statuettes _ of the late Will Rogers. New navy ship in Bos- ton. Annual show of Columbia Univer- sity. Fort Oglethorpe field artillery in action. Surprise British raid on the Lofo- ten Islands. RKO PATHE NEWS. No. 59— British raid Lofoten Islands. Donovan returns from Europe. Georgia troops in maneuvers. Huge tent covers Washington dam. Boat regatta in Florida. New trucks in array service. Will Rogers' statuettes. Steeple- chase race at Pinehurst. Bowling congress in St. Paul. UNIVERSAL NEWSREEL. No. 964— Cavalry maneuvers in Georgia. Student pilots in Alabama. Speed production of army trucks. Anti-aircraft training in Alabama. New navy ship in Boston. Food ship sails to France. Washington art gal- lery opens. Big tent over Washington dam. Basketball at Madison Square Gar- den. Bowling conference in St. Paul. Building Bill in N. Y. Favorably Reported Albany, March 20. — Assemblyman James J. Wadsworth's bill which pro- vides that plans for construction of public assembly buildings, including theatres, excepting for New York City, be submitted firs to the Indus- trial Commissioner has survived the committee "kill session" and has been sent to Rules Committee for con- sideration. Almost every other bill of interest to theatres so far as labor conditions and statutes are concerned was de- feated in the Labor and Industries Committee, before the group com- pleted its work for the session. House Employe Killed Rochester, March 20. — Charles Parkhurst, house electrician at the Century Theatre here was killed in an automobile accident. MOTION PICTURE DAILY (Registered V. S. Patent Office) Published daily except Saturday, Sunday and holidays by Quigley Publishing Company, Inc., 1270 Sixth Avenue, Rockefeller Center, New York City. Telephone Circle 7-3100. Cable address, "Quigpubco, New York." Mar- tin Quigley, Editor-in-Chief and Publisher; Colvin Brown, Vice-President and General Manager; Watterson R. Rothacker, Vice- President; Sam Shain, Editor; Alfred L. Finestone, Managing Editor; James A. Cron, Advertising Manager; Chicago Bureau, 624 South Michigan Avenue, C. B. O'Neill, Manager; Hollywood Bureau, Postal Union Life Building, William R. Weaver, Editor; Leon Friedman, Manager; London Bureau, 4 Golden Square, London Wl; Hope Wil- liams, Manager, cable address "Quigpubco. London." All contents copyrighted 1941 by Quigley Publishing Company, Inc. Other Quigley publications: Motion Picture Herald, Better Theatres, International Motion Pic- ture Almanac and Fame. Entered as second class matter, Sept. 23, 1938, at the post office at New York, N. Y., under the act of March 3, 1879. Subscription rates per year S6 in the Americas and $12 foreign. Single copies 10c. ..nt gives you paramount 9 Easter eoi«bina ^ "One of the greatest pieces of enter- tainment ever! Should write boxoffice history ! " — Hollywood Reporter BING BOB DOROTHY CROSBY • HOPE • LAMOUR "ROAD TO ZANZIBAR with Una Merkel • Eric Blore Screen Ploy by Frank Butler and Don Harlmon Directed by Victor Schertiinger "A distinctive addition to programs everywhere!" — M. P. Daily RAGGEDY ANN and RAGGEDY ANDY" Adapted from the works written byJohnny Gruelle A Max Fleischer Cartoon in Technicolor Direction: Dave Fleischer , SEs. Motion Picture daily Friday, March 21, 1941 Chicago First Run Complaint Gets Dismissal (Continued from page 1) Section 8 or Section 10 of the consent decree and, therefore, cannot be arbitrated before next Sept. 1. The Ken Theatre is owned by Banowitz & Landis. Alvin Landis, plaintiff's counsel, in his argument al- leged that the defendant distributors had granted unreasonable clearance to Schoenstadt's Shakespeare Theatre over the Ken, and then had not given the Ken "reasonable clearance" over Schoenstadt's Pic. He asserted that the Ken paid the same film rental as the Shakespeare, which enjoyed clear- ance over the former only because it was a part of the sizable Schoenstadt circuit, he said. In reply, Stein stated that clearance is not run and, therefore, the arbitra- tor lacked jurisdiction under Section 8, the decree's provisions relating to arbitration of clearance. He pointed out, also, that Section 10 of the decree, covering arbitration of runs, does not become effective until after next Aug. 31. British May Revise Reserved Listings London, March 20. — The British Government is expected shortly to take steps to accede to the film in- dustry's request that the plan to revise the reserved classification listing of film technicians be modified. The industry had feared an acute shortage of technicians in studios and and theatres if the Government plan, which would further have restricted the number of film employes listed as in reserve occupationSj were put into effect April 1, as scheduled. The Government's conciliatory at- titude has been indicated in word cir- culated about Whitehall and in a state- ment of Ernest Bevins, Minister of Labor, in the House of Commons to- day. It is believed in the trade that the recent Ministry of Labor state- ment that the industry situation mer- ited investigation will result in the formation of a committee representing the Ministry and the industry. Bevin, questioned in Commons to- day, promised that before a final deci- sion is reached the situation will be thoroughly investigated. The question- ing particularly concerned the effect of the new regulations on the output of propaganda films. He declared that even though the age limit might be raised on April 1, it did not necessarily mean that every man would be called up immediately to serve with the armed forces. One-Man Show St. John, N. B., March 20 AT W. Mason, owner of the 1 V • Roseland and Academy here, who is 77, has consti- tuted himself a one-man en- tertainment source for Cana- dian service men. When he found that local service camps lacked amusement, he resurrected an old play, "The Old Homestead," and acting as star, director and pro- ducer, he plans a road tour for service units. He has been off the stage for about 40 years. Skouras Weighs Decentralization $204,320 Paid to Paley During 1940 CBS paid William S. Paley, presi- dent, $204,320 in salary during 1940 according to the proxy statement for the annual meeting filed at the N. Y. Stock Exchange yesterday. Army, Navy Heads Will Attend 'Wings' (Continued from page 1) Claude Lee, Russell Holman, E. A. Brown and G. B. J. Frawley. Also, William Erbb, Harry H. Goldstein, E. W. Sweigert, Allen Usher, R. C. LiBeau, Hugh Braly, Hugh Owen, J. F. Kirby and Dell Goodman, Paramount district mana- gers to be here for the occasion. Other representatives of the indus- try will be: Maurice Silverstone, Joseph Bernhard, J. Cheever Cowdin, Nate J. Blumberg, Jack Cohn, David Bernstein, Arthur Kelly, J. J. O'Con- nor, William Brandt and Harry Brandt. Trade paper men will include : Martin Quigley, Sam Shain, Abel Green, Jack Alicoate, Jay Emanuel, Charles Lewis and Maurice Kann. Army and Navy Men Among the Army and Navy men and other celebrities scheduled to at- tend are: Major General Delos Em- mons, Commanding General of the U. S. Army Air Force General Head- quarters ; Madeleine Carroll, Lieut- Gen. Hugh A. Drum, Commanding General of the First Army ; Clarence Chamberlain, transAtlantic flyer ; Mary Martin, Major General Henry H. Arnold, Chief of the United States Army Air Corps ; Colonel John B. Brooks, Commander of Randolph Field ; Robert Patterson, Under Sec- retary of War ; James V. Forrestal, Under Secretary of the Navy ; Orson Welles and Dolores Del Rio. Rear Admiral John H. Rowers, chief of the Bureau of Navy Aero- nautics; Major General James E Chaney, commanding general of Mitchell Field; Roy Howard, Arthur Hays Sulzberger, Miriam Hopkins Neysa McMein, Katharine Brush, Deems Taylor, Clayton Knight, Willy Pogany, Brigadier General John C. McDonnell, Colonel William E. Kep- ner, Colonel Douglas Johnston, Moss Hart and Norman Bel Geddes. LaGuardia Proclaims Week Guthrie McClintic, Gilbert Miller, Ilka Chase, Brigadier General Irving J. Phillipson, Commanding General of the 11th Corps Area, Brigadier General Francis B. Wilby, chief of staff of the First Army, Harvey Dow Gibson, Cornelius Vanderbilt Whitney Gene Tunney and Colonel William J. Donovan. Mayor F. H. LaGuardia has pro claimed the week of March 23 to March 29 as "Flying Cadet Week," in connection with the opening of the film at the Astor. The Army is co operating with the exhibition of one of the newest fighting planes, a Cur- (Continued from page 1) have local or regional buying, and the plan was discussed at the recent annual meeting of National Theatres in California. If decided upon, the new buying set- up would be similar to that used for the last several years by Warner and Paramount theatres. There has been no indication that Loew's or RKO theatres plan to trans- fer their film buying from the home office to the field. Decentralization of film buying by affiliated circuits such as National is not required by the industry consent decree, which stipulates only that the buying, wherever done, must be through the exchange serving the ter- ritories in which the theatres are lo- cated. The move is being studied by National, it is said, only in the light of its possible advantages in efficiency and economy. tiss P-40 pursuit plane, in Times Square. With the plane will be a band, anti-aircraft detachment from Fort Totten and a recruiting trailer truck. Exhibits of flight training stills from the film will be placed in 25 New York department stores. An "I Wanted Wings" model airplane con- test will be sponsored by the Air Youth of America. Press to See "Wings" In Texas Tomorrow San Antonio, March 20. — Ap- proximately 30 newspaper and news photo service representatives will at- tend the showing of Paramount's "I Wanted Wings" at the post the- atre at Randolph Field near here on Saturday. Paramount representatives and Army officers also will attend. Cliff Lewis, Paramount studio pub- licity head, and Jack Dailey, district advertising manager, are in charge of arrangements here. An air show, tea- dance and a dinner for visitors will precede the showing. Veronica Lake, William Holden and Wayne Morris of the film's cast also will attend, as will Fred Starz, Raymond Willi, R. J. O'Donnell and William O'Donnell of Interstate Circuit, Dallas. Newspaper Men Invited The following press representatives are scheduled to be present : Jack Moffitt, Kansas City Star; Robert Johnson, Memphis Press Scimitar; Ward Marsh, Cleveland Plain Dealer: Tohn Rosenfield, Dallas News; Mark Barron, AP ; Martin Kane, UP : Wil- liam Kelly, INS ; Ira Wolfert, North American Newspaper Alliance; Paul Peters, Life Magazine; Tony Sande, Acme News Photos; George Alex- anderson, Time-Wide World- Sam Shere, INS Photos ; Phil Ratnoff. AP. Jack Gordon, Forth Worth Press; Ron Roussel, Houston Press: Ben Turner, Daily Oklahoma^; Mildred Stockard, Houston Chronicle: Paul Hochuli, Houston Press; Graydon Heartsill, Dallas Times Herald; John Booker, Tulsa World: Edward Barr, Dallas Journal; Robert Gray. Memphis Commercial Appeal; Keith Wilson, Omaha World Herald: A. Di Bernardi, Jr., Denver Post: Donald Thompson, St. Louis Post Dispa-tch : Boyd Martin, Louisville Courier Journal; Ken Clavton, Des Moines Register and Tribune and Douglas Largen, Jr. Every Picture Can Be Sold, Ampa Is Advised by Mayer (Continued from page 1) long since I played a good one that I don't know anything about them. It was my impression they did not have ■ to be sold. They sell themselves. It's T the bad ones we have to sell, and Hollywood gives us plenty of prac*" doing it." ^HP*; Mayer related that the Rialto has never played a picture, regardless of what the critics thought about it, that did not meet with favor from some segment of its patronage, and, con- versely, never has played a picture which all of its patrons liked. Urges Vivid Copy "Therefore," he said, "I believe that we must sell our product, whether we personally consider it good or bad, with warmth and color, with vivid phrases and glowing adjectives. Our patrons have been conditioned to ex- pect such advertising and will re- spond to nothing less." Mayer cautioned the adver- tising men not to take too se- riously the current criticisms of industry advertising, and to shy away from emulating the advertising of other industries, pointing out that more and more of them are borrowing lessons in showmanship from film and theatre advertising. He said he would match the adver- tising chiefs of this industry with those of any other industry and urged Ampa to establish annual awards for outstanding campaigns, comparable with the production awards of the <\cademv of Motion Picture Arts & Sciences. Mayer was introduced by Lou Pol- lock, Eastern advertising and publicity manager for Universal. Pollock and T^ck Guilford of the "Meet the People" cast, who depicted an habitual natron of the Rialto, established the croper atmosphere for Mayer's "mes- sage." Reports on Women's Poll Agnes Mengel of the Paramount ourchasing department reported to the meeting on the results of a recent poll of women's film preferences. The poll was conducted for Paramount and re- vealed, among other things, that a large majority of women theatre pa- trons prefer films to the radio and entertainment films to those of social significance. Leon Bamberger presided. Among those present were : Barnev Balaban. Charles D. Prutzman. Neil Agnew. W. Ray Tohnston, William Sussman. F. J. A. McCarthy, Leonard Golden- son, Maurice Bergman, Toseph Bern- hard, Sam Dembow, Leon Netter, Peyton Gibson, Samuel Machnovitch. Sam Pinanski, Walter Gould, Arthur Tsrael, Lou Phillips, C. J. Scollard, M. T. Mullin, Hank Linet. Grace Ro- senfield, H. M. Richey, Toseph Bur- stvn. Rutgers Neilson, Oscar Serlin, Boris Morros, Irene Thirer, Harry Thomas, George Smith, Simone Si- mon, Walter Cokell. Alec Moss, Eddie Klein and G. B. Odium. Ned Depinet, RKO vice-president, will be guest speaker at the April 3 Ampa luncheon. THAT NIGHT IN RIO AT THE LINCOLN, ■VUAML ,^^'\ Ibeats "** lames I -beats "The Grapes of Wrath"! ~~beats "Tobacco Road"! BEATS EVERYTHING FOR fHE BIGGEST WEEK'S BUSINESS IN HISTORY DF THE HOUSE! THE HOTTEST WORDS IN SHOW BUSINESS ARE THE GREAT CHAPLIN . . GREATEST OF ALL BOXOFFICE NAMES FOR 20 YEARS . . GREATER TODAY THAN EVER BEFORE AS "THE GREAT DICTATOR" AT POPULAR PRICES SMASHES ALL KEY CITY RECORDS! PHILADELPHIA, Stanton 384% of average. Second week bigger than first. Looks like 6 weeks minimum run! ALBANY, Warner's Strand All records surpassed. All-time weekday opening house record topped! UTICA, Stanley Every record smashed! PATERSON, Fabian Every record smashed! BUFFALO, Great Lakes Every record smashed! Held over, of course! DETROIT, Michigan Hits $40,000 first week — held over! SCHENECTADY, Proctor's Every record smashed! EDMONTON, Rialto Every record smashed! RACINE, Rialto Every record smashed! KENOSHA, Kenosha Every record smashed! WILLIAMSPORT, Rialto Every record smashed! L0EW CIRCUIT Held over in Akron, Harrisburg, London, Norfolk, Richmond, Washington, Wilmington, Provi- dence and Reading! Watch other Loew openings for more hold-overs! HAZELTON, Capitol Every record smashed! GLENS FALLS, Paramount Every record smashed! Held Over! BINGHAMTON, Strand Every record smashed! PASSAIC, Montauk Every record smashed! POPULAR PRICES MAKE CHARLIE CHAPLIN MORE POPULAR THAN EVER H0WMEN1 8 Motion Picture Daily Friday, March 21, 1941 'Doe' in Strong Pace on B Vay With $55,000 Despite the buffeting of frigid winds which swept New York this week, grosses on Broadway held to fairly strong levels, the box-office re- ceipts indicate. "Meet John Doe" paced the field. It drew an estimated $55,000 at two theatres for the first week, which ended Wednesday. The individual grosses were estimated $35,000 at the Rivoli and $20,000 at the Hollywood. The Radio City Music Hall is hold- ing "Cheers for Miss Bishop" a sec- ond week, starting yesterday, after a first week's gross, with a stage show estimated at $77,000. At the Roxy, "That Night in Rio" plus a stage show, is expected to end its second week tonight with $39,000. The third week begins tomorrow. "Footsteps in the Dark" took an estimated $26,000 in its single week at the Strand ending last night, with Ben Bernie and his orchestra on the stage. It will be replaced starting this morning by "The Sea Wolf" and Charlie Spivak's band. "Night Train" will complete its 12th week at the Globe tonight with an estimated gross of $4,000. It is continuing at the theatre. 'Wind' Mexico City Record Is $84,000 Mexico City, March 19. — "Gone With the Wind," which recently com- pleted a run of seven weeks at the Alameda and three and a half at the Iris, grossed a total of 405,000 pesos ($84,000), of which 350,000 pesos ($71,500) was the Alameda gross, a new record for exhibition in Mexico. The film will not be shown here again for at least a year. The film took $15,500 in the first week at the Ala- meda. The use of two theatres, at high admissions of 55 to 67 cents, was not considered successful, since both the- atres were to have run the film for six weeks. The Iris dropped it after three, since the greater portion of the business was going to the Alameda, a more comfortable and better equipped house. The record had been held by "Rebecca," which took $32,500 in four weeks. The record for length of run here is still being made by "All This, and Heaven Too," now in its 12th week at the Cine Rex. New Comedy Opens At Hudson Sunday A new comedy, "My Fair Ladies," by Marcel Klauber and Arthur Jarrett, opens Sunday night at the Hudson Theatre with Betty Furness, Celeste Holm, Herbert Yost and Russell Hardy in the principal roles. Albert Lewis and Max Siegel produced. Lewis also directed. SMPE Convention Program Complete New technical advances in the in- dustry and an all-day session with the Acoustical Society of America, will feature the annual Spring Convention of the Society of Motion Picture En- gineers, scheduled for the Sagamore Hotel in Rochester, May 5-8, inclu- sive. Emery Huse, recently elected president, will preside. An informal luncheon will feature the first day's session, on Monday, May 5. Technical sessions will be held in the hotel's Glass House each day of the session. The 48th semi- annual banquet and dance has been set for Tuesday evening. W. C. Kunzmann is convention vice-presi- dent. Airs. C. M. Tuttle, convention hostess, has arranged a program for the wives of members. The convention will conclude follow- ing morning and afternoon technical sessions on Thursday. A highlight will be a demonstration of stereophonic sound by Bell Telephone Laboratories at the Eastman Theatre on Wednes- day evening. Committee chairmen are : reception, G. A. Blair ; registra- tion, W. C. Kunzmann ; hotel, F. E. Altman; banquet, I. L. Nixon; pro- jection, H. F. Heidegger; ladies' re- ception, Mrs. C. M. Tuttle; pub- licity, Julius Haber. 'Tobacco' Is Seattle High, With $8 ,700 'Andy Hardy9 Omaha Leader with $7,700 Omaha, March 20. — "Andy Hardy's Private Secretary" grossed $7,700 at the Omaha for the city's best. The weather was clear and warm. Estimated takings for the week end ing March 11-12 : "Mr. and Mrs. Smith" (RKO) "Case of the Black Parrot" (W. B.) BRANDEIS — (1,200) (30c-40c-44c) 7 days, 2nd week. Gross: $3,600. (Average, $4,000) "Andy Hardy's Private Secretary" (M-G-M) "Blonde Inspiration" (M-G-M) OMAHA— (2,000) (30c-44c) 7 days. Gross $7,700. (Average, $6,000) "Buck Privates" (Univ.) "You're the One" (Para.) ORPHEUM — (3,000) (30c-44c) 7 days Gross: $7,800. (Average, $7,200) Seattle, March 20. — "Tobacco Road" at the Fifth Avenue, with little competition from other sources, took $8,700. The weather was warmer than usual, and extremely dry. Estimated receipts for the week ending March 15 : "Andy Hardy's Private Secretary" (M-G-M) "Ride, Kelly, Ride" (20th-Fox) BLUE MOUSE— (950) (30c-40c-50c-65c) 7 days, 3rd week. Gross: $3,800. (Average, $4,000) "Tobacco Road" (20th-Fox) "Play Girl" (RKO) FIFTH AVENUE— (2,500) (30c-4Oc-S0c- 65c) 7 days. Gross: $8,700. (Average, $7,000) "This Thing Called Love" (Col.) "The Phantom Submarine" (Col.) LIBERTY— (1,800) (30c-40c-50c-65c) 7 days, 5th week. Gross: $4,400. (Average, $5,000) "Western Union" (20th-Fcx) "The Wild Man of Borneo" (M-G-M) MUSIC BOX— (950) (30c-40c-50c) 7 days, 3rd week. Gross: $3,200. (Average, $4,000) "Strawberry Blonde" (W. B.) "Behind the News" (Rep.) ORPHEUM— (2,450) (30c-40c-50c) 7 days, 2nd week. Gross: $5,600. (Average, $6,000) "Devil's Pipeline" (Univ.) "Arkansas Judge" (Repub.) PALOMAR — (1,500) (20c -30c -40c -50c) 7 days. Garry Nottingham's Band on stage. Gross: $5,600. (Average, $5,000) "Maisie Was a Lady" (M-G-M) "Trial of Mary Dugan" (M-G-M) PARAMOUNT — (3,050) (30c-40c-50c) 7 iays. Gross: $5,700. (Average, $6,000) Cleveland Is Slow; 'Blonde' at $5,100 Cleveland, March 20. — "Straw- berry Blonde" was the leader here in an extremely slow week, drawing $5,100 at the Allen in its second week. "Tobacco Road" hit $11,600 at the Hippodrome, the only other film to go above average. Estimated receipts for the week ending March 13 : "Strawberry Blonde" (W. B.) ALLEN— (3,000) (33c-39c-47c) 7 days, 2nd week. Gross: $5,100. (Average, $4,000) "Tobacco Road" (20th-Fox) WARNERS' HIPPODROME — (3,800) (33c-39c-47c) 7 days. Gross: $11,600 (Average, $11,000) "Four Mothers" (W. B.) RKO PALACE— (3,100) (33c-47c-55c) 7 days. Bobby Byrne's orchestra on stage. Gross: $11,500. (Average, $13,500) "Come Live With Me" (M-G-M) LOEW'S STATE-(3,500) (33c-39c-47c) 7 days. Gross: $10,800. (Average, $11,000) "Maisie Was a Lady" (M-G-M) LOEW'S STILLMAN-(33c-39c-47c) 7 days. Gross: $3,500. (Average, $4,000) Roach Suit Examinations Hal Roach Studios, Inc., yesterday filed notice in U. S. District Court here that it will examine 10 officials of Loew's and M-G-M Distributing Corp. in reference to its suit for $1,- 263,993. The examinations will be held March 31 at the offices of Schwartz and Frohlich, attorneys for Roach. 'Road' with $9,000 High in Kansas City Kansas City, March 20. — "Tobac- co Road," at the Esquire and the Up- town, drew $9,000, with $5,200 at the former and $3,800 at the latter. Com- petition was severe from a police cir- cus, basket-ball tournaments, and an ice show. Estimated receipts for the week end- ing March 10-13: "Tobacco Road" (20th-Fox) ESQUIRE— (800) (28c-44c) 7 days. Gross: $5,200. (Average, $2,200) "So Ends Our Night" (U. A.) Blondie Goes Latin" (CoL) MIDLAND — (4,000) (28c-44c) 7 days. Gross: $5,500. (Average, $9,500) "Hard Boiled Canary" (Para.) "Life With Henry" (Para.) NEWMAN — (1,900) (28c-44c) 6 days. Gross: $5,500. (Average, 6 days, $6,000) "High Sierra" (W. B.) "Play Girl" (RKO) ORPHEUM— (1,500) (28c-44c) 6 days, 2nd week. Gross: $3,600. (Average, 6 days, $4,200) "Arkansas Judge" (Rep.) TOWER — (2,200) (30c) 7 days. Stage: Pepito, Chester Fredericks and Gloria Lane, Wen Hai Chinese Troupe. Gross: $6,000. (Average, $6,000) "Tobacco Road" (ZOth-Fox) UPTOWN— (2,000) (28c-44c) 7 days. Gross: $3,800. (Average, $3,000) 8 -Month Revenue On Admission Tax Up to $45,394,103 Washington, March 20. — Eight months of application of the lower ad- mission tax exemption and improved business have netted the Treasury an additional revenue of $31,334,720, it was disclosed today by the Internal Revenue Bureau. ^ Federal collections from the ao^^j mission tax in February totaled $6,^Pj 495,284, bringing the total for the first eight months of the fiscal year to $45,- 394,103, it was stated. Collections in February, 1940, were $1,852,764 and for the eight months then ended, $14,- 059,383. The February collections were the lowest since last September, repre- senting the effects of three months of declining revenue from the 1940 high of $7,124,225 in November, and were almost exactly $88,000 under the January total of $6,583,278. In contrast with the trend nation- ally, collections in the Third New York (Broadway) District increased $303,600 between January and Febru- ary, from $1,287,553 to $1,591,157, it was reported. Collections in the same month last year increased from $156,- 901 to $605,031. Most of the increase was in collec- tions at box-offices, which jumped from $1,212,547 to $1,507,634. Collec- tions from tickets sold by brokers showed a slight loss, from $15,888 to $15,593, and from tickets sold by pro- prietors in excess of established prices from $151 to nothing. Receipts from the permanent use or lease of boxes and seats increased from $5 to $527 and from roof gardens and cabarets from $58,962 to $67,404. Bill Puts Georgia On Eastern Time Atlanta, March 20. — A bill to place the entire state of Georgia on Eastern Standard Time was passed by the House today and sent to the Governor for his signature. It will be effective immediately. Two-thirds of the state is on Eastern time, but Atlanta is on Central time, with day- light saving in the Summer. Exhib- itors have opposed such legislation in the past. The House killed the bill earlier in the session, but reconsid- ered it. NY Senate Passes Child Players Bill Albany, March 20.— The State Senate today passed the James-Man- ning bill exempting from present work restrictions child actors who perform for non-profit organizations or corpo- rations. This applies chiefly to legiti- mate stage performances by stock and dramatic companies. Exemption would be granted by written request of the parent and may- or or head of the city or village with notice to prevention of cruelty to chil- dren societies. The Assembly advanced the Wagner outdoor advertising regulation bill and two anti-discrimination measures af- fecting public business to a third read- ing for consideration next week. Assemblyman Wagner indicated he may again amend his outdoor advertis- ing bill. The measure is the mildest and least restrictive of many similar proposals this session. The pending Burrows anti-discrimi- nation bill sets up proceedings for complainants to file petitions with li- censing authorities and authorize hear- ings. If the offending place is found guilty of the charge, its license under the bill could be suspended for "not less than one month." Para. Extends Pacts Hollywood, March 20. — Para- mount has extended the contracts of Fred MacMurray, Paulette Goddard. Betty Field, Virginia Dale and Mar- tha O'Driscoll. Friday, March 21, 1941 Motion Picture Daily 9 Calloway and 'Chump' Take $13,900 in Hub Boston, March 20. — The Keith Boston garnered $13,900 with the ap- pearance of Cab Calloway and his Cotton Club Revue and "Meet the gChump." The week was otherwise "all, with "So Ends Our Night" at T^oew's State and Orpheum the only other attraction to show much appeal. Estimated takings for the week end- ing March 12 : "Meet the Chump" (Univ.) KEITH BOSTON — (3,200) (28c-33c-44c-55c- 65c) 7 days. Vaudeville including- Cab Cal- loway and his Cotton Club Revue. Gross: $13,900. (Average, $8,000) "The Son of Monte Crista" (U. A.) "Play Girl" (RKO) KEITH MEMORIAL — (2,907) (28c-39c- 44c-55c) 7 days, 2nd week. Gross: $11,500. (Average, $16,000) "Footsteps in the Dark" (W. B.) "Golden Hoofs" (ZOth-Fox) METROPOLITAN — (4,367) (28c-39c-44c- 55c) 7 days. Gross: $14,300. (Average, $15,500) "Flight from Destiny" (W. B.) "The Great Mr. Nobody" (W. B.) PARAMOUNT— (1,797) (28c-39c-44c-55c) 7 days. Gross: $5,700. (Average, $7,500) "Flight from Destiny" (W. B.) "The Great Mr. Nobody" (W. B.) FENWAY— (1,320) (28c-39c-44c-55c) 7 days. Gross: $3,700. (Average, $4,500) "Western Union" (20th- Fox) "You're the One" (Para.) SCOLLAY— (2,500) (28c -39c -44c -55c) 7 days. Gross: $3,800. (Average, $4,000) "So Ends Our Night" (U. A.) "Maisie Was a Lady" (M-G-M) LOEWS STATE— (3,000) (28c-33c-44c-55c) 7 days. Gross: $12,500. (Average, $12,000) "So Ends Our Night" (U. A,) "Maisie Was a Lady" (M-G-M) LOEW'S ORPHEUM— (2,900) (28c-33c-44c- 55c) 7 days. Gross: $17,300. (Average, $17,500) 'Tobacco Road' at $12,500 in Buffalo Buffalo, March 20. — "Tobacco Road" and "Sleepers West" made $12,500 at the Great Lakes, best in a generally good week. "Virginia" and "Life With Henry" continued strong in a second week at the Hippodrome with $8,200. Estimated takings for the week end- ing March 15 : "Come Live With Me" (M-G-M) "Land of Liberty" (M-G-M) BUFFALO — (3,489) (30c-55c) 7 days. Gross: $11,300. (Average, $12,000) "Tobacco Road" (ZOth-Fox) "Sleepers West" (20th-Fox) GREAT LAKES— (3,000) (30c-50c) 7 days. Gross: $12,500. (Average, $7,500) "Virginia" (Para.) "Life With Henry" (Para.) HIPPODROME— (2,100) (30c-50c) 7 days, 2nd week. Gross: $8,200. (Average, $6,800) "Convoy" (RKO) (4 days) "She Couldn't Say No" (W. B.) 4 days "Strawberry Blonde" (W. B.) "The Case of the Black Parrot" (W. B.) TWENTIETH CENTURY— (3,000) (30c- 50c) 7 days, split week. Gross: $7,500. (Average, $7,500) "Adam Had Four Sons" (Col.) "Ellery Queen, Master Detective" (Col.) LAFAYETTE— (3,000) (30c-50c) 7 days, 2nd week. Gross: $6,000. (Average. $6,300) Providence Gives 'Smith' Big $8,000 Providence, March 20. — "Mr. and Mrs. Smith" and "Little Men," paired at the RKO-Albee, took a fine $8,000. "Li'l Abner" and a stage show did $7,100 at the Metropolitan, but busi- ness elsewhere was only fair, the gen- eral complaint being that the big storm cut into business by 50 per cent. Estimated takings for the week end- ing March 12-13: "Mr. and Mrs. Smith" (RKO) "Little Men" (RKO) RKO-ALBEE— (2,239) (28c-39c-50c) 7 days. Gross: $8,000. (Average, $6,000) "Rage in Heaven" (M-G-M) "Blonde Inspiration" (M-G-M) LOEW'S STATE— (3,232) (28c-39c-50c) 7 days. Gross: $9,000. (Average, $11,000) "Tobacco Road" (ZOth-Fox) "The Great Mr. Nobody" (W. B.) MAJESTIC— (2,250) (28c-39c-50c) 7 days. Gross: $7,200. (Average, $7,000) "The Hard -Boiled Canary" (Para.) "Texas Rangers Ride Again" (Para.) STRAND— (2,200) (28c-39c-50c) 7 days. Gross: $4,300. (Average, $6,000) "Li'l Abner" (RKO) METROPOLITAN — (3,045) (28c-39c-55c- 75c) 3 days. Stage show with Bill Robin- son; Johnny Long and Orchestra; The Smoothies; Cass Daley; and Robbins Brothers and Mary. Gross: $7,100. (Aver- age, $4,700) "Along the Rio Grande" (RKO) FAY'S— (1,800) (33c-39c-44c) 7 days. Stage show with Texas Rangers; Don Costello and Three Byrne Sisters; Elmer Cleve & Co.; Weber Brothers and Conchita; Le Van & Bols. Gross: $4,900. (Average, $5,000) "Andy Hardy's Private Secretary" (M-G-M) "The Wild Mara of Boreo" (M-G-M) CARLTON— (1,526) (28c-39c-50c) 7 days, 2nd week. Gross: $2,700. (Average, $3,500) "This Thing Called Love" (Col.) (3 days) "The Saint in Palm Springs" (RKO) (3 days) "High Sierra" (W. B.) (4 days) "You're the One" (Para.) (4 days) EMPIRE— (1,200) (20c-28c)) 2nd run. Gross: $1,600. (Average, $1,700) 'Andy Hardy' Draws $11,000, Denver Best Denver, March 20. — "Andy Hardy's Private Secretary" on a double bill took $11,000 at the RKO Orpheum while "You're the One" with a Major Bowes stage show drew $10,000 at the Denham. Estimated receipts for the week ending March 4-7 : "Nice Girl" (Umiv.) ALADDIN— (1,400) (25c-40c) 7 days, 2nd week. Gross: $2,200. (Average, $2,000) "You're the One" (Para.) DENHAM — (1,750) (25c-35c-40c) 7 days. Major Bowes amateur show on the stage. Gross: $10,000. (Average, $6,400) "Strawberry Blonde" (W. B.) "Lone Wolf Takes a Chance" (Col.) DENVER — (2,600) (25c-35c-40c) 7 days. Gross: $10,900. (Average, $8,700) "Andy Hardy's Private Secretary" (M-G-M) "Lend of Liberty" (M-G-M) ORPHEUM— (2,600) (25c-35c-40c) 7 days. Gross: $11,000. (Average, $8,700) "Son of Monte Crista" (U. A.) "Meet Boston Blackie" (Col.) PARAMOUNT — (2,200) (25c-40c) 7 days. Gross: $4,300. (Average, $3,800) "Western Union (ZOth-Fox) "Out West with the Peppers (Col.) RIALTO1 — (900) (25c-40c) 7 days, 3rd week. Gross: $2,600. (Average, $2,100) "Come Live With Me" (M-G-M) "Play Girl" (RKO) BROADWAY— (1,040) (40c-50c) 7 days, 2nd week. Gross: $2,600. (Average, $2,500) Union Holds Smoker Rochester, March 20. — The local operators' union held its first annual smoker here last night. Charles E. Mason, Harmon J. Smith, Louis Levin, William Ingram, Louis Town- send and Louis B. Goler were in charge of arrangements assisted by Fred Boekhout, business agent. Mexican Woman Sound Engineer Mexico City, March 20.— Claiming to be the only woman film sound engineer who is a Mexican and work- ing in Mexico is Consuelo Rodriguez. She is the young- est member of the Mexican family that is well repre- sented in the film industry. She was taught by her two brothers, who are picture sound experts. 'Tobacco Road' Is St. Louis Winner St. Louis, March 20.— "Tobacco Road" led the city last week, grossing $11,800 at the Fox. Estimated takings for week ending March 13: "Come Live With Me" (M-G-M) "Land of Liberty" (M-G-M) LOEW'S— (3,162) (28c-39c-44c-56c) 7 days. Gross: $11,500. (Average, $13,000) "Tobacco Road" (20th-Fox) "Ride, Kelly, Ride" (ZOth-Fox) FOX— (5,038) (30c-40c-50c) 7 days. Gross: $11,800. (Average, $11,000) "Strawberry Blonde" (W. B.) "Shadows on the Stairs" (W. B.) AMBASSADOR — (3,018) (28c-39c-44c-56c) 7 days. Gross: $11,500. (Average, $11,500) "Buck Privates" (Univ.) "Nice Girl?" (Univ.) MISSOURI— (3,514) (30c-40c-50c) 7 days, 3rd week. Gross: $5,200. (Average, $4,000) "Convoy" (RKO) "Let's Make Music" (RKO) ST. LOUIS — (4,000) (25c -35c) 7 days. Gross: $2,000. (Average, $2,600) 'Gob' Garners Good $20,500, Leads Frisco San Francisco, March 20. — Aided by world premiere and many stars, plus Carl Brisson on the stage, "A Girl, a Guy and a Gob" soared to $20,500 in the first week at the Golden Gate. "Fantasia" had $15,800 in the second week at the Geary. The weather was excellent. Estimated receipts for the week ending March 11-15: "A Girl, a Guy, and a Gob" (RKO) GOLDEN GATE— (2,850) (35c-40c-55c) 7 days. Stage: vaudeville. Gross: $20,500. (Average, $15,000) "Buck Private" (Univ.) "Meet Boston Blackie" (Col.) ORPHEUM — (2,440) (15c-35c-40c-50c) 6 days, 2nd week. Gross: $6,500. (Average, $8,000) "Strawberry Blonde" (W. B.) "Honeymoon for Three" (W. B.) PARAMOUNT— (2,740) (15c-35c-40c-50c) 7 days, 2nd week. Gross: $9,500. (Average, $11,500) "Tobacco Road" (20th-Fox) "Sleepers West" (ZOth-Fox) FOX— (5,000) (15c-35c-40c-50c) 7 days. Gross: $17,000. (Average, $16,000) "Land of Liberty" (M-G-M) "Her First Romance" (Mono.) ST. FRANCIS— (1,400) (15c-35c-40c-50c) 7 days. Gross: $6,200. (Average, $6,000) "So Ends Our Night" (U. A.) UNITED ARTISTS — (1,200) (15c-35c-40c- 55c) 7 days. Gross: $8,800. (Average, $8,000) "Gone With the Wind" (M-G-M) WARFIELD— (2,680) (25c-40c-55c) 7 days, 4th week. Gross: $10,500. (Average, $12,000) "Hotel du Nord" (Foreign) CLAY— (400) (15c-35c-45c) 7 days. Gross: $900. (Average, $1,000) "Fantasia" (Disney) GEARY— (1,268) (55c-75c-$1.10-$1.65) 7 days, 2nd week. Gross: $15,800. (Average, $12",C00) Helena Music Union Seeking Insurance Helena, Mont., March 20.— Musi- cians Protective Union, Local 642, of Helena is seeking to obtain group in- surance for its 90 members. Officers of the union are : Donald Williams, president : Arthur Happel, vice-presi- dent, and Robert Carroll, secretary- treasurer. LADY«- NEW ORLEANS A REPUBLIC PICTURE 10 Motion Picture Daily Friday, March 21, 1941 Off the Antenna WOR, having received a 60-day commercial license for its FM station W2XOR from the FCC Wednesday, plans to start commercial operation April 1. The call letters at that time will be changed to W71NY. The high powered transmitter will be ready within the 60-day period, it was said. • • • Program News: Miles Laboratories will start sponsorship next week of John W. V undercook' s newscasts, 7:15 — 7:30 P.M. Mondays through Fri- days, over NBC-Red. On Monday 17 stations will carry the show, and the hookup ivill be increased to 26 on April 1. . . . Two CBS news commen- tators, Edwin C. Hill and Bob Trowt, will shift program time Monday. Hill will be heard 6 — 6:10 P.M. Mondays through Fridays, and Trout will go on the air 6:10 — 6:15 P.M. Mondays, Wednesdays and Fridays. Trout's spon- sor, Commercial Credit Co., has renewed the program for 52 weeks over 70 stations. . . . The "Prof. Quiz" show over CBS, after several conflicting announcements, definitely will shift to Thursdays beginning April. 3. . . . Wilbort Newgold's "Garden Journal of >the Air," heard over WQXR Mon- days, Wednesdays and Fridays 10:45 — 10:50 A.M., will be spottsored by Stumpp & Walter Co., beginning March 31. • • • WMCA, long identified with the cue line, "At the top of your dial," which was changed last year to "First on your dial," this week adopted a third change: "This is America's leading independent station — WMCA, New York." • • • Many stations and networks have prepared programs in connection with the change of frequencies March 29 but CBS has one which sounds more ambitious than most. The network will produce a half-hour drama called "Radio Moving Day" on Thursday 10:15 — 10:45 P.M. to explain the complicated situation to the public. • • • Purely Personal: Litnsford P. Y and ell, recently transferred from com- mercial sales for NBC short wave to the Blue network sales Staff, is expected to concentrate on sales for the Pacific Coast Blue. . . . Benny Fields will be guest of Col. Stoopnagle on CBS Sunday. • • • Hubert V. Chain, continuity head of the NBC recording division, yes- terday was awarded the Memorial Medal by the Czechoslovakian Govern- ment in Exile in recognition of his services in connection with the Lincoln's Birthday broadcast for the American Friends of Czechoslo- vakia. • • • Talent Notes: With the signing of Jack Guilford of "Meet the People" by the William Morris Agency, the latter becomes representative for five members of that show which M-G-M has bought for films. Others under the Morris contract are Nanette Fabares, Peggy Ryan, Jack Williams and Jack Albertson. • • • Film Players on the Air: Roland Young will be guest expert on "Inform- ation, Please" at 8:30 this evening over NBC-Red. . . . Una Merkel will be guest of Bob Hope over NBC-Red Tuesday at 10 P.M. . . . Ann Sothern ivill be heard on the "Silver Theatre" over CBS Sunday at 6 P.M. . . . John Beal will be interviewed by Stanley Richards over WEVD Sunday at 10 :30 P.M. Theatre Changes DuMont Urges Television Be Kept Flexible (Continued from page 1) be given serious consideration before launching wide-scale television operations. In the event of a further stiffening of defense requirements, broadcasters might find themselves embarked on television programs for an audience limited by inability to secure receivers, Paul Porter, CBS counsel, told the FCC. The National Television System Committee submitted its final recom- mendations through W. R. G. Baker, chairman, who told the commission that they will "make possible the creation of a nationally coordinated television service and at the same time will insure continued development of the art." Adrian Murphy, CBS executive di- rector of television, urged that the proposed standards make full provi- sion for the unhampered development of color, but denied any desire to hold up commercial operation until it is perfected. However, he expressed the view that few stations will have the funds nec- essary for five-hour service, as con- templated in the regulations which are to be issued for commercial operation, and recommended that the broadcast- ers for a time be permitted to operate as they see fit so as to take advan- tage of such funds as they had to give the best possible programs. Exchange Tangles Hockey Broadcast Toronto, March 20. — Foreign ex- change and passport difficulties have complicated the broadcasting of the National Hockey League playoffs be- tween Toronto and Boston, starting Saturday night. Toronto's games are broadcast over the Canadian Broad- casting Corp. network under sponsor- ship of Imperial Oil, affiliate of Standard Oil. Usually, a Toronto crew handles the broadcasts, both home and away. This year, however, Boston announ- cers and engineers will feed the CBS hookup when games are played in Boston. However, they will be paid in Canadian dollars and Manager Art Ross of Boston has agreed that all money so received shall be spent in Canada during the subsequent play- off series games there. Film Players to Be On Catholic Program Irene Dunne, Spencer Tracy, Pat O'Brien, Dennis Day, Geraldine Fitz- gerald, Jane Wyatt, Una O'Connor, Jack Haley and Pedro de Cordoba will be guests on "Charity for the Wandering Christ" to be heard 10- 10 :30 P.M. Sunday over Mutual. The program is one of a series arranged by the Bishops' Relief Committee. William Gargan will be heard as mas- ter of ceremonies and Archbishop John J. Cantwell of Los Angeles will speak. Other programs are Monday 5:30-5:45 P.M. on CBS, and Satur- day, March 29, 11 :30-midnight on NGC-Blue. Takes Wisconsin House Mauston, Wis., March 20.— W. L. Ainsworth, operator of the Shawano Theatre at Shawano, and the LaBelle at Oconomowoc, will take over the Gail here on March 30. Reopens Iowa Theatre Muscatine, la., March 20. — C. J. Jamison, who closed his Crystal The- atre here some time ago for remod- eling, has reopened it under the name of the Iowa Theatre. To Remodel in Bridgeport Bridgeport, March 20. — Phil Schwartz is planning to remodel and enlarge his 400-seat Parkway, into a 600-seat modern house this Spring. Named Assistant Manager Norfolk, Va., March 20. — Fred Martin, assistant manager of Loew's State here, until he was drafted re- cently, will be succeeded by Joseph Margolis, formerly student assistant at the Capitol, Washington. Altec Signs Circuit Intermountain Theatres, Inc., has signed with Altec Service Corp. for sound equipment servicing at the Gra- nada, Boise and Ada, all in Boise, Idaho. Buys Davenport, la., House Davenport, la., March 20. — Jack Meyer has bought the Washington Theatre here from Lumir Havlik and will open it as the Time Theatre shortly. Manager in Wisconsin Chilton, Wis., March 20. — Herbert Graef, formerly with Warners in She- boygan, Wis., has been named man- ager of the Chilton Theatre here, suc- ceeding Elmer Nitzke. Remodel Greenville House Greenville, S. C, March 20. — The Liberty here plans a program of re- modeling and redecorating to cost about $7,500. FCC Grants Permit For Station in Miss. Washington, March 20. — The Federal Communications Commission has granted the Natchez Broadcasting Co. a construction permit for a new 1,490-kilocycle, 250 watt broadcasting station at Natchez, Miss., and an- nounced receipt of applications for two other stations, from the San Jose Broadcasting Co. for a 1,490-kilocycle, 250-watt transmitter at San Jose, Cal/* and the Lexington Broadcasting C(ta for a 1,370-kilocycle, 250-watt trans- mitter at Lexington, N. C. Applications also were received from Stations WTEL, Philadelphia, for change of frequency from 1,310 to 1,340 kilocycles and increase in power from 100 to 250 watts; WHAT, Philadelphia, for change of frequency from 1,310 to 1,130 kilocycles, exten- sion of time from sharing to unlim- ited and increase in power from 100 to 5,000 watts, and KWFT, Wichita Falls, Tex., for increase of night power from 1,000 to 5,000 watts. The commission ordered hearings on the application of James F. Hop- kins, Inc., Detroit, for a new 46,500- kilocycle FM broadcasting station, and the Natchez Radio Corp., Natchez, Miss., for a new 1,370-kilocycle, 250- watt regular broadcasting station. NAB, Ascap Meet On Peace Terms Committees of Ascap and the Na- tional Association of Broadcasters met at the Hotel Roosevelt yesterday for the first time since the outbreak of the music "war." The meeting was described as a "very helpful discus- sion in which they exchanged ideas," by a spokesman for the N.A.B., but persons present privately described the meeting as "highly acrimonious." The session, which lasted about two hours and 20 minutes, adjourned with the understanding that Ascap would prepare definite proposals both on a blanket and per program basis and that another meeting would be held on March 29 or April 1. Immediately after the meeting the Ascap board held a session to prepare the proposals. The board of BMI also held a brief session after the joint meeting but the business transacted was described as "routine." Executives of Mutual stations will meet today to determine the network's stand. NAPA Loses Suit Over Record Use N. Y. Supreme Court Justice Aron Steuer yesterday dismissed the suit of James J. Walker, as president of the National Association of Performing Artists, for $50,000 damages and an injunction against the Renaissance Ball Room in Harlem. The court gave no opinion, but chose to follow a ruling recently made by the U. S. District Court of Appeals that per- forming artists could not restrict the use of records to non-commercial pur- poses. The N.A.P.A. had claimed that the ball room in renting its hall also rented dance records. Walker had contended unsuccessfully that the state court should not follow the Fed- eral court ruling. As ever, "Motion Picture Herald" stands dominant in the service of the field of exhibition, where films are bought, and retailed, where equipment is bought and operated in presentation of the product to box office patrons The ratio of circulation in this field of exhibition is: The Herald Paper "B" 80.2% 75.5% Every subscriber receives Motion Picture Herald complete, identical with this issue you have in hand— carrying to each and every reader the whole story of the week in this industry, and all service departments Subscriptions are on the basic price of $5 a year, for which every subscriber gets the whole book, each week, and every fourth week Better Theatres, authoritative journal of the physical theatre. MOTION PICTURE HERALD SPRiNGFlELD, MASS; E. M. lOJ^nrnfmo ppRQiT; PALACE, CANTON; MALCO,JEMPHIS; PALACE, YOUNGSTOWN: , WASHINGTON; LINCOLN, INGRID WARNER MIAMI BEACH; HILL ST LOS ANGELES! BERGMAN * BAXTER Jlifini llii) FounSons SUSAN FAY HELEN RICHARD JOHNNY ROBERT HAYWARD • WRAY • WESTLEY • DENNING • DOWNS • SHAW Based upon "LEGACY", the best-selling novel by Charles Bonner Screen ploy by Williom Hurlbut, Michael Blankforl Alert, E>®, NOT RFMQVE MOTION PICTURE DAILY First in 49. NO. 57 NEW YORK, U.S.A., MONDAY, MARCH 24, 1941 TEN CENTS Booking Bill Is Defeated In Ga. House Independent Exhibitors Lead Opposition Atlanta, March 23. — Georgia's | anti-blocks-of-five bill which would I have invalidated the selling provi- sions of the industry consent decree ' in this state, was defeated in the House on Friday by a vote of 90 to 74. The bill had passed the Sen- ate unanimously, only to be de- feated in the House Judiciary Committee. It was brought to the floor of the House by mo- tion after a minority commit- tee report had been filed mak- ing that action possible. While the committee fight on the anti-decree measure had been led by representatives of major film compa- nies, on the floor of the House it was led by independent exhibitors headed by W. T. Murray, operator of the (Continued on page 4) 215 Under Contract At 20th-Fox Studio Hollywood, March 23. — The pro- duction and talent roster under con- tract to 20th Century-Fox totals 215, it was disclosed by the studio over the weekend. This includes executives, department heads, producers, directors, players, tech- nicians, cameramen rnd others. There are 14 producers and associate produ- cers serving under Darryl F. Zanuck, vice-president in charge of production. In the past three weeks the list of full producers was increased by the sign- ing of William LeBaron, Ernst Lu- bitsch and Mark Hellinger. Previously (Continued on page 4) P.R.C. Holds First Annual Convention Chicago, March 23. — The first an- j>nual convention of Producers Releas- ing Corp. franchise holders will end tomorrow at the Congress Hotel. The sessions started here yesterday. O. Henry Briggs, president, told the franchise holders that the company plans 42 films next season, of which 18 will be Westerns. Briggs stressed action as the keynote of the planned P.R.C. product. The meeting was addressed by Leon Fromkess, vice-president in charge of (Continued on page 5) First Complaint in Oklahoma City; New Case in N. O. The first arbitration complaint filed with the Oklahoma City board and the third for New Orleans were entered on Friday in those cities. Arbitrators were selected and hear- ings set for April 1 for the first cases filed with the Milwaukee and New Orleans boards. The New Orleans complaint was filed by Charles J. Woolner, operator of the Drive-In Theatre in that city, against Warners and asks for "some run." Woolner is complainant under identical circumstances in the other two cases on file in New Orleans, the first naming Paramount and the sec- ond, Loew's. The first Oklahoma City complaint was made by J. D. Guest, operator of the Ritz, Duncan. Okla., on "some run," and named Warners. Phillip E. James was named arbitra- tor of Woolner's first complaint, that against Paramount, and hearing was set for April 1. Marquette Professor Milwaukee Arbitrator Milwaukee, March 23. — Thomas P. Whelan, Marquette University pro- fessor, has been named arbitrator in the first Milwaukee case, that of the Evansville Theatre Co. against Para- mount and the Jeffris Theatre Co. Ontario Grosses Hurt by Blizzard Toronto, March 23.— A com- paratively large area of West- ern Ontario spent several days last week battling a sudden blizzard which blocked all roads and tied up public services. Theatres in Shel- burne, Orangeville, Owen Sound, Goderich and other towns had to forego program changes because of the non- delivery of films and busi- ness activities were greatly reduced while attention was turned to digging-out. Army Accepts First Two Training Films Washington, March 23. — Accept- ance of the first two training films produced by the Research Council of the Academy of Motion Picture Arts and Sciences was announced Friday by the War Department. The pictures are on the general sub- ject of personal hygiene, and are to be shown to all officers and enlisted men with a view to promoting the health of the Army. They were produced at 20th Century-Fox studios by the Council under the direction of Dar- ryl Zanuck, chairman, who holds the (Continued on page 4) Ascap Seeks New Trial To Test Washington Law Tacoma, March 23. — A motion for a new trial to test the constitutionality of Washington's anti-Ascap law was filed in Federal court here yesterday by the music society. No date has been set for a hearing. A three- judge Federal statutory court last year upheld the law by dis- missing Ascap's action to declare it unconstitutional. The court's action was based largely on its contention that Ascap did not come into court "with clean hands," since the society at that time was under investigation by the Department of Justice. The Ascap motion for a new trial sets forth, in effect, that its hands have been cleansed since by its having accepted a Federal consent decree. In addition to its motion for a new trial the society has until April 19 to take an appeal to the U. S. Supreme Court from the statutory court's dismissal of its case. Schwartz & Frohlich, New York counsel for Ascap, filed the mo- tion for a new trial, Mutual to Negotiate Own Ascap License Mutual stockholders voted Friday to have the network negotiate sep- arately for an Ascap license. The committee includes Alfred J. McCosk- er, chairman, E. M. Antrim, Lewis Allen Weiss, H. K. Carpenter and Fred Weber. A meeting with Ascap is planned for the near future. Mutual is in a peculiar position in this respect, it was pointed out, because it does not origi- nate programs itself but transmits them from member stations. The question of clearance of music at the source is therefore a particular prob- lem for the network. The Ascap board held morning and afternoon sessions Friday to prepare specific proposals for the broadcasters but no definite terms were disclosed. The board will continue its meetings today. RCA Wants Television to Be Postponed Reversal Confuses FCC Hearing in Capital By BERTRAM F. LINZ Washington, March 23. — Tele- vision hearings before the FCC were thrown into confusion Friday with a sudden reversal of the RCA stand when Dr. C. B. Jolliffe of RCA told the commission that commercialization should be post- poned. Jolliffe said that commercial- ization should be delayed until manufacturers of transmitting and receiving equipment were shown to be prepared to go ahead on a broad scale. He failed to explain why RCA had changed its position. RCA's totally unanticipated reversal of its stand of a year ago, when it went "all out" for television on the basis of a later-rescinded order con- templating commercial operation in September, 1940, caught television ex- ecutives and the commission off guard and, after the commissioners had re- cessed to consider this new develop- ment, an almost immediate adjourn- (Continued on page 4) Mono, Convention On Coast Next Week Monogram's annual sales convention will be held at the Roosevelt Hotel in Hollywood, April 4 to 6, W. Ray Johnston, president, announced here over the weekend. About 125 are ex- pected to attend, including franchise owners, branch managers, production heads and home office representatives. The most important topic for the franchise holders will be plans to meet the new selling situation brought about by the Federal consent decree, it was announced. Johnson will preside, and among the speakers will be Trem Carr, in charge (Continued on page 5) In Today's Issue Reviews of "That Hamilton Woman," from Hollywood, and "The Sea Wolf" will be found on Page 4. "Dead Men Tell" is reviewed on Page 5. . . . NBC-Blue and Mutual tiff on rights to boxing bouts, on Page 6. L 2 Motion Picture Daily Monday, March 24, 194 Personal Mention WB Zone Drive to Honor Bernhard Joseph Bernhard, general manager of Warner Theatres, will attend an Albany zone meeting tomorrow to launch the 13-week drive initiated by Moe Silver, zone manager, honoring Bernhard on his 10 th anniversary with the company. The drive will be known as the Joe Bernhard Tenth Anniversary Drive. Bernhard will be accompa- nied by Harry Goldberg, War- ner Theatres advertising man- ager. Daylight Bill Again Is Up in Wisconsin Madison, Wis., March 23. — For the fourth time since the 1941 legisla- ture started its session in January, daylight saving again has been re- vived, this time in the form of a bill which would limit optional daylight saving to Milwaukee and other cities. The move is being strongly opposed by exhibitors. Another measure introduced, and expected to meet exhibitor opposition is the Bichler bill to legalize pari- mutuel horse racing in Wisconsin. Similar measures in past sessions have been defeated. Coin film machines and automatic phonographs _ would be subject to a $10 annual license fee under the provisions of the Fowell bill. Another measure by Assembly- man Orville Fehlaber would assess such machines an annual fee of $25. 'Great Lie' Premiere For Littleton, N. H. "World premiere" of Warners' "The Great Lie," starring Bette Davis, will be held in Miss Davis' home town, Littleton, N. H., at the Premier The- atre, on the evening of April 5. Civic leaders in the town of 4,500 popula- tion are planning a birthday celebra- tion for Miss Davis on the day of the opening, and Warners will be host to press representatives and others from New York. Gov. Robert O. Blood of New Hampshire is expected to be present. Proceeds of the opening will be devoted to Littleton charities. Golden Compiles Survey Washington, March 23. — Nathan D. Golden, chief of the motion picture division of the Department of Com- merce, has compiled a survey of film equipment in colleges and high schools in the United States and its posses- sions. The book is published bv the educational department of RCA Man- ufacturing Co., Camden, N. J. New Pact for Leonard Hollywood, March 23. — M-G-M lias signed Robert Z. Leonard to a new long term contract as producer and director. GEORGE J. SCHAEFER, RKO president, is expected in New York from the Coast on Thursday. Y. Frank Freeman, Paramount studio head, will arrive from the Coast this morning. • N. L. Nathanson returned to To- ronto from New York over the week- end. • Edwin H. Collins, assistant to William J. Kupper, Western division manager for 20th Century-Fox, has returned from a tour of Southern branches. • Si Seadler, M-G-M advertising manager, returns today from the Coast. • Stanley Given, of Paramount' s Philadelphia booking department, has entered the Army. His place has been taken by George Kelly. • Rodney Bush, publicity manager for 20th Century-Fox, is in Miami. Delay Submission Of Canada Budget Toronto, March 23. — The next Canadian Federal budget, one provi- sion of which is expected to be a Do- minion-wide tax on theatre receipts, has been postponed until some time in April although it had been scheduled for tabling in Parliament on March 27, according to reliable information. This means a brief delay in the enactment of new wartime levies, the postponement being made to study the result of the war savings campaign in which the public was given the opportunity of voluntary loans to the Government. The theatres cooperated extensively in boosting the pledges for war savings certificates. CoL English Deal Running 3 Years The deal by which Columbia will re- lease two English pictures annually produced by the new company formed by George Formby, leading English comedian, is for three years, it has been learned here. Each of the six films is said to be planned to count for triple quota credit under the distributors' quota. Col- umbia will supply part of the financing in return for world distribution. The first film is expected to go into work within 60 days. 840 Charity Shows Set for Greek Fund The total of midnight shows which have been arranged by theatre men around the country on behalf of the Greek War Relief Drive, under auspices of the amusement division headed by Adolph Zukor, now num- bers 840. They will be held from March 25 to March 30. Postpone Phila. Tourney Philadelphia, March 23. — The local Variety Club has changed the date for its annual golf tournament to Sept. 19 at Philmont Country Club. It was originally planned for June 18. HERMAN WOBBER, general manager of distribution for 20th Century-Fox, is expected from the Coast tomorrow. • I. J. Hoffman, Warner Theatres head at New Haven, has left for Miami Beach. • Joseph M. Podoloff, Minneapolis branch manager for 20th Century- Fox, has returned from Florida. • Charles H. Tebay, United Artists' manager in Trinidad, arrives here to- day on the Brazil. • Ed Rosenbaum, Columbia publicity man in Philadelphia, will address the Philadelphia Motion Picture Forum today at the Bellevue- Stratford Hotel. • Scott Lester, 20th Century-Fox ad sales manager in Albany, has re- turned from a Nassau vacation. • Norris J. Nelson, assistant mana- ger of the Stanley in Baltimore, has resigned to take a Government post. Blank Due in N. Y. En Route to Meeting A. H. Blank, head of Tri-States Theatres, Des Moines, is due today in New York with Myron and Raymond Blank. They will leave with the Para- mount theatres home office group to attend the Paramount theatre execu- tives' meeting in Hot Springs, Va., starting Thursday for three days. Blank stopped off in Washington en route to New York to confer on the industry's defense plans, in which he is a representative of Paramount the- atres. G. Ralph Branton, general manager of Tri-States, is motoring to Virginia for the meeting. Malco Opening Three Theatres Saturday Little Rock, March 23. — Malco Theatres, of which M. A. Lightman is president and general manager, on Saturday will open three theatres. These are the new Park in Park Hill, Little Rock suburb, seating 600 and constructed at an estimated cost of $79,000, and the drive-in theatres in Little Rock and Memphis, purchased from Levy and Associates. M. S. Mc- Cord, secretary and treasurer of the circuit, also disclosed that the Varsity in Columbia, Miss., will be remodeled. Famous Players to Improve 2 Houses Toronto, March 23. — Famous Play- ers Canadian Corp. will spend $110,000 on improvement of its Imperial The- atre at Sarnia, Ont, and the conver- sion of a clubhouse into a new 650- seat theatre. The company also oper- ates the third theatre in Sarnia, the 1,116-seat Capitol. Is Circuit Supervisor Ottawa, March 23. — Lloyd C. Mills, Manager of the Elgin Theatre here, has been promoted as a super- visor of Twentieth Century Theatres, Ltd., with offices in Toronto. Third S hour as Drive Starts on April 13 National Theatres' third annual Spyros Skouras show- manship campaign will start April 13 and will continue to July 12. The circuit's 450 theatres competing in the drive will be divided in vari- ous classifications, according to their seating capacity and run. A similar campaign was held by the circuit late winter. Affirm Added Tax Against Goldwyn Washington, March 23. — The Board of Tax Appeals on Friday af- firmed a deficiency of $4,055 deter- mined by the Commissioner of Inter- nal Revenue against Samuel Gold- wyn, Inc., Ltd., a personal holding company of the motion picture execu- tive, and imposed a penalty of $1,014 against it for failure to file a return in time. The additional tax resulted from the disallowance of a deduction of $16,600 claimed as used to retire indebtedness incurred prior to Jan. 1, 1934, by United Artists Studio, Inc., for which the Goldwyn company assumed liabil- ity as transferee, resulting from the plan of Twentieth Century Pictures and Goldwyn in 1933 to buy the stock of United Artists Studio Corp. The Commissioner denied the deduc- tion and the board upheld him on the ground that the indebtedness had not been incurred by the personal holding company but by Goldwyn and Twen- tieth Century. Court Denies Motion To Set Aside Lease The Trust Company of Georgia and Henry B. Troutman, creditors of the Fox Theatres Corp., on Friday asked Federal Judge John C. Knox to set aside the transfer of a lease on the Academy of Music in New York to Skouras Theatres Corp. on the grounds that the original bid made some years ago by Skouras Theatres was invalid. Judge Knox denied the motion on technical grounds witli leave to renew. MOTION PICTURE DAILY (Registered U. S. Patent Office) Published daily except Saturday, Sunday and holidays by Quigley Publishing Company, Inc., 1270 Sixth Avenue, Rockefeller Center, New York City. Telephone Circle 7-3100. Cable address, "Quigpubco, New York." Mar- tin Quigley, Editor-in-Chief and Publisher; Colvin Brown, Vice-President and General Manager; Watterson R. Rothacker, Vice- President; Sam Shain, Editor; Alfred L. Finestone, Managing Editor; James A. Cron, Advertising Manager; Chicago Bureau, 624 South Michigan Avenue, C. B. O'Neill, Manager; Hollywood Bureau, Postal Union Life Building, William R. Weaver, Editor; Leon Friedman, Manager; London Bureau, 4 Golden Square, London Wl; Hope Wil- liams, Manager, cable address "Quigpubco. London." All contents copyrighted 1941 by Quigley Publishing Company, Inc. Other Quigley publications : Motion Picture Herald, Better Theatres, International Motion Pic- ture Almanac and Fame. Entered as second class matter, Sept. 23, 1938, at the post office at New York, N. Y., under the act of March 3, 1879. Subscription rates per year $6 in the Americas and $12 foreign. Single copies 10c, MILLIONS ARI WAITING TO SEE * (AJT CtlLC IN PERFECT AGREEMENT EASTMAN negative films — each in its special field — work in perfect agreement with director and cameraman to capture completely the beauty of every scene. Eastman Kodak Company, Rochester, N. Y. J. E. BRULATOUR, INC., Distributors Fort Lee Chicago Hollywood PLUS-X SUPER-XX for general studio use when tittle light is available BACKGROUXD-X for backgrounds and general exterior work EASTMAN" NEGATIVE FILMS 4 Motion Picture Daily Monday, March 24, 1941 RCA Wants Television to Be Postponed (Continued from page 1) ment over the weekend was ordered. The hearings will continue tomorrow. The RCA engineer's statement left Balaban & Katz "out on a limb" as the only company which had given whole-hearted support to immediate commercialization, without any strings as to hours of service or type of pro- gram. William C. Eddy, B. & K. tele- vision director, had previously testified his company was ready to go ahead commercially in Chicago under such direction and hour-of-service require- ment as the commission would pro- mulgate. Dr. Jolliffe's opposition to early commercialization came after he tes- tified that standards should be adopted as soon as practicable so that design- ers should have something to go by. However, he said, standards must come before commerciali- zation, and the commission should dispose of them and then survey the various branches of the industry to de- termine whether the time was ripe for commercial operation. His stand was considered sig- nificant in view of the fact that RCA is both a manufacturer and a broadcaster. The commission, which has only four more witnesses to hear, will prob- ably devote itself to a consideration of this new element beginning tomorrow, the discussion of the standards having been practically cleaned up. Eddy's testimony indicated that Bal- aban & Katz have long been laying plans for regular operation, but he told the commission B. & K. are interested in television "only as a broadcaster" and not as theatre operators, although he pointed out their long years of the- atre experience were being drawn up on in the new venture. Witnesses who followed Eddy — Harry R. Lubcke for the Don Lee Broadcasting System and Albert F. Murray of Hughes Productions, both on the Coast — urged prompt commer- cialization but with much less than 30 hours a week service. First RCA witness was Al- fred H. Morton, NBC vice- president in charge of televi- sion, who said that the cost of equipping a very moderate sized television station to han- dle a balanced program of studio productions, current events pick-ups and motion pic- tures would be in the neigh- borhood of $225,000, and that the cost of programs, based on RCA experience, would be ap- proximately $1,000 an hour. Morton revealed that NBC pays $150 for a 20-minute March of Time subject, and that the only feature films available were old and of poor quality, it being impossible to get cur- rent Hollywood films. This elicited from Chairman James L. Flv, mindful of previous testimony of Adrian Mur- phy of CBS, regarding the impossibil- ity of getting pictures, the comment that, "I think there's a lot about the movie business you people are not tell- ing." Feature Reviews "That Hamilton Woman" {United A rtists-Ko rda ) Hollywood, March 23 *Tp HERE are about as many approaches to the exploitation of this picture as there are varieties of audiences to which to make bids for attendance. One way to sell it is as a splendid motion picture presenting Vivien Leigh and Laurence Olivier in fine performances, supported by many other excellent players who perform equally well. Another way to sell it is as a deep and moving presentation of the story of Lord Nelson and Lady Hamilton, in which heroism and bravery stand out above the infidelities which history records as qualifications of their romance. Still another way to sell it is as a powerful portrayal of a period in history when England and her Navy thwarted the attempt of an individual intent upon world subjugation, Napoleon Bonaparte, when odds were considered to be against them. It is, no matter how it is exploited, a magnificent job of production by Alexander Korda, who also directed. It is an adult telling of an adult story for adult audiences and it contains many a deftness of narration, opening and closing on a low note with many a high one played between. The Battle of Trafalgar is a sequence seldom if ever matched in kind. The supporting cast includes: Alan Mowbray, Sara Allgood, Gladys Cooper, Henry Wilcoxon, Heather Angel, Halliwell Hobbes, Gilbert Emery, Miles Mander, Ronald Sinclair, Luis Albertini, Norma Drury, Olaf Hytten, Juliette Compton and Guy Kingsford. Quality perform- ances are given without exception. Although a period picture, and played in the costumes of 1800, there is sufficient parallel between the circumstances of then and now to offset whatever objections may prevail, on the part of some au- diences, to this circumstance. It refers to Napoleon as "dictator" and contains dialogue lines which are, of course, pertinent to the present world situation. If this be propaganda, then it is to that extent a propaganda picture. Running time, 125 minutes. "A." * Roscoe Williams "A" denotes adult classification. "The Sea Wolf" ( Warners) JACK LONDON'S famous sea yarn of the brutal egomaniac whose diseased mind makes him a ruthless master of those upon his ship, and the fight of some among them to escape his vicious hand, once again comes to the screen, with Edward G. Robinson in the role of Wolf Larsen, the "sea wolf." The picture's treatment and background differs from the handling in earlier film, but it remains a compelling, sharply etched drama, in which interest never lags and which carries an emotional impact which should turn it into box-office dollars. The name of Robinson is strong marquee material in itself, and exploitation stressing the origin of the film and a promise by the ex- hibitor of dramatic entertainment with a punch, should ring the bell on the cash register with happy consistency. In most able support of Robinson's splendid performance are John Garfield, as the escaping prisoner who ships on Larsen's "hellship" and leads the fight against him, and Ida Lupino, in another excellent per- formance as the girl escaped from a reformatory, whose lot is cast with those on the ship when the ferry boat on which she was a pas- senger is wrecked in San Francisco Bay. And there is a newcomer, Alexander Knox, a writer, picked up from the same ferry wreck, weak in body but with the strength of mind to match Larsen's brain — if not his brawn. Knox's performance is of the finest, and it stamps him as player to be watched. Gene Lockhart is good as the drink-sodden doctor, who prefers death to Larsen's brutality, and Barry Fitzgerald is equally effective as the treacherous ship's cook. The film was directed with a sure touch by Michael Curtiz, with Hal B. Wallis as executive producer and Henry Blanke as associate producer. Photography is excellent, and does much to enhance the film's effectiveness. Enacted almost in its entirety aboard ship, the film is laden with highlight dramatic incident, which keeps the pace at high level. Running time, 100 minutes. "G." * Charles S. Aaronson *"G" denotes general classification. Army Accepts First Two Training Films (Continued from page 1) rank of lieutenant colonel in the Sig- nal Corps reserve. One picture was directed by John Ford and the other by Irving Pichel. Photography was by George Barnes and Virgil Miller, respectively. A third film is now in production and a number of others are tent °.ly scheduled for production befor /*xt June 30. Announcing acceptance of the pic- tures, the Department commended the industry for its cooperation, explain- ing that the Research Council had of- fered to produce films on a non-profit basis in excess of the capacity of the Signal Corps to make them, and that the offer had been accepted in order tc secure certain pictures needed for immediate use. 215 Under Contract At 20th-Fox Studio (Continued from page 1) Sol Wurtzel was the sole full-fledged producer on the lot. The list of players under contract totals 74, including 45 actors and 29 actresses. There are also 13 stock players. The studio announced over the weekend that it had received cabled approval from Lord Beaverbrook, British minister of aircraft production, of the script of "A Yank in the R. A. F." This assures the studio official British footage of the air force in ac- tion. The picture will star Tyrone Power. Robert Donat has been signed by 20th Century-Fox in England for "Pitt, the Younger," one of the two films planned for production at Shepherd's Bush studio. The other will be "Spitfire," for which Government cooperation has been obtained, it is re- ported. To Film Background For 'Yank' in Canada Ottawa, March 23. — Henry Fonda will come to Canada to make back- ground scenes for "A Yank in the R. A. F.," it was learned over the weekend. It is understood the scenes will be filmed at the Royal Canadian Air Force training center at Edmon- ton. Booking Bill Loses Georgia House Vote (Continued from page 1) Rialto. Atlanta. Parent-Teachers' or- ganizations and women's clubs joined the exhibitors in opposition to it. The opponents charged that circuit theatres were interested in perpetuat- ing a film buying system which made it possible for them to gain a monopoly of product, and that small theatres could get good pictures only by join- ing with the circuits. However, the Lucas &: Jenkins circuit, a Paramount affiliate, was one of the principal spon- sors of the anti-decree measure. 'Fantasia* in Minneapolis Minneapolis, March 23. — "Fan- tasia" has been booked to play at the Minnesota Theatre, 4,000-seat house, starting April 12. The work of in- stalling special sound equipment has begun. Monday, March 24, 1941 Motion Picture Daily 5 Welles' Play Set To Open Tonight Orson Welles' newest ven- ture on Broadway, "Native Son," a dramatization of the Richard Wright novel, is scheduled to open tonight, after having been once post- poned, at the St. James with the producer in the leading role. The supporting cast in- cludes Ray Collins, Canada -?\pee, Everett Sloane, Erskine Ganford and Paul Stewart. The adaptation is by Wright and Paul Green. P.R.C. Holds First Annual Convention (Continued from page 1) domestic and foreign operations ; Wil- liam Gell, head of Pathe Pictures Ltd., distributors in England of P.R.C. product; George Batcheller, in charge of feature production ; Sigmund Neu feld, supervisor of Westerns, and Joseph O' Sullivan, director of pub- licity and advertising. Franchise Owners Present Franchise holders in attendance in- clude : Isaac Katz, Atlanta ; Harry Asher, Boston ; Edward E. Heller, Charlotte; Abe Fischer, Chicago; Nat B. Kaplan, Cincinnati ; Lee L. Gold- berg, Cleveland ; Jack Adams, Dallas ; Bernard Newman, Denver ; William Flemion, Detroit ; Sam H. Abrams, Indianapolis ; John Muchmore, Kansas City; S. A. Arnold, Little Rock, Ark.; Louis Rutstein, Los Angeles ; Charles Weiner, Minneapolis ; F. F. Goodrow, New Orleans ; Bert Kulick, New York; Sid Kulick, Buffalo; E. B. Walker, Oklahoma City ; Herbert Given, Philadelphia ; M. and L. Lefton, Pittsburgh ; A. R. Dietz, St. Louis ; Dave Nathanson, San Francisco ; Ollie Wog, Seattle ; George Gill, Wash- ington ; Joseph Bonn, Indianapolis ; Donald Duff, Cincinnati ; Bernard Rubin, Cleveland. Milton Saulzburg of Academic Films also is at the meeting. Omaha Gives $9,100 To 'Tobacco Road' Omaha, March 23. — "Tobacco Road" pulled $9,100 at the Orpheum. The second feature, "Buck Privates," was held over from a previous week. The weather was clear and very warm. Estimated takings for the week end- ing March 18-19: "High Sierra" (W. B.) "Tugboat Annie Sails Again" (W. B.) BRANDEIS— (1,200) (30c-40c-44c) 7 days. Gross: $5,300. (Average, $4,000) "Footsteps in the Dark" (W. B.) "Golden Hoofs" (ZGth-FcxJ OMAHA— (2,000) (30c-44c) 7 days. Gross: $7,200. (Average, $6,000) "Tobacco Road" (ZOth-Fox) "Buck Privates" (Univ.) ORPHEUM — (3,000) (30c -44c) 7 days. Gross: $9,100. (Average, $7,200) Resumes Split Weeks Richmond, March 23. — After a four-week run of full week vaudeville bills, the National will return to its former split week policy on March 27. Theatre will play vaudeville and a first run film Thursday through Sun- day, followed by a second run picture the other three days of the week. I Feature Review "Dead Men Tell" (20th Century-Fox) Hollywood, March 23 N point of complexity, intensity of interest and skill in presentation, this item in the Charlie Chan collection of murder-mysteries rates well above par for the series. There is never a letdown, never a lapse, and never a tip-off to dissipate the suspense, from opening shot to closing scene. Setting of this number is a ship at dock being prepared for a voyage in search of pirate gold. The time is now and the party assembled for the voyage includes a mixture of personalities, a psychoanalyst, a neu- rotic, a movie star, his bride, a woman of wealth whose sponsorship of the voyage is terminated by her murderer, a criminal posing as a reporter, a sea captain with vengeance in his heart, assorted seamen and, of course, Charlie Chan and his Number Two Son, Sidney Toler as Chan and Sen Yung as the boy. Two killings occur. Everybody, except possibly Chan and son, are suspected. Others in the cast are Shelia Ryan, Robert Weldon, Don Douglas, Katharine Aldridge, Paul McGrath, George Reeves, Truman Bradley, Ethel Griffies, Lenita Lane and Milton Parsons. Walter Morosco and Ralph Dietrich are down as associate producers. Harry Lachman directed. Running time, 61 minutes. "G." * Roscoe Williams * "G" denotes general classification. Mono, Convention On Coast Next Week (Continued from page 1) of production; Steve Broidy, sales manager ; Scott Dunlap, I. E. Chad- wick, Sam Katzman and George Weeks, producers. Friday, the first day of the meeting, will be devoted to franchise holders' sessions, with a general sales meeting on Saturday followed by a banquet in the evening at the Florentine Gardens. On Sunday there will be a barbecue and rodeo at the Monogram western ranch at Newhall. Broidy arrived in Hollywood late last week to make arrangements for the convention. It is planned to have two special cars of Monogram repre- sentatives leave Chicago next Monday on the Santa Fe Chief, arriving on the Coast on Wednesday. Henri Elman, Chicago franchise holder, is handling the transportation. Johnston plans to leave for the Coast tomorrow, stopping off en route in Chicago and Kansas City. Leaving K.C. Club Post Kansas City, March 23.— At the next meeting of the Cinema Club of Kansas City, Wednesday, Joseph Ly- sowski, president, will hand in his resignation, and a new president will be elected. Lysowski, now at Altec Service Corp., is resigning from that company to go to Dallas. Ratoff Arriving Today Gregory RatofF, who directed Adam Had Four Sons," which opens at Radio City Music Hall on Thurs- day, arrives today from the Coast. Susan Hayward of the cast of the film, will also arrive. Bausch & Lomb Dividend Rochester, March 23. — A dividend of 25 cents a share on the common stock and $1.25 on the preferred was declared Friday by Bausch & Lomb Optical Co. Astor in Cartoon Deal Astor Pictures will reissue through its national franchise holders six Comi- Color one-reel cartoons, produced by P. A. Powers. The first, "The Brave Tin Soldier," will be released April 15. The other subjects, "Puss In Boots," "Queen of Hearts," "Aladdin," "Jack and the Beanstalk" and "The Little Red Hen," will be released one every six weeks thereafter. Rockefeller Fund's Film Gifts $130,160 Three appropriations totaling $130,- 160 were made by the Rockefeller Foundation in the motion picture field during 1940, it is disclosed in the an- nual report of the Foundation, issued Saturday. An appropriation of $60,000 over a three-year period was given to the Museum of Modern Art for the sup- port of its Film Library, which has a collection of 1,661 films dating back to the earliest beginnings of the indus- try. The sum of $50,000 was given to the American Film Center, payable over two years. The latter organiza- tion is concerned with the production and distribution of films of educational and cultural value. The Foundation also appropriated $20,160 to the New School for Social Research for experimental demonstra- tions of the use of music in film pro- duction under the direction of Hans Eisler, Austrian composer. $77,220 for Radio The Foundation made three grants for work in various aspects of radio broadcasting. The Library of Con- gress received $23,320 to enable it to broadcast programs based on its cul- tural and historical material. The Rocky Mountain Radio Council re- ceived $18,500 to explore practical as- pects of radio service to a sparsely populated area having strong regional interests. Columbia University re- ceived $35,400 for a study of the ef- fect of radio on listeners. LADY"« NEW ORLEANS A REPUBLIC PICTURE JOHN WAYNE • ONA MUNSON RAY MIDDLETON- HENRY STEPHENSON HELEN WESTLEY Bernard Vorhaus— Director "J =" 6 Motion Picture Daily Monday, March 24, 1941 Off the Antenna NILES TRAMMELL, NBC president, announced over the weekend that transcription companies would be permitted to pick up NBC programs and rehearsals direct from the network studios by payment of small fees and telephone charges, beginning April 1. At present, companies which make recordings to be shipped to individual stations are required to have the per- formers enact their programs at their transcription studios. Sponsors thus are forced to pay extra talent costs. Charges for permission to transcribe from NBC studios will be $2.50 for 15 minutes; $3.50, 30 minutes; $4.50, 45 minutes and $5.50 for a full hour. Fees for rehearsal pickups are $1 extra per period. For a flat fee of $50 per origination point a transcription company may pick up an unlimited number of programs. • • • Purely Personal: Tom Slater, IVOR announcer, has been named coordi- nator of sports and special events for Mutual. . . . Brent Guntz, WFBR, Baltimore, chief announcer, has entered the Army. . . . Susanne Foster, Para- mount player, has been chosen as soloist at the Los Angeles Easter Sunrise Service. The program will be carried by CBS and short-waved around the world. . . . Helen Mack has been selected for the role of "Marge" in the CBS script show, "Myrt & Marge". . . . Gilbert Seldes, CBS director of television programs, zvill be guest on "America in Transition" over that network to- morrow. . . . Robert Heiss has been named program supervisor at WTMJ, Mihvaukee. • • • Directors of the Radio Manufacturers Association will meet here April 16 to consider problems relating to the national defense program, includ- ing the supply of aluminum and the future federal tax program involving corporation and excise taxes. • • • Dr. A. C. Gonzalez, former U. S. minister to Panama, Ecuador and Venezuela, has been named assistant director of Latin American relations for the CBS short wave division. He will assist Edmund Chester, CBS director of short wave and international relations. • • • FCC Chairman James L. Fly will speak over the combined NBC networks Friday at 7:15 P.M. to explain the frequency shifts. Fly ivill be introduced by Nilos Trammell, NBC president. Theatre Changes Two New NBC Transmitters On Short Wave NBC will put in service today two new short wave transmitters each with 50,000 watts power. The transmitters will operate on 9,670, 17,780 and 11,890 k.c. Three other frequencies, 6,100, 21,630 and 15,- 150 k.c, have also been assigned to NBC. John F. Royal, vice-president in charge of international relations, pointed out that today also marks the 10th anniversary of the broadcasting by NBC which Latin American sta- tions have picked up and rebroadcast as a network. He said that 130 South American stations have rebroadcast programs NBC originated in the United States. Of these, 78 are standard band broadcasters, he said. This entire week will be devoted to the anniversary celebration. Exchange broadcasts will be heard simultaneous- ly on both continents. Tomorrow from 6-6:20 P.M. a program from Cuba will be broadcast here by NBC- Red while another program will be beamed toward Cuba. On Sunday at 12:30 P.M. a similar exchange will be effected between the Red and South American nations. Prominent Latin American residents here and of- ficials of those countries will be heard during the week. Theatre Book- keeping System Expressly Devised lor the Exhibitor. No Accounting Ex- perience Necessary THEATER MANAGEMENT RECORD AND ANNUAL TAX REGISTER ■ Individual sections for *#%aa all operating data. Full $ m UU tax information readily £m available. postpaid QUIGLEY BOOKSHOP ROCKEFELLER CENTER, NEW YORK Two Theatres for Dayton Dayton, 0., March 23. — Paul Banker, veteran local exhibitor, is building a new 1,000-seat theatre, to be known as the North, which will be a part of the North Amusement Cen- ter in suburban North Dayton. A 950- seat house also is being built in North Dayton bv the Keowee Development Co., at a reported cost of $100,000. It has been leased by Virgil Jackson and John Murphy, who operate the Cen- tral States Circuit. Open in Missouri April 13 W aynesville, Mo., March 23. — The Fort Wood Theatre here, a unit of the Commonwealth Amusement Corp., will open on April 13. Remodel Portland House Portland, Ore., March 23. — The Mayfair Theatre here is undergoing remodeling. Installs Theatre Floor Plainville, Conn., March 23. — George LeWitt, who recently bought the theatre building in which he has operated the 700-seat Strand under lease, has installed a new floor in the theatre. He is also planning air-con- ditioning and other lobby and interior remodeling. Named Ottawa Assistant Ottawa, March 23. — Stewart Gilles- pie of Ottawa has been appointed as- sistant manager of the Elgin Theatre. Lloyd Mills is manager. Sells Canadian House Toronto, March 23. — Ambrose P. Nolan, son of Patrick J. Nolan, widely known independent exhibitor who died a few weeks ago, has sold his Pix Theatre, Aylmer, to Leo Choquette of Montreal and Paul Leroux has be- come manager of the house. Nolan shortly will assume management of one of his late father's theatres in Ottawa. Named Assistant Manager Columbus, O., March 23. — M. J. Cullen, Loew's western division man- ager, has appointed Charles E. Ken- nedy as assistant manager of Loew's Ohio here, to succeed John Hard- grove, who has resigned and is mov- ing to San Diego, Calif. Kennedy has been student assistant manager at this house for more than three years. Building New Front Philadelphia, March 23. — The Ar- cadia Theatre management has begun work on a modern, streamlined front for the house, and the first theatre marquee ever to be erected on Chest- nut street has fallen under the wreck- ers' hammers. Remodeling Iowa House Onawa, la., March 23. — Roy Le- povit-z has closed the Onawa Theatre for remodeling and redecorating. Texas House Improved Center Point, Tex., March 23. — Mrs. C. P. Smith is renovating the Shelby here, installing new seats and equipment. NBC-Blue and Mutual Tiff on Fight Rights A legal battle appeared in pros- pect over the weekend between NBC-Blue and Mutual over ta&o rights to the boxing bouts stag/ s ■ Mike Jacobs and his 20th Centt'y Sporting Club at Madison Square Garden and other arenas. Mutual announced on Friday that effective June 1 it had obtained the exclusive rights which have been held by NBC since June, 1937. Gillette Safety Razor Co. will sponsor the Mu- tual series, it was said. Edgar Kobak, vice-president in charge of sales for the Blue, asserted that legal steps would be taken to enforce NBC's rights for the 1941- 1942 season. He declared that Jacobs had given his word that NBC would have its contract renewed. In February, Kobak said, Jacobs had agreed to an extension of the con- tract and a check which represented "a substantial advance" was delivered to the promoter. Mutual did not reveal what price had been paid for the rights and NBC also refused to disclose the amount paid either for past seasons or as the "advance." Jacobs was absent from the city. Mutual officials stated that Gillette was considering the number of sta- tions to be used and that it was like- ly to be in the neighborhood of 100. The contract is a "package deal," it was said, giving the sponsor the rights at a flat price, regardless of the length of the fight. Kobak, while claiming that the Blue would have the fights next season, added that his network would have another program for Adams Hats, which sponsored the fights exclusively since Nov. 26, 1937, in the event the fights went to Mutual. 68 Canada Stations Change Frequency Toronto, March 23. — Changes in frequency March 29 under the Havana Treaty will be made by 68 of Can- ada's 84 commercial stations. Power increases in connection with the changeover have been granted to : CFPL, London Ont, operated by the London Free Press, from 100 watts to 1,000; CBY, Toronto, and CHML, Hamilton, Ont., from 100 to 1,000; CHAB, Moose Jaw, Sask., 250 to 1,000; CKBI, Prince Albert, Sask., 250 to 1,000; CFGP. Grand Prairie, 100 to 250; CFRN, Edmonton, 100 to 1,000. No power increase was author- ized for British Columbia on the Pacific Coast or the Maritime Provinces in the East. Kay Kyser to 'Plug9 Portland Festival Portland, Ore., March 23. — Kay Kyser and his orchestra have been made Knights of the Rose here, which commissions them to spread the news of Portland's 1941 Rose Festival. Kyser and his troupe, who are on tour, played to 5,000 people at the public auditorium here Friday. GOOD FUN FOR A GOOD CAUSEl PRINTS AVAILABLE NOW AT PARAMOUNT EXCHANGES A 1 AM* Alert, 1 .1.11 tw. . Intelugei ami y >ame to the gtson Picture Industry DO NOT REP MOTION PICTURE DAILY i9. NO. 58 NEW YORK, U.S.A., TUESDAY, MARCH 25, 1941 TEN CENTS $285,000 for 'Dictator' in 23-Week Run Replaced at Astor by 'Wings' Tomorrow Charlie Chaplin's "The Great Dictator" grossed approximate!}' $285,000 in its 23-week run at the Astor Theatre on Broadway. The picture closed Sunday night and will make way tomorrow night for Paramount's "I Wanted Wings," which will have a gala premiere with notables from Washington, the U. S. Army and the trade in attendance. Like most of the films which have preceded the Paramount film into the Astor, it will play on a two-a-day basis at $2 top. "The Great Dictator" enjoyed an unusual run, grossing- in the neigh- borhood of $12,400 weekly on the average. Extremely mild Spring weather (Continued on page 6) Para. Officials to Virginia Tomorrow Paramount home office officials will leave for Hot Springs, Va., tomorrow to attend the meeting of the com- pany's theatre operating associates which opens on Thursday. Among those leaving from here will be : Barney Balaban, Stanton Griffis, Y. Frank Freeman, Leonard Golden- "son, Sam Dembow and Leon Netter. Paramount theatre associates from all over the country will attend the meet- ing, which will continue through Sat- urday. The meeting is designed to provide the theatre associates an op- portunity to discuss current and fu- ture operations and problems and to exchange ideas. Trade Papers' Cost Deductible Expense Subscriptions to trade pa- pers are deductible expenses, Lawrence W. Gibney, U. S. Treasury Department agent, testified yesterday at the trial of Joseph M. Schenck. Gibney testified that Schenck received $385,905 in dividends for the vear 1936 and $469,- 064 in 1937. The Government expects to close its case to- day or tomorrow. Levey Considering Offer of U.A. Post Hollywood, March 24. — Jules Levey, head of Mayf air Produc- tions, releasing through Uni- versal, disclosed today that he had been offered a top sales post at United Artists. He said he will decide on the offer when he returns to New York in a week or 10 days. Preliminary discussions began on his recent visit in New York, Levey said. Prior to starting his production company Levey was general sales manager for RKO. Greek Relief Drive Under Way Today The amusement industry's contribu- tion to the Greek War Relief Fund will get under way officially today, with a nationwide drive in which 10,- 397 theatres will participate. The drive will run through next Sunday. The goal of the Amusement Industry Division, of which Adolph Zukor is general chairman, is $500,000. Highlight of the campaign will be the midnight benefit show at the Radio City Music Hall on Friday, which ap- pears to be a complete sellout. Tickets were scaled from $1 to $10, and it is reported few are still available. Stars of screen, stage and radio have vol- (Continued on page 6) QUICK F.C.C. ORDER ON TELEVISION SEEN Fly Indicates Authorization for Commercial Start in Fall as Hearings Come to Close; RCA Will Go Along With Other Firms By BERTRAM F. LINZ Washington, March 24. — Prompt issuance of orders inaugurating commercial television next Fall was foreseen today as the FCC com- pleted its hearings after eliciting from Dr. C. B. Jolliffe, RCA chief engineer, an admission that RCA would go along with other companies. Studio Labor Status Up at U. S. Hearing Hollywood, March 24. — tmportant changes in studio labor bargaining contracts appeared possible tonight on the eve of hearings opening to- morrow on reclassification of workers before Merle Vincent, chief examiner of the Federal wages and hours divi- sion. The hearings, to be held in the Los Angeles Federal Building, are expected to continue at least a week. The unions are fighting to hold the (Continued on page 6) 25-Cent Student Matinees To Build Stage Patronage A plan to build audiences for the legitimate theatre by arranging spe- cial matinees for high school students at 25 cents a ticket has been proposed by Alfred Harding, editor of Equity, official organ of Actors Equity, and has met with enthusiastic response from the unions, school authorities and producers involved. Yesterday, Harding presented his plan to the League of New York Theatres, which immediately adopted a resolution favoring it and sent the plan to the member producers for in- dividual approval. The method of operation calls for a central control board composed of representatives from the various unions, the producers and the New York City school system. If the school authorities request a perform- ance of a particular play, the board (Continued on page 6) Herman A. DeVry Dies at Age of 65 Chicago, March 24. — Herman A. De Vry, founder and president of the De Vry Corp., manufacturers of film sound equipment, died suddenly yester- day of a heart attack at the age of 65. He was stricken while bowling. He was a pioneer in the use of films for educational purposes. De Vry came to this country from Germany when a boy and began his career by building equipment for Howard Thurston and dther magicians. Then he became a camera man. In 1913 he began manufacturing the port- able projector he had invented him- self. The De Vry Corporation, which he founded in 1914, was purchased by Q.R.S. Player Piano Roll Co., in 1929. He formed Herman A. De Vry, (Continued on page 6) At the close of the hearing, James L. Fly, FCC chairman, suggested the possibility of commercialization in the near future, pointing out that some time would elapse between issuance of the order permit- ting commercialization and the date when it would take effect. During this interim period there should be cooperation between the in- dustry and the commission in work- ing out problems of production, Fly suggested. Under fire from both members of the FCC and counsel for other tele- vision companies, Jolliffe retreated from his position of last Friday when he stated that commercialization should be deferred until the commis- sion was sure all branches of the industry were prepared to meet pub- lic demand for programs and receivers. As seen by the RCA official, the fu- ture of television depends considerably (Continued on page 8) Grainger and Baker Hosts in Chicago Chicago, March 24. — James R. Grainger, Republic president, and William Baker, former United Artists salesman who today became manager of Republic's Chicago exchange, to- day were hosts to exhibitors at a luncheon in temporary quarters of the . company in the Warner Building. Baker succeeds Harry Lorch, who resigned to manage two theatres. Abe Fisher, who has sold his Pro- ducers Releasing Corp. Chicago fran- chise to Charles Miller, will succeed Baker as salesman at United Artists, starting next Monday. Miller is a veteran salesman here. Four Reviews Today Reviews of "The Man Who Lost Himself," from Holly- wood, and "Beyond the Sacra- mento." on Pa^e 3. "Footlight Fever" and "The New Ad- ventures of Tarzan," Page 6. 2 Motion Picture Daily Tuesday, March 25, 1941 Personal Mention $2,396,045 Kodak Wage Dividends Rochester, March 24. — A total of 27,175 persons work- ing for Eastman Kodak in the Western Hemisphere re- ceived $2,396,045 in wage divi- dend checks today. Checks totaling $1,779,844, went to 18,133 Kodak work- ers here in Rochester. Em- ployes who worked 26 weeks last year received the checks. The payment brings the total wage dividends paid since the plan was inaugurated 29 years ago to more than $48,- 000,000. Decide on Foreign Broadcasts Today A meeting of the full committee of foreign publicity managers of major companies is scheduled today to take what may be final action on the long pending proposal to send recorded film programs to South American radio stations for broadcasting there. In addition to cost considerations which have aroused objections to the proposal from some of the companies, it is learned that studio attorneys have advised the committee that possibili- ties of obtaining clearances for songs which may be recorded for the pro- grams are not good. The two obstacles may result in the abandonment of the program as an industry project, although one or two companies may utilize it on their own, regardless. Wisconsin Measure Would Tax Rentals Milwaukee, March 24. — The first tax measure aimed at the film indus- try to be introduced in the current Wisconsin legislature is a bill by As- semblyman Leland S. McParland to assess a 10 per cent film tax on all rentals over $500. The bill would require distributors to furnish town, city or village assess- ors with a list of films sold or rented in each locality on May 1 of each year. Revenues from the tax, which would be paid to the assessors, would be divided 25 per cent to the state, 25 per cent to the county and 50 per cent to the municipality. Exhibitors were successful in defeating a bill in the 1939 legislature calling for a tax of $2.50 on each 1,000 feet of film. SPG to Vote on Pact Terms on Thursday Terms of the contract to be pre- sented to the eight major film com- panies for negotiations will come up for final ratification at a meeting of the Screen Publicists Guild at the Hotel Piccadilly Thursday evening. Also on the agenda is the new na- tional constitution for both the east and west coast S.P.G. organizations. The National Labor Relations Board in Washington has under con- sideration transcripts of testimony taken at New York hearings on the petition of the S.P.G. for designation as collective bargaining agency for home office employes of advertising and publicity departments of the eight major companies. SA. LYNCH is here from Florida • for conferences with Paramount home office officials. • B. B. Kreisler, Universal short sub- jects sales manager, left last night for a tour of the company's Midwestern exchanges. Ray Bell, newspaper contact man for M-G-M, is the father of a daugh- ter, born late last week. She has been named Bonnie Rae. • Mitchell Rawson, Eastern pub- licity manager for Warners, returns today from Littleton, N. H. • Sam Rinzler, Randforce circuit ex- ecutive, has returned from Miami. • Willem E. Van Beveren, 20th Century-Fox foreign representative, is expected late this week from Johannes- burg, where he substituted for Otto Bolle, manager in South Africa, dur- ing the latter's vaction here. • L. W. Conrow, Altec president, has returned from a trip through the South. • Theodore Haeussler, projection- ist at the Paramount in New Haven, is in New Haven Hospital. Table Sunday Option Measure in Georgia Atlanta, March 24. — A written proposal to pay $5,000 to unnamed Atlanta attorneys to obtain passage of a Georgia Sunday film bill was read on Saturday in the House and re- sulted in an acclamation vote to table the measure, which had been passed by the Senate. The letter was signed by R. E. Mar- tin, Columbus, Ga., circuit operator, and was read in the House by Repre- sentative Harrison of Jenkins County. It was on the stationery of Martin Theatres at Columbus. It was ad- dressed to Georgia exhibitors, accord- ing to Harrison, and declared that a firm of Atlanta attorneys had agreed to aid in getting the local option measure through the legislature for $5,000. The letter solicited funds for that purpose. Johnston to Confer On British Release W. Ray Johnston, Monogram presi- dent, is scheduled to meet today with William Gell of Pathe Films, Ltd., of London on the latter's return from the Producers Releasing Corp. convention in Chicago, in connection with a re- newal of the Pathe contract for dis- tribution of Monogram films in Great Britain. Meanwhile Johnston has deferred his scheduled departure for the Coast from today until the end of the week because of illness and unfinished busi- ness. Johnston was stricken with a severe cold over the weekend. Schaefer to N. Y. Friday Hollywood, March 24. — George J. Schaefer, president of RKO. will leave for New York on Friday. JOSEPH BERNHARD, general *-» manager of Warner Theatres, and Harry Goldberg, advertising mana- ger, leave this morning to attend a zone managers' meeting in Albany. • Archibald Silverman, owner, and Edward L. Reed, manager of the Strand in Providence, have returned from a Southern cruise. • Al Richard, Robert Weitman, John D. Hertz, Jr., Armando, Charles Coburn, Arthur Loew, Mort Spring, Lee Shubert, Rose Fran ken, Bud Abbott, Lou Costello and Harry Kalcheim lunching at Sardi's yesterday. • Budd Rogers, Sam Spring, Doug- glas Rothacker and Sam Citron having lunch yesterday at the Tav- ern. • Abe Schneider. Harry Cosman, Seymour Poe and Lou Weinberg lunching yesterday at Lindy's (next to the Rivoli). • William and Lou Brandt, Mar- tin Moskowitz and Jack Goetz at Lindy's (51st St.) yesterday for lunch. • William P. Montague of Para- mount News has arrived on the Coast. Universal Host to Abbott and Costello Universal yesterday was host to Bud Abbott and Lou Costello, film and radio comedians, at a cocktail party at 21 Club. The two left for the Coast by plane last night to start on their second picture for the com- pany. Their contract with Universal calls for a maximum of four pictures during the next year. In addition, they an- nounced the signing through the J. Walter Thompson Agency of a four- year contract with yearly options to appear on the Edgar Bergen-Charlie McCarthy radio program for Chase & Sanborn. The new assignment is to begin with the April 6 program. Hold U.A. Luncheon A United Artists' luncheon yester- day at the Louis XIV Restaurant was attended by Arthur Kelly, Haskell Masters, Harry Gold, Emanuel Sil- verstone, Morris Helprin, Al Mar- golies, Charles Stern, Clarence Eise- man, Monroe Greenthal, 'Steve Pallos and Paul Lazarus. The executives' party was in celebration of the com- pany's passing $2,000,000 in sales this season. Report Kennedy to Coast Hollywood, March 24.^-Jack Ken- nedy, formerly with the RKO foreign department abroad, is reported join- ing the RKO studio. Officials, how- ever, said tonight they have no word about this. Kennedy had been given a leave of absence to join the Em- bassy staff of Joseph P. Kennedy, former Ambassador to Great Britain. He is now in the United States. Roland Young to Coast Roland Young left for the Coast yes- terday after a New York visit. Ga. House Defeats 5-Block Bill Revival Atlanta, March 24.— The Georgia House on Saturday voted down a motion to re- consider the anti-block of five booking bill, which had been defeated by the lower house the day before. Defense InspectioC^ Group in Hollywood '■ Hollywood, March 24. — Studio per- sonnel engaged in making Army train- ing films will be hosts tomorrow to members of a War Department group headed by Lieut. Col. Frank A. Allen, Jr., member of the Army General Staff and one of the directors of the Army's public relations bureau, which arrived here yesterday for an inspection tour. The group includes Army officers and representatives of the newsreels, radio and photo services, who are making a trip covering national defense prep- arations throughout the country. With Darryl F. Zanuck, vice-chair- man of the film production defense committee as host, the program for the day includes a showing of "I Wanted Wings," talks by Walter Wanger and Arthur Hornblow, Jr., a luncheon at Warners at which H. M. Wrarner will he host, a visit to a set where a train- ing film is in production, and talks by Zanuck, Col. Nathan Levinson and Capt. Gordon S. Mitchell, manager of the Research Council of the Academy of M. P. Arts and Sciences. Mitchell returned today from Wash- ington where the War Department of- ficially accepted the first two training films made here. Retired Showman Dies Janesville, Wis., March 24.— Peter L. Myers, 73, retired theatre manager, is dead here. Myers man- aged the Myers Theatre, built by his father, for 30 years until 1914, when it was leased to other operators. Myers is survived by his wife. Nathanson With U.A. Morton Nathanson. formerly with the RKO publicity department, and more recently engaged in legitimate theatre publicity, has joined the home office publicity department of LTnited Artists. MOTION PICTURE DAI LY (Registered U. S. Patent Office) Published daily except Saturday, Sunday and holidays by Quigley Publishing Company, Inc., 1270 Sixth Avenue, Rockefeller Center, New York City. Telephone Circle 7-3100. Cable address, "Quigpubco, New York." Mar- tin Quigley, Editor-in-Chief and Publisher; Colvin Brown, Vice-President and General Manager; Watterson R. Rothacker, Vice- President; Sara Shain, Editor; Alfred L. Finestone, Managing Editor; James A. Cron, Advertising Manager; Chicago Bureau, 624 South Michigan Avenue, C. B. O'Neill, Manager; Hollywood Bureau, Postal Union Life Building, William R. Weaver, Editor; Leon Friedman, Manager; London Bureau. 4 Golden Square, London Wl; Hope Wil- liams, Manager, cable address "Quigpubco. London." All contents copyrighted 1941 bv Quigley Publishing Company, Inc. Other Quigley publications: Motion Picture Herald, Better Theatres, International Motion Pic- ture Almanac and Fame. Entered as second class matter, Sept. 23, 1938, at the post office at New York, N. Y., under the act of March 3, 1879. Subscription rates per year $6 in the Americas and $12 foreign. Single copies 10c. Tuesday, March 25, 1941 Motion Picture Daily 3 'John Doe' Is Los Angeles Hit, $44,000 Los Angeles, March 24. — "Meet John Doe" was a hit here, taking total $44,000 at two houses, $20,200 a Warner Downtown and $23,800 ai— "^re Warner Hollywood. "Adam Had Four Sons" and "Play Girl' ''took $9,000 at the Hillstreet and $9,- 000 at the Pantages. Estimated receipts for the week end ing March 19 : "The Sen of Mcnte Cristo" (U. A.) "A Chump at Oxford" (U. A.) CHINESE — (2,500) (33c-44c-55c-75c) \ days- Gross: $9,000. (Average, $12,500) "Fantasia" (Disney) CARTHAY CIRCLE— (1,518) (55c-$1.65) ; days. 7th week. Gross: $12,000. (Average $17,000) "Gone with the Wind" (M-G-M) 4 STAR (900) (44c-55c) 7 days, 4th week. Gross: $3,800. (Average. $3,250) "Adam Had Four Sons" (Col.) "Play Girl" (RKO) HILLSTREET— (2,700) (33c-44c-55c-75c) days. Gross: $9,000. (Average: $6,500) "The Son of Monte Cristo" (U. A.) "A Chump at Oxford" (U. A.) LOEWS STATE— (2,500) (33c-44c-55c 75c) 7 days. Gross: $11,700. (Average, $14,000) "Adam Had Four Sons" (CoL) "Play Girl" (RKO) PANTAGES — (3,000) (33c-44c-55c-75c) days. Gross: $9,000. (Average: $7,000) "The Lady Eve" (Para.) PARAMOUNT — (3,595) (33c-44c-55c-75c) days. Stage: "Artists' Models of 1941 Gross: $18,500. (Average: $18,000) "Gone with the Wind" (M-G-M) UNITED ARTISTS— (2,100) (44e-55c) days, 4th week. Gross: $7,200. "Meet John Doe'' (W. B.) WARNER BROS. (HOLLYWOOD) - (3,000) (33c-44c-55c-75c) 7 davs. Gross- $23,800. (Average, $14,000) "Meet John Doe" (W. B.) WARNER BROS. (DOWNTOWN) — (3,400) (33c-44c-55c-75c) 7 days. Gross- $20,200. (Average: $12,000) St. Louis Club Plans Charity Show Series St. Louis, March 24.— The first in a series of special events planned by the local Variety Club will be held Saturday at midnight at the 5,038-seat Fox Theatre. A lengthy vaudeville show, boasting 15 acts and two bands, will be presented under the direction of Muriel Stryker Hill. Proceeds of the show will go to the fund created by the Variety Club for use in its sole charity, the Midwest Polio Association. It is the hope of the club to raise $250,000 within the next five years for the erection of a building:. W.B. Phila. House Burns Philadelphia, March 24.— The in- terior of Warners Family Theatre was completely wrecked by fire early yesterday morning. The house, seat- ing 600, operates 24 hours a day and the fire broke out during the 14 hours it was closed for its weekly cleaning. Albert Plough, Warner district man- ager, estimated the damage at $25,000. Feature Reviews "The Man Who Lost Himself" (Universal) Hollywood, March 24 O TARRING Brian Aherne and Kay Francis, the former in two roles, ^ this light comedy of lost identity and complications pertaining thereto affords a pleasant 70 minutes of frothy entertainment. Tower of strength in the comedy department is S. Z. Sakall, playing the hero's valet, while Henry Stephenson, Nils Asther, Sig Ruman, Dorothy Tree and Henry Kolker have other principal roles. The story is a new treatment of the twin plot, presenting two men who look so much alike that no one can tell the difference, then killing one of them and placing the other in such circumstance that he must con- tinue to permit the dead man's servants, associates and wife to believe he is the man he is not. Aherne puts high spirit into the portrayal, Miss Francis being both effective and fascinating as the wife who, indignant and seductive in turn, is glad to find out at picture's end that the husband she did not love is dead and this man she does love is free to replace him in that relationship. Apart from a sequence in which the impostor flees her boudoir to escape intimacies not rightfully his to enjoy, there is nothing bordering upon the risque in the picture. Edward Ludwig directed with a light touch. Ben Hersh acted as asso- ciate producer to Lawrence W. Fox, Jr. The film is staged in the high gloss with which Art Director Jack Otterson unfailingly coats this type of comedy. Running time, 70 minutes. "G."* Roscoe Williams 43 New Films Now Shooting In Hollywood Hollywood, March 24. — Forty- three pictures were before the cam- eras this week, as eight finished and nine started. Nineteen are being pre- pared, and 67 are being edited. M-G-M was the busiest studio, with 10 before the cameras, the same num- ber as last week. The tally by studio : Columbia "The Return of Daniel "Beyond the Sacramento" (Columbia) ANOTHER adventure with "Wild Bill Hickok," nee Bill Elliott, this minor Columbia offering more than meets requirements in the story department. It is a rousing Western yarn and with the aid of capable handling by players and director, it manages to hold interest between the bang-up action scenes, which are especially well done. The story follows the theme of law-guardian versus outlaws, and in this case the latter are swindlers who attempt to gain the confidence of the townsfolk and then relieve them of their life savings. Although there is a minimum of riding and chasing, fist and gun battles are in abundance as the tale develops. The support is supplied by Bradley Page, Dub Taylor, Evelyn Keyes and others. Photography is at all times commendable. Running time, 60 minutes. "G."* * "G" denates general classification. Finished : Boone." In Work "Time Out Started : Lady." "Senate Page Boys," for Rhythm." "The Officer and the M-G-M 'Washington Melo- Fire Damages Delaware House Bridgeville, Del., March 24.— Fire which started in the projection booth of the Keller Theatre here Saturday night razed the two-story building with an estimated $10,000 damage. Mace Allen, projectionist, was burned. The house, owned by William Keller, was to have been taken over by Phila- delphia interests today. Tri-States Houses To Handle Own Ads Des Moines, March 24. — Under re- ised operating procedure to be made effective April 1 by the Tri-States Theatre Corp., every manager in the circuit will be expected to act as his own advertising and publicity man. The advertising and publicity depart- ment at the home office here will be enlarged. Dale McFarland, manager of the Capitol at Davenport, la., will come here as advertising director, and Dorothy Day, now in charge of ad- ertising and publicity, will head a new publicity department, and act as McFarland's assistant on advertising. Don Allen, manager of the Omaha Theatre, Omaha, will take McFar- land's post at the Capitol, and Ted Emerson, who has had charge of ad- vertising at the Omaha, will manage that house. 'Illusions' Korda Film Hollywood, March 24. — "Illusions" will be the title of Alexander Korda's next film for United Artists, which will star Merle Oberon, the producer announced today. It is scheduled to go before the cameras next Monday. Jo- seph Cotten of the Mercury Theatre in New York has been cast in the film. Fourteen New Films Approved by Legion The National Legion of Decency for the current week has approved all of 14 new pictures reviewed and classified, eight for general patron- age and six for adults. The new films and their classification follow. Class A-l, Unobjectionable for General Patronage — "Back in the Saddle," "Double Date," "Federal Fugitive," "The Great Train Rob- bery," "Here Comes Happiness," "The Lone Wolf Takes a Chance," "A Man Betrayed," "Men of Boys Town." Class A-2, Unobjectionable for Adults — "Flying Wild," "Las Vegas Nights," "Man Made Mon- ster," "Reaching for the Sun," "Scot- land Yard," "Thirty Days Hath September." Plan Capital Club Party Washington, March 24.— Sidney Lust is chairman of the arrangements committee for the annual Father and Son banquet to be held by the local Variety Club on May 4 at the Hotel Mayflower. On the committee are: John J. Payette, Carter Barron, Gene Ford, Hardie Meakin, Sam Wheeler, Sam Galanty and Harry Lohmeyer. Finished : drama." In Work: "Billy the Kid," "A Woman's Face," "Blossoms in the Dust," "Love Crazy," "Dr. Jekyll and Mr. Hyde," "The Uniform," "Lady Be Good," untitled Kildare series film, "Man from the City." Started: Untitled Marx Bros, pic- ture. Monogram In Work : "Widows of the Press." Started: "The Phantom Killer." Producers Releasing Finished: "South of Panama." In Work: "Billy the Kid's Trig- ger Pals." Paramount In Work : "Skylark," "The Great Man's Lady," "Hold Back the Dawn." Started: "Buy Me That Town," "Aloma of the South Seas." RKO In Work : "Sunny," "Before the Fact," "Tom, Dick and Harry," "My Life with Carolina," "Hurry, Charlie, Hurry," "A Certain Mr. Scratch." Republic Finished : "Rookies on Parade." In Work : "The Lady from New Orleans," "Singing Hills." Started : "Country Fair." 20th Century-Fox Finished : "The Great American Broadcast." In W ork : "Blood and Sand," "Miami," "Man Hunt." Universal Finished: "Mutiny in the Arctic," "Cracked Nuts," "Horror Island." In Work : "Unfinished Business," "Sandy Steps Out," "Sing Another Chorus." Started: "Tight Shoes." Warners In Work: "Sergeant York," "The Gentle People," "Underground." Started: "Passage from Hong- kong," "Dive Bomber." Games Regulation Bill Killed in Iowa Des Moines, March 24.— A heated discussion in the Iowa House ended with the killing of the games bill proposed by Representative Joseph Wagner of Ottumwa by a vote of 50 to 43. If the bill had passed it would have forced theatre operators in Iowa to award a prize on every game, pro- hibited more than three theatres from combining in any games plan and other regulations. Exhibitors through- out the state had opposed the bill. Hi IP DELIVERS ITS ENTIR Despite many rumors and present trade conditionsQ its entire 1 940-4 4 DE LUXE PRODUCTIONS PRODUCTIONS • 12 ANNI PRODUCTIONS • 6 GENE AUTRY SPECIAL PROOUC MESOUITEER PRODUCTIONS • 8 DON "RED" 8ARRY A AS DELIVE THE TULSA KID Don "Red" Barry, Noah Beery, Luana Walters OKLAHOMA RENEGADES The Three Mesquiteers: Robert Livingston. Raymond Hatton, Duncan Renaldo RIDE, TENDERFOOT, RIDE Gene Autry, Smiley Burnette, June Storey. Mary Lee GIRL FROM HAVANA Dennis O'Keefe, Claire Carlton Steffi Duna COLORADO Victor Jory. Hayes, Ocl. 21, 1940— Nov. 1, 1940— Nov. 7, 1940— Nov. 11, 1940— Nov. 15, 1940— Nov. 22, 1940— Nov. 29, 1940— Roy Rogers, George "Gabby" Pauline Moore UNDER TEXAS SKIES The Three Mesquiteers: Robert Livingston Bob Steele, Rufe Davis, Lois Ranson FRONTIER VENGEANCE Don "Red" Barry, Betty Moran MELODY AND MOONLIGHT Johnny Downs, Barbara Allen (Vera Vague) Jerry Colonna, Jane Frazee, Mary Lee HIT PARADE OF 1941 Kenny Baker, Frances Langford, Hugh Herbert, Mary Boland, Ann Miller, Patsy Kelly, Phil Silvers, Sterling Ho.lloway, Barnett Parker, rah Minevitch and his Harmonica Rascals YOUNG BILL HICKOK Roy Rogers, George "Gabby" Hayes, Jacqueline Wells WHO KILLED AUNT MAGGIE? John Hubbard, Wendy Barrie, Edgar Kennedy. Elizabeth Patterson, Onslow Stevens, Joyce Compton, Walter Abel FRIENDLY NEIGHBORS Weaver Bros, and Elviry, Lois Ranson, Spencer Charters, Cliff Edwards, John Hartley THE TRAIL BLAZERS The Three Mesquiteers: Robert Livingston, Bob Steele, Rufe Davis, Pauline Moore MELODY RANCH Gene Autry. Jimmy Durante, Ann Miller. Barton MacLane, Vera Vague, George "Gabby" Hayes, Jerome Cowan, Mary Lee TEXAS TERRORS Don "Red" Barry, Julie Duncan. Arthur Loft MEET THE MISSUS The Higgins Family: Roscoe Karns, Ruth Donnelly, Spencer Charters, Lois Ranson, George Ernest, Polly Moran Dec. 5. 1940— Dec. 6, 1940— Dec. 20, 1940— Dec. 23, 1940— Dec. 27, 1940— Jan. 6, 1941— Jan. 14, 1941— Jan. 24, 1941— Jan. 28, 1941— Jan. 31, 1941— Feb. 14, 1941— Feb. 16, 1941— Feb. 27, 1941— Feb. 28, 1941— Mar. 14, 1941 — THE BORDER LEGION Roy Rogers, George "Gabby" Hayes. Carol Hughes BARNYARD FOLLIES. Mary Lee, Rufe Davis, June Storey Jed Prouty Victor Kilian, Pappy Cheshire BEHIND THE NEWS Lloyd Nolan, Doris Davenport. Frank Albertson. Robert Armstrong LONE STAR RAIDERS The Three Mesquiteers: Robert Livingston, Bob Steele, Rufe Davis, June Johnson BOWERY BOY Dennis O'Keefe, Louise Campbell, Jimmy Lydon, Helen Vinson, Roger Pryor WYOMING WILDCAT Don "Red" Barry, Julie Duncan ROBIN HOOD OF THE PECOS Roy Rogers, George "Gabby" Hayes, Marjorie Reynolds RIDIN' ON A RAINBOW Gene Autry, Smiley Burnette, Mary Lee,. Carol Adams ARKANSAS JUDGE Weaver Bros, and Elviry, Roy Rogers, Spring Byington PETTICOAT POLITICS The Higgins Family: Roscoe Karns, Ruth Donnelly, Spencer Charters, Lois Ranson, George Ernest, Polly Moran THE PHANTOM COWBOY Don "Red" Barry, Virginia Carroll PRAIRIE PIONEERS The Three Mesquiteers: Robert Livingston Bob Steele, Rufe Davis, Esther Estrella A MAN BETRAYED John Wayne, Frances Dee, Edward Ellis. Wallace Ford. Ward Bond, Harold Huber THE GREAT TRAIN ROBBERY Bob Steele, Claire Carleton. Milburn Stone, Helen MacKellar BACK IN THE SADDLE Gene Autry, Smiley Burnette, Mary Lee, Jacqueline Wells REPUBLIC IS ALREADY AT WORK ON 30 WESTERNS. 4 SERIALS AND 12 "M -1941 PROGRAM! -^ill deliver on regular schedule before August 11th !ram consisting of: AUTRY SPECIAL PREMIERE PRODUCTIONS • 10 JUBILEE ROY ROGERS HISTORICAL WESTERNS • 8 THREE TERNS • 4 SERIALS • 12 "MEET THE STARS' ' SHORTS EPUBLIC WI Approximate Release Mar. 26, 1941— Mar. 28, 1941— Mar. 29, 1941— April 3. 1941 — April 12, 1941- April 17, 1941 — April 22, 1941 — April 26, 1941— May 1, 1941— May 5, 1941— MR. DISTRICT ATTORNEY Dennis O'Keefe, Florence Rice, Peter Lorre, Stanley Ridges IN OLD CHEYENNE Roy Rogers, George "Gabby" Hayes, Sally Payne TWO GUN SHERIFF Don "Red" Barry, Lynn Merrick PALS OF THE PECOS The Three Mesquiteers: Robert Livingston, Bob Steele. Rufe Davis SIS HOPKINS Judy Canova, Bob Crosby with his band and The Bobcats, Charles Butterworth, Jerry Colonna, Susan Hayward ROOKIES ON PARADE Bob Crosby, Ruth Terry, Eddie Foy, Jr.. Marie Wilson, Gertrude Niesen LADY FROM NEW ORLEANS John Wayne, Ona Munson, Ray Middleton, Henry Stephenson, Helen Westley SINGING HILLS Gene Autry, Smiley Bumette, Mary Lee, Virginia Dale. Spencer Charters A GAY VAGABOND An All-Star Cast COUNTRY FAIR Eddie Foy. Jr., June Clyde, "Big Boy" Guinn Williams, Lulubelle and Scotty, and a host of radio stars Approximate Release May 24, 1941— SADDLEMATES May 7, 1941— SHERIFF OF TOMBSTONE Roy Rogers, George "Gabby" Hayes, Sally Payne May 12, 1941— DESERT BANDIT Don "Red" Barry May 15, 1941- ANGELS WITH BROKEN WINGS Mary Lee, Marilyn Hare, Jane Frazee, Leni Lynn The Three Mesquiteers: Robert Livingston. Bob Steele, Rufe Davis June 3, 1941— UNDER FIESTA STARS Gene Autry, Smiley Bumette June 16, 1941— PUDDIN' HEAD Judy Canova June 18, 1941— MILKMAN'S MATINEE An All-Star Cast June 20, 1941— NEVADA CITY "Roy Rogers, George "Gabby" Hayes. Sally Payne June 24, 1941— KANSAS CYCLONE Don "Red" Barry July 7, 1941— DOWN MEXICO WAY Gene Autry, Smiley Burnette July 17. 1941— ICE CAPADES Belita, Vera Hruba, Lois Dworshak, Robin Lee. Red McCarthy And a Cast of Screen Stars July 24, 1941— GAUCHO OF ELDORADO The Three Mesquiteers. Robert Livingston, Bob Steele. Rufe Davis July 31, 1941— RAGS TO RICHES An All Star Cast Aug. 5, 1941— OUTCASTS OF POKER FLAT Roy Rogers, George "Gabby" Hayes, Sally Payne Aug. 6, 1941— DOCTORS DON'T TELL An All-Star Cast Aug. 9, 1941— OLD FAITHFUL Gene Autry, Smiley Burnette Aug. 11, 1941- TEN NIGHTS IN A BAR ROOM An All-Star Cast HEATER PROGRAM OF 32 FEATURES, IT THE STARS ' SHORTS FOR 1941-1942 6 Motion Picture Daily Tuesday, March 25, 1941 Feature Reviews "Footlight Fever" (RKO) HP HE exaggerated difficulties of two Broadway play producers in obtaining backing for a new production provide a story for "Foot- light Fever" which is frequently amusing and some times too implausible even for comedy. Alan Mowbray and Donald MacBride, as the producers, suffer almost every known form of embarrassment, abuse and frustration in their ef- forts to obtain financing for their play before they finally ensnare Elisa- beth Risdon, a wealthy recluse. Then, on opening night, MacBride becomes enamoured of the leading male role and is insistent upon playing it himself. Mowbray's attempts to stop him and save the part for Lee Bonnell, their male "discovery," end with both producers in the hospital. Regaining consciousness there, they rush to the theatre believing it is still opening night, only to discover that the play is a hit and in its second month. Interwoven in a minor key is the romance between Elyse Knox, as the wealthy spinster's niece, and Bonnell. Howard Benedict produced and Irving Reis directed. Running time, 69 minutes. "G."* Sherwin A. Kane "The New Adventures of Tarzan" (J. H. Hoffberg) ' I ''HE filming of this novel by Edgar Rice Burroughs is said to have taken place about three years ago in Guatemala. The distributor, in listing the credits, identifies it as an Ashton Dearholt "expedition picture." It is fairly obvious that the original Burroughs' piece had its screen potentialities. However, with the apparently inexperienced players on hand and inadequate technical values, the film is far short of the exciting jungle melodrama it might have been. Jumbled direction has the story in some instances almost incoherent while the sound and photography are no more than just adequate. Playing the role of "Tarzan" is Herman Brix, while the various other assignments are handled by comparatively unknown players. Running time, 82 minutes. "G."* 25-Cent Student Matinees To Build Stage Patronage $285,000 for 'Dictator' in 23-Week Run {Continued from page 1) kept many New Yorkers outdoors over the weekend, resulting in spotty business on Broadway. "Meet John Doe" and "The Sea Wolf" both did well, however. Playing two theatres, "Meet John Doe" grossed an estimated total of $23,000 Friday through Sunday, busi- ness at the Rivoli amounting to about §15,000 and at the Hollywood about $8,000. At the Strand "The Sea Wolf" with Charlie Spivak on the stage got off to a good start with an estimated $24,000 Friday through Sunday. "That Night in Rio" will be held for a fourth week at the Roxy. The film with a stage show gave the thea- tre about $18,000 Saturday and Sun- day. "Nice Girl ?" goes into the Para- mount tomorrow, with Charlie Bar- net's orchestra and Dinah Shore on the stage. The bill replaces "Las Vegas Nights" and Ina Ray Hutton's orchestra, which finishes a week's stand tonight with about $42,000 ex- pected. It drew about $21,000 Satur- day and Sunday. "Adam Had Four Sons" checks in at the Music Hall Thursday replacing "Cheers for Miss Bishop." The latter with a stage show brought the theatre an estimated $48,000 Thursday through Sunday. "The Great Dictator" did about $10,000 in its final six days at the Astor. Critics, Executives at Mitchell Field Luncheon Paramount executives and New York film critics were guests of Major General James E. Cheney, com- manding officer of Mitchell Field, yesterday at a luncheon and field in- spection visit preliminary to the opening of "I Wanted Wings" at the Astor. A press preview of the picture will be held at the Astor tonight and the world premiere tomorrow night. Among those at yesterday's lunch- eon were Barney Balaban, Stanton Griffis, Adolph Zukor and Y. Frank Freeman of Paramount ; General John C. McDonnell, commander of the Seventh Pursuit Squadron ; Colonel William E. Kepner, Colonel Douglas Johnson and other Mitchell Field officers. Also, Bosley Crowther and Tom Pryor of the New York Times; Sam Shain; Robert Dana of the Herald Tribune; Kate Cameron, Wanda Hale and Anne Masters of the Daily News; William Boehnel and Frank Farrell of the World-Telegram; Eileen Creel- man of the Sun and Archer Winsten of the Post. Several thousand amateur pilots in the East Central states have been in- vited to attend a special screening of the picture at the Astor on Saturday and estimates are that 200 to 500 of the private plane owners and pilots will attend. Resume Sunday Price Waterbury, Conn., March 24. — Warners have gone back to the former 44-cent Sunday top at the State Thea- tre here, after trying a five-cent rise on Sundays for a short time. *"G" denotes general classification. (Continued from page 1) will meet and set a date for a matinee. The 25-cent tickets for the entire house will be turned over to the edu- cational officials who have undertaken to supervise distribution and make the cash return. The board will then deduct the ex- penses for operating its office, print- ing tickets and the salaries of certain low-paid theatre employes such as porters, ushers, etc. The remainder of the fund will be divided equally among all others employed in the pro- duction on a per capita basis. Pro- ducers will not share in these funds and the unions will waive the usual salary requirements. The Stagehands Union and the Theatrical Managers and Agents Union already have granted formal approval. Equity will vote approval today. The Dramatists Guild and Musicians Union, Local 802, have not met to consider the matter but officials of these groups have indicated to Harding that approval is almost certain. Under present plans only one per- formance of each play will be given for the high school students. Whether it is desirable to expand the service will be decided after the response to the plan is studied. It is expected that about 12 to 15 plays will be per- formed for the benefit of the students under this plan. Greek Relief Drive Under Way Today (Continued from page 1) unteered their services. Marvin Schenck is producer of the show. The theatres throughout the country will run a short trailer soliciting funds, and will show "Greece Fights Back," subject distributed by Paramount, the proceeds of which will go to the fund. In addition, 1,142 theatres will give midnight shows, and 123 houses in 120 cities will give special midnight stage shows, with stars making per- sonal appearances. Herman A. DeVry Dies at Age of 65 (Continued from page 1) Inc., which became the De Vry Cor- poration, when he bought the Q.R.S. company in 1932. He was a close friend for mury years of Dr. Lee De Forest. He founded De Forest Training, Inc., which trains students with the aid of home films as text books. De Vry is survived by his widow, two sons and a daughter. Studio Labor Status Up at U. S. Hearing (Continued from page 1) concessions over and above the wage- hour conditions they already have ob- tained and to obtain possible /* \ benefits accruing under the law. At stake are possible elimination of distant location rates, shifts in over- time and work week limitations, and exemption and non-exemption of cer- tain groups from the act's provisions. Joseph Padway, A. F. L. general counsel, who will represent the IA.T.S.E. at the hearing, arrived yesterday and today conferred with business reperesentatives of the locals preparing a protest. The IA.T.S.E., it was reported, would seek to push negotiations for new contracts with the producers before final decisions on the wage-hour matters are reached. International unions signatory to the studio basic labor agreement also will appear to protest, chiefly against parts of the report of E. M. Cocking, chief analyst of the division, which, the unions say, threaten to interfere with concessions obtained from the producers through the pact. There are 554 classifications of workers whose status as to profes- sional and non-professional have been agreed upon by employers and em- ployes, according to the Cocking re- port. Thirty-one classifications are in doubt. Providence Rules Cut Total of Games Providence, March 24. — More rigid restrictions governing games here re- cently imposed by the Bureau of Police and Fire have reduced the number of such games weekly from 39 to 30, police headquarters stated. The new regulation requires that religious and charitable organizations conduct games only in their perma- nent quarters. The bureau is await- ing the decision of City Solicitor William A. Needham on the new regulation. Extend Museum Series The film series, "Forty Years of American Film Comedy, Part II," consisting of 24 films arranged in 11 programs, will be extended from March 30 through May 19, by the Museum of Modern Art Film Library. The films are shown daily at the Mu- seum, without an admission charge. Auction Rug for British A Royal Abustan rug, duplicate of that used in the Alexander Korda- United Artists film, "The Thief of Bagdad," will be auctioned for the benefit of the British American Ambulance Corps at a supper at Jack Dempsey's Restaurant tonight. Titles French Picture Herman G. Weinberg has completed English titles for "L'Homme Qui Cherche La Verite" (The Alan Who Seeks the Truth), French film sched- uled for release here this season by Joseph Gottesman. Tuesday, March 25, 1941 Motion Picture Daily 4Eve' Providence Hit, Takes $10,800 Providence, March 24. — Three days of extremely cold and windy weather were blamed for indifferent returns by exhibitors here, but the Strand's double, "The Lady Eve" and "A Man Betrayed," came in with a strong $10,800. -i-^'timated receipts for the week end- . jTarch 19-20 : "Mr. and Mrs. Smith" (RKO) "Little Men" (RKO) RKO- ALB EE — (2,239) (28c-39c-50c) 7 days, 2nd week. Gross: $6,000. (Average, $6,000) "The Great Dictator" (U. A.) "The Devil Commands" (Col.) LOEWS STATE — (3,232) (28c-39c-50c) 7 days Gross: $10,800. (Average, $11,000) "Footsteps in the Dark" (W. B.) "Here Comes Happiness" (W. B.) MAJESTIC— (2,250) (28c-39c-50c) Gross: $6,000. (Average, $7,000) "The Lady Eve" (Para.) "A Man Betrayed" (Rep.) STRAND— (2,200) (28c-39c-50c) Gross: $10,800. (Average, $6,000) "Flying Wild" (Mono.) METROPOLITAN — (3,045) (28c-39c-S5c- 75c) 3 days. Stage show with Will Bradley and orchestra; Ray McKinley; Stump and Stumpy; the Five Elgins; and Catherine Westfield. Gross: $7,000. (Average, $4,700) "Shadows on the Stairs" (W. B.) FAY'S— (1,800) (33c-39c-44c) 7 days. Stage shows with Don Zelaya; Toyland Frolics; Dance Fantasies; the Five Cordovas; and Garner & Wilson. Gross: $4,200. (Average, $5,000) "Tobacco Road" (20th-Fox) "The Great Mr. Nobody" (W. B.) CARLTON— (1,526) (28c-39c-50c) 7 days, 2nd week. Gross: $1,700. (Average, $3,500) "Honeymoon for Three" (W. B.) (3 days) "Romance on the Rio Grande" (20th-Fox) (3 days) "Western Union" (20th-Fox) (4 days) "Life with Henry" (Para.) (4 days) EMPIRE — (1,200) (20c-28c) 2nd run. Gross: $1,700. (Average, $1,700) days days. Expect Dual Ban Bill Up This Week in Mo. Jefferson City, Mo., March 24. — Designed to eliminate double and triple features, a bill will be intro- duced in the Missouri legislature this week to limit motion picture per- formances to two and a half hours. The measure will be sponsored by the Better Films Council of Greater St. Louis. The bill provides a 15-minute in- termission if the performance runs more than two and a half hours. Vio- lations would be punishable by fines ranging from $100 to $500 or six months in jail or both. Representative Paul Turner has introduced another measure prohibit- ing standing room, the measure pro- viding that no tickets may be sold to a place of public entertainment when the seating capacity of the house is filled. Similar bills have been de- feated in previous sessions. Exhibitors are expected to fight the measure. Reserve Dietrich Ruling City Court Justice James C. Madi- gan yesterday reserved decision in the $90,000 breach of contract suit of Jack- Forrester, French producer, against Marlene Dietrich. Forrester charges that Miss Dietrich failed to make a pjcture in France in 1939 for which she had contracted. Plan 'Hopkins' Premiere Hollywood, March 24.— Sam Abar- banel and Al Ardmore of Republic's publicity department left today for St. Louis on preparations for the premiere of "Sis Hopkins" April 4. Herbert J. Yates and William Saal of the studio will leave for St. Louis tomorrow. Directors Assigned for Three Top Metro Features Hollywood, March 24 rVRECTORS' assignments made the biggest production news, as M-G-M assigned directors to three of its biggest productions and other studios announced production plans. Roy Del Ruth, whose last at M-GLM was "Broadway Melody of 1938," was given a term deal at M-G-M and as his first, will guide "The Chocolate Soldier," which will star Nelson Eddy and Rise Stevens, the latter the newly signed Metro- politan opera star. Victor Saville will produce. Frank Borzage was set on the re- make of "Smilin' Through," which will be a musical version with Jean- ette MacDonald in the Norma Shearer role. Busby Berkeley, who directed Mickey Rooney and Judy Garland in "Babes in Arms" and "Strike Up the Band," both musi- cals, will guide the pair and Shirley Temple in "Babes on Broadway." The picture will be Shirley's first for M-G-M. • • Warners brought out "King Rub- ber," original story by Barry Triv- ers of the South American rubber industry, and assigned William K. Howard to guide it, with Ray En- right taking over Howard's previ- ously announced task on "Bad Men of Missouri," with Wayne Morris, Arthur Kennedy and Joan Perry in the leads. There is some ques- tion of Humphrey Bogart playing a featured role in the picture. No casting has been announced for "King Rubber." • • Direction of "Betty Co-Ed," musi- cal to feature Ruby Keeler, Harriet Hilliard and Ozzie Nelson and his band at Columbia, has gone to Ed- ward Dmytryk, as his first under a recent four-picture deal. Howard Bretherton will guide "The Sheik of Buffalo Butte," Hopalong Cassidy pic- ture to be produced by Harry Sher- man. • • Harry Sherman has signed Brad King, guitar playing rodeo champion, to enact the role of "Johnny Nelson," character created by Clarence E. Mulford for the Hopalong Cassidy westerns starring Bill Boyd. . . . Two new acquisitions to Columbia's "name" roster are Lois Andrews (Mrs. George Jessel), who will appear in "Girls from Panama," and Lupe Velez, who will be featured in "Hon- olulu Lou." Miss Velez is under contract at RKO to appear with Leon Errol in three "Lord Epping" tales. . . . Deanna Durbin will star with Charles Laughton in Univer- sal's "Almost An Angel," to be pro- duced by Joe Pasternak and directed by Henry Roster. - • • William Berke, formerly at Re- public, has been signed as a producer for the Charles Starrett Columbia films and will handle two of the three this season, all of which will be based on James Rubel's novel, "The Medi- co of Painted Springs." The first will have that title, the second "The Medi- co Rides" and the third, "The Medico Hits the Trail." . . . M-G-M has acquired the contract, held by Mono- gram, of Veda Ann Borg, and she will be replaced in Monogram's "Widow of the Press" by Evalyn Knapp. Dorothy Lee replaces Peggy Shannon in the same picture. . . . Columbia has purchased Steven Vas' original, "Dangerous Curves," for production as a musical. • • Republic will transfer Bret Harte's "The Outcasts of Poker Flat" to the screen with Roy Rogers and George "Gabby" Hayes in the leads. Joseph Kane will di- rect the film, to be produced by Joseph Santley. . . . With Olympe Bradna, James Stephenson and Ronald Reagan in the leads, "The Flight Patrol," Warner picture of youthful flyers in the R. A. F., gets under way this week. Lothar Mendes will direct. • • Paramount has borrowed Edward Arnold from M-G-M for "Nothing But the Truth," which will star Bob Hope and Paulette Goddard. Other On the Half -Shell OUIT1NG the subject mat- *J ter to the tastes of the viewers, Paramount today at 12:30 will screen the one-reel short, "Wild Oysters," and follow it with a repast of all the oysters those present can hold, washed down with wine. At the same time, a profes- sional "opener" will show the folks how oysters should be opened. Paramount castings are Barbara Jo Allen (Vera Vague) in "Buy Me That Town;" Porter Hall in "Par- son of Panamint" ( Sherman ) ; and Katherine De Mille in "Aloma of the South Seas." . . . Tony Martin and Virginia Grey get the romantic leads in the Marx Brothers picture at M-G-M. . . . Paul Kelly will support Robert Sterling, Marsha Hlint, Virginia Weidler and Fay Holden in M-G-M's "Man From The City." Opens Kansas Theatre Kansas City, March 24. — Don Phillips has opened the Lyric at Colby, Kan., and has closed the Colby, which he operated in that town. ?IS HOPKINS BOB CROSBY AND HIS BAND WITH THE BOBCATS CHARLES BUTTERWORTH • JERRY COLONNA SUSAN HAYWARD Katharine Alexander • Directed by Joseph santley Pictwie J Original story by F. McGrew Willis • Screenplay by Jack Townley • Milt Gross and Edward CiSjfi IT'S A SUPER-COMEDY WITH MUSIC! 8 Motion Picture Daily Tuesday, March 25, 1941 Off the Antenna CRAWFORD CLOTHES has made two large purchases of time over WMCA and WHN, it was disclosed yesterday, contracting for 16% hours for 52 weeks. The contracts went into effect Sunday. The WMCA total is for 12*4 hours weekly and includes news, music and sports. In the schedule are "Rise and Whine," Monday through Saturday, 7:30-7:45 A.M.; news, Monday, Wednesday, Friday and Saturday, 12:15- 12 :30 P.M., Monday through Friday, 7 :15-7 :30 P.M. and Friday only, 12-12 :15 A.M.; Art Green and recorded music, Wednesday, 4:15-4:30 P.M., Monday through Friday, except Wednesday, 5 :30-5 :45 P.M., Sunday, 12 :30-l :30 P.M., Monday, 11-11:15 P.M. and Wednesday, 9-9:15 P. M. ; "Sportscope" with Lester Bromberg, Monday and Friday, 8-8:15 P.M.; "The Old Refrain," Saturday, 5 :30-6 P.M. There are also nine recorded programs on Saturday. On WHN, Crawford will sponsor U.P. news Tuesday, Thursday and Saturday 7:15-7:30 A.M. and 8:30-8:45 A.M. Green and recorded music will be sponsored Monday, Wednesday and Friday, 1 :30-l :45 P.M. and 6-6:15 P.M. Major Paul C. Raborg, military analyst, will be sponsored Mondav through Saturday 7:45-8 P.M. • • • Purely Personal: Richard Crooks will be guest on the "Ford Sunday Eve- ning Hour" over CBS Sunday. . . . Robert C. Sherwood, Columbia Pictures producer, will be guest on "So You Think You Know Music" over WEAF tonight at 7:30. . . . William Hilhnan, NBC London correspondent now on a visit here, will be guest speaker at the Olean, N. Y '., Chamber of Com- merce April 15. . . . Nat Berlin, of WNEW continuity department, and Dick Pack, of IVOR publicity, have had two scripts accepted for "Anthology of Non-Royalty Plays" soon to be published by Greenberg & Son. • • • Joe Pasternak will be guest on the first Louella Parsons program on CBS Friday evening on which his new Universal film, "Flame of New Orleans," will be dramatized with Marlene Dietrich and Bruce Cabot. . . . Edward G. Robinson will depart from the usual format of his CBS "Big Town" show to present an adaptation of Warners' "The Sea Wolf." The date is tentatively set for April 23. • • • Prominent Negro entertainers will be heard Sunday at 5 P.M. over CBS as part of the campaign of the National Urban League to aid Negroes in finding employment. Those who will be heard include Marian Anderson. Ethel Waters, Joe Lewis, Duke Ellington, Ella Fitzgerald, Louis Armstrong. John Kirby, Bill Robinson, Kenneth Spencer, the Golden Gate Quartet and Anne Wiggins Brown. • • • Program News: Benny Goodman's WJZ program for Old Gold will be staged at Manhattan Center beginning Monday. Goodman will start playing for dancing at 6:30 P.M. The program will go on the air at 7:30. . . . WHN has restored "Music to Read By" to its original midnight to 1 A.M. spot. . . . Quaker Oats Co. has extended the contract for "Girl Alone" to April 25 over NBC-Red. . . . Bessie Beatty's program over IVOR celebrates its sixth month on the station this week with 12 sponsors listed. The program is now com- pletely sold out. . . . Maurice Dreicer will start a series of ghost stories over WHOM beginning tonight. He will be heard Monday through Friday 11:15 11:25 P.M. . . . Beginning Monday, "The Munros" will be heard at 10:15 A.M. instead of 11 :00 over NBC -Blue. . . .Zeke Manners and his Gang will return to WNEW this week in a new series Monday through Friday 9-9 :30 A.M. Theatre Changes Prompt F.C.C. Approval Seen For Television (Continued from page 1) upon the requirements of the defense program for the skilled technicians and materials, a point which was raised by CBS officials last week. At the same time, Jolliffe disclosed that RCA had broken down the or- ganization which it formed a year ago to manufacture and market receivers and would have to start from scratch. Representatives of other television in- terests denied that any difficulty would be encountered in meeting public de- mand for receivers. Farnsworth Tele- vision representatives disclosed that their company would be prepared to act within four months after issuance of a commission order. In a brief filed at the close of the hearing the Allen B. DuMont Laboratories charged that the reluctance of RCA and CBS for immediate commercial- ization was due to an unwill- ingness to subject their radio networks to the new competi- tion. Members of the FCC made it clear that they were not in sympathy with RCA's position, Fly pointing out that further delays would mean that the industry would "be put to the ex- pense and inconvenience of ever re- curring hearings," while Commissioner Thompson told Jolliffe flatly that he could not subscribe to the latter's philosophy. Representatives of Zenith Radio Corp. and other companies suggested minor changes in the standards, par- ticularly with respect to hours of service, there being general agreement that a requirement of five hours a day at the start is too great a burden. Club Affirms Mutual Contract on Fights Contracts giving Mutual exclusive rights to boxing bouts beginning June 1 are in good order and will go into effect on that date, a spokesman for the 20th Century Sporting Club said yesterday. He asserted that a check given by NBC-Blue which has held those rights since 1937 was a loan and has since been repaid. Edgar Kobak, vice-president in charge of sales for the Blue, has as- serted that the check was an advance for the 1941-'42 rights, and that a suit would be started. Mike Jacobs is head of the sporting club. Play by Bercovici Will Open Tonight A new play, "Gabrielle," by Leonardo Bercovici, based on Thomas Mann's "Tristan," will be presented tonight at the Maxine Elliott Theatre. Rowland Leigh is the pro- ducer and Randolph Carter directed. The cast includes Eleanon Lvnn. John Crom- well and Harold Vermilyea. Plan RKO Trenton House Trenton, N. J., March 24. — A per- mit for the construction of a new theatre, to seat 800 persons, has been granted to James M. Brennan, RKO divisional manager. The structure, to cost $30,000 exclusive of equipment, will be built in suburban Hamilton Township. Work is expected to start next Fall upon completion of the new RKO neighborhood house in the city proper. Reopen Missouri Theatre Clarence, Mo., March 24. — Thill Fetheringill and R. W. Roy have re- opened the Clarence here. Takes Over Kansas House Kansas City, March 24. — Sol Banks has taken over the Avon, Hills- boro, Kan. Herschel Arnold, former owner of the Avon, will continue op- erating the Chapman at Chapman, Kan. Manages Texas Houses Lubbock, Texas, March 24. — Boyd F. Scott has been named manager of the Broadway and Lyric here, suc- ceeding Howard Jaggers, who is man- aging the Kiowa, Hobart, Okla. Takes Uvalde, Texas, Houses Uvalde, Texas, March 24. — Jack Pickens has taken over the Strand and Ritz Theatres here. Shifted in Rochester Rochester, March 24. — Frank Placerean, assistant to Francis An- derson at the Palace, has been shifted to assistant at the Temple, to succeed Edward Dunn, drafted. Re-Carpet Wilkes-Barre House Wilkes-Barre, Pa., March 24. — New carpeting has been installed in the theatre, foyer and lobby of the Irving Theatre. Mexico Approves Frequency Change Washington, March 24. — The final barrier to the ap- plication on Saturday of the North American Regional Agreement was eliminated today when the FCC was ad- vised through the State De- partment that the Mexican Government has approved the frequency allocations to, Mexican stations. f The Mexican ratification iA the allocations worked out at meetings here in January was the last one to be received, Canada and Cuba having earlier expressed their ac- ceptance of the frequencies set up for them. Ascap Is Continuing Work on Radio Pact Ascap's radio negotiating commit- tee and board of directors held meet- ings yesterday to further the prepa- ration of formulae for both blanket and per program contracts for radio networks. The work is expected to be completed within the next 10 days or two weeks. The formulae will be presented to both the National Association of Broadcasters and to Mutual Broad- casting System. The latter network is conducting its negotiations direct with Ascap and held its first meeting with the music society's radio commit- tee at the weekend. The meeting was described by Ascap officials as "amicable." It was reported that the question of Broadcast Music, Inc.'s, future was raised at the meeting but brought forth no suggestions from the Ascap delegation. Philco Net Income Up to $2,268,568 Philadelphia, March 24. — Net in- come of Philco Corp. for 1940 after all taxes and charges was $2,268,568 as compared with $1,899,323 for 1939. it was announced today by Tames T. Buckley, president. During 1940 Philco became the first manufacturer to pro- duce 2,000.000 sets in one year. Buckley said. Earnings amounted to $1.65 per share on the common as com- pared with $1.38 in 1939. Second Phila. Station Will Move to Jersey Philadelphia. March 24. — WCAU will be the second local station to move across the state line to New Jersey when it moves its 50.000-watt trans- mitter to Moorestown Township about July 1. WIP was the first station to move its transmitter to New Jer- sey. WCAU officials stated that an estimated $250,000 will be spent for the new equipment. Kay Francis in 'Aiinf Hollywood, March 24. — Kay Fran- cis has been signed by 20th Centurv- Fox for "Charley's Aunt," which will star Jack Benny. A 1 - mm A Alert, InteUigei and y Infflspeii. >amo to thei^j cjtion Picture Industry MOTION PICTURE DAILY 49. NO. 59 NEW YORK, U.S.A., WEDNESDAY, MARCH 26, 1941 TEN CENTS Speed Urged AsEssential In Arbitration A. A. A. Counsels Boards To Oppose Delays Speed and economy are essential in arbitration proceedings, members of the film industry arbitration ma- chinery are counseled by the Amer- ican Arbitration Association in a manual issued yesterday to more than 700 persons comprising the board panels. The arbitrators are urged to avoid delays by "opposing dila- tory practices by parties or counsel and by refusing un- necessary adjournments," and to maintain low costs by "keep- ing within allowances when they are set or regulating rigor- ously the expense when the par- ties have neglected to safeguard themselves." The manual details the powers, du- ties and responsibilities of the arbitra- (Continued on page 6) 20th-Fox Quarter Profit, Year Loss With a fourth quarter profit of $558,275, Twentieth Century-Fox yes- terday reported a consolidated net loss for the year ended Dec. 28 of $517,- 336. This figure is after providing a reserve for foreign assets of $2,800,- 000 during the year. During the fourth quarter, $600,000 was set aside as a reserve. Had no reserve for for- eign assets been set aside, the com- pany would have- shown a net profit of $2,032,664 for 1940 after provision for Federal income taxes. "While operating results for the (Continued on page 6) N.L.R.B. Hearing Set April 3 on SPG Plea The National Labor Relations Board has set April 3 as the date on which it will hear argument in Washington on the petition of the Screen Publicists Guild for certification as collective bargaining agency for publicity and advertising employes in the home of- fices of the eight major companies. Hearings were concluded in New York several weeks ago before Trial Rxaminer Daniel Baker. In accord- ance with the regular procedure, the testimony taken at these hearings was forwarded to Washington for a deci- sion by the board. Study Cartoons Use In Defense Training Washington, March 25. — Walt Disney's animated car- toons may be used to demon- strate how certain mechani- cal tasks involved in the defense program are per- formed, under negotiations under way by the Office of Production Management, it was revealed today. The pictures would be used in the OPM's "in-plant" training courses, through which thousands of skilled workers are to be trained for defense jobs. It was disclosed that the Disney studio has made a number of drawings for mili- tary unit insignias free of charge, but defense officials will seek a contract under which the cartoon maker will be paid, believing that the projects they have in mind are too extensive to be made without charge. Abandon Plan for Programs to S. A. Proposals for broadcasting motion picture programs in South America were virtually abandoned yesterday when a committee of foreign publicity managers of major companies voted to take no action on the plan and to leave the entire matter in abeyance indefinitely. No further meetings on the subject are scheduled. Difficulties in clearing songs for broadcasting in South America as parts of recorded programs were cited as the principal obstacle to the propo- sals. This newest difficulty added to the opposition to the broadcast plans from a majority of the companies, which already regarded them as too costly for practical purposes. Court Authorizes; Study of 'IP Data In Schine Action Buffalo, March 25. — Federal Judge John Knight today signed an order au- thorizing the Government to inspect numerous documents of Universal Pic- tures Co., Inc., and Universal Film Exchanges, Inc., as defendants in the Federal anti-trust suit against the Schine Circuit, pending in Federal court here. The documents which the companies must open to the Government are pri- marily any which relate to business dealings Universal may have had with Schine theatres and with the seven other major companies named as de- fendants in the original clomplaint here. Papers to be inspected include those containing names of corporations or persons to whom Universal allegedly refused to license films or with whom (Continued on page 7) Early Report Due On Studio Labor Los Angeles, March 25. — Promis- ing an early report of his findings, Chief Examiner Merle Vincent of the Federal wages and hours division today opened hearings on protests on reclas- sification of studio workers and other problems pertaining to labor relations in film production. An agreement between the unions and the producers to classify nurses as professional workers was the only point settled today. On the request of Joseph Padway, A.F.L. counsel and I.A.T.S.E. spokesman, the hearing on protests of I.A.T.S.E. locals was post- poned until tomorrow. Vincent said at the conclusion of the hearing that he would report his find- ings to Gen. Phillip B. Fleming, na- tional wage-hour administrator, for his (Continued on page 7) English Exhibitors Refuse to Book Propaganda Film Duplicating Reels London, March 25. — English exhibitors are rebelling against the weekly propaganda short subject issued yesterday by the Ministry of Information, depicting a German air raid. It is claimed that the Ministry is unfairly competing with the newsreels, and is expecting the theatres to show material already adequately and almost exactly covered in a recent newsreel. The major English circuits and other theatres totaling 1,500 houses are refusing the subject and the Ministry has been com- pelled to issue publicly statements of apology. It is expected the Cinematograph Exhibitors Association will maintain a firm atti- tude on the issue, considered vital to exhibition interests, which fear increasing Government encroachment in the field and function of the film industry. U. A. to Have 11 Producers Next Season Cooper, Pressburger and Czekely Added Hollywood, March 25. — United Artists will start the 1941 -'42 sea- son with at least 11 producers, ex- clusive of David O. Selznick, Charles Chaplin and James Roose- velt, it was learned here tonight. Among the new producers whose names will appear on the U.A. roster are Merian Cooper, scheduled to make one picture for Walter Wanger ; Ar- nold Pressburger, continental producer and director, and William Czekely. Pressburger, authorities assert, will make at least one picture for U.A. for the coming season. Others whose productions will be released by U.A., in 1941 -'42 are Alex- ander Korda, Walter Wanger, Ed- ward Small, Gabriel Pascal, Sol Lesser, Ernst Lubitsch, David Loew- Albert Lgwin, and Richard Rowland. James Roosevelt has completed "Pot o' Gold," which U.A. is present- ly releasing. This picture will have an international premiere in Mexico City, early in April. Dignitaries and newspapermen from Washington and around the country as well as Mexico will attend the ceremonies. In regard to Arnold Pressburger, the International Motion Picture Al- (Continued on page 6) 'Wings' to Open on Broadway Tonight Industry executives, Army and Navy officials and New York society will gather tonight at the Astor The- atre on Broadway for the opening of "I Wanted Wings," Paramount pic- ture. Tomorrow it will begin an in- definite run on a two-a-day, reserved seat basis. Last night a press preview was held at the theatre. Tonight's guest list also will include Air Marshal William A. Bishop, chief of the Can- adian Air Force, and former Postmas- ter General James A. Farley. In Today's Issue Orson Welles returns to Broadway with "Native Son," and what the critics say about it. — See Page 3. Reviews of "Outlaws of the Panhandle" and "Chinese Den," on Page 6. Critics' Quotes, Page 7. 2 Motion Picture Daily Wednesday, March 26, 1941 Personal Mention Coast Flashes Hollywood, March 25 KENNETH MacGOWAN, 20th Century-FQx producer, today was given a farewell party by studio per- sonnel headed by Darryl F. Zanuck on the occasion of his leaving late this week to become production head of the motion picture division of Nelson Rockefeller's office of com- mercial and cultural relations be- tween the American republics. Mac- Gowan, who has been given a year's leave of absence, will make his head- quarters in New York. • Paramount today set Frances Farmer and Ricardo Cortez to co- star with John Barrymore in "World Premiere." • Henry Fonda, Randolph Scott and Dana Andrews were cast today in the top spots of "Belle Star," 20th Cen- tury-Fox film. The title role is not yet filled. Tracy Barham, Head Of Northio, Married Cincinnati, March 25. — Tracy Barham, general manager of Para- mount's Northio Theatres, was mar- ried at Martin's Ferry, O., today to Margaret Rohrkemper of Hamilton, O. The wedding took place at the home of Mr. and Mrs. Warren Copp, parents of Carolyn Lee, Paramount baby starlet who was "discovered" by Barham. The couple left for Hot Springs, Va., following the ceremony. GEORGE J. SCHAEFER, RKO president, is due here from the Coast tomorrow. W. A. Scully, Universal general sales manager, will return to New York today from the South. • Herman Wobber, 20th Century- Fox general sales manager, arrived from the Coast by plane last night. • Gabriel Pascal will leave Miami today and will arrive on the Coast to- morrow. Terry Turner, head of the RKO field staff, has returned from a trip to the Coast. • Al Fellerman of Warner Theatres is the father of a daughter, born on Monday at Shore Road Hospital, Brooklyn. • Maxwell Weinberg, manager of the Little Theatre in Baltimore, has returned from a honeymoon trip with Mrs. Weinberg. • G. B. Odlum of Paramount will leave for Florida today with Mrs. Odlum. • D. C. Kennedy, manager of the Des Moines M-G-M exchange, is on a two- week trip to California with Mrs. Kennedy. WILLIAM F. RODGERS, M-G- M general sales manager, is ex- pected to return tomorrow from a Florida vacation. • Frank Donovan, vice-president of RKO Pathe News, is on the Coast. He will return in about three weeks. • Monroe Greenthal, Ben Bernie, Al Margolies and Lou Weinberg at Lindy's (next to the Rivoli) yester- day for lunch. • Robert Weitman, George Dem- bow, Joseph Vogel, Charles Rea- gan, Alec Moss, Armando, Allan Jones and Laudy Lawrence lunch- ing yesterday at Sardi's. • William Ferguson, Maurice Bergman, William Boehnel, Floyd Weber, Edward Peskay, Leo Jaffe, Marvin Schenck, Walter Futter and Harry Thomas at the Tavern yesterday for lunch. • Harry Gold, Joseph Seider, Max A. Cohen, George Skouras, George Benas and Ralph Austrian, at Nick's Hunting Room for lunch yes- terday. • Harry Brandt, Norman Elson, Martin Moskowitz, George Givot and George Burns having lunch yes- terday at Lindy's (51st St.). • Harry Bessey, Altec Service Corp. secretary-treasurer, has returned from Boston. • Daniel Clancy, assistant manager of the Rialto, Butte, Mont., and Ann- ette Paddoci were married recently. U. A. Will Have 4 on B'way at Same Time United Artists will have four pic- tures playing Broadway simultane- ously within the next few weeks. "That Hamilton Woman" is sche- duled to open at the Music Hall early in April. "Topper Returns" opens to- morrow at the Capitol. "Pot o' Gold" at the Roxy and "The Great Dictator" at Loew's State will also open early in April. Universal's "Lady from Cheyenne," with Loretta Young, is slated to fol- low "Pot o' Gold" at the Roxy. Shaftsbury Brint Dies Ottawa, March 25.— Shaftsbury Brint, 48, sales manager for Empire Universal Film Co., died suddenly at the Chateau Laurier here. Brint, who had been connected with the company for the past 20 years, was in Ottawa on business. William Gehring III Will iam C. Gehring, Central di- vision manager for 20th Century-Fox, is at home with a stomach ailment, which is expected to keep him from the office for at least a month. Alice Faye Sailing East Hollywood, March 25. — Alice Faye will leave Thursday on the ££. Amer- ica for New York, where she is due to arrive April 8. Newsreel Parade rT*HE gigantic Grand Coulee Dam ■*■ in operation, Jimmy Stewart in- ducted in the Army, various sports and defense subjects and a few com- paratively unimportant genei'al news items constitute the coverage matter in the new issues. The contents' MOVIETONE NEWS, No. .J^ew Navy bomber tested. Chicago sCiety women learn to drive ambulances. Virginia cadets in drills. Warship returns to Aus- tralia after Mediterannean battles. Greeks parade in New York. Foreign propaganda destroyed at San Francisco post office. Hat fashions. Skiing at Sun Valley. Wash- ington children go fishing. Hockey at Madison Square Garden. NEWS OF THE DAY, No. 25S — Grand Coulee Dam starts. New TVA dam under construction. James Stewart in the Army. Navy planes in San Diego maneuvers. Propaganda burned in San Francisco. Greeks in Fifth Avenue parade. Brazil- U. S. soccer here. California dogs become military mascots. Hockey in New York. PARAMOUNT NEWS, No. 60— Greeks celebrate independence in New York. For- eign propaganda destroyed. Jimmy Stewart in the Army. Grand Coulee Dam in opera- tion. British benefit show in New York. San Antonio air show and preview of "I Wanted Wings." Mississippi becomes pop- ular with tourists. Brazil and U. S. soccer teams meet in New York. L. I. U. vs. Seton Hall in basketball. RKO PATHE NEWS, No. 60— Australian warship returns to Sydney. Navy tests new bomber. Foreign propaganda burned in San Francisco. James Stewart in the Army. Young inventors in model plane meet. Troops reviewed at Fort Custer. Michigan. Power turned on at Grand Coulee Dam. Soldiers stage pet show in Cali- fornia. Giant turtle scrubbed at Marine- land, Fla. Hockey. UNIVERSAL NEWSREEL, No. 965— Grand Coulee Dam begins operation. Air show at Randolph Field. New navy bomber tested. Bombers for England completed in Seattle. Model plane show in Cali- fornia. James Stewart in the Army. Blast in Montreal dyeing plant. Propaganda destroyed in San Francisco. Acrobatic family performs in Washington. Dough- boys hold mascot show in California. Chicago track meet. Set Convention Meeting Pittsburgh. March 25. — Members of all Variety Club convention com- mittees will meet Sunday in Phila- delphia to complete arrangements for the Atlantic City Convention next month. It will be the only general committee meeting prior to the con- vention, John H. Harris, national president, announced. MOTION PICTURE DAILY (Registered U. S. Patent Office) Published daily except Saturday, Sunday and holidays by Quigley Publishing Company. Inc., 1270 Sixth Avenue, Rockefeller Center. New York City. Telephone Circle 7-3100 Cable address, "Quigpubco, New York." Mar- tin Quigley, Editor-in-Chief and Publisher; Colvin Brown, Vice-President and Genera' Manager; Watterson R. Rothacker, Vice President; Sam Shain, Editor; Alfred L. Finestone, Managing Editor; James A Cron, Advertising Manager; Chicago Bureau 624 South Michigan Avenue, C. B. O'Neill. Manager; Hollywood Bureau, Postal Union Life Building, William R. Weaver, Editor; Leon Friedman, Manager; London Bureau. 4 Golden Square, London Wl; Hope Wil Hams, Manager, cable address "Quigpubco London." All contents copyrighted 1941 bv Quigley Publishing Company, Inc. Other Quigley publications: Motion Picture Herald Better Theatres, International Motion Pic ture Almanac and Fame. Entered as second class matter, Sept. 23, 1938, at the post iffice at New York, N. Y., under the act of March 3, 1879. _ Subscription rates per yeat $6 in the Americas and $12 foreign. Single copies 10c. California AMERICAN'S SOUTHERN SUNSHINE ROUTE Five American Flagships daily take you along the Southern route across Virginia, Tennessee, and through the sunshine of Texas and Arizona to Los Angeles and the Pacific Coast. Save days of time, enjoy every minute of your trip. For reservations, call your Travel Agent or HAvemeyer 6-5000. Ticket Offices: 18 W. 49th St. at Rockefeller Center and Airlines Terminal, 42nd Street at Park Avenue. AMERICAN AIRLINES & ROUTE OF THE FLAGSHIPS Wednesday, March 26, 1941 Motion Picture Daily 3 Orson Welles Returns to B 'way with 'Native Son ORSON WELLES, who caused considerable public disturbance with a broadcast of H. G. Wells' 'War of the Worlds," and created great con- sternation in the film industry with a picture called "Citizen Kane," is cur- rently the producer of "Native Son," a black-and-white drama, which was presented for the first time, after extensive rehearsals, at the St. James Theatre on Monday night. The play is a dramatization of Richard Wright's book of the same name. John Anderson, of the Journal- American (Hearst) writes that it is an "uneven play, in 10 scenes with no intermission," and in discussing the chief character in the play, a Negro chauffeur, says . 'Propaganda Nearer Moscow' "The fact that he is an admitted criminal and as such is treated the same way the law treats members of the red, yellow, and even the white race, is glossed over blithely for the purpose of raising a racial issue and twisting it into propaganda that seems nearer Moscow than Harlem." Burns Mantle, in the Daily Nezvs, says the show is "the best, and like- wise the most, sensational, of this sea- son's dramas." Brooks Atkinson, in the Times, says "Mr. Wright's long and pulsing novel of a Negro boy's snarling rebellion against a white man's world was vivid- ly subjective in expression. ... It lacks the stinging enlightenment of the last third of Mr. Wright's novel." Richard Watts, Jr., in the Herald Tribune, says : "Even, if you have not read the book I think you will find 'Native Son' is not always completely comfortable in the theatre. ... It all goes to indicate that when a story was intended for one medium of expression and was entirely successfuly in employ- ing that medium, it is dangerous to use some other narrative form for which it was not essentially planned." Says Play Missed Point Richard Lockridge, in the Sun, writes : "Not all of the qualities which made Richard Wright's 'Native Son' so grimly impressive a novel have been retained in the stage version, which Mr. Wright put together with the as- sistance of Paul Green and which Or- son Welles presents at the St. James with effective theatricalism. Now and then last evening it seemed a little, indeed, as if the collaborators had missed their own point and lost their way in the violence of their story. "In spite of several direct explana- tions which the authors have inter- larded, the play comes close to degen- erating into episodes of merely physi- cal violence." Sidney B. Whipple, in the World- Telegram, writes : " 'Native Son' is decidedly not a pleasant play nor is it escapist. It is stark melodrama, touched by the hand of genius. ... It is triumph for Mr. Welles." John Mason Brown, in the Post, says: "No matter how conscientiously you may think Paul Green and Mr. Wright have faced the problem of dramatizing Mr. Wright's novel, or how much you may admire aspects of the physical production which their dramatization has been given at the St. James, it is impossible not to real- ize that 'Native Son' at its best on the stage is as nothing compared to 'Na- tive Son' at its crudest in book form." Like Daily Worker Robert Coleman, in the Daily Mir- ror, (Hearst), writes: " 'Native Son' ... is a propaganda play by Professor Paul Green and left-winger Richard Wright . . . Those who like the book are likely not to like the play ... It has three or four melodramatically effective episodes. The others are pedestrian, muddled in logic, often tiresome." In discussing the chief character of the play, Coleman continues : "Big- ger's defense, conducted by a Com- munist mouthpiece, sounds remarkably like a page from the Daily Worker or the New Masses." Louis Kronenberger, in PM, writes : "Taken by itself ('Native Son') it is a thoroughly effective piece of theatre. All the same the play lacks the rich- ness and subterraneous power of the book, as well as the essential mean- ing." S. S. U. S. Bases Seen British W. I. Boon Establishment of American defense bases in the British West Indies which, it is estimated, will result in 20,000 to 30,000 service men stationed there permanently, is expected to prove a boon to theatre and film business there, Major Charles H. Tebay, United Art- ists' manager for Trinidad, said yes- AjEs^pr Tebay is making his first vis.Tro the company's home office >, since assuming his post at Trinidad three and one-half years ago. He will be in New York about a month. Business in the territory, which in- cludes all of the British West Indies ] and British and Dutch Guiana, has continued at an excellent level since the outbreak of the war, he reported. No military regulations which affect theatre operations adversely have been invoked, although films now are sub- ject to censorship and remittances of Trinidad dollars to New York are limited to 60 per cent of the distribu- tors' revenue in the territory. American pictures command the major share of playing time in the approximately 50 theatres in the terri- tory and musicals and action pictures are preferred, Major Tebay related. Admission scales range from 12 to 15 cents in the small towns to a top of $1 in the cities. W.B. Albany Meeting On Bernhard Drive Albany, March 25— M. A. Silver, Warner theatres New York zone manager, conducted a meeting of 35 theatre managers and zone de- partmental heads here today. Joseph Bernhard, general manager of the circuit, and Harry Goldberg, director of advertising and publicity, attended from the home office. Plans were made for the three- months "Bernhard 10th Anniversary Drive" which will start Easter Saturday. Among those attending were C. A. Smakwitz and Ralph Crabill, district managers ; Max Friedman, zone booker, and James Faughnan and Joseph Weinstein of the Albany office. Paramount Is Host At an Oyster Party Paramount played host yesterday at the home office projection room, when, in conjunction with a screening of the short subject, "Pop and Mpm in Wild Oysters," Paramount execu- tives and trade paper and newspaper representatives had their fill of oy- sters, washed down with wine. Among those present were : Oscar Morgan, Robert M. Gillham, John D. Hertz, Jr., G. B. J. Frawley, Paul Radin, Rudolph Montgelas, David Hopkins, Richard Murray, Alec Moss, Ed Sullivan, Manny Reiner, Sam Shain and Gertrude Merriam. Funeral for De Vry Will Be Held Today Chicago, March 25. — Funeral serv- ices for Herman A. De Vry, president of De Vry Corp., manufacturer of film sound equipment, who died Sun- day of a heart attack, will be held to- morrow at the Lain Chapel. Burial will be at the Rose Hill Cemetery. Dinah Shore-Cantor Dispute Arbitrated A breach of contract complaint by Eddie Cantor against Dinah Shore was heard in arbitration proceedings yesterday at American Arbitration As- sociation headquarters. Miss Shore, who was under contract to Cantor for his radio program, con- tended at the hearing that the comedian had failed to exercise an option to continue her services, there- by terminating the contract and leav- ing her free to negotiate elsewhere. At present, it was developed, she is negotiating with Chase & Sanborn. Cantor contended that the option had been lifted and that the contract is still in force. A. Edward Moskowitz, attorney : John Moses, artists' agent, and Henry Monroe Campbell, a member of the A. A. A. panel, were the arbitra- tors. Decision was reserved. Boren Asks Support For Industry Probe Washington, March 25. — Denounc- ing the practices of the film industry, Representative Lyle Boren of Okla- homa today asked the House Rules Committee to approve his resolution for a Congressional investigation. Congressman Boren told the com- mittee that conditions in the industry are such that an investigation is jus- tified and would develop the need for legislative action. Representative Hamilton Fish of New York sug- gested that the resolution be amended to provide also for a probe of film war propaganda, to which Boren ex- pressed agreement, commenting that it was a subject which should be stud- ied. The committee took no action pend- ing additional hearings at which the matter will be further explored. UA Post for Levey Is Not Considered United Artists officials stated yesterday that any conversations held with Jules Levey, head of Mayfair Pro- ductions, were held some weeks ago, and that the con- versations were in regard to a divisional sales post. It was said that the talks never ma- terialized into any formal of- fer or proposal. The matter of Levey's pos- sible association with United Artists, therefore, is not now under consideration. Technicians Favor English Commission London, March 25. — The Associa- tion of Cine Technicians at its annual meeting on April 6 will approve formally the Government's plan for a Films Commission and a Film Credit Bank, contingent upon certain safe- guards. The labor organization is expected to seek representation of trades unions and technical management on the com- mission, equal representation of em- ployes and employers, constant con- tact between the commission and the Films Advisory Council and regular reports on the activity of the com- mission. It also will ask that the basic capi- tal of the Credit Bank be increased beyond the originally indicated figure, that advances be made only to Eng- lish producers, and that the technical work on all subsidized productions be checked. Meanwhile, the Cinematograph Ex- hibitors Association and the Kine- matograph Renters Society will meet in joint session tomorrow to study the possibility of an agreement on trade policy aimed at increasing the avail- able screen time for British product. It is understood the primary purpose of the Board of Trade plan is to in- stitute generally single feature pro- grams, to increase the exhibition chances of quota footage. It is believed that certain distribu- tors and one major circuit favor the plan. The difficulty pointed out is that the CEA has no authority to dictate the trading policy of its members. It can only pass a resolution in support or advise members, without any as- surance of general acceptance. W.B, Reported Buying Edna Ferber Novel Warner Bros, have bought "Sara- toga Trunk," unpublished novel by Edna Ferber, for $175,000, according to reports yesterday. This was said to be a record price for a novel, the previous high being for Ernest Hem- ingway's "For Whom the Bell Tolls." Paramount last October paid $110,000 for the Hemingway novel, with a per- centage arrangement based on sales of the book which brought the total pay- ment to about $150,000, it is said. The Warner deal with Miss Ferber provides for a cash payment in full, with a stipulation that the rights will revert to the author after five or six years. Warners are said to be inter- ested in adapting the story as a musi- cal for Broadway production as well. SPECTACULAR OPENINGS AND ENGAGEMENTS FROM CALIFOR- NIA TO VIRGINIA! . . . Twin premiere at SAN DIEGO breaks all records in the history of the city! . . . Same story for the dual opening at PORTSMOUTH and NORFOLK, VA. . . . This on top of the sensational hold-over at SAN FRANCISCO, the amazing performances at PORTSMOUTH, N. H. and NEW LONDON, CONN., and the glowing reports from BUFFALO, SEATTLE, DULUTH, PHOENIX, LITTLE ROCK and a dozen other cities -all telling you that the big two-ocean laugh show is in action for the money— NOW! HAROLD LLUYU 0 WITH y GEORGE MURPHY BALL O'BRIEN HENRY TRAVERS • FRANKLIN PANGBORN Puduced 'lu 7>MckJlt/ RICHARD WALLACE i££ HflRni n 1 1 nvn ; BEBT GI""iT ™ 6 Motion Picture Daily Wednesday, March 26, 1941 Feature Reviews "Chinese Den" {Film Alliance of the U. S.) A DAPTED from a stage play, this film, produced in England by Brit- ish Lion, offers sheer melodramatics in a plot structure of emotional potentialities which unfortunately are not realized. Paul Lukas, in a not wholly convincing attempt to portray a wealthy Chinese of culture and breeding in the rubber-producing country about Singapore, does his best with a role which has little to offer his talents. The others of the cast are unknown in this country, and not more than adequate. The story concerns the marriage of a dance hall singer to the wealthy Chinese, her inability to find happiness in his sumptuous jungle retreat, and her love affair with a neighboring English planter. Her sister comes for a visit, and complications are resolved with the rescue of the two girls by the brother of the planter, a naval officer. George King, in direction, attempted to instill as much as possible of the weird into his production. Harold Richman acted as production supervisor. In support of Lukas are Jane Baxter, Kay Walsh, Robert Douglas and Wallace Douglas. Running time, 73 minutes. "G."* Charles S. Aaroxsox "Outlaws of the Panhandle" (Columbia) TYPICAL in story, cast and production, this yields entertainment exclusively for those who delight when the screen depicts rugged Western heroics, staged without too much regard for plausibility, espe- cially when fights and chases are on view. It has all the action which could be inserted, and then some. Charles Starrett is the hero, who is intent upon constructing a tunnel for the shipment of cattle. The opposition leader, who smirks continu- ously, is Norman Willis. Frances Robinson has the female lead. "The Sons of the Pioneers," a singing group, render a few prairie melodies with some effect. Running time, 59 minutes. "G."* U.A. to Have 11 Producers Next Season (Continued from page 1) manac reveals that he was director of Cie Internationale de Productions Artistiques, France ; managing direc- tor, British Cine-Alliance, Ltd., Eng- land ; founder of Sascha Films A.G. and Sascha Studios, Vienna ; was as- sociated with Cine-Allianz Film Co., Berlin ; produced the first large scale British sound film, "City of Song," starring Jan Kiepura, in 1930, and later for Gaumont British produced English versions of "Tell Me To- night," "Unfinished Symphony," and "My Heart Is Calling" ; founder of British Cine- Alliance in 1934 ; founded C.I.P.R.A., Paris, 1937, and produced there "Prison sans Barreaux" and "Conflit," with Corinne Luchaire. Alexander Korda produced an Eng- lish version of "Prison sans Bar- reaux," titled "Prison Without Bars," also starring Corinne Luchaire, which was released by United Artists here. James Roosevelt to Mexico City April 8 Hollywood, March 25. — James Roosevelt, producer of "Pot o' Gold," for United Artists release, has advised Mexican officials that he will arrive in Mexico City, April 8. The opening of his film will be held there April 12, in connection with the planned Mo- tion Picture Festival. Also expected to attend are James Stewart and Paul- ette Goddard, co-stars of the film, and other Hollywood personalities. To LOS ANGELES Thru Mainliner Sleepers No Change of Planes The Continental. Lv. 5: 10 pm with morning arrival in Los Angeles. The Overland Flyer. Lv. 11:10 pm with daylight for the scenic west- ern portion of the trip. Reservations: travel agents, hotels or UNITED Air Lines Airlines Terminal: 80 E. 42nd St. 67 Wall St. 649 Fifth Avenue Pennsylvania Hotel Ph MU-2-7300 *"G" denotes general classification. 20th-Fox Quarter Profit, Year Loss (Continued from page 1) year 1940 were particularly burdened by the disturbing effects of the war," Sidney R. Kent, president, declared, "the corporation has, nevertheless, maintained a strong financial posi- tion." The fourth quarter profit compares with a loss of $1,192,824 during the third quarter when $1,400,000 was set aside as reserve. Consolidated net profit for 1939 was $4,146,000 with a profit of $994,218 during the fourth quarter of that year. The profit figures included all wholly owned subsidiaries except Roxy The- atre, Inc. The report stated that the purpose of the additions to the reserve for foreign assets was to exclude from net income that portion earned during the year in foreign currencies, not cur- rently realizable in U. S. dollars be- cause of restrictions imposed by for- eign governments. This unrealized income is represented by foreign cur- rent assets, principally cash, and it will be included in the income account at such future time when it may be converted into U- S. dollars or some equivalent, the report stated. Gross income from sales and rentah of films and accessories was $45,- 573,943; dividends amounted to $715,- 515; proportion of profit of controlled company, $87,747 ; and miscellaneous, $942,306, for a total gross income of $47,319,512. Current assets totaled $53,913,451 on Dec. 28. Production inventories included those released at cost, less amortization, $6,906,825 ; un- released, at cost, $4,754,800; and in progress, at cost, $2,218,036. Cash on hand amounted to $7,498,004. During 1940 net assets in foreign countries increased from $7,088,197 to $10,338,707 because of restrictions. Of the $3,250,510 increase, approximately $450,000 comprised assets which were in the process of conversion to U. S. currency, and the balance of $2,800,000 was therefore added to the reserve. With $450,000 previously in the re- serve, the company at the end of 1940 had $3,250,000 as a general reserve against net foreign assets of $10,- 338,707. Dividends from National Theatres Corp. were $693,000 compared with $756,000 for 1939. National Theaf.es and subsidiaries had a consolidated net income of $2,037,177 as compared with $2,311,108 for 1939. Twent- tieth Century-Fox's 42 per cent inter- est in National Theatres indicates an interest in 1940 earning of $855,614, the report pointed out. During 1940 the company paid $1,- 381,155 in dividends on the basis of $1.50 per share on preferred. No divi- dend was paid on the common. Out- standing capital on Dec. 28 comprised 917,420 shares of preferred and 1,- 741,995 of common. For the year ended Aug. 29, the Roxy Theatre grossed $1,780,820 from admissions and showed a net operating profit of $200,579 before in- terest and depreciation. The latter items totaled $276,335 to make a net operating loss of $75,756 but the dis- count on bonds repurchased from the sinking fund brought the net loss for the year down to $42,289. Speed Urged AsEssential In Arbitration (Continued from page 1) tors. In the matter of costs, it directs them to "incur no new, unusual ex- pense without the explicit consy\of the parties, by having the fewest J^^is- sary hearings and refusing fre'q^ent adjournments." Maintenance of the strictest im- partiality is urged upon the arbitra- tors, the manual going so far as to caution them to avoid social contacts with members of the industry and to refuse to accept theatre passes from exhibitors or distributors. Infringe- ment of these regulations, no matter how slight, will result in removal from the panel, the manual warns. Advised to Refuse Offers In the same connection, arbitrators are advised that "a scrupulous arbi- trator will go further and refuse to benefit from offers made by the suc- cessful party to improve his social and financial position, for acceptance of these even subsequently to making the award may be construed as a re- ward for a favorable decision. Mem- bers of the motion picture tribunals must observe these standards not only while thej- are serving on cases but at all times, lest it be inferred that they are being influenced in advance of their service." Arbitrators are instructed to ad- here to strict impartiality in all official contacts with parties to hearings, to maintain an atmosphere of informality and friendliness at hearings and not to lose their temper, even to lawyers. Cautioned on Conciliation Members of the tribunals are cau- tioned not to initiate conciliation, but are authorized to give what aid they can if parties to a complaint volun- tarily and by themselves attempt to reach a settlement. The manual also counsels the ar- bitrators on the importance of making their awards explicit, so as to avoid future hearings, and not to divulge their decisions before a hearing has been closed. The AAA. will mail copies of the manual to any member of the indus- try requesting them. Arbitrator Hears Washington Case Washington, March 25.— The first day of the first arbitration hearing in this area ended late today with a maze of clearance data in the lap of Arbi- trator E. Barrett Prettyman. The hearing will be resumed tomorrow. More than 35 exhibitors and dis- tributor representatives attended to- day's session, which involved the com- plaint of Walbrook Amusement Co.. Baltimore, against 20th Century-Fox and Vitagraph. The principal wit- nesses today were Thomas D. Gold- berg, president of Walbrook, and Ru- dolph Berger, M-G-M manager here. Goldberg emphasized that his the- atre compares favorably in programs, receipts and otherwise with the Am- bassador, Forrest and Gwynn, Dur- kee Circuit houses, which, Goldberg alleges, are granted unfair clearance by the two distributors named in his complaint. Wednesday, March 26, 1941 Motion Picture Daily lEarly Report Due On Studio Labor (Continued from page 1) J approval. Oral briefs supporting' tes- timony will be permitted, he said. About 30 union representatives, stu- dio executives and attorneys attended today's session. Testimony tending to show that set designers did routine work* 'and were not creative artists was gi:«3«i by Ed M. Gilbert, president of th.r^\ Designers Guild. Fred Pelton, producers' labor representative, put on vthe stand David O. Garber, Universal operations manager, who contended that these workers should go into the professional group. Differ on Classification J. P. McGowan, executive secretary of the Screen Directors Guild, sought the classification of second assistant directors as non-professionals. Fred Meyer of 20th Century-Fox said that they, as well as script clerks, were administrative aides and therefore exempt from the wage-hour provisions. Herbert L. Lamb, Walt Disney production manager, asked for exemp- tion from the law of assistant ani- mators, stating they are creative, art- ists. This was opposed by William Littlejohn of the Screen Cartoonists' Correa Gave Data On Schenck Report All computations and tables of fig- ures compiled by Lawrence W. Gib- ney, U. S. Treasury agent, were from figures supplied to him by U. S. At- torney Mathias F. Correa, Gibney ad- mitted yesterday under cross-examina- tion in the trial of Joseph M. Schenck. Gibney, last of the Government wit- nesses, stated that he had not inde- pendently computed the report which he previously read to the jury in which the Government claims proof of the evasion of tax laws. Schenck contributed $30,500 to or- ganized charities during 1937, accord- ing to Gibney. On several items in his report the defendant had over- paid, the witness conceded. Gibney also said that Schenck meticulously kept books on all expenditures and receipts, and that these books were turned over to the Government on its request for scrutiny. Urge New Jersey Games Regulation Hackensack, N. J., March 25. — A Grand Jury here yesterday in dismiss- ing lottery charges against the Ridge- wood Lodge of Elks, which operated chance games, recommended that the state legislature investigate and pro- mulgate rules regulating games in all counties in the state. Recently the game was barred in some counties. Wis. Senate Kills Daylight Time Bill Madison, Wis., March 25. — The Murray bill to provide Daylight Sav- ing Time in Wisconsin, was killed by the State Senate today by a vote of 18 to 13, marking the fourth time this proposal has been defeated in the leg- islature. Exhibitors again had op- posed the bill. Critics9 Quotes . . . "NICE GIRL?" (Universal) The plot is slight and feathery, and it is altogether devoid of originality ; but it has been attractively staged, and when it threatens to bog down, as it does about every quarter hour, Miss Durbin obliges with a song and everything is all right.— Gilbert Kanour, Baltimore Evening Sim. Miss Durbin has added another box-office success to her long and unbroken list . . . weaker than its predecessors but there is enough pleasing stuff in it to make the young folk happy. — Norman Clark, Baltimore News Post. Summed up, the plot is nothing to get excited about, but since it is well cast and directed it is sure to please. — Denver Post. One of the best E. P. O. pictures it has been our fortune see. E. P. O. meaning, of course, Entertainment Purposes Only. — James H. Briggs, Denver News. "MEET JOHN DOE" (Capra- Warners) More than just a box-office hit, of course. It represents some of Hollywood's most showmanlike movie-making. — James Frances Crow, Hollywood Citizen News. Capra has made a sentimental film, if you will, but also a wondrously in- spiring one. Many a human touch sharpens a scene or a characterization. — Harrison Carroll, Los Angeles Herald Express. It is the type of picture that is going to be popular with all classes, for its appeal is not only to the man on the street, but to the president of the bank as well. — Lonella 0>. Parsons, Los Angeles Examiner. "ANDY HARDY'S PRIVATE SECRETARY" (M-G-M) The latest entertaining yet rather too lengthy addition to the screen saga of the foremost film family. — Garrett D. Byrnes, Providence Journal. Funny and sentimental and crammed with the sort of juvenile doings which has made this the biggest box-office series to come out of Hollywood. — Virginia Wright, Los Angeles News. Follows the familiar formula with gay variations. As delightful, if not more so than its popular predecessors. — Mildred Martin, Philadelphia Inquirer. A sturdy little item of film entertainment. Full of human interest, school- boy humor and youthful charm, it contains a surprise package in the form (a lovely one at that) of Kathryn Grayson. — Kate Cameron, New York Daily News. Likeable, down-to-earth entertainment. — Rose Pelswick, New York Journal American. "RAGE IN HEAVEN" (M-G-M) Almost, if not entirely, as satisfying as "Night Must Fall." . . . your interest won't lag for a second. — Luvie Pearson, Washington Times-Herald. It is almost a good picture. From minute to minute it actually threatens to become one. It never quite makes it despite a pretty ministering angel as Ingrid Bergman. — Jay Carmody, Washington Star. A psychological study so deftly turned in the direction of interesting and sus- penseful entertainment that its clinical aspects become purely secondary to the infallible dramatic situation that requires the last-minute rescue of an innocent man from the gallows. — Norman B. Bell, Washington Post. It lacks the subtlety and the neatly sustained uncertainty of "Night Must Fall." — Don Craig, Washington News "ADAM HAD FOUR SONS" (Columbia) A cozy, touching drama. ... It will probably have more appeal for the older fry but it is pleasant entertainment at any age. — Luvie Pearson, Wash- ington Times-Herald. Not too grim or tragic, but it does deal with family problems that are a bit too terse in their implications and tense in the manner of their solution. — Norman B. Bell, Washington Post. A successful and frequently touching study of family life. — Virginia Wright, Los Angeles Nezvs. "FLIGHT FROM DESTINY" (Warners) Minus an outstanding star, it offers many fine actors doing an excellent job of make-believing — Harry Bortnick, Philadelphia Daily Nezvs. We've admired Thomas Mitchell in more films than can be counted on the fingers of both hands, so this time maybe he'll forgive us for pointing dis approvingly at his performance, which is nearly as overblown and silly as the script. — Mildred Martin, Philadelphia Inquirer. "FOOTSTEPS IN THE DARK" (Warners) The photoplay won't set the movie world on fire, and on the other hand, it should prove to be agreeable entertainment.— -Garrett D. Byrnes, Providence Journal. No world beater, but it is all right. — James Francis Crow, H ollyzvood Citizen Nezvs. Warners seldom miss with these action pictures and this is no exception. — Dorothy Manners, Los Angeles Examiner. "THE LADY EVE" (Paramount) It's the sort of film that makes movie-going a joy and a treat ... it is lively, saucy, impish, fresh and sparkling . . . directed with imagination and invention . . . acted to perfection. — William Boehnel, New York World Telegram. Even though "The Lady Eve" strains your credulity to the breaking point, it's a good picture to be shown now for it's funny and never was there a time when laughs were more needed. — Louella O. Parsons, Los Angeles Times. 'Tobacco' in Chicago Gets Big $42,000 Chicago, March 25. — "Tobacco Road," which was banned in Chicago as a stage play, plus Lawrence Welk and Orchestra on the stage grossed $42,000 at the Chicago Theatre. George Jessel headlining the stage show at the State-Lake and "Dr. Kil- lare's Crisis" on the screen brought in $19,000. Estimated receipts for the week end- ing March 21 : "Fantasia" (Disney) APOLLO-(1,400), (75c-$UO-$1.65) 7 days, 4th week. Gross: $10,000. (Average: $6,500) "Tobacco Road" (ZOth-Fox) CHICAGO^(4,000) (35c-55c-75c) 7 days. Stage: Lawrence Welk Orchestra. Gross: $42,000. (Average: $32,000) "Strawberry Blonde" (W. B.) GARRICK— (1,000) (35c-55c-75c) 7 days. Gross: $6,000. (Average: $5,000) "Roadshow" (U. A.) ORIENTAL— (3,200) (25c-40c) 7 days. Stage: Variety Unit. Gross: $14,000. (Aver- age: $13,000). "Mr. and Mrs. Smith" (RKO) 7 days. "Scattergocd Babies" (RKO) 4 days. "Vivacious Lady" (RKO) (Re-Issue) 3 days. PALACE — (2,500) (35c-55c-75c) 7 days. Gross: $14,000. (Average, $13,000) "Gone with the Wind" (M-G-M) ROOSEVELT— (1,500) (35c-55c-75c) 3rd week. Gross: $14,000. (Average, $11,000) "Dr. Kildare's Crisis" (M-G-M) STATE-LAKEV-(3,700) (25c-40c) 7 days. Stage: George Jessel and show. Gross: $19,000. (Average, $15,000) "Come Live with Me" (M-G-M) 4 days. "Cheers for Miss Bishop" (U. A.) 3 days. UNITED ARTISTS-( 1,700) (35c-S5c-75c) Gross: $12,000. (Average, $14,000) United Amusement's 1940 Profit $98,788 Montreal, March 25. — United Amusement Corp., Ltd., reports 1940 net profit, after all charges and taxes, of $98,788, equivalent to $1.16 per share on 80,829 outstanding no-par- value shares. This is a decrease of only $852 as compared with the net profit for 1939, which amounted to $99,640 or $1.17 per share. Gross operating profit and other income showed an increase in 1940, amounting to $673,093 against $617,791 in 1939. Court Authorizes Study of (U' Data (Continued from page 1) it allegedly refused to negotiate, in- cluding locations and film seasons in- volved. Also sought are all int?r-oflice memoranda, correspondence and other communications between Universal and other distributors, and with the Schine companies. Documents pertaining to the granting of clearance in tiie Schine areas also are sought. Delivery of the records, according to the court order, is to be agreed upon between Universal and the Govern- ment. Ascot Opens Tomorrow The Ascot Theatre, at Grand Con- course and 183rd St., Bronx, will re- open tomorrow evening. Leonard E. Sampson, formerly of the Fifth Ave- nue Playhouse, will manage the house. "Hotel Du Nord" will be the open- ing attraction. ■ s Motion Picture Daily Wednesday, March 26. 1941 Off the Antenna << A MOS 'N' ANDY," who completed their 13th year of broadcasting last Wednesday got another year's renewal yesterday from their current sponsor, Campbell Soup Co., for their CBS series. At the same time, Campbell renewed three other Monday through Friday shows over CBS. They are Lanny Ross, 7:15-7:30 P.M. over 58 stations; Martha Webster, 11:15-11:30 A.M. over 58 stations, and Fletcher Wiley, 2:30-2:45 P.M. over 36 stations. • • • Purely Personal: Bert Silen, manager of KZRH and KZRC, Manila, P. I., hail been named Philippine correspondent for NBC. . . . Francia White, soprano on the "Telephone Hour" has had her contract renewed for a second year. . . . Walter Compton, conductor of "Double or Nothing" is the father of a son, John William. • • • Waite Hoyt, former big league pitcher, will return to WOR this season. Hoyt speaks from the time the Brooklyn Dodgers play-by-play broadcast ends until the beginning of the next quarter hour. The time therefore varies from two minutes one day to 14 the next, on occasion. • • • Program News: Seeman Bros, has signed for five weeks of temperature reports, 21 times weekly, over WQRX. . . . Johannes Steel, commentator, will get a third spot on WOR beginning April 12 when Blackstone Products will sponsor him in a Saturday period 10-10:15 P.M. Film Players on the Air: Wallace Beery, Mickey Rooney, Noah Beery and Fay Wray will be heard on "Lux Radio Thea.tr e" over CBS Monday. . . . Joe E. Brown will be guest of Rudy Vallee and John Barrymore on NBC-Red Thursday, April 3. . . . Orson Welles will be heard on "Silver Theatre" over CBS Sunday. . . . Jack Oakie will be Charlie McCarthy's guest on NBC-Red Sunday. . . . The "Screen Guild Theatre" over CBS Sunday will feature Rosalind Russell and Cary Grant in "His Girl Friday." F.C.C. Renews Most Domestic Air Licenses Washington, March 25. — The FCC today renewed the great ma- jority of domestic broadcasting li- censes, which are due to expire March 29, but granted only tem- porary authority to some 50 stations which failed to submit required per- formance data. The commission also announced a setup under which the licenses of sta- tions will be staggered, so that ex- pirations and renewals will be uni- form for all stations on a given fre- quency. The various frequencies were grouped and each group will have a different expiration date, rang- ing from next Aug. 1 to June 1, 1942. The purpose of the grouping and staggered license expiration dates is to restore the system which was in effect before the Havana Treaty com- plicated matters by requiring simul- taneous changes of frequency at 3 A.M. on March 29. In order to maintain complete con- trol and to compel uniform observ- ance of the moving date, the FCC when it renewed licenses stipulated that they should expire on March 29. Mayor Proclaims "Moving Day' Pittsburgh, March 25. — Mayor Cornelius D. Scully has issued an of- ficial proclamation calling attention to "Radio Moving Day." Five stations here will change frequency Saturday. Seeks Permission For Elmira Station Washington, March 25. — The Central New York Broadcasting Corp. has filed an application with the Federal Communications Commission for a construction permit for a new 1,230-kilocycle, 250-watt station at Elmira, N. Y., to be built in the event that Station WENY, now on that fre- quency, shifts to 590 kilocycles. Tidewater Broadcasting Corp. has filed a new application for a 1,490- kilocycle, 250-watt station at Norfolk, Va., and requests also have been re- ceived from Stations WBZA, Spring- field, Mass., for change of frequency from 990 to 940 kilocycles and in- crease of power from 1,000 to 5,000 watts, and KWOC, Poplar Bluff, Mo., for change of frequency from 1,310 to 1,290 kilocycles and increase of power from 250 to 1,000 watts. Greek Benefit in Helena Helena, Mont., March 25. — A midnight show will be held at the Marlow here on Saturday, for the benefit of the Greek War Relief. WHN to Broadcast Greek War Benefit Through the courtesy of I. J. Fox, WHN will carry the Greek War Relief show from Radio City Music Hall Fri- day night. The program will be heard on the air from 1 to 3 A.M. Composer May Sell Copyright Renewal A composer may sell the copyright renewal rights to his musical com- position prior to the expiration of its 27-year period, Federal Judge Ed- ward A. Conger ruled yesterday in issuing a temporary injunction against Fred Fisher Music Co. and George Graff, restraining them from selling copies of "When Irish Eyes Are Smiling." The suit was brought by M. Wit- mark & Sons, on the ground that Graff had assigned the renewal rights to it in 1917 and that the company al- ready had received an assignment from the widow of Chauncey Olcott, composer of the lyrics. Fisher Music Co. had received its rights from Graff in 1939 and con- tended that the Federal copyright laws prohibited Graff from making a valid assignment until the 28th year after the first issuance of a copyright. The court, in pointing out that the question had never been squarely de- cided previously, stated that Graff's assignment would not have been valid if he had died before expiration of the original copyright. In that event Judge Conger said the rights to re- new would have vested in Graff's widow or children. F M Broadcasters To Discuss Problems Broadcasters and others interested in FM will meet at the Hotel Roose- velt next Wednesday morning to dis- cuss problems which have developed under recent FCC orders. The meet- ing will be under the auspices of FM Broadcasters, Inc. Following the morning session, the annual meeting of the FM Broadcasters will be held at the same place. Child Player Bill in New York Amended Albany, March 25. — Assemblyman Harold Ehrlich will amend his child performance bill to take out the one- hour-per-week amateur program radio exemption now granted. The change will put radio on the same terms as theatres in the measure, giving educators the right to grant permission for radio appearances. Senator Perry's radio recording bill to curb unauthorized use of broad- casts without permission of artists, was recommitted by the sponsor with the enacting clause taken out. How- ever, a new recording bill is due this week. The Burrows anti-discrimina- tion bill has been delayed again for one day. It is expected to be voted on tomorrow. Fight Reports Office As Censor Source Washington, March 25. — Republi- can members of the House today op- posed the proposed $1,500,000 appro- priation for support of the Office of Government Reports, charging it was a perfect setup for propaganda and censorship. The office issues many in- dustrial reports, including those on the film business. They charged that the office can be used to ordain what may be pub- lished regarding Government affairs and, in part, the international situa- tion, and contended that it supplies members of Congress and Administra- tion officials with material for vari- ous campaigns designed to mold pub- lic opinion. Canadian Circuit Net Off Toronto, March 25. — Hamilton United Theatres, Ltd., has reported 1940 operating profit of $78,435, com- pared with $73,921 in 1939, but net profit declined to $35,637 from $48,- 196. Theatre Changes Baltimore Staff Changes Baltimore, March 25. — Baltimore theatre staff changes include the fol- lowing : Walter Cohen, former man- ager of the Leader, transferred to the Rialto ; Thomas Luby, former assist- ant at the Broadway, now manager of the Leader ; Irving Martin, f 2~'ner publicist at the Stanley, named I /.-t- ant manager, replacing Norris -nel- son, resigned; Wilbert Brizendine, former Rialto manager, now manager of the Linden. Manages Canadian House Toronto, March 25. — Eugene Le- Blanc has been named manager of the Cartier Theatre, Timmins, Ont, which has been acquired by Hanson Theatres Corp., Toronto, from Rous- son-Trudeau Cinemas, Ltd. The Car- tier is under the supervision of Frank Colameco, who supervises the Palace, Goldfields and New Empire at Tim- mins. Friedman Plans Two Toronto, March 25. — Harry Fried- man, owner of the Rialto, Edmonton, Alberta, plans two theatres in Edmon- ton. Eight theatres are in operation at Edmonton, five of them operated by Famous Players Canadian Corp. Open Pittsburgh Theatre Pittsburgh, March 25. — Operated by Warner in partnership with inde- pendent exhibitors Morris Finkel and Alex Moore as the Hilltop Amuse- ment Co., the Shadyside Theatre has opened, with Jack Blatnick as man- ager. . To Take Drive-In Theatre Columbus, Ohio, March 25. — Ar- ticles of incorporation have been filed for the Riverside Auto Drive-In The- atre, Inc., which will take over op- eration of the drive-in theatre at sub- urban Dublin, opened early last year. Incorporators are Frank Yassenoff, H. W. Beck, James F. Hardgrove and Joseph L. Eisenberg. Goldberg Plans New House Omaha, March 25.— Ralph D. Goldberg plans a new theatre here. It will seat 950 and will be the central unit for an amusement center, he said. Work will start early next fall. Takes Missouri House Kansas City, Mo., March 25. — A J. Simmons will take over the Plaza at Lamarr, Mo., from George Hart- man, effective next month. Opens New Iowa House Newton, la., March 25.— Robert M. Johnson, operator of the Iowa Theatre, has opened a new 300-seat house here, named the State. Williams Rites Today Funeral services will be held today at the Cooke Funeral Home, the Bronx, for John D. Williams, former stage director and producer, who died of a heart attack Saturday night at the home of his sister, Miss Hattie Williams. An only brother also sur- vives. Williams was associated with Charles Frohman and A. L. Erlanger in stage production. MOTION PICTURE DAILY First In FWm^am (Radio )Ki Accural 1 and Impartial 49. NO. 60 NEW YORK, U.S.A., THURSDAY, MARCH 27, 1941 TEN CENTS 20th-Fox Sets 1941-'42 Total Of About 50 Sales Plans Await Kent Return, Says Wobber Twentieth Century-Fox plans a production schedule of about 50 fea- tures for the 1941 -'42 season, Herman Wobber, general sales manager, stated yesterday following his re- turn from a Coast trip with stop- overs at a num- ber of key cities. Plans for the new production schedule and for the new season's selling will be completed on the return to the home office of Sidney R. Kent, president, in about a week, Wobber said. Meanwhile, Wobber said, it has not been decided whether the company will hold a sales convention this year, or whether it will be necessary to put (Continued on page 5) Herman Wobber British Blame Gov't For Industry Crisis London, March 26. — Declaring that the present serious situation facing the British industry is entirely the fault of the British Government, as a result of its trade policies, the industry here declared that the Board of Trade suggestion that trade policies be re- vised would not change the situation. The Cinematograph Exhibitors As- sociation and the Kinematograph Renters Society held a joint discussion on the Government's recent sugges- tion for alteration in trade practices, to formulate a trade reply. The trade will advise the Board of Trade that the only solution to the present situa- tion is more British films. That, the board will be told, is only possible if the Government will free from war service the necessary tech- nical personnel, and provide adequate studio space and production facilities. The Government alone is able to provide the solution to the problem, in the view of the trade. Resentment was expressed at what was described as the Government's "passing the buck" to the trade. Sydney K. Lewis, president of the (Continued on page 5) Electricity Shortage Is Faced in Mexico Mexico City, March 26.— The shortage of electric cur- rent here which has prompt- ed the Government to take drastic measures for power conservation, has at last af- fected the theatres. The new Cine Estrella cannot be opened as the light and power company is unable to give it service. Brilliant Audience At 'Wings' Opening "/ Wanted Wings" is reviewed on Page 4. With floodlights lighting up Times Square, an Army band playing at Father Duffy's memorial and amid a military atmos- phere, Para- mount's "I Want- ed Wings," was given its Broad- way premiere j last night at the A s t o r Theatre i before one of the j most brilliant audiences of the season comprising important U. S. Army and Navy officials, dignitar- ies from Wash- ington, society and industry person- alities. The pic- ture starts on its regular two-a-day (Continued on page 4) Barney Balaban First Arbitration Hearings in N.Y. Set for April 3, 8 The first hearings of New York arbitration complaints will be held at the American Arbitration Association headquarters here on April 3 and April 8. The first local case will be that of the Esquire Theatre, Great Neck, L. I., involving a clearance complaint against all five consenting companies. On April 8 a hearing will be held on the clearance complaint of the Hilary Theatre Corp., Brooklyn, against all five consenting companies. The sixth arbitration demand in the New York area was filed with the local board here yesterday by Joseph Siccardi, operator of the Liberty. Plainfield, N. J., against Warners. 20th Century-Fox, RKO and Para- mount on clearance. The complaint names Walter Reade's Paramount. Strand and Oxford at Plainfield, and asks that their 30-day clearance over the Liberty be reduced to seven days (Continued on page 5) Secretary Perkins At Coast Hearing Los Angeles, March 26. — Secre- tary of Labor Frances Perkins today visited the hearing on motion picture classifications under the Wage-Hour Act and congratulated both union and producer representatives on the prog- ress made. In California on an inspection of other industries, Secretary Perkins was introduced by Examiner Merle Vincent. The entire hearing today was devoted to IATSE protests on (Continued on page 5) Hersholt Attacks Parsons Show as Relief Fund Blow Hollywood, March 26. — The Mo- tion Picture Relief Fund today un- leashed an attack on Louella O. Par- sons, the columnist, for her radio pro- gram on behalf of Lifebuoy Soap which starts Friday on CBS. Jean Hersholt, Fund president, declared that the Fund is in danger of losing the $10,000 weekly income which it derives from the "Screen Guild The- atre" program over the same network on behalf of Gulf Oil. Miss Parsons' show will contain a dramatization of a film about to be released, with the picture's stars play- ing their roles on the air, and the talent offering its services free or at the minimum rates of the American Federation of Radio Artists. In a letter to Edward Arnold, presi- dent of Screen Actors Guild, a copy of which was sent to Y. Frank Free- man, president of the Association of Motion Picture Producers, Hersholt declared that "we believe that every actor who consents to appear on any free talent show, that every producer who consents to having contract ac- tors appear on such shows is crippling the M.P.R.F. Does SAG intend to enforce its rule against free talent shows ?" Hersholt continued : "A show of the (Continued on page 5) Para, to Offer 38 to 40 Films Next Season Also 85 One-Reel Films In Shorts Lineup Frank Freeman By SHERWIN A. KANE Paramount will produce 38 to 40 features next season, or approximately the same number scheduled for pro- duction this sea- son, Y. Frank Freeman, vice- p r e s i d e nt and studio head, said yesterday. Neil Agnew, vice-president and chief of sales, disclosed yester- day that Para- mount has sched- uled a new season short subjects lineup of 85 sin- gle reel films, a two-reel c o lo r cartoon and 104 issues of the newsreel. Six Harry Sherman productions will supplement the feature schedule again next year. Freeman said the studio would endeavor to com- plete 15 new sea- son productions between now and Sept. 15, with the first block of five features to be ready by July 15 and the second and third blocks on Aug. 15 and Sept. 15, respect- ively. Three pro- ductions for the . first block of five _ Nel1 Agnew _ are nearing completion now, he said. This production pace would be slowed down somewhat after Sept. 15, with subsequent blocks being offered six weeks instead of one month apart. Freeman said that the studio organi- (Continued on page 4) Suit Developments Developments in the Gov- ernment's anti-trust suits against the Schine Circuit and the Little Three at Buffalo and against Crescent Amuse- ment Co. and the Little Three at Nashville, on Page 5. 2 Motion Picture Daily Thursday, March 27, 194 Coast Flashes Hollywood, March 26 J ROBERT RUBIN, vice-president • and general counsel of Loew's, Inc., today started a week of confer- ences with Louis B. Mayer, production chief, and E. J. Mannix on the Spring production program. • Sam Wood has formed his own pro- duction company and today signed a deal with George J. Schaefer, president of RKO, to release through that com- pany one or more films a year for the next three years. This will not, how- ever, prevent Wood from working for other studios. • Orson Welles arrived today from New York. He is expected to confer with George J. Schaefer, RKO head, on the fate of "Citizen Kane" as well as that of a Mexican picture planned by Welles. • Clark Gable and Lana Turner were set today by M-G-M to co-star in "Honky Tonk," story of the Yukon, which Pandro S. Berman will produce and Jack Conway direct. • T. Keith Glennan, Paramount studio manager for the last two years, re- signed today. He was with the studio six years. • Mr. and Mrs. Darryl F. Zanuck left tonight to spend a week at Sun Valley. • George Batcheller and Sig Neufeld, Producers Releasing Corp. executives, return tomorrow from the company's Chicago sales convention. Beattie Is Honored At Scranton Dinner Scranton, Pa, March 26. — More than 200 exhibitors, salesmen and ex- change officials honored George Beat- tie, new Paramount Philadelphia sales manager, at a testimonial dinner at the Hotel Jermyn here last night. Beattie was presented a desk set in honor of his promotion. The affair was spon- sored by the Motion Picture Asso- ciates of Philadelphia. John Nolan, Comerford film buyer, was chairman of the affair and J. J. O'Leary, Comerford general manager, honorary chairman. Toastmaster was Jay Emanuel of Philadelphia. Michael Eagen, district attorney of Lacka- wanna County, was principal speaker. Other speakers included Mayor Fred J. Huester of Scranton ; Con McCole, Wilkes-Barre, Pa., humorist ; William Karrer, president of the M.P.A. of Philadelphia and Paul Baron, Boston branch manager of Universal. Eagen's speech was broadcast over Station WGBI. Marshall Joins RCAF Ottawa, March 26. — Robert Mar- shall, Hollywood player, has arrived here to enlist in the Royal Canadian Air Force. He is 29 years old. EXECUTIVE SECRETARY Ten years with famous producer. Capable relieving busy executive of details. Box 200, Motion Picture Daily Personal Mention DR. A. H. GIANNINI left the Coast last night for New York and is due here Saturday. • T. J. Connors, Eastern, Southern and Canadian sales manager for M-G-M, has returned from a busi- ness trip to Florida. • Hadley Hull, Universal branch manager in Indianapolis, is back from Florida. Stanley Hand, Altec staff repre- sentative, has returned from a trip. • James Gavin of the Comerford Theatres home office in Scranton has been drafted. Florence Wigton, operator of the Wigton, Lagrange, Ind., is recovering from an operation. • Lou Levy left yesterday for Holly- wood. • Paul Benjamin, James Smith, Douglas Rothacker, Lou Pollock, Dwight Wiman, William Fitelson and Jack Mills having lunch at the Tavern yesterday. EDWARD M. SAUNDERS, M-G G-M Western division manager, is confined to his home by illness. • W. F. Rodgers, M-G-M general sales manager, returned to New York yesterday from a Southern vacation. Eddie Aaron, assistant to Rodgers, left yesterday for a vacation. • Max A. Cohen, Walter Gould and Al Margolies at Lindy's (next to the Rivoli) yesterday for lunch. • Sam Rinzler, Harry Gold, Ar- thur Hopkins, William Collier, Jr., Tom Connors and Owen Davis lunching at Nick's Hunting Room in the Astor yesterday. • Pietor A. Maguzzo, operator of a circuit in eastern Pennsylvania, and Laura Mae Shultz were married re- cently in Miami. • Bernard Brandt, Hal Horne, Portland Hoffa, Martin Moskow- itz and Kenny Baker having lunch yesterday at Lindy's (51st St.). • Louis Cimino of the Rialto, Scran- ton, Pa., is the father of a son. Times Square Show To Aid Greek Drive Under the sponsorship of the Amusement Industry Division of the Greek War Relief, Harry Brandt, ITOA president and co-chairman of the drive, will stage an open-air show in Times Square at 1 P. M., today, tomorrow and Saturday. A stage will be erected at 46th Street, on which stage, screen and radio players will appear. Girls will solicit contributions. Susan Hayward has been added to the large group of stars who will appear at the Greek Festival for Freedom to be held at the Radio City Music Hall tomorrow at midnight. Blumberg, Seidelman Off to Panama Today Nate J. Blumberg, Universal presi- dent, and J. H. Seidelman, vice-presi- dent and foreign manager, will sail for Panama on the Cristobal today to at- tend the meeting there of the com- pany's Latin American sales repre- sentatives, April 2 to 6. C. C. Margon, Latin American su- pervisor for Universal, and Fortunat Baronat, foreign publicity manager, will leave for Panama by plane later to attend the meeting. Exclude 16 mm. Film In Conn. Measure Hartford, Conn,, March 26. — The Judiciary Committee of the Connecti- cut House has favorably reported an amendment to the General Statutes regarding operation of projection ma- chines, which would exclude from cer- tain restrictions machines using only cellulose acetate film not more than 16mm. wide, except when used in places of entertainment where an admission is charged regularly. Only 2 Theatre Bills In R. I. Legislature Providence. March 26. — No further legislation affecting show business is anticipated here this year, the Gen- eral Assembly having passed the last day on which new measures may be introduced. In committee files await- ing action are two bills bearing on theatres. In the Senate is a bill introduced by Benjamin Cianciarulo permitting local licensing authorities to authorize pre- sentation of legitimate stage shows on Sunday. The House has before it an amendment to the State fire laws to require all "institutional buildings," public or private, designed for the use of 25 or more persons to be connected with the fire alarm system of the respective community. U.A. May Release English Film Here London, Eng., March 26. — "Sailors Three," produced by Ealing Studios, Ltd., and distributed in this country by Associated British Film Distributors, Ltd., may be distributed in the United States by United Artists as a feature on that company's 1941-'42 program, it was learned here today. The feature, which stars Tommy Trinder and Claude Hulbert, was re- viewed from here by Motion Picture Herald on Oct. 26, 1940. Mullin Is Elected by Boston Variety Club Boston, March 26.— M. J. Mullin, head of M & P Theatres, has been elected chief barker of the recently formed local Variety Club. Other of- ficers are: Albert M. Kane, assistant chief barker ; Ted Fleicher, second as- sistant chief barker ; Harold E. Stone- ham, dough guy, and William H. Erbb, property master. 'Kipps' Is Called Brilliant Picture London, Eng., March 26.— "Kipps," 20th Century-Fox film produced here, previewed today, is an eminently suc- cessful, brilliantly directed period piece which should en- joy box-office success on both sides of the Atlantic. A notable characterization by Michael Redgrave and the work of a fine supporting cast highlight the film, whj#*% is faithfully set in the atmf :;^e' phere of Edwardian Eng- land. The absence of any sordidness and war material and the graphic British fla- vor are notable. Flanagan Durland PC A Aide On Latin America Addison Durland, chief of the Span- ish section of the NBC short wave division, has been named a member of the M.P.P.D.A. Production Code Ad- ministration staff in Hollywood as ad- visor on Latin-American affairs, it was announced yesterday. Durland will report April 14. Will H. Hays, M.P.P.D.A. presi- dent, said the appointment "is another step in the motion picture industry's cooperation in the current efforts to promote hemispheric solidarity." Dur- land, who is 38, has had experience in both newspaper and radio fields. He was formerly director of the New York office of the Cuban Tourist Com- mission, associate editor of the Latin- American Wireless Service for the New York Herald Tribune and was editor of a literary magazine in Cuba before joining NBC in 1937. GN 16mm. Shorts to Be Sold on May 5 Sale of all 16mm. and sub-stand- ard non-theatrical rights on all shorts in the possession of Grand National Pictures, Inc., and Educational Films Corp. of America yesterday was or- dered for May 5 by Referee Peter B. Olney, Jr. The sale of the films is part of a proceeding to liquidate the com- panies' assets as ordered in bankruptcy proceedings in U. S. District Court. MOTION PICTURE DAILY (Registered U. S. Patent Office) Published daily except Saturday, Sunday and holidays by Quigley Publishing Company, Inc., 1270 Sixth Avenue, Rockefeller Center, New York City. Telephone Circle 7-3100. Cable address, "Quigpubco, New York." Mar- tin Quigley, Editor-in-Chief and Publisher; Colvin Brown, Vice-President and General Manager; Watterson R. Rothacker, Vice- President; Sara Shain, Editor; Alfred L. Finestone, Managing Editor; James A. Cron, Advertising Manager; Chicago Bureau. 624 South Michigan Avenue, C. B. O'Neill. Manager; Hollywood Bureau, Postal Union Life Building, William R. Weaver, Editor; Leon Friedman, Manager; London Bureau. 4 Golden Square, London Wl; Hope Wil- liams, Manager, cable address "Quigpubco. London." All contents copyrighted 1941 bv Quigley Publishing Company. Inc. Other Quigley publications: Motion Picture Herald, Better Theatres, International Motion Pic- ture Almanac and Fame. Entered as second class matter, Sept. 23, 1938, at the post office at New York, N. Y., under the act of March 3, 1879. _ Subscription rates per year $6 in the Americas and $12 foreign. Single copies 10c. OR BETTE DAVIS and GEO. BRENT MARY ASTOR LUCILE WATSON • HATTIE McDANIEL Screen Play by Lenore Coffee • From a Novel by Polan Banks Music by Max Sreiner EDMUND GOU/.D/NG is Director ROM 4 Motion Picture Daily Thursday, March 27, 1941 Para, to Offer 38 to 40 Films Next Season Feature Review "I Wanted Wings" {Paramount) TN "I Wanted Wings" Paramount offers a showmanship natural of the *■ highest order, so keenly attuned in theme to the public pulse of the moment as to give it exploitation potentialities of unlimited scope, and providing at the same time entertainment value of smash proportions. Both these vital factors should result in top returns at the box office, in any theatre in the country. Woven about the training of fliers for the U. S. Army Air Corps, and carrying that stamp of authenticity made possible by actual produc- tion at Randolph, Kelly and March Fields, and the active cooperation of the U. S. Army Air Crops, the picture reaches its greatest heights of audience interest and compelling action in the scenes in the air. They are handled with photographic skill and technical perfection, providing the film with a tremendous audience pulling power. If the leading players are not now top ranking stars for marquee purposes, they will be when this film is generally released. The work of Ray Milland, William Holden and Wayne Morris, the three flying cadets who represent a cross-section of cadet manpower in their back- grounds; Brian Donlevy, their instructor; Constance Moore, the romantic lead, and Veronica Lake, who supplies the vampire motivation for the tense dramatic complications, is of the finest. Directed by Mitchell Leisen, with Arthur Hornblow, Jr., as producer, from the book "I Wanted Wings," by Beirne Lay, Jr., the film's unrelent- ing pace and crackling air episodes, despite unusual length, are a tribute to a fine job of direction and a strong script. Milland, Holden and Morris, respectively, are the son of wealth, the mechanic with an urge to fly and the not too bright football star who is a natural flier. Miss Moore, photographer on assignment at Randolph Field, carries the romance with Milland, and Miss Lake, former fiancee of Holden, and after Milland's money, serves to mar Milland's romance, and provide dramatic interludes of high value to the effectiveness of the story. The story opens with dynamic impact, as Los Angeles is blacked out and in night maneuvers, a huge flight of flying fortresses approaches the city for an "attack," and is met by humming pursuit squadrons. A report comes in of a returning bomber crashed, and as a court martial opens to set the responsibility, the story is told in flashback, returning later to the exoneration of Milland and the completion of his romance, following the death in the bomber crash of Miss Lake, a fugitive and stowaway. Highlights in the air are the "attack" on Los Angeles ; the training and instruction of the cadets at Randolph and Kelly Fields ; the "hedge- hopping" stunts of the three fliers which result in the death of Morris in a crash and the consequent elimination of Holden, in charge of the flight; the landing of a plane by Holden, with a dead motor, in a small field, a training crash on the field, with fire and a rescue, and the thril- ling crash of the gigantic bomber, preceded by a breath-taking air rescue by parachute of Donlevy, dangling from the plane, by Holden. Running time, 134 minutes. "G." * Charles S. Aaronson (Continued from page 1) zation is in shape now for its opera- tions under the industry consent de- cree, and that no further changes of importance are in view. He described the financial problem involved in the tieing up of large investments in pro- duction inventories of unreleased pic- tures between now and September, as the most vital one remaining in the change-over to decree operations, but gave no indication that Paramount is not prepared to meet it. The Paramount studio head will leave today for Hot Springs, Va., to attend the meeting there of the com- pany's theatre associates. He will be accompanied by Barney Balaban, Paramount president, and Stanton Griffis, chairman of the executive committee. He will return to New York on Monday and plans to leave for the Coast that night. Griffis may accompany him to the studio. Three New Series In Shorts Lineup The short subjects lineup, which will be sold under the supervision of Oscar A. Morgan, head of the de- partment, includes three new series consisting of 12 "Superman" cartoons in color, six "Quiz Kids" films and six releases of "Hedda Hopper's Hol- lywood." The "Superman" cartoons will be made by the Max Fleischer studio in Miami along with 12 "Pop- eye" cartoons and the two-reel color cartoon. In addition, there will be six "Mad- cap Models" Puppetoons in color from George Pal ; four Robert Benchley comedies ; six issues each of "Popu- lar Science" and "Unusual Occupa- tions" in color, from Jerry Fairbanks and Bob Carlisle ; six "Speaking of Animals" novelties, largely by the same pair ; six Paramount "Head- liners" ; six Grantland Rice "Sport- lights," and two "Fascinating Jour- neys" in color, produced by Count and Countess von Keller. The short subject and newsreel de- partment will be host to the 11 Para- mount district managers at a luncheon at the Waldorf-Astoria here today. The managers are : W. H. Erbb, Bos- ton ; M. S. Kusell, New York ; H. H. * "G" denotes general classification. Goldstein, Cleveland; E. S. Sweigert, Philadelphia ; Allan Usher, Chicago ; R. C. LiBeau, Kansas City ; M. A. Brown, Denver ; H. W. Braly, Los Angeles ; H. Owen, Dallas ; J. F. Kirby, Atlanta, and Del Goodman, Toronto. Officials to Attend Home office officials who will at- tend include Adolph Zukor, Neil Ag- new, Oscar Morgan, Robert Gillham, C. M. Reagan, G. A. Smith, C. J. Scollard, G. B. J. Frawley, F. A. Leroy, H. J. Lorber, A. J. Dunne, J. Phillipson, Monroe Goodman, Hil- ler Innes, Richard Murray, Leslie Roush and Manny Reiner. Also, A. J. Richard, Bill Park and Merle Johnson of Paramount News ; Jack Eaton, Grantland Rice, Ted Husing, Harry Donenfeld, Robert Maxwell, J. S. Liebowitz, Whit Ells- worth, Allen Ducovony, Sterling Pile and Robert Benchley. N. Y. Discrimination Measure Amended Albany, March 26. — Assemblyman Burrows today amended his anti-dis- crimination bill when the measure came up for a vote in the New York State Assembly. The bill will receive final vote next Monday night. The amendment makes the measure more acceptable to exhibitors, since it limits chances of discrimination charges by the inclusion of the phrase, "on account of race, color or creed." Thus charges of discrimination by un- desirables such as those whose conduct constitutes a breach of the peace are eliminated. Cummings Returns West Helena, Mont., March 26. — Hugh Cummings, formerly of Butte, Mont., and now a dialogue director for War- ners, and his wife, Mona Ray, have returned to the Coast after a visit to his home state. Brilliant Audience Greets 'Wings' at Broadway Opening (Continued from page 1) reserved seat engagement today. Representing Paramount there were Barney Balaban, president ; Stan- ton Griffis, chairman of executive committee ; Adolph Zukor, Neil Ag- new, Y. Frank Freeman, A^r-'.jn Keough, C. J. Scollard, Robert'- ham, Oscar Morgan, Charles Reagan, J. J. Unger, Sam Dembow, Jr., Louis Phillips, Fred Mohardt, Robert Weit- man and others. It was a gaia evening. After the showing of the film, Stanton Griffis entertained more than 100 of the im- portant guests at a reception at his home. Among the guests, besides Mr. and Mrs. Barney Balaban and Mr. and Mrs. Martin Quigley were : List of Guests Adolph Zukor, Austin Keough, R. J. O'Donnell, Grace Moore, Mr. and Mrs. S. A. Lynch, Mr. and Mrs. George Shaw, Madeleine Carroll, Wil- liam Greve, Mr. and Mrs. Y. Frank Freeman, Mr. and Mrs. Neil Agnew, Col. and Mrs. W. E. Kepner, Lieut. Col. and Mrs. Cadmus J. Baker. Mary Martin, Richard Halliday, Lieut. Col. and Mrs. E. M. Morris, Ilka Chase, William Murray, Mar- garet Case, Douglas Parmentier, Col. E. F. Koenig. J. Cheever Cowdin, Margalo Gil- more, Robert Ross, Mr. and Mrs Richard T. Schlossberg, Major F. H. Smith, Major Donald Hudson, Conde Nast. Major F. H. Griswold, Mr. and Mrs. Roy Howard, Deems Taylor, Col. and Mrs. Robert C. Candee, Brigadier General and Mrs. John Mc- Donnell, Major General James E. Chaney, Winston Thomas, Col. Doug- las Johnston, Col. L. B. Magruder, Major and Mrs. Ray Perkins, Col. and Mrs. Frank R. Schell, Major and Mrs. Payne Williams, Earl I. McClin- tock. Others Present Col. John Reed Kilpatrick, Bernard Gimbel, Mrs. William Rhinelander Stewart, Mr. and Mrs. Maurice New- ton, Lieut. Col. Charles L. Maxwell, Don Mersereau, Valentina and George Schlee, Cecelia Ager, Mr. and Mrs. S. B. Valentine, Mr. and Mrs. Pierpont Hamilton, Tom M. Girdler, Mr. and Mrs. John Latouche, Irene Denham, Mr. and Mrs. Sidney Weinberg, Eileen Creelman, Mr. and Mrs. Harold Tal- bot, Sam Shain. Mr. and Mrs. Morton Schwartz, Frank Farrell, Quentin Reynolds, Merrill Meigs, Lynn Farnol, Mrs. Julia Crosby Hornblow, the Duchess of Leinster, Joe Cloman, Mrs. Jane Leslie, Mr. and Mrs. Robert Weit- man, Air. and Mrs. Paul Raibourn, Al Wilkie, Robert Gillham, Mrs. Dee Bredin, Beth Leary, Hiller Innes, Henry Salsbury. The Governors of New York, New Jersey, Connecticut, Massachusetts, Rhode Island and Pennsylvania have been invited to attend the special screening of "I Wanted Wings" at the Astor on Saturday at 5 P. M. The invitations were flown by members of the Aircraft Owners and Pilots Asso- ciation, which is sponsoring the show- ing. Decree Among Topics At Para. Meet in Va. The consent decree and op- erations under it, the func- tioning of the industry arbi- tration system and problems concerning clearance in vari- ous territories are among the subjects to be discussed by Paramount home office and theatre executives from all parts of the country at their three-day meeting which opens today at Hot Springs, Va. Current and new season's product and general operat- ing plans and ideas also are scheduled for discussion. Thursday, March 27, 1941 Motion Picture Daily s First Arbitration Hearings in N.Y. Set for April 3, 8 U.S. Pressing Schine Case; Delay is Seen for Crescent (Continued from page 1) on double features and to 14 days on single features. Warren Leslie, Jr., attorney, was named arbitrator yesterday for another clearance complaint which names the tbi^Reade houses at Plainfield. The c aint was brought by the Forum Tneatre, Metuchen, N. J., and names Loew's, Paramount, Warners and 20th Century-Fox. A hearing date has not been set.' Companies' Counsel To Detroit Hearing Detroit, March 26. — Major com- panies will be represented by home office counsel at the first arbitration hearing of the local board here on Saturday. The case involves a clear- ance complaint by the Midtown The- atre against Paramount, RKO, 20th Century-Fox and Warners. L. J. Carey, general counsel for Michigan Mutual Liability Co., is ar- bitrator. Irving Cohen of Paramount, William Zimmerman of RKO and Felix Jenkins of 20th Century-Fox, are expected for the hearing. Jerome G. Thomas, Wayne Univer- sity professor, is arbitrator for the other case on file here, that of the Booth Theatre against the same four companies. A hearing date has not been set. Realty Values Figure In Walbrook Hearing Washington, March 26. — The Wal- brook Theatre in Baltimore has the lowest realty value of four film houses involved in its arbitration complaint, it was testified today before E. Bar- rett Prettyman, arbitrator. William E. Ferguson, Baltimore real estate operator, made the state- ment, based on a survey conducted by him for the Durkee circuit, opera- tor of the Gwynn, Ambassador and Forrest theatres. Eugene B. Mc- Curdy, operator of the Columbia and Eureka Theatres, was put on the stand to testify as to the physical merits of the four houses concerned in the com- plaint but was excused when it devel- oped that he had never been ' inside three of them. The hearing, which opened yester- day, will be resumed tomorrow. 20th-Fox Planning Total of About 50 (Continued from page 1) additional men on the sales force_ to meet the new selling conditions im- posed by the consent decree. The 20th Century-Fox studio is concentrating on completing the cur- rent season's program and it may be another month before the company will know definitely when its first block of five for the new season will be ready for trade showing, Wobber said. He reported the studio is highly enthused over "The Great American Broadcast" and "Blood and Sand," which are shaping up as the com- pany's top attractions of the year, he said. Wobber reported a definite business upturn underway in many sections of the country. The Department of Justice obtained authorization in U. S. District court here yesterday to take the depositions of attorneys for the Big Five in the continuing prosecution of the Federal anti-trust suit against the Schine Cir- cuit and Columbia, Universal and United Artists. The suit is pending in Federal court at Buffalo. Assistant U. S. Attorneys General Herbert Borkland and Seymour Si- mon will take the depositions of the following on April 7 at the U. S. Court House here : Edward K. Hess- berg, Warners ; Felix Jenkins, 20th Century-Fox; Austin Keough, Para- mount; William Mallard, RKO, and Leopold Friedman, Loew's. The five companies which they represent were dismissed as defendants in the Schine suit recently. Frederick W. Wood of Cravath, de Gersdorff, Swaine & Wood, is special counsel for the Schine Circuit in the Government anti-trust suit at Buffalo. Retention of Wood in addition to Willard S. McKay, Schine counsel, is interpreted in industry legal quarters as an indication that the expected agreement on a consent decree be- tween the circuit and the Government may not materialize. The decree negotiations have been under way for many months. British Blame Gov't For Industry Crisis (Continued from page 1) CEA, declared he is certain American companies are anxious to use money frozen here to produce British films, which is now impracticable. He ex- pressed the belief that only 50 per cent of the British films shown in the last three years are of "first feature" quality. Leading circuit heads and the KRS have expressed agreement with Lewis' views. Meanwhile, the CEA has deferred action on the refusal of exhibitors to book a Ministry of Information propa- ganda subject which duplicated^ news- reels, pending a reply by the Ministry. Hearst Sues Friday, Inc. William Randolph Hearst and In- ternational News Service have pend- ing a $500,000 libel suit against Fri- day, Inc., publishers of Unbelievable. Officials of Friday, Inc., assert that the action has no reference to the RKO film, "Citizen Kane," which has been reviewed in Friday Magazine, as recently mentioned in Motion Picture Daily. The suit concerns a reference linking Hearst and Minister of Propa- ganda Goebbels in the current issue of Unbelievable. To Operate 24 Hours Philadelphia, March 26. — The News Theatre, William Goldman house, will be the second downtown theatre to go on a 24-hour continu- ous policy. The Family, a Warner house, went on an all-night policy six years ago. The News features an hourly program of newsreel subjects and feature picture revivals. Nashville, March 26. — The Gov- ernment's anti-trust suit against Cres- cent Amusement Co. and the Little Three, currently on the Federal court calendar here for July 7, should take only two or three weeks to try ; ac- cording to Assistant U. S. District Attorney Owen W. Hughes. He said that the defendants still have about 30 days in which to answer the remainder of the Government's interrogatories. Hughes and Allen A. Dobey, Assistant U. S. Attorney Gen- eral, are slated to represent the Gov- ernment at the trial. New York attorneys for the Little Three yesterday were inclined to min- imize the possibility of the Govern- ment anti-trust suit against Crescent Amusement Co. going to trial in Fed- eral court at Nashville on July 7. Pointing out that the case merely had been set down on the court cal- endar for that date when the civil docket was called in Nashville Federal court on March 11, the attorneys pointed out that it is not a "day cer- tain." Local attorneys are of the opinion that one of the other three pending anti-trust suits involving the Little Three will go to trial before the Nashville case. Will Quiz Executives In Phila. Trust Suit Philadelphia, March 26. — Pre- trial examinations of William F. Rodgers, M-G-M general sales mana- ger; T. J. Connors, M-G-M Eastern sales manager, and Abe Montague, Columbia general sales manager, will be taken in New York in connection with the $225,000 triple damage action of the Lansdowne Theatre against Warners and other major companies. The pre-trial examination of Jo- seph Bernhard, Warner theatre head, was begun in New York yesterday and is expected to continue for several days. Thereafter, an effort will be made to interrogate Harry M. War- ner, president of Warners, now on the Coast. The anti-trust suit is scheduled for trial in U. S. District court here on April 21. It is expected, however, that a later date will be requested of the court in the near future. Fight Iowa Move to Change Sales Levy Des Moines, March 26. — Leo F. Wolcott, president of the I.T.O. of Iowa and Nebraska, has contacted ex- hibitor members, urging them to pro- test a move in the Iowa Senate to change the sales tax so that the two per cent would be paid by prepaid coupons. At present it is collected quarterly as a straight two per cent of gross sales. The Iowa House has before it sev- eral bills designed to license pin ball machines and various types of coin film machines, and another calling for a special admission tax which would be in addition to the present state sales tax and Federal admission levy. Hersholt Aims Attack Against Parsons Show (Continued from page 1) type Miss Parsons has planned re- quires that actors waive their usual compensation and contribute their time and talent to advertise a com- mercial product. If, by employing a motion picture columnist, one commer- cial sponsor can obtain the radio ser- vices of screen actors at a relatively nominal expense, how long can we ex- pect another sponsor to pay $10,000 a week for actors' services?" Hersholt concluded with the assertion that "we believe these programs for commer- cial profit seriously endanger an im- portant source of M.P.R.F. charity financing." Unions Attempt To Enforce Ruling AFRA officials in New York said that efforts had been made both by SAG and AFRA to eliminate free performances by screen talent. Both unions have taken the position that the payment of AFRA minimums is not to be regarded as a "paid per- formance." It is a free performance, according to the unions, unless the actor is paid what he customarily gets for a commercial appearance. How- ever, AFRA is not in a position to enforce this ruling, it was stated, be- cause the film players are under con- tract to the studios and private con- tractual arrangements govern. Most such contracts provide for at least one free performance on the air to aid exploitation of a film, it was pointed out, and there is nothing the unions can do except try to eliminate this provision from contracts made in the future. Secretary Perkins At Coast Hearing (Continued from page 1) classifications and the rebuttal of pro- ducers, with a dispute over still, as- sistant and second cameramen hold- ing the floor. The union wants the workers included under the terms of the wage-hour law, while the pro- ducers seek their classification as pro- fessionals. NLRB Files Charges Against Walt Disney Hollywood, March 26. — Unfair labor practice charges were filed to- day before the NLRB against Walt Disney Productions by the Society of Motion Picture Film Editors. The union alleged the company refused to bargain with it, following the board's designation of the society as the bar- gaining agency for cartoon editors, assistants and librarians. Meanwhile, the Disney studio today announced that it would go on a five- day 40-hour week, and the plant would be closed completely on Saturdays, be- ginning this week. The studio said the decision is due to its findings as a result of a survey that two-thirds of its employes come under the wage- hour act, with one-third classed as professional. HI! CO .« g 2 § & © ^4 "53 CO o © i-S ' s CO •J s «^ a „ J e ^ S «^ 8^ « < £ CO J* IS a. 5 © g a** © ^) "a *a g g CO CO ■** S < S3 X o fa o o o O « PQ S3 Oh W S3 •J o WARNERS Shadows on the Stairs (D) F. Inescort P. Cavanagh Footsteps in the Dark (C) Errol Flynn B. Marshall Here Comes Happiness (D) MUdred Coles Edward Norris The Sea Wolf (D) Ed. G. Robinson Lupino- Garfield Knockout (D) Art Kennedy Olympe Bradna A Shot in the Dark (D) Wm. Lundigan Nan Wynn The Great Lie (D) Bette Davis George Brent Strange Alibi (D) Art. Kennedy Joan Perry The Wagons Roll at Night (D) H. Bogart Sylvia Sidney UNIVERSAL Dark Streets of Cairo (D) Ralph Byrd Sigrid Gwrie Mr. Dynamite (D) Lloyd Nolan Irene Hervey Double Date (D) Peggy Moran Rand Brooks Man Who Lost Himself (D) Bury Me Not On the Lone Prairie (D) Horror Island (D) Man-Made Monster (D) Lady from Cheyenne (O) Loretta Young Robert Preston Flame of New Orleans (D) Mutiny in the Arctic (D) Model Wife (D) Joan Blondell Dick Powell Black Cat (D) Basil Rathbone Hugh Herbert to a u .a , H -s: o Ql>0 a i =2 S> Q. a o H c s 3 CboO^ 43ta^j*> °co § s C /-«. w «> C "H "O 2 8 Sfa^ I' 1ft ~ in B CO 3 «-< h 4) H J5 M mO c ■ ■ c3 ^ 1* u ? Wf3 =s "a O | /-> o M a w a >. ° 5 a =2 ^ ~ <2 a u.Q-a'^ o e a >« a JO Si, c c IS 3 ca s ^ .SaQ-. -0 ^ g c '3 o-1 s ■fa So'^ 2 *o O as a -a o , a 3 •a o^ a 0.0 ^-v ^ o v C3 3 H o a c d 3«-CPh § H <3 S O . T3 Ph o ^ a cQ 5 J5 X ^ -3 2 D > | S oj oo ^ 2 WN o S a> a> 3 ^> S *» •sO^«) C3 S>0=q § ^ tq S*?s s co •3 5 co w 43 ^° i a I i a bo 9 ^ ^ 8 Got-' Ui- ^ i*. « g; § ofi s It JS* u °43 4) «B S 3^|| •BO ^ n-< j; a tow a 2,4 ■3 CO 3 Oa coo >» 8 8 v Ph * a a S v. s '61 0) bo Will Distribute Soskin Film Here London, March 27. — "Quiet Wed- ding," produced here for Paramount by Paul Soskin, head of Soskin Pro- ductions, Ltd., has been acquired for distribution in the United States by Universal, it was announced today. Paramount released the film in Eng- land on Jan. 29. The picture was re- viewed in Motion Picture Daily from London on Feb. 11. It stars Margaret Lockwood. Empire Films Opens Toronto Meet Today Toronto, March 27. — Officials of Empire Films, Ltd., will open a four- day meeting tomorrow at the Royal York Hotel here to discuss the 1941- '42 product announcements and sales plans of Universal and Republic, for whom the company distributes in the Dominion. James R. Grainger, Republic presi- dent, arrives from New York tomor- row to attend the Republic sessions, which will continue through Saturday. The Universal meeting will take place Monday and Tuesday with J. Cheever Cowdin, chairman of the board; W. A. Scully, vice-president and general sales manager, and F. J. A. Mc- Carthy. Eastern sales manager, com- ing from New York for those sessions. Interstate' s Golf Tourney April 6-7 San Antonio, March 27. — The an- nual Interstate golf tournament will be held April 6 and 7 at Bracken- ridge Park. Theatre men from Austin will participate in the competition this year. John T. Floore, manager of the Majestic and a director of the Boys Club, stated that the money raised will be used to permit 35 underprivi- leged boys to attend Summer camp. W anger to Denver For Club's Dinner Denver, March 27. — Walter Wang- er, Phil Regan, Alan Hale and Mar- jorie Weaver are scheduled to arrive here tomorrow to attend the Rocky Mountain Screen Club's 26th anniver- sary dinner. Regan will appear at the Orpheum Theatre and Hale at the Denver. 'Miss Jones' Opens In Miami on April 4 "The Dev.l and Miss Jones," RKO film, will have a three-theatre world premiere at the Paramount, Beach and Sheridan Theatres in Miami on April 4. The film stars Jean Arthur. Report RKO Story Buy Harry Sobol and Ted Hartman, representatives of Luther Davis and John Cleveland, report that the lat- ter's Collier's Magazine article, "The Mayor of Forty-fourth Street," has been bought for production by RKO for $20,000. Newsreel Parade 'T1 HE labor crisis seriously affeci- ■*- ing the defense industries as strikes spread and the new National Defense Mediation Board meets in Washington, is covered fully in the new issues. Also given wide attention is the hearty wel- come to Wendell Willkie in Canada and various aspects of defense htU "s- aration. The contents: MOVIETONE NEWS, No. 58— Strikes in' defense industries in Pennsyvania and Chi- cago, as Mediation Board meets in Wash- ing-ton. Wendell Willkie welcomed in Can- ada. Marines train at Quantico, Va. Hud- son bombers turned out on Coast. Bathing suit styles feature feathers. Long- Island 1 University wins basketball championship. Jallopies on parade in San Antonio. NEWS OF THE DAY, No. 256— Defense faces crisis brought about by strikes. Me- diation Board meets in Washington. Marines in training at Quantico. Brazil expands its navy. Willkie welcomed in Canada. Halifax says Hitler will fail in invasion attempt. L.I.U. wins basketball tourna- ment. Florida youngsters engage in acro- batics. PARAMOUNT NEWS, No. SI— Women'., golf tournament for British relief in New Orleans. Seven-billion dollar lend-lease ap- propriation passed. Canada welcomes Wen- dell Willkie. Communist Browder begins prison term for passport fraud. Colorado legislature kills bill to force registration of firearms. Lord Halifax discusses Hit- ler's chances. Paramount News pictorially surveys the strike situation in defense in- dustries. RKO PATHE NEWS, No. 61— Dykstra outlines aims of new National Defense Mediation Board, while strikes beset de- fense industries. Toronto crowds hail Wen- dell Willkie. Halifax answers questions on Hitler's invasion chances. Troops in review at Schofield Barracks in Hawaii. Harvest of guayule shows California source of rubber. Draftees learn to handle pig- eons at Fort Monmouth, N. T. First of six new Clippers is ready in Seattle. L.I.U. beats Ohio University in national basket- ball tourney in New York. UNIVERSAL NEWSREEL, No. 966— De- fense industry pickets and police battle and National Mediation Board starts work. Na- tional defense: machine guns turned out in Flint: Marines trained at Quantico: pig- eons trained at Fort Monmouth. N. J.: rush clippers for Britain. Halifax says Hitler invasion attempt doomed to failure. Willkie welcomed in Canada. Spring stvles ^isplaved at Botanical Gardens, Brooklyn. No holds barred in Newark wrestling match. Lone Island University wins national col- legiate basketball tourney. SPG Sets Art Exhibit The Screen Publicists Guild will hold an art exhibition at the Barbi- zon-Plaza Gallerv from April 20 to 30. MOTION PICTURE DAILY (Registered U. S. Patent Office) Published daily except Saturday, Sunday and holidays by Quigley Publishing Company, Tnc, 1270 Sixth Avenue, Rockefeller Center, New York City. Telephone Circle 7-3100. Cable address, "Quigpubco, New York." Mar- tin Quigley, Editor-in-Chief and Publisher: Colvin Brown, Vice-President and General Manager; Watterson R. Rothacker, Vice- President; Sam Shain, Editor; Alfred L. Finestone, Managing Editor: James A- Cron, Advertising Manager; Chicago Bureau. 624 South Michigan Avenue, C. B. O'Neill. Manager; Hollywood Bureau. Postal Union Life Building, William R. Weaver, Editor; Leon Friedman, Manager; London Bureau. 4 Golden Square, London Wl; Hope Wil- liams, Manager, cable address "Quigpubco. London." All contents copyrighted 1941 bv Quigley Publishing Company, Inc. Other Quigley publications: Motion Picture Herald. Better Theatres, International Motion Pic- ture Almanac and Fame. Entered as second class matter, Sept. 23, 1938, at the post office at New York. N. Y., under the act of March 3, 1879. Subscription rates per year $6 in the Americas and $12 foreign. Single copies 10c. Louella Parsons says "The picture of the week, perhaps of the month or year. I don't see how it can miss being box-office!" John Chapman, New York Daily News columnist writes: Miss possible— in 'Gone calls it entertain- h i g h o f t h e casts: the whole Vivien finish!" "A magni- EVEN IF YOU DON'T READ REVIEW ADS, THIS WILL GIVE YOU A QUICK IDEA WHAT THEY'RE SAYING ABOUT "THAT HAMILTON WOMAN" Leigh has done the nearly im- she has topped her performance With The Wind'." Film Daily "Tops in all departments. Great ment for all audiences. Ranks among the outstanding pictures year." Hedda Hopper broad- " Alexander Korda has produced picture with a prodigal hand. Leigh is superb from start to Hollywood Reporter reports: ficent production. Vivien Leigh gives a glorious performance. Hers is a brilliant exhibition of acting." Daily Variety says: "A stirring drama." Sheila Graham, North American Newspaper Alliance writes: "Leigh's performance outranks her Scarlett!" John Truesdell, Esquire Syndicate, raves: "A powerful and beautifully told love story. One of the year's film high points." Los Angeles Daily News says: "One of the standout films of the year." Los Angeles Herald Express predicts: "It should find large audiences. Plenty of entertainment for the movie fan." Opens Thursday, April 3rd, Radio City Music Hall ARRINO VIVIFN I FlfiH AND LAURENCE OLIVIER PRODUCED BY ALEXANDER KORDA. RELEASED THRU UNITED ARTISTS 4 Motion Picture daily Friday, March 28, 1941 Feature Reviews "The Bad Man" (M-G-M) Hollywood, March 27 /"\F top significance to today's public would seem to be the fact that this is the first picture in which Wallace Beery has come to his ad- mirers since they voted him, in terms of dollars for tickets paid to show- men, to rank among the Ten Money-Making Stars of 1940 in the Motion Picture Herald-Fame poll of exhibitors. Of some significance to yesterday's public is the fact that the film is from a play of the same title which was a hit on Broadway many years ago. It is as a play for footlights that the subject matter has been handled by producer J. Walter Rubens and director Richard Thorpe, with the result that it lacks the motion, action, thrill and suspense with which Beery's admirers associate his performances, running instead to dialogue, discussion, threat and counter-threat, nearly all of which occurs inside and outside a ranch house near the Mexican border. Others who partici- pate in the plot are Lionel Barrymore, Laraine Day, Ronald Reagan, Henry Travers, Chris-Pin Martin, Tom Conway, Chill Wills, Nydia Westman and Charles Stevens. Crux of the story is the conflict among owner, mortgagor and would- be buyer of the ranch. Money and love have created a state of tension on the place when the bad man, a Mexican bandit, raids the ranch, takes command of all and administers a personal code which produces an ap- proximation of justice. Running time, 70 minutes. "G."* Roscoe Williams "Mr. District Attorney" (Republic) r> ASED on the radio program of the same name, "Mr. District Attor- torney" should lend itself readily to exploitation, particularly in the cities where the program is heard regularly each Wednesday. Although its title might imply a series of courtroom scenes, the plot concerns itself mainly with a melodramatic search for crooked politicans. Involved, too, are a hardboiled newspaperwoman and a young lawyer who proves his merit despite prejudice created by his Boston Back Bay background. Dennis O'Keefe is the young blueblood who seeks to make his career in law. He comes to the office of Stanley Ridges, who play the title role, and gets a job as an assistant. After a serious blunder, O'Keefe is assigned an old case to keep him occupied but out of the way. He accidently comes upon an important factor and, with the aid of Florence Rice, the reporter, solves the mystery. Peter Lorre, as a politician who has disappeared, is the center of the mystery. Lorre is known to have a large fortune in $50 bills but the serial numbers are known. Another crooked politician, Minor Watson, seeks election as District Attorney and O'Keefe and Ridges succeed in linking him to the murder of Lorre. The plot has frequent new compli- cations and a wild chase through city streets brings it to a climax. It should sustain audience interest throughout. William Morgan directed and Leonard Fields produced. Running time, 69 minutes. "G."* Edward Greif *'G" denotes general classification. U. A. Proposes SellingProduct On Single Pact (Continued from page 1) approval by Maurice Silverstone, chief of world-wide operations, is under- stood to contain a provision eliminat- ing the producer's right of approval of playdates. The new U. A. proposal is described as being similar in many respects to the sliding scale plan of M-G-M. Arthur Kelly's imprimatur is upon the plan, according to reports, and it has been approved by the independent producers' committee of United Art- ists, comprising Walter Wanger, Ed- ward Small and Sol Lesser. Clarence Erickson, representative of this com- mittee, has returned to the Coast after conferring with Kelly, who is vice- president in charge of distribution, and with Silverstone, regarding the new setup. Under the plan, the distribution de- partment will have complete sway over selling, whereas heretofore consider- able power over sales rested with the individual producers and their repre- sentatives. All of the product will be sold On established formulae which have been set up in advance. United Artists will have at least 11 producers on its roster for the coming season, including Alexander Korda, Walter Wanger, Edward Small and others. U. A. to Have Five District Meetings (.Continued from page 1) Corsican Brothers" and "My Official Wife." The company's regional sales meet- ings will run two days each. The Southern district meeting for exchanges in Atlanta, Charlotte, Dal- las and New Orleans will be held in the last named city, beginning April 17. Cincinnati, Cleveland, Indianapo- lis and Pittsburgh exchanges will meet in Buffalo, beginning April 21. Canadian and Midwest exchanges: will convene in Chicago, beginning April 24. In this group are the Detroit, Kansas City, St. Louis, Chicago, Mil- waukee, Minneapolis, Denver, Omaha, Calgary, Montreal, St. John, Vancou- ver and Winnipeg offices. Personnel from San Francisco, Los Angeles, Seattle and Salt Lake City will meet on April 28 in San Fran- cisco. The New York session will be for Boston, New Haven, New York, Phil- adelphia and Washington. Club Establishes Toy-Loan Center Baltimore, March 27.— The local Variety Club has estab- lished a toy-lending center in a market hall here. The plan includes a "library" of toys. It allows children to take out a toy a week and to return it and exchange it for another. ANPA Seeks Closer Ties with Industry The American Newspaper Pub- lishers Association, through its Bu- reau of Advertising, representing 620 newspapers, has undertaken an ap- proach to the film industry designed to develop better relations, from the viewpoints of publicity and advertis- ing, according to Moition Picture Herald. The newspaper group is working in conjunction with the American Asso- ciation of Advertising Agencies and the Association of National Adver- tisers, with memberships of 123 agen- cies and 325 advertisers, respectively. Recognizing that the film industry is one of the newspapers' best space buyers, the project is aimed at the operators of all theatres in the United States and Canada. The publishers urge that the exhibitor make a closer study of his position in relation to his local newspapers. The publishers point out that the daily paper audi- ence in the U. S. and Canada for film publicity and advertising totals 45,- 150,000 women and 33,990,000 men. Shift Dietrich Suit To Federal Court The $90,000 suit of Jack Forrester, French producer, against Marlene Dietrich for breach of contract was transferred to U. S. District Court here yesterday from City court on the application of Schwartz & Frohlich, counsel for Miss Dietrich. Forrester alleges that the actress contracted to appear in a picture which he was to produce in France in 1939, but failed to do so. Free Street Shows Held Competition To Film Theatres (Continued from page 1) drew an estimated $34,000 in the first week ending Wednesday, and is now in its second week. "Meet John Doe," now in its third week at the Rivoli and Hollywood, drew an estimated $27,000 at the Rivoli and $12,0fiHs.'"'t the Hollywood in the second *3.'Tk which ended Wednesday night. At the Roxy, "That Night in Rio," with a stage show, is expected to end its third week tonight with about $30,000. It will be held for five days of the fourth week, and will be re- placed next Thursday by "Pot o' Gold." "Adam Had Four Sons" started yesterday at the Radio City Music Hall, with a stage show, following "Cheers for Miss Bishop," which com- pleted its second week Wednesday night with an estimated $62,000. "Topper Returns" opened at the Capitol yesterday, replacing "Rage in Heaven," which finished a week's run with about $16,000. "Night Train" at the Globe is ex- pected to complete its 13th week to- night with an estimated $5,400. Its 14th and final week will begin to- morrow, and it will be replaced April 12 by "Escape to Glory." Atlas Increases Its Holdings in RKO (Continued from page 1) ferred, as of February 1. In addition, Atlas holds 327,811 RKO option war- rants and 7,000 shares of Keith-Albee- Orpheum preferred. The next largest film stock transac- tion reported was the acquisition of 500 common voting trust certificates of Universal Corp., by Preston Da- vie, director, who also acquired 20 shares of Universal Pictures pre- ferred, bringing his total holdings at the end of January to 3,500 Universal Corp. certificates and 50 shares of Universal Pictures preferred. Acquisition of 400 shares of Para- mount Pictures common, giving him a total of 500 shares, was reported by Henry Ginsberg, studio executive. A late report for Edwin L. Weisl, Par- amount board member, disclosed the sale in December of his entire hold- ings of Paramount second preferred, amounting to 3,200 shares. The final transaction reported was the acquisition of 10 shares of Keith- Albee-Orpheum preferred by William F. Whitman, who held 45 shares at the end of January. Goldwyn to Make Film With Disney (Continued from paae 1) subjects through RKO. "Fantasia," his feature length film, is being road- showed under his own auspices. Goldwyn only a short time ago ob- tained his release from United Artists, to which company he disposed of his one-fifth interest in the firm. There have been no negotiations concluded with regard to a release of this Goldwyn-Disney project, accord- ing to advices from the Coast Friday, March 28, 1941 Motion Picture Daily 5 'John Doe9 Is Hit in Frisco With $20,100 San Francisco, March 27. — "Meet John Doe" at the Warfield took $20,- 100. "Back Street" and "Six Lessons pfrom Madame La Zonga" scored $11,- _( j) at the Orpheum. "Fantasia" drew ~~ ^4,200 in the third week at the Geary. Estimated receipts for the week ' ending March 18-22: "A Girl, a Guy and a Gob" (RKO) GOLDEN GATE— (2,850) (35c-40c-SSc) 7 days, 2nd week. Stage: Vaudeville. Gross: $10,500. (Average, $15,000) "Back Street" (Univ.) "Six Lessons from Madame La Zonga" (Univ.) ORPHEUM— (2,440) (15c-35c-40c-50c) 7 days. Gross: $11,700. (Average, $8,000) "The Hard- Boiled Canary" (Para.) "Ufa With Henry" (Para.) FOX— (5,0CO) (15c-35c-40c-50c) 7 days. Gross: $14,000. (Average, $16,000) "Footsteps in the Dark" (W. B.) "Father's Son" (W. B.) PARAMOUNT— (2,740) (15c-35c-40c-50c) 7 days. Gross: $9,000. (Average, $11,500) "Tobacco Road" (20th-Fox) "Sleepers West" (20th-Fox) ST. FRANCIS— (1,400) (15c-35c-40c-50c) 7 days, 2nd week. Gross: $5,800. (Average, $6,000) "So Ends Our Night" (U. A) UNITED ARTISTS— (1,200) (15c-35c-40c- 55c) 7 days, 2nd week. Gross: $5,500. (Av- erage, $8,000) "Meet John Doe" (W. B.) WARFIELD— (2,680) (40c-50c-65c) 7 days. Gross: $20,100. (Average, $12,000) "Hotel du Nord" (Foreign) CLAY— (400) (15c-35c-45c) 7 days, 2nd week. Gross: $600. (Average, $1,000) "Fantasia" (Disney) GEARY — (1,288) (55c-75c-$1.10-$1.65) 7 days, 3rd week. Gross: $14,200. (Average, $12,000) Hollywood Review 'Eve' Is Baltimore Winner at $14,000 Baltimore, March 27. — "The Lady Eve" drew a strong $14,000 at Keith's. "Tobacco Road" scored $9,000 in the second week at the New. Estimated receipts for the week end- ing March 20: "Come Live With Me" (M-G-M) CENTURY— (3,000) (28c-44c) 7 Gross: $10,500. (Average, $10,000) "The Lady Eve" (Para.) KEITH'S— (2,406) (15c-28c-33c-44c) 7 days. Gross: $14,000. (Average, $9,000) "Tobacco Road" (20th-Fox) NEW— (1,581) (15c-28c-35c-55c) 7 days, 2nd week. Gross: $9,000. (Average, $7,000) "Virginia" (W. B.) STANLEY— (3,280) (15c-28c-39c-44c-55c) 7 days, 2nd week. Gross: $12,000. (Aver- age, $12,000) "Blondie Goes Latin" (Col.) HIPPODROME — (2,205) (15c-28c-39c-44c- 55c-66c) 7 days. Stage show featuring Ella Fitzgerald and her Orchestra with all- colored Revue. Gross: $15,000. (Average, $14,000) days. 'Smith' with $8£00 In New Haven Lull New Haven, March 27. — "Mr. and Mrs. Smith" and "The Trial of Mary Dugan" at the Loew-Poli drew $8,200 in a week of generally slow grosses. Estimated receipts for the week end- ing March 20: "Western Union" (20th- Fox) "Blcndie Goes Latin" (Col.) COLLEGE— (1,499) (39c-50c) 7 week. Gross: $2,900. (Average "Mr. and Mrs. Smith" (RKO) "Trial of Mary Dugan" (M-G-M) LOEW-POLI— (3,040) (39c-50c) 7 Gross: $8,200. (Average, $8,000) "The Hard Boiled Canary" (Para.) "Convoy" (RKO) PARAMOUNT— (2,348) (39c-50c) 7 Gross: $3,000. (Average, $4,500) "Cheers for Miss Bishop" (U. A.) "Ride, Kelly, Ride" (20th-Fox) ROGER SHERMAN— (2,200) (39c-50c) days. Gross: $4,300. (Average, $5,000) days, 2nd $2,700; days days. Border Vigilantes" (Paramount-Harry Sherman) Hollywood, March 27 THIS is the 34th Hopalong Cassidy Western produced by Harry Sher- man, who has his next two completed and ready for preview come release date eve. This may or may not be the best of the series but is close enough to that rank to make arguing of the point worthwhile. This one has speed, coherence, shooting, plotting, battling, riding, pursuit and combat in ample measure and in consummate alignment, making the hour of its exhibition seem short. Accompanying William Boyd as Hopalong are Russell Hayden and Andy Clyde, the latter given more prominence than usual, and their associates in this outing include Victor Jory as the plotter who, posing as leading citizen, is unmasked and brought into custody by the persever- ing Cassidy; Frances Gifford, Ethel Wales, Morris Ankrum, Tom Tyler, Hal Talliaferro, Jack Rockwell and Britt Wood. They turn in a nicely rounded set of performances. Setting is a western town in the silver country, shipment of the metal by wagon and pack-horse supplying the strife between honest citizens and raiders. Making his bow as director, Derwin Abrahams, long a member of the Harry Sherman organization, lays firm hold on his subject matter and dishes up a solid piece of entertainment. Running time, 60 minutes. "G."* Roscoe Williams *"G" denotes general classification. WHN Broadcasts Loew's Timetable information about the fea- ture pictures playing and their starting time at 68 Loew theatres in New York City, Westchester, Long Island and New Jersey is now broadcast regularly over WHN Mondays through Sat- urdays at 6:30 P.M. The program is called "Loew's Movie Timetable." Theatre Raises Prices Indianapolis, March 27. — The Lyric, first run film and vaudeville house, will raise admission prices be- ginning this weekend. The new scale will be 30 cents, 40 cents, 50 cents, re- placing the scale of 28 cents, 33 cents, 44 cents. Charles M. Olson, owner, said the rise is made necessary by in- creased operating costs and to main- tain stage show standards. Plans Shorts Series Jubilee Productions, recently formed with J. J. Balaber as president, plans a series of 24 short subjects under the general title, "Screen Parade," fea- turing bits from old silent films. 'Wind' Minneapolis Smash with $13,000 Minneapolis, March 27. — "Gone With the Wind" did a fine $13,000 at the Century despite the blizzard, which hurt business at other houses. "Strawberry Blonde" drew $7,500 at the Orpheum. "Strawberry Blonde" (W. B.) ORPHEUM — (2,800) (28c-39c-44c-55c) 7 days. Gross: $7,500. (Average, $5,500) "Gone with the Wind" (M-G-M) CENTURY— (1,600) (28c-44c-55c) 7 days. Gross: $13,000. (Average, $4,000) "Back Street" (Univ.) STATE — (2,300) (28c-39c-44c) Gross: $6,500. (Average, $6,000) "Western Union" (20th-Fox) WORLD— (350) (28c-39c-44c-55c) 2nd week. Gross, $2,000. (Average. "Buck Privates" (Univ.) GOPHER— (998) (28c) 7 days. $4,100. (Average, $2,500) "Meet the Chump" (Univ.) 3 days. "Devil Commands" (Col.) 3 days. "Six Lessons from Madame La Zonga" (Univ.) 4 days. "Lone Wolf Takes a Chance" (Col.) 4 davs. ASTER— (900) (15c-28c) 7 days. Gross: $1,80U. (Average, $1,800) 7 days. 7 days, $1,600) Gross : 'Barnyard/ Show $7,000, Kansas City Kansas City, March 27. — "Barn- yard Follies," aided by a Major Bowes stage unit at the Tower, took $7,000 in a week of generally slow grosses. Estimated receipts for the week end- ing March 18-21 : "Nice Girl?" (Univ.) ESQUIRE— (800) (28c-44c) 7 days. Gross: $2,800. (Average, $2,200) "Come Live with Me" (M-G-M) "Land of Liberty" (M-G-M) MIDLAND— (4,000) (28c-44c) 7 days. Gross: $7,700. (Average, $5,500) "Footsteps in the Dark" (W. B.) NEWMAN — (1,900) (28c-44c) 7 days. Gross: $6,000. (Average, $7,000) "Strawberry Blonde" (W. B.) "Texas Rangers Ride Again" (Para.) ORPHEUM — (1,500) (28c-44c) 7 Gross: $4,500. (Average, $5,000) "Barnyard Follies" (Rep.) TOWER — (2200) (30c) 7 days. Bowes All Star review on stage. $7,000. (Average. $6,000) "Nice Girl?" (Univ.) UPTOWN — (2,000) (28c-44c) 7 Gross: $3,000. (Average, $3,000) days. Major Gross : days. ITS A SUPER-COMEDY WITH MUSK! 6 Motion Picture Daily Friday, March 28, 1941 Off the Antenna A TOTAL of 802 of the 893 standard broadcast stations in the United States will shift to new frequencies at 3 A. M. tomorrow. Simultane- ously, stations in Canada, Cuba and Mexico will shift their frequencies. • • • Purely Personal: Ken R. Dyke, NBC sales promotion manager, will Speak before the American Management Association at the Hotel Roosevelt, April 23, on "Radio Marketing" , and before the Georgia Association of Broadcasters on "Sales and Promotion" Juno 14 in Macon, Ga. . . . A. B. Chamberlain, CBS engineer, will speak on international short wave at an Institute of Radio Engineers meeting in Boston today . . . Jimmy McClain will replace Lew Valentine as "Dr. I. Q." over NBC-Red beginning Mon- day . . . Dr. Franklin Dunham, NBC director of religious programs, has been granted a leave of absence to become executive director of the National Catholic Community Service. • • • NBC has started a transcription series featuring war news commentary. The new show, called "The Face of the War — As Seen by Sam Cuff," will be transcribed twice weekly and air mailed to Western stations. Eighteen stations have already subscribed for the series, it is stated. • • • Building Goodwill: Len Daly of the United Artists foreign publicity Department will be interviewed over NBC short wave tonight on the topic "Behind the Screen in Hollywood." Daly will speak in Spanish and will be interviewed by Mary Spaulding and Olga Andre, Latin-American com- mentators . . . Vice-President Henry A. Wallace will be heard in Spanish over CBS short wave Sunday. Wallace has made a recording in translation of a speech he will deliver in Chicago on Sunday and the transcription will be broadcast just before his English speech is aired. • • • Program News: As a further aid to the Defense Program, CBS on its weekly "Jobs for D&fense" will provide a break in the program to permit a local station cut-in. During the pause, local opportunities for defense jobs or training will be described . . . Bert Lee will resume "Today's Base-ball" over WHN Monday. SAG Forbids Free Talent On Air Shows {Continued from page 1) called off, despite of the players' fight against free performances. "We have made arrangements with the studios to preview their new pic- tures," he said. "The appearances of the players on the program are in the nature of exploitation for the pictures. The producers have pictures to sell and they think radio is an excellent medium for exploitation." Hersholt had protested that the free appearances of the stars on the Lifebuoy programs would endanger the $10,000 weekly program which the Relief Fund presents on the same network for Gulf Oil. Guild Ready to Act Anold's letter to Hersholt said in part: "The Guild board of directors is prepared to bring charges against any member who gives a free radio performance unless that member has an individual contract requiring such performances to exploit pictures. In case of contracts of this type, the Guild is asking actors not to appear without written instructions from their producers. The Guild hopes to convince producers that there is a distinction between exploiting pictures and exploiting soap. In this fight for protection of actors, the Guild has the complete support of the American Federation of Radio Actors. AFRA will enforce its similar rule against free performances." Marlene Dietrich and Bruce Cabot are to appear tomorrow night on the first Parsons-Lifebuoy program in a dramatization of Universal's "Flame of New Orleans." Paulette Goddard is set for the April 4 program with a version of "Pot o' Gold," and on April 11 Republic's "Sis Hopkins" will be previewed with Judy Canova tentatively set for the lead. SAG's Warning The Guild's warning to its star and feature player members reads in part : "Louella Parsons has entered into a contract to provide 'guest' talent on a radio program advertising Lifebuoy soap. Miss Parsons will be paid. Actors will not be paid their usual rates of compensation. Unless you have a contract specifically requiring free radio performances, this letter is your notice that you must not give such performances. If you do it will be necessary for the Guild to prefer charges against you which may lead to your suspension from the Guild or other disciplinary action. The Guild will carry on this fight as long as may be necessary to stop the evil of 'free talent' shows." Woodell Heads NBC Short Wave Selling John F. Royal, NBC vice-president in charge of international short wave, yesterday named Shirley F. Woodell as sales manager for that division. Woodell succeeds Lunsford P. Yan- dell, who has been transferred to Blue sales on special assignments. Woodell joined NBC as salesman in the international division last January after 12 years as advertising manager for Packard Motor Export Corp. Distributing Assets Of Transcontinental Wilmington, March 27. — Chancel- lor W. W. Harrington in Chancery Court today ordered the initial distrib- ution of assets of the defunct Trans- continental Broadcasting System, Inc., radio chain plan of Elliott Roosevelt. The order disposes of $70,000 of the sole asset, which is $94,444.48 on deposit in the Farmers Bank. The amount will be shared by 19 holders of Class A shares and other credi- tors. Today's order was issued on the petition of Josiah Narvel, Jr., solicitor for the receivers. The order also sets April 16 as the date for the hearing of claims of creditors to which the receivers have filed excep- tions. Ruppel Is Due from Coast on Wednesday Louis Ruppel, CBS director of pub- licity, will return from a month's va- cation in Palm Springs, Cal., Wednes- day. Before returning here Ruppel will visit the network's Hollywood and Chicago offices to discuss CBS policies in regard to publicity with heads of those offices. WHOM Inaugurates Citizenship School WHOM, which broadcasts pro- grams in eight languages, has started a free naturalization school at its New- York City studios. Charles Baltin will conduct the classes each night. Textbooks and the course itself will be free. The course will consist of eight sessions, and WHOM will broadcast one each week. When the entire series is completed, it will be started again to make a continuing program. The plans were developed by Joseph Lang, WHOM general manager. F M Broadcasters to To Discuss Network The possibility of creating a net- work of FM stations will be con- sidered at a closed session of broad- casters interested in the new medium Thursday at the Hotel Roosevelt here. The meeting will follow a general open session on FM which will start Wed- nesday morning and the annual meet- ing of FM Broadcasters, Inc., which will be held Wednesday afternoon. New Restrictions Expected in India Although new restrictions are ex- pected to be imposed on the American film trade in India in the near future, there has been no official indication yet whether the regulation will be in the form of increased restrictions on film imports or the partial blocking of remittances, according to HarolA Dudoff, Universal manager for Indds. Dudoff concludes a home office vilr.' today and will leave New York to- morrow for the Coast, en route to his headquarters at Bombay. Last year the Indian Government ordered a 25 per cent curtailment of the average annual American motion picture imports in an effort to ease its foreign exchange difficulties. Recent Government overtures indicate that the restriction on film imports has not provided the Government with a full solution of its problem, and that new restrictive measures are to be ex- pected. It is not known, Dudoff said, whether they will be in the form of a further reduction in the number of films which the distributors may bring into India or in the form of a restric- tion on currency remittances to New York. No monetary restrictions are imposed on the distributors there at present. Dudoff reported that theatre busi- ness in his territory has been very good in past months. Empire troop movements to and through coastal In- dian cities are considerable and have influenced business, he said. Government Rests In Schenck Trial Mathias F. Correa, U. S. District Attorney, stated yesterday at the close of the day's trial of Joseph M. Schenck that the Government's case was con- cluded unless something unforeseen should occur by Monday, next sched- uled day of the trial. The statement came after cross-redirect examination of Lawrence W. Gibney, U. S. Treas- ury agent, was completed. A motion to dismiss the indictment is expected to follow the announcement that the Government rests its case. Gibney stated that he had not inves- tigated the books of 20th Century- Fox Film Corp. in 1937 to determine whether a payment of $469,640 made to Schenck that year by the company represented a dividend or a payment out of capital. Schenck has consist- ently contended that this payment was out of capital and was not taxable. The defendant contends that the Gov- ernment owes him $165,000 on this payment. Gibney admitted that out of $356,000 spent by Schenck in 1937 the Government allowed $1,607 as de- ductible expenses. English Studio Sues Olympic and Kandel Olympic Pictures Corp., Feature Distributors, Inc., and Morris J. Kandel, Olympic president, were named defendants in a suit filed in the U. S. District Court yesterday by Twickenham Film Studios, Ltd. London, and Roddison Douglas Brewis, receiver of Twickenham, which seeks an injunction to restrain the defendants from distributing 30 pictures allegedly belonging to the plaintiffs. Bell Lab Is Credited With Solving Disputes at Television Hearings Bell Telephone Laboratories is credited in trade circles with having solved a number of disputed points and being responsible for the virtually unanimous agreement on them at the recent FCC television standards hearings in Washington. Several wit- nesses referred to the optical demonstrations of lines possible on various television frequencies conducted by the Bell Laboratories. However, some Bell engineers are said to have thought that in- stead of clarifying the point, their demonstrations showed there was little to choose between the 441-line image previously in use and the 525-line now recommended. Friday, March 28, 1941 Motion Picture Daily 7 'Men,' Stage Show $15,000, Milwaukee Milwaukee, March 27. — "The best gross was taken by "Little Men" and a revue headed by Gypsy Rose Lee at the Riverside with $15,000. "Nice Girl?" and "Flight From Destiny" took $8,800 at the Warner. Estimated receipts for the week end- ing March 18-20: "Gone With the Wind" (M-G-M) ' I ALACE— (2,400) (40c-55c), 7 days, 2nd ^Jk. Gross: $8,500. (Average, $4,000) Little Men" (RKO) RIVERSIDE— (2.700) (33c-44c-5Sc) 7 days. ' Stage: Michael Todd's Gay New Orleans Revue headed bv Gvosv Rose Lee. Gross: SI 5,000. (Average, $6,500) "Virginia" (Para.) "Ufa With Henry" (Para.) STRAND— (1,400) (30c-40c-55c) 7 days. Gross: 53,000. (Average, $1,500) "Nice Girl" (Univ.) "Flight From Destiny" (W. B.) WARNER— (2,400) (30c-40c-55c) 7 days. Gross: $8,800. (Average, $4,500) "Tobacco Road" (20th-Fox) "Michael Shayne, Private Detective" (20rh-Fox) WISCONSIN— (3.200) (30c-40c-55c) 7 days, 2nd week. Gross: 55,800. (Average. $5,500) 'Lady Eve9 Garners $16,500, Pittsburgh Pittsburgh, March 27. — "The Lady Eve" took $16,500 at Loevv's Penn de- spite zero weather. "Tobacco Road" drew $9,000 at the Senator. Estimated receipts for the week end- insr March 20 : "Fantasia" (Disney) FULTON — (1,700) (75c-$1.10-$1.65) 7 days, 2nd week. Gross: $8,500. (Average, $5,000) "The Lady Eve" (Para.) LOEWS PENN— (3,400) (28c-39c-55c) 7 days. Gross: $16,500. (Average, $13,000) "Strawberry Blonde" (W. B.) RITZ— (800) (28c-39c-55c) 7 days, 3rd week. Gross: $3,400. (Average, $3,500) "Tcbacco Road" (20th-Fox) SENATOR— (1.700) (28c-39c-55c) 7 days. Gross: S9.000.. (Average. $5,000) "Footsteps in the Dark" (W. B.) STANLEY — (3,600) (28c -44c -66c). On stage: Raymond Scott orchestra, Al Bernie, Gil and Bernice Maison. Jimmy Byrnes. 7 days. Gross: $17,000. (Average, $17,500) "Flight from Destiny" (W. B.) "Henry Aldrich" (Para.) WARNER — (2.000) (2Sc-44c) 7 days. Gross: $4,800. (Average, $5,000) First Arbitration Appeal in Chicago; 7th Case in N. Y. (.Continued from page 1) next Sept. 1, leaving him without jurisdiction in the case. New York's seventh case was filed yesterday by Charles Meyerson, op- erator of the Lyric, Oyster Bay, L. I. It involves clearance and is against the five consenting companies. The complaint sets forth that the Glen Cove and Huntington theatres in the towns of the same names have 60 days' clearance over the Lyric. An arbitra- tion decision that the Lyric is entitled to play day and date with them is asked. The following hearing dates were set yesterday: March 31 — Buffalo. Genesee The- atre, Mt. Morris, N. Y., against 20th Century-Fox and Warners, on clear- ance ; Weldon D. Smith, attorney, ar- bitrator. April 1 — Milwaukee. Rex Theatre, Evansville, Wis., against Paramount, clearance ; Thomas P. Whelan, attor- ney, arbitrator. April 4 — Philadelphia. Highbridge Corp., operating the Florence at Flor- ence, N. J., against Paramount, Loew's, 20th Century-Fox, RKO and Warners, and naming Ben Amster- dam's Fox at Burlington, N. J., on clearance ; Robert J. Callahan, Phila- delphia attorney, arbitrator. April 7 — Boston. Garbose Bros.' Athol Theatre, Athol, Mass., against 20th Century-Fox, RKO, Loew's, 'Hardy* Cleveland Winner at $15,000 Cleveland, March 27. — "Andy Hardy's Private Secretary" drew a strong $15,000 at Loew's State. "Vic- tory"," assisted by the "Vanities" on the RKO Palace' stage, made $18,000. Estimated receipts for the week ending March 20 : "Tcbacco Road" (20th-Fox) ALLEN— (3.000) (33c-39c-47c) 7 davs. 2nd week. Gross: $3,500. (Average, $4,000) "Nice Girl?" (Univ.) WARNERS' HIPPODROME — (3.800) (33c-39c-47c) 7 davs. Gross: $10,000. (Aver- age. $11,000) "Victory" (Para.) RKO PALACE— (3,100) (33c-47c-55c) 7 davs. Earl Carroll's "Vanities" on stage. Gross: S18.000. (Average. $13,500) "Andy Hardy's Private Secretary" (M-G-M) LOEW'S STATE— (3,500) (33c-39c-47c) 7 days. Gross: $15,000. (Average. $11,000) "Ccme, Live With Me" (M-G-M) LOEW'S STILLMAN— (1.900) (33c-39c- 47c) 7 davs. Gross: $4,500. (Average, $4,000) Orders Cohn Testimony N. Y. Supreme Court Justice Aaron J. Levy yesterday ordered Harry Cohn or any other Columbia Pictures officer to testify before trial on April 8 in reference to the $100,000 damage suit of Minnie Saltzman-Stevens, who claims her picture was used by Co lumbia without her permission in the film, "I'll Take Romance." Paramount and Warners, on clear- ance ; John Daly, attorney, arbitrator. The Ellet Amusement Co.'s clear- ance complaint against the five con- senting companies is scheduled for hearing in Cleveland today and the Midtown Theatre's clearance com- plaint against the five companies will be heard tomorrow in Detroit. Walbrook Hearing Entering Fourth Day Washington, March 27. — Final testimony in the Walbrook arbitration case on clearance is expected to be presented tomorrow. The hearing ended its third day today. The new evidence was concerned principally with the equipment and improvements of the Walbrook and its three Balti- more competitors, Durkee's Ambas- sador, Gwynn and Forrest, insofar as their physical appearance bear on the merits of the case. Among the witnesses were Thomas D. Goldberg, operator of the Wal- brook, and Baltimore architects, air conditioning experts and realty men. Decision Due in Illinois Complaint Chicago, March 27. — A decision in the "some run" arbitration case of E. F. Van Dermeer of Morris, 111., against Loew's is expected within a few days, following the filing of final briefs here today by attorneys for both. 'Miss Bishop' Takes $5,000 In Seattle Lull Seattle, March 27. — With three holdover films in town and competi- tion from "Pygmalion" on the stage of the Metropolitan, no film exceeded average. "Cheers for Miss Bishop" and "Meet Boston Blackie" scored an average $5,000 at the Liberty. Estimated receipts for the week ending March 21 : "Andy Hardy's Private Secretary" , (M-G-M) "Ride, KeUy, Ride" (M-G-M) BLUE MOUSE— (950) (30c-40c-50c-65c) 7 days, 3rd week. Gross: $3,500. (Average, $4,000) "Tobacco Road" (20th-Fox) "Play Girl" (RKO) FIFTH AVENUE— (2,500) (30c-40c-50c- 65c) 7 days, 2nd week. Gross: $6,300. (Av- erage, $7,000) "Cheers for Miss Bishop" (U. A.) "Meet Boston Blackie" (Col.) LIBERTY — (1,800) (30c-40c-50c-65c) 7 days. Gross: $5,000. (Average, $5,000) "Western Union" (20th-Fox) "Wild Man of Borneo" (M-G-M) MUSIC BOX— (950) (30c-40c-50c) 7 days, 3rd week. Gross: $3,100. (Average, $4,000) "Footsteps in the Dark" (W. B.) "Here Comes Happiness" (W. B.) ORPHEUM— (2,450) (30c-40c-50c) 7 days. Gross: $5,800. (Average, $6,000) "Youth Will Be Served" (20th-Fox) "Bowery Boy" (Republic) PALOMAR— (1,500) (20c-30c-40c-50c) 7 days. "La Conga Fiesta Revue" on stage. Gross: $4,800. (Average, $5,000) "A Girt, a Guy and a Gob" (U. A.) "You're the One" (Para.) PARAMOUNT— (3,050) (30c-40c-50c) 7 days. Gross: $5,900. (Average, $6,000) New Michigan Bill To Aim at Decree 'Detroit, March 27. — Representative Raymond J. Snow of Flint, whose re- cent bill to revise film booking methods in the state has been referred to com- mittee, will introduce a companion measure in the near future which is expected to more closely resemble anti- consent decree legislation than his first, it was learned here today. Details of the new measure were not learned. Snow's first bill would give exhibi- tors an option on all features and would permit each to arrange his own program. It would do away with the prevailing custom of simultaneous ex- hibition of the same feature or fea- tures in adjacent theatres, thus upset- ting the entire clearance structure in the state. It will be several weeks before the bill is acted upon in committee, ac- cording to word received here from Lansing:. End Reel Duplication English Trade Asks London, March 27. — Representa- tives of English newsreels and the Cinematograph Exhibitors Association are expected to meet shortly with heads of the Films Division of the Ministry of Information, demanding assurances that there will be no repe- tition of the recent situation where a Ministry propaganda short duplicated material already covered in newsreels. The exhibitors have expressed re- sentment at what they term exploita- tion of the theatres' screen time by the Ministry, which already has been as- sured of the good will of the theatres. LADY™- NEW ORLEANS A REPUBLIC PICTURE JOHN WAYNE • ONA MUNSON RAY MIDDLETON • HENRY STEPHENSON HELEN WESTLEY • Bernard Vorhous — Director = QUIGLEY PUBLICATIONS are the execution of an ideal of motion picture trade journalism which commands, inside and out — the screen industry, an unapproached readership and reader acceptance MOTION PICTURE HERALD lg? MOTION PICTURE DAILY Wk Alert, to the Picture Industry tion MOTION PICTURE DAILY DO NQI.ELMDVE First in vc 9. NO. 62 NEW YORK, U.S.A., MONDAY, MARCH 31, 1941 TEN CENTS Balaban Sets Goldenson As Theatre Head Appointment Made at Va. Meeting of Partners By SAM SHAIN Barney Balaban, president of Paramount, has appointed Leonard Goldenson as head of the company's theatre department. Word which reached New York over the week- end disclosed that this appointment climaxed the important three-day meeting of Paramount's theatre as- sociates and partners from around the country, held at Hot Springs, Va. The meetings ended Saturday. Goldenson has been with Paramount about seven or eight years. He has served as assistant to Y. Frank Free- man, formerly in charge of Paramount theatres and now vice-president in charge of production. More recently Goldenson has been Balaban's assistant on theatre activities, being chief home office liaison official with the firm's theatre associates and partners. The meeting concluded with a ban- quet Saturday night. Those attending (.Continued on page 8) $25,300 Gross at Greek War Benefit The "Greek Festival for Freedom" at the Radio City Music Hall Friday night grossed $25,300 from the sale of tickets, the theatre management disclosed over the weekend. The 6,000- seat house was completely sold out. Ticket prices ranged from S2 to $10. In addition, $1,200 was derived from the sale of souvenir programs and sev- eral thousand dollars from program advertising. The entertainment, starting at mid- night, was under the auspices of the (Continued on page 8) MPPDA Officers to Be Reelected Today Will H. Hays and all other officers i of the MPPDA are scheduled to be 1 reelected today at the annual meeting of the association's board of directors, i Hays will submit his annual report to the board, calling attention to the ' industry's part in national defense co- operation and touching upon develop- ments in the industry's foreign operat- ing problems. Hays' new five-year contract, which was signed by him two months ago, (Continued on page 8) Schaefer Considers Roadshow for 'Kane' George J. Schaefer, presi- dent of RKO, returned from Hollywood on Saturday to complete plans for the re- lease of "Citizen Kane," an announcement on which he will in all probability make this week. The film is likely to be roadshown and in New York will go in on a two-a- day basis at the RKO Palace on Broadway. William Fox Pleads Guilty In Fraud Case Philadelphia, March 30. — William Fox on Friday pleaded guilty to an indictment for conspiracy to obstruct justice and defraud the United States before Federal Judge Guy K. Bard here. Sentence was deferred until April 14 by Judge Bard, saying he wanted time to study the indictment which grew out of charges involved in the bankruptcy proceedings of Fox's All- Continent Corp. and film enterprises. Former United States Judge J. Warren Davis also was indicted. Fox was released in $5,000 bail. William Fox, according to the In- ternational Motion Picture Almanac, (Continued on page 8) Block Booking and Divorcement Bills In Congress Again Wtashixgtox, March 30. — Con- troversies over block booking and theatre divorcement are promised another airing in Congress by a Senate judiciary subcommittee headed by Senator Harley M. Kil- gore of West Virginia, successor on the committee to former Senator Matthew M. Neely. The West Virginia Senator will take up where his colleague left off upon becoming Governor of his state, and shortly will call his subcommittee together to consider the two bills which Neely reintroduced before he left Washington. There was some difference of opin- ion in the committee as to just how (Continued on page 8) Illinois Exhibitor Wins Arbitration Chicago, March 30. — A decision ordering Loew's to offer its 1940-'41 product on "some run" was given on Friday by Charles Z. Henkle, arbitra- tor in the case of E. F. Van Derveer, operator of the State, Morris, 111., who filed a complaint charging the company with granting Fred Ander- son unreasonable clearance there. Loew's was directed to make a run (Continued on page 8) Parsons Promises No More Free Talent Shows on Air House Sold Out for 'Great Lie' Opening Littleton, N. H., March 30. — Tickets have been sold out for the world premiere next Saturday evening at the Premier Theatre in this small New Hampshire town of the Warner film, "The Great Lie," starring Bette Davis. The opening will be part of a birthday celebration for Miss Davis, who has a home at Franconia, N. H., near here. A torchlight parade, premiere ball and an address by Gov. Robert O. Blood of New Hampshire are on the weekend program. The governors of the other New England states also have been invited to attend. Pro- ceeds of the opening night performance will go to the Littleton Hospital and Golden Rule farm for boys here. Hollywood, March 30. — Louella Parsons informed the Screen Actors Guild over the weekend that she will not conduct or participate in "free talent" shows after the 13-week period of her new program which she in- augurated for a soap sponsor on CBS Friday night. Her assurance thus ended a week of controversy touched off by Jean Hersholt, president of the Motion Pic- ture Relief Fund, who charged that Miss Parsons' "free talent" shows en- dangered the $10,000 weekly revenue received by the Guild for a series on the same network. Following a conference with repre- sentatives of advertising agencies and the Screen Actors Guild, Miss Parsons sent the following letter to the Guild. "Published statements that my radio (Continued on page 8) Metro Plans 45 to 50 Films Next Season To Hold Sales Meeting in July, Says Rodger s By SHERWIN A KANE M-G-M will have 45 to 50 fea- tures on its new season production schedule and will hold a sales meet- ing in July im- mediately in ad- vance of ofter- i n g its first block-of-five un- der the new de- cree selling sys- tem, William F. Rodgers, gen- eral sales man- ager, said on Friday follow- ing his return from a vacation in the South. Rodgers said he believes it will be necessary for the company to add a minimum of 30 men to the field sales (Continued on page 8) W. F. Rodgers Films, Screen to Aid Defense Bond Sales Washington, March 30. — A nation- wide program using motion pictures and radio facilities to promote the sale of defense savings bonds and stamps has been completed by the Treasury Department with the coop- eration of the two industries. The campaign will start officially May 1. The motion picture work will be headed by Howard Dietz, director of advertising and publicity for Loew's, who will join the Treasury Depart- ment tomorrow on a part-time basis. (Continued on page 8) Piazza Named RKO Coast Casting Head Ben Piazza has been appointed head of the casting and talent department of the RKO studios by George J. Schaefer, president, it was learned over the weekend. Piazza will assume his new duties on the Coast today. He formerly was studio talent executive for M-G-M. According to the International Mo- tion Picture Almanac, Piazza was on (Continued on page 8) 2 Motion Picture Daily Monday, March 31, 1941 Personal Mention Columbia Weighs 'Penny' Roadshow Columbia executives, home office reports state, were called back from vacations over the weekend by Harry Cohn, president, to make new plans for "Penny Serenade," starring Irene Dunne and Cary Grant. It is claimed that the studio is weighing the possibility of roadshow- ing the picture. Consequently, Nate Spin- gold left yesterday by plane for California. Jack Cohn, vice-president, returns today and Abe Montague, general sales manager, also is on his way back here for a general executive meeting in regard to the film. 7 U.A. Executives to Attend Sales Meets Seven United Artists home office executives will participate in all of the company's five regional sales con- ventions to be held between April 14 and 29. The group consists of Arthur W. Kelly, vice-president and distribution head, who will preside at the sessions ; Harry Gold, vice-president and East- ern general sales manager ; Haskell M. Masters, Western general sales man- ager ; Paul Lazarus, manager of the contract department ; Monroe Green- thai, advertising and publicity director ; David E. Weshner, exploitation direc- tor, and Al Margolies, publicity director. George Archibald, joint managing director with Teddy Carr for United Artists in Great Britain, is scheduled to arrive from London within the next two weeks, coming from Lisbon via clipper, and is expected to attend the first meeting, which will open in New York April 14. Following his return to England, Carr will come to New York for a home office visit. Commons to Debate Sunday Show Move London, March 30. — Open debate is expected in the House of Commons within the next few days on the mo- tion for greater liberalization of the laws governing the operation of enter- tainment places on Sunday. The mat- ter will be open to vote of the Com- mons. An opposition motion which was tabled, and which has the backing of 72 members of Commons, indicates to observers that a fight on the motion may be expected. Briggs Returning Today O. Henry Briggs, president of Pro- ducers Releasing Corp., will return to New York today from Chicago. Leon Fromkess, Bert Kulick and Sid Ku- lick, company officials, arrived here over the weekend. MILLIONS am WAITING TO SEE (AJTWILC DEL GOODMAN, Canadian divi- sion manager for Paramount, left for Toronto over the weekend. • W. Ray Johnston, Monogram president, left for the coast by train Saturday. • Robert Lynch, M-G-M branch manager in Philadelphia, marked his 25th year with the company last week. • Dave Miller, Universal manager in Cleveland, is en route to Florida for a two-week vacation with Mrs. Miller. • Steven Barutio, Warner district manager in Philadelphia, has returned from Florida. • Wilbur M. Peterson, operator of the Orpheum in Somerville, Mass., is the father of a boy, born last week. • Samuel Rosen, Monogram Phila- delphia manager, and Mrs. Rosen, have returned from Florida. • William Hirsh, manager of the Century and Spruce Theatres in Phila- delphia, is the father of a daughter, born last week. Para. Sets Campaign For Benchley Short A national advertising-merchandis- ing campaign has been arranged by Paramount with the Saturday Evening Post on "The Forgotten Man," one- reel comedy starring Robert Benchley, which will be released in June. Benchley has been selected by the National Father's Day Council as the "typical father of 1941," for which he will receive a trophy in connection with a screening of the subject at a Hotel Pennsylvania luncheon on Wednesday. The Saturday Evening Post, in the issue of June 7, will carry a full-page ad on the short and Father's Day. Retailers will receive a display and merchandise kit. Postal Telegraph is participating with blanks featuring a Father's Da}' greeting by Benchley. 'Fantasia* Price Cut For Uniformed Men The Broadway Theatre, where Walt Disney's "Fantasia" is continu- ing its indefinite engagement, today will inaugurate a policy of half-price admission to all service men in uni- form. The low rate will be in effect from Monday through Friday, in- clusive. The Disney studio on the Coast is turning out insignia for the U. S. armed forces for use on planes, tor- pedo boats and tanks, as well as similar sketches for the RAF in England. Griffiths Resigns From British Para. London, March 30.— D. E. Griffiths, general sales manager for Paramount in Great Britain, resigned yesterday. It was reported that differences over sales policy arose. Griffiths has been in distribution here since 1926, when he started with First National. HARRY BUXBAUM, 20th Cen- tury-Fox New York exchange manager, returned Friday from Miami with Mrs. Buxbaum and their daughter. • E. Henry Lewis, Eastern casting representative for the William Morris Agency, will leave for Hollywood Friday. • William R. Weaver, Hollywood editor of Quigley Publications, left over the weekend for several weeks' stav in the East. • Frederick G. Magee, budget direc- tor of Ross Federal Service, and Alice C. Heslix were married Sat- urday. • Samuel Benoff, manager of the West Allegheny Theatre, Philadelphia, is the father of a daughter. • Bud Freeman, manager of the Phil- adelphia Grand, has returned to his post after an operation at Mt. Sinai Hospital, Philadelphia. • George LeBlanc, Altec Service representative in Waterloo, la., is the father of a son. Empire Universal Meeting Under Way Toronto, March 30. — James R. Grainger, Republic president, was guest of honor Friday night at a ban- quet of Empire Universal Films, Ltd., at the Royal York Hotel here. N. L. Nathanson, president of Famous Play- ers Canadian, and many other film executives attended. The banquet opened the company's annual meeting. Saturday's session was devoted to British product, with A. J. Laurie, president of Esquire Films, Ltd., giving a special message. The meeting, under the direction of Oscar Hanson, president, will con- tinue through Tuesday. Booker Awards Set In Col. Sales Drive Bookers and accessory managers will share in a group of awards in Columbia's "Exhibitor Good Will" sales drive now in progress. Bookers awards will be based on short sub- jects and serials billings, while those for accessory managers will be for in- creases in billings in their departments. Bookers in the six leading branches will share in extra cash awards and special gifts, while special awards will go to the 12 accessory managers show- ing the greatest improvement over quotas in their billings. Studio Wage-Hour Hearing Concluded Los Angeles, March 30. — Hearing of union _ and producer protests on classification of studio employes un- der the wage-hour act ended here Fri- day, with Examiner Merle Vincent announcing a three-week period for the filing of briefs to support testi- mony presented. Testimony given at the final session dealt with costumers, fitters, grips, gaffers and electricians. W. B. Offers to Show Nazis 'Underground' March 30. — Warners over the weekend made an offer to Capt. Fritz Wiedeman, Ger- man consul at San Francisco, to show "Underground," new film about anti-Nazi activities j in Germany, to 300 sailors of the liner Columbia, now in- terned in New Mexico, and make the sailors' comments available to the AmerK ^ press. The studio made offer following the consuis charge that American news- papers are telling only one side of the war. Set Club Fund Drive Deals in Milwaukee Milwaukee, March 30. — To elimi- nate duplication of effort in raising milk funds for undernourished chil- dren, the Variety Club of Milwaukee and the Milwaukee Junior Chamber of Commerce Milk Fund, Inc., have signed an agreement whereby the former will organize- a corporation immediately and launch a drive for funds. On Sept. 1 the net contributions available will be audited and if they total more than $5,000, the Milwau- kee Junior Chamber of Commerce Milk Fund, Inc., will surrender its charter and cease activity. If they are less than $5,000, the Variety Club will pay over to the treasurer of the other corporation all the funds it has col- lected. Douglas Yates With Army Signal Corps Hollywood, March 30. — Douglas Yates, son of H. J. Yates, president of Consolidated Film Industries, over the weekend resigned as assistant to Albert J. Cohen, Republic producer, to report for a year's duty with the film unit of the Army Signal Corps at Wright Field, Dayton, Ohio. Wins 'Voyage' Award Philadelphia, March 30. — Sam Teitlebaum, manager of the Warner Commodore here, has been awarded a watch, the prize in an exploitation and gross contest held here on the Wan- ger-United Artists film, "The Long Voyage Home." Walter Wanger of- fered the prize. MOTION PICTURE DAILY (Registered U. S. Patent Office) Published daily except Saturday, Sunday and holidays by Quigley Publishing Company, Inc., 1270 Sixth Avenue, Rockefeller Center, New York City. Telephone Circle 7-3100. Cable address, "Quigpubco, New York." Mar- tin Quigley, Editor-in-Chief and Publisher; Colvin Brown, Vice-President and Genera! Manager; Watterson R. Rothacker, Vice- President; Sara Shain, Editor; Alfred L. Finestone, Managing Editor; James A. Cron, Advertising Manager; Chicago Bureau, 624 South Michigan Avenue, C. B. O'Neill, Manager; Hollywood Bureau, Postal Union Life Building, William R. Weaver, Editor; Leon Friedman, Manager; London Bureau, 4 Golden Square, London Wl; Hope Wil- liams, Manager, cable address "Quigpubco, London." All contents copyrighted 1941 by Quigley Publishing Company, Inc. Other Quigley publications: Motion Picture Herald, Better Theatres, International Motion Pic- ture Almanac and Fame. Entered as second class matter, Sept. 23, 1938, at the post office at New York, N. Y., under the act of March 3, 1879. Subscription rates per year $6 in the Americas and $12 foreign. Single copiei 10c. Monday, March 31, 1941 Motion Picture daily 3 Equity Asks Survey Into Employment Key Grosses Hold Levels; $1, 614,400 for 154 Houses THEATRE receipts in recent weeks reflected the effect of bad Winter weather, which prevented grosses in major cities from moving upward to any great extent, as compared with earlier weeks. However, grosses generally held their own. A total of 154 theatres in about 20 cities reported an aggregate gross of $1,614,400 for the most recent week, ending March 21-22, according to Motion Picture Daily's compilation from weekly box-office reports of key city theatres. The week ending Jan. 31-Feb. 1 showed a total of $1,681,700 from 151 houses, highest since the week ending Jan. 3-4, including the New Year holiday. The following tabulation indicates the total gross each week and the number of theatres reporting since the beginning of the current season, last September : No. of Total Week Ending Theatres Gross Sept. 6-7, 1940 131 $1,545,900 Sept. 13-14 132 1,482,800 Sept. 20-21 136 1,343,800 Sept. 27-28 130 1,255,400 Oct. 4-5 127 1,264,300 Oct 11-12 .- 130 1,360,900 Oct. 18-19 - 131 1,359,400 Oct. 25-26 136 1,383,600 Nov 1-2 i 131 1,302,600 Nov 8-9 134 1,533,000 Nov. 15-16 1 126 1,285,000 Nov. 22-23 132 1,351,800 Nov. 29-30 136 1,446,000 Dec 6-7 137 1,386,900 Dec 13-14 133 1,253,200 Dec. 20-21 • 126 955,500 Dec 27-28 128 1,106,500 Jan. 3-4, 1941 139 1,723,700 Jan. 10-11 140 1,697,500 Jan. 17-18 159 1,644,000 Jan. 24-25 150 1,624,700 Jan. 31-Feb. 1 151 1,681,700 Feb 7-8 ' 146 1,634,600 Feb. 14-15 144 1,447,400 Feb 21-22 144 1,422,000 Feb. 28-March 1 146 1,601,900 March 7-8 153 1,488,500 March 14-15 . 162 1,532,600 March 21-22 154 1,614,400 {Copyright, 1941, Quigley Publishing Company, Inc.) The quarterly membership meeting of Actors Equity held Friday at the Hotel Astor adopted a resolution ask- ing the Equity council to undertake an investigation into employment stat- istics of actors and their relation to the number of members admitted to the union. About 300 members at- V /members voted a resolution of thanks to Alfred Harding for his de- s velopment of a plan whereby high school students wi'l be admitted to to special matinees at 25 cents per ticket for the purpose of building a future audience for the legitimate theatre. In addition, the meeting once again called on the council to eliminate the exclusive service clause from the stand- ard contract and place the burden on the producer to demand the inclusion of such clause. A similar resolution was adopted at the last quarterly meet- ing but the council refused to enact it. Robert T. Haines, a member of the council, presided during the early part of the meeting and Bert Lytell, presi- dent, took over later. Six members were elected to the nominating com- mittee and, together with the three members selected by the council, will .■draw a slate for the elections at the annual meeting in June. Drama Guild Seeks Trust Suit Dismissal The Dramatists' Guild on Friday filed application in N. Y. Supreme Court to dismiss the New York anti- trust suit brought against it by the League of New York Theatres. The application, based on the ground that the complaint fails to state a cause of action, will be heard on April 7. The League's suit, brought under the New York anti-trust laws, charges the guild with imposing arbitrary terms in its new basic pact governing the production of plays, which went into effect March 1. The suit claims the members of the guild combined illegally, and are threatening to drive the stage managers out of business. 20th Century Circuit Takes Ottawa House Ottawa, March 30. — The lease on the Avalon here, now held by Famous Players Canadian Corp., and which expires tomorrow, will be taken over by Twentieth Century Theatres, Ltd. The house is owned by the Nolan in- terests. Gilbert F. Sunderland, assistant manager of the Capitol here, will leave Famous Players to become man- ager of the Avalon for Twentieth Century. Robert Gellatly, supervisor of the Avalon, is taking over the management of the Niola and Rexy Theatres here for the Nolan interests. Liberalize Operator License in Wis. City Fond du Lac, Wis., March 30. — The City Council has approved a rec- ommendation of the Municipal Board of Electrical Examiners for an amendment to the city electrical or- dinance which would exempt motion picture projectionists from the pro- vision of the ordinance requiring them to have an electrical license. 180 of 256 Turkish Films from America Washington, March 30— Of the 256 features exhibited in Turkey dur- ing 1940, 180 were from the United States, according to a report by the U. S. Department of Commerce. Of the remainder, 50 were French, seven Italian, five German, four Egyptian, four Turkish, three English, two Rus- sian and one Spanish. The early part of the war had lit- tle effect on the Turkish film market, according to the report, but subse- quent to the entrance of Italy into the conflict and the defeat of France, supplies were cut off to a large ex- tent. However, it was estimated suf- ficient films were on hand to last through the greater part of the 1940- '41 season. Partial mobilization has served to cut theatre receipts to a certain extent as compared to 1939. With more severe censorship restric- tions last year, 15 films were banned and manv were subject to severe cut- ting. There are only about 155 the- atres in Turkey, it is estimated. Circuit Net $35,637 Toronto, March 30. — Hamilton United Theatres, Ltd., has reported net income for 1940 of $35,637, as compared to net income of $48,196 for the previous year. Majors Defendants In Ga. Trust Action Valdosta, Ga., March 30.— Martin Theatres, Inc., a Georgia circuit, is defendant in a $105,000 damage suit filed by; Southland Theatres, Inc., in U. S. District Court here. Also named as defendants are Loew's, 20th Cen- tury-Fox, RKO and Columbia. Southland's suit, among other allega- tions, charges monopoly and that the defendants allegedly conspired to pre- vent the plaintiff from obtaining films for the Grand Theatre in Valdosta. John I. Kelley, Atlanta attorney, and Franklin & Eberhardt of Val- dosta represent the plaintiff. N. Y. Bill Sets Fees For 16mm. Licenses Albany, March 30. — Senator Wil- liam Bewley, chairman of the Taxa- tion Committee of the New York Senate, has introduced a bill which would provide the same fees for censor review of films of less than 35mm. width as is now provided for 35mm. The bill would amend the laws of 1927, which provide a tax of $3 per 1,000 feet on original film and $2 per 1,000 feet on additional prints when submitted for licensing, to include 16mm. film. 'Hamilton' Is Los Angeles Hitat$ll,200 Los Angeles, March 30. — "That Hamilton Woman" at the 4 Star drew $11,200, including the charity open- ing. "A Girl, a Guy and a Gob" and "Ellery Queen's Penthouse Mystery' drew $9,200 at the Hillstreet and $8,800 at the Pantages. Estimated receipts for the week ending March 26 : "So Ends Our Night" (U. A.) "Golden Hoofs" (2»th-Fox) CHINESE — (2,500) (33c-44c-55c-75c) 7 days. Gross: $7,800. (Average, $12,500) "Fantasia" (Disney) CARTHAY CIRCLE— (1,518) (55c-$1.65) 7 days, 8th week. Gross: $12,000. (Average $17,000) "That Hamilton Woman" (U. A.) 4 STAR— (900) (44c-55c) 7 days, including charity premiere. Gross: $11,200. (Average, $3,250) "A Girl, a Guy, and a Gob" (RKO) "Ellery Queen's Penthouse Mystery" (Col.) HILLSTREET— (2,700) (33c-44c-55c-75c) 7 days. Gross: $9,200. (Average, $6,500) "So Ends Our Night" (U. A) "Golden Hoofs" (20th-Fox) LOEW'S STATE— (2,500) (33c-44c-55c- 75c) 7 days. Gross: $8,500. (Average, $14,- C00) "A Girl, a Guy, and a Gob" (RKO) "Ellery Queen's Penthouse Mystery" (Col.) PANTAGES— (3,000) (33c-44c-55c-75c) 7 days. Gross: $8,800. (Average, $7,000) "The Lady Eve" (Para.) PARAMOUNT— (3,595) (33c-44c-55c-75c) 7 days, 2nd week. Stage: "Artist's Models of 1941." Gross: $14,000. (Average, $18,000) "Meet John Doe" WARNER BROS. (Hollywood)— (3,000) (33c-44c-55c-75c) 7 davs. 2nd week. Gross: $15,300. (Average, $14,000) "Meet John Doe" WARNER BROS. (Hollywood) — (3,400) (33c-44c-55c-75c) 7 days, 2nd week. Gross: £14,200. (Average, $12,000) 6 Free,' Stage Show $14,300, Milwaukee Milwaukee, March 30. — Best of the week was the Fox Wisconsin show, headed by the Four Ink Spots on the stage and the film "Free and Easy," taking $14,300. "The Sea Wolf" and "Scattergood Baines" drew $7,700 at the Warner. Estimated receipts for the week ending March 25-27: 'Gone With the Wind" (M-G-M) PALACE— (2,400) (40c-55c) 7 days, 3rd week. Gross: $5,600. (Average, $4,000) "A Man Betrayed" (Rep.) RIVERSIDE — (2.700) (28c-44c) 7 days. Stage: "Gay Ws Revue." Gross: $8,000. (Average. $6,500) "Virginia" (Para.) "Tobacco Road" (20th-Fox) STRAND— (1,400) (30c-40c-55c) 7 days Gross: $1,500. (Average, $1,500) "The Sea Wolf" (W. B.) "Scattergood Baines" (RKO) WARNER— (2,400) (30c-40c-55c) 7 days. Gross: $7,700. (Average, $4,500) "Free and Easy" (M-G-M) WISCONSIN— (3.200) (40c-55c) 7 days. Stage: The Four Ink Spots. Gross: $14,300. (Average, $5,500) New Wis. Film Tax Bill Is Introduced Madison, Wis., March 30. — A sec- ond bill to tax motion picture films has been introduced in the Wisconsin legislature, by Senator Taylor G. Brown. The measure provides a 50- cent assessment for each 1,000 feet of film or fraction thereof. An Assembly measure introduced earlier in the week by Assemblyman Leland S. McPar- land calls for a 10 per cent tax on film rentals in excess of $500. North, South, East, West- Engagements Extended Everywhere! LOS ANGELES Hollywood • Downtown MIAMI BEACH Beach Sheridan • Paramount ^ffiSjM NEW YORK CITY Hollywood • Rivoli SAN FRANCISCO Warfield • Fox \ OKLAHOMA CITY.. Criterion RICHMOND Colonial DAYTON Victory LOUISVILLE Mary Anderson NASHVILLE Knickerbocker TAMPA . . . State SEATTLE Orpheum • 5th Ave. ST. PETERSBURG Playhouse SPRINGFIELD, ILL. . . Roxy HARRISBURG State LINCOLN Lincoln NORFOLK Norva PROVIDENCE . . . Majestic INDIANAPOLIS . . . Circle ORLANDO Vogue h h UTT with EDWARD ARNOLD WALTER BRENNA Spring Byington • James Gleason and Gene Lockhart This Screen Play, as were most of the major successes of Frank Capra, is by ROBERT RISKIN Directed by Frank Capra Distributed by Vitagraph, Inc. owe T EVEN MR. IS v NY. World-Telegram PLAY IT NOW! PLAY IT UP! YOU'LL PLAY IT LONG Produced at the Studios of "Irresistible entertainment! You can't ask more from any picture!" — A'. Y. Herald-Tribune "One of the most important pictures of 1941! The best and most human Capra vein/' — N. Y. Eve. Post "A great picture. Gary Cooper } has never given a finer per- formance on the screen!" — N. Y. Daily News ily suggest you make John Doe's acquaintance at onceiThe hardest-hitting pic- ture Capra has yet made." —N. Y. Time* Has you gripping the arms of your chair.Hits the sublime heights. A film milestone!" — N.Y. Daily Mirror A sure shot for the year's best 10 list and a nominee for the Academy Award." — The Daily Oklahoman, Oklahoma City Meet John Doe — meet him by all means!" — Miami Daily News 8 Motion Picture Daily Monday, March 31, 1941 Parsons Promises No More Free Talent Shows on Air Metro Plans 45 to 50 Films Next Season (Continued from page 1) force, or an average of one salesman for each exchange, in order to sell and service accounts effectively under the decree. He emphasized that these ap- pointments would be made from with- in the organization. In most cases, he believes, bookers will merit the pro- motions, with other exchange person- nel advanced to replace them. M-G-M will release sub- stantially the same number of features next season as it has for the past several years. Rodgers pointed out that there is no apparent advantage in offering an increased number of pictures under the decree, and that since the studio is geared to produce the estimated number conveniently, the com- pany sees no reason for reduc- ing the average annual sched- ule. Rodgers said it had not been decided whether the company would hold more than one meeting in July or whether salesmen as well as managers will at- tend. Final policies and instructions on the new selling practice and the early product to be available for the first blocks-of-five will be discussed at the meeting. The M-G-M sales force has im- proved its record of last season in number of accounts sold, and with the present total nearing 11,000 accounts a new all-time high for the company has already been set, Rodgers said. The M-G-M sales head has decided not to set up a separate selling or- ganization for the company's short subjects, and does not intend to be- gin selling the shorts earlier because of the decree, as some companies are doing. Rodgers reported that reaction to his letter to exhibitors setting forth the company's policies under the con- sent decree has been highly gratify- ing, and won an immediate appre- ciative response from representative exhibitors in all sections of the coun- try. He expects to leave for the Coast in a few weeks for final conferences on current season's product and to complete plans for the first of the new season's feature blocks. MPPDAOfficers to Be Reelected Today (Continued from page 1) has already, been ratified by the board. Nate J. Blumberg of Universal, and Harry M. Warner are the only com- pany presidents not expected at today's meeting, both being out of town. Bar- ney Balaban, Paramount; George J. Schaefer, RKO, and Sidney R. Kent, 20th Century-Fox, are expected to re- turn to New York today in time to attend the meeting. Ice Show in Rochester Rochester, March 30.— The Na- tional Ice Revue will play the Sports Arena here for nine days beginning April 12. The Shrine is sponsoring the show. Illinois Exhibitor Wins Arbitration (Continued from page 1) available to the State and to pay the costs of the arbitration hearing, held here March 15. This was the first complaint filed and arbitrated here under the Federal consent decree. The arbitrator decided that Loew's had violated Section 6 of the decree in refusing to license its pictures to the State. He ordered that the run shall be designated by Loew's upon its terms and conditions. Loew's Offered Run Prior to the hearing, according to company officials, Loew's had offered Van Derveer a run for the State and a reduction in clearance from 60 to 21 days, but Van Derveer rejected the offer and insisted on bringing the complaint to a hearing. Sam Shirley, acting M-G-M branch manager here, and John Kemptgen, salesman for the company, testified at the hearing that it is Loew's estab- lished policy not to license second runs in towns the size of Morris, which has a population of 5,500, as it tended to reduce the first run reve- nue. Van Derveer had been offered third run, it was testified. Evansville, Wis., Hearing Delayed Milwaukee, March 30. — Hearing of an arbitration complaint on clear- ance brought by the Evansville The- atre, Evansville, Wis., against Para- mount, which was scheduled for Tues- day, has been postponed to April 22 because of the unavailability of needed witnesses. Piazza Named RKO Coast Casting Head (Continued from page 1) the stage at 17, and in 1909 toured with repertoire shows. He served 10 years with the late Martin Beck and Orpheum Theatres Circuit, managing Orpheum houses in New Orleans, Minneapolis, and Los Angeles. In 1928-29, he was general manager of B. F. Keith Enterprises and Circuit, and was general manager of the RKO vaudeville department in 1929. He is a former vice-president of Major Pic- tures Corp. Block Booking and 'Divorce' on Again (Continued from page 1) far the subcommittee would go. Sena- tor Frederick Van Nuys, chairman of the full committee, declared it would consider only the divorce bill, while Senator Kilgore insisted both block booking and divorce would be studied. There has been no meeting of the subcommittee as yet, but it is ex- pected its members will be called together shortly to fix a date for hearings. (Continued from page 1) program might affect the Motion Pic- ture Relief Fund have been a cause of great unhappiness to me. "For more than 25 years I have worked consistently to further the best interests of the industry and its peo- ple, including the Motion Picture Relief Fund. Says Exploitation Welcomed "Before my radio contract was signed I received full assurance from the motion picture producers that they welcomed the opportunity for this valuable exploitation of their pictures on the type of program I originated years ago, and I so assured my spon- sors. Also, the producers informed me that most of their players were under contract to aid in radio ex- ploitation of their productions. "Not until I received this assurance was the contract signed. However, in view of the objections from the Guild and the Motion Picture Relief Fund, I have today notified my sponsors that at the end of the 13 weeks to which I am legally committed and for which time has been purchased and plans made, I will not continue with any radio show which conflicts with the talent regulations of the Guild." Kenneth Thomson, executive secre- tary of the Screen Actors Guild, in reply said in part : "The SAG will continue its effort to eliminate all commercially sponsored 'free talent' radio performances, no matter who conducts them, because they violate, we believe, the best interests of all factors in the industry. The Guild rule which prohibits free radio perform- ances and which particularly applies to free lance actors will be enforced at all times." Films, Screen to Aid Defense Bond Sales (Continued from page 1) The radio programs will be handled by Vincent Callahan, formerly general manager of Station WBZ, Boston, whose first interview feature will be put on the air by some 70 stations within a week. Production of a series of shorts, the first expected to be available by May 1, has been promised the Department by the film industry, it was disclosed. Details of the series have not been worked out but the groundwork has been laid. Dietz will carry the pro- gram through, as liaison between the Government and the producers. Treasury officials said the coopera- tion offered by the film and broad- casting industries is "most encour- aging." The film industry's national defense committee and individual com- panies have offered their cooperation, it was said. Assurance has been given the Treas- ury that virtually every station in the country will cooperate in publicizing the defense financing. The coopera- tion of the networks and stations has been solicited in letters from Secre- tary Morgenthau. It is planned to broadcast brief in- troductory programs prior to the big drive, and with the official start of the campaign the networks will air "round table" discussions on Government financing. William Fox Pleads Guilty In Fraud Case (Continued from page 1) was born Jan. 1, 1879 in Tulchva, Hungary, and attended public school in New York. He entered the - tion picture business in 1904 i mp. theatre manager and subsequently leased two theatres in New York City. He became a distributor 27 years ago when he organized the Greater New York Film Rental Co., which specialized in two-reel subjects. Fox formed the Box Office Attrac- tions company for the purpose of pro- ducing his own films and continued to distribute the product of other pro- ducers. Later he organized Fox Film Corp., which absorbed Box Office At- tractions. Fox expanded the new company in- to a major producing, distributing and exhibiting organization. In 1929 he purchased a controlling interest in Loew's, Inc., which carried with it M-G-M as well. Also in that year he purchased a 45 per cent interest in Gaumont British. In 1930, following the collapse of the stock market, Fox sold control of Fox Films and Fox Theatres to Harley L. Clarke, Chicago public util- ity magnate, after a long drawn-out struggle. Since then Fox has been inactive personally in the industry but has car- ried on various investments. $25,300 Gross at Greek War Benefit (Continued from page 1) Greek War Relief Association. The opening address was given by W. G. Van Schmus, managing director of the Music Hall. The show was pro- duced by Marvin H. Schenck of Loew's. Leon Leonidoff was stage di- rector. $1,500 Raised at Providence Benefit Providence, March 30. — Theatres in the Providence metropolitan area raised $1,500 for Greek war relief at a benefit given Friday night at Loew's State. Edward M. Fay headed the ex- hibitors' committee, with William Pragg as secretary-treasurer. The program consisted of 12 vaude- ville acts contributed by Fay's and Metropolitan theatres and the Provi- dence Biltmore, a preview of "The Trial of Mary Dugan," and a March of Time subject dealing with the war in Greece. Martin Toohey, manager of the Leroy, Pawtucket, was master of ceremonies. Goldenson Appointed Para. Theatre Head (Continued from page 1) left yesterday. Among company officials in attendance were Barney Balaban, Stanton Griffis, Neil Agnew, Leonard Goldenson, Leon Netter, Robert Gill- ham, Y. Frank Freeman, Sam Dem- bow and Robert Weitman. Operating and general industry problems were discussed at the meet- ing. Monday, March 31, 1941 Motion Picture daily 9 U. S. Majors Aiding English Raid Relief London, March 30. — Seven major American companies here have contributed $1,250 to the mayors of each of three blitzkrieged cities, Plymouth, Glasgow and Liverpool, for the relief of air raid victims. ^howmanship Flashes . . . Sets Up Canteen to Plug 'Buck Privates' Reading, Pa., March 30. — C. G. Keeney, manager of the Park, set up a "canteen" in the lobby for "Buck Privates." Arranging a tiein with a local bakery, an "Army Hostess" dis- tributed 12,000 doughnuts to patrons. In addition, Keeney arranged a parade through the center city streets by the Veterans of the Foreign Wars for opening night, the band serenading in front of the theatre. Barber Shop Quartette Contest for 'Blonde' Detroit, March 30. — Detroit Bar- ber Shop Quartettes competed for a silver cup in a lobby contest at the Michigan Theatre for four nights as an exploitation stunt for "Strawberry Blonde." Robert P. Corbin, manager of the theatre, arranged the stunt. 'Invisible' Copy Used On 'Invisible Woman' Philadelphia, March 30. — Invisi- ble copy was used by Jack Singer, assistant manager of Warners' Sedge- wick, for "The Invisible Woman." Special blue cards, purchased at a novelty shop, carried teaser copy. When the card was dipped in water, picture message and playdates ap- peared. School Cheer Contest For 'Andy Hardy' Film Columbus, O., March 30. — Russell Bovim, manager of Loew's Ohio, staged a High School Night on the day the film opened. High school stu- dents throughout the city were in- vited, and a cheer-leading contest was held. The five who withstood elimina- tion were presented on the stage by Dick Overmyer, Ohio State Univer- sity varsity cheer-leader. The win- ner, determined by audience applause, was presented with an engraved lov- ing cup. Feature Review "City of Missing Girls" (Select Attractions) A SUBJECT definitely unsuitable for the family, this minor production presents a story of the disappearance of young girls, with vice clearly implied. The poor presentation fails to sustain interest. The principal players are H. B. Warner, John Archer and Astrid All- wyn, who have some marquee value. However, the youthful Archer is miscast as an assistant district attorney while Warner, too, is incongruous in a detective role, far from the sedate character he has portrayed in his many previous assignments. Neither is very convincing. The tale is extremely melodramatic, telling of Archer's investigation of the disappearances and finally, with the help of Warner and Miss All- wyn, a reporter, the apprehension of those responsible. The theme is em- phasized in the lobby displays at the New York Theatre. Running time, 72 minutes. "A."* *"A" denotes adult classification. New Haven Gives 'Sea Wolf $6,700 New Haven, March 30. — "The Sea Wolf" and "Here Comes Happiness" at the Roger Sherman took $6,700. "The Lady Eve" and "Murder Among Friends" at the Paramount took $6,500, and the show holds over for a second week. Estimated receipts for the week ending March 27 : "Mr. and Mrs. Smith" (RKO) "THal of Marv Dugan" (M-G-M) COLLEGE — (1.4991 (39c-50c) 7 davs, 2nd week. Gross: £2,300. (Average, $2,700) "The Great Dictator" (U. A.) "S'eeuers West" (ZOth-Fox) LOEW-POLI— (3,040) (39c-50c) 7 days. Gross: $7,000. (Average, $8,000) "The Ladv Eve" (Para.) "Murder Amoncr Friends" (Zflth-Fox) PARAMOUNT— (2.348) (39c-50c) 7 days. Gross: $6,500. (Average, $4,500) "The Sea Wolf" (W. G.) "Here Comes Haoniness" (W. B.) ROGER SHERMAN — (2.200) (39»--50c) 7 days. Gross: $6 7fY>. i" 4 v»r-> o-e. $5,000) 'Dictator' Strong $15,000, Baltimore Baltimore, March 30. — Warmer weather tended to offset a pre-Easter slump. "The Great Dictator" drew a strong $15,000 at the Century. "The Sea Wolf" took the same amount at the Stanley. Estimated receipts for the week ending March 27 : "The Great Dictator" (U. A.) CENTURY — (3,000) (28c-44c) 7 days. Gross: $15,000. (Average, $10,000) "The Lady Eve" (Para.) KEITH'S — (2,406) (15c-28c-33c-44c) 7 davs, 2nd week. Gross: $10,000. (Average, $9,000) "The Trial of Mary Dugan" (M-G-M) NEW — (1,581) (15c-28c-35c-55c) 7 days. Gross: $9,000. (Average, $7,000) "The Sea Wolf" (W. B.) STANLEY— (3,280) (15c-28c-39c-44c-55c) 7 days. Gross: $15,000. (Average, $12,000) "A Girl, a Guy and a Gob" (RKO) HIPPODROME— (2,205) (15c-28c-39c-44c- 55c-66c) 7 days. Stage show with Milt Herth Trio and the Radio Aces. Gross: 515,000. (Average, $14,000) No Farewell Atlantic City, March 30 A LT HOUGH tendered a SI farewell party upon his resignation as Warner dis- trict manager here to go to Florida, where he is to oper- ate an independent circuit, Herbert Copelan is still in town. The dinner was held early in the month, but Cope- lan failed to reckon with the local draft board. He was given a rating of 1-A. The draft board turned down his request for a six-month de- ferment so that he can ar- range his affairs in Florida, telling him to stay put and stand by. Stars Will Attend 'Hopkins' Opening St. Louis, March 30. — Judy Ca- nova and Jerry Colonna of the cast of Republic's "Sis Hopkins," as well as John Wayne, Ona Munson, Don- ald Barry and Lois Ranson, will at- tend the world premiere of the film at the Fox Theatre here on Friday. Mayor Bernard F. Dickmann has proclaimed "Sis Hopkins Day" and is cooperating on the opening. Proceeds of the opening will go to the Greek War Relief. Local radio stations will broadcast the events. William Saal, Republic special repre- sentative, is in charge of the opening. Padula to Direct Play Edward Padula of the New York Theatre Guild staff will direct George Corey's new play, "Not in Our Stars," for the Experimental Theatre. Col. in Victor Tieup On 'Penny Serenade' Columbia has arranged a tieup with RCA-Victor Co. on behalf of "Penny Serenade." The tieup covers national magazines and newspapers, billboards radio and other media, with the cam- paign based on the recordings of the musical numbers from the picture. Cowboy Stunt Used On Autry Picture Van Wert, O., March 30.— Carl Moore of the Ohio Theatre here, in selling the Gene Autry film, "Back in the Saddle," used a "mysterious cow- boy" stunt, advertising cooperatively in local papers. Tickets were given to persons correctly identifying a man walking the streets, as "the mysteri ous cowboy." Film Houses Exemnt From Iowa Tax Bill Des Moines, March 30. — The Iowa House has passed a measure to impose a general admission tax on all amuse- ments on a graduated scale, but at the last moment an amendment was adopted exempting film theatres from the tax. The House also has passed a meas- ure levying a license fee of $25 a year on coin music machines, in addition to earlier passage of bills providing $100 license fees for coin film ma- chines, and $50 license fees for pinball machines. All the measures now go to the Senate. Open 24 Hours Daily Philadelphia, March 30. — Follow ing the gutting by fire of the Warner Family Theatre, which operated 24 hours a day, the circuit has turned the Savoy into a round-the-clock house. William Goldman's New Theatre here recently inaugurated the same policy. Sues W. B. Over Film Irving Gaumont has filed a $50,000 damage and injunction suit in New York Supreme Court against War- ners. The plaintiff claims the plagiar ism of his storv, "You've Got to Swing It." in the film, "My Love Came Back." Tracy, toy Eastbound Loew's reports that Spencer Tracy, Mvrna Lov and Arthur Hornblow will visit New York during April after completing work on their re- spective picture assignments. 10 Motion Picture daily Monday, March 31, 1941 Off the Antenna CHARLES GODWIN, WOR production manager, will manage the station's new FM outlet, W71NY, when the latter starts commercial operation tomorrow. This will be the first FM station in this area to go on the air commercially. Two announcers will be assigned to Godwin to handle FM programs exclusively. The station has had a full engineering crew for some time. The broadcasting schedule will be 8:30 A.M. to 11:30 P.M. daily. Program policy has not been set. The station will operate under a 60-day FCC permit, but expects to have its new high power transmitter ready for operation before the two months expire. The transmitter is at 444 Madison Avenue. • • • Purely Personal: H. V. Akerberg, CBS vice-president in charge of station relations, left yesterday for a 10-day trip to Hollywood and San Francisco to discuss network affairs with officials there . . . Bette Davis will be heard on "Your Happy Birthday" over NBC-Blue Friday . . . Toni Poston, secretary to Arch McDonald, WJSV, Washington, sports commentator, will be married Saturday to Ernest Mdver, Jr., a newspaperman . . . Virginia Latimer left over the weekend for a Florida vacation. • • • Allen J. de Castro will join the CBS sales staff tomorrow to take charge of time sales for the Latin American network which CBS plans to start Sept. 1. De Castro has been active in Latin American advertising and sales since 1917. • • • Program News: Gillette Safety Razor Co. will sponsor the Kentucky Derby over 96 CBS stations Saturday, May 3 . . . Barney Clothes, Inc., has renewed its contract for 12 quarter hours weekly in addition to spot announcements over WHN . . . Colgate-Palmolive-Peet will replace "Hilltop House" with the "Story of Bess Johnson" today on the 4:30-4:45 P. M. Monday through Friday spot over CBS . . . Marcus & Co., jewelers, will sponsor the Wednesday "Column of the Air" by Lisa Sergio over WQXR beginning April 2 . . . Jacob Ruppert Brewery will sponsor Dick Fishell's "Sports Resume" over WHN Monday through Saturday 6:45-7 P. M. begin- ning April 14 ... . Kathryn Tumey Garten today starts a series of transcribed dramatic readings to be heard 1-1 :15 P. M. Mondays, Wednesdays and Fridays for Saymon Soap . . . Dorothy Kilgallen, columnist, will be sponsored by Johnson & Johnson on CBS 11:30-11:45 A. M. Saturdays, starting this week. Ethridge Will Study Papers' FM Ownership Mark Ethridge, general manager of the Louisville Courier-Journal and Times, which operates WHAS, Louisville, on Friday was named chairman of a committee to study conditions relating to newspaper operation of FM stations and the recent FCC order for an investiga- tion and hearing on whether news- papers should be permitted to own FM stations. The appointment was made at a meeting of about 85 pub- lishers and their representa- tives of newspapers which either operate standard broad- cast stations or contemplate operating FM stations. The meeting itself was indepen- dently organized, although the American Newspaper Publish- ers Association assisted in the call for the meeting. Ethridge will appoint additional members of his committee and when a report is ready a further meeting of the group will be called. There was some discussion at the meeting of or- ganizing a permanent body, but this issue was referred to the committee. No date was set for a further meet- ing but it was regarded as likely that it will be held during the regular A. N. P. A. convention in April. The FCC in its order of March 19 pointed out that it was taking no posi- tion on joint control of newspapers and radio stations but that hearings should be held on whether or not such joint control impaired broadcasting service. The commission has not fixed a date for the hearing. Although the FCC investigation is limited to FM stations, radio circles believe that it may pave the way for an inquiry on standard band stations. Approximately one-fourth of all ap- plications for FM construction per- mits were filed by newspaper interests and almost one-third of all standard stations are affiliated directly or in- directly with newspapers. Games, Racing Bills Voted Down in Conn, Hartford, Conn., March 30. — Horse racing and chance games bills have been defeated in the Connecti- cut legislature. Exhibitors were es- pecially interested in the games meas- ure, which would have provided that cash prizes be substituted for mer- chandise in games. Another bill which would permit theatres to introduce cash prize inducements, but contain- ing "no gambling element," is still to be heard. Ring May Leave FCC Washington, March 30. — Andrew D. Ring, a member of the FCC staff since 1932 and now assistant engineer in charge of broadcasting, was re- ported today to be preparing to resign to enter private business. Theatre Interstate Plans House Dallas, March 30. — Continuing its suburban development Interstate Cir- cuit has closed a deal for a site near here and will immediately begin con- struction on a 700-seat house. Reopen House in Racine Racine, Wis., March 30. — Warners have reopened the State here, as the Badger, with Andrew J. Kenney, for- merly assistant to L. S. Stein in the advertising department of the circuit in Chicago, as manager. Ervin Janot, assistant at Warners' Rialto here, has gone to the circuit's Venetian, suc- ceeding Edward Friedwald, in turn transferred to the Warner in Milwau- kee. Janot is succeeded at the Rialto by William Bindel, Jr. Gets Hamrick Ad Post Seattle, March 30. — Edward Kel- ley has been appointed assistant to Victor Gauntlett in the publicity and advertising department of Hamrick- Evergreen Theatres. He succeeds Ed- ward Rivers, who resigned last week to join RKO. To Open in Indiana Soon Richmond, Ind., March 30. — Rob- ert Hudson plans to open his new Hudson-State here in mid-April. Acquires Theatre in Texas Handley, Tex., March 30.— W. O. Irwin, Jr., has acquired the Handley Theatre from C. C. Walker. Changes To Reopen 4 Warner Houses Philadelphia, March 30. — The Warner circuit will reopen four houses in this territory on April 11 and 12. Closed for alterations and im- provements, the four houses resuming operation include the Strand and Capitol, York, Pa. ; New Warner, Reading, Pa., and the Virginia in Atlantic City. Shift Sioux Falls Manager Sioux Falls, S. D., March 30 — Ralph E. Phillips, former manager of the State here, has been transferred to manager of the Paramount in St. Cloud, Minn. His successor here has not yet been named. Leaves San Francisco Theatre San Francisco, March 30. — Gra- ham Kislingbury has resigned from the advertising staff of the Warfield, Fox West Coast house, to succeed Charles Huy as advertising and publicity man at the Golden Gate. Huy has gone to Hollywood. Redecorate Indianapolis House Indianapolis, March 30. — The Daisy, local neighborhood house, has reopened after being closed for re- decorating. Glenn Schnarr is man- ager. Mills Appoints Morgan Hollywood, March 30. — Irving Mills, president of Mills Music Co., over the weekend appointed Ken Morgan, newspaperman, as manager of the Hollywood office. CBS Adding Four; Outlets Total 127 Four stations are scheduled to be added to the CBS list of affiliates within the next five weeks, it became known over the weekend, including one in the Philippine Islands. These will bring the number of CBS affi- liates to 127. The Manila station is KZRM wK-h operates with 50,000 watts on 618/ ads. No station rate has been set. i^is the first CBS affiliate east of Hawaii, although NBC recently announced two affiliates in the Philippines. KZRM probably will operate by using tran- scriptions of programs broadcast over CBS. Other stations are WMBS, Union- town, Pa., 1,000 watts on 590 k.c. with $125 per evening hour as basic rate; WERC, Erie, Pa., which will go on the air for the first time in about two weeks on 1,490 k.c. with 250 watts day and 100 watts night, basic rate $125 per evening hour; and WKWK, Wheeling, W. Va., which goes on the air about May 2 with 100 watts on 1,400 k.c, basic rate $100 per evening hour. The last named station replaces WWVA as the Wheeling outlet for CBS. WSBT, operated by the South Bend, Ind., Tribune, CBS outlet in that city, went to full time operation Saturday- after a frequency change to 960 k.c. It is now operating with 500 watts day and 250 night but has a construction permit for full time operation at 500 watts. Ascap Radio Group Finishing Contracts The Ascap radio committee is scheduled to complete work this week on preparation of contract formulae for networks, which will be submitted to the National Association of Broad- casters and the Mutual Broadcasting System as soon as they are completed. If the formulae are ready on sched- ule, there is a possibility that negotia- tions with the networks will begin late this week. It is believed, how- ever, that the negotiations are more likely to start some time next week, since the Ascap board may suggest changes in the formulae after the committee completes its work. Seek New Stations in Scranton andHouston Washington, March 30. — Con- struction permits for two stations were asked Friday of the FCC by George G. Brooks, Jr., for a 1,370 k. c., 250-watt station at Scranton, Pa., and by the Greater Houston Broadcasting Co., Inc., for a 1,230- k. c, 250-watt outlet at Houston, Tex. WOSU, Columbus, O., asked for a change of frequency from 570 to 880 k. c. and increase of power from 1,000 to 5,000 watts; KDAL, Duluth. Minn., from 1,500 to 610 k. c. and from 250 to 1,000 watts. Other power increase requests filed were WFBR, Baltimore, from 1,000 watts to 5,000; WROL. Knoxville, Tenn., 500 to 1,000; KRNR, Roseberg, Ore., night 100 to 250; WAOV, Vincennes, Ind.. 100 to 250; and KGVO, Missoula. Mont, night from 1,000 to 5,000. QUIGLEY PUBLICATIONS are agencies of service and information to the business of the motion picture, from studio to box office — and in its public relations — ever impartially constructive MOTION PICTURE HERALD MOTION PICTURE DAILY OP X" m / / ' 'ml mm Wwm Your theatre is your show window. Don't waste it. Keep it fresh . . . clean . . . colorful. Change frequently. Plan care- fully. Keep it alive with advertising and it will draw people in . . . people who might otherwise not come in. And that's where those extra profits come from. Don't let the picture die. You have great powers to swell your box- office receipts. But they are mostly unused. There are dozens of selling ideas in pro- ducers press -books. Dozens of suggestions. Use them. Don't let your lobby die. Don't let your marquee die. Don't lei the picture die. Use advertising . . . use it gra- ciously . . . consistently . . . according to plan. It will pay out in the long run . . . for the long run. Don't let the picture die. Use V i I M